A minimum of 25 percent of the total development shall be reserved for open space, parks, recreation or other similar uses; provided the following criteria are met:

1.

The required yards, parking areas, stormwater infrastructure (detention pond), wetlands, utility easements and other non-buildable areas shall not be credited toward the minimum open space requirements. Up to 25 percent of the land located within a noted floodplain, may be credited towards open space requirements, subject to review and approval by the City of Griffin Stormwater Department. The required open space shall be developed and landscaped by the developer in accordance with an approved site plan. Open space shall consist of contiguous property, where possible to allow connectivity of open areas.

2.

If requested by the city, the owner of the planned residential development shall deed to the city the land set aside as required open space.

3.

If the city does not request that the land be deeded to it, then, the open space shall be deeded to a property owner's association for the benefit of the residents. The organization of a property owner's association and its adequate financing for the discharge of its responsibilities shall be assured through acceptable private deed covenants running with the land.

4.

In the event the property owner's association fails to maintain the open space properly, the city may serve written notice upon the property owner's association and upon the residents and owners of the planned residential development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice.

5.

If the deficiencies are not corrected within the said 30 days, the city, in order to preserve the taxable values of the properties within the planned residential development and to prevent the open space from becoming a public nuisance, may enter upon said open space and maintain the same until the property owner's association is prepared to provide proper maintenance.

6.

The cost of such maintenance by the city shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment and of the open space and shall become a tax lien upon said properties. The city, at the time of entering upon said open space for the purpose of maintenance, shall file a notice of such lien in the office of the clerk of superior court upon the properties affected by such lien within the planned residential development.