Orange County NC Website
BOCC Approved Ordinance <br />1 October 2003 <br />10 <br />at least 50% of prof ect lots. The remaining lots shall be within approximately <br />600 feet of an accessible point of Primary or Secondary Conservation Area. <br />C-5 Ownership of Open Space <br />Open space within a flexible development maybe owned and/or administered by any of <br />the following methods, either individually or in combination. All open space shall be <br />permanently restricted from further subdivision. <br />Fee simple dedication to the county, another unit of local government, <br />the state or a private nonprofit land conservancy. The county may <br />reject any proposed dedication at its discretion prior to or during the <br />application process. <br />• Dedication of conservation easements to the county, another unit of <br />local government, the state or a private nonprofit land conservancy. <br />Such easements may apply to a single property owned by a <br />homeowner's association and/or to all or portions of individual lots <br />owned by one or more property owners. The county may reject any <br />proposed dedication at its discretion prior to or during the application <br />process. <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 and accepted prior to application for <br />approval of a flexible development proposal, the land subject to the easement maybe <br />counted toward satisfying the 33 percent open space requirement,. provided that it is a <br />portion of and in the same ownership as the land to be subdivided. <br />C-6 Maintenance of Open Space <br />Natural features shall be maintained in their natural condition, but maybe modified to <br />improve their appearance, function or overall condition, as recommended by experts in <br />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 />