A.

No owner or agent of the owner of any parcel of land located in a proposed subdivision shall transfer title to any such parcel before a plat of such subdivision has been approved by the zoning administrator in accordance with the provisions of this article and filed with the county clerk of the superior court.

B.

The subdivision of any parcel of land by the sole use of a metes and bounds description shall be prohibited.

C.

No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided in violation of the provisions of this UDC.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Land is one tract until subdivided. Until property proposed for subdivision has received final plat approval or minor plat approval and been properly recorded, the land involving the subdivision shall be considered as one tract, or as otherwise legally recorded.

B.

Subdivision of land. No real property within the city may be divided and offered for sale until approved in accordance with this article.

C.

Development or improvement of land. No person shall disturb or develop land or engage in development except in accordance with this UDC. It shall hereafter be unlawful for any person to disturb or develop any land until construction plans submitted and the development permit, if required, has been approved by the zoning administrator in accordance with this UDC. No person shall begin construction of any improvement on any lot prior to the approval of a preliminary plat, if required by this UDC, nor prior to approval of a development plan for said improvement as required by this UDC. The zoning administrator shall not authorize or permit the clearance of trees or vegetative materials outside approved construction limits.

D.

Pre-application meeting required. A pre-application meeting shall be scheduled with the zoning administrator prior to the submission of a concept plan. If no concept plan is required, the pre-application meeting shall take place prior to the submission of a preliminary plat application.

E.

Concept plan required prior to preliminary plat application. A concept plan shall be approved by the city council before the zoning administrator shall accept an application for preliminary plat approval in any hamlet (HM), village (VL), or historic crossroads (HC) district. See section 4-6.

F.

Electronic copies. The zoning administrator may allow electronic copies of any of the materials required to be submitted with concept plan, preliminary plat, construction plan, or final plat applications, including, but not limited to, PDF, CAD, or GIS files.

G.

Preliminary plat and plans required prior to construction. No person shall commence construction of any improvements on any lot, prior to the approval of a preliminary plat if required by this UDC, nor prior to approval of construction plans and engineering plans for said improvements are approved as required by this UDC.

H.

Building and other permits. No building permit or certificate of occupancy shall be issued for a building, structure, or use, nor shall any excavation, grading, or land disturbance applications be approved, on any parcel of land regulated by this UDC that has not been approved in accordance with the provisions of this UDC.

I.

Public thoroughfares and lands. No land dedicated as a public thoroughfare or for other public purpose shall be opened, extended, or accepted as a public thoroughfare or for other public land unless such improvements are constructed in accordance with the specifications of this UDC and said land and/or improvements are formally approved and accepted as public improvements by the city council in accordance with procedures established in this UDC.

J.

Special review of subdivisions along state highways. No subdivision plat containing land that abuts a state highway shall be approved until such plat has been submitted for review and comment by GDOT, in accordance with the provisions of O.C.G.A. § 32-6-151. When the city receives such a plat, it shall submit two copies of the proposed subdivision plat to GDOT if such proposed subdivision includes or abuts on any part of the state highway system. Within 30 days of receipt of the plat, GDOT shall recommend approval and note its recommendation on the copy to be returned to the zoning administrator or recommend rejection. Failure of GDOT to act within this 30-day period shall constitute approval. If the plat is recommended for rejection, the reasons for rejection and requirements for approval shall be given to the zoning administrator in writing. A recommendation for rejection shall be binding on the zoning administrator and the planning commission unless the planning commission, by official action recorded in its minutes, overrules the recommendation for rejection.

(Ord. No. 21-10-228, § 1, 10-5-2021)

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

A.

The creation and sale of cemetery plots.

B.

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

C.

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

D.

The creation of leaseholds for the agricultural use of property where the use does not involve the construction of a building to be used as a dwelling or for other purposes not directly related to agricultural use of the land or crops or livestock raised thereon.

E.

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 concerning lot size, lot width, and other dimensional requirements.

F.

The creation of mortgage lots.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

A lot line forming the boundary between two conforming platted lots may be removed through a final plat revision process which conforms to the requirements of this article.

B.

Where no final plat applies to the subject lots, the zoning administrator may require a boundary survey and plat depicting all lots involved in the lot combination, which may be approved by the zoning administrator and recorded as a final plat. 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.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

One or more lot lines between abutting lots may be adjusted through a final plat revision process that requires the approval of the zoning administrator and recording of a plat meeting the specifications of a final plat. No adjustment shall increase the degree of nonconformity of any lot, except the following:

1.

When both affected lots are in the RL district and already are 20 acres or smaller, a lot may be reduced in size if no new lots are created and no resultant lot is smaller than three acres.

2.

An existing lot over 20 acres in size may be reduced to under 20 acres in size if such reduction results is a simultaneous increase in the size of another existing lot already under 20 acres in size, provided no new lots are created and no resultant lot is under three acres in size or the size of the smallest original lot, whichever is greater.

B.

Where no final plat applies to the subject lots or parcels, the zoning administrator may require a boundary survey and plat of the entire lots involved in the lot line adjustment, which may be approved by the zoning administrator and recorded.

C.

Such plat showing said lot 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. 21-10-228, § 1, 10-5-2021; Ord. No. 23-02-254, § 3, 2-7-2023; Ord. No. 25-08-287, § 8, 8-5-2025)

A.

Purpose. The purpose of this section is to ensure a general understanding of the basic design concepts and improvement requirements of subdivisions and land developments through the submittal of a concept plan of all major subdivisions for approval by the city council.

B.

When required. All major subdivisions in hamlet (HM) or village (VL) districts shall require the submission of a concept plan to the zoning administrator for review by the planning commission and approval by the city council. Prior to application for preliminary plat approval, the city council must approve the concept plan, if required.

C.

Concept plan application and specifications. Concept plan applications shall include the following elements:

1.

Site assessment. A thorough assessment of site conditions shall be submitted, demonstrating an understanding of the natural, cultural, and historic features that will guide or constrain the design of the subdivision. This should include all existing manmade and natural features including structures; utilities; easements; soils; wetlands, floodplains; habitats for endangered or threatened species; steep slopes; streams and required stream buffers; rock outcroppings; trees; historic, cultural, and archeological resources; and any other sensitive, unique, notable, or constraining features to be retained, moved, or altered.

2.

Concept plan. A site map with areas of activity indicated with general boundaries showing proposed use categories and densities. This should include, at a minimum, commercial centers and frontages, major civic sites, terminated vistas, open spaces, entrances, major circulation thoroughfares including their typologies, walking distances from centers, and any special districts or special conditions.

3.

Statements. Statements of proposed uses, proposed densities, and proposed water supply and sewage disposal.

D.

Procedures. Upon receipt of a completed concept plan application, the zoning administrator shall forward all pertinent materials in the application to the planning commission for review and schedule the application for a public meeting before the planning commission. An application for concept plan approval must be submitted in accordance with the filing deadlines established by the city's community development department. The planning commission shall have 40 days from the date the public meeting is held to recommend that the city council approve, conditionally approve, or deny the concept plan application. The city council shall then consider the application at its next regularly scheduled meeting. The city council shall approve, conditionally approve, or deny the concept plan application. The basis of the planning commission's review and the city council's action on a concept plan shall be whether the concept plan is consistent with the purposes and requirements of this UDC and all other ordinances that relate to the proposed development, as well as the comprehensive plan and other plans adopted by the city. When an application to amend the official zoning map includes a site plan and other materials that meet the requirements for a concept plan, the site plan may be approved as the concept plan in the rezoning action.

E.

Approval is conditional. The concept plan shall be conditioned upon approval of a preliminary plat, and shall not make permissible any of the uses, densities, or intensities as proposed until a preliminary plat application is submitted and approved for all or a portion of the area covered by the concept plan.

F.

Disposition. Approval of a concept plan shall be valid for a period of one year, during which time a preliminary plat application must be submitted. If a preliminary plat application is not submitted during that time, concept plan approval shall expire and be null and void.

G.

Amendments to approved concept plans. The zoning administrator is authorized to approve minor amendments to concept plans. Any proposed amendment to a concept plan that is determined by the zoning administrator to constitute a public interest shall be deemed a major amendment. For all amendments to concept plans determined to be major amendments, city council approval shall be required. The city council shall approve, conditionally approve, or deny the proposed major amendment to a concept plan. Procedures for considering a major amendment to a concept plan shall be the same as required for an initial application for concept plan approval.

(Ord. No. 21-10-228, § 1, 10-5-2021; Ord. No. 23-02-254, § 4, 2-7-2023)

A.

Purpose. The purpose of this section is to ensure compliance with the basic design concepts and improvement requirements of subdivisions and land developments through the submittal of a preliminary plat of all major subdivisions.

B.

Planning commission powers. The planning commission shall have the authority to review and approve, conditionally approve, or deny preliminary plats of major subdivisions.

C.

When required. All major subdivisions shall require the submission of a preliminary plat to the zoning administrator for approval by the planning commission. The planning commission must approve the preliminary plant, if required, prior to the issuance of any permit for land disturbance or development, or the installation of any improvements.

D.

Application requirements. The following shall be required for all preliminary plat applications.

1.

Completed application form;

2.

Letter requesting approval with name, address, and phone of applicant;

3.

Copies of plat as requested by the zoning administrator;

4.

Filing fee per resolution/schedule;

5.

Description of type of water supply and sewerage system and utilities to be provided;

6.

Data on existing conditions; and

7.

Conceptual grading and drainage plan that demonstrates conformance with the requirements of article XIV if required by the zoning administrator.

E.

Plat requirements. All information shown in section 4-10 shall be required to be included on the plat.

F.

Project phasing. Some developments in hamlet (HM) and village (VL) zoning districts that are constructed over a long period of time may be separated into multiple phases within an individual development. Individual phases may not meet the district requirements, but they must be designed so as to allow these requirements to be met in the development as a whole. An entitlements phasing chart shall appear on all plat applications for each phase of a development in hamlet (HM) and village (VL) zoning districts, including the number of residential units, amount of commercial space, and amount of open and civic spaces in all phases, including any applicable TDRs.

G.

Procedures. Upon receipt of a completed preliminary plat application, the zoning administrator shall forward all pertinent materials in the application to the planning commission for review and schedule the application for a public meeting before the planning commission. An application for preliminary plat approval must be submitted in accordance with the filing deadlines established by the city's community development department. The planning commission shall approve, conditionally approve, or deny the preliminary plat application. The basis of the planning commission's action on a preliminary plat shall be whether the preliminary plat is consistent with the approved concept plan, and whether it meets the purposes and requirements of this UDC and all other ordinances that relate to the proposed development, as well as the comprehensive plan and other plans adopted by the city.

H.

Notification of amendments. If the zoning administrator has approved a minor amendment to the concept plan, they shall present a report on the amendment to the planning commission with the preliminary plat application. If the planning commission finds that any amendment deemed minor by the zoning administrator constitutes a public interest, it shall refer the amendment to the city council for approval before rendering a decision on the preliminary plat. Procedures for considering a referred amendment to a concept plan shall be the same as required for an initial application for concept plan approval.

I.

Disposition. Approval of a preliminary plat shall be valid for a period of one year, after which time a complete development permit or construction plans application must be submitted. If a complete application for construction plans is not submitted during that time, preliminary plat approval shall expire and be null and void.

J.

Amendments to approved preliminary plats. The zoning administrator is authorized to approve minor amendments to preliminary plats. Any proposed amendment to a preliminary plat that is determined by the zoning administrator to constitute a public interest shall be deemed a major amendment. For all amendments to preliminary plats determined to be major amendments, planning commission approval shall be required. The planning commission shall approve, conditionally approve, or deny the proposed major amendment to a preliminary plat. Procedures for considering a major amendment to a preliminary plat shall be the same as required for an initial application for preliminary plat approval.

K.

When an application to amend a concept plan also includes materials that meet all the requirements for a preliminary plat application, the preliminary plat may be approved concurrently by the planning commission, conditional on city council approval of the concept plan. The staff reports to the planning commission and the city council shall note when concurrent approval is sought.

(Ord. No. 21-10-228, § 1, 10-5-2021; Ord. No. 23-02-254, §§ 5, 6, 2-7-2023)

A.

Application. Upon approval of a preliminary plat, or if no preliminary plat is required, the subdivider or land developer may apply for construction plan approval and approval of a development permit. In the case of a minor subdivision, or in cases where a preliminary plat is not required by this article, the subdivider or land developer may apply for approval of construction plans. The construction plan approval and development permitting process is administrative. No application for construction plans shall be accepted for processing nor development permit approved by the zoning administrator until a preliminary plat, if required, has been approved by the planning commission and the proposed construction plans are determined by the zoning administrator to be in substantial conformity with said approval and any conditions of such approval.

B.

Decision criteria. The only basis upon which the zoning administrator may deny a construction plan or development permit is the failure of the application to meet the requirements of this UDC or any other applicable local regulations or the failure of the construction plans and application to meet the requirements of preliminary plat approval specified by the planning commission.

C.

Certificate of approval. All copies of the construction plans shall be noted by inscription on the plan noting such approval by the zoning administrator. Construction plan approval shall expire and be null and void after a period of one year, unless activity toward improvements on the land has been initiated, or unless the zoning administrator approves an extension of time.

D.

Application requirements. The following shall be required for all development permit applications:

1.

Completed application form;

2.

Four copies of plat;

3.

Filing fee per resolution/schedule;

4.

Description of type of water supply and sewerage system and utilities to be provided;

5.

Hydrological or other engineering study (City engineer may exempt minor plats from this requirement);

6.

Subdivision entrance monument and landscaping elevation/plan; and

7.

Written approval from electric utility company regarding installation of service points and thoroughfare lights (if required by city engineer).

E.

Engineering drawings. Engineering drawings for public and private thoroughfares, including cross sections and centerline profiles, and public and private water, sewer, drainage, and utility systems, certified by a professional engineer registered in the state, or if authorized under state law, a registered land surveyor, or professional landscape architect, shall be required to be submitted for review and approval, and such plans must meet the requirements of this UDC and the specifications of the zoning administrator. Prior to approval and recording of a final plat, or prior to the approval of any certificate of occupancy, if required, a registered engineer for the subdivider/developer shall submit one copy of all finished, as-built plans of improvements, demonstrating that said improvements, as installed, meet the requirements of this UDC and certifying that the plans accurately reflect actual construction and installation. The zoning administrator shall maintain all as-built thoroughfare and utility plans for future use by the city.

F.

Permits for construction in public right-of-way. Permits from the zoning administrator shall be required for construction in any public right-of-way. Permits will not be issued until such time that plans have been submitted and approved by the zoning administrator.

G.

Land disturbance permit must be approved. If construction activity contemplated results in the disturbance of an area of one acre or more, a land disturbance permit must be approved along with any building permit prior to construction.

H.

Indemnity agreement form must be filed. Prior to the issuance of a land disturbance permit, an indemnity agreement form must be filed by the subdivider protecting the city against damage, repair and/or maintenance claims and liability arising out of drainage problems. The zoning administrator is hereby authorized to execute such agreements on the behalf of the city.

I.

Model home. Dwelling units may be utilized for sales offices and/or model homes. The subdivider shall be allowed no more than one building permit for a model home for each 15 lots located in the proposed subdivision. The maximum number of building permits allowed for model homes in any one subdivision shall not exceed five per builder or per phase. The following shall apply to lots where model homes are allowed:

1.

The lots shall be located within 300 feet of an active fire hydrant;

2.

Main water and sewer lines for these lots shall be installed by the developer and be subject to review and approval by the city; installation of these lines shall take place prior to the issuance of the certificate of occupancy.

(Ord. No. 21-10-228, § 1, 10-5-2021; Ord. No. 23-02-254, § 7, 2-7-2023)

A.

When required. All major subdivisions, resubdivisions, minor subdivisions, and dedications shall require final plat approval. The final plat approval process is administrative.

B.

Criteria for approval. The zoning administrator may grant final plat approval if the following conditions, as applicable, are met.

1.

The planning commission has previously approved a preliminary plat of the proposed subdivision (not required for minor subdivision).

2.

Where new improvements are involved in the subdivision, construction plans have been approved by the zoning administrator, all improvements have been installed and inspected by the zoning administrator, and subdivision improvement guarantees and bonds as required by this UDC or the conditions of zoning or conditions of preliminary plat approval have been submitted.

3.

The final plat meets all applicable requirements of this UDC.

4.

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

5.

Homeowners association or property owners association documents that conform with the requirements of section 11-7.

C.

Administrative approval. The zoning administrator 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 criteria have not been met.

D.

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

E.

Application requirements. The following shall be required for all final plat applications.

1.

Completed application form;

2.

Two copies of plat at approval, plus additional copies as requested by the zoning administrator;

3.

Filing fee per resolution/schedule;

4.

Description of type of water supply and sewerage system and utilities to be provided;

5.

Soil test for each proposed lot containing a septic tank and drain field;

6.

Warranty deed for the dedication of thoroughfares and other public places;

7.

Written approval from electric utility company regarding installation of service points and thoroughfare lights;

8.

As-built drawings of public improvements;

9.

Subdivision improvement guarantee;

10.

Certificate of title; or

11.

Plat certificates.

F.

Plat requirements. All information shown in section 4-10 shall be required to be included on the plat.

G.

Additional plat certificates. In addition to information required by section 4-10 to be supplied on a final plat, each final plat shall contain a surveyor's certificate, owner's certificate, and/or health department approval certificate, as appropriate.

H.

Future minor subdivision certificate. All Minor Subdivision Plats and Farmette Subdivision Plats must contain the following: "This Property may not be further subdivided using the Minor Subdivision process except for family lots as provided in section 11-6."

I.

Distribution of recorded final plat. The zoning administrator shall be responsible for ensuring that each appropriate agency receives a copy of the final recorded plat with assigned addresses.

J.

Plat Act conformity. All recorded plats shall conform with the requirements of O.C.G.A. § 15-6-67.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

The following information is required to be submitted on or with plats or construction plans.

B.

All plats and construction plans shall be provided at a minimum scale of one-inch equals 100 feet.

C.

All plats and construction plans shall be provided on sheets with a maximum size of 24 by 36 inches, except for final plats, which shall be provided on sheets with a maximum size of 18 by 22 inches.

(Ord. No. 21-10-228, § 1, 10-5-2021; Ord. No. 25-08-287, § 4, 8-5-2025)

A.

In order to protect the city and prospective purchasers of and residents in a subdivision, the subdivider/developer shall provide to the city financial security to guarantee the installation of public improvements. The financial security shall be an amount equal to 125 percent of the cost of improvements not in compliance.

B.

The subdivider's or developer's financial guarantee may consist of any of the following:

1.

An escrow of funds with the city;

2.

An escrow with a bank or savings and loan association upon which the city can draw;

3.

An irrevocable letter of commitment or credit upon which the city can draw;

4.

A performance bond for the benefit of the city upon which the city can collect, or a certificate of deposit with assignment letter; or

5.

Any other form of guarantee approved by the city council that will satisfy the objectives of this section. The guarantee shall be in an amount to secure the full costs, as determined by the city, of constructing or installing the improvements and utilities required.

(Ord. No. 21-10-228, § 1, 10-5-2021)

A.

Purpose. Minor subdivisions provide certain advantages, such as a shorter application process and less public scrutiny, that tend to favor their use over the filing of major subdivision applications. Given these advantages, the prospect exists that subdividers may seek to divide a parcel via consecutive minor subdivisions instead of filing for a major subdivision. It is the intent of the city council to prohibit the practice of "chain" subdivisions where a parcel divided or created by minor subdivision or major subdivision is further subdivided by the minor subdivision process. This provision shall not apply to family lots created per section 11-6.

B.

Limitations. Any parcel created by the major subdivision process after January 1, 2007 may not be further subdivided by the minor subdivision process. Land within a minor subdivision shall not be further divided unless a concept plan application is filed and approved as a major subdivision pursuant to the requirements of this UDC.

(Ord. No. 21-10-228, § 1, 10-5-2021)

The following steps are required for the subdivision of land, except subdivisions that qualify for the minor subdivision process:

A.

Pre-application meeting. Applications for subdivision review shall not be accepted by the city unless a pre-application meeting has been held with the zoning administrator.

B.

Concept plan. The applicant may submit a concept plan subsequent to the pre-application meeting.

C.

Preliminary plat. Upon approval of the concept plan, a preliminary plat may be submitted according to the requirements of this UDC.

D.

Development permit/land disturbance permit/construction plans. Upon approval of the preliminary plat, application for development permitting may begin.

E.

Final plat. After the final plat is approved, signed, and recorded with the county clerk of superior court, the developer may sell lots.

(Ord. No. 21-10-228, § 1, 10-5-2021)