Orange County NC Website
Ordinance as recommended by Planning Board and Administration 10 l <br />REVISED I <br />C.4 Access to Open Space <br />• General public accessibility to and within open space shall be evaluated <br />on a case-by-case analysis of the goals and the intended use(s) of the open <br />space in that particular development. <br />Primary Conservation Areas, due to their considerable recreation, scenic <br />and cultural public values, shall be made available for the use of the <br />public at large through access by public road. However, it will not be <br />feasible for public use to be provided in alI cases (e.g. fragile cultural <br />sites, protected and/or private habitat areas, hazardous slopes and <br />wetlands, etc.). <br />Secondary Conservation Areas shall be available to, at least, subdivision <br />residents, particularly when it includes active and passive-low impact <br />recreation areas. In some cases, this level of public entry may not be <br />appropriate (e.g. worlung timber or agricultural resource areas). <br />• If less than half of designated open space is Primary Conservation Area, <br />the subdivision plan shall provide direct access to Primary or Secondary <br />Conservation Area to at least 75% of project lots. The remaining lots <br />shall be within approximately 300 feet of an accessible point of Primary <br />or Secondary Conservation Area. <br />If the majority of open space is Primary Conservation Area, the <br />subdivision plan shall provide direct access to Primary or Secondary <br />Conservation Area to at least 50% of project lots. The remaining lots <br />shall be within approximately 600 feet of an accessible point of Primary <br />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 <br />the appliCatfon rp ocess. <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 />