Alpharetta City Zoning Code

ARTICLE IV

PROCEDURES

SECTION 4.1 - COMPREHENSIVE LAND USE PLAN AMENDMENTS

The Comprehensive Land Use Plan (CLUP) may be amended from time to time for specific properties on the CLUP Future Land Use Map by the City Council under the procedures hereinafter specified. Such changes are referred to as "CLUP amendments" in the Ordinance.

4.1.1 Initiation.

A proposed change in the land use designation on the Future Land Use Map may be initiated by the City Council, the Planning Commission, or by any person who owns property within the City. Unless initiated by the City Council or the Planning Commission, all such applications shall be initiated by the owner of a majority interest in the property affected.

Any other proposal to change or amend the Comprehensive Land Use Plan shall only by initiated by the City Council or the Planning Commission, and shall be considered under the requirements of the Minimum Standards and Procedures for Local Comprehensive Planning as adopted by the Georgia Board of Community Affairs, in lieu of the procedures herein.

A CLUP amendment initiated by a property owner shall be submitted to the Director within filing deadlines and on application forms prepared by the Community Development Department. The application forms and filing deadlines shall be published and made available to the public. All applications not filed by the City shall be accompanied by a non-refundable fee as fixed from time to time by the Community Development Department.

An application for a CLUP amendment affecting the same property shall not be considered by the City Council more often than once every 12 months; provided, however, that the City Council may approve a reduction in the waiting period.

4.1.2 Public hearing process.

Before taking final action on a proposed CLUP amendment, the Planning Commission and the City Council each shall hold a public hearing on the proposal. The Director shall publish the schedule of the public hearing dates on an annual basis, along with application filing deadlines.

Public Notice.

Notification to the General Public.

At least fifteen (15) days but not more than forty-five (45) days prior to each public hearing, notice shall be published in a newspaper of general circulation within the City. The Director shall prepare such notice, which shall state the time, place and purpose of the hearing.

If a CLUP amendment is to be heard at the public hearing then:

(1)

The notice in addition to the requirements above, shall include the location of the property, the present land use designation of the property and the proposed land use designation of the property; and

(2)

The Director shall post, at least fifteen (15) days prior to the public hearing, on a conspicuous place on the property for which an application has been submitted, a sign or signs stating the date, time and place for the public hearing, and the public hearing case number.

Notice to Surrounding Property Owners: If the proposed CLUP amendment affects only one (1) property, notice shall also be given to the surrounding property owners as follows:

At least ten (10) days prior to the first public hearing at which the amendment will be considered, the Director shall cause a notice to be mailed to the:

(1)

All persons owning record title to the property located within 500 feet of the property that is the subject matter of amendment.

The notice shall state the time, place and purpose of the hearings by the Planning Commission and the City Council. The written notice shall be mailed to the last known address of the property owners as such addresses appear on the Fulton County ad valorem tax records.

Associated Applications for Zoning or Conditional Use. If an application for a CLUP amendment is associated with a proposal to rezone property or to obtain approval of a conditional use, the public notice for the CLUP amendment and the zoning change and conditional use may be combined.

Public Hearings.

The following procedures shall govern public hearings for purposes of considering applications as specified in this Section.

Presiding officer. The public hearing shall be conducted by the presiding officer.

Requirements for speakers. Persons wishing to speak in support (including the applicants and designated representative) or opposition to any application shall provide their name and address on the specified form to City staff prior to speaking at the public hearing. In addition, each person shall be required to disclose any campaign contributions/gifts equal to or greater than $250 given to any City elected official within two (2) years of the public hearing date.

Time limits. Speakers at the public hearing shall be allowed not less than ten (10) minutes per side, provided, however, that the presiding officer may at his or her discretion elect to extend this time period equally to proponents and opponents.

Planning Commission.

The Director or his or her designee shall submit each proposed CLUP amendment to the Planning Commission, together with the staff recommendation.

The Planning Commission shall review and take action upon each CLUP amendment after holding a public hearing.

The Planning Commission by majority of those voting may recommend approval or denial, or make any other recommendation it deems appropriate.

The recommendation of the Planning Commission and that of the Director, together with the minutes of the Planning Commission hearing at which the CLUP amendment is reviewed, shall be submitted to the City Council. If the Planning Commission does not act upon the CLUP amendment at its public hearing, the amendment shall process forward to the City Council without a recommendation from the Planning Commission. No member of the Planning Commission shall rule on a matter in which he or she has a financial interest, directly or indirectly.

City Council.

The Director or his or her designee shall present each proposed CLUP amendment to the City Council, together with the staff recommendation. The Director or his or her designee shall also present the recommendation of the Planning Commission if it differs from the staff recommendation.

Following the public hearing, action may be taken by the City Council by majority of those voting approving or rejecting the proposal, or allowing withdrawal if so requested by the applicant (with or without prejudice), or the City Council may table the proposal for consideration at its next regular meeting, or the City Council may refer the matter back to the Planning Commission for further consideration.

Referral to Planning Commission for Further Consideration.

The Director shall conduct such further studies as appropriate and shall present any CLUP amendment to the Planning Commission that has been heard by the City Council and referred back to it for further consideration. Public notice of the Planning Commission and City Council's hearings shall be given in the same manner as prescribed herein, and the Planning Commission shall conduct its public hearing and take action as described above.

After the Planning Commission's rehearing and action on the referred application, the City Council shall hold a public hearing on the CLUP amendment, following the same procedures set forth for its hearings, above.

(Ord. No. 859, § 1(Exh. A), 6-26-2023; Ord. No. 881, § 3 (Exh. C), 1-6-2025)

4.1.3 Standards for CLUP amendment approval.

The Planning Commission and the city council shall consider the following in evaluating a CLUP amendment, giving due weight or priority to those factors particularly appropriate to the circumstances of the application:

The extent to which a change in the economy, land use or development opportunities of the area has occurred.

The extent to which the proposed designation is in compliance with the goals and policies of the Plan.

The extent to which the proposed designation would require changes in the provision of public facilities and services.

The extent to which the proposed designation would impact the public health, safety, and welfare.

The extent to which additional land area is needed to be developed for a specific type of use.

The extent to which area demographics or projections are not occurring as projected.

4.1.4 Withdrawal and deferral.

Any applicant wishing to withdraw a proposed CLUP amendment shall file a written request for withdrawal with the Director.

If the request for withdrawal is received prior to the publication of notice for the public hearing, the CLUP amendment shall be withdrawn administratively by the Director without prejudice or restriction on the refiling of a proposed CLUP amendment on the property.

Should any request for withdrawal be made by the applicant at the City Council's public hearing, the CLUP amendment shall remain on the public hearing agenda and the withdrawal request shall be considered for approval or denial, with or without prejudice, by the City Council.

Any applicant wishing to defer a proposed CLUP amendment shall file a written request for a deferral with the Director.

A written request may be received by the Director up to three times for any CLUP application. The first two deferral requests may be granted by the Director. A third deferral request requires Planning Commission or City Council approval.

Each written request for deferral shall be accompanied by non-refundable re-advertising fee as fixed from time to time by the Community Development Department.

(Ord. No. 718, § 19, 12-14-2015; Ord. No. 881, § 3 (Exh. C), 1-6-2025)

4.1.5 State of Georgia oversight.

Applications. A proposed CLUP amendment shall be submitted by the applicant to the Atlanta Regional Commission as a Comprehensive Plan Amendment prior to submission of the application to the City if the proposed CLUP Amendment qualifies as a Development of Regional Impact as described under section 4.2 Rezoning and Conditional Uses.

Major Amendments. If the city Council, at their public hearing, determines that the CLUP amendment is a "major amendment" under the State guidelines in that it is justified only because the conditions or policies underlying the Comprehensive Land Use Plan have changed significantly so as to alter the basic tenets of the Plan, then no action shall be taken on the amendment until the review process mandated by the State's Minimum standards and Procedures for local Comprehensive Planning shall have been completed.

4.1.6 Effect.

Approval of a CLUP amendment shall be in full force and effect upon its approval or upon the stated effective date thereof.

SECTION 4.2 - REZONING, TEXT AMENDMENTS AND CONDITIONAL USES

The Official Zoning Map may be amended from time to time and conditional uses may be approved for specific properties by the City Council under the procedures hereinafter specified. In addition, changes in the conditions of approval may also be approved by the City Council following the procedures in this section. All of these types of actions shall be referred to as "zoning changes", along with the following: 1. Adoption of the zoning ordinance or text amendments to the ordinance; 2. Rezoning of land; 3. The approval of a masterplan or an amendment to a masterplan.

4.2.1 Initiation.

An application for a zoning change may be initiated by the City Council, the Planning Commission, the Director, or by any person who owns property within the City. Unless initiated by the City Council, the Planning Commission or the Director, all such applications shall be initiated by the owner of a majority interest in the property affected.

All applications shall be submitted to the Director within filing deadlines and on application forms adopted from time to time by the Community Development Department. The application forms and filing deadlines on a public hearing scheduled shall be published and made available to the public. All applications shall be accompanied by a non-refundable fee as fixed from time to time by the Community Development Department. A fee shall not be charged if the City or Planning Commission initiates an application.

An application for a zoning change affecting the same property shall not be considered by the City Council more often than once every 12 months; provided, however, that the City Council may approve a reduction in the waiting period to no less than six (6) months.

No application shall be accepted or reviewed for completeness pertaining to a property on which delinquent taxes, assessments, fees, fines, or is otherwise indebted to the City until the taxes, assessments, debts, or property that is not in compliance with applicable City codes and ordinances shall be accepted or reviewed for completeness until the property is brought into compliance, or until an arrangement satisfactory to the Director has been made for bringing the property into compliance.

It shall be the Applicant's responsibility to provide evidence or proof that (i) all taxes and fees have been paid, or that other arrangements have been made for payment of said taxes, fees, etc. and/or (ii) the property has been brought into compliance or that arrangements have been made to bring the property into compliance.

(Ord. No. 720, § 3, 2-22-2016; Ord. No. 825, § 1, 4-19-2021)

4.2.2 Public hearing process.

Before taking final action on a proposed zoning change, the Planning Commission and the City Council each shall hold a public hearing on the proposal. The Director shall publish a schedule of the public hearing dates on an annual basis, along with the application filing deadlines.

Notification to the General Public.

A zoning change initiated by a party other than the City Council or the Planning Commission shall be heard at a public hearing only upon:

The notice, in addition to the requirements above, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property or the conditional use requested; and

Notice to Surrounding Property Owners. If the proposed zoning change affects only one (1) property, notice shall also be given to surrounding property owners as follows:

At least ten (10) days prior to the first public hearing at which a zoning change will be considered, the Director shall cause a notice to be mailed to all persons owning record title to property located within 500 feet of the property that is the subject matter of the zoning change.

Citizen Participation. The applicant shall be required to complete a Citizen's Participation Plan which includes notification to property owners.

Prior to the Public Hearing, the Applicant shall cause a notice to be mailed to:

(1)

All persons or property owner's associations owning record title to the property located within 500 feet of the property that is the subject matter of amendment.

The notice shall state the time, place and purpose of the Public Hearing as well as a summary of applicant's request. The written notice shall be mailed to the last known address of the property owners as such addresses appear on the Fulton County ad valorem tax records.

At the time of Public Hearing Application Submittal, the applicant shall provide the following information in the Citizen Participation Form - Part A:

(1)

Method by which these individuals will be contacted.

(2)

Method by which these individuals will have the opportunity to respond or contact the applicant with questions or concerns about the proposal.

Prior to the scheduled Public Hearing The applicant shall provide to the Director in the Citizen Participation B Report:

(1)

A Sample of any and all written communications used to provide notification. Failure to do so may result in cancellation of the scheduled hearing.

(2)

A list of people who have been notified of this application and provided information describing the subject proposal. ALL adjoining property owners MUST be notified.

Public Hearings.

The following procedures shall govern public hearings for purposes of considering applications as specified in this Section.

Presiding officer. The public hearing shall be conducted by the presiding officer.

Associated Applications for CLUP Amendments or Variances. If an application for a zoning change is associated with a proposed Comprehensive Land Use Plan amendment or exception variance, the public notice for the zoning change may be combined with the public notice required for the associated applications. Any notice for an associated variance shall not be required to comply with the timing requirements set forth in Section 4.5.2, and shall instead be required to comply with the requirements of subsection (A) above.

The Director shall submit each application to the Planning Commission, together with a report of the Director's findings and a recommendation. The Planning Commission shall review and take action upon each application after holding a public hearing. In making a recommendation on each application, the Planning Commission shall follow the standards set forth under this Section. The recommendation of the Planning Commission and that of the Director, together with the minutes of the Planning Commission hearing at which the application is reviewed, shall be submitted to the City Council. If the Planning Commission does not act upon an application, the Director may take it to the City Council without a recommendation from the Planning Commission. No member of the Planning Commission shall rule on a matter in which he or she has a financial interest.

(Ord. No. 687, § 1, 3-17-2014; Ord. No. 710, § 1, 8-10-2015; Ord. No. 720, § 4, 2-22-2016; Ord. No. 859, § 1(Exh. A), 6-26-2023; Ord. No. 881, § 3 (Exh. C), 1-6-2025)

4.2.3 Standards for zoning changes.

Zoning Map Amendments (Rezoning).

In order to be approved, a rezoning must be in conformity with the designation for the property on the Future Land Use Map contained in the Comprehensive Plan, as most recently amended.

The Planning Commission and the City Council shall consider the following standards in considering a rezoning application, giving due weight or priority to those factors particularly appropriate to the circumstances of each application:

Whether the zoning proposal will permit a use that is suitable in view of the zoning, use and development of adjacent and nearby property.

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.

Whether the zoning proposal will adversely affect the natural environment.

Whether there are substantial reasons why the property cannot or should not be used as currently zoned.

Whether the zoning proposal will result in a use that will or could cause an excessive or burdensome use of public facilities or services, including, but not limited to, existing streets and transportation facilities, schools, water or sewer utilities, and police or fire protection.

Whether the zoning proposal is supported by new or changing conditions not anticipated or reflected in the existing zoning on the property.

Whether the zoning proposal reflects a reasonable balance between the promotion of the public health, safety, morality or general welfare against the right to unrestricted use of property.

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning.

The extent to which the zoning proposal is consistent with the Comprehensive Plan.

Conditional Use Standards. A conditional use otherwise permitted within a zoning district shall be considered to be compatible with other uses permitted in the district, provided that due consideration is given to the following objective criteria at a public hearing and satisfactory provisions or arrangements are made for:

Access into and out of the property with regard to traffic and pedestrian safety, volume of traffic flow, and emergency vehicles, as well as the type of street providing access;

The extent to which refuse areas, loading and service areas, off street parking, and buffers and screening are provided on the property;

Ensuring that the conditional use will not be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity or diminish and impair property values within the surrounding neighborhood;

Ensuring that the conditional use will not increase local or state expenditures in relation to the cost of servicing or maintaining neighboring properties;

Ensuring that the conditional use will not impede the normal and orderly development of surrounding property for uses predominant in the area; and

Ensuring that the location and character of the conditional use is considered to be consistent with a desirable pattern of development for the city, in general.

Ensuring that the conditional use is appropriately separated from similar uses and conflicting uses, such as residences, government buildings, parks, churches or schools.

Planning Commission Recommendation.

The Director or his or her designee shall submit each application to the Planning Commission, together with the staff recommendation.

The Planning Commission shall review and take action on each application after holding a public hearing.

The Planning Commission by majority of those voting may recommend approval, approval with conditions, or denial, or may request that the City Council refer the application back to the Planning Commission for further study or make any other recommendation it deems appropriate.

The recommendation of the Planning Commission and that of the staff, together with the minutes of the Planning Commission public hearing at which the application is reviewed, shall be submitted to the City Council. If the Planning Commission does not act upon the application at its public hearing, the amendment shall process forward to the City Council without a recommendation from the Planning Commission.

City Council.

The Director or his or her designee shall present each application to the City Council, together with the staff recommendation. The Director or his or her designee shall also present the recommendation of the Planning Commission if it differs from the staff recommendation.

Following the public hearing, action may be taken by the City Council by majority of those voting approving, approving with conditions, or rejecting the proposal, or allowing withdrawal if so requested by the applicant (with or without prejudice), or the City Council may table the proposal for consideration at its next regular meeting, or the City Council may refer the matter back to the Planning Commission for further consideration.

If the application for a zoning change is associated with a proposed amendment to the Comprehensive Land Use Plan or an application for an exception variance, the City Council shall first take action on the CLUP amendment.

If the CLUP amendment is denied, the zoning change may not be approved unless conformity to the purpose and intent of the CLUP and the land use designation of the Future Land Use Plan Map is achieved.

If the CLUP amendment is approved, action may then be considered on the proposed zoning change.

If the zoning change is denied, the exception/variance may not be approved.

If the zoning change is approved, with or without conditions, action may then be considered on the proposed exception/variance.

Referral to Planning Commission for Further Consideration.

The Director shall conduct such further studies as appropriate and shall present any application to the Planning Commission that has been heard by the City Council and referred back to it for further consideration. Public notice of the Planning Commission and City Council's hearing and take action as described above.

After the Planning Commission's rehearing and action on the referred application, the City Council shall hold a public hearing on the application, following the same procedures set forth for its hearings, above.

Change in Conditions of Approval. Any application that proposes a change in the conditions of approval previously established by the City Council through action on a zoning change shall be reviewed in light of the standards set forth in this section for a map amendment or conditional use, as appropriate.

(Ord. No. 807, § 3(Exh. C), 9-8-2020; Ord. No. 859, § 1(Exh. A), 6-26-2023)

4.2.4 Withdrawal and deferral.

Any applicant wishing to withdraw a proposed zoning change shall file a written request for withdrawal with the Director.

If the request for withdrawal is received prior to the publication of notice for the public hearings, the application shall be withdrawn administratively on the refilling of a proposed zoning change on the property.

Should any request for withdrawal be made by the applicant at the City Council's public hearing, the application shall remain on the public hearing agenda and the withdrawal request shall be considered for approval or denial, with or without prejudice, by the City Council.

Any applicant wishing to defer a proposed zoning change shall file a written request for deferral with the Director.

A written request may be received by the Director up to three times for any zoning application. The first two deferral requests may be granted by the Director. A third deferral request requires Planning Commission or City Council approval.

Each written request for deferral shall be accompanied by non-refundable re-advertising fee as fixed from time to time by the Community Development Department.

(Ord. No. 718, § 19, 12-14-2015; Ord. No. 881, § 3 (Exh. C), 1-6-2025)

4.2.5 Developments of regional impact.

Any application that would result in a zoning change that meets or exceeds the development of regional impact thresholds listed in the Rules of Georgia Department of Community Affairs Chapter 110-12-7 Developments of Regional Impact: Alternative Requirements — Atlanta Regional Commission.

Any Development of Regional Impact or demand on infrastructure shall be submitted by the applicant to the Atlanta Regional Commission prior to a zoning change or CLUP amendment submission of the application to the City.

The City Council shall not take final action to approve a Development of Regional Impact or demand on infrastructure until a report shall have been received from the Atlanta Regional Commission reflecting its findings and recommendations, if any, or if said report is not received within 60 days of its submittal to the Atlanta Regional Commission.

(Ord. No. 881, § 3 (Exh. C), 1-6-2025)

4.2.6 Effect.

Approval of a zoning change on a property shall be in full force and effect upon its approval or upon the state effective thereof.

For a property on which a use, building, structures, or other improvements existed in conformity with this Ordinance prior to the effective date of a zoning change affecting property, any such use, building, structures, or other improvements no longer in conformance shall be governed under the provisions for Nonconformities in this ordinance.

Any use, building, structures, or other improvements for which a building permit has been issued in conformity with this Ordinance prior to the effective date of a zoning change affecting the property may continue to completion as though no change had occurred and, upon completion, shall be governed under the provisions for nonconformities in this Ordinance.

SECTION 4.3 - CONCEPT PLANS

The Concept Plan shall be required for all rezoning applications. The Concept Plan is a generalized map or plan presenting an image of a proposed development, including the entire land area to be rezoned or proposed as a single interrelated development activity. The Concept Plan shall include the entire property. Properties which adjoin the subject property and which are under the same ownership or control as the subject property shall be so indicated.

4.3.1 Requirements.

Properties of 50 acres, or less, show:

The major traffic and pedestrian circulation systems.

The generalized land use areas and acreage showing, if appropriate:

The development density;

The number of residential units by housing type;

The nonresidential floor area by use category.

Floodplain.

Wetlands.

Buffer and open space.

Recreation areas.

Street layout and lot pattern.

Pedestrian or bikeway system.

Conceptual layout of proposed buildings and other major structures, parking areas and driveway entrances.

10.

Nonresidential density, number of units, and floor area.

11.

Tree Survey and Tree Assessment, as directed by the City Arborist.

Properties of 50 acres or more, show:

The major traffic and pedestrian circulation system.

The generalized land use areas and acreage showing, if appropriate:

The development density.

The number of residential units by housing type.

The nonresidential floor area by use category.

Floodplain.

Wetlands.

Buffer and open space.

Recreation areas.

Tree Survey and Tree Assessment, as directed by the City Arborist.

(Ord. No. 718, § 20, 12-14-2015)

SECTION 4.4 - DEVELOPMENT PERMITTING AND CONSTRUCTION

No development activity shall commence or proceed except in accordance with the provisions of this Ordinance.

4.4.1 Plan approval.

Any person seeking development activity on land within the City shall first submit to the Director such plans, plats, or construction drawings as may be required by this Ordinance and approved by the Director prior to the initiation of development activities. Approval of plans by City or its authorized agents shall not imply nor transfer acceptance of responsibility for the application of the principles of engineering, architecture, landscape architecture, or any other profession, from the professional corporation or individual under whose hand or supervision the plans were prepared and sealed.

No land disturbance permit shall be interpreted to relieve any owner of the responsibility of maintaining full compliance with all codes, ordinances, and other regulations of the City. Any land disturbance permit issued in error or in contradiction to the provisions of this Ordinance shall be considered to have been null and void upon its issuance.

4.4.2 Preliminary development approval.

Pre-Application Review. Any person seeking development activity approval is encouraged to schedule a Pre-Application Review with the Community Development Department Staff.

The review would include preliminary documents and graphic exhibits of the proposed development activity application.

The purpose of the review is to expedite applications and reduce application design and development costs.

Preliminary Plat, (Applies to Residential and Non-Residential Subdivisions which are not included as a part of an approved master plan).

Procedure for approval:

Application for preliminary plat approval shall be submitted to the Community Development Department. The application shall include:

(1)

The application in the form furnished by the Community Development Department.

(2)

Two (2) copies of the preliminary plat showing the entire ownership drawn to the preliminary subdivision plat specifications of this Ordinance.

(3)

Payment of all preliminary plat application and review fees.

The application forms, fees, and filing deadlines shall be published and made available to the public. The Community Development Department shall review the application for completeness. Incomplete applications will be returned to the owner.

Ten (10) days following the application deadline, the Community Development Department shall indicate on a preliminary subdivision plat or in a written memorandum all comments related to compliance with this Ordinance and conditions of zoning approval. Subject to any action of the City Council, the Director shall have sole authority to determine the applicability of any provisions of this Ordinance.

The owner shall be responsible for all of the comments of the Community Development Department prior to the resubmission of the revised preliminary plat application.

The revised preliminary plat shall be submitted to the Community Development Department.

The Community Development Department may not approve any preliminary plat whereon is shown a lot that would present particularly unusual difficulties for construction, including a building that would clearly require a variance to be reasonably usable whether due to the presence of floodplain, unusual configuration, zoning compliance, lack of public utilities, or for any other reason.

The owner shall be responsible for compliance with all codes, regulations, and zoning requirements, and for the satisfaction of all the noted and written comments of the Community Development Department.

When the Community Development Department has determined that the preliminary plat is in compliance with this Ordinance and any conditions of zoning the Director shall sign and date a copy of the plat.

The preliminary plat approval shall remain in effect for a period of one (1) year, after which time it shall become null and void and a new review may be required if no permit has been issued and development activity begun.

Standards for Approval. The Preliminary Plat shall be clear and legible at a scale of not greater than one hundred (100) feet to one (1) inch. The recommended maximum dimensions of the sheet size is 24 inches by 36 inches and the minimum dimensions of 17 inches by 22 inches; however, the Director may approve other sheet sizes and scales as appropriate.

The proposed name of the subdivision and proposed street names shall not duplicate or too closely approximate, phonetically, the name of any other subdivision or street in the City of Fulton County. If shown to the contrary, the Director may refuse to accept such subdivision and street names. The subdivision may use letter designations in place of street names on the Preliminary Plat.

Names having historic significance to the City by virtue of their association to events, individuals, local industries, or natural features should be used to the greatest extent possible.

Preliminary Plat shall include:

Proposed project name.

Project design and layout including total acreage, proposed use, proposed number of lots, minimum lot size, proposed density and other relevant zoning conditions and regulations in tabular form.

Evidence of preliminary subdivision plat approval. Each preliminary subdivision plat shall carry the following certificates printed or stamped on the plat:

Approval from the Fulton County Development Services Department for appropriate utilities.

Preliminary Surveyor's Certificate.

I hereby certify that this proposed preliminary plat correctly represents data compiled or verified through a survey completed by me on _______, 19___, of property shown and described hereon.

By: ___________

Registered Land Surveyor's No. ___________

Date: ___________

Preliminary subdivision plat approval.

All requirements of the Alpharetta Unified Development Regulations relative to the preparation and submittal of a preliminary plat having been fulfilled, approval of this plat is hereby granted, subject to further provisions of said Ordinance.

Community Development Department

Date: ___________

This preliminary plat approval shall expire twelve (12) months from the date of approval provided a Land Disturbance Permit is not issued.

(Ord. No. 718, §§ 21, 22, 12-14-2015)

4.4.3 Land disturbance permit.

Development Activities Authorized. Persons seeking to perform development activity on land within the City shall not commence or proceed until civil construction drawings are submitted and approved in accordance with this Ordinance.

A Land Disturbance Permit shall be issued to authorize all activities associated with development activity, including, but not limited to, clearing and grubbing, grading, and the construction of such improvements as streets, surface parking areas and drives, sewer systems, domestic water systems, storm water drainage facilities, sidewalks, or other structures permanently placed on or in the property except for buildings or other structures requiring the issuance of a building permit. Utility projects which are reviewed and approved by other agencies, such as Fulton County, must obtain a Land Disturbance Permit from the City of Alpharetta.

Process for Approval. The Community Development Department shall be responsible for the coordination and approval of all land disturbance permit applications. For subdivisions, application for the issuance of a land disturbance permit may proceed after approval of the preliminary plat.

Application for a land disturbance permit shall be made to the Community Development Department. The application shall include:

Application in the form furnished by the Community Development Department, requesting review for issuance of a land disturbance permit.

City checklists with sheet number and/or note number annotated next to each checklist item.

Civil design and construction drawings prepared in conformance with the specifications in this Ordinance.

Payment of permit application and review fee.

The application forms, fees, and schedule for application processing shall be revised from time-to-time by the Director.

The owner may be required to secure development approval from Fulton County, the State of Georgia, and Federal Review Agencies. Development approval may be required from, but not limited to:

Fulton County Development Services Department;

Fulton County Health Department;

U.S. Army Corps of Engineers;

U.S. Environmental Protection Agency;

Georgia Department of Natural Resources.

Complete applications received by the application deadline shall be distributed to the City Engineering Department, City Fire Marshall, City Arborist, City Public Works Department, and other City departments deemed appropriate by the Director for review.

Ten (10) days following the application deadline, the Community Development Department shall indicate in a written memorandum all comments related to compliance of the civil construction drawings with this Ordinance, conditions of zoning approval, and the regulations of other departments and state agencies, as appropriate. The Director shall forward to the owner's representative all review comments.

The owner shall be responsible for compliance with all codes, regulations, and zoning requirements, and for the satisfaction of all of the comments of the Community Development Department. The owner's representative shall review the comments with the appropriate department. Once each department is satisfied that the civil design and construction drawings are in compliance with this Ordinance, each department will sign and date the route sheet, and the approved plans.

The owner shall pay the development fee (Land Disturbance Permit Fee), and provide the required performance bonds prior to plan approval. The required performance bonds Include the Erosion Control Bond, the Tree Bond and the Existing Roads Improvement Bond.

The Erosion Control Bond shall be calculated at $3,000.00 per disturbed acre.

The Tree Bond shall be calculated at $500.00 per tree for every required tree planting within a 25′ interior radius of the site perimeter.

The Existing Roads Improvement Bond is calculated at 100% of the cost of any improvements to existing roads.

The amounts of the aforementioned Land Disturbance Permit Fee and performance bonds are determined by the Director of the Community Development Department and may be revised from time to time at his or her discretion.

The release of any performance bond is contingent upon the performance of bonded work and the completion of a satisfactory inspection of said work by the Community Development Department. Should the ownership of any bonded work be altered during the duration of any bond, it shall be the responsibility of the owner specified in the original bond paperwork to ensure that proper sureties be continued irrespective of original ownership.

The applicant for land disturbance permit must complete the City's "Fundamentals of Erosion and Sedimentation Control" course prior to receiving a permit. The onsite superintendent of the job must possess a valid certificate of course completion. City of Alpharetta erosion control officers may request the onsite superintendent show the course verification card at any time deemed necessary. If the superintendent does not possess a valid certificate of completion, a Stop Work Order will be issued until an onsite superintendent attends the course.

Any person who receives an erosion control violation will be required to attend the "Fundamentals of Erosion and Sedimentation Control" course for a second time. If after completing the course, the person receives another violation, no further land disturbance permits will be issued. The person may appeal by requesting to be placed on the City of Alpharetta Council agenda and appear before City of Alpharetta Council at the regular scheduled meeting to request additional permits.

10.

Following the approval by all appropriate City Departments, the Director shall issue a soil erosion control and sedimentation permit authorizing the placement of erosion control and tree protection devices based on the approved civil design and construction drawings.

11.

The owner shall request a site soil erosion control inspection from the Engineering Department. Upon site approval, the Land Disturbance Permit will be issued.

Expiration of Land Disturbance Permit.

If the development activity described in any land disturbance permit has not substantially begun within 12 months from the date of the construction plans approval said permit shall expire and be null and void. One 12-month extension may be granted with a written request to the Director, prior to the permit expiration date.

If for any reason a land disturbance permit expires after development activities have commenced, the owner shall be responsible for stabilizing the site for erosion control, under the direction of the City Engineer.

Any land disturbance permit that has expired may be required, by the Director, to apply for a new land disturbance permit as outlined in the land disturbance permit approval process of this Ordinance.

(Ord. No. 681, § 1, 10-7-2013; Ord. No. 718, § 23, 12-14-2015; Ord. No. 881, § 3 (Exh. C), 1-6-2025)

4.4.4 Required drawings.

The site construction plans shall be clear and legible; and shall include but not be limited to the following:

Site Plan.

Grading Plan.

Erosion and Sedimentation Control Plan.

Storm Water Management Plan.

Street Improvement Plan and Profile.

Landscape/Tree Removal Plan.

Tree Survey Plan and Inventory.

Domestic Water Plan.

Floodplain Management Plan.

Standard Drawings and Construction Specifications.

4.4.5 Building permit.

Plan Approval. Any owner, authorized agent, or prime contractor who desires to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, plumbing, low voltage, energy conservation, or fire protection system, the installation of which is regulated by this Code, including the Georgia State Minimum Standard Codes, or to cause any such work to be done, shall first make application to the Building Division and obtain a permit for the work being done.

Exception No. 1: Permits shall not be required for the following mechanical work:

Any portable-heating appliances, ventilation equipment, cooling units, or evaporative coolers.

Any steam, hot, chilled water piping within heating and cooling equipment regulated by this Code.

Replacement of any part which does not alter its approval or make it unsafe.

Any self-contained refrigeration system containing 10 lb. or less of refrigerant and actuated by motors of one horsepower or less.

Exception No. 2:

Retaining walls which do not exceed 4 feet in vertical height, as measured from the low side exposed toe of the wall to the top of the wall at any point.

Residential storage buildings less than 100 square feet in floor area without electrical, mechanical, or plumbing systems.

Play or tree houses less than 50 square feet in floor area without electrical, mechanical, or plumbing systems.

Fences which do not exceed 10 feet in vertical height and which do not extend into front yards or side yards which border onto public streets.

Basketball goals which are stand-alone and not part of a basketball court.

Driveways and parking areas for one and two family dwellings or townhouses, except that no curb cuts leading into a public right-of-way shall be made without City Engineering Department written approval on any property.

Roof covering replacements not involving any structure modifications.

Decorative water features not intended for human use containing water less than 24 inches in depth or which do not have water filtering equipment that require waste water disposal.

Although structures listed in Exception No. 2 are exempt from requiring a permit, listed structures shall meet the requirements of all other applicable codes, ordinances, and regulations governing same.

Ordinary minor repairs under $500.00 in total labor and materials cost may be made without a permit providing these minor repairs shall not violate any Code. Examples of minor repairs shall include but not be limited to: exterior painting, installation of a window, air conditioning unit, replacement of windows, and installation of gutters.

Building Permit Expiration. Plans and specifications for projects reviewed by the City Building and Fire Departments shall be permitted within six (6) months of the final review and approval date of such plans and specifications to be valid for obtaining a building permit or the project shall be deemed to have been abandoned.

Permits shall expire six (6) months from the date of issue if the permittee fails to request and pass a required first inspection, whether or not construction has been initiated.

Permits shall also expire if the permittee fails to request and pass a required inspection during any six (6) month period after any previous required inspection has been passed.

The Building Official is authorized to grant no more than two (2) permit extensions, not to exceed ninety (90) days each, during which time the permittee shall request and pass a required inspection. Requests for extension shall be made prior to permit expiration, shall be in writing, and shall show justifiable cause.

Procedure for Processing. The Director shall be responsible for administering and enforcing the City building codes, as well as coordinating building plan review with the City Fire Marshall.

Prior to issuance of a building permit, the owner shall have received tree protection and soil erosion, and sedimentation control approval as required in this Ordinance.

Application for a building permit shall be made to the Building Division. The application shall include:

Application in the form furnished by the Building Division requesting plan review for issuance of a building permit.

Land disturbance permit or recorded Final Plat.

One (1) set of the building plans (three [3] sets for non-residential projects) prepared in conformance with this Ordinance and the applicable City building codes.

Fulton County Development Services Department approval for on-site sewage disposal and pretreatment systems and, Fulton County Health Department for on-site food service.

City business license for all contractors and builders.

Payment of all building permit application and review fees.

Payment of all water and sewer permit fees.

Payment of all impact fees.

All applications for building permits shall be accompanied by a site plan drawn to scale (minimum 1″ = 30′), showing the actual dimensions of the lot to be built upon, the right-of-way of the existing street address, the dimensions of the building to be erected, the location of the building on the lot, the number of dwelling units the building is designed to accommodate (if for a residential structure), the building setback lines, lot and block number the location of all easements, buffers, floodplains, retaining walls and other such information as may be essential for determining whether the provisions of all City Ordinances are being observed.

Residential Building Plan Requirements: Refer to the Residential Permitting Procedures.

Commercial Building Plan Requirements: Refer to the Commercial Permitting Procedures.

For any structure served by an on-site sewage disposal system, a permit issued by the Fulton County Development Services Department shall be required prior to the issuance of a building permit.

Plan Review. Each project shall include a Plan Review Submittal form, as furnished by the Department. Applicants are required to supply all information requested on this form in order to have their plans logged into the City review system.

If plans are such that no comment is required, they shall be stamped "Approved as Submitted". If plans are such that only minor "red line" comment is required, they shall be stamped "Approved as Noted" by both the City Building Official and the Fire Marshall, and the designated contact will be notified that the plans are ready for permit issue. It shall be the responsibility of the owner's designated contact person to notify all parties concerned of the plan review comments and to coordinate all responses regarding resubmission of corrected plans for final plan review.

After permitting, one set of plans with the original City signature approvals shall be placed on the job site and shall remain there throughout construction for inspector's reference during scheduled inspections.

Industrialized Buildings, as defined in O.C.G.A. 110-2, includes such buildings as site construction offices, real estate sales offices, temporary classrooms, and other such similar structures designed for habitable use on a site, usually for a limited time period. Such buildings shall be hereinafter referred to as "portables", whether or not installed on a temporary or permanent foundation or for temporary or permanent use.

Tool and storage trailers that are properly and currently licensed and apportioned for over-the-road use by Georgia and other states PSC/DOT authority, are not considered as portables for applicability of site or building plans required.

Two (2) sets of dimensioned site plans, drawn to a legible scale, and two (2) legible copies of the portable manufacturer's approved foundation installation plan and floor plan for the portable to be installed are required to be submitted to the City Building Division for building and zoning compliance review and permit issue prior to moving any portable on site.

After City review, one site and foundation/floor plan set will be retained by the City for record and one set will be returned to the applicant and must be placed on site and in an accessible location for required inspections prior to use. Site plans shall be drawn to scale and shall show at least the location of the property lines, setback lines, street rights-of-way, easements, buffers existing and proposed site structures, location and size of the portable, and existing and proposed drive entrances and paved areas.

All portables, or tool or storage trailers, and their appurtenances shall be located as follows:

All sites—Portables shall not be located on any public or private street that may be used or openly accessed by the public.

Commercial/Industrial Sites—Portables or trailers located on commercial or industrial sites shall be located behind setback lines and within buildable areas, outside buffers or easements, and at least twenty feet (20′) behind any right of way.

Residential Site Construction Offices—Portables located on residential lots and used for construction offices or storage of construction materials shall maintain a minimum ten foot (10′) setback from property lines, except on corner lots where a minimum twenty foot (20′) setback shall be maintained, and shall be located outside any buffer or easement, and at least twenty feet (20′) behind any right of way line at road intersections.

Residential Site Sales Offices—Portables located on residential lots and used for real estate sales offices or other approved uses not directly related to construction shall be located within building setback lines and within buildable areas, outside buffers or easements, and at least twenty feet (20′) within any right of way line at road intersections.

Temporary installation foundation plans shall show the location and size of the support piers and the location and required restraint ratings of the tie-downs.

Portables installed on permanent foundations shall have a site specific foundation plan designed for a portable and sealed by a Georgia registered architect or engineer. The manufacturer's drawings and specifications are acceptable provided that the necessary information is included.

Contractor Licenses. It shall be the duty of every individual or firm doing electrical, gas, mechanical, plumbing, low voltage, utility or fire protection work either as prime, contractor, or subcontractor under contract with a prime contractor, builder, or other contractor, or land or home owner to have a proper City issued subcontractor permit for such work prior to commencing work.

All prime contractors, builders, or other contractors shall furnish written proof of his business license registration including number; expiration date, business street address, name of the owner or responsible party, and a business telephone contact number. Business license registration numbers shall be affixed to the building permit application by the applicant.

The subcontractor shall provide proof of a current business license registration. A current Georgia contractor's license, as issued by the Georgia State Construction Industry Licensing Board, for his respective trade. Both license numbers shall be affixed to the subcontractor permit application by the applicant.

All work performed by a land or home owner or his hired workmen shall meet the provisions of this Code.

A home owner, when building or performing work for his/her own personal one and two family dwelling will not be required to have a business license in order to obtain a City building permit.

Requirements not Covered by Code. Any requirement necessary for the strength, stability, fire protection, or proper operation of an existing or proposed building, structure, or electrical, gas, mechanical, plumbing, energy conservation, or fire protection system, or for property protection, or life safety, health, or welfare, not specifically covered by this Code shall be determined by the Building Official and the Fire Marshall.

Temporary Toilet Facilities.

Construction sites within the City shall be provided with temporary nonsewered toilet facilities for worker use during construction and shall remain in place until permanent access to toilets are provided onsite.

For residential 'For-Sale' dwellings, construction sites, one (1) nonsewered toilet shall be provided for up to four (4) work sites, provided all work sites being served are within two hundred feet (200′) walking distance of the unit.

For commercial sites, and 'For-Rent' dwellings sites, the developer or prime contractor must obtain a Non-Sewered Toilet System (NSTS) permit from the Fulton County Health Department stipulating the minimum number of units required on the project.

Inspections will not be made without the required temporary nonsewered or permanent toilets being in place, as required.

The developer or prime contractor of a permitted construction site shall be responsible for providing and maintaining required temporary toilet facilities throughout the duration of construction.

Structural Fill and Backfill.

Materials used for structural fill under and directly adjacent to buildings, drives, and walks and for backfill behind foundation and retaining walls shall be unfrozen unsaturated natural soils, clean and free of organic matter, silt, large rocks or stones, or foreign matter and debris. Material used may be coarse gravel, crushed natural stone, or sand free of silt, loam, or soluble materials, or any combination of the above.

Structural fills and backfills shall not be placed on subgrades that contain frost, mud, or are frozen.

In lieu of specific written direction and supervision by a Georgia licensed architect or engineer, fills shall be placed and compacted in loose layers of 6″—12″ thickness and shall be compacted using sheepsfoot rollers, pneumatic tire rollers, tamper rollers, vibrating tampers, or other compaction equipment suitable to obtain the required density throughout the entire layer being compacted.

Fills and backfills shall be installed systemically and as early as possible to allow for natural settlement and shall not place over wet, spongy, or porous subgrade materials.

Backfill shall be placed against supported foundation walls or backfill shall be placed simultaneously on each side of unsupported walls, until supports are in place.

The top or bottom of any cut or fill slope in excess of one foot vertical rise or fall to three foot of horizontal run (1:3) shall not be located any closer than two feet (2′) horizontal measure from the edge of drives, walks, paved areas, or retaining walls top or toe of wall.

The two foot (2′) area adjacent to drives, walks, paved areas, tops or toes of retaining walls shall be graded at a (+/-) 2% slope (1/4″/ft.) and where feasible shall slope away from paved surfaces and walls.

Site Retaining Walls.

Site retaining walls, whether attached or detached from buildings or not, which are over four feet (4′) in height at any point along the wall, as measured from the exposed low side toe of the wall to the top of the wall, shall be constructed to City Standard Drawings, City approved Manufactured Systems Drawings, or must be professionally engineered by a Georgia licensed architect or engineer.

Retaining walls shall also show planned top of wall heights, as measured above, plus reasonable points of top of wall elevation changes.

Site Wall Safety Barriers.

Any portions of site retaining walls over six feet (6′) in height must be provided with a continuous safety barrier mounted at or immediately adjacent to the top of the wall at reasonably accessible areas.

Safety barriers shall be of substantial construction for the intended prevention of access, must be at least three feet (3′) in height, as measured from grade at the base of the barrier to the top of the barrier; and may be man-made or vegetative in nature.

When vegetative barriers are used, they shall be of substantial maturity and density, at the time of Final Building Inspection, to prevent reasonable access to the top of the wall.

Site retaining wall construction and safety barrier plan submittals shall include dimensioned drawings, with sufficient clarity, detail, and written explanatory notes to describe the nature of work to be done.

Recreational Fire Pits.

Definition. A pit dug and/or constructed into or on the ground in which a contained outdoor fire is made.

Fire pits shall have a diameter of no greater than three feet (3') or a burn area of no greater than seven (7) square feet. Fire pits must be at least twenty-five feet (25') from all structures and twenty-five feet (25') from property lines.

Standards for Approval.

Building permits shall only be issued on buildable lots of record, as defined in this Ordinance.

City Building Codes:

The Code of The City of Alpharetta, Georgia.

Chapter 1 for Administration of Building and Technical Codes per Georgia State Minimum Codes.

Georgia State Minimum Standard Building Code.

Georgia State Minimum Standard One and Two-Family Dwelling Code.

Georgia State Minimum Standard Electrical Code.

Georgia State Minimum Standard Plumbing Code.

Georgia State Minimum Standard Mechanical Code.

Georgia State Minimum Standard Gas Code.

Life Safety Code, NFPA 101, latest adopted issue.

Georgia State Minimum Standard Fire Prevention Code.

Georgia State Energy Code for Buildings.

Georgia State Accessibility Code and O.C.G.A. 30-3.

Georgia State Minimum Standard Swimming Pool Code.

Standard Existing Building Code.

Standard Unsafe Building Abatement Code.

Standard Amusement Device Code.

(Ord. No. 720, § 5, 2-22-2016; Ord. No. 769, § 3, 11-12-2018; Ord. No. 881, § 3 (Exh. C), 1-6-2025)

4.4.6 Inspections and development activity completion.

Development Activity. Following the issuance of the Soil and Erosion and Sedimentation Control Permit.

Required erosion and sedimentation control measures must be installed where practical by the owner and inspected and approved by the City Engineer. Areas required to be undisturbed by this Ordinance, conditions of zoning approval, or other ordinance or regulation shall be designated by an active tree protection fence or other appropriate markings and shall be inspected and approved by the City Engineer prior to the commencement of any clearing or grading activities. Additional sediment control measures will be installed if measures shown on plans do not provide sufficient erosion and sediment control.

Development Activity Inspections. Requests for inspection shall be made by the owner's representative to the City Engineer at least 24 hours prior to commencement of development activity for each of the following phases as authorized by the land disturbance permit. Inspections shall be made and passed prior to continuation of further activity or proceeding into new phases. The phase inspections are as follows:

Erosion Control—Installation of erosion and sediment control and tree protection devices.

Clearing and Grading—Installation of slope stakes shall be required. Upon completion of street grading, inspection, and approval shall be required prior to trenching or continuation with subgrade preparation.

Installation of storm drainage pipe, detention, or other storm water facilities.

Installation of on-site sewerage system or sanitary sewer and appurtenances. This notification shall be made simultaneously with official notification by the developer or contractor to the Fulton County Public Works Department and/or Fulton County Health Department, and, if for informational purposes only, to the City Engineer.

Street Curbing and Gutter—Inspection should be requested before and after the forms or string-line have been set. Street width and vertical and horizontal alignment will be spot-checked.

Sub-Base or Sub-Grade of Streets—After compaction, the sub-grade will be string-lined for depth and crown. The sub-grade shall be roll tested and shall pass, with no movement, to the satisfaction of the City Engineer.

Street Base—The base will be string-lined for depth and crown and shall pass a roll test with no movement to the satisfaction of the City Engineer.

Paving—The City Engineer shall be on site during the paving process to check consistency, depth, and workmanship, as applicable. For asphalt paving, the temperature of the material will be monitored and the street will be cored after completion to check thickness.

Building Inspections. Inspections shall be scheduled with the Building Inspection Division. Requests for inspection shall include the street address, building permit number, and type of inspection. The building permit must be displayed on site and legible from the public street at all times.

Posting of Permit. Work requiring a permit shall not be started until the permittee or his agent, posts the building permit yard card in a conspicuous place at the front of the site where the permitted work is to be done. Cards shall be accessible and readable from the public right-of-way and located in such a position so as to permit City and other governing agency officials to conveniently view and make any required entries thereon.

The permit holder is responsible for maintaining the permit yard card and all damaged, lost, or stolen permit yard cards must be replaced by the permittee before further inspections may be made.

Permit yard cards shall be maintained in position until all required final inspections have been approved and signed off on the yard card and the building, structure or system is ready for occupancy and use.

Site Inspection Preparation. No Inspections will be made by City building or fire inspectors on any construction site not having an accessible building permit yard card displayed and "effective" soil erosion control measures in place, per City Engineering Department requirements.

Site silt fences, gravel construction entrances, and other City Engineering Department required erosion control measures shall be constantly maintained in good condition that effectively contains all site erosion within the site limits and out of waterways, streets and paved walkways.

Required inspections will not be performed when the site is in need of erosion control repair and violates City soils erosion control laws. Inspectors will leave a Notice of Violation on the permit yard card for the permittee to contact the City Engineering Department for their inspection and direction for repair.

It is the responsibility of the permittee to obtain written erosion control violation release from the City Engineering Department. No further building inspections will be performed on the site without this written release.

Inspections Not Required. The City does not normally provide inspection of certain residential construction applications, such as foundation walls with less than eight feet (8′) of unbalanced fill, damp-proofing, foundation wall draintile, backfill, exterior wall insulation, and roof covering.

Builders are charged by building code law and the conditions of permit with a responsibility of installing these components to code compliance.

If code violations are detected in any application not normally inspected by City officials or other governing authorities, the permittee shall immediately correct the violations noted and all corrections shall be inspected and approved by City building, fire, or other authorized inspectors prior to proceeding with any other construction.

No waiver letters, statements from builders, owners, architects, or professional engineers, nor "hold harmless" agreements or other similar warrants or releases shall be accepted by the City in lieu of required code violation corrections and full code compliance.

No further inspections will be made, nor shall any Certificate of Occupancy be issued for any work until any noted code violations are corrected and found to be in codes compliance by City officials.

Required Building Inspections. The Building Official, upon notification from the permittee, shall make the following building inspections and such other inspections as necessary to ascertain codes compliance and shall either release that portion of the construction found to be in compliance by signature at the appropriate section on the permit yard card or shall notify the permittee of any violations which must be corrected in order to comply with this Code, by issuing a Notice of Violation to the permittee.

FOOTING: To be made after trenches are excavated and cleaned; forms erected and supported; required reinforcing is properly secured in place and supported; and before any concrete is placed.

SLAB-PREP: To be made after footings have been placed (if applicable); underground Mechanical, Electrical, and Plumbing (MEP) systems have been City inspected, approved, and properly backfilled; under-pin areas are excavated and clean; forms are erected and supported; required reinforcing is in place and supported; rock base is in place at below grade slabs; vapor barrier is in place; and before any concrete is placed.

FOUNDATION (When required): To be made after required wall reinforcement is in place and at least one side of concrete retaining wall forms are secured in place, wall cavities are cleaned, and second side forms are ready to be placed, or placed and safe access to form tops for inspection is provided, plan listed weep holes and piping sleeves are in place, and before any concrete is placed.

In the case of masonry walls—Block is erected and required wall reinforcing is in place and safe access is provided to wall top for cavity inspection, plan listed weep holes and piping sleeves are in place, and prior to any wall cavity grouting or fill.

In the case of wood foundation or other wood site walls—Timbers are in place and properly spiked together, tee style or other professionally designed style dead heads are in place and properly spiked together, weep holes and filtration cloth is in place, and before backfill is placed.

At all commercial or industrial sites or at a one or two family residential site builder's request, a second inspection of the building foundation walls, by City inspectors shall be required to verify proper placement of wall water proofing measures.

WALL/CEILING COVER (Commercial Only): To be made after the roof or other effective overhead weather seal is complete; all framing, bracing, fire and draft stops and blocking are effectively in place; exterior walls and gabled ends are sheathed and doors and windows are installed to effectively weather protect the structure interior; mechanical, electrical, and plumbing rough-ins at the area to be inspected are complete and under required tests; fabricated fireplaces or other fuel burning appliances are installed with flues and vents stubbed clear to the next level or area to be inspected or through the roof and weather capped; and before any wall or ceiling cover has been placed, except that walls may be one side covered so as to not restrict safe and readily accessible full wall cavity view for inspection.

FRAMING (Residential Only): To be made after roof is complete; all framing, bracing, fire stops and blocking are effectively in place; exterior walls and gabled ends are sheathed and doors and windows are installed to effectively weather protect a structure interior; mechanical, electrical, and plumbing rough-ins are complete and under required tests; pre-fabricated fireplace or other fuel burning appliances are installed with chimneys, flues, and vents through the roof and weather capped; or dedicated masonry fireplace openings are structurally independent and temporarily provide weather protection to interior spaces until masonry is completed; and before any insulation or wall or ceiling cover has been placed.

GEORGIA ENERGY CODE (GEC) COMPLIANCE: To be made at various stages of construction, by direct reference to the GEC Compliance Report submitted at initial permit issue, as follows:

(1)

Residential Construction—Exterior wall cavity insulation and sloped, vaulted, or flat ceiling or floor closed cavity insulation may be inspected after the Framing inspection and before any wall or ceiling cover is placed at these concealed areas. Exposed and visible insulation at attics, accessible concealed spaces, unheated crawl spaces, and basements will be inspected as part of the Final building inspection.

(2)

All Other Construction—Interior and exterior wall and ceiling insulation, as listed on the building plans, may be inspected as part of the Wall/Ceiling Cover inspection provided that all wall or ceiling structural and MEP components may be viewed and properly inspected and verified from either or both sides of the wall or ceiling assembly, in the opinion of the inspector. If wall or ceiling construction cannot be properly inspected with the plan required insulation in place during the Wall/Ceiling Cover inspection, a separate insulation inspection shall be performed prior to covering these areas. Exposed and visible insulation at attics, accessible concealed spaces, unheated crawl spaces, and basements will be inspected as part of the Final building inspection. General Energy Code Compliance Certificates and must be on file at the City Building Department, prior to issue of a Certificate of Occupancy.

BUILDING FINAL: To be made after a building or structure is complete and ready for safe occupancy and use. Building, mechanical, electrical, and plumbing finals shall be made at the same time. Prior to requesting a building final inspection a permittee shall assure that all inspections and written approvals required prior to final inspections are signed off on the permit yard card.

All site work, walks, drives, paved areas, striping, handicap access routes, signage, landscaping, and other appurtenances or protectants listed on the plans for commercial work or as required by this Code or other laws for residential work, are completed, final inspected, and signed off on the permit yard card by the various other governing authorities listed and checked on the permit yard card and as required by State or County regulations.

Mechanical, General. The Building Official, upon notification from the permittee, shall make the following mechanical systems inspections and such other inspections as necessary and shall either release that portion of the construction by signature at the appropriate section on the permit yard card, or shall notify the permit holder, of any violations which must be corrected in order to comply with this Code, by issuing a Notice of Violation to the permittee.

SLAB PREP: To be made after trenches or ditches are excavated, underground ducting, conduits and sleeves are installed and ready for test and before any backfill is put in place.

WALL/CEILING COVER (Commercial Only): To be made with the wall/ceiling cover building inspection and after all mechanical equipment, ducting, duct insulation, piping, piping insulation, fire stops and fire dampers are installed, control wiring, or other concealed mechanical system components in the area to be inspected are in place, complete, supported properly, required pressure tests are applied, flues and vents are stubbed clear to the next level or area to be inspected or through the roof and weather capped; and before any wall/ceiling covers are installed.

Large or multiple floor buildings over 15,000 sq. ft. in total area may be inspected in stages and partially approved for the continuation of construction at the Building official's discretion.

ROUGH-IN (Residential Only): To be made with the framing inspection and after all mechanical equipment, ducting, duct insulation, piping, piping insulation, fire stops, control wiring, or other concealed mechanical system components are in place, completed, supported properly, required pressure tests are applied, and flues and vents are stubbed through the roof and weather capped; and before any wall or ceiling covers are installed.

GAS LINE: (To be made at various stages of construction, as follows)

(1)

Residential, Rough Piping Inspection: To be made with the framing inspection and shall include all system piping from the point of delivery (gas meter) to within six feet (6′) of and in the same room as all outlets or appliances that may be connected. A gas piping pressure test is required for this inspection.

(2)

Commercial, Rough Piping Inspection: To be made with the wall/ceiling cover inspection and shall include all system piping from the point of delivery (gas meter) to within six feet (6′) of and in the same room as all outlets or appliances that may be connected in the area to be inspected and shall include piping run stubouts to the next area to be inspected. A gas piping pressure test is required for this inspection.

METERS: To be made after rough piping inspection and before the final inspection; when all mechanical equipment and other gas fired appliances and equipment and controls are in place and ready for safe test operation; venting, vent connectors, and flues are installed into final position and supported; piping runs are complete to the final appliance connector or union connection at the appliance or equipment; all gas shut off valves are in place and in the "off" or closed position, with appliances or equipment disconnected; and the gas piping system is ready for public utility connection and testing. A gas piping pressure test is required for this inspection. The sole purpose of this Meters inspection is to allow the installer to check installed mechanical systems and equipment for proper and safe operation, prior to Final inspection. Public utility connection shall not be made to the permitted work until this inspection has been approved.

FINAL: To be made with the building final inspection and after public utilities have been connected and all conditioned air systems and gas fired appliances are in full operation; all controls, compressors, condensate drains, insulation, ties and supports, and other system designed components are in place and final connected, all final trim and required labeling is in place, filters or other air purifying components are cleaned and in place, and all systems have been tested and balanced and the installation is ready for its intended use.

Electrical, General. The Building Official, upon notification from the permittee, shall make the following electrical systems inspections and such other inspections as necessary and shall either release that portion of the construction by signature at the appropriate section on the permit yard card, or shall notify the permit holder, of any violations which must be corrected in order to comply with this Code, by issuing a Notice of Violation to the permittee.

TEMPORARY POLE: To be made after a minimum 4 × 4 size temporary electrical power pole has been set into the ground with a minimum two feet (2′) buried and the pole firmly supported.

An eight foot (8′) minimum length grounding electrode (rod) is required to be installed, with an unspliced grounding electrode conductor connected and sized per Code requirements, and a listed weather-proof enclosure shall be connected and firmly attached to the pole.

The City requires at least one (1) 115V/20A weather-proof duplex service outlet with GFCI protection and at least one (1) 230V/20A service outlet to be installed at the pole.

At least one (1) temporary power pole shall be installed at each permitted construction site for use during construction, unless approved by the Building official. No temporary power shall be used for more than one permitted site.

SLAB PREP: To be made after trenches or ditches are excavated, underground conduits, sleeves, or other devices are installed and before any backfill is put in place.

WALL/CEILING COVER (Commercial Only): To be made with the wall/ceiling cover building inspection of the area to be inspected and after all services and branch circuit distribution wiring that service the area to be inspected is in place, boxes are secured, required conduit serving the area to be inspected and conduit passing through that area to other areas to be inspected at a later date is in place and fastened properly, wiring is protected from physical damage, panel boards and switching gear servicing the area are set and secured to the structure with service and distribution wiring stubbed into their approved enclosures, disconnects are in place and secured, bonding and grounding rough wiring is stubbed out near its termination point, and before any wall or ceiling cover is installed.

Large or multiple floor buildings over 15,000 sq. ft. in total area may be inspected in stages and partially approved for the continuation of construction at the Building Official's discretion.

ROUGH-IN (Residential Only): To be made with the building framing rough-in inspection and after all service cable, branch circuit distribution wiring, and low voltage wiring to be concealed is in place and stubbed into panel boxes set and secured to the structure; outlet, junction, and fixture boxes are in place and secured; required conduit is in place and fastened properly; wiring is protected from physical damage; and before any wall or ceiling cover is installed.

In situations where a dwelling unit's exterior siding or finish veneer has not been installed, cables, feeders, and fixture wiring to be concealed shall be stubbed close or into exterior wall cavities closest to the point of final connection and coiled into place. Wall or ceiling cavities containing stubbed cables or wiring shall not be covered until inspection of terminal runs has been approved.

METERS: To be made after framing and all wall and ceiling coverings are in place and before final inspection; when all electrical service and control equipment is set, wired, fused, bonded and grounded, required disconnects are connected, all outlet devices and switch controls are connected, lighting fixtures, appliances, and equipment are set or boxed out and ready for safe operation, and the electrical system is ready for connection to public utilities.

The sole purpose of this Meters inspection is to allow the installer to check out all installed electrical systems and equipment for proper and safe operation, per its listing. Public utility connection shall not be made to permit work until this inspection has been approved.

LOW VOLTAGE: To be made with the wall/ceiling cover or rough-in inspection, as applicable to type of construction, where low voltage wiring systems are to be concealed; or with the meters inspection, where low voltage wiring systems are to be surface mounted.

Where concealed, inspection shall include review of distribution wiring/cable types and rating, boxes and connections, wiring protection from physical damage, grounding and bonding, disconnects, control panel cabinets or enclosures, and other system components.

Where surface mounted, inspection shall include review of raceway types and mounting, wire fills to manufacturer's specifications, connection points (must be open to view, except that plug-in types shall be connected), grounding and bonding, disconnects, outlets and plugs, control panel cabinets or enclosures, and other system components.

POOL BOND: To be made when all metallic parts of a pool structure, including the metal reinforcing of the pool shell and decking; forming shells and mounting brackets of no-niche fixtures; metal fittings within or attached to a pool structure; metal parts of pool equipment to include pumps, motors, covers, and other features; cables, raceways, and piping within five feet of the inside edge of the pool or within twelve feet above the pool maximum water level; are connected together with approved pressure connectors into a common bonding grid with a minimum #8 solid copper conductor, bare or insulated, and the system is ready to be concealed. Dependent upon site conditions, this inspection may have to be done in several separate trips to be completed and shall be at the inspector's discretion.

IRRIGATION: To be made when all irrigation system wiring and conduit is in place; control panels, transformers, and their enclosures are mounted; junction boxes and splice points are open to view, high voltage power wiring is in place and GFCI protected, and the system is ready for safe operation.

GFCI protection for irrigation system wiring and controls is mandatory and may be provided by direct plug and cord connection from the transformer primary to a GFCI protected wall outlet or hard wired from the primary to a disconnect that is protected by a GFCI breaker located at the electrical panel.

FINAL: To be made with the building final inspection, after all public utilities have been connected and all installed electrical systems are in full operation; all equipment, motors, appliances, fixtures, controls, guards, and other related systems have been labeled, tested, and balanced and the completed electrical installation is ready for its intended use.

Plumbing, General. The Building Official, upon notification from the permittee, shall make the following plumbing systems inspections and such other inspections as necessary and shall either release that portion of the construction by signature at the appropriate section on the permit yard card, or shall notify the permit holder, of any violations which must be corrected in order to comply with this Code, by issuing a Notice of Violation to the permittee.

SLAB PREP: To be made after trenches or ditches are excavated and all under slab drainage and water service and distribution piping and sleeves and protectants are installed and under required tests and before any backfill is placed.

SEWER TAP: To be made any time during construction, but before requesting final building inspection. This inspection is an open trench inspection of the exterior sewer piping from the building or structure foundation edge, to and including connection to the public or site sewer. Sewer piping shall be inspected for proper bedding, fall, materials, fittings, cleanout positions, and connection to the public or site sewer.

WALL/CEILING COVER (Commercial Only): To be made with the building wall/ceiling cover inspection and after all drainage, waste, vent, and water service and distribution piping is in place at the area to be inspected and stubouts are installed to the next area to be inspected, all piping and fixture roughs are properly fastened into place and protected from physical damage. All concealed fixture connections shall be made, rated assemblies installed and fire safe, concealed piping insulation installed, rough trim boxes, enclosures, access panels or vaults are secured in place, boots and flashings are installed, required pressure tests are applied, and before any wall or ceiling cover is installed.

ROUGH-IN (Residential Only): To be made with the framing rough-in inspection and after all drainage, waste, vent, and water service and distribution piping is in place and fastened and protected against physical damage. All concealed fixture connections shall be made, concealed piping insulation installed, rough trim boxes, enclosures, access panels/vaults secured in place, boots and flashings installed, required air or water pressure tests are applied and ready for inspection, and before any wall or ceiling cover is installed.

BACK FLOW: To be made prior to or with the final building inspection and shall include inspection of all water and irrigation systems requiring backflow prevention measures.

FINAL: To be made with the building final inspection, after all public utilities have been connected and all plumbing fixtures are properly set, trapped and connected to the drainage system, properly valved, protected against back siphonage, and connected to the potable water system. All water heating and other plumbing devices and appliances must be connected, valved, vented, pressure protected, secured in place, insulated and sealed, cleaned and tested for proper operation, and the completed plumbing system installation is ready for its intended safe use.

Responsibility for Quality and Design. The completion of inspections by the City and authorization for work continuation shall not transfer responsibility for the quality of the work performed or materials used from the owner, nor imply or transfer acceptance of responsibility for project design or engineering from the professional corporation or individual under whose hand or supervision the plans were prepared.

Stop Work Orders: Work which is not authorized by an approved permit, or which is not in conformance to the approved plans for the development activity project, or which is not in compliance with the provisions of this Ordinance or any other adopted code, regulation, or ordinance of the City, shall be subject to immediate stop work order by the Director, Building Official or City Engineer.

Tree Removal Compliance Inspection.

Following the issuance of a land disturbance permit for the development activity, the Arborist shall, from time-to-time, inspect the property for the purpose of certifying compliance with the requirements of the permit. In the event of non-compliance, the Arborist shall issue a stop work order. No Certificate of Occupancy shall be issued until actual compliance is obtained.

If any required tree removal conditions have not been met within the time specified in the permit and provided the Director has not granted a written extension, the City may use the cash or bond proceeds to insure that these conditions are met.

After development activity is concluded, the Arborist shall continue to make random inspections to insure that required trees are maintained. Replacement shall be required or bond/letter of credit posted within thirty (30) days of notice by the Arborist should any of these trees die, be removed, or be destroyed within two (2) years after completion of development.

Floodplain.

Properties containing or adjacent to the established Areas of Special Flood Hazard and Areas of Future-conditions Flood Hazard shall provide an elevation certificate or floodproofing certification using the FEMA floodproofing certificate along with the design and operation/maintenance plan to the Building Official after the lowest floor is completed, after placement of the horizontal structural members of the lowest floor upon placement of the lowest floor, or floodproofing by whatever construction means, whichever is applicable in accordance with Article III Section 3.4.5.B

Said certification shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same in accordance with Article III Section 3.4.5.B. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The Director shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.

As-Built Drawings. Upon completion of the development activity as authorized by the land disturbance permit and prior to final inspection of public and private improvements, the owner shall submit to the City Engineer for review and approval a complete set of record drawings showing "as-built" conditions prepared by land surveyor registered in the State of Georgia. These drawings shall show actual location, true vertical and horizontal alignment, and finished elevations of:

Drainage System.

Detention Volume Certification.

Sanitary Sewer System (approved by Fulton County if served by Fulton County).

Public Water System (approved by Fulton County if served by Fulton County).

Final Subdivision Plat.

Process for Approval—Prior to the application for final subdivision plat approval; all storm water drainage and detention facilities, water and sewer utilities, street base, sidewalks, and curbing construction required for approval of the Final Subdivision Plat shall have been properly installed and completed in accordance with this Ordinance.

The Community Development Department shall be responsible for the coordination and approval of all final subdivision plats.

Application for a final subdivision plat approval shall be made to the Community Development Department. The application shall include:

(1)

Application in the form furnished by the Community Development Department requesting final subdivision plat review.

(2)

Two (2) copies of final subdivision plat prepared in conformance with the specifications in this Ordinance.

(3)

One copy of as-built drawings pursuant to the requirements of this Ordinance, sealed by a land surveyor registered in the State of Georgia, for projects served by City water supply.

(4)

Payment of all final subdivision plat application and review fees.

Ten (10) days following the application deadline, the Community Development Department shall indicate in a written memorandum all comments related to compliance with this Ordinance and conditions of zoning approval.

The owner shall be responsible for all of the plan review comments prior to the resubmission of the revised final subdivision plat. All revisions to previous submittals shall be noted in the revision block and dated.

Proof of payment for streetlights shall be provided to the City Engineer, prior to his approval of the final subdivision plat. At a minimum, this proof shall be in the form of a letter from the approved utility provider.

Payment for materials and installation of traffic control devices shall be made to the City Engineer in accordance with the traffic engineering requirements in this Ordinance. Payment of the cost of street striping or required signalization, if required and not completed by the owner, shall also be received by the City Engineer prior to approval of the final subdivision plat.

Provide one set water and sewer as-built with proof of approval by Fulton County Development Services Department, prior to approval by the Public Works Department.

The Community Development Department shall not sign the final subdivision plat until all requirements of this Ordinance and other applicable regulations have been met. The final subdivision plat shall be accompanied by a bond, letter of credit, or other acceptable surety providing for the maintenance of all installations and improvement required by this Ordinance in the subdivision for a period of twelve (12) months following the date of final approval of the public improvements. The maintenance period may be extended by the Director at the request of the owner, provided it is in the best interest of the City.

Once the Director has approved the final subdivision plat and all other affected departments and agencies of government as required have certified compliance, the Community Development Department shall certify by signature on the original of the final subdivision plat that all of the requirements of this Ordinance, and the conditions of zoning approval have been met, and that all other affected departments have approved the plat. The final subdivision plat shall not be deemed approved until the CERTIFICATE OF FINAL PLAT APPROVAL has been signed by the Community Development Department, City Engineer and the Fulton County Health Department.

The owner shall be responsible for recording the approved final plat at Fulton County; and shall provide to the Community Development Department a reproducible Mylar copy showing the stamp of the Fulton County Court Clerk, and two (2) full size copies.

(1)

Standards for Approval—The Final Subdivision Plat shall be clear and legible at a minimum scale of 100 feet to the inch. The Director may approve other scales as appropriate. The maximum sheet size shall not exceed 42″ × 30″. The maximum size acceptable for recording is 17″ × 22″, or as required by the Fulton County Superior Court Clerk. If the complete plat cannot be shown on one sheet, then said final subdivision plat shall be shown on several sheets with an index map indicated on each sheet. The minimum sheet size shall not be less than 17″ × 22″. All letters, numbers and other information shall be legible on the recorded copy. There shall be sufficient space available for the certificates as required. Graphic standards shall comply with the Georgia Plat Act.

The final subdivision plat shall conform substantially to the preliminary subdivision plat and it shall constitute only that portion of the approved preliminary subdivision plat which the owner proposes to record and develop at any one time, provided that such portion conforms to the requirements of this Ordinance. Any substantial deviation from the Preliminary Plat shall require revision and approval of the Preliminary Plat.

The final subdivision plat shall contain the following information:

(a)

Name of the subdivision, unit number and street names.

(b)

Name, address, and phone number of owner of record.

(c)

Name, address and phone number of each professional firm associated with a portion of the final plat (engineers, surveyors, etc.).

(d)

Site acreage.

(e)

Site zoning, case numbers, zoning conditions and date of approval for any applicable rezoning, master plan, variance, or special use permit affecting this site.

(f)

Date the final subdivision plat drawing, graphic scale, north point, notation as to the reference or bearings to magnetic, true north, or grid north, and indication whether bearings shown are calculated from angles turned.

(g)

Land District, Land Section, and Land Lot.

(h)

Name of the former subdivision, if any, or all the entire final subdivision plat if it has been previously subdivided.

(i)

Location map.

(j)

Courses and distances to the nearest Fulton County GIS monument.

(k)

Boundary lines of the property, to be indicated by a heavy line, giving distances to the nearest one hundredth (1/100) foot and bearing to the nearest second, which shall be balanced and closed with an error of closure not to exceed one (1) to ten thousand (10,000). The error of closure shall be stated.

(l)

City and Fulton County political boundary lines accurately tied to the lines of the property by distance and angles when such lines traverse the subdivision.

(m)

Locations, widths, and names of all streets and alleys within and immediately adjoining the final subdivision plat, address numbers, the location and widths of all public crosswalks, sidewalks, greenway trails and other public rights of way.

(n)

Street centerlines showing angles of deflection and standard curve data, radii, length of tangents and arcs, and degree of curvature with basis of curve data.

(o)

Lot lines with dimensions to the nearest one-tenth (1/10) foot, and bearing to the nearest second radii of rounded corners, as necessary to describe each lot.

(p)

Front and rear setback lines with dimensions.

(q)

Location of all buffers, landscape strips, greenway easements, and no access easements, etc., are required by this Ordinance.

(r)

When lots are located on a curve or when side lot lines are at angles other than ninety (90) degrees, the lot width at the building line shall be shown.

(s)

Lots or sites numbered in numerical order and blocks lettered alphabetically.

(t)

Location and size of all drainage structures, location, dimension and purpose of any easements, including slope easements, if required, public and private service utility right-of-way lines, fire hydrants and water mains.

(u)

Any areas to be reserved, donated, or dedicated to public use or sites for other than residential use with notes stating their purpose and limitations; and of any lands to be reserved by deed covenant for common uses of all property owners. Include statement that all common areas are to be maintained by the homeowners.

(v)

Statement "The City of Alpharetta does not enforce restrictive covenants."

(w)

Certificates and statements are shown below, as follows.

(x)

A statement that the private covenants are to be recorded separately and the following statement provided: "This final subdivision plat is subject to the covenants set forth in the separate document(s) attached hereto, dated _______, which hereby becomes a part of this final subdivision plat," recorded and signed by the owner.

(y)

Accurate location, material, and description of monuments and markers. Monuments to be placed prior to approval of the Final Plat.

(z)

Extent of the Areas of Special Flood Hazard and Areas of Future-conditions Flood Hazard and a flood plain chart showing the area within and outside the floodplain and a minimum allowable lowest finished floor elevation for a/each lot containing or adjacent to any portion of the Area of Special Flood Hazard and Area of Future-conditions Flood Hazard.

(aa)

The information required by the current Georgia Recording of Maps, Plats, etc., by Clerks of Superior Court Act must be shown.

(bb)

All other applicable notes and notations as may be required by the Director.

(2)

Certificate of Final Subdivision Plat Approval—Each final subdivision plat shall carry the following certificates printed or stamped on the plat.

(a)

Approval from the Fulton County Health Department.

(b)

Surveyor's Certificate.

It is hereby certified that this plat is true and correct and was prepared from an actual survey of the property by me or under my supervision; that all monuments shown thereon actually exist or are marked as "future" and will be placed during construction of the improvements shown on this plat; and their location, size, type, and material are correctly shown.

By: ___________

Registered Georgia Land Surveyor Survey No. _______

Date: ___________

(c)

Owner's Certificate of Dedication and Acknowledgement:

(STATE OF GEORGIA)

(COUNTY OF FULTON)

The owner of record of the land shown on this plat and whose name is subscribed thereto, in person, or through a duly authorized agent, hereby acknowledges that this final subdivision plat was made from an actual survey, dedicates to the City of Alpharetta the complete ownership, and use of all streets (_______ acres), public water facilities, storm drains, easements (_______ acres), greenway easements (_______ acres), and other public facilities and appurtenances thereon shown (_______ acres).

Subdivider: ___________

Date: ___________

Owner: ___________

Date: ___________

(d)

Certificate of Final Subdivision Plat Approval.

The Community Development Department of the City of Alpharetta, Georgia, certifies that this plat complies with all requirements of the Alpharetta Unified Development Regulations including the City of Alpharetta Zoning requirements.

__________________
Community Development Department

___________
Engineering Department

Final Development Activity Inspection and Approval.

Final Inspection by the City Engineer.

A final development inspection may be requested when all site work and/or public improvements have been accomplished according to the terms of the approved site construction drawings and with this Ordinance, codes, and regulations.

As-built drawings shall be approved, in accordance with the requirements of this Ordinance, prior to the performance of a final development inspection.

The owner shall be responsible for correcting any deficiencies identified in the final development inspection prior to issuance of a letter of Final Development Inspection Approval.

Maintenance Bond and Landscape Maintenance Bond.

Following issuance of Final Development Inspection Approval and prior to approval of the final subdivision plat or issuance of a certificate of occupancy, a maintenance bond and a landscape maintenance bond in a form acceptable to the Director is required. For the Maintenance Bond, the owner shall be responsible for maintenance/public improvements for one (1) year from the date of Final Development Inspection Approval, or longer if requested by the City Engineer. A performance bond may be required if deemed necessary by the City Engineer. For the Landscape Maintenance Bond, the owner shall be responsible for maintenance for eighteen (18) months from the date of Final Development Inspection Approval.

(1)

The value of the Maintenance Bond shall be determined by the Director based on the dollar value of the improvements and the requirements of the City.

(2)

The value of the Landscape Maintenance Bond shall be calculated by the property owner and shall be sufficient for the costs of labor, materials and maintenance for all landscaping improvements as set forth in the improvement plans.

Acceptance of Public Improvements.

Prior to expiration of the maintenance bond, a final inspection of the public improvements shall be conducted by the City Engineer.

The owner shall correct all defects or deficiencies in materials or workmanship.

The maintenance bond shall not be released until the City Engineer is satisfied that all public improvements are in conformance with the specifications of this Ordinance.

The City shall not accept the public improvements into perpetual maintenance until such time as said improvements are certified by the City Engineer as being in conformance with the specifications of this Ordinance.

Certificate of Occupancy. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy shall have been issued therefor by the Director, stating that the proposed use of the building or land conforms to the requirements of this Ordinance and other codes and ordinances adopted by the City.

A temporary Certificate of Occupancy may be issued for a period not to exceed six months during alterations or partial occupancy of a building or structure pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

A Certificate of Occupancy shall be required for any of the following:

Occupancy and use of building or structure constructed or enlarged.

Change in use of existing buildings to uses of a different classification.

(Ord. No. 681, § 1, 10-7-2013; Ord. No. 693, 9-2-2014; Ord. No. 718, §§ 21, 24, 12-14-2015)

4.4.7 Assignment of names and addresses.

Street and Development names.

Proposed street and development names must be reviewed and approved by the Community Development Department prior to issuance of the land disturbance permit. Any changes to existing names must also be approved by the Director of the Community Development Department. Street names may be reserved through approval as shown on the Preliminary Plat if so requested. Names may be chosen from a historic street name bank available upon request from Community Development.

Street names shall consist of a root name of the developer's choosing or from the historic street name bank, and a suffix designation. The following suffixes are acceptable: Street, Road, Avenue, Court, Place, Way, Trace, Terrace, Drive, Lane, Parkway, Trail, Close, Circle, Cove, Highway, Pass, Entry, Loop, and Boulevard.

The following affixes are acceptable for private drives: Close, cove, entry, lane, pass, place, terrace, trace and trail.

Directional prefixes (i.e., north, south) and the prefixes "old" or "new" shall not be used.

Except within the same development, no proposed street name shall duplicate (be spelled the same or be phonetically the same) as an existing street name within the City of Alpharetta or surrounding municipalities regardless of the use of such suffix designations as "Street," "Avenue," "Boulevard," "Drive," "Place," "Way," "Court," or however otherwise designated. In the same subdivision, a root name may not occur more than twice. No street names will be allowed which begin with "River," or "Peachtree".

All street root names and suffix designations are subject to approval of the Director. Unacceptable language, abbreviations, contractions or initials may not be used.

Root names shall consist of no more than 13 characters including space, hyphens, etc. Letters not occurring in the English alphabet, and numerals, shall not be used. Only suffixes will be abbreviated.

Street Address Assignments.

A street address number must be assigned prior to issuance of a building permit. For any new structure proposed in a property which has not been assigned an address, a street number will be assigned upon confirmation or establishment of the property as a buildable lot of record under the requirements of this Ordinance.

Subdivision house numbers will be assigned when the Final Plat is submitted for review and is approved for the property. Submit two (2) copies of the approved plat to the Department. (Legible reductions are acceptable.)

Non-residential Projects will be numbered after the issuance of the Land Disturbance Permit.

Residential and commercial properties will be addressed on the road that the building is facing, regardless of access. The property must have frontage on the street on which it is addressed.

Apartments and Condominium Projects will be numbered when a Land Disturbance Permit is issued. Apartment Projects example:

John Smith
2101 Cypress Court
Alpharetta, GA 30202

2101 is building two

2101 is first floor

2101 is unit one

Units with breezeways will have even numbered units on right and odd numbered unit on left. Each building is required to have a sign indicating the building number. Each breezeway is required to have a sign at the breezeway entrance indicating the unit numbers. The sign at the extreme left of the breezeway of building two (having a 3-story building with basement level) for example will read:

2001-2003
2101-2103
2201-2203

At the point where the main road splits, a permanent location sign is required to be posted as follows:

Buildings
5-8
⇐
9-15
⇒

The Certificate of Occupancy will not be issued without the above requirements being met and the street number clearly posted on the property.

(Ord. No. 681, § 1, 10-7-2013)

4.4.8 Surveying and mapping.

This section sets forth requirements for the City of Alpharetta mapping and surveying monuments as described:

The City of Alpharetta Mapping and Surveying Monuments System will coexist with the Official System of Mapping and Surveying Landmark Monuments of Fulton County and be an expansion thereof.

The term "monument" shall consist of one azimuth monument and one monument with established northing, easting and elevation based on The North American Datum of 1983 (NAD 83), strategically placed, being composed of concrete with a brass cap stamped with an identifying number furnished or approved by the City Engineer.

The City Engineer shall keep a current copy of the reference maps and tables. Such information shall be made available for purchase by the public.

All maps or construction plans must include coordinate references to the City of Alpharetta Surveying Monuments, prior to issuance of the Land Disturbance Permit.

If, in the opinion of the City Engineer, a monument which is part of the Official City of Alpharetta Surveying Monuments is endangered by the proposed land disturbance, the applicant/owner shall be notified and disturbance shall not be permitted until: The applicant/owner shall pay to the City a fee to replace said monument. This fee shall be based upon 105% of the monument replacement cost; to be negotiated by the City with a Registered Land Surveyor, qualified to set the monument to the City of Alpharetta Standards.

For any proposed development, the developer will set one new monument, two monuments for twenty acres and at least one additional monument for each additional ten acres or major fraction thereof. All control monuments shall be located and tied together by traverse, with a positional tolerance that meets the standards of Second Order, Class Two surveys.

The City Engineer shall have the authority to stop all land disturbance activity, until such time as proper fees have been paid to replace the damaged or disturbed monument.

All plats shall conform to the Georgia Code Section 15-6-67 and Chapter 180-7 of the rules of State Board of Registration for Professional Engineers and Land Surveyors.

Construction plans and as-built drawings shall be furnished as a digital file, as requested by City personnel.

Minor Subdivision Plat. (Replaces exemption plat)

The Community Development Department shall be responsible for the coordination and approval of all minor subdivision plats.

(1)

Application for a minor subdivision plat approval shall be made to the Community Development Department. The application shall include:

(a)

Application in the form furnished by the Community Development Department requesting minor subdivision plat review.

(b)

Two (2) copies of minor subdivision plat prepared in conformance with the specifications in this Ordinance.

(c)

Payment of minor subdivision plat review fees.

(2)

Ten (10) days following the application deadline, the Director shall indicate in a written memorandum all comments related to compliance with this Ordinance and conditions of zoning approval. Subject to any action of the City Council, the Director shall have sole authority to determine the applicability of any provisions of this Ordinance.

(3)

The owner shall be responsible for all of the plan review comments prior to the resubmission of the revised minor subdivision plat. All revisions to previous submittals shall be noted in the revision block and dated.

(4)

The Community Development Department shall not sign the minor subdivision plat until all requirements of this Ordinance and other applicable regulations have been met.

(5)

Once the Director has approved the minor subdivision plat and all other affected departments and agencies of government as required have certified compliance, the Community Development Department shall certify by signature on the original of the minor subdivision plat that all of the requirements of this Ordinance, and the conditions of zoning approval have been met, and that all other affected departments have approved the plat. The final subdivision plat shall not be deemed approved until the CERTIFICATE OF MINOR PLAT APPROVAL has been signed by the Community Development Department.

(6)

The owner shall be responsible for recording the approved plat at Fulton County; and shall provide two (2) full size copies showing the stamp of the Fulton County Court Clerk.

(7)

Standards for Approval—The Minor Subdivision Plat shall be clear and legible at a recommended scale of 100 feet to the inch. The Director may approve other scales as appropriate. The maximum sheet size shall not exceed 42″ × 30″. The maximum size acceptable for recording is 17″ × 22″, or as required by Fulton County. If the complete plat cannot be shown on one sheet, then said plat shall be shown on several sheets with an index map indicated on each sheet. The minimum sheet size shall not be less than 17″ × 22″. All letters, numbers and other information shall be legible on the recorded copy. There shall be sufficient space available for the certificates as required.

The minor subdivision plat shall contain the following information:

(a)

Name of the subdivision, unit number and street names.

(b)

Name and address and phone number of owner of record.

(c)

Name, address, and phone number of each professional firm associated with the portion of the final plat (engineers, surveyors, etc.).

(d)

Site acreage.

(e)

Zoning, case numbers with conditions, and date of approval for any applicable rezoning, master plan, variance, or special use permit affecting the site.

(f)

Date of drawing, graphic scale, north point, notation as to the reference or bearings to magnetic, true north, or grid north, and indication whether bearings shown are calculated from angles turned.

(g)

Land District, Land Section, and Land Lot.

(h)

Name of the former subdivision, if any, or of the entire plat if it has been previously subdivision.

(i)

Location map.

(j)

Courses and distances to the nearest Fulton County GIS monument.

(k)

(l)

City and Fulton County political boundary lines accurately tied to the lines of the property by distance and angles when such lines traverse the subdivision.

(m)

(n)

Lot lines with dimensions to the nearest one-tenth (1/10) foot, and bearing to the nearest second radii of rounded corners, as necessary to describe each lot.

(o)

Front and rear setback lines with dimensions.

(p)

Location of any buffer, landscape strip and greenway easements, no access easement, etc., are required by this Ordinance or the Zoning Regulations.

(q)

Lots or sites numbered in numerical order and blocks lettered alphabetically.

(r)

(s)

Accurate location, material, and description of monuments and markers. Monuments to be placed prior to approval of the Plat.

(t)

Extent of the Areas of Special Flood Hazard and Areas of Future-conditions Flood Hazard and a floodplain chart showing the area within and outside the floodplain and a minimum allowable lowest finished floor elevation for each lot containing or adjacent to any portion of the Area of Special Flood Hazard and Area of Future-conditions Flood Hazard.

(u)

The information required by the current Georgia Recording of Maps, Plats, etc., by Clerks of Superior Court.

(v)

All other applicable notes and notations as may be required by the Director.

(8)

Certificate of Minor Subdivision Plat Approval—Each minor subdivision plat shall carry the following certificates printed or stamped on the plat.

Surveyor's Certificate. It is hereby certified that this plat is true and correct and was prepared from an actual survey of the property by me or under my supervision; that all monuments shown thereon actually exist or are marked as "future" and will be placed during construction of the improvements shown on this plat; and their location, size, type and material are correctly shown.

By: ___________

Registered Georgia Land Surveyor Survey No. _______

Date: ___________

Owner's Certificate of Dedication and Acknowledgement:

(STATE OF GEORGIA)

(COUNTY OF FULTON)

The owner of record of the land shown on this plat and whose name is subscribed thereto, in person, or through a duly authorized agent, hereby acknowledges that this subdivision plat was made from an actual survey, and that there are no public dedications on this property.

Subdivider:
___________

Date:
___________

Owner:
___________

Date:
___________

Certificate of Minor Subdivision Plat Approval. The Community Development Department of the City of Alpharetta, Georgia, certifies that this plat complies with all requirements of the Alpharetta Unified Development Code including Zoning Requirements.

(Ord. No. 693, 9-2-2014; Ord. No. 718, §§ 21, 24, 12-14-2015)

4.4.9 Maintenance and performance securities.

Maintenance Securities. A maintenance bond, letter of credit, cash bond, or other equivalent form of security as approved by the City, shall be posted with the City by all developers where street or other improvements are made and offered to the City for acceptance and maintenance. The amount of this security will be calculated by the Community Development Department and shall be provided before the final plat can be recorded. Any bond, except cash bond, letter of credit or other equivalent form of approved security shall be on forms supplied or approved by the City and shall not be terminated or otherwise allowed to expire without at least thirty (30) days prior written notice to that effect to both the City and the subdivider or person. Separate bonds are required for each subdivision unit, phase or like entity. The developer shall maintain all improvements in the subdivision, to be dedicated to the City, for a minimum of one (1) year from the date of final plat recording. No dedication of improvements shall be accepted by the City until the expiration of one (1) year from such date and inspection from the public, action may be taken by the City Council by majority of those voting approving, approving with changes, or rejecting the proposal, or the City Council may table the proposal for consideration at its next regular meeting, or the City Council may refer the matter back to the Planning Commission for further consideration.

Referral to Planning Commission for Further Consideration. The Director shall conduct such further studies as appropriate and shall present any proposed text amendment to the Planning Commission that has been heard by the City Council and referred back to it for further consideration. Public notice of the Planning Commission and City Council's hearing shall be given in the same manner as prescribed herein, and the Planning Commission shall conduct its public hearing and take action as described above.

4.4.10 Third party inspections and plan review.

Definitions. For purposes of this third-party inspection and plan review ordinance, the following definitions shall apply unless the context clearly indicates otherwise:

Approved third party inspectors and plans reviewer list. A list maintained by the Community Development Department comprised of the names of approved third party inspectors and plans reviewers that have complied with the application and renewal requirements of the City of Alpharetta Third Party Inspection and Plans Review Program and have been approved to perform third party inspections and plans review pursuant to this article of the City of Alpharetta Unified Development Code.

Approved third party inspector. A registered professional engineer, registered professional architect, or qualified inspector that has complied with the application and renewal requirements of the City of Alpharetta Third Party Inspection and Plans Review Program and has been approved to perform third party inspections pursuant to this article of the City of Alpharetta Unified Development Code. An approved third-party inspector is intended to constitute a "private professional provider" for the purposes of performing inspections as described in the State Act.

Approved third party plans reviewer. A registered professional engineer, registered professional architect, or qualified inspector that has complied with the application and renewal requirements of the City of Alpharetta Third Party Inspection and Plans Review Program and has been approved to perform third party plans review pursuant to this article of the City of Alpharetta Unified Development Code. An approved third-party plans reviewer is intended to constitute a "private professional provider" for the purpose of reviewing building construction plans as described in the State Act.

Complete Application. For purposes of processing applications in compliance with the State Act, an application submitted to the City of Alpharetta shall not be considered complete until all applicable fees have been paid, and all applicable reviewing agencies have received the application and provided any required approvals. For each permit type, the Community Development Department shall establish and publish the requirements of a complete application.

Convenience fees. Fees established by the Community Development Department to be paid to the City upon the election by an applicant to use a third-party inspector or third-party plans reviewer or despite the Community Development Department otherwise being able to provide inspection and plan review services within the time frames required by the State Act. Such fees shall be the same as any regulatory fees assessed by the City of Alpharetta for inspections and plan review services performed by the Community Development Department.

Department. The City of Alpharetta Community Development Department, or such other department as may be assigned by the City of Alpharetta City Administrator or his representative the responsibility of performing inspections and overseeing the third-party inspection and plans review system described herein.

Inspection. The observance of work and the performance of test for certain components and elements to establish conformance with City of Alpharetta approved construction documents, building codes and ordinances adopted by City of Alpharetta, and the requirements of the state minimum standards as adopted and amended by the Georgia Department of Community Affairs.

Inspection certification. A written statement signed by an approved third party inspector or his/her approved technician, which shall indicate that the item(s) being inspected, in the approved third party inspector's professional opinion and to the best of their knowledge, complies with City of Alpharetta approved construction documents, building codes and ordinances adopted by the City of Alpharetta, the requirements of the state minimum standards as adopted and amended by the Georgia Department of Community Affairs, and any other applicable inspections that are typically performed by inspectors employed by the City of Alpharetta.

Inspection field report. A written report prepared by an approved third-party inspector or a technician working under the direct supervision of an approved third-party inspector describing the work conducted and findings of an inspection performed by an approved third-party inspector or a technician working under the direct supervision of an approved third-party inspector.

Plans review affidavit. A written affidavit on a form adopted by the Georgia Department of Community Affairs that is completed and signed under oath by an approved third party plans reviewer, which shall indicate the plans which have been reviewed for the purpose of a building permit for the application in question, in the approved third party plans reviewer's professional opinion and to the best of their knowledge, complies with the regulatory requirements as designated by City of Alpharetta, including the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes, applicable zoning ordinances and conditions, design standards, and any other applicable laws and regulations that would otherwise be required of staff employed by the City of Alpharetta Community Development Department.

Qualified inspector. A person who meets the definition of a qualified inspector as defined in O.C.G.A. § 8-2-26.1.

Registered professional architect. An individual that holds a certificate of registration issued under O.C.G.A. Title 43, Chapter 4.

Registered professional engineer. An individual that holds a certificate of registration issued under O.C.G.A. Title 43, Chapter 15.

Regulatory fees. All fees established by the City to be paid to the City for any regulatory action, inspection services, or plan review services as provided by the State Act and this article.

State act. O.C.G.A. § 8-2-26(g).

Technician. An individual that performs inspections under the direct supervision of an approved third-party inspector.

Third party inspection. Inspection performed in conformance with this program by approved third party inspectors.

Third party inspection and plans review program. The rules and procedures described in this third-party inspection and plans review ordinance.

Third party plans review. Building construction plans review performed in conformance with this program by approved third party plans reviewers.

Third Party Inspection and Plans Review Program.

The department will establish and maintain an approved third-party inspectors and plans reviewers list from whom the department will accept third party inspections and third-party plans reviews in accordance with this third-party inspection and plans review ordinance.

In full compliance with the requirements of the State Act, the City of Alpharetta shall allow owners, developers, and contractors to submit inspection certifications by approved third party inspectors and plans review affidavits by approved third party plans reviewers to satisfy certain inspection and plans review requirements.

The department will only consider inspection certifications and plans review affidavits from individuals listed on the approved third-party inspector and plans reviewer list. The City of Alpharetta makes no representation concerning the approved third-party inspectors and approved third party plans reviewers other than that they have submitted evidence showing that they have met the minimum criteria necessary to qualify for the third-party inspection and plans review program described herein.

In order for an inspection certification or plans review affidavit to be accepted by the department for a particular project, an approved third-party inspector or approved third party plans reviewer must be independent of and must not be an employee of or otherwise affiliated with or financially interested in the person, firm or corporation engaged in the construction project to be inspected.

The person, firm or corporation retaining an approved third party inspector or approved third party plans reviewer to conduct an inspection or plans review shall be required to pay to the City fifty percent (50%) of the regulatory fees and charges which would have been required had the inspection or plans review been conducted by a City inspector or City plan reviewer, irrespective of whether the City determines that the City could conduct a particular inspection or plans review in a time as determined by the State Act. Should the department determine that it can conduct a particular inspection, or plans review in a time as determined by the State Act, a convenience fee shall be paid to the City. Upon paying in full of the convenience fees associated with the complete application, the applicant may choose to retain, at its own expense, an approved third-party inspector or approved third party plans reviewer to provide the required inspection or plan review, subject to the requirements set forth in this Ordinance. Any regulatory fees or convenience fees paid to the City are nonrefundable.

All other fees and costs related to the performance of the third-party inspections, or third-party plans review are matters solely between the approved third-party inspector or approved third party plans reviewer and the person, firm, or corporation engaging the approved third-party inspector or approved third party plans reviewer.

Notwithstanding the submission of an inspection certification or plans review affidavit, the department retains the authority to make all code interpretations and to monitor the quality of all third-party inspections and third-party plans reviews and nothing in this article shall be construed as authorizing any approved third-party inspector or approved third party plans reviewer to issue a certificate of occupancy.

For purposes of processing applications in compliance with the State Act, an application submitted to the department shall not be considered complete until all applicable fees have been paid, and all applicable City departments have previously received the application and provided any required approvals.

Inspection Types.

The department will, at a minimum, accept third party inspections in compliance with the State Act for any construction inspections required by the City of Alpharetta Construction Code. A comprehensive list of the various inspection types, their allowed timing and other related details are established by department policy. This document is available from the department and is published on the City's website.

Approved third party inspectors shall be authorized to conduct any inspection required by the City necessary or required to determine compliance with all regulatory requirements and for the issuance of a building permit or certificate of occupancy, provided that the inspection being performed is within the scope of the approved third party inspector's area of competency; and further, that a qualified inspector acting as an approved third party inspector or as an approved third party plans reviewer shall only be empowered to perform a plan review or inspection within an area for which such qualified inspector has been issued a certification, license, or completion of training provided for in paragraph (2) of subsection (a) of O.C.G.A. § 8-2-26.1. However, nothing in this article shall be construed as authorizing third party inspections for compliance with state or local fire safety standards or erosion control standards.

Approved third party inspector requirements and qualifications.

Individuals wishing to be placed on the approved third-party inspectors and plans reviewer list as an approved third-party inspector must submit an initial application along with an application fee as established by the City of Alpharetta. Those individuals who are placed on the third-party inspectors and plans reviewer list must submit a renewal form no later than December 1 each year. Individuals that do not timely submit a renewal form shall be removed from the third-party inspectors and plans reviewer list.

In order to qualify as an approved third-party inspector, an individual must:

Be employed by or be a partner in an engineering or architect firm, in full compliance with the City of Alpharetta Unified Development Code, including timely payment of the occupational tax and registration required thereunder;

Be a registered professional engineer, a registered professional architect, or a qualified inspector as defined in this article;

Otherwise, be in good standing with all pertinent certification and professional accreditation boards;

Possess and maintain minimum insurance as described herein; and

Demonstrate relevant experience of at least one (1) year.

An individual shall not be qualified to be placed on the approved third-party inspectors and plans reviewer list if he/she has had his/her authority to issue third party inspection certifications in any other jurisdictions revoked. If an individual previously qualified to be on the approved third-party inspectors and plans reviewer list and subsequently has his/her authority to issue third party inspection certifications revoked, the individual shall be removed from the approved third-party inspectors and plans reviewer list.

An approved third party inspector may not submit an inspection certification if the approved third party inspector is an officer or employee of the owner, developer, contractor, or other party or if the approved third party inspector is employed by or a partner in a firm that is affiliated with or financially interested in the owner, developer, contractor, or other party on whose behalf the inspection certification is submitted.

Technicians may perform inspections under the supervision of an approved third-party inspector provided that the technician has satisfied any specific requirements as may be designated by the building official if those same requirements are imposed on the municipal employees completing the plan review or inspection.

Technicians performing inspections under the supervision of an approved third-party inspector shall possess ICC certifications relevant to the types of inspections performed. For building inspections, technicians shall provide documentation demonstrating previous experience and/or training that includes general building construction, construction trades, and code enforcement/interpretation, or any equivalent combination of education, training, and experience to be determined in the discretion of the building official.

Approved third party inspectors shall obtain and maintain the following minimum insurance coverages and provisions, evidence of which shall be submitted to the department with the initial application:

Professional liability insurance for errors and omissions in an amount of not less than $1,000,000.00 per occurrence and $1,000,000.00 in aggregate coverage for any project with a construction cost of $5,000,000.00 or less. For any project with a construction cost of more than $5,000,000.00, the amount of professional liability insurance for errors and omissions shall not be less than $2,000,000.00 per claim and $2,000,000.00 in aggregate coverage.

Such insurance may be a practice policy or may be project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the approved third-party inspector. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the final certificate of occupancy or certification of completion for the project.

The cancellation provision shall provide for 30 days' notice of cancellation.

The City of Alpharetta, Georgia, its officers, officials, employees, and representatives shall be named as additional insureds on the required insurance policies.

The required insurance coverages shall be provided by an insurance company licensed to do business in good standing with the Georgia Department of Insurance at all times.

Approved third party inspectors shall maintain the minimum insurance coverage as required above during which they are listed as approved third party inspectors. Approved third party inspectors shall provide the department with evidence of minimum insurance coverage and provisions on an annual basis prior to the expiration of any policy or coverage and upon request by the department. Should any insurance coverage or information change, the approved third-party inspector shall provide written notice of any such change to the City within ten (10) business days. If at any time an approved third-party inspector fails to maintain the required insurance coverage, the department may remove them from the approved third-party inspectors and plans reviewer list.

Suspension of technicians and approved third party inspectors:

An individual who performs inspections under this article, whether a technician or an individual approved third-party inspector, shall be subject to suspension from the approved third-party inspector and plans reviewer list, and from submitting inspection field reports and inspection certifications for the following infractions:

Providing inspections without appropriate license or certification.

ii.

Providing inspection services prior to issuance of a valid building permit.

iii.

Failing to identify any noncompliance with applicable codes governing individual and public safety and welfare (in compliance with Georgia Department of Community Affairs mandated construction code editions and amendments, approved plans, and City of Alpharetta Unified Development Code), as determined in the sole good faith discretion of the City Building Official. However, it is the express intent of the City not to impose sanctions on an individual under this article for failing to identify multiple instances of noncompliance in one inspection such as that each such failure constitutes an individual and separate infraction. Rather, multiple failures contained in a single inspection under this paragraph shall be treated as a single infraction.

iv.

Authorizing any deviation from the approved permit.

Falsifying reports.

vi.

Unauthorized employee performing inspections.

vii.

Performing unauthorized types of inspections.

viii.

Inspections passed with hold on project or under stop work order.

ix.

Failure to identify noncompliance with any applicable code not captured in subsection (iii) above, upon identification of such failure by the City on multiple occasions, as determined in the sole good faith discretion of the City Building Official.

Suspension for submitting inspection field reports and inspection certifications for infractions by a technician or individual approved third-party inspector shall be progressive based on the number of infractions in the previous 12-month period. For any combination of infractions within a 12-month period, the following actions, and suspensions against a technician or individual approved third-party inspector shall be assessed:

First infraction: Warning letter.

ii.

Second infraction: 7-Day suspension from eligibility to perform inspections and submit inspection field reports and inspection certifications.

iii.

Third infraction: 30-day suspension from eligibility to perform inspections and submit inspection field reports and inspection certifications.

iv.

Fourth infraction: 90-day suspension from eligibility to perform inspections and submit inspection field reports and inspection certifications.

Fifth infraction: One (1) year suspension from eligibility to perform inspections and submit inspection field reports and inspection certifications.

An approved third-party inspector shall be subject to progressive action based on the number of infractions in the previous 24-month period by individuals performing inspections, including the individual approved third party inspector or any one or more technicians acting under the supervision of the approved third-party inspector (which shall include technicians serving as employees, independent contractors, agents, etc.). Violations under this paragraph shall accrue upon every third (3rd ) infraction by an individual contemplated in paragraph (b) above, and shall subject approved third-party inspectors to the following actions and suspensions for any combination of infractions within a 24-month period:

First violation (upon third individual infraction): Written letter of reprimand from the City of Alpharetta Community Development Director.

ii.

Second violation (upon sixth individual infraction): Seven-day suspension from approved third party inspector and plans reviewer list.

iii.

Third violation (upon ninth individual infraction): 30-day suspension from approved third party inspector and plans reviewer list.

iv.

Fourth violation (upon 12th individual infraction): 90-day suspension from approved third party inspector and plans reviewer list.

Fifth violation (upon 15th individual infraction): One (1) year suspension from approved third party inspector and plans reviewer list. The City shall send written notice to the approved third party inspector for each infraction as contemplated in paragraph (b) above, the purpose of which shall be to inform the approved third party inspector of the number of infractions accruing under paragraph (b), to put the approved third party inspector on notice of possible violations under this paragraph (c), and so the approved third party inspector has the opportunity to take any remedial action necessary to prevent future infractions and/or violations.

Notwithstanding any other provision of this article, in the event a technician or individual approved third-party inspector is found to have violated subsection (8)(a)(v) - falsifying reports, the progressive actions and suspensions of this article may, in the discretion of the City, be bypassed with an immediate suspension and/or disqualification imposed.

The appeal of a suspension and/or disqualification shall be processed through the Board of Zoning Appeals at its next scheduled meeting as an appeal of an administrative decision.

Procedures for Conducting Third Party Inspections.

An approved third-party inspector shall not suggest, direct, or authorize any deviation from approved construction documents without first obtaining approval from the department.

The following procedures shall apply to all third-party inspections:

To ensure quality control of the third-party inspection and plans review program, a copy of all inspection field reports and inspection certifications shall be provided to the department within two (2) business days from the date the inspection is performed.

All inspection field reports shall note the type of inspection and any deficiencies observed.

Final inspections will not be scheduled until all outstanding reinspection fees have been paid.

Prior to the scheduling of any final inspection, the third-party inspector shall sign and seal a completed Certificate of Compliance; summarizing the inspections performed, including a written representation, that states:

"To the best of my knowledge and belief, the third-party agency scope of work outlined herein and inspected under my authority have been completed in conformance with the approved plans and the applicable codes."

When performing re-inspections for violations initially noted by department staff, each corrected item shall be addressed individually.

The department shall have a right of entry to any premises inspected by an approved third-party inspector or technician to ensure compliance with this article and the State Act.

Upon submission by the approved third party inspector of a copy of his or her inspection report to the City, the City shall accept the inspection of the approved third party inspector without the necessity of further inspection or approval by City inspectors or other personnel employed by the local governing authority, unless the City notifies the approved third party inspector within two (2) business days following the date of submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the approved third party inspector with a written description of the deficiencies and specific code regulatory requirements that have not been adequately addressed.

Approved third party plans reviewer requirements and qualifications.

Individuals wishing to be placed on the approved third-party inspectors and plans reviewer list as an approved plans reviewer must submit an initial application along with an application fee as established by the City of Alpharetta. Those individuals who are placed on the third-party inspectors and plans reviewer list must submit a renewal form no later than December 1 each year. Individuals that do not timely submit a renewal form shall be removed from the third-party inspectors and plans reviewer list.

In order to qualify as an approved third-party plans reviewer, an individual must:

Be a partner in or employed by an engineering or architect firm, in full compliance with chapter 20 of the City of Alpharetta, Georgia Code of Ordinances, including timely payment of the occupational tax and registration required thereunder;

Be a registered professional engineer, a registered professional architect, or a qualified inspector as defined in this article;

Otherwise, be in good standing with all pertinent certification and professional accreditation boards;

Possess and maintain minimum insurance as described herein; and

Demonstrate relevant experience of at least one (1) year.

An individual shall not be qualified to be placed on the approved third-party inspectors and plans reviewer list if he/she has had his/her authority to issue third party plans review affidavits in any other jurisdictions revoked. If an individual previously qualified to be on the approved third-party inspectors and plans reviewer list and subsequently has his/her authority to issue third party plans review affidavits revoked, the individual shall be removed from the approved third-party inspectors and plans reviewer list.

An approved third party plans reviewer may not submit a plans review affidavit if the approved third party plans reviewer is an officer or employee of the owner, developer, contractor or other party or if the approved third party plans reviewer is employed by or a partner in a firm that is affiliated with or financially interested in the owner, developer, contractor or other party on whose behalf the plans review affidavit is submitted.

Approved third party plans reviewers shall obtain and maintain the following minimum insurance coverages and provisions, evidence of which shall be submitted to the department with the initial application:

Such insurance may be a practice policy or may be project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two (2) years following the issuance of the final certificate of occupancy or certification of completion for the project.

The cancellation provision shall provide for 30 days' notice of cancellation.

City of Alpharetta, Georgia, its officers, officials, employees, and representatives shall be named as additional insureds on the required insurance policies.

The required insurance coverages shall be provided by an insurance company licensed to do business in good standing with the Georgia Department of Insurance at all times.

Approved third party plans reviewers shall maintain the minimum insurance coverage as required above during which they are listed as approved third party plans reviewers. Approved third party plans reviewers shall provide the department with evidence of minimum insurance coverages and provisions on an annual basis prior to the expiration of any policy or coverage and upon request by the department. Should any insurance coverage or information change, the approved third-party plans reviewer shall provide written notice of any such change to the City within ten (10) business days. If at any time an approved third-party plans reviewer fails to maintain the required insurance coverage, the department may remove them from the approved third-party inspectors and plans reviewer list.

Suspension of approved third party plans reviewers:

An individual who performs plans review under this article shall be subject to suspension from the approved third-party inspector and plans reviewer list, and from submitting plans review affidavits for the following infractions:

Providing plans reviews without appropriate license or certification.

ii.

iii.

Falsifying plans review affidavits.

iv.

Performing unauthorized types of plan reviews.

Suspension for submitting plans review affidavits for infractions by an approved third-party plans reviewer shall be progressive based on the number of infractions in the previous 12- month period. For any combination of infractions within a 12-month period, the following actions, and suspensions against an approved third-party plans reviewer shall be assessed:

First infraction: Written letter of reprimand from the City of Alpharetta Community Development Director.

ii.

Second infraction: Seven (7) day suspension from approved third party inspector and plans reviewer list.

iii.

Third infraction: 30-day suspension from approved third party inspector and plans reviewer list.

iv.

Fourth infraction: 90-day suspension from approved third party inspector and plans reviewer list.

Fifth infraction: One (1) year suspension from approved third party inspector and plans reviewer list.

The City shall send written notice to the approved third-party plans reviewer for each infraction as contemplated in paragraph (b) above, the purpose of which shall be to inform the approved third-party plans reviewer of the number of infractions accruing under paragraph (b) and so the approved third-party plans reviewer has opportunity to take any corrective action necessary to prevent future infractions.

Notwithstanding any other provision of this article, in the event an approved third-party plans reviewer is found to have violated subsection (6)(a)(iii) - falsifying plans review affidavits, the progressive actions and suspensions of this article may, in the discretion of the City, be bypassed with an immediate suspension and/or disqualification imposed.

The appeal of a suspension and/or disqualification shall be processed through the Board of Zoning Appeals at its next scheduled meeting as an appeal of an administrative decision.

Procedures for Conducting Third Party Plans Review.

Any plan review conducted by an approved third-party plans reviewer shall be no less extensive than plan reviews conducted by City personnel.

Plan reviews shall be within the scope of such approved third-party plan reviewer's area of competency.

The following procedures shall apply to all third-party plans review:

To ensure quality control of the third-party inspection program, a copy of all plans review affidavits shall be provided to the department within five (5) business days of its completion.

All plans review affidavits shall certify that:

The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to the third-party inspection and plans review program;

ii.

The plans comply with all applicable regulatory requirements; and

iii.

The plans submitted for plan review are in conformity with plans previously submitted to obtain City approvals required in the plan submittal process and do not make any changes to the project reviewed for such approvals.

Appeals.

If the City of Alpharetta building official and the private professional provider are unable to resolve a dispute or meet within the time required by the State Act, the matter shall be referred to the Board of Zoning Appeals.

Appeals, hearings, and notice. All questions arising in connection with the interpretation and enforcement of this Ordinance shall first be presented to the city administrator or his designee, and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the city administrator or his designee, and that from the decision of the Board of Zoning Appeals, recourse shall be as provided by state law. The city administrator or his designee shall forthwith transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed was taken.

Appeals to these regulations may be taken to the Board of Zoning Appeals by the City of Alpharetta building official, the approved third-party inspector or approved third party plans reviewer, or the owner of the subject building.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Zoning Appeals, after the notice of appeal shall have been filed with the officer, that by reason of facts stated in the certificate a stay would, in the officer's opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notices to the officer from whom the appeal is taken, and on due cause shown.

The Board of Zoning Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person, or by agent, or by attorney.

Nothing in this subsection shall limit the authority of the building official to issue a stop-work order for a building project or any portion of such project, which may go into effect immediately as provided by law, after giving notice and opportunity to remedy the violation, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare.

(Ord. No. 884 (Exh. A), § 1, 2-10-2025)

SECTION 4.5 - APPEALS[1]

4.5.1 Initiation.

All requests for relief from the imposition of the regulations and requirements of this Ordinance on a property or development activity, or from an interpretation of the meaning of words or the boundaries of zoning districts, or from an administrative decision of the Director, shall be taken as an appeal to the Board of Appeals, except as otherwise provided in this Section.

Appeals to the Board of Appeals may be initiated by any person aggrieved or by an officer, department, board or bureau of the City. Such appeal shall be initiated within 15 days of the action or decision appealed from by filing with the Director notice of said appeal specifying the grounds thereof. The Director shall transmit to the Board of Appeals any papers constituting the record of the action or decision from which the appeal was taken.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is made certifies to the Board of Appeals, after the notice of appeal shall have been filed with them, that by reason of facts stated in the certificate a stay would, in the Director's opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of competent jurisdiction.

(Ord. No. 859, § 1(Exh. A), 6-26-2023)

4.5.2 Public hearing process.

Public Notice.

Notification to the General Public.

At least thirty (30) days but not more than forty-five (45) days prior to each public hearing, notice shall be published in a newspaper of general circulation within the City. The Director shall prepare such notice, which shall state the time, place and purpose of the hearing. Additionally, notice of the public hearing shall be sent to the owner of the property that is the subject of the proposed action at least thirty (30) days prior to the hearing date by regular mail.

If a request for a variance is to be heard at the hearing, then the notice shall, in addition to the above requirements, include the proposed code provisions requested to be modified. Each section of this Code requested to be varied shall be separately identified in all required notices.

If an appeal of an administrative decision is to be heard at the hearing, then the notice shall, in addition to the above requirements, include a summary of the purpose of the appeal.

(Ord. No. 859, § 1(Exh. A), 6-26-2023)

4.5.3 Public hearing.

The Director shall submit the appeal to the Board of Appeals, together with any Staff Report. The Board of Appeals shall review and take action upon each appeal after holding a public hearing. In making a decision on the appeal, the Board of Appeals shall follow the standards set forth under this Section. No member of the Board of Appeals shall rule on a matter in which he or she has a financial interest, directly or indirectly.

In taking on an appeal, the Board of Appeals by majority of those voting may approve, approve with conditions, or deny the appeal, or the Board of Appeals may table the matter for consideration at its next regular meeting.

The following procedures shall govern public hearings for purposes of considering applications as specified in this Section.

Presiding officer. The public hearing shall be conducted by the presiding officer.

(Ord. No. 859, § 1(Exh. A), 6-26-2023; Ord. No. 881, § 3 (Exh. C), 1-6-2025)

4.5.4 Hardship variances.

General.

Relief from the application of the provisions of this Ordinance may be granted by the board of Appeals upon a finding that compliance with such provision will result in a hardship to the property or owner that is substantially unwarranted by the protection of the public health, safety or general welfare and the need for consistency among all properties similarly zoned.

Such relief may be granted only to the extent necessary to alleviate such unnecessary hardship and not as a convenience to the applicant nor to gain any advantage or interest over similarly zoned properties.

Standards for Approval. A hardship variance may be granted in whole or in part, or with conditions, in such individual case of unnecessary hardship upon a finding by the Board of Appeals that:

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; or

The application of the Ordinance to this particular piece of property would create an unnecessary hardship; or

There are conditions that are peculiar to the property which adversely affect its reasonable use or usability as currently zoned.

Limitation. In no case shall a hardship variance be granted from the conditions of approval imposed on a property through a zoning change granted by the City Council, nor may any use of land or buildings or structures be granted that is not permitted by the zoning district that is applicable to the property.

(Ord. No. 859, § 1(Exh. A), 6-26-2023)

4.5.5 Exceptions.

General.

An exception requested as part of a rezoning or conditional use application shall be heard by the Planning Commission and decided by the City Council as part of the public hearing process related to the rezoning or conditional use application. All other exceptions (which do not exceed 50% of the stipulated requirement) shall be heard and acted upon by the Board of Appeals, unless approved administratively by the Director or otherwise explicitly provided herein. Exceptions as provided under subsection (2)(m) below, or which exceed 50% of the stipulated requirement, shall be heard and acted upon by the City Council.

Exceptions shall be limited to relief from the following requirements of this Ordinance:

Minimum building setbacks;

Maximum building height;

Buffers and screening;

Signage in accordance with a coordinated signage plan;

Minimum street frontage;

Parking and loading requirements;

Tree preservation;

Signage height and copy area;

Regulations pertaining to uses customarily accessory to dwellings located in residential zoning districts (See Section 2.3.3(C));

Minimum building size;

Maximum impervious area;

Incentives available to historic properties following designation (See Section 2.9.5); and

Maximum number of short-term rentals in a platted subdivision or phase of a platted subdivision (See Section 2.7.1 (A)(1)).

Standards for Approval.

An exception may be granted upon a finding that:

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of size, shape or topography; or

The application of the Ordinance to this particular piece of property would create an unnecessary hardship; or

There are conditions that are peculiar to the property which adversely affect its reasonable use or usability as currently zoned; or

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of the Ordinance.

An exception may be granted from the requirements of this Ordinance regarding tree preservation. The factors to be taken into consideration include the following:

The ease with which the applicant can alter or revise the proposed development or improvement to accommodate existing trees.

The economic hardship that would be imposed upon the applicant were the exception denied.

The heightened desirability of preserving tree cover in densely developed or densely populated areas.

The need for visual screening in transitional zones or relief from glare, blight, commercial or industrial ugliness or any other visual affront.

Whether the continued presence of the tree or trees is likely to cause danger to a person or property.

Whether the topography of the area in which the tree is located is such a nature to be damaging or injurious to trees.

Whether the removal of trees is for the purpose of thinning a heavily wooded area where some trees will remain.

Whether tree removal would have an adverse impact upon existing biological and ecological systems.

Whether tree removal would affect noise pollution by increasing source noise levels to such a degree that a public nuisance may be anticipated or a violation of the noise control ordinance will occur.

Limitations. In no case shall an exception be granted from the conditions of approval imposed on a property through a zoning change granted by the City Council, nor may a minimum lot size required by a zoning district be reduced, nor may any use of land or buildings or structures be granted that will result in an increase in housing units or non-residential building density or is not permitted by the zoning district that is applicable to the property.

(Ord. No. 859, § 1(Exh. A), 6-26-2023; Ord. No. 874, § 1(Exh. A), 6-3-2024; Ord. No. 881, § 3 (Exh. C), 1-6-2025; Ord. No. 882, § 4, 1-6-2025)

Editor's note— Ord. No. 882, § 4, adopted Jan. 6, 2025, set out provisions intended for use as 4.5.5(A)(2)l. For purposes of alphabetization and at the editor's discretion, these provisions have been included as 4.5.5(A)(2)m.

4.5.6 Interpretations.

The Board of Appeals, upon appeal of an aggrieved party or at the request of the Director, shall interpret the use of words or phrases within the context of the intent of this Ordinance, the boundaries of the various zoning districts where uncertainty exists, and such other provisions of this Ordinance as may require clarification or extension. The Board of Appeals shall also hear and decide appeals from any order, determination, decision or other action by the Director where a misinterpretation of the requirements or other provisions of this Ordinance is alleged, except for appeals of administrative decisions denying design approval of signs reviewed by the Director for compliance with the design standards set forth in the Design Review Board Ordinance.

An interpretation by the Board of Appeals shall be final, unless an appeal of their action is taken to Superior Court within 30 days of the Board's action.

(Ord. No. 859, § 1(Exh. A), 6-26-2023)

4.5.7 Appeals of Administrative Variance Decisions.

Any administrative variance decision or administrative exception decision made pursuant to Section 5.1 may be appealed in accord with the procedures set forth in Sections 4.5.2 and 4.5.3.

(Ord. No. 859, § 1(Exh. A), 6-26-2023)

Footnotes:

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Editor's note—Ord. No. 859, § 1(Exh. A), adopted June 26, 2023, deleted § 4.5 in its entirety and enacted a new § 4.5 as set out herein. Former § 4.5 pertained to similar subject matter and derived from Ord. No. 751, § 2, adopted October 16, 2017.

SECTION 4.6 - SUSPENSION OF PERMITTING

Upon submission by a property owner or his agent of a request for a change in the Comprehensive Land Use Plan, or for a zoning change, or for the granting of relief on a property, no permits shall be issued nor shall any actions be undertaken on the property that may be affected by the outcome of such application.

Upon the initiation of a Comprehensive Land Use Plan amendment, zoning change, or text amendment by the Planning Commission or City Council, no permits shall be issued nor shall any actions be undertaken on any property that may be affected by the outcome of such application.