The intent of this Article is to further the goals of the Clayton County Comprehensive Plan; provide for the adequate, consistent review of new development to ensure compliance with this ordinance; provide for the appropriate creation of facilities and systems for the accommodation of traffic and utilities; and address the unique characteristics of certain types of development that require specific review and approval.

Site Development Plans shall be required for all developments for which a Soil Erosion and Sedimentation Control Permit, Grading Permit, and/or Building Permit is required by this ordinance.

The following types of development shall be exempt from the requirements of this Article, but shall be required to obtain a Building Permit and any other permit or approval required by this ordinance:

A.

The replacement or installation of any sign, or signs not occurring as part of an improvement to any other aspect of the property;

B.

The expansion of an existing parking lot which does not result in a greater than twenty (20) percent increase in the surface area of the parking previously available on the property; or

C.

The expansion of an existing structure or the construction of an accessory structure which does not result in a greater than ten (10) percent increase in the floor area of the structures that were previously existing on the property or require the provision of additional landscaping, parking, or other improvement regulated by this Ordinance.

The Technical Review Committee shall have the authority to review and approve Site Development Plans required by this Article consistent with the Technical Review Committee provisions of this ordinance.

Neither the Technical Review Committee nor the Department of Community Development shall have the authority to waive any requirement of this Ordinance in the review of a Site Development Plan.

The procedure for the review of proposed amendments or revisions to previously approved Site Development Plans shall follow the process for the initial approval of Site Development Plans outlined below.

Site Development Plans shall be subject to the following review and approval process:

A.

General Requirements: All applications may be obtained through the Department Community Development. Fees shall be paid at the Department of Community Development at the time the application and permit applications and documents are submitted.

1.

All applications shall be made on forms provided by the Zoning Administrator.

2.

All applicants shall submit original applications which are completed in their entirety either in ink or typed. All applications shall be signed and notarized (if required).

3.

All applicants shall submit copies of the applications and necessary attachments as required by the adopted policies of the Department of Community Development.

4.

All applications shall be assigned reference and/or docket numbers by the Zoning Administrator. Petition applications shall be scheduled by the Zoning Administrator for the appropriate meeting and public hearing (if necessary) based on the completeness of the application consistent with the requirements of this Article and the appropriate adopted calendar of filing and meetings dates for the Technical Review Committee, Board of Zoning Appeals, and/or Zoning Advisory Group.

B.

Pre-Application Conference: Prior to the submittal of a site development plan, the applicant is encouraged to attend a pre-application conference with representatives of the County to discuss the application and review process. At this conference, the applicant will be provided with information regarding procedural review requirements, design and development standards, submission requirements, and design and construction requirements for infrastructure and natural resources.

1.

It is the County's intent that all procedural and development requirements be identified during the pre-application conference. However, no person may rely upon any comment concerning a proposed development or any expression of any nature about the proposal made by the participant at the pre-application conference as a representation or implementation or implication that the proposal will be ultimately approved or rejected in any form. Additionally, the failure to identify an applicable requirement or condition shall not preclude the County from requirement an applicant to comply with such requirement or condition.

C.

Site Development Plan Application: The petitioner shall submit an application for Site Development Plan review, an affidavit and consent of property owner (if the property owner is someone other than the petitioner), a deed for the property involved, the required filing fee, and required supportive information to the Zoning Administrator. Supportive information shall include, but not be limited to the following:

1.

A location map showing and clearly identifying the subject property and showing all land within 1 mile of the subject property. The location map should identify the current zoning and use of all property within 1,320 feet of the subject property.

2.

A property survey showing all existing structures, topography, trees with a diameter measured at chest height of 8 inches or greater, floodplain and floodway boundaries (including elevations), rights-of-way, easements, building setback lines, drainage areas, pipes, known titles, structures, utility services, historic structures, and road accesses. These items shall be identified for the subject site and adjacent properties within 400 feet.

3.

A site plan, drawn to scale and bearing the seal of a professional engineer or land surveyor clearly showing all aspects of the property and all features relevant to the Site Development Plan, including:

a.

All proposed setbacks, building envelopes, buffer yards, structure heights, and lot coverage calculations;

b.

All proposed buildings, structures, fences or walls, areas of outdoor storage, permanent dumpsters, and other improvements;

c.

All proposed locations and dimensions of road access, interior drives, parking lots, loading docks or areas, sight visibility triangles, and interior sidewalks (all public road access shall be subject to the approval of the Clayton County Department of Transportation and Development);

d.

All proposed open spaces and recreational amenities;

e.

All proposed stormwater management facilities;

f.

All proposed locations and capacities of public and private utilities (all septic systems shall be subject to the approval of the Clayton County Board of Health, all public sewer connections shall be subject to the approval of the Clayton County Water Authority or appropriate public service provider);

g.

Lakes, streams, and other waters on the site and associated buffers;

h.

All proposed public improvements including sidewalks, street trees, and right-of-way dedications; and

i.

All proposed locations for temporary uses, such as seasonal sales areas.

4.

A landscaping plan, drawn to scale and bearing the seal of a registered landscape architect, architect, engineer, or surveyor showing all required and proposed landscaping in the site interior, in and adjacent to parking areas, in buffer yards, and street trees. The landscaping plan shall include the identification of the height of the plantings from ground level at the time of installation and the species proposed to be used to meet the requirements of this Ordinance.

5.

A lighting plan, providing the location, type and height of all freestanding, building-mounted and canopy light fixtures, and all existing and proposed sign lighting. A photometric grid overlaid on the proposed site plan shall also be included indicating the overall light for intensity throughout the site.

6.

A sign plan showing the location, height, and dimension of all permanent signs and indications of appropriate locations, heights, and sizes of any anticipated temporary signs.

7.

A site drainage plan that bears the seal of a professional architect engineer or land surveyor including all calculations required by the Clayton County. All Site Development Plans shall be subject to the approval of the Clayton County Water Authority.

8.

A detailed statement of the characteristics and operation of the development, including the projected population densities, presence of any adult uses, and number of potential employees. The detail statement shall include any written commitments being made regarding the Site Development Plan.

D.

Technical Review Committee Review: The Clayton County Technical Review Committee (TRC) shall review the Site Development Plan, including all supportive information on the date established by the adopted calendar of meeting and filing dates.

1.

Either the applicant or a representative of the applicant must be in attendance to present the Site Development Plan and address any questions the Technical Review Committee may have.

2.

In reviewing the Site Development Plan, the Technical Review Committee shall consider whether or not the proposed Site Development Plan is consistent with the requirements of this Ordinance, the Tree Protection Ordinance, the Subdivision Ordinance, and the applicable adopted requirements of Clayton County.

3.

The Technical Review Committee may approve, deny, table, or forward the Site Development Plan to the Zoning Advisory Group.

a.

The Technical Review Committee shall approve the Site Development Plan if it complies with all applicable requirements of this Ordinance.

b.

The Technical Review Committee shall table the Site Development Plan application if it is generally consistent with the considerations outlined above, but requires minor modifications to be completely in compliance with the requirements of this Ordinance. Site Development Plan applications which are tabled shall be automatically docketed for the next review meeting. The applicant shall revise the Site Development Plan proposal consistent with the Technical Review Committee comments and supply revisions for review at the next meeting consistent with the adopted calendar of filing and meeting dates.

c.

The Technical Review Committee shall deny the Site Development Plan if it is found to be inconsistent with the considerations outlined in 11.4(D)(2) above.

d.

The Technical Review Committee shall forward Site Development Plans which are generally consistent with the considerations outlined above to the Zoning Advisory Group for public hearing if the proposal includes any improvement to be dedicated to the public, includes proposed written commitments, or requires the imposition of conditions to be completely consistent with the considerations for approval. The Site Development Plan shall be placed on the agenda for the next meeting of the Zoning Advisory Group consistent with the adopted calendar of meeting and filing dates. The applicant shall revise the Site Development Plan proposal consistent with any Technical Review Committee comments prior to review by the Zoning Advisory Group and shall provide such revision for review consistent with the adopted calendar of filing and meeting dates.

E.

Public Meeting Notification (if necessary): Notification for the scheduled public hearing regarding the Site Development Plan shall be completed consistent with the requirements of Georgia State Code, the Rules and Procedures of the Clayton County Zoning Advisory Group, and the provisions of Article 13 of this Ordinance.

F.

Zoning Advisory Group Review (if necessary): The Zoning Advisory Group shall, at a meeting scheduled consistent with the adopted calendar of meeting and filing dates review the Site Development Plan and any supportive information.

1.

Either the applicant or a representative of the applicant must be present at the public hearing to present the Site Development Plan and address any questions the Zoning Advisory Group may have.

2.

The Zoning Advisory Group shall consider a report from the Zoning Administrator describing the findings of the Technical Review Committee and testimony from the applicant and any interested parties in making its decision.

3.

The Zoning Advisory Group may approve, approve with modifications, deny, or table the Site Development Plan application.

a.

The Zoning Advisory Group shall approve the Site Development Plan if it is consistent with all applicable requirements of this Ordinance.

b.

The Zoning Advisory Group shall approve with modifications the Site Development Plan with modifications if it is generally consistent with all applicable requirements of this Ordinance. The Zoning Advisory Group may impose conditions on the approval of a Site Development Plan, which shall become written commitments of the applicant, if the conditions are necessary to satisfy the requirements of this Ordinance.

c.

The Zoning Advisory Group shall deny the Site Development Plan if it is not consistent with the applicable requirements of this Ordinance. Site Development Plan applications which have been denied shall not be re-filed for a period of 6 months from the date of the denial.

d.

The petition shall be tabled based on a request by the Zoning Administrator or the petitioner, an indecisive vote, or a determination by the Zoning Advisory Group that additional information is required prior to action being taken on the request. The tabling of all petitions shall be consistent with the adopted Rules and Procedures of the Zoning Advisory Group.

4.

Assurance of Completion of Improvements: The Zoning Advisory Group may approve a Site Development Plan with the condition that a bond or written assurance be provided that guarantees the timely completion of any proposed public improvements included in the development. The bond or written assurance shall be in a form acceptable to the Board of Commissioners, the Zoning Administrator, and the County Attorney, and consistent with Article 5 of the Clayton County Subdivision Ordinance [Chapter 86, Article III, Division 5 of this Code].

G.

Findings of Fact: The Zoning Administrator shall prepare and sign written findings of fact documenting the action taken by the Technical Review Committee and the Zoning Advisory Group (if Zoning Advisory Group review is necessary). The Zoning Administrator shall make copies of the written findings of fact available to the applicant within 3 business days of the date of the decision.

H.

Permits: Prior to any construction activity, the improvements approved through all Site Development Plans shall be required to obtain the appropriate Soil Erosion and Sediment Control, Grading, and Building Permits and any other required permits specified by this Ordinance.

Any applicant or interested party may appeal a determination made by the Technical Review Committee to the Zoning Advisory Group through the procedure described below:

A.

Application: The petitioner shall submit to the Zoning Administrator a letter giving notice of the appeal and required supportive information within 30 calendar days of the decision which is subject to the appeal. Supportive information shall include, but not be limited to the following:

1.

Copies of all materials submitted to the Technical Review Committee upon which the decision being appealed was based.

2.

Copies of any written decisions or findings of fact which are the subject of the appeal.

3.

A letter describing the reasons for the appeal noting specific sections of this Ordinance, Georgia State Code, or other standards applicable to Clayton County upon which the appeal is based.

B.

Public Meeting Notification: Notification for a scheduled public hearing regarding the Site Development Plan shall be completed consistent with the requirements of Article 13 of this Ordinance.

C.

Board of Zoning Appeals Hearing: The Board of Zoning Appeals will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the appeal and supportive information.

D.

Either the entity initiating the appeal or their representative must be present at the public hearing to present the appeal and address any questions from the Board of Zoning Appeals.

1.

The Board of Zoning Appeals shall consider a report from the Zoning Administrator, testimony from the petitioner, and testimony from any interested parties at the public hearing.

2.

The presentation of reports and testimony and all other aspects of the meeting shall be consistent with the requirements of the Rules and Procedures of the Board of Zoning Appeals.

3.

Upon hearing the appeal, the Board of Zoning Appeals may approve, approve with modifications, deny, or table the Site Development Plan application consistent with the approval procedure for applications referred to the Zoning Advisory Group by the Technical Review Committee described in this Article.

A.

Application Requirements: It shall be the responsibility of the petitioner to prepare and have certified, by a registered professional engineer in the State of Georgia, a complete set of Construction Site Plans, including profiles, cross-sections, specifications, and other supporting data for all required public streets, utilities, and other facilities. The applicant shall file an application for Construction Plan approval and the specified number of copies with the Department of Transportation and Development. This application shall:

1.

Be made on forms available at the Department of Transportation and Development and be signed and notarized by the owner and developer;

2.

Be accompanied by the specified number of copies of the Construction Site Plans meeting the requirements provided by the Department of Transportation and Development; and

3.

Be accompanied by a fee in the amount established by the adopted fee schedule.

B.

Processing Standards: No application shall be processed until the application is filled out correctly and all applicable attachments are presented to the Director of Transportation and Development.

C.

Technical Review Committee: The Director of Transportation shall contact the Zoning Administrator to place the application for Construction Site Plan Approval on the agenda for the applicable meeting of the Clayton County Technical Review Committee and distribute copies of the submittals to the Committee members.

1.

The applicant shall be responsible for obtaining the necessary approvals of utility providers, or other county, state, or federal agencies not represented on the Technical Review Committee.

2.

In reviewing the application, the Technical Review Committee shall consider whether or not the Construction Plans meet the requirements of this Ordinance and any other adopted and applicable construction standards or common engineering practices, and are consistent with the approved Site Development Plan.

3.

The Technical Review Committee shall make comments regarding the application and either approve, approve with modifications, table and recommend modifications, or deny the Construction Site Plan approval request.

a.

The Technical Review Committee shall approve the Construction Site Plans if they are consistent with the approved Site Development Plan and all applicable provisions of this Ordinance, other applicable construction standards, and common engineering practices.

b.

The Technical Review Committee shall approve the Construction Site Plans with modifications if minor modifications are required for the plans to be consistent with the approved Site Development Plan and all applicable provisions of this Ordinance, other applicable construction standards, and common engineering practices. Minor modifications are those which can be adequately agreed upon by the Technical Review Committee and the applicant at the Technical Review Committee meeting and which do not impact other aspects of the development's construction which would require subsequent review. The specified modifications shall be made by the petitioner and the specified number of Construction Site Plan sets provided to the Director of the Department of Transportation and Development within 90 calendar days of the Technical Review Committee meeting.

c.

The Technical Review Committee shall table and recommend modifications to Construction Site Plans which require significant modifications to be consistent with the approved Site Development Plan and all applicable provisions of this Ordinance, other applicable construction standards, and common engineering practices. The petition shall be placed on the agenda for the next applicable Technical Review Committee meeting. The petitioner shall provide the specified number of revised sets of Construction Site Plans to the Director of The Department of Transportation and Development for review prior to that meeting consistent with the adopted calendar of meeting and filing dates. The Director shall notify the Zoning Administrator of the receipt of the Construction Site Plans for placement on the next available agenda for the Technical Review Committee Meeting and distribute copies of the submittals to the Committee members.

d.

The Technical Review Committee shall deny the Construction Site Plans if they are found to be generally inconsistent with the approved Site Development Plan and any applicable provisions of this Ordinance, construction standards, and common engineering practices. Applicants may again apply for Construction Site Plan approval following a denial, and shall be required to pay all applicable fees consistent with the procedure for original petitions established by this Ordinance.

4.

Upon approval of Construction Plans by the Technical Review Committee, the Director and/or Zoning Administrator shall mark one set as "approved" and return it to the applicant with a Soil Erosion and Sedimentation Control Permit and/or Grading Permit for the approved construction.

The Construction Plans shall be based on the approved Site Development Plan. Construction Plans shall be prepared for all required improvements. Construction Plans shall be submitted in both paper (hard copy) and electronic format (on a disk in a format specified by the Department of Transportation and Development). Plans shall be drawn on standard 24 inch by 36 inch sheets at a scale of no less than 1 inch equaling 50 feet. The plans shall show the following:

F.

A map noting significant physical and topographical features of the tract. For plats containing more than two lots, a topographical map at typical intervals of 2 feet contours, which shall be extended 400 feet beyond the boundary lines of the proposed tract, shall be submitted. This map shall also show the direction of the flow of surface water runoff to and from the site.

G.

Profiles showing existing and proposed elevations along center liens of all streets. Where a proposed street intersects an existing street or streets, the elevation along the center line of the existing street or streets within one 100 feet of the intersection shall be shown. Radii of all curves, lengths of tangents, central angles on all streets, and the intersection details shall be shown.

H.

Plans and profiles showing the location and typical cross-section of streets including curbs, gutters, sidewalks, rights-of-way, drainage facilities, manholes, and catch basins. Plans shall also show the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, water lines, gas, and fire hydrants, showing connection to any existing or proposed utility systems.

I.

Location, size, elevation, and other appropriate descriptions of any other existing physical and natural features or facilities including features noted on the official map of local government, trees, the points of connection to proposed facilities and utilities, and the approximate high- and low-water elevations of all ponds, lakes, and streams.

J.

Any other construction details required to be shown by the Zoning Administrator or Technical Review Committee.

The petitioner shall obtain from the Department of Transportation information regarding the current Clayton County policies regarding the installation and inspection of public improvements. The applicant shall construct the development, or section thereof, consistent with the approved Construction Plans, and the policies and procedures of the appropriate inspecting agencies or persons. No site work or earthwork shall be allowed until an Erosion and Sedimentation Control Permit and Grading Permit has been issued.

[A.

] All required improvements shall be made by the petitioner, at his/her expense, without reimbursement by the local government or any improvement district therein.

[B.

] The petitioner shall be required to retain at his/her expense a licensed civil engineer or surveyor who shall certify that the development construction is in compliance with the approved Construction Site Plans.

[C.

] If the Department of Transportation and Development or any other County reviewing agent finds upon inspection that any of the required improvements have not been constructed in accordance with the construction standards and specifications, the petitioner shall be responsible for correcting any errors in construction and completing the improvements in accordance with such standards and specifications. Wherever the cost of improvements is covered by a performance surety, the petitioner and the bonding company shall be severally and jointly liable for completing the improvements according to the appropriate specifications.