1.

Legal mechanism.

a.

Each applicant shall present as a part of the application for a building permit within the Griffin Overlay District a legal mechanism under which all land to be used for publically accessible 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 as assuring each of the following mandatory requirements:

i.

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

ii.

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

iii.

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 city.

2.

When an applicant chooses to utilize a property owners association in order to comply with the requirements of (a) above, the applicant, in addition to meeting all of said requirements, shall provide for all of 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 public space held in common and liability through the use of liens or other means in the case of default.

3.

Maintenance of common land. Covenants or other legal arrangements shall specify ownership of all public spaces, the method of and responsibility for maintenance, taxes and insurance, compulsory membership and assessment provisions, and shall be incorporated into legal instruments sufficient to ensure that the public space requirements are maintained.

( Ord. No. 15-11 , § 1, 7-28-2015)