Forsyth County › Unified Development Code

Chapter 19 — Conservation Subdivisions, Article 8 — EASEMENTS AND OWNERSHIP

current as of 2026-04-02currency checked manuallyOfficialofficial source ↗5 sections · full chapter

§ 19-8.1

Conservation Easement Required.

All primary conservation areas and all secondary conservation areas shown on the rezoning application site plan and/or sketch plat that are required to be retained as open space, shall be permanently protected from further subdivision, development, and unauthorized use, by a conservation easement. A conservation easement, as defined by this Code, shall be approved by Forsyth County and 1) co-signed by Forsyth County and donated to a conservation organization or land trust; or 2) co-signed by Forsyth County and donated to a homeowners association; or 3) donated to Forsyth County if accepted by the County. Copies of the draft easements and delineation of primary and secondary conservation areas shall be submitted for review concurrent with the submittal of a land disturbance permit application.

§ 19-8.2

Guidelines for Drafting Conservation Easements.

The following guidelines are offered for drafting conservation easements and may be required:

(A)The easement recognizes and describes in a statement of purpose the special qualities of the property subject to the easement. Preferably, conditions within the tract subject to the conservation easement are shown by map and/or photograph.

(B)The easement clearly identifies the owner of the property subject to the easement, the holder of the easement, and co-signer, and the responsibilities of the property owner, easement holder, and co-signer.

(C)The easement specifically and clearly identifies the boundaries of the property subject to the easement, preferably by metes and bounds legal description and survey plat.

(D)The easement contains restrictions as to what the owner may do with the property and specifically delineate what may not be done with the property. Limitations may include but may not be confined to prohibitions against subdivision, earthmoving, dumping, signs, utility lines, construction, changes to existing structures, and uses made of the property.

(E)The easement provides for the right of the easement holder and co-signer to inspect the property to assure observance of restrictions as well as provides for enforcement procedures.

(F)The easement provides for the maintenance of property.

(G)The easement contains provisions governing its amendment, including provisions that the easement shall not be altered except with the express written permission of the easement holder, property owner, and any co-signers.

§ 19-8.3

Required Ownership of Open Space.

In addition to a conservation easement, the open space shall be permanently protected through ownership either by a homeowners’ association or by Forsyth County, if accepted by the County, in accordance with this article.

§ 19-8.4

Homeowners Association.

If open space is owned and managed in common by a homeowners’

association, it shall be subject to the following requirements:

(A)The developer of the conservation subdivision shall provide a description of the homeowners’

association, including bylaws and methods for maintaining open space, to the Planning Director for approval, prior to the approval of a final plat.

(B)The homeowners’ association shall be established by the conservation subdivision developer and endowed with a financial subsidy from the developer prior to the approval of a final plat on the property involving a conservation subdivision.

(C)Membership of each non-open space lot owner in the conservation subdivision shall be mandatory and automatic.

(D)The homeowners’ association shall be responsible for maintenance, insurance, and taxes on the open space within the conservation subdivision. The association shall be required to assess dues for the maintenance of open space, purchase of insurance, and payment of taxes, unless another income source is proven to be available. Members of the association shall share equitably the costs of open space development and maintenance as indicated in bylaws. The association shall be empowered with the legal ability to place liens on non-open space lot owners for failure to pay association dues.

(E)Said homeowners’ association shall not be dissolved without the consent of the Board of Commissioners.

If common ownership of open space by a homeowners’ association is proposed and approved, then open space shall be subject to permanent deed and final plat restrictions or covenants on the future use, development, and subdivision of open space, in addition to the requirement of a conservation easement.

(F)The Board of Commissioners may require that the homeowners’ association establish a minimum amount of funds to be initially deposited and maintained in a maintenance account.

§ 19-8.5

Fee Simple Dedication to Forsyth County.

Dedication in fee-simple ownership to the public for recreational and/or open space use, is a possible mechanism for the permanent retention and maintenance of open space within the conservation subdivision, at the sole discretion of the Board of Commissioners, and subject to the following:

(A)Dedication to the County shall only be approved if the Board of Commissioners finds that the size, shape, location, type of open space, or cost of development or maintenance of such open space or the availability of open space would make public ownership desirable or necessary.

(B)The decision to accept open space for fee simple public ownership shall be at the sole discretion of the Board of Commissioners but guided by recommendations of the Planning Director, Planning Commission, the Comprehensive Plan as it pertains to open space acquisition, and the County Parks and Recreation Director.

(C)The Board of Commissioners generally will require dedication of all open space or park and recreation areas indicated for acquisition in the County’s Comprehensive Plan or capital improvement program.

(D)The Board of Commissioners may require a maintenance bond or other financial security with a duration of twelve (12) months following public acceptance in an amount sufficient to ensure that such lands do not cause unwarranted public expenditures because of faulty conditions or construction. The Board shall have authority to cash said bond in the event substandard conditions or construction are evident.

Otherwise, following the one (1) year period following public dedication, with satisfactory performance, the Board shall return the performance bond to the subdivider.

In addition to the required conservation easement, a deed for open space lands in a form acceptable to the County Attorney in favor of Forsyth County shall be signed and recorded prior to the approval of any final plat pertaining to land within the conservation subdivision.

ARTICLE IX, CRITERIA FOR APPROVAL: