Orange County NC Website
11 <br />proposed dedication at its discretion prior to or during the <br />application. <br />• Ownership by a homeowner's association where specific development <br />restrictions and maintenance requirements are included as part of its <br />bylaws and as irrevocable articles of restrictive covenants. <br />• Ownership by individual property owners, of estate lots only, where <br />specific development restrictions and maintenance requirements are <br />included as part of restrictive covenants and/or permanent <br />conservation easements applicable to such lots. <br />Where conservation easements have been dedicated prior to application for approval of a <br />flexible development proposal, the land subject to the easement may be counted toward <br />satisfying the 33 percent open space requirement, provided that it is a portion of and in <br />the same ownership as the land to be subdivided. <br />C -6 C-4—Maintenance of Open Space <br />Natural features shall be maintained in their natural condition, but may be modified to <br />improve their appearance, functioning or overall condition, as recommended by experts <br />in the particular area being modified. Permitted modifications may include the following: <br />• Reforestation; <br />• Woodland management; <br />• Pasture or cropland management; <br />• Buffer area landscaping <br />• Stream bank protection; and/or <br />• Wetlands management <br />Unless accepted for dedication or otherwise agreed to by the county, another unit of local <br />government, the state or a private nonprofit land conservancy, the cost and responsibility <br />of maintaining open space and any facilities located thereon shall be borne by the <br />property owner and/or homeowner's association. <br />Section 2 Section F EVALUATION CRITERIA <br />All open space planning should show consideration of the specific physical <br />characteristics of the land parcel being developed, creativity in design, and <br />maximization of functionality. At Fof any given site, the types of resources may vary <br />widely in importance ; (e.g., a natural area compared to a historic site) and b 'sr <br />each type of resource may have areas of greater or lesser significance ;(e.g. a notable <br />example of local vernacular building traditions compared to a much altered older home). <br />Priorities for conserving such resources should therefore be based upon a thorough site <br />analysis and an understanding of what is more special, unique, noteworthy, <br />