Open space is defined as the undeveloped land resulting from reductions in the minimum size of lots, which is set aside permanently for common use by the residents/owner/employees in a planned residential, neighborhood, shopping center, industrial, recreation/lodge, or multi-use development. Open space designations of twenty-five (25) percent of the net buildable area will result in a further reduction in lot size. Density requirements are applicable as stated in the preceding sections.

A.

Open space land shall be preserved by one of the following:

1.

Establishment of a mandatory Home Owners Association (HOA) to own and maintain the land in common for the open space purposes intended according to the following provisions:

a.

With the application for rezoning for a PUD, the applicant shall submit minimum requirements and structure for the HOA.

b.

The HOA will maintain, pay taxes, and own the open space.

c.

Membership in the HOA is mandatory for all homeowners, and dues are uniform.

d.

The HOA will stipulate that a third party, such as the local government, may enforce the maintenance of the open space through legally enforceable liens.

2.

Dedication of legally described and platted "open space" to the Spalding County Board of Commissioners.

3.

Dedication of legally described and platted "open space" to a land trust established in compliance with the requirements of Georgia law and shall be for conservation purposes.

B.

The board of commissioners shall require the owner(s) of open space land to execute, acknowledge, and file in the land record of Spalding County, including documents and maps which effectively create a conservation easement or other legal conveyance approved by the county or its designee. These records:

1.

Will be binding on all future owners of the open space land;

2.

May be enforced by the adjoining property owners, the county, or a land trust by appropriate court action for equitable relief in the form of an injunction;

3.

Will assure appropriate maintenance by the homeowners' association or as otherwise herein provided, of open space land to the satisfaction of the county;

4.

Will provide that if maintenance, preservation, and/or use of the open space land no longer complies with the provisions of the easement, the county may take all necessary action to effect compliance and assess the costs against the owners in default;

5.

Will provide that such easement may not be modified, altered, or amended.

C.

Easements will allow designated open space to be used for community sewer system drip lines or individual septic system secondary drain lines, wells, and storm water management structures designed to promote on-site infiltration and/or treatment of runoff if the designated open space has been designated for maintenance by a home owners association in accordance with section 1712.A(1).

D.

Structures of historic, architectural, or cultural significance existing prior to development of the subdivision may be retained within the open space, subject to approval indicating that these structures are compatible with the Spalding County Zoning Regulations.

E.

The open space shall be an integrated part of the project rather than an isolated element and fragmentation of the open space shall be minimized. The open space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the open space.

(Res. No. A-00-22, § 2, 11-6-00; Res. No. A-01-17, § 55, 1-7-02)