§ 3.37.23. Publicly accessible open space requirements in Tiers 1, 2 and 5.

A.

A minimum of twenty (20) percent publicly accessible open space shall be provided for each new multifamily or new mixed-use development. Publicly accessible open space areas may be transferred from one (1) parcel to another within overall developments that remain under unified control of a single property owner or group of owners, but must demonstrate inter-connectedness of public areas.

B.

Publicly accessible open spaces shall be at grade, and directly accessible from a public sidewalk and building entrances.

C.

Publicly accessible open space that is provided as part of a new development shall include connectivity to any existing or planned nearby public amenity including, but not limited to, trail networks, greenspace or park facility.

D.

Publicly accessible open spaces may include any combination of the following: planted areas, fountains, parks, plazas, trails and paths, hardscape elements related to sidewalks and plazas, and similar features which are located on private property and accessible to the general public; stream buffers shall be permitted to be counted toward the twenty (20) percent publicly accessible open space requirement.

E.

Private courtyards and other private outdoor areas and amenities may be located at the interior of the development, behind buildings or on rooftops. Private courtyards, and outdoor areas and amenities shall not be counted toward the twenty (20) percent publicly accessible open space requirement.

F.

All open space including buffers, setbacks, sidewalk clear zones, sidewalk zones and open spaces shall be fully implemented prior to issuance of a certificate of occupancy for the primary development.

G.

As a part of the application for a building permit within the district, each applicant shall present a legal mechanism under which all land to be used for publicly accessible open space purposes shall be maintained and protected. Such legal mechanism may include deed restrictions, property owner associations, common areas held in common ownership or control, maintenance easements, or other legal mechanisms, provided that said legal mechanism shall be approved by the county attorney to ensure compliance with each of the following mandatory requirements:

1.

All subsequent property owners within said district shall be placed on notice of this development restriction through the deed records of DeKalb County Superior Court;

2.

All publicly accessible open space held in common will be properly maintained and insured with no liability or maintenance responsibilities accruing to the county;

3.

A legal mechanism must be provided for notice of deficiencies in maintenance of the publicly accessible open space held in common, correction of these deficiencies, and assessment and liens against the properties for the cost of the correction of these deficiencies by a third party or the county;

4.

The property owners association shall provide the following:

a.

Mandatory and automatic membership in the property owners' association as a requirement of property ownership;

b.

A fair and uniform method of assessment for dues, maintenance and related costs;

c.

Where appropriate, party wall maintenance and restoration in the event of damage or destruction; and

d.

Continued maintenance of publicly accessible open space held in common and liability through the use of liens or other means in the case of default.

( Ord. No. 15-06 , 8-25-2015)