§ 3.5.5. Public space.

A.

Public space: Each lot may provide a minimum of twenty (20) percent public space. To the extent possible, lands containing streams, lakes, one hundred-year floodplains, wetlands, slopes over fifteen (15) percent shall remain undisturbed and included in public space. Natural public space areas shall form an interconnected and continuous network of paths, greenways, and trails throughout the development within the Stonecrest Area Overlay District. Credit for public 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 interconnectedness of public areas.

1.

Maintenance and protection of public space. Each applicant that chooses to provide for public space shall present as a part of the application for a building permit within the Stonecrest Area Overlay District a legal mechanism under which all land to be used for public space purposes shall be 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 as assuring each of the following mandatory requirements:

a.

That all subsequent property owners within said Stonecrest Area Overlay District be placed on notice of this development restriction through the deed records of DeKalb County Superior Court;

b.

That all public space held in common will be properly maintained and insured with no liability or maintenance responsibilities accruing to the county;

c.

That a legal mechanism exists for notice of deficiencies in maintenance of the public 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;

d.

When an applicant for a Stonecrest Area Overlay District chooses to utilize a property owners association in order to comply with the requirements of subsection A. above, the applicant, in addition to meeting all of said requirements, shall provide for all of the following:

1.

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

2.

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

3.

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

4.

Continued maintenance of public 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)