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6 <br />(QAMENDMENT 2 .AMEND .SECTION IV-B-10, SECTION C.3 (OPEN SPACE STANDARDS) <br />OWNERSHIP OF OPEN SPACE TO CLARIFY LANGUAGE AND TO MAKE LANGUAGE CONSISTENT <br />WITH OTHER CHANGES THROUGHOUT BY A~ SPECIFYING THAT OPEN SPACE PRESERVATION <br />RESTRICTIONS CANNOT BE REMOVED FROM RESTRICTIVE COVENANTS BY THE LANDOWNERS <br />AND B~ CLARIFYING THAT THE ESTATE OPTION IS THE ONLY OPTION OF FLEXIBLE DEVELOPMENT <br />WHICH ALLOWS THE INDIVIDUAL OWNERSHIP OF OPEN SPACE (AND INDIVIDUAL PROPERTY <br />OWNER RESPONSIBILITY FOR MAINTAINING AND PRESERVING OPEN SPACE. <br />SECTION IV-B-10 FLEXIBLE DEVELOPMENT <br />Section C OPEN SPACE STANDARDS <br />C.3 Ownership of Open Space <br />Open space within a Flexible Development may be owned and/or administered by any <br />of the following methods, either individually or in combination. All open space shall be <br />permanently restricted from further subdivision. <br />• Fee simple dedication to Orange County, another unit of local government, the <br />State of North Carolina or a private non-profit land conservancy. <br />• Dedication of conservation easements to Orange .County, another unit of local <br />government, the State of North Carolina or a private non-profit land conservancy. <br />Such easements may apply to a single property owned by a homeowners. <br />association and/or to all or portions of individual lots owned by one or more <br />property owners. <br />• Ownership by a homeowners association where specific development <br />restrictions and maintenance requirements are included as part of its bylaws and <br />as irrevocable articles of restrictive covenants. <br />• Ownership by individual property owners; e~spesially of estate lots ewflefs .only, <br />where specific development restrictions and maintenance requirements are <br />included as part of restrictive covenants and/or permanent conservation <br />easements applicable to such lots. <br />Where conservation easements have been dedicated prior to application for approval of <br />a Flexible Development proposal, the land subject to the easement may be counted <br />toward satisfying the thirty-three percent (33%) open space requirement provided it is a <br />portion of and in the same ownership as the land to be subdivided. <br />g:\textamd\flexdev\adminrec.doc\8-17-99Uc1 <br />