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(A) The open space must be protected in perpetuity by a binding legal instrument that is recorded with the deed. The legal instrument must be one of the following:
(1) A permanent conservation easement in favor of either:
(a) A land conservation agency with legal authority to accept the easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions; or
(b) A governmental entity (if the entity accepting the easement is not the county, then a third right of enforcement favoring the county must be included in the easement).
(2) An open space tract protected by a permanent restrictive covenant for conservation purposes in favor of a governmental entity; or
(3) An equivalent legal tool that provides permanent protection, as approved by the State’s Attorney.
(B) The instrument for permanent protection must include clear restrictions on the use of the open space. These restrictions must include all restrictions contained in this section, all restrictions approved by the County Board and any further restrictions the applicant chooses to place on the open space.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)