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AG 2005 06 20
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AG 2005 06 20
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Last modified
3/3/2006 8:35:16 AM
Creation date
11/27/2017 11:35:38 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
6/20/2005
Board
Board of Commissioners
Meeting Type
Regular
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<br />D. <br /> <br />and take corrective action, including the provision of extended maintenance. <br />The costs of such maintenance may be charged to the Homeowner's <br />Association, or to the individual property owners that make up the <br />Homeowner's Association, and may include administrative costs and <br />penalties. Such costs shall become a lien on all subdivision properties. <br /> <br />8. Legal instrument for permanent protection. <br /> <br />a. The open space shall be protected in perpetuity by a binding legal instrument <br />that is recorded with the deed. The instrument shall be one of the following: <br /> <br />i. A permanent conservation easement in favor of either: <br />.) The Cabarrus Soil and Water Conservation District; or <br /> <br />b) A land trust or similar conservation-oriented non-profit <br />organization with legal authority to accept such easements. The <br />organization shall be bona fide and in perpetual existence and the <br />conveyance instruments shall contain an appropriate provision for <br />re-transfer in the event the organization becomes unable to carry <br />out its functions; or <br /> <br />c) A governmental entity with an interest in pursuing goals <br />compatible with the purposes of this ordinance. If the entity <br />accepting the easement is not the County, then a third right of <br />enforcement favoring the County shall be included in the easement. <br /> <br />ii. A permanent restrictive covenant for conservation purposes in favor of a <br />governmental entity. <br /> <br />iii. An equivalent legal tool that provides permanent protection, if approved <br />by the County. <br /> <br />b. The instrument for permanent protection shall include clear restrictions on the <br />use of the open space. These restrictions shall include all restrictions contained <br />in this chapter, as well as any further restrictions the Applicant chooses to <br />place on the use of the open space. Where appropriate, the instrument shall <br />allow for stream or habitat restoration within the easement area. <br /> <br />B. <br /> <br />Stream buffer limitations. <br /> <br />1. Land within a stream buffer shall not be used to meet nurumum lot size <br />requirements, except where lots are greater than one acre in area, in which case at <br />least 50 percent of the lot shall remain outside the stream buffer. For additional <br />stream buffer requirements see Section 4-11. <br /> <br />2. Buildings and other features that require grading and construction shall be set back <br />at least twenty feet from the edge of any stream buffer. <br /> <br />Utilities. <br />To the maximum extent determined feasible, utilities in open space and amenity <br />subdivisions shall be placed underground. <br /> <br />Perimeter compatibility. <br /> <br />1. Applicability. <br />Perimeter compatibility is required along project boundaries for both open space <br />and amenity subdivisions to provide a suitable transition between the proposed <br />subdivision and adjacent development. <br /> <br />-5-20- <br />E-/(I:,) <br /> <br />> <br /> <br />c. <br />
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