AG 2005 06 20 - Laserfiche WebLink

Home Browse Search

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