This UDC sets forth the procedures for receiving, reviewing, and rendering decisions on development proposals and permits. Chapter 108 describes the plan approval process, permit procedures and required inspections. It is the city's intent that the procedures and requirements set forth in this UDC shall be followed in order to seek approval for any development.

(Ord. No. 2014-18, § 2, 8-21-2014)

Development proposals shall be reviewed in a timely manner for compliance with the standards adopted by the Canton City Council through the plan approval process prior to any development of land and before any development permits may be issued. The remainder of this section describes the requirements and process in general so that designers and developers may be familiar with this information in order to enhance the efficiency and effectiveness of the approval process.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Proposed development shall meet the requirements of this UDC.

B.

All fees associated with the plan approval process shall be determined by city council.

C.

The plan approval process includes the approval of the following types of plans and plats:

1)

Concept plans (preliminary plan approval).

2)

Civil/site plans.

3)

Final plats.

4)

As-built plans.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The following types of development or land subdivisions shall be submitted for approval by the city but are exempt from the plan approval process:

1)

Development of an individual residential lot which does not result in the creation of a public or private street, or is not part of part of a subdivision or phased development project.

2)

A minor subdivision, as defined in this UDC.

3)

Combination of two or more lots into one.

4)

Boundary line adjustments between two lots.

B.

Exempted development or land subdivisions identified in subsection A above shall meet the requirements of the plat review process described in section 108.05.00 of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Purpose. The purpose of reviewing concept plans is to ensure compliance with the basic design concepts and improvement requirements of subdivisions and land developments prior to investing in preparing civil/site documents and to reduce the overall number of document revisions prior to approval.

B.

Concept plans are recommended to be reviewed by the development review team (DRT) prior to submitting civil/site documents for any development that includes one or more of the following elements:

1)

Dedication of a public street.

2)

Installation of public infrastructure.

3)

Subdivision constituting a larger common plan of development, including mixed use districts as defined in chapter 102 of this UDC.

4)

Installation of a stormwater management facility.

5)

Complex commercial projects.

C.

Process. The following steps outline the required concept plan submittal, review and approval process:

1)

Request preliminary review.

a.

Applicant requests preliminary review and schedules a meeting with the DRT through the engineering department.

b.

The DRT shall include representatives from city departments or divisions, including but not limited to engineering, planning and zoning, building, fire, police, stormwater management, as well as the Georgia Soil and Water Conservation Commission (GSWCC).

2)

Plan submittal. Fourteen days prior to the preliminary review meeting, the applicant shall submit the following to the engineering department in order for the city to accept the plan:

a.

Completed application form. Application forms are available at the engineering department and on the official City of Canton, Georgia website.

b.

Concept plans at a scale of one inch equals 100 feet minimum, including:

i.

A digital version of the concept plan.

ii.

Eight paper copies of the concept plan, sized 24 inches by 36 inches or 30 inches by 42 inches.

c.

Plan review fee payment based on type of plan.

d.

All plans submitted must be complete. Failure to submit complete plans shall result in a delay of the reviewing process.

3)

Plan specifications. Concept plans shall, at a minimum, include the following components, which are more fully described in section 108.03.00:

a.

Basic information and location map.

b.

Property boundaries and easements.

c.

Zoning and land use.

d.

Water resources, stream buffers and floodplain.

e.

Topography.

f.

Road/streets, ROW and utilities.

g.

Buildings and structures.

h.

Open space and amenity areas.

i.

Off-street parking and loading.

j.

Stormwater management. see also the stormwater system standards and requirements section in chapter 109, Design Standards: Streets and Stormwater Systems for stormwater concept plan and consultation meeting requirements.

4)

Preliminary review meeting. The applicant shall attend the meeting and receive comments from the plan approval team to assist with the preparation of civil/site documents. Review criteria include the following:

a.

Compliance with this UDC, including but not limited to densities, height restriction, lot size, setbacks, buffers, roadway access, overlay districts, uses, streets, open space requirements.

b.

Compliance with all conditions of zoning, terms and conditions of development agreements, all conditions of variances or appeals.

c.

Compliance with relevant provisions of the City of Canton Code of Ordinances.

d.

Provisions made for water supply and sewage disposal that will meet federal, state and local regulations.

e.

Whether proposed roads provide safe, convenient, and functional system for vehicular, pedestrian, and bicycle circulation and are otherwise consistent with the City of Canton Comprehensive Plan and the City of Canton Major Thoroughfare Plan.

f.

Proposed development makes accommodations for areas unsuitable for development due to the likelihood of flooding or improper drainage, or due to rock formations, topography, utility easements or other characteristics that would render development of these areas harmful to the safety, health and general welfare of the general public and the citizens of the City of Canton.

D.

Resubmittal. Concept plans and related comments will be kept on file for one year. After one year, applicants shall resubmit a concept plan prior to submitting construction documents.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Purpose. Civil/site documents are intended to document the detailed design and construction required for an individual building or subdivision.

B.

Process. The remaining section outlines the submittal, review and approval process. The steps, as outlined in subsections C through I, are required to be followed in the order and manner described.

C.

Plan submittal. Applicant shall submit a completed application package to the engineering department. A code number will be assigned to assist in tracking plans during process. All plans submitted must be complete. Failure to submit complete plans shall result in a delay of the reviewing process. The application package shall include:

1)

Completed application form. Application forms are available at the engineering department and on the official City of Canton, Georgia website.

2)

Civil/site documents. Final plats at a scale of one inch equals 100 feet minimum shall be submitted to the engineering department.

a.

A digital version of the documents is required.

b.

Eight complete sets (paper copies), sized 24 inches by 36 inches or 30 inches by 42 inches, are required. No other sizes will be accepted.

3)

Plan review fee payment based on the current review fee schedule depending on the type of proposed development.

4)

The centerline of the development entrance shall be located by nail and cap at the centerline or edge of pavement of the roadway that the development will access. Said nail and cap location shall be indicated on the submitted construction plans along with the date that the nail and cap were placed.

5)

A copy of the NPDES notice of intent (NOI) ensuring compliance with that state permit and a copy of either the certification indicating the developers' completion of a NPDES class thereby permitting him/her to monitor his/her own site or a copy of a contract from a professional engineer currently registered on the State of Georgia stating that he/she been hired to monitor the development.

6)

A copy of a certificate indicating the completion of one of the following:

a.

The University of Georgia Erosion Control Course.

b.

NPDES certification.

c.

The Georgia Department of Transportation Work Site Erosion Control Supervisor Course.

7)

A letter of approval from the Cherokee County Environmental Health Department must be submitted with the construction plans to address developments containing septic tank systems. On-site waste water systems shall not be approved where sewer is considered available to a project.

8)

A copy of the developer's contract or a letter of commitment from a professional geo-technical engineer currently registered in the State of Georgia.

9)

If a clearing and grubbing only permit is being requested, the applicant shall submit the erosion and sedimentation control plan as well as the tree save plan.

10)

The applicant is responsible for submitting all structural drawings and/or architectural building plans to the building department prior to any building permits being issued.

D.

Plan specifications. Civil/site documents shall, at a minimum, include the following components, which are more fully described in section 108.03.00:

1)

Basic information and location map.

2)

Property boundaries and easements.

3)

Zoning and land use.

4)

Water resources, stream buffers and floodplain.

5)

Topography.

6)

Road/streets, ROW and utilities.

7)

Stormwater management plan.

8)

Buildings and structures.

9)

Open space and amenity areas.

10)

Off-street parking and loading.

11)

Erosion, sedimentation and pollution control plan.

12)

Landscape and tree preservation plan.

E.

Completeness check. After the engineering department reviews the application package for completeness, the applicant will be contacted to schedule a technical review meeting.

F.

Plan routing and initial review.

1)

The city engineer enters the application into the tracking system, which assigns a code number to assist in tracking plans during the approval process.

2)

Development review members are notified that civil/site documents are distributed for review, the date of the technical review meeting and deadline for their comments. The City of Canton requires a minimum two-week review period.

3)

The DRT shall include representatives from the following departments and agencies based on the scope of the proposal:

a.

Stormwater management.

b.

Canton Planning and Zoning Division.

c.

Canton Building Division.

d.

Canton Engineering Department.

e.

Canton Utilities Department.

f.

Fire safety services manager.

g.

Canton Oversight Committee.

h.

USDA Natural Resource Conservation Services (GASWCC).

4)

Plan approval team members enter their review comments into the tracking system.

5)

Applicant may review comments from the online "track it" system as they are completed by individual team members. Applicant may note any comments that require clarification or further explanation.

G.

DRT meeting. Applicant shall attend the technical review meeting with the DRT to discuss and clarify comments prior to revising the civil/site documents.

H.

Plan revisions after technical review.

1)

Applicant shall submit revised civil/site documents to the engineering department.

2)

City staff logs in revisions and notifies DRT that they are available for review.

3)

DRT reviews revisions.

a.

If the revisions completely address comments, team members approve application.

b.

If comments are not addressed, applicant will receive comments through the online "track it" system. The applicant may contact individual departments for clarification. Any changes to the plans must be resubmitted to the engineering department for re-re-routing to the DRT.

c.

Team members indicate their approval in the tracking system.

I.

Plan approval.

1)

When revisions completely address comments, the applicant will be notified by the engineering department that all departments and agencies have approved the construction plans and final copies must be submitted for stamping.

2)

The applicant shall submit final copies. Final copies are stamped for LDP issuance. The approved set of plans does not constitute a land disturbance permit.

3)

The city engineer shall provide the applicant with an approval letter containing information about the LDP process and fees (see section 108.04.01).

4)

If land disturbance permit is not obtained within 6 months of plan approval, plan will be withdrawn. The city engineer can approve one six-month extension if requested prior to original expiration date.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2022-0317-01, 3-17-2022)

A.

Purpose. Final plats illustrate the final configuration of ROW and property lines in order for the property to be subdivided by recording the plan in the engineering office.

B.

Process. The remaining section outlines the final plat submittal, review and approval process. The steps, as outlined in subsections C through F below, are required to be followed in the order and manner described.

C.

Plat submittal.

1)

The applicant shall submit the following to the engineering department for review:

a.

Completed application form. Application forms are available at the engineering department and on the official City of Canton, Georgia website.

b.

Final plats at a scale of one inch equals 100 feet minimum, including:

i.

A digital version of the final plat.

ii.

Eight paper copies of the final plat, sized 18 inches by 22 inches.

c.

Plan review fee payment based on current fee schedule.

2)

Final plats will not be approved for recording until the development inspector has approved the public improvements on the property.

3)

At the time of final plat submittal, the as-built plans must be presented in accordance with section 108.02.07.

D.

Plat specifications. Final plats shall, at a minimum, include the following components, which are more fully described in section 108.03.00:

1)

Basic information and location map.

2)

Property boundaries and easements.

3)

Zoning and land use.

4)

Water resources, stream buffers and floodplain.

5)

Road/streets, ROW and utilities.

6)

Buildings and structures.

7)

Open space and amenity areas.

8)

Off-street parking and loading.

9)

Signature blocks and stamps.

E.

Review criteria. The final plat shall be reviewed for conformance with the approved civil/site documents, the requirements of this UDC, and any special conditions or restrictions imposed by the DRT, engineering department or any other reviewing entity.

F.

Plat approval.

1)

Final approval shall be granted provided the final plat is substantially the same as the approved civil/site documents or approved revisions, fulfills all conditions specified by the DRT, engineering department or any other reviewing entity and contains all of the specifications set forth in section 108.03.00.

2)

When the final plat is found to be in conflict with the approved site/civil documents or with this UDC, the final plat shall be disapproved. The subdivider will be provided with a statement of the reasons for disapproval along with the original plat. The final plat may be resubmitted for approval after corrections have been made.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Purpose. As-built plans document the final location of infrastructure and utilities; they shall be submitted for all developments prior to issuance to a certificate of occupancy.

B.

Process. The remaining section outlines the as-built submittal and review process. The steps, as outlined in subsections C through E below, are required to be followed in the order and manner described.

C.

Plan submittal.

1)

The applicant shall submit the following to the engineering department for review:

a.

Completed application form. Application forms are available at the engineering department and on the official City of Canton, Georgia website.

b.

As-built plans at a scale of one inch equals 100 feet minimum, including:

i.

A digital version of the plans.

ii.

Ten paper copies of the plans, sized 24 inches by 36 inches or 30 inches by 42 inches.

c.

Plan review fee payment based on current fee schedule.

D.

Plan specifications.

1)

As-built plans shall be prepared by an appropriate state approved professional certifying a field run survey of as-built conditions.

2)

As-built plans shall, at a minimum, include the following components, which are more fully described in section 108.03.00:

a.

Basic information and location map.

b.

Property boundaries and easements.

c.

Road/streets, ROW and utilities. As-built plans shall include storm sewer plans, sanitary sewer plans and profiles and vertical grade data, including storm drainage and detention structure and basins.

d.

Stormwater management.

e.

Buildings and structures.

f.

Off-street parking and loading.

g.

Landscaping and tree planting. As-built plans shall indicate the actual tree protection plan areas at the end of construction so they can be verified against the approved civil/site documents.

E.

Review criteria. The as-built plans shall be reviewed for conformance with the approved civil/site documents, the requirements of this UDC, and any special conditions or restrictions imposed by the DRT, engineering department or any other reviewing entity.

(Ord. No. 2014-18, § 2, 8-21-2014)

Plans and documents submitted for review in accordance with section 108.02.00 shall address each of the items listed below the relevant component, as described in this section.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Name of project, i.e. residential subdivision or proposed business, and project phases, if any.

B.

Project address, street addresses shall be obtained from Cherokee County.

C.

Land lot, section and district of subject property.

D.

Water flow test conducted by the fire safety services manager.

E.

Name, address and phone number of the property owner(s).

F.

Name, address and phone number of the developer or sub-divider, including 24-hour phone number to contact on civil/site documents or plans.

G.

Name, address and phone number of design professional responsible for preparing plans, including firm name and registration number.

H.

Date of submittal and most recent revisions.

I.

North arrow and graphic scale on all plans.

J.

Location map.

1)

Map of the area in the vicinity of the subject property with adjoining roads.

2)

Property boundary outline.

3)

Nearest major intersections.

4)

Scale.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2022-0317-01, 3-17-2022)

A.

Surveyed boundaries of the all tracts/lots and their relationship to adjoining properties, public rights-of-way, and easements. Exact boundary lines of the tract indicated by a heavy line giving lengths and bearings. Show field survey error of closure.

B.

Total acreage of property.

C.

Total number of lots.

D.

Proposed lot layout, with approximate dimensions.

E.

Lots shall be numbered consecutively across all units with no duplication of numbers. There will be no block lettering or phasing. Division will be made by units.

F.

Adjacent property owners and surrounding residential subdivisions.

G.

References to recorded subdivision plats of abutting land. Provide record name/plat book/page number.

H.

Location of all existing and proposed easements on the property and their purpose.

I.

Any city or county boundaries, utility lines, bridges, street culverts and similar features.

J.

Requirements specific to civil/site documents:

1)

Total disturbed acres.

2)

Lot areas in acres or square feet.

3)

Assigned addresses for all lots. Show on plan for multiple lots.

K.

Requirements specific to final plats and as-built plans:

1)

Unit lines, for subdivisions to be developed in units.

2)

Land lot lines or the nearest existing street intersection shall be tied to the subdivision by bearings and distances.

3)

Lot lines with dimensions to the nearest tenth foot and bearings to the nearest minute.

4)

Accurate locations and descriptions of all monuments and markers.

5)

References to any protective covenants, with deed book and page number or a statement indicating that there are no protective covenants.

6)

Name of former subdivision, if any or all of the land had been previously subdivided.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Zoning of subject property and surrounding properties, including if located within an overlay district.

B.

Proposed land use for subject property and current land use of surrounding properties.

C.

Indicate if residential subdivision is a conservation subdivision.

D.

Gross and net density in lots per acre.

E.

Minimum lot size or site area for zoning district.

F.

Front, side and rear setbacks for subject property, listed in notes and shown on a plan.

G.

Buffers between dissimilar land uses. Label width and designate as "land use buffer."

H.

Requirements specific for civil/site documents:

1)

Case number and scanned copy of city council resolution from map amendment or approval letter for any variances, if applicable.

2)

Indicate that all lots meet minimum lot width requirements.

I.

Water resources, stream buffers and floodplain.

1)

All streams (perennial and intermittent), rivers, lakes, wetlands and other hydrologic features within 200 feet of subject property.

2)

Any permanent ponds or lakes, required buffers and any private easements.

3)

Location of the 100-year floodplain, or a statement that no part of the property lies within the 100-year floodplain.

4)

Twenty-five-foot undisturbed state water buffer, 50-foot undisturbed city stream bank buffer and 75-foot impervious surface setbacks or note "there are no state waters on or within 200 feet of property."

5)

Etowah River buffers (100 feet), if applicable.

6)

Groundwater recharge areas, if applicable.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Topographic contours at the following intervals:

1)

Two-foot intervals (mean sea level) for civil/site documents.

2)

Location and mean sea level elevation based on NAVD88 and a benchmark.

3)

Areas that have slopes greater than or equal to 25 percent shall be identified as steep slopes and shall be subject to the requirements of the Hillside and Ridgeline Protection section in chapter 107, Resource Management.

B.

Proposed grading, if different than existing contours.

C.

General soil types.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

All existing roads, streets or alleys within 200 feet of subject property, showing right-of-way and pavement widths.

B.

Proposed street layout and inter-parcel connections. Private streets shall only be allowed within gated or secured developments. Street signs within these developments shall contain the words "Private Streets" on each sign.

C.

Existing and proposed sidewalks or trails that connect the subject property to neighboring areas.

D.

Deceleration lanes at development entrances, where required.

E.

Indication that utilities will be located underground or overhead.

F.

Proposed type of water and sanitary sewer service.

G.

Location of nearest existing fire hydrant with hydrant number (located on hydrant).

H.

Additional requirements specific to civil/site documents:

1)

Proposed street names verified with Cherokee County.

2)

The plan, profile and speed limit for the existing city road at the development entrance.

3)

Profiles and typical sections for all proposed streets.

4)

Proposed street grades.

5)

Proposed lengths of all vertical curves.

6)

Appropriate curve data for all streets.

7)

Stations at 100-foot intervals shall be shown.

8)

Vertical stopping sight distance at all proposed internal subdivision intersections.

9)

Dimensions of turning radii.

10)

Street horizontal curve radii.

11)

All radii, curb setbacks and taper details.

12)

Typical construction details, such as ROW paving details and curb/gutter details.

13)

Location of street signs, stop signs and speed limit signs.

14)

Intersection plans for intersections of proposed roads, showing topographic features, storm drainage, intersection geometry, existing and proposed contours, traffic control devices and signs, pavement markings, typical paving sections and other pertinent details.

15)

Future right-of-way, if additional right-of-way is required to bring an existing city road up to current standards.

16)

Details of temporary construction exits at all construction access points to public roads.

17)

The names of all utility companies serving the development.

18)

Standard utility placement cross section detail.

19)

Certification that a water flow test has been performed within the past 12 months.

20)

If the development will utilize on-site wastewater disposal, the location of all wells on or within 100 feet of the property shall be indicated, or a statement provided certifying that there are no such wells.

21)

Confirm compliance with the requirements for fire apparatus access as required by the International Fire Code as adopted by the City of Canton.

22)

See also the pre-construction requirements section in chapter 110, Design Standards: Water System (pertaining to water requirements).

23)

See also the plans section in chapter 111, Design Standards: Sewer System (pertaining to sewer requirements).

24)

Street light plan.

I.

Additional requirements specific to as-built plans:

1)

Table of dedication.

2)

Location of fire hydrants.

3)

In addition to subsection H.22 above, see also the water line inspection, testing and acceptance section in chapter 110, Design Standards: Water System (pertaining to water requirements).

4)

See also the plans section in chapter 111, Design Standards: Sewer System (pertaining to sewer requirements).

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2018-0920-02, 9-20-2018; Ord. No. 2022-0317-01, 3-17-2022)

See the post-development stormwater management section in chapter 109, Design Standards: Streets and Stormwater Systems for stormwater management plan requirements.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

All existing buildings, foundations, walls, wells, and other structures.

B.

All proposed buildings, indicating shape, size and setbacks. Show dimensions between buildings and property lines at a minimum of two building corners.

C.

All other proposed structures, such as retaining walls.

D.

Label each non-residential building with total gross square footage.

E.

Representative architectural sketches or renderings of typical proposed structures, signs, landscaping, screening and/or fencing may be required depending on zoning district.

F.

Requirements specific to civil/site documents:

1)

The proposed finished floor elevations of all buildings.

2)

The location, height and size of any proposed free-standing signs.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Total acres of open space.

B.

Distribution of open space between natural areas and civic spaces, if applicable.

C.

Location of all land to be reserved or dedicated for open space for recreation, public gathering places or natural wildlife habitat.

D.

Location of existing or proposed bikeways, pedestrian paths or other recreational facilities.

E.

See also the conservation subdivision/open space development section in chapter 107, Resource Management for open space requirements in conservation subdivision developments.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Show relevant parking requirements and parking calculations.

B.

Proposed off-street parking facilities, including the dimensions of the parking lot, location of parking spaces, and maneuvering aisles.

C.

Loading and unloading space(s), if applicable.

D.

A standard detail of a commercial driveway entering a street.

(Ord. No. 2014-18, § 2, 8-21-2014)

See the soil erosion, sedimentation and pollution control section (application/permit process subsection) in chapter 107, Resource Management.

(Ord. No. 2014-18, § 2, 8-21-2014)

See the landscape and buffer standards section (landscape plan requirements subsection) and the tree protection section (tree protection plan subsection) in chapter 103, Site Planning and Project Design Standards.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Appropriate state approved professional's stamp.

B.

State approved design professional's stamp and signature.

C.

Requirements specific to as-built plans:

1)

Surveyor's stamp and signature for as-built plans.

2)

Surveyor's certification statement.

3)

Owner's certification and dedication statements.

4)

Health department certification statement, if required.

5)

Community development department certification statement.

6)

Statement explaining plat changes, if the plat is being re-recorded.

D.

Requirements specific to final plats:

1)

Approval certificate. Upon approval of the final plat, a certificate, stamped directly on the plat, shall state:

"Pursuant to the Unified Development Code of the City of Canton, Georgia, and all requirements of approval having been fulfilled, this final plat was given preliminary approval on ________, 20___, and final approval by the Community Development Director and City Engineer and it is entitled to recordation in the Clerk's Office, Cherokee County Superior Court."

2)

Surveyor's certificate. A certificate by a surveyor directly on the final plat as follows:

"It is hereby certified that this plat is true and correct and was prepared from an actual survey of the property by me or persons under my supervision; that all monuments shown hereon actually exist or are marked as "future," and that their location, size, type and material are correctly shown; and that all engineering requirements of the Unified Development Code of the City of Canton, Georgia, have been fully complied with.

By: ___________ Registered Georgia Land Surveyor

No.: _____" Surveyor's Certificate.

3)

Owner's certificate. A certificate by the owner directly on the final plat, signed in an appropriate manner as follows:

"The owner of the land shown on this plat and whose name is subscribed hereto, in person or through a duly authorized agent, certifies that this plat was made from an actual survey, and that all State, City and County taxes or other assessments now due on this land have been paid. Said owner donates and dedicates to the public for use forever the street right-of-way as shown on this plat.

Owner Signed, sealed and delivered in the presence of:

______________________________

4)

Health department approval certificate.

"This final plat has been approved by the Cherokee County Health Department as being consistent with applicable state and local environmental health requirements.

______________________________
Director, Cherokee County Health Department"

5)

Private street notes and certificates (if applicable).

a.

"WARNING, the City of Canton has no responsibility to build, improve, maintain, or otherwise service the private streets, drainage improvements, and other appurtenances contained within the general public purpose access and utility easement or easements for private streets shown on this plat.";

b.

"Grant of Easement. The general purpose public access and utility easement(s) shown on this plat for private street(s) is hereby granted and said grant of rights shall be liberally construed to provide all necessary authority to the City of Canton, and to public or private utility companies serving the subdivision, for the installation and maintenance of utilities, including, but not limited to, electric lines, gas lines, telephone lines, water lines, sewer lines, cable television lines, and fiber optic cables, together with the right to trim interfering trees and brush, together with a perpetual right of ingress and egress for installation, maintenance, and replacement of such lines.

c.

The following certificate of dedication shall be required, unless the Canton City Council waives the dedication requirement:

"Certificate of Dedication. All water and sewer lines installed within the general purpose public access and utility easement(s) shown on this plat for private street(s) are hereby dedicated to the City of Canton.

d.

Requirement for purchaser's acknowledgement of private responsibilities. Prior to the sale or as a condition of the closing of a real estate transaction involving any lot served by a private street in the city, the subdivider or seller of said lot shall obtain a notarized purchaser's acknowledgement of private street construction and drainage maintenance responsibilities as set forth below. A copy of the purchaser's acknowledgement shall be retained by the purchaser and shall be required to be submitted as a condition of a building permit for a principal building on said lot:

"Purchaser's Acknowledgement of Private Street and Drainage Maintenance Responsibility

(I)/(We) have read the Declaration of Covenant which pertains to the lot that is the subject of this real estate transaction _______ (insert address or attach legal description). (I)/(We) understand that the Declaration of Covenant applies to the lot that (I am)/(we are) purchasing and requires (me)/(us) to provide a specified percentage or amount of the financing for the construction and maintenance of any private street and drainage facilities serving the lot which (I am)/(we are) purchasing, and that owners of other lots as depicted on this plat may sue for and recover those costs which this covenant requires (me)/(us) to pay, plus their damages resulting from (my)/(our) refusal to contribute, plus reasonable attorneys fees. (I)/(We) further understand that the City of Canton has no obligation to assist with the maintenance and improvement of the private street, drainage facilities, and other appurtenances within the general purpose public access and utility easement for the private road serving the lot in question. (I)/(We) understand that a copy of this purchaser's acknowledgement shall be required as a condition of the issuance of a building permit for a principal building on the lot (I am)/(we are) purchasing.

________________________
Purchaser

________________________
Purchaser"

6)

City officials. This plat has been found to be in accordance with all the rules, regulations of the City of Canton and is hereby approved for recording.

Date: Zoning Administrator _____   

Date: City Engineer _____   

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2018-0920-02, 9-20-2018)

A.

General.

1)

After civil/site documents are approved by the DRT, a developer or his authorized agent must apply for a land disturbance permit (LDP) prior to beginning any development activities.

2)

The development inspectors are charged with issuance of any LDPs and ensuring compliance with regulations through all phases of the permit.

3)

The City of Canton issues the following types of land disturbance permits:

a.

Timbering.

b.

Clearing and grubbing.

c.

Clearing and grading.

d.

Full site LDP.

4)

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the development inspector. The development inspector shall make the required inspections and shall either indicate the portion of the work that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this UDC. Any portions that do not comply shall be corrected before work continues on that portion.

5)

All permits shall be posted in a visible place so that they will be legible from the frontage roadway.

6)

Additional permits may be required for activities outside of the LDP process such as burning or blasting.

7)

Land disturbance permits expire after six months of no visible sign of progress. The city engineer can approve One six-month extension if requested prior to the original expiration date.

B.

Application and payment of fees.

1)

The following items shall be completed prior to applying for a land disturbance permit:

a.

Apply for NPDES permit to the state and the city at least 14 days prior to beginning construction.

b.

Applicant must bring the certificate of mailing and a copy of the NPDES check sent to the state.

2)

Once the application has been submitted and the fees have been paid, the applicant will request a pre-construction meeting.

C.

Pre-construction meeting.

1)

The developer is responsible for requesting a pre-construction meeting once the LDP application has been submitted and fees paid.

2)

The developer shall bring the approved set of civil/site documents to the pre-construction meeting.

D.

Pre-construction inspection.

1)

The developer is responsible for requesting a pre-construction inspection once the following items are completed:

a.

Advance warning signs posted with speed reduction advisory plates placed on connecting thoroughfares at 1,000 feet and 500 feet points on either side of the intersection.

b.

All buffers (state, city and those required by zoning) protected with orange tree save fencing material reviewed and approved by the development inspector.

c.

Construction exit installed and permit board posted.

2)

If the items listed under subsection D.1 above are not approved by the development inspector, the developer will have to complete the insufficient items, call for another inspection and pay a re-inspection fee in accordance with the fee schedule adopted by the Canton City Council.

3)

At the development inspector's discretion, the pre-construction meeting and inspection may be combined based on the scope of the project and level of experience of the developer.

4)

LDP card will be issued by the development inspector.

E.

Phase I: Clearing.

1)

The clearing phase of the project is when the developer clears the site of trees and vegetation according to the approved civil/site documents. The developer is also responsible during this phase for installing and maintaining required erosion and sedimentation control devices.

2)

During the clearing phase, only 50 acres may be disturbed at one time.

3)

The developer is responsible for completing the following items, if applicable, prior to the clearing inspection:

a.

All trees and other vegetation removed, mulched or burned.

b.

All Phase I erosion control measures installed.

c.

All sediment ponds installed, matted and grassed.

d.

Seven-day letter from the design engineer concerning all erosion control devices.

F.

Phase II and III: Grading.

1)

The grading phase of the project is when the developer reshapes the contours of the property, constructs public infrastructure elements and installs landscaping as shown on the approved civil/site documents. During this phase, the development inspector will be conducting on-going erosion control, stormwater and transportation inspections based on the pace of construction of the project.

2)

Erosion control inspections ensure the following items are installed and maintained as required:

a.

Active grassing every seven days on non-active disturbed areas.

b.

Silt fence.

c.

Check dams.

d.

Temporary ponds.

e.

Permanent ponds.

3)

Transportation inspections ensure the following items are installed according to the approved civil/site documents and City of Canton Specifications:

a.

Curb and gutter.

b.

Subgrade.

c.

Base.

d.

Asphalt.

e.

Entrances—Sight distance and water flows.

4)

Stormwater inspections ensure the following items are installed according to the approved civil/site documents and City of Canton Specifications:

a.

Pipes.

b.

Catch basins, inverts, grout, tops, BMP's, etc.

G.

Final site approval.

1)

The final site inspections ensure that all site improvements are complete and the project is ready to move into the maintenance period prior to city acceptance. These inspections will review the following:

a.

As-builts.

b.

Storm drains.

c.

Permanent grass.

d.

Silt fence removal.

e.

Water flow (easements/drainage and entrances).

f.

Pond inspection/letter/water quality.

g.

Street signs.

h.

Striping.

i.

Landscaping (reviewed by the zoning administrator).

j.

Retaining wall letters.

2)

The final site inspections shall only occur after the final plat and as-builts have been submitted.

3)

Upon the completion of paving, the developer shall request a final punch list in writing from the development inspector. The development inspector shall transmit the completed punch list along with the calculated maintenance guarantee amount.

4)

If the development inspector finds upon inspection that all improvements meet the city requirements, the inspector shall provide written "notice of acceptance" to the developer.

5)

The developer shall post the maintenance guarantee before the final plat is recorded (see also section 108.04.02).

6)

If the development inspector finds, upon inspection, that the improvements do not meet the city requirements, the inspector shall provide the developer with written notice detailing the reasons for rejection of the improvements.

7)

The development inspector shall re-inspect the project for compliance and release when requested by the developer. If any further re-inspection is necessary, then a re-inspection fee shall be levied in accordance with the fee schedule that is adopted by the Canton City Council. All re-inspection fees shall be paid in full prior to the approval of a final plat (residential) or certificate of occupancy (non-residential).

8)

Once the final plat has been approved and all required public improvements complete except work covered by a performance guarantee (see section 108.04.03), the final plat shall be signed by the responsible city departments and presented by the developer to the Clerk of the Superior Court of Cherokee County for recording.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2022-0317-01, 3-17-2022)

A.

The developer shall submit a maintenance guarantee, in the form of an open ended, automatically renewing bond to cover the cost of maintaining or repairing the constructed improvements.

B.

The developer shall be required to keep the 18 month maintenance guarantee active until the improvements have been accepted as outlined in this chapter or the city will have no recourse but to call the bond, cash or assignment of certificate of deposit and make any improvements or repairs necessary for city acceptance.

C.

If all maintenance repairs are not completed within the 18 month maintenance period, the amount of the maintenance guarantee will be reviewed by the community development director and/or the city engineer, to determine if the amount is still acceptable to cover the construction cost of the required repairs. If the amount of the guarantee is found not to be sufficient to cover the construction cost of the required repairs, the developer shall post a revised guarantee in the revised amount.

D.

Bonds shall be issued by sureties licensed by and active with the Georgia Insurance and Fire Safety Commissioner and listed in Circular 570 (Federal Register Vol. 62, No. 126) among companies holding certificates of authority as acceptable sureties on Federal bonds and as acceptable reinsuring companies. Assignments of certificates of deposit shall be issued by banks or savings and loan associations, as defined in O.C.G.A. § 7-1-4, licensed to do business in Georgia and shall be fully insured by the Federal Deposit Insurance Corporation. All bonds and assignments of certificates of deposit shall be on the form supplied by the city and must be approved as to execution and as to the validity of any attached power of attorney by the city attorney.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

At the discretion of the city, a developer may submit a performance guarantee in the form of a bond, cash or assignment of certificate of deposit in lieu of the required final coat of paving and/or required tree planting before the final plat is recorded or certificate of occupancy is issued.

B.

The amount of such guarantee shall be set by the city. The amount of the performance guarantee will be based upon 110 percent of the construction cost necessary to cover the installation of the final course of paving and/or required tree planting.

C.

The developer shall be required to keep the performance guarantee active until all work covered by the guarantee is completed.

D.

If all work is not completed within one year of the posting of the performance guarantee, the amount of the performance guarantee will be reviewed by the development inspection manager, to determine if the amount is still acceptable to cover the construction cost of the required improvement. If the amount of the guarantee is found not to be sufficient to cover the construction cost of the required improvement, the developer shall post a revised guarantee in the revised amount.

E.

Bonds shall be issued by sureties licensed by and active with the Georgia Insurance and Fire Safety Commissioner and listed in Circular 570 (Federal Register Vol. 62, No. 126) among companies holding certificates of authority as acceptable sureties on Federal bonds and as acceptable reinsuring companies. Assignments of certificates of deposit shall be issued by banks or savings and loan associations, as defined in O.C.G.A. § 7-1-4, licensed to do business in Georgia and shall be fully insured by the Federal Deposit Insurance Corporation. All bonds and assignments of certificates of deposit shall be on the form supplied by the city and must be approved as to execution and as to the validity of any attached power of attorney by the city attorney.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.1)

The City of Canton shall officially accept the public improvements if all of the following conditions are met:

a.

The final plat has been approved and recorded.

b.

All performance and maintenance guarantees have been released.

c.

Improvements have been approved for city acceptance.

2)

During the 18-month maintenance period the development inspector shall observe the improvements for a full 12-month period. The developer shall be required to contact the development inspector in writing at the end of the 12-month period to initiate the city's approval process.

3)

The development inspector shall prepare a punch list to the developer affording him/her a 60-day period in which to make all necessary repairs. The developer shall be required to contact the development inspector at the end of the 60-day period in writing after all punch list items have been completed. The development inspector shall have 30 days to make his/her final review for approval and shall notify the developer in writing of the results of this inspection.

4)

An extension of the maintenance guarantee can be granted at the discretion of the city engineer. The amount of the maintenance guarantee will be reviewed by the development inspection manager, to determine if the amount is still acceptable to cover the construction cost of the required repairs, prior to granting any extensions. If any needed repairs are not completed by the developer within the specified period of time, the maintenance guarantee shall be called in to pay for such repairs. Should the amount of the maintenance guarantee be inadequate to pay for the full cost of the repairs, the City of Canton shall have the authority to collect the remaining amount from the developer.

5)

At the time that the work is inspected and found free from defects, the development inspector shall provide the developer with written approval and the city engineer shall submit the improvements for city acceptance.

6)

Acceptance shall be made as an item of business conducted at the next regular meeting of the Canton City Council.

B.

Revisions to approved civil/site documents. Any revisions or changes made to civil/site documents as a result of changes made out in the field are required to be documented under the following criteria:

1)

Revised civil/site documents (major).

a.

Civil/site documents shall be re-submitted if proposed changes meet the criteria for major changes.

b.

A change meeting one or more of the following criteria shall be considered a major change:

i.

Any increase in the number of lots.

ii.

Any revision to an approved detention pond.

iii.

Any shifting of storm drainage pipes resulting in an increase of drainage basin by ten percent or more.

iv.

Any revision to a road grade that has been approved at six percent or greater that result in an increase in road grade or in a reduction in road grades of four percent or more.

v.

Any revision to a road layout resulting in an increase of road length by ten percent or more.

vi.

Any renumbering of lot numbers, blocks, pods, etc.

vii.

Any renaming of streets.

c.

Documents for all major changes shall be re-submitted in accordance with the plan approval process prior to any construction changes in the field.

2)

Revised civil/site documents (minor).

a.

The following procedures must be followed for a minor change to be accepted the time of final plat submittal:

i.

The change must be minor.

ii.

The development inspector must review in the field and communicated his findings with the city engineer.

iii.

The engineer of record must contact the city engineer.

iv.

The engineer of record must follow-up with a letter indicating the revision or a plan as needed.

b.

The following are definitions of what constitutes a minor change:

i.

Any decrease in the number of lots.

ii.

Any shifting of storm drainage pipes resulting in less than a ten percent increase of drainage basin.

iii.

Any revision to an approved road grade that results in a change not exceeding four percent reduction.

iv.

Any revision to a road layout resulting in a decrease in road length.

v.

Shifting of lot lines within a phase with no increase in the total number of approved lots.

vi.

Buffer revisions or variances that have been approved in compliance with this UDC.

vii.

Any extension of pipes for aesthetic purposes.

viii.

The division of an approved single-phase development into one or more phases.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Permit application.

1)

When required. Any owner, authorized agent, or 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, or plumbing system, the installation of which is regulated by the construction codes, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work.

2)

Exceptions. Permits shall not be required for the following mechanical work:

a.

Any portable heating appliance;

b.

Any portable ventilation equipment;

c.

Any portable cooling unit;

d.

Any steam, hot or chilled water piping within any heating or cooling equipment regulated by the construction codes;

e.

Replacements of any part which does not alter its approval or make it unsafe;

f.

Any portable evaporative cooler;

g.

Any self-contained refrigeration system containing ten pounds (4.54 kg.) or less of refrigerant and actuated by motors of one horsepower (746 W) or less.

3)

Work authorized. A building, electrical, gas, mechanical or plumbing permit shall carry with it the right to construct or install the work, provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit. Where these are not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required.

4)

Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a permit, provided that such repairs shall not violate any of the provisions of the construction codes.

5)

Information required.

a.

Each application for a permit, with the required fee, shall be filed with the building official on a form furnished for that purpose, and shall contain a general description of the proposed work and its location.

b.

The application shall be signed by the owner, or his/her authorized agent.

c.

The building permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure, and shall contain such other information as may be required by the building official.

6)

Time limitations. The following time limitations shall apply:

a.

An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing for the permit, unless before then a permit has been issued.

b.

One or more extensions of time for periods of not more than 90 days each may be allowed by the building official for the application provided the extension is requested in writing and justifiable cause is demonstrated.

B.

Drawings and specifications.

1)

Requirements.

a.

When required by the building official, two or more copies of specifications and of drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the construction codes. Such information shall be specific, and the construction codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used, as a substitute for specific information.

b.

All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design.

2)

Additional data.

a.

The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations.

b.

All drawings, specifications and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal and signature.

3)

Design professional.

a.

The design professional shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following:

i.

All group A, E, and I occupancies.

ii.

Buildings and structures three stories or more high.

iii.

Buildings and structures 5,000 square feet (465 m ² ) or more in area.

b.

For all other buildings and structures, the submittal shall bear the certification of the applicant that some specific state law exception permits its preparation by a person not so registered.

c.

Exception: Single-family dwellings, regardless of size, shall require neither a registered architect nor engineer, nor a certification that an architect or engineer is not required.

4)

Structural and fire resistance integrity. Plans for all buildings shall indicate how required structural and fire resistance integrity will be maintained where a penetration of a required fire resistance wall, floor or partition will be made for electrical, gas, mechanical, plumbing, signal and communication conduits, pipes and systems and also indicate in sufficient detail how the fire integrity will be maintained where required fire resistance floors intersect the exterior walls.

5)

Site drawings.

a.

Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot.

b.

The building official may require a boundary line survey prepared by a qualified surveyor.

6)

Foundation surveys.

a.

For all newly constructed buildings or additions, the permit applicant shall provide a foundation (footings) survey signed by a registered land surveyor showing:

i.

The foundation (footing) location,

ii.

The outer perimeter of the proposed structure,

iii.

Building setbacks to property lines,

iv.

Any easements,

v.

Any zoning setback and buffer dimensions,

vi.

Any existing structures on site, and

vii.

Any buffers of the waters of the State of Georgia.

7)

The survey shall be submitted for approval to the city prior to scheduling of any further construction inspections on site.

8)

Hazardous occupancies. The building official may require the following:

a.

General site plan. A general site plan drawn at a legible scale which shall include, but not be limited to the location of:

i.

All buildings,

ii.

Permanent access ways,

iii.

Evacuation routes,

iv.

Parking lots,

v.

Internal roads,

vi.

Chemical loading areas,

vii.

Equipment cleaning areas,

viii.

Storm and sanitary sewer accesses,

ix.

Emergency equipment,

x.

Adjacent property uses, and

xi.

Exterior storage facilities (exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored).

b.

Building floor plan. A building floor plan drawn to a legible scale, which shall include, but not be limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class or the hazardous materials stored.

C.

Examination of documents.

1)

Plan review. The building official shall examine or cause to be examined each application for a permit and the accompanying documents, consisting of drawings, specifications, computations, and additional data, and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of the construction codes and all other pertinent laws or ordinances.

D.

Issuing permits.

1)

Action on permits.

a.

The building official shall act upon an application for a permit without unreasonable or unnecessary delay.

b.

If the building official is satisfied that the work described in an application for a permit and the contract documents filed therewith conform to the requirements of the construction codes and other pertinent laws and ordinances, he shall issue a permit to the applicant.

2)

Refusal to issue permit.

a.

If the application for a permit and the accompanying contract documents describing the work do not conform to the requirements of the construction codes or other pertinent laws or ordinances, the building official shall not issue a permit, but shall return the contract documents to the applicant with his refusal to issue such permit.

b.

Such refusal shall, when requested, be in writing and shall contain the reason for refusal.

3)

Public right-of-way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made application at the office of the city engineer for the lines of the public street on which he/she proposes to build, erect or locate said building; and it shall be the duty of the building official to see that the street lines are not encroached upon except as provided for in chapter 22 of the Standard Building Code.

E.

Contractor responsibilities.

1)

It shall be the duty of every contractor who shall make contracts for the installation or repairs of building, structure, electrical, gas, mechanical, sprinkler or plumbing systems, for which a permit is required, to comply with state or local rules and regulations concerning licensing which the applicable governing authority may have adopted.

2)

In such case that the state requires a contractor to have obtained a state license before they are permitted to perform work, the contractor shall supply the local government with a copy of their license before receiving a permit for work to be performed.

F.

Conditions of the permit.

1)

Permit intent.

a.

A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of the construction codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction, or violations of the construction codes.

b.

Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. One or more extensions of time, for periods not more than 90 days each, may be allowed for the permit, in accordance with the following requirements:

i.

The extension shall be requested in writing and justifiable cause demonstrated.

ii.

Extensions shall be granted by the building official.

2)

Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, the following requirements shall apply:

a.

Such architect or engineer shall be responsible for conformity with the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity with the reviewed plans and with the structural provisions of the construction codes.

b.

In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official.

3)

Plans. When the building official issues a permit, he/she shall enforce, in writing or by stamp, all sets of plans "reviewed for code compliance." One set of drawings so reviewed shall be retained by the building official and the other sets shall be returned to the applicant. One copy of the permitted drawings shall be kept at the site of work and shall be open to inspection by the building official or his/her authorized representative.

G.

Fees.

1)

Prescribed fees. A permit shall not be issued until the fees prescribed by the governing body have been paid. Nor shall an amendment to a permit be released until the additional fee, if required has been paid.

2)

Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing, etc. system before obtaining the necessary permits, shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fees.

3)

Accounting. The building official shall keep a permanent and accurate accounting of all permit fees collected the names of all persons upon whose account the same was paid, along with the date and amount thereof.

4)

Schedule of permit fees. On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing application, in accordance with the fee schedules as set by the governing body.

5)

Building permit valuations.

a.

If, in the opinion of the building official, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official.

b.

Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor and shall be based on the approved index of the City of Canton.

H.

Inspections.

1)

Existing building inspections. Before issuing a permit the building official may examine or cause to be examined any building, electrical, gas, mechanical or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy.

a.

The building official shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued.

b.

The building official shall make a record of every such examination and inspection and of all violations of the construction codes.

2)

Manufacturers and fabricators. When deemed necessary by the building official he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the construction codes.

3)

Inspection service.

a.

The building official may make, or cause to be made, the inspections required by subsection H.6 below.

b.

The building official may accept third party inspections. The contractor may proceed with these only with prior approval and must use a company approved by the City of Canton. A certificate called for by any provision of the construction codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service.

4)

Inspections prior to issuance of certificate of occupancy or completion. The building official shall inspect or cause to be inspected at various intervals all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the certificate of occupancy or completion.

5)

Posting of permit. Work requiring a permit shall not commence until the permit holder or his/her agent posts the permit card in a conspicuous place on the premises and in accordance with the following additional requirements:

a.

The permit shall be protected from the weather and located in such position as to permit the building official or representative to conveniently make the required entries thereon.

b.

This permit card shall be maintained in such position by the permit holder until the certificate of occupancy or completion is issued by the building official.

6)

Required inspections. The building official upon notification from the permit holder or his agent shall make the following inspections and such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or his agent of any violations which must be corrected in order to comply with this UDC:

a.

Building.

i.

Foundation inspection: To be made after trenches are excavated and forms erected.

ii.

Structural sheathing: To be made after all sheathing, panels and exterior structural elements are in place.

iii.

Frame inspection: To be made after the roof, all framing, fireblocking and bracing are in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete. All MEP inspections must be approved before a frame inspection is approved.

iv.

Final inspection: To be made after the building is completed and ready for occupancy.

b.

Electrical.

i.

Underground inspection: To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place.

ii.

Wall rough-in inspection: To be made after the roof, framing and fire blocking are in place and all conduit, wiring and supports are in place and properly connected and prior to the installation of wall membranes.

iii.

Ceiling rough-in inspection: To be made after the roof, framing and fire blocking are in place and all conduit, wiring and supports are in place and properly connected and prior to the installation of ceiling membranes.

iv.

Final inspection: To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy.

c.

Plumbing.

i.

Underground inspection: To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place.

ii.

Wall rough-in inspection: To be made after the roof, framing, fireblocking and bracing are in place and all soil, waste, supply and vent piping is complete, and prior to the installation of wall membranes.

iii.

Ceiling rough-in inspection: To be made after the roof, framing and fire blocking are in place and all soil, waste, supply and vent piping is complete, and prior to the installation of ceiling membranes.

iv.

Final inspection: To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy.

v.

Note: See section 311 of the Standard Plumbing Code for required tests.

d.

Mechanical.

i.

Underground inspection: To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place.

ii.

Wall rough-in inspection: To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall membranes.

iii.

Ceiling rough-in inspection: To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of ceiling membranes.

iv.

Final inspection: To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy.

e.

Gas.

i.

Rough piping inspection: To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected.

ii.

Final piping inspection: To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test.

iii.

Final inspection: To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes in order to insure compliance with all the requirements of the construction codes and to assure that the installation and construction of the gas system is in accordance with reviewed plans.

f.

Energy.

i.

Foundation inspection: be made before slab concrete is poured in place. To verify that perimeter insulation has been installed correctly on any slab on grade foundations, if required.

ii.

Frame inspection: to be made before exterior wall insulation is concealed by wall board to check installation of exterior walls insulation and to inspect that all holes and cracks through the structure envelope have been sealed in an appropriate manner as to restrict air passage.

iii.

Final inspection: To be made after the building is completed and ready for occupancy. To verify installation and R-value of ceiling and floor insulation. To verify correct SEER ratings on appliances.

7)

Written release.

a.

Work shall not be done on any part of a building, structure, electrical, gas, mechanical or plumbing system beyond the point indicated in each successive inspection without first obtaining a written release from the building official.

b.

Written release shall be given only after an inspection has been made of each successive step in the construction or installation as indicated by each of the foregoing three inspections.

8)

Reinforcing steel, structural frames, insulation, plumbing, mechanical, or electrical systems. Reinforcing steel, structural frame, insulation, plumbing, work of any part of any building or structure shall not be covered or concealed without first obtaining a release from the building official.

I.

Certificates.

1)

Certificate of occupancy.

a.

Building occupancy.

i.

A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy.

ii.

A certificate of occupancy shall not be issued until all required electrical, gas, mechanical, plumbing and fire protection systems have been inspected for compliance with the construction codes and other applicable laws and ordinances and released by the building official.

b.

Issuing certificate of occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the construction codes, reviewed plans and specifications, and after the final inspection, the building official shall issue a certificate of occupancy stating the nature of the occupancy permitted, the construction type and the occupant load in accordance with the provisions of the construction codes.

c.

Temporary/partial occupancy. The building official may, upon review of the circumstances, issue a temporary/partial certificate of occupancy for a portion of a building which may safely be occupied prior to final completion of the building.

d.

Existing building certificate of occupancy.

i.

A certificate of occupancy for any existing building may be obtained by applying to the building official and supplying the information and data necessary to determine compliance with the construction codes for the occupancy intended. Where necessary, in the opinion of the building official, two sets of detailed drawings, or a general inspection, or both, may be required.

ii.

When, upon examination and inspection, it is found that the existing building conforms to the provisions of the construction codes and other applicable laws and ordinances for such occupancy, a certificate of occupancy shall be issued.

2)

Certificate of completion.

a.

Upon satisfactory completion of a building, structure, electrical, gas, mechanical or plumbing system, a certificate of completion may be issued.

b.

The certificate of completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system.

c.

The certificate of completion does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a certificate of occupancy.

3)

Service utilities.

a.

Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system which is regulated by the construction codes for which a permit is required, until released by the building official and a certificate of occupancy or completion is issued.

b.

Temporary connection. The building official may authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary certificate of occupancy.

c.

Authority to disconnect service utilities. The building official shall have the power to authorize disconnection of utility service to a building, structure or system regulated by the construction codes, in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and whenever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

J.

Floor loads.

1)

Occupancy. An existing or new building shall not be occupied for any purpose, which will cause the floors thereof to be loaded beyond their safe capacity.

2)

Storage and factory-industrial occupancies. It shall be the responsibility of the owner, agent, proprietor or occupant of group S and group F occupancies, or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity. All such computations shall be accompanied by an affidavit from the architect or engineer stating the safe allowable floor load on each floor in pounds per square foot uniformly distributed.

3)

Signs required. In every building or part of a building used for storage, industrial or hazardous purposes, the safe floor loads shall be marked on plates or approved design which shall be supplied and securely affixed by the owner of the building in a conspicuous place in each story to which they relate. Such plates shall not be removed or defaced, and if lost, removed or defaced, shall be replaced by the owner of the building.

K.

Tests.

1)

The building official may require tests or test reports as proof of compliance.

2)

Required tests are to be made at the expense of the owner or his/her agent, by an approved testing laboratory or other approved agency.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

General.

1)

The owner or his authorized agent must apply for a minor land disturbance permit prior to beginning any land disturbing activities.

2)

The development services manager and inspectors are charged with issuance of any minor land disturbance permits and ensuring compliance with regulations.

3)

Work shall not be done until the minor land disturbance permit has been issued.

4)

All permits shall be posted in a visible place so that they will be legible from the frontage roadway.

B.

When required.

1)

Any project with disturbance less than one acre, which includes but not limited to the following:

a.

Removal of underbrush, shrubs and other low growing vegetation and trees up to three inches, when it includes the removal of the stumps and root systems.

b.

Construction of driveways, patios, parking areas, and/or walls under four feet.

c.

Removal and/or addition of earth onto property.

d.

Site preparation prior to building permit.

e.

Septic tank installation and/or access.

2)

Projects under one acre that propose to create or replace 5,000 square feet or more of impervious surface, projects that include any work in the right-of-way and/or projects within 200 feet of state waters will be required to submit for full land disturbance permit per section 108.04.01.

C.

Exemptions.

1)

Such minor land disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion.

2)

The construction of single-family residences when such construction disturbs less than one acre and is not part of a larger common plan of development or sale with planned disturbance of equal to or greater than one acre and not otherwise exempted under this section.

D.

Information required.

1)

Each application for a permit, with the required fee, shall be filed with the community development department on a form furnished for that purpose, and shall contain a general description of the proposed work and its location.

2)

Drawings with dimensions and with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit.

E.

Erosion protection and sediment control.

1)

Minor land disturbance permits are subject to all erosion protection and sediment control requirements as stated in the City of Canton Development Code. These requirements will be inspected and enforced by the City of Canton and failure to comply may result in the issuance of a "Stop Work Order" and/or penalties until compliance is accomplished.

(Ord. No. 2019-0117-09, 1-17-2019)

A.

Required review.

1)

Minor subdivisions, lot combinations and boundary line adjustments that meet the criteria and requirements of this chapter shall be reviewed and approved through the administrative plat review process, as described in subsection a.2 below.

2)

The plat review process includes the following steps:

a.

Step 1. Applicant submits complete application with three copies of the final plat for review.

b.

Step 2. Community development staff reviews final plat based on the criteria in section 108.05.03. If the final plat is meets all requirements, staff will prepare the final plat for recording. If corrections need to be made, the applicant is provided with a list of necessary corrections. When corrections have been made, the revised final plats must be submitted to staff for verification before they are prepared for recording.

c.

Step 3. Applicant pays fee for review and recording of final plat.

d.

Step 4. Final plat is submitted to the Office of the Clerk of the Superior Court of Cherokee County for recording.

B.

Exemptions. The following types of land subdivisions, transfers, and sales are specifically exempted from the plat approval requirements of this chapter; provided, however, that such exemptions shall not apply to land development requirements and improvement requirements elsewhere in this UDC:

1)

The creation and sale of cemetery plots.

2)

The sale of lots consistent with previously approved and recorded plats or deeds.

3)

The creation of leaseholds for space within a multiple-occupancy building or the division of property into leaseholds for commercial, industrial, or institutional use.

4)

Any division of land to heirs through a judicial estate proceeding, or any division of land pursuant to a judicial partition, or any division of land occurring from the foreclosure of a deed of trust; provided, however, that such exemption shall not require the city to issue permits if the resulting lots or parcels fail to meet any applicable regulations of the City of Canton concerning lot size, lot width, and other dimensional requirements.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following land subdivisions, as described herein, shall comply with the requirements of the plat review process:

A.

Minor subdivision.

1)

Purpose.

a.

Property owners who desire to subdivide property for subsequent sale as independent tracts of land; and in which the land involved is not a part of a larger common plan of development; but otherwise meet all other city regulations regarding zoning and land development, may submit such subdivision of land to the city for review and approval as a final plat.

b.

It is the intent of the city council to provide for the division of land not a part of a larger common plan of development (minor subdivisions), whereby an original tract of land may be divided into not more than five individual tracts of land provided all tracts of land within the subdivision have appropriate frontage, access, and otherwise comply with all city regulations including, but not limited to this UDC.

2)

Chain subdivisions prohibited.

a.

Divisions of land not a part of a larger common plan of development may be submitted to the city for review and approval following the procedure as a final plat. Such divisions of land provide certain advantages, in that a final plat is all that may be required for the purpose of subdividing the original tract of land into new lots, which tend to favor their use. Given these advantages, the prospect exists that sub-dividers may seek to divide a parcel via consecutive and/or contiguous final plats instead of filing a concept plan as a larger common plan of development.

b.

It is the policy of the city council to prohibit the practice of "chain" subdivisions where the same land owner subdivides land and then files additional subdivision applications on common contiguous parcels, which collectively creates a larger common plan of development. It is also the policy of the city council to prohibit the division of land not a part of a larger plan of common development adjacent to each other within a two-year time period, in cases where part of an original tract of land is now owned by another person or entity and was transferred or sold to another owner with the apparent intent to circumvent the preliminary plat process.

3)

Contiguous common parcels shown on subdivision plats.

a.

Contiguous common parcels, as defined in this section, shall be referenced on all applications for subdivision of land, and contiguous common parcels shall be considered part of any application for subdivision of land, for purposes of determining whether or not the division of land proposed is a part of a larger common plan of development.

b.

Common contiguous parcels shall not be counted as lots in the case of a subdivision.

4)

Limitations. This section only applies to the division of a single parcel into not more than five sub-parcels smaller than ten acres, and within any two-year period. In all other cases, a concept plan application must be filed and approved pursuant to the requirements of this chapter. This provision shall not be construed to prohibit the approval of two contiguous subdivisions under separate ownership; however, this provision is intended to be construed liberally so that one property owner does not develop a subdivision on part of an original tract and transfer or sell another part of the original tract for the purposes of subdivision within a two-year period. It is the intent that land abutting a subdivision that was owned by the sub-divider of the abutting subdivision shall not be subdivided for a period of two years, regardless of ownership without preliminary plan review.

5)

City reservation. The City of Canton reserves the right to require any person seeking to subdivide land within the city limits of Canton to submit a concept plan for review where the city engineer or community development director find that such plan review is necessary to conform to state or city laws and regulations.

B.

Lot combinations.

1)

An existing lot line forming the boundary between two conforming platted lots located within the same subdivision or a lot line between lots or parcels that have merged to form one building lot may be removed or eliminated through a final plat revision process which conforms to the requirements of this UDC. In the case where no final plat applies to the subject lots or parcels, a boundary survey and plat depicting all lots involved in the lot combination shall be required to be approved by the community development director and recorded as a final plat.

2)

Such combination plat shall be titled with the same name as that of the original subdivision, if applicable, and shall indicate thereon that the re-plat is for the purpose of removing the lot lines between specific lots.

C.

Boundary line adjustments.

1)

One or more existing lot lines forming boundaries between conforming platted lots located within the same subdivision, or one or more lot lines between abutting lots or parcels may be adjusted through a final plat revision process that requires the approval of the community development director and recording of a plat meeting the specifications of a final plat. In the case no final plat applies to the subject lots or parcels, a boundary survey and plat of the entire lots involved in the boundary line adjustment shall be required to be approved by the community development director and recorded.

2)

Such plat showing said boundary line adjustment shall be titled with the same name as that of the original subdivision and shall include thereon that the re-plat is for the purpose of adjusting the lot lines between specific lots.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The community development director may grant final plat approval for minor subdivisions, lot combinations and boundary line adjustments if the following conditions are met:

1)

The final plat meets all applicable requirements of this UDC.

2)

All other city regulations and requirements pertinent to land development have been met.

3)

The final plat meets all applicable requirements of the Georgia Plat Act.

4)

A complete final plat application has been submitted, including all supporting materials required for final plats.

B.

The community development director shall consider final plats and applications that meet the above-referenced conditions a ministerial action of approval. Denial of a final plat shall be permitted only upon specific findings that one or more of the above-referenced conditions have not been met.

(Ord. No. 2014-18, § 2, 8-21-2014)