§ 14-189.3. Legal mechanism for maintenance of private streets, resurfacing fund.

(a)

Maintenance of private streets.

(1)

Each developer that chooses to include private streets within a condominium, as that term is defined by state law, or any other residential, commercial, institutional, industrial or office development shall organize and establish a property owners' association prior to recording of the final plat. Membership in the property owners' association shall be mandatory for each original and successive purchaser of a lot, building or unit within the development. The property owners' association shall be organized so that it has clear legal authority to maintain and exercise control over the private street(s) and required improvements associated with private streets, including, but not limited to, sidewalks, bikeways, curbs and gutters, traffic signs and markings, associated landscaping and lighting, entry signs, monuments, perimeter walls and fences, entry gates and gatehouses. The declaration of covenants creating the property owners' association shall be recorded with the clerk of the Superior Court of DeKalb County and the recorded declaration of covenants and articles of incorporation creating the property owners' association shall provide that all private streets and associated improvements are owned by the property owners' association or are held in common by the property owners within the development. Said streets shall be properly maintained and insured with no liability or maintenance responsibilities accruing to the county. The recorded declaration of covenants and articles of association shall specifically require the property owners' association to repair and maintain each private street in the same manner as similar public streets are maintained by the county and such maintenance and repair shall be performed in compliance with all county standards and all applicable provisions of law.

(2)

Prior to any final plat approval, the developer shall submit articles of incorporation, declaration of covenants and bylaws for the property owners' association to the planning department. Those documents must thereafter be reviewed and approved by the county attorney.

(b)

Maintenance fund. The declaration of covenants and articles of association shall provide for a street maintenance fund the proceeds of which shall be used solely for the purpose of regular maintenance of the street(s), whether for resurfacing or a similar purpose. For the purposes of further providing further assurance that county funds shall not be used for maintenance of private streets, the developer shall submit proof of deposit of fifty (50) percent of the current estimate of resurfacing costs, as determined by the planning and development director or designee, in an interest bearing account on behalf of the property owners' association.

(c)

Maintenance bond At the end of the twelve-month maintenance period provided for in section 14-381, a developer must provide a maintenance bond renewable annually to cover the cost of maintenance and repair for any private streets within a subdivision. The bond shall be for an amount equal to fifty (50) percent of the current estimate of resurfacing costs, as determined by the planning and development director or designee. The developer may avoid securing the maintenance bond set forth in this subsection if the developer submits proof to the planning department that one hundred (100) percent of the then-current estimate of resurfacing costs, as determined by the planning and development director or designee, has been deposited in an interest-bearing account on behalf of the property owners' association. If the developer chooses this alternative, the declarations of covenants and articles of association shall specifically require the property owners' association to continuously maintain one hundred (100) percent of the then-current estimate of resurfacing costs of the private streets in this maintenance fund.

(d)

Assessment and liens. The property owners' association must be empowered to levy assessments against owners within the development for the payment of expenditures made by the association for maintenance of the private streets and other items set forth in subsection (a) herein. At least fifteen (15) percent of all fees or assessments paid shall be set aside in the maintenance fund. Any unpaid assessments shall constitute a lien in favor of the property owners' association on the lot, building or unit of the owner.

(Ord. No. 07-17, Pt. I, 7-24-07)