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Agenda - 10-13-1999 - 2
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Agenda - 10-13-1999 - 2
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Last modified
10/21/2008 4:15:28 PM
Creation date
10/21/2008 4:15:20 PM
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BOCC
Date
10/13/1999
Meeting Type
Work Session
Agenda Item
2
Document Relationships
Minutes - 19991013
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\1990's\1999
ORD-1999-012 Ordinance Amending Subdivision Reguulations Section II and Section IV-B10
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 1990-1999\1999
ORD-1999-013 Ordinance Amending Article 22 Flexible Development and Open Space Definitions
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 1990-1999\1999
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7 <br />c, AMENDMENT 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 {NDIVIDUAL .OWNERSHIP OF .OPEN SPACE (AND INDIVIDUAL PROPERTY <br />OWNER RESPONSIBILITY FOR MAINTAINING AND PRESERVING OPEN SPACE.) <br />SECTfON 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 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 associatior- 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;-eepesiall} of estate tots ewaer=s onl , <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:lbctamendlflexdevladminrec.doc~8-17-991k1 <br />
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