§ 5.5.2. Maintenance, management and ownership.

A.

Ownership and management of open space . Open space shall be owned by one (1) of the following entities, which shall be responsible for maintenance and management as described herein:

1.

DeKalb County.

a.

Open space agreements may be made with the county to deed the required open space to the county. DeKalb County is under no obligation to accept any proposed dedication of open space used to meet the requirements of this ordinance.

b.

Public access easement agreements may be made with the county for open space so dedicated by the owner for county trails, parks or other public recreational amenities, as agreed to by DeKalb County and whereby maintenance agreements shall be executed between the owner and county.

2.

Land conservancy or land trust. The responsibility for maintaining the open space and any facilities located thereon may be transferred to a land conservancy or land trust, subject to prior approval by DeKalb County.

3.

Homeowners' or property owners' association. A homeowners or property owners association representing residents or property owners of the subdivision may own and be responsible for maintenance and management of open space. Membership in the association shall be mandatory and automatic for all homeowners or property owners, and their successors. The homeowners/property owners association shall have lien authority to ensure the collection of dues from all members. The homeowners' or property owners' association organizational documents must first be submitted to the director of planning for review to insure compliance with this subsection. The homeowners or property owners association shall be formed and maintained in compliance with all applicable state law.

4.

Recording of open space. Open space shall be shown on the final approved plat as a conservation easement, permanent restrictive covenant or equivalent legal document in a form approved by DeKalb County, which shall include a provision rendering the covenant or document void when a property is being redeveloped or redesigned, in which case applicable zoning standards shall apply to ensure consistency with this chapter. At no time shall the development provide less than the required open space.

B.

Maintenance of open space.

1.

Undeveloped open space used to satisfy the requirements of this division shall be preserved in a natural state except for the removal of litter, dead trees, invasive species and plant materials that obstruct pedestrian movement, as well as other maintenance necessary to preserve the natural state of the open space as approved by the director of planning. Natural water courses and stream channels shall be kept free of litter and obstructions and shall be maintained so as to not alter floodplain levels, and as required by stream buffer regulations in chapter 14 of the Code.

2.

Open space shall be maintained so that there exist no hazards, nuisances or unhealthy conditions.

3.

Permitted elements as described in Table 5.6 shall be maintained in good repair.

4.

New landscaping in required open space shall be maintained such that planted materials that die within one (1) year of the installation, shall be replaced within six (6) months or the next appropriate planting season as determined by the county arborist.

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