The minor plat process enables staff approval of applications that have minimal impact on public facilities, do not require the construction or extension of the county roadway network or utility infrastructure, and are consistent with county zoning, subdivision, and public improvement requirements.

(Ord. No. 06-2020, § 3, 12-8-2020)

Minor plats include each of the following:

(a)

Minor subdivisions enable the subdivision of land to create a limited number of new parcels. The new parcels may be accessed from a new or existing private road or an existing public road. If the subdivision requires the construction of a new public road, extension of an existing public road, or extension of public utilities greater than 200 feet in length, the subdivision will be considered a major subdivision.

(1)

Minor subdivision served by private/public road enables the creation of a maximum of six buildable lots or parcels from a single parcel when:

a.

Access to each parcel will be from a new private road, built to county standards;

b.

Access to each parcel will be from an existing private road. If the private road is not built to county standards, the road must be brought up to current standards; or

c.

Access to each parcel will be from an existing county road that is constructed to current county road improvement standards.

(2)

Large lot minor subdivision served by private/public road enables the creation of a maximum of ten buildable lots from a single parcel when:

a.

The average lot size is at least five acres; and

b.

Access to each lot will be from a new private road, built to County Rock Road Standards (see Engineering Design Manual, Section 304); or

c.

Access to each lot will be from an existing private road. If the private road is not built to County Rock Road Standards, the road must be brought up to current standards; or

d.

Access to each parcel will be from an existing county road that is constructed to current county road improvement standards.

(3)

Minor subdivision served by private easement enables the creation of up to three lots or parcels from a single parcel when one lot will have access to a public or private road built to county standards and a maximum of two additional lots will be accessed from an easement.

(b)

Conveyance plats enable the division of land into up to six parcels of ten acres or more from a single parcel, which are not intended to be developed for any purpose requiring a building permit without subsequent subdivision approval.

(c)

Lot line adjustments enable changes to existing lot or parcel boundaries that do not create any additional lots or alter the overall density of the affected lots.

(d)

Plat corrections enable corrections to errors or omissions on a recorded plat that does not materially change the boundaries of any of the parcels shown on the plat.

(e)

Dedication plats - enable the conveyance of rights-of-way or easements.

(f)

Combination plats - enable the combination of two or more existing lots of record into one lot.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 18-2022, § 3, 12-13-2022)

The minor subdivision process may be used to create no more than the maximum number of lots allowed for the applicable minor subdivision type [see section 114-401(a)] for any parcel that is included within the boundaries of a minor subdivision or is a remaining portion of a parcel that was previously subdivided using the minor subdivision process.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 18-2022, § 3, 12-13-2022)

The formal approval process for each type of minor plat begins with the submittal of a complete application to the community development director in accordance with Appendix D. For minor subdivisions, applicants are encouraged to discuss the proposed subdivision prior to formal application. For subdivisions involving the creation of a private road, the applicant shall provide a proposed maintenance and access agreement, which will include the rights and obligations, including financial, for owning, using, and maintaining the private road. For subdivisions using existing private roads for access to one or more lots, the applicant shall provide a title report verifying the private road may be used for access.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 18-2022, § 3, 12-13-2022)

(a)

The community development director shall review the application for completeness in accordance with section 114-213.

(b)

Upon finding the application complete, the community development director shall review the proposed minor plat and any other documents deemed necessary to determine the compliance of the proposed minor plat with this UDO and other applicable laws. The review of the following individuals must also be obtained for minor subdivisions when required by the community development director:

(1)

The health department shall review the proposed water supply and sewerage disposal system and determine compliance with this UDO and other applicable rules and regulations.

(2)

The engineering director shall review the proposed minor subdivision and determine the conformity of proposed road alignment with existing roads, the road classification plan and proposed public roads.

(3)

The engineering director shall review the proposed water, sewer, and stormwater management improvements for compliance with applicable requirements.

(4)

If deemed necessary by the community development director, review and comment from any local, state, or federal agencies, and consultants or other professionals retained by the county may be obtained.

(Ord. No. 06-2020, § 3, 12-8-2020)

Notice and a public hearing are not required for minor plats.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Approval criteria for minor subdivisions served by private/public road. Before approving this type of subdivision, the community development director shall find that the proposed subdivision complies with each the following provisions:

(1)

All lots created by this process shall comply with the minimum area and dimensional standards of this UDO. Area included within the right- of-way shall be excluded for purposes of calculating minimum lot area. However, the right-of-way area may be included for purposes of calculating the maximum density allowed in the zoning district;

(2)

Each lot shall be independently accessible from an abutting public or private road constructed in compliance with currently applicable Bryan County standards;

(3)

No public road shall be created through the minor subdivision process, but the plat may include the dedication of public right-of-way for the widening of existing public roads abutting lots in the proposed minor subdivision;

(4)

Private roads serving four or more parcels shall be placed in a private road right-of-way of at least 40 feet in width, unless the engineering director finds that greater width is needed due to topography, drainage, or private road alignment. The road shall be designed and constructed to comply with the Rock Road Standards (see Engineering Design Manual, Section 304);

(5)

There is adequate turnaround area for emergency vehicles, as approved by the emergency services director or designee and as required by the engineering director per the engineering department standard details;

(6)

There is adequate turnaround area for buses as approved by the Bryan County Board of Education;

(7)

Off-site utility improvements are limited to water and/or sewer line extensions of not more than 200 feet from the nearest property line of the subdivision;

(8)

Off-site stormwater improvements are limited to abutting rights-of-way or easements, which may be used only with the owner's consent;

(9)

The applicant shall submit a Private Road Ownership and Maintenance Agreement that shall be recorded with the final plat that assigns ownership of and responsibilities for maintenance of private roads and drainage systems. Responsibility for maintenance of the private roads shall be clearly stated on the minor subdivision plat. The applicant shall also reference the recorded Private Road Ownership and Maintenance Agreement in the deeds for all lots in the minor subdivision.

(10)

Private roads shall be named. The applicant shall install private road name signs in accordance with the Engineering Design Manual, Section 310: Traffic Control Plan and/or MUTCD. Such signs shall contain the road name and the designation "private."

(b)

Approval criteria for large lot minor subdivisions served by private/public road. Before approving this type of subdivision, the community development director shall find that the proposed subdivision complies with each the following provisions:

(1)

All lots created by this process comply with the minimum area and dimensional standards and maximum density for the zoning district in which the lots are located. In addition, the average lot size for all lots in the large lot minor subdivision shall be at least five acres. The right-of-way area shall be excluded for purposes of calculating minimum and average lot area. However, the right-of-way area may be included for purposes of calculating the maximum density allowed in the zoning district;

(2)

Each lot shall be independently accessible from an abutting public road that is constructed to current county road improvement standards or from a new or existing private road built to County Rock Road Standards (see Engineering Design Manual, Section 304);

(3)

New private roads shall be placed in a private road right-of-way of at least 40 feet in width, unless the engineering director finds that greater width is needed due to topography, drainage, or private road alignment; and

(4)

The subdivision complies with section 114-406(a)(3) and (a)(5) through (a)(10), above.

(c)

Approval criteria for minor subdivisions served by private easement. Before approving a minor subdivision served by private easement, the community development director shall find that the proposed subdivision complies with each the following provisions:

(1)

All lots created by this process shall comply with the minimum area and dimensional standards of this UDO. Area included within the easement shall be excluded for purposes of calculating minimum lot area.

(2)

An easement with a minimum width of 30 feet shall be provided for lots created by this process and not having direct access from an existing road. The engineering director may require an increased width if they find that greater width is needed due to topography, drainage, or private road alignment. The road shall be designed and constructed to comply with the Private County Dirt Road Standard in the Engineering Design Manual. The plat shall include a note addressing maintenance of the easement.

(3)

At least one lot shall be independently accessible from an abutting public road.

(4)

No public road shall be created through this process, but the plat may include the dedication of public right-of-way for the widening of existing public roads abutting lots included in the minor subdivision.

(5)

Off-site utility improvements are limited to water and/or sewer line extensions of not more than 200 feet from the nearest property line of the subdivision.

(6)

Off-site stormwater improvements are limited to abutting rights-of-way or easements, which may be used only with the owner's consent.

(d)

Approval criteria for lot line adjustments. Before approving a lot line adjustment, the community development director shall find that:

(1)

All resulting lots shall comply with minimum area and dimensional standards of this UDO; or

(2)

Where one or more of the existing lots is non-conforming, the proposed lot line adjustment improves overall compliance of the affected lots.

(e)

Approval criteria for plat corrections. Before approving a plat correction, the community development director shall find that the amendments are limited to changes required to correct a surveying or scrivener's error or omission, and do not change the density, eliminate restrictions, or substantively change the rights and responsibilities of the owners of the affected lots.

(f)

Approval criteria for dedication plats. Before approving a dedication plat, the community development director shall find that subdivision is created solely to document the conveyance of right-of-way or an easement for a public or private road, drainage improvement, utility improvement or other public purpose.

(g)

Approval criteria for combination plats. Before approving a combination plat, the community development director shall find that the lots to be combined are existing lots of record.

(h)

Approval criteria for conveyance plats. Before approving a conveyance plat, the community development director shall find that:

(1)

All parcels resulting from the conveyance plat process shall be ten acres or larger in net area, excluding water bodies, protected wetlands, and land with elevations below the mean high tide, provided that any parcel that is placed in a conservation easement shall be ten acres or larger in gross area.

(2)

The conveyance plat shall include the following statement: "No building permits will be issued for a building on any lot in this subdivision."

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 18-2022, § 3, 12-13-2022)

The community development director shall approve or disapprove the application within 30 days of finding the application complete and shall notify the applicant of the action in writing. If the plat complies with the requirements of these regulations, the community development director and engineering director shall sign the proposed final plat which can then be recorded in the real estate division of the clerk of court. If the community development director finds that the proposed minor plat does not comply with this UDO and other applicable laws, then such plat shall be disapproved, and reasons noted for such disapproval in the records. The community development director may not approve the minor plat until the engineering director and public health director have signed the minor plat if their review is determined to be required.

(Ord. No. 06-2020, § 3, 12-8-2020)

Decisions of the community development director made pursuant to this division are appealable to the board of adjustment. Appeals shall follow the procedures identified in article III, division 6.

(Ord. No. 06-2020, § 3, 12-8-2020)

Variances are not permitted for the maximum number of parcels that may be created pursuant to the minor subdivision process. Additionally, variances are not permitted for the development standards identified section 114-406(a)(4), section 114-406(b)(3), and section 114-406(c)(2).

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 18-2022, § 3, 12-13-2022)

After approval, the applicant may proceed with installation of the private road or easement and any other required public improvements provided they receive the necessary approvals, including but not limited to approved construction plans, encroachment permits, Army Corps of Engineers' permit, and EPD and public health approvals. No building permits shall be granted until required improvements are completed and approved in compliance with section 114-411, and the plat is recorded in compliance with section 114-412.

(Ord. No. 06-2020, § 3, 12-8-2020)

The engineering director shall inspect all required improvements to determine compliance with applicable requirements and provide written approval of the improvements or a written explanation of any deficiencies precluding approval.

(Ord. No. 06-2020, § 3, 12-8-2020)

Applicant shall record the minor plat within six months of the community development director's approval. Failure to record shall result in expiration and require resubmittal. If the minor plat approval included approval of road construction plans, the applicant shall record the final plat within three months of completion of the road construction.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

This division applies to any application for development approval in which the applicant claims an exemption from any provision of this chapter based on common law, statutory vested rights or estoppel.

(b)

Any applicant may apply for a vested rights determination, provided that the requirements of this division are satisfied. An application for a vested rights determination may be approved subject to compliance with a consent agreement.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Initiation. An application shall be made to the community development director requesting a determination of vested rights.

(b)

Application. The application shall include all information needed to support the applicant's claim of vested rights. Information should include but is not limited to applicable statutes or ordinances, board of commissioners, P&Z commission, or other duly appointed county board meeting minutes, correspondence, permits, applications, and official land use maps.

(c)

Review and approval. After receiving an application for a vested rights determination, the community development director shall review the application and determine if the application is complete. If deemed incomplete, the applicant shall provide additional information for consideration of the application within ten days. Within 30 days of receiving a complete application, the community development director shall determine whether there is sufficient evidence to establish vested rights. If so, the director shall issue a consent agreement, in compliance with section 114-415, to the applicant recognizing vested rights for the project. The consent agreement shall set forth all terms and conditions required for the continuance of the vested rights being recognized.

(d)

Vested rights criteria. The applicant for vested rights must show compliance with the following criteria for the specific project to acquire such rights:

(1)

In reliance upon lawfully issued development approval, the applicant makes a substantial financial commitment or assumes substantial financial obligations within the purview of the activities authorized by said development approval;

(2)

The applicant has proceeded in good faith, has relied upon the issuance of the development approval, and such development approval has not lapsed or been revoked; and

(3)

The applicant has established any other factor that may establish estoppel under state or federal law.

(Ord. No. 06-2020, § 3, 12-8-2020)

A consent agreement shall be executed by the community development director and the applicant upon determining vested rights pursuant to section 114-414(c). The agreement shall include the following terms and conditions:

(a)

A legal description of the subject property and the names of the legal and equitable owners;

(b)

The duration of the consent agreement and the conditions that will result in revocation;

(c)

The uses permitted on the property, including population densities and/or building intensities and height, setbacks, floor area ratio, setbacks, and other bulk regulation requirements;

(d)

A description of the public facilities that will service the proposed development, including who shall provide such facilities; the date that any new facilities, if needed, will be constructed; and a schedule to assure that public facilities are available concurrent with the impacts of the development;

(e)

A description of any reservation or dedication of land for public purposes;

(f)

A description of all development approvals or other local, state, or federal approvals needed for the proposed development;

(g)

A finding that the proposed development is consistent with the comprehensive plan and the relevant provisions of this UDO;

(h)

A description of any conditions, terms, restrictions, or other requirements determined to be necessary for the preservation and protection of the public health, safety, or welfare;

(i)

A statement indicating that the omission of a limitation or restriction shall not relieve the applicant of the necessity of complying with all applicable local, state, and federal laws;

(j)

A phasing plan indicating the anticipated commencement and completion date of all phases of the proposed development;

(k)

Provisions for remedies in the event of default;

(l)

A statement that the county attorney shall review progress pursuant to the consent agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the consent agreement; and

(m)

Any other provisions as required by state law.

(Ord. No. 06-2020, § 3, 12-8-2020)

If the board of commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the consent agreement, the consent agreement may be revoked or modified by the board of commissioners after a public hearing, which has been noticed by publication and for which notice has been expressly provided to the applicant.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose. Administrative relief provides for expeditious review of minor deviations from the provisions of this chapter under specified circumstances. The administrative relief process does not involve a public hearing unless a decision is appealed by the applicant to the board of adjustment.

(b)

Initiation. A property owner may initiate an application. The applicant shall file a completed application with the community development director in conformance with section 114-213.

(c)

Types of administrative relief. Administrative relief may be granted for any of the following situations:

(1)

Building setback reduction: The side and rear building setbacks shall not be less than 90 percent of the minimum setback requirement. Front building setbacks shall not be less than 80 percent of the minimum setback requirement. All setbacks shall be required to meet minimum requirements of the Fire Code.

(2)

Landscaping and buffers: Minimum buffer width and planting requirements may be reduced to create a more natural undulating buffer, provided that the average width of the buffer on each side of a parcel meets the minimum and not more than 20 percent of the length of a buffer is below the minimum required width.

(3)

Parking spaces: The number of parking spaces may be reduced based on the proposed use, site conditions and availability of on-street parking. Applicant shall submit a parking study or parking analysis from a recognized publication, e.g., ITE Trip and Parking Generation Manual, when requesting such administrative relief.

(4)

Parking dimensions: The minimum parking aisle width may be reduced by up to one foot per travel lane if parking space width of every space along the aisle is increased by at least one-half foot.

(5)

Arterial and collector road buffers: The arterial and collector road buffer may be eliminated, if the subject property meets the criteria specified in section 114-117(e).

(d)

Criteria for 114-117(c)(1) through (c)(4). Administrative relief may be granted when the community development director finds that the application meets each of the following criteria:

(1)

The relief will not create a burden on adjacent property owners or conflict with the zoning district's purposes;

(2)

The relief is necessary to allow efficient use of the property due to site conditions or circumstances that do not commonly affect properties in the district;

(3)

The relief does not convey a right or privilege that would be unavailable to similarly situated properties; and

(4)

For development within a PD zoning district, the request is for an individual lot or building and would not constitute a PD amendment.

(e)

Criteria for section 114-117(c)(5). Administrative relief may be granted for arterial and collector road buffers when the community development director finds that the application meets each of the following criteria:

(1)

The proposed development advances Bryan County's Comprehensive Plan goal to create and maintain a long-term sustainable and diverse economic base;

(2)

The subject property is zoned I-1 or I-2;

(3)

The subject property is at least 1,000 acres in size;

(4)

The proposed development is a significant economic development project, such as a project identified as a megasite by the State of Georgia or a joint development project between Bryan County, a development authority and/or the state; and

(5)

The proposed development has received state and local tax incentives.

(f)

Action. After a review period of not more than 15 business days, the community development director shall approve, conditionally approve or disapprove any application for administrative relief and provide written documentation justifying the action.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 18-2022, § 3, 12-13-2022)

As part of any development approval listed in articles III and IV of this UDO, the community development director shall be required to certify whether the proposed development is consistent with the existing zoning of the property being developed.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose. Site development plan review is intended to ensure that the layout and general design of proposed development in areas regulated by this chapter complies with all applicable standards in this UDO and all other applicable rules and regulations. The purpose of this section is to establish the submittal requirements and review process for the approval of site plans.

(b)

Applicability. Site development plan approval is required for any development of multi-family, mixed-use or non-residential structures, the establishment of any non-residential land use, and any change to an existing multifamily, mixed-use, or non-residential development or change of use that causes an increase in required parking by more than the lesser of ten percent of current requirement or ten spaces.

(c)

Initiation.

(1)

Applications for site plan review may be initiated by any party with an interest in developing property within areas regulated by this UDO. Written approval from the current landowner shall be required as part of any application for site plan review.

(2)

The applicant or an authorized agent of the applicant shall submit to the community development director a complete site plan application as required by section 114-213 and Appendix D.

(3)

All site plans shall be prepared to scale and with sufficient detail and clarity to demonstrate compliance with applicable technical rules and regulations. Site plans shall be prepared by a licensed professional engineer in the State of Georgia, unless waived by the community development director and engineering director.

(4)

The community development director shall review the application and shall determine if the application is complete pursuant to section 114-213.

(d)

Approval criteria. All site plans shall comply with the following criteria:

(1)

The proposed land uses, densities and intensities comply with applicable zoning district requirements and prior development approvals, including but not limited to subdivision, variance, rezoning, or conditional use permit approvals;

(2)

The site and building design comply with applicable standards in this UDO, including the design guidelines in article VIII;

(3)

Minor deviations not granted through the administrative relief provisions of section 114-417 have been granted by the community development director and are noted on the site plan;

(4)

Variances, if needed, are granted prior to site plan approval;

(5)

The applicant has applied for approval of an ESA, land disturbance and wetlands permits, and will receive final approval prior to site plan approval; and

(6)

The applicant shall demonstrate compliance with the tree protection and preservation plan and other applicable requirements of this UDO.

(e)

Review and action. After determining that the application is complete, the community development director shall solicit comments from the DRC and review the site plan for compliance with the criteria established in paragraph (d) of this section. If a site plan complies with all of the provisions of this chapter, including the approval criteria in paragraph (d) of this section, the community development director may approve the site plan or approve the site plan subject to conditions. If the community development director determines the site plan does not comply with this UDO or other local, state, or federal laws, the community development director shall disapprove the site plan.

(f)

Appeals to site plans. If the applicant objects to the community development director's decision, the applicant may appeal the decision to the board of adjustment pursuant to article III, division 6.

(g)

Effect of approval.

(1)

Site plan approval authorizes issuance of a building permit subject to approval of building plans. If no building permit is obtained within 12 months or the building permit lapses, the site plan approval lapses.

(2)

Development activities shall conform to the approved site plan and any conditions of approval. Any deviation from the approved site plan, unless approved in advance and in writing by the community development director is deemed a violation of this UDO.

(3)

Construction, however, may not commence until the applicant obtains a land disturbance permit pursuant to section 114-426.

(h)

Site plan amendments. A site plan may be modified in accordance with the procedures established for site plan review in this section.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose. Landscape plans are intended to:

(1)

Document existing vegetation to be removed or protected and preserved;

(2)

Analyze existing and proposed canopy for applicable developments;

(3)

Identify the locations, species and dimensions of proposed plantings;

(4)

Demonstrate compliance with the provisions of article VI, division 5 for canopy retention, tree preservation, buffers and other required plantings; and

(5)

Document plans for protection, planting and maintenance of existing and proposed plantings.

(b)

Applicability. Landscape plans shall be submitted in conjunction with construction plans for major subdivisions and site development plans for multi-family, non-residential, and mixed-use developments. If sketch plat approval is required, however, the tree survey shall be submitted with the sketch plat application. Additionally, a tree survey shall be included with the final development plan for a planned development. The community development director may waive specific submittal requirements if a previously approved landscape plan achieves the purposes of this section. Landscape plans shall comply with the requirements identified in Appendix D.

(c)

Tree preservation and protection plan. As part of the landscape plan, the applicant shall submit a tree preservation and protection plan demonstrating compliance with the tree protection and preservation requirements identified in section 114-634. The tree preservation and protection plan shall be prepared and stamped by a registered landscape architect or a certified arborist. The tree preservation and protection plan shall include all required information as identified in Appendix D.

(d)

Tree Survey. A tree survey, which is a foundational element of the landscape plan shall comply with the following provisions:

(1)

The tree survey shall be prepared by a certified arborist or forester and shall depict the location, species, and size in dbh of all protected trees in the development area and differentiate them as to whether they are heritage or historic trees. The development area shall be defined as all areas within 50 feet of any proposed grading, temporary and permanent structures, and other improvements; and as wetlands proposed to be disturbed. The survey shall specify which trees are proposed for removal.

(2)

For developments disturbing more than 25 acres, the community development director may authorize the applicant to prepare a tree survey using one or more "sample areas." Each sample shall cover at least one acre. Sample areas shall be evenly distributed throughout the site and proportional to the acreage of types of forest found on the site. Sample areas shall represent at least five percent of the site or five acres, whichever is greater. The surveyor shall estimate the relative densities and total number of Heritage Trees across the site based on the distribution of these trees in the samples. Historic trees shall nevertheless be individually surveyed and documented by location, species, and size in dbh. Upon reviewing the sample survey, the community development director may require that inventories be taken of additional sample sites.

(3)

For development plans disturbing 25 or fewer acres, both heritage and historic trees shall be individually surveyed.

(e)

Review process. The landscape plan shall follow the same process as the application the plan is submitted with for review and approval.

(f)

Effect of approval. Landscape plan approval is required prior to or in conjunction with final development plan, construction plan, and site plan approval. Landscape plan approval in conjunction with one of these approvals entitles the applicant to development activities authorized by the specified approval.

(g)

Deviation from plans. At any time after the approval of any landscape plan, an applicant shall have the right to amend the proposed plan. Approval for deviations from the approved plan shall follow the same steps as changes or revisions to any other required plat/site plans within the county.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose. Tree removal permits are required to prevent the unnecessary removal of Heritage and historic trees.

(b)

Applicability. A tree removal permit is required prior to the removal of any Heritage or historic tree except for:

(1)

Trees that are removed pursuant to a bona fide silviculture operation;

(2)

Trees located on individual lots, not within a platted (major or minor) subdivision; or

(3)

Trees located within minor platted subdivisions in the A-5 and RR zoning districts.

(c)

Initiation. The applicant for removal of one or more heritage or historic trees shall submit the application to the community development director on a form provided by the director.

(1)

Application for permits must be made at least five business days in advance of the proposed tree removal. The community development director shall issue the permit, valid for 60 days, if the request meets the criteria for tree removal.

(2)

Authorization for removal of a heritage or historic tree may be granted in conjunction with a final development plan, major subdivision sketch plat, site development plan, land disturbance permit or building permit approval. Any heritage or historic tree removed subject to the provisions of this paragraph (c)(2) shall provide for mitigation in accordance with article VI, division 5, section 114-634(f).

(d)

Review and action. After determining that the application is complete, the community development director shall review the application for compliance with the criteria listed in paragraph (e) of this section. If the application demonstrates compliance, the community development director shall approve the tree removal permit within five days of certifying that the application is complete. The applicant shall post the tree removal permit on the property in a place that is visible from the public right-of-way throughout any tree removal activity.

(e)

Tree removal permit criteria. The following criteria, when attested to by a registered forester or certified, qualified arborist (ISA Certified Arborist), shall constitute grounds for issuance of a tree removal permit regardless of use or zone:

(1)

Trees potentially hazardous to surrounding trees, permanent structures, public utilities, rights- of-way, or persons due to a loss of stability caused by high wind, unstable soil, age, or other natural forces.

(2)

Diseased and/or infectious trees and trees in decline.

(3)

Trees or their root systems causing visible damage to permanent structures that cannot be prevented through proper pruning.

(4)

Trees or their root systems causing damage to utility lines that cannot be prevented through proper pruning.

(5)

Trees inhibiting access through a public right-of-way such that proper pruning cannot mitigate the condition.

(6)

Trees creating hazardous conditions on pedestrian walkways underneath such trees due to excessive debris of a size and shape known to cause injuries from tripping and falling, as determined by the community development director.

(7)

The tree or its critical root zone are not within 25 feet of waters of the state.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose. This section documents the procedures for issuance of sign permits for signs that comply with this section and article VI, division 8 of this UDO.

(b)

Applicability. Except as otherwise provided in the sign regulations of this UDO, no sign may be erected, moved, enlarged or substantially altered except in accordance with the provisions of this section. Mere repainting, changing the message of a sign, or replacing a sign face with a sign face of the same type and dimensions shall not be considered a substantial alteration. Changes to the location, height, width, thickness or structure of the sign shall be considered substantial changes.

(c)

Initiation. An applicant shall submit an application complying with the provisions of Appendix D.

(d)

Master and common signage plans.

(1)

Purpose. Large-scale development projects may benefit from implementing a master or common signage plans that establish a coordinated set of sign design requirements for multi-tenant or multi-owner projects.

(2)

Applicability. Master and common signage plans may be established for development in B-2, C-I, PD, I-1 and I-2 zoning districts. Master signage plans apply to developments where all properties are under control of a single person or entity at the time of application and the standards of the master signage plan will be applied to future owners, tenants and users of the property. Common signage plans apply where the owners of two or more contiguous (disregarding intervening streets and alleys) lots file with the county a common signage plan conforming with the provisions of this section

(3)

Effect of a master or common signage plan. Where a master or common signage plan has been approved, no permit shall be issued for an individual sign requiring a permit unless it conforms to the plan as approved by the county.

(4)

Incentive for submittal of a master or common signage plan. Up to 20 percent more sign area than would be otherwise allowed by this UDO may be approved for a development subject to a master or common signage plan.

(5)

Submittal requirements. A master or common signage plan application shall include the following information:

a.

An accurate plot plan of the lot at such scale as the county may reasonably require.

b.

Existing and proposed locations of buildings, parking lots, driveways, and landscaped areas on such lot.

c.

Computation of the maximum total sign area, the maximum area for individual signs, and the allocation of sign area to freestanding and wall signs for each lot or business within a multi-tenant parcel.

d.

For freestanding signs, the height of signs, and the number, location, lighting, dimensions, materials, and design of freestanding signs allowed on the lot(s) and buildings included in the plan and a general description of the design of all signs which are proposed to be erected or installed on the property.

e.

For wall signs and other allowed signs that are attached to structures, a coordinated set of design standards for signs that meet or exceed the standards that would otherwise be required under this UDO. While there may be some variation in the shapes, colors, and materials used in signs to accommodate diverse users, the master or common signage plan shall specify the minimum requirements for each type of sign allowed so that signs appear to be a coordinated design element of the development.

(6)

Limit on freestanding signs under master signage plan. The master signage plan shall limit the number of freestanding signs to one per parcel or, where parcels have more than 500 feet of street frontage, one per 500 feet of frontage or fraction thereof.

(7)

Limit on freestanding signs under common signage plan. The common signage plan, for all lots with multiple uses or multiple users, shall limit the number of freestanding signs to a total of one for each street on which the lots included in the plan have frontage. For projects with intervening streets, one freestanding sign may be allowed on each side of a street frontage.

(8)

Other provisions of master or common signage plans. The master or common signage plan may contain such other restrictions as the owner(s) of the lots may reasonably determine.

(9)

Consent. The master or common signage plan shall be signed by all owners or their authorized agents in such form as the county shall require.

(10)

Joint processing. A master or common signage plan shall be included in any site plan, planned development plan, or other official plan required by the county for all proposed commercial development and shall be processed simultaneously with such other plans. The master signage plan for a planned development shall be submitted for review and approval in conjunction with the preliminary development plan.

(11)

Amendment. A master or common signage plan may be amended by filing a new master or common signage plan that conforms with all requirements of this UDO then in effect. Amendments shall be reviewed and acted upon by the community development director; provided, however, that any amendment to a master signage plan for a planned development that is determined to be a significant deviation from the plan approved in conjunction with a preliminary development plan of a planned development may be referred to the board of commissioners for review and action at the director's discretion.

(12)

Existing signs not conforming to master or common signage plan. When a master or common signage plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance all signs not conforming to the proposed amended plan or to the requirements of this UDO within three years of approval of the application.

(13)

Binding effect. After approval of a master or common signage plan, no sign shall be erected, placed, painted, or maintained on the property referenced by the plan, except in conformance with such plan and such plan may be enforced in the same way as any provision of this section. In case of any conflict between the provisions of such plan and any other provision of this UDO, this section shall have precedence and control.

(e)

Substitution of noncommercial speech for commercial speech. Notwithstanding anything contained in this section or sign code to the contrary, any sign erected pursuant to the provisions of this section or sign code, or otherwise lawfully existing with a commercial message, may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign type.

(f)

Content neutrality as to sign message. Notwithstanding anything in this section or sign code to the contrary, no sign or sign structure shall be subject to any limitation based on the content of the message contained on such sign or displayed on such a sign structure unless the sign's shape, message or imagery are determined by the community development director to be obscene pursuant to section 114-664.

(g)

Signs excluded from regulation. See section 114-663 for a listing of signs that are exempt from certain sign regulations.

(h)

Approval. After the community development director determines that the sign complies with the requirements of this UDO, the building official shall review the application for compliance with building and electrical code compliance prior to issuing a sign permit.

(i)

Effect of approval. The work authorized under a sign permit must be begun within three months of its issue date and must be completed no more than one year after the permit issue date, otherwise the permit shall lapse and be void.

(j)

Inspection.

(1)

The county shall inspect each sign for which a permit for a new sign, or for modification of an existing sign, is issued. Such inspection shall include a zoning inspection, as well as applicable building code inspections.

(2)

All outdoor advertising and freestanding signs shall be subject to a footing inspection prior to erection of the sign. All signs shall be subject to a final inspection to ensure that they comply with the sign permit and all applicable provisions of County Code. The building official shall direct the applicant to bring non-compliant signs into compliance within a specified time upon determining that the sign does not comply with the terms of the permit. Upon failure to do so, the permit shall be revoked, and the sign removed.

(k)

Non-conforming signs. Non-conforming signs are subject to the provisions of section 114-671.

(l)

Discontinued signs. Upon the discontinuance of business occupancy of an establishment for a consecutive period of six months, the building official shall require the removal of the on-premises sign(s) advertising or identifying the establishment. If the owner fails to remove the sign, the building official shall give 30 days' notice to the property owner to remove the sign(s), including all its attendant supports, frames and hardware. Failure to remove the sign(s) within the 30 day period shall constitute a violation of this UDO and shall be remedied in accordance with the provisions of this UDO. If a new establishment will use the sign, the owner of the property must submit to the community development department a letter requesting the sign be allowed to remain, identify the new establishment, timeframe for the new establishment commencing operation, and acknowledging the sign will need to meet current regulations and standards. The community development director may grant the property owner a maximum of one year to demonstrate the new establishment has commenced operations, and the sign complies with current regulations. No extensions shall be granted. If the new establishment does not commence operations within the year, the property owner must remove the sign within 30 days. Failure to do so will constitute a violation of this UDO and shall be remedied in accordance with the provisions of this UDO.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose. This section documents the procedures for issuance of home occupation permits for uses that comply with this section and section 114-707 of this UDO.

(b)

Applicability. No home occupation may be established, enlarged or substantially altered except in accordance with the provisions of this section. If any retail sales are proposed or the home occupation will have on-site customers, the applicant shall be required to secure a conditional use permit pursuant to article III, division 4 as provided in section 114-707. The conditional use permit shall establish conditions under which on-site customers or retail sales may occur.

(c)

Initiation. An applicant shall submit an application complying with the provisions of Appendix D to the community development director.

(1)

Applications may be initiated by the owner or occupant of a residence. However, written approval from the current property owner shall be required as part of any application for a home occupation.

(2)

The community development director shall review the application and shall determine if the application is complete pursuant to section 114-213.

(d)

Review and action. If the application complies with all applicable provisions of this UDO, the community development director may approve the home occupation permit, approve the application subject to conditions or disapprove the application.

(e)

Effect of approval. Home occupation permit approval authorizes the applicant to conduct the subject home occupation subject to the conditions of approval. If the occupation is not established within 12 months of approval, the approval lapses.

(f)

Appeals. An applicant may appeal the decision of the community development department to the board of adjustment pursuant to article III, division 6.

(g)

Business license and occupation tax. If a home occupation permit is granted, the applicant is responsible for obtaining the required business license and paying the annual occupation tax. Failure to maintain the required business license and payment of annual occupation tax shall result in a termination of the home occupation permit.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose. This section documents the procedures for issuance of a temporary use or special events permit for uses that comply with this section and section 114-744.

(b)

Applicability. No temporary use or special event may be established, enlarged or substantially altered except in accordance with the provisions of this section.

(c)

Initiation. An applicant shall submit an application complying with the provisions of Appendix D to the community development director.

(1)

Applications may be initiated by the owner or the proposed operator of the temporary use or special event. However, written approval from the current property owner shall be required as part of any application for a temporary use or special event permit.

(2)

The community development director shall review the application and shall determine if the application is complete pursuant to section 114-213.

(d)

Review and action. If the application complies with all applicable provisions of this UDO, the community development director may approve the temporary use or special event permit, approve the application subject to conditions, disapprove the application or, upon determining that the proposed use will obstruct traffic or interfere with emergency access, forward the application to the board of commissioners for review and action at the board's next public meeting. A public hearing will not be required, but the Chairman of the board of commissioners or the county administrator may schedule public hearing if they determine public comment is necessary.

(e)

Effect of approval. Temporary use or special event permit approval authorizes the applicant to conduct the use subject to the conditions of approval. If the temporary use or special event is not held on the date(s) specified in the application, the approval is void, and the applicant must obtain a new permit.

(f)

New permit required. If the special event is not held on the date(s) specified in the application, the applicant must obtain a new permit.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)

(a)

Purpose. A land disturbance permit is required pursuant to chapter 111 of the County Code to ensure compliance with state and local requirements for erosion, sedimentation, and stormwater management, in addition to the county's tree preservation requirements as established in section 114-634.

(b)

Applicability.

(1)

No clearing of land, grading, or filling may occur until a land disturbance permit has been issued by the engineering director in accordance with chapter 111 of the County Code.

(2)

Erosion and sedimentation controls shall be required on all sites in accordance with chapter 111, the Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.) in addition to all other outside agency approvals being obtained prior to land disturbance commencing.

(c)

Types of permits. The county has three types of land disturbance permits. These permits are:

(1)

Clearing and grading permit - A clearing and grading permit allows an applicant to clear and grade a site, including removing trees stumps. An applicant shall submit an application for a clearing and grading permit in compliance with the requirements in Appendix D. As a condition of the permit, an applicant will have to post a restoration bond in an amount approved by the engineering director.

(2)

Road construction permit - A road construction permit allows an applicant to clear and grade a site and construct a new road, including the installation of underground utilities (water, sewer, electrical, cable, gas, stormwater) or install improvements and/or repairs related to existing roads. For roads that are part of a major subdivision, the applicant shall comply with the process identified in section 114-366.

(3)

Site development permit - A site development permit allows an applicant to clear and grade a site and install infrastructure and other improvements not associated with a major subdivision. An applicant shall submit an application for a site development permit in compliance with the requirements in Appendix D. The process for approval shall follow the construction plan approval process identified in section 114-366, otherwise all other applications shall comply with section 114-429.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose and applicability. All development shall comply with the provisions of chapter 105 of the County Code to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1)

Require uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(2)

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

(3)

Control grading activities and other development which may increase erosion or flood damage;

(4)

Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or may increase flood hazards to other lands; and

(5)

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters.

(b)

Procedures. Permits for development within the bounds of a special flood hazard area (SFHA) shall comply with the procedures and standards of chapter 105 of the County Code.

(c)

Appeals. Appeals to the engineering director's decisions on floodplain development permits shall be heard by the building and construction board of appeals.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

General applicability. Traffic studies may be required in conjunction with a subdivision, planned development, conditional use permit, rezoning, or site plan application if projected traffic from a development reaches the thresholds established in paragraphs (c) and (d) of this section. Exhibit 428 summarizes the process for traffic study review

Exhibit 428: Traffic Study Review Process Summary

(b)

Types of studies.

(1)

Traffic Impact Analysis - for projects having impacts on major roads, multiple roads, or multiple intersections.

(2)

Traffic Design Analysis - for projects having more localized impacts and focused on ingress, egress and abutting intersections.

(c)

Traffic impact analysis (TIA) purpose and applicability.

(1)

Purposes: The purposes of a TIA will be to:

a.

Evaluate traffic operations and impacts at site access points under projected traffic loads;

b.

Evaluate the impact of site-generated traffic on affected intersections in the impact area;

c.

Evaluate the impact of site-generated traffic on the quality of traffic flow on public roads located in the impact area;

d.

Evaluate the impact of the proposed development on residential roads in the impact area;

e.

Ensure that site access and other improvements needed to mitigate the traffic impact of the development meet commonly accepted engineering design standards;

f.

Ensure that adequate facilities for pedestrians, transit users and bicyclists have been provided; and

g.

Identify transportation infrastructure needs and related costs created by the development and cost sharing for needed improvements.

(2)

Applicability: A TIA will be required to be submitted and approved by the director of engineering prior to approval of a sketch plat, zoning map amendment, conditional use permit, planned development plan, or site plan for development that exceeds the following thresholds in one or more development applications submitted for a parcel or contiguous parcels under common ownership at the time of the adoption of this UDO or at the time of the development application:

a.

The proposed development will generate more than 1,000 average daily trips at full occupancy, according to most current version of the ITE Trip Generation Manual or comparable research data approved by the engineering director; or

b.

The proposed development will concentrate 300 or more trips per day through a single access point

(d)

Traffic design analysis (TDA) purpose and applicability. All development projected to generate 200 average daily trips more than existing conditions that does not require a TIA shall be required to complete a traffic design analysis (TDA). The purposes of a TDA will be to:

(1)

Ensure that the proposed road layout is consistent with adopted road design standards;

(2)

Ensure the proper design and spacing of site access points and identify where limitations on access should be established;

(3)

Ensure that potential safety problems have been properly evaluated and addressed;

(4)

Ensure that internal circulation patterns will not interfere with traffic flow on existing public roads;

(5)

Ensure that appropriate facilities for pedestrians, transit users and bicyclists have been provided in plans for the development; and

(6)

Identify the transportation infrastructure needs and related costs created by the development.

(e)

Waiver. The engineering director may waive requirements of a TIA or TDA upon the receipt and review of such written request accompanied by supporting documentation from the applicant's traffic engineer, which provides sufficient data in determining that the analysis is not necessary to determine needed road improvements, that adequate capacity exists to serve the proposed development, and that no unsafe or hazardous conditions will be created by the development as proposed.

(f)

Preparation. The cost of TIA or TDA preparation shall be the responsibility of the applicant. The applicant shall retain the services of a qualified traffic engineer approved by the engineering director. TIAs and TDAs shall be sealed by a Georgia licensed professional civil engineer.

(g)

Traffic level of service standards. The standards for traffic service that shall be used to evaluate the findings of a TIA or TDA are:

(1)

Level of service. Level of Service D (LOS D) or less congested shall be maintained on all arterial and collector road segments and intersections. LOS C or less congested shall be maintained on all other road segments and intersections. For multi-phase developments, the applicable levels of service shall be maintained for each phase.

(2)

Number of access points. The spacing of access points shall comply with applicable county, state and AASHTO standards.

(3)

Internal circulation. On-site vehicle circulation and parking patterns shall be designed so as not to interfere with the flow of traffic on any public road and shall accommodate all anticipated types of site traffic at projected volumes.

(4)

Safety. Access points shall be designed to provide for adequate sight distance and appropriate facilities to accommodate acceleration and deceleration of traffic using the site.

(5)

Curb space use plan. Details shall be provided for curb space use on public roads along the development site when such areas will be used for parking, parking space access, delivery and loading zones, passenger zones, bus stops, fire zones and/or other official/emergency zones. The curb space use plan shall include a description of existing conditions prior to development, and proposed changes resulting from the development, including a description of any loss or gain in curb space use by the activities intended.

(h)

Traffic analysis contents. A TIA shall be based on peak hour traffic and shall contain information addressing the factors listed below.

(1)

Project and site description. The analysis shall contain illustrations and narrative that describe the characteristics of the site and adjacent land uses as well as expected development in the impact area that will influence future traffic conditions. A description of the proposed development including but not limited to access plans, staging plans and an indication of land use and intensity, shall be provided.

(2)

Impact area. The analysis shall identify the geographic area under study and identify the roadway segments, critical intersections and access points to be analyzed. The study shall include: all road segments, intersections and driveways on or within 150 feet of the site; all collector or arterial roads and road intersections within one-half mile of the site; and all arterial roads and intersections that the proposed development is projected generate five percent or more of the peak hour traffic. If the engineering director determines the proposed project will have regional impacts, they may require the impact area be expanded.

(3)

Existing traffic conditions. The analysis shall contain a summary of the data used in the analysis of existing traffic conditions, including:

a.

Existing demand, including traffic count and turning movement information, and the source of and date when traffic count information was collected;

b.

Roadway characteristics, including the design configuration of existing roadways, existing traffic control measures (speed limits, traffic signals, etc.) and existing driveways and turning movement conflicts in the impact area; and

c.

The existing LOS for roadways and intersections without project development traffic using methods documented in the Special Report 209: Highway Capacity Manual, published by the Transportation Research Board, or comparable accepted methods of evaluation. LOS shall be calculated for the weekday a.m. and p.m. peak hours and, in the case of uses generating high levels of weekend traffic, the Saturday or Sunday peak hour may be required as determined by the engineering director.

(4)

Traffic assignment. The TIA shall identify projected peak hour traffic volumes for applicable roadway segments, intersections and driveways in the Impact area. Applicable road segments, intersections and driveways and traffic distribution assumptions shall be identified by the engineering director prior to completion of the study. Projected trip generation shall be based on latest data from the ITE or other studies as approved by the engineering director. This section will document all assumptions affecting the direction, volume and mode split of traffic generated by the project.

(5)

Analysis. The analysis shall be based on a two and five year projections for projects with localized impacts. For projects with potential regional impacts, a ten and 20 year projections shall be used. The engineering director shall have final authority to determine if a project has local or regionalized impacts. The analysis shall compare existing demand plus projected demand plus proposed demand with planned capacity for the applicable projections.

(6)

Mitigation alternatives. In situations where the LOS standards are projected to be exceeded, the analysis shall evaluate each of the following alternatives for achieving the traffic service standards:

a.

Identify additional right-of-way and road improvements needed to implement mitigation strategies;

b.

Identify suggested phasing of development and transportation improvements where needed to maintain compliance with LOS standards;

c.

Identify the anticipated cost of recommended improvements; and

d.

For developments impacting constrained facilities, identify access, pedestrian, transit or other improvements required to mitigate the impacts of the proposed development on the constrained facility.

(i)

TDA contents. A TDA shall include the information required for a TIA, except as modified by the engineering director. The study area for a TDA shall include all road segments, intersections and driveways on or within 150 feet of the site.

(j)

Process for the review and preparation. The following steps provide an outline of the steps to be included in the preparation and review of a traffic analysis:

(1)

The applicant shall meet or correspond with the engineering director to determine whether a TIA or TDA needs to be prepared for a proposed development application, and to identify study issues, assumptions, projections and time periods to be analyzed, analysis procedures, available sources of data, past and related studies, report requirements and other topics relevant to study requirements. GDOT shall be contacted and coordinated with, as appropriate, when the proposed development is adjacent to and/or impacts a GDOT right-of-way. The engineering director must approve the scope and impact area of the TIA or TDA prior to submittal.

(2)

Following initial completion of a traffic study, the report shall be submitted to the engineering director for distribution to all jurisdictions involved in the construction and maintenance of public roadways serving the development.

(3)

Within 30 days, the engineering director shall provide comments to the applicant. The applicant shall be responsible for responding to the comments. A meeting to discuss the contents and findings of the report and the need for additional study may be requested by the applicant. The applicant shall be responsible for submitting a revised draft, and the TIA or TDA shall not be considered final until the engineering director and GDOT, as required, have approved the TIA or TDA.

(4)

Within 30 days of the engineering director determining the TIA or TDA is final, the engineering director shall identify which recommendations in the TIA or TDA the applicant will be required to implement. The identified recommendations shall be incorporated into the staff report or staff approval for the applicable application.

(5)

In the case of a TIA or TDA showing deficiencies requiring mitigation within the public right-of-way, negotiations based on the conclusions and findings resulting from the TIA or TDA shall be held with appropriate county staff. The subsequent development approval or, at the option of the applicant, a development agreement, shall identify the applicant's and the county's responsibilities for implementing identified mitigation measures.

(k)

Findings and mitigation measures. If the proposed development will not meet applicable service level standards, the engineering director shall recommend denial of the application unless the applicant submits a mitigation plan that, in the opinion of the engineering director, addresses the deficiency through one or more of the following actions:

(1)

Reduce the size, scale, scope, or density of the development to reduce traffic generation;

(2)

Divide the project into phases and with only one phase at a time being authorized until traffic capacity is adequate for the next phase of development;

(3)

Dedicate right-of-way for road improvements;

(4)

Construct new road improvements;

(5)

Expand the capacity of existing roads and/or intersections;

(6)

Redesign ingress and egress to the project to reduce traffic conflicts;

(7)

Alter the use and type of development to reduce peak hour traffic;

(8)

Reduce background (existing) traffic;

(9)

Eliminate the potential for additional traffic generation from undeveloped properties in the impact area; or

(10)

Integrate non-vehicular design components (e.g., pedestrian and bicycle paths or transit improvements) to reduce trip generation.

(l)

Proportionate share responsibility. If the engineering director determines that requiring the applicant to construct or fund 100 percent of the improvement would not be proportionate to the project's impact to applicable transportation infrastructure, the engineering director shall establish a proportionate (fair) share cost, and the applicant shall mitigate the impact by paying the fair share of the cost of the improvement. The applicant will be required to enter into a traffic mitigation agreement in format acceptable to the county.

(m)

Appeals. Appeals to the engineering director's decision shall be heard by the building and construction board of appeals.

(n)

Validity. TIAs and TDAs shall be valid for one year from the date of approval. The engineering director may require an updated TIA or TDA if development has not commenced within one year, and there has been a significant change in circumstances, e.g., increase in background traffic, improvements to transportation network, change in project scope, etc. If five or more years have elapsed since the TIA or TDA was approved and development has not commenced or phases of the project have not been started, an updated TIA/TDA shall be required subject to the scope established by the engineering director. For multi-phased projects, the engineering director shall determine when and if development has commenced within the five-year period.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Purpose. This section documents the procedures for issuance of a road encroachment permit to ensure that access to and construction within public right-of-way is done in a safe manner that is consistent with this UDO and other applicable requirements of the County and State.

(b)

Applicability. No work or construction activity related to the installation of any new improvements, and/or enlarging/substantially altering any existing improvements within a county right-of-way is permitted until a road encroachment permit is issued in accordance with the provisions of this section.

(c)

Initiation. An applicant shall submit an application complying with the provisions of Appendix D to the engineering director. Applications may be initiated by the owner or agent of the property abutting the right-of-way in which the work is proposed.

(d)

Review and action. If the application complies with all applicable provisions of this UDO for submittal requirements, the engineering director may approve the application, approve the application subject to conditions, disapprove the application, or request additional documentation in order to make a determination.

(e)

Effect of approval. The road encroachment permit shall be valid for six months. If the proposed work is not completed within this timeframe, the engineering director may renew the permit for an additional six months at the request of the applicant if just cause is shown.

(f)

Appeals. Appeals to the engineering director's decision shall be heard by the building and construction board of appeals.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Applicability. This section applies to a department with administrative duties under the Code, an ordinance, or another law. A department may adopt technical standards or rules to implement, administer, enforce, or comply with the Code, an ordinance, or another law for which the department is responsible.

(b)

Posted notices. The applicable department director shall post notice of new or amended standards or rules on the county website used for notice of public meetings and shall record on the notice the date and time that the notice was posted.

(c)

Notice by mail. The departments shall email a copy of a notice posted under this UDO to a person if the person makes a written request to the department to be notified. Unless a person requests notice by the United States Postal Service mail, the department will provide notice by e-mail. If a person requests notice by the United States Postal Service mail, the person shall pay a fee established by separate ordinance for the notice.

(d)

Notice contents. The notice must include:

(1)

The text of the proposed technical standard or rule, indicating changes from the current text, if any, or a statement that the text is available from the department for public inspection or copying, and the manner and cost of obtaining a copy;

(2)

A brief explanation of the standard or rule, or a statement that the explanation of the rule is available from the department for public inspection or copying, and the manner and cost of obtaining a copy;

(3)

A request for comments on the rule from the public, listing the name, e-mail address, and telephone number of the person to whom comments should be submitted and the last date by which comments may be submitted.

(e)

Period for comments. Public comments on a proposed standard or rule must be received not later than the 31st day after the date that public notice of the rule was posted.

(f)

Response to comments. Before a technical standard rule is adopted, the department shall prepare:

(1)

A list showing the name of each person who filed a written comment on the rule, and, if it can be determined, whether the person was for or against adoption of the rule as proposed;

(2)

A summary of written comments received from the public; and

(3)

A justification of the adopted rule, and the reasons why the department may disagree with written comments that it received.

(g)

Adoption of a technical standard or rule. After the period for public comment has expired, a department may adopt a technical standard or rule as proposed or it may adopt an amended version of a proposed standard or rule.

(h)

Notice of adoption. The notice of technical standard or rule adoption shall be signed by the director of the department adopting the rule, posted on the county's website used for public notices, and must include:

(1)

A statement that the rule is adopted and the effective date;

(2)

The text of the adopted rule, indicating changes, if any, from the text of the rule as originally proposed, or a statement that the text is available from the department for public inspection or copying, and the manner and cost of obtaining a copy;

(3)

If the adopted rule is different than the proposed rule, a brief explanation of the reasons for the changes, or a statement that the explanation is available from the department for public inspection or copying, and the manner and cost of obtaining a copy;

(4)

A statement of whether written comments were received from the public; and if comments were received, the department's response to the comments, or a statement that a copy of the comments and the department's response to the comments are available from the department for public inspection or copying, and the manner and cost of obtaining a copy; and

(5)

A statement that the adopted rule may be appealed to the county administrator in accordance with the procedures set forth in this chapter, and a brief explanation of the appeal procedure.

(i)

Failure to adopt a technical standard or rule. If a proposed technical standard or rule is not adopted on or before the 70th day after notice of the proposed rule was posted, the standard or rule may not be adopted until a new notice and comment period is provided.

(Ord. No. 06-2020, § 3, 12-8-2020)

No structure shall be constructed, altered, repaired, equipped, used, occupied, located, maintained, removed or demolished except in compliance with chapter 103 of the County Code. Building permits shall be required prior to initiation of applicable structural work. A certificate of occupancy shall be required prior to the habitation or occupancy of a building or structure.

(Ord. No. 06-2020, § 3, 12-8-2020)