Unified Development Ordinance, 31st Supplement, May 2024

CHAPTER 2. ​RESIDENTIAL DISTRICTS | Article 2.5. Common Open Space Requirements

B. Conveyance The conveyance of common open space shall be in accordance with the following: 1. Open space shall be conveyed to the land conservancy or homeowners' association in fee simple without any encumbrances except drainage, greenway and utility easements. Title to the real property shall be conveyed no later than the time of the conveyance of the first lot within the applicable phase of the development. 2. Open space shall be preserved for the perpetual benefit of the residents within the development and it shall be restricted against private or public ownership for any other purpose except acquisition by condemnation or in lieu of condemnation and the granting of utility, drainage and greenway easements. C. Dissolution If the homeowner’s association is dissolved, the open space may be offered to another entity who shall be responsible for the maintenance and upkeep of the open space. If no other offer is accepted, the open space shall be offered to the City and if accepted, deeded to the City.

2 – 33 Published May 2024

Supp. No. 31

Part 10: Unified Development Ordinance City of Raleigh, North Carolina