§ 7.5. Open space protection.

The required open space areas shall be protected in perpetuity from further development or unauthorized use by a conservation easement or permanent restrictive covenant (per O.C.G.A. § 44-5-60(c)). Fulton County reserves the right to enforce all restrictive covenants and conservation easements.

7.5.1.

Requirements for conservation easements. The conservation easement(s) shall:

A.

Clearly delineate primary and secondary conservation areas;

B.

Describe the features of the subject property that should be permanently protected in accordance with the Georgia Uniform Conservation Easement Act, O.C.G.A. § 44-10-1 et seq.;

C.

List the parties, that is, the owner(s) of the property, the holder of the easement and Fulton County as a third party beneficiary with rights to enforce the easement if Fulton County is not the holder;

D.

Specify how the easement may be transferred as in the case of the dissolution of a homeowners association;

E.

Clearly identify the boundaries of the property by survey and a metes and bounds legal description;

F.

Clearly list restrictions;

G.

Provide for inspections of the property by the owner, the holder of the easement and Fulton County;

H.

Provide for maintenance of the property;

I.

Be shown on the final plat and duly recorded with the Clerk of Superior Court, prior to the issuance of a land disturbance permit; and

J.

Provide for amendments only with the express written permission of the property owner(s), the holder of the easement and Fulton County. Amendments to the easement shall be filed and shall be recorded in Superior Court.

7.5.2.

Requirements for permanent restrictive covenants. The permanent restrictive covenant(s) shall:

A.

Clearly delineate primary and secondary conservation areas;

B.

Describe the features of the subject property that should be permanently protected;

C.

Clearly identify the boundaries of the property by survey and a metes and bounds legal description;

D.

Clearly list restrictions;

E.

Provide for inspections of the property by Fulton County;

F.

Provide for maintenance of the property;

G.

Be shown on the final plat and duly recorded with the Clerk of Superior Court, and prior to the issuance of a land disturbance permit; and

H.

Provide for amendments only with the express written permission of the property owner(s) and Fulton County. Amendments to the covenant shall be filed with the director and shall be recorded in Superior Court.