(A) In any class of subdivision where open space easements are created, the open space shall be excluded from future subdivision or development by conveyance of development rights to San Benito County. Uses permitted in open space, such as development of recreational facilities, passive recreation, or agricultural activities, shall be specified in the conveyance to or contract with the county. In all cases financially feasible arrangements for maintenance of open space shall be provided through an incorporated homeowners association, a service district or conveyance to a public agency.
(B) When development rights are dedicated to San Benito County under this section, the conveyance of those rights shall reserve a right in property owners who have purchased property in the subdivision in the reliance on preservation of open space uses to enforce the term of the conveyance by court action.
(1966 Code, § 17A-6)