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23 <br />ZQAMENDMENT 3 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 INDNIDUAL 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 #o Orange County, another unit of local govemment, 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; espesialla} of estate lots ewt~e~s 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:~txtamend~flexdevlpbrec.doc~8-17-991W <br />