The Planned Unit Development (PUD) district is intended to permit private or public development or redevelopment of areas throughout the County that are substantially in accord with the goals and objectives of the Comprehensive Plan. The use patterns of the areas involved shall provide a desirable environment and shall be harmonious with the general surrounding uses permitting flexibility in overall development while ensuring the highest of safeguards and standards for public health, safety, convenience and general welfare. The PUD district shall encourage the use of land in accordance with its character and adaptability; conserve natural and social/cultural resources and provide sustainable design and energy efficiency; encourage innovation in land use and community planning; and bring about a greater compatibility of design and use.

The purpose of the PUD is to stimulate the development of balanced neighborhoods containing physical, economic, and social assets difficult to achieve through the traditional separation of uses and density limits. This is accomplished by allowing the applicant the freedom necessary to: protect natural resources; protect and improve social and economic development; and, to protect the investment of both the County and the development.

In reviewing the PUD, the following guidelines should be observed:

A.

The protection of both the aesthetics and function of the natural environment.

B.

The arrangement of buildings and other improvements advantageous to the orderly function and aesthetics of both the natural and man made environment,

C.

The preservation of adequate, permanent open space for the use of residents and workforce in the development and the County.

D.

A variety of housing types and densities necessary to achieve and balanced neighborhood.

E.

The provision land area necessary to accommodate all cultural, educational, recreational, and other activities necessary to serve the needs of the development and County.

F.

The orderly and creative arrangement of all land uses with respect to each other and the County (including residential, commercial, industrial and public uses).

G.

The provision of developed recreational activity areas necessary to serve the needs of any residential portion of the development.

H.

The provision of a pedestrian environment separate from the vehicular environment.

I.

The creation of neighborhoods compatible with the County's Comprehensive Land Use Plan.

Sec. 7.2.1. Uses.

All uses indicated as permitted, accessory, and conditional in all zoning districts except HI (Heavy Industrial) are uses subject to the approval of the Board of Commissioners in the same manner as conditional uses. Approved uses shall be so indicated by the Board's adoption of the approved site plan.

Sec. 7.2.2. Site plan.

The proposed PUD site plan must provide for a minimum of twenty percent (20%) open space. The site plan must also indicate each permitted use, including number of lots, size of lots and setbacks. Any non-residential use shall be integrated with the community, and not designed to cater exclusively to outside markets. The approved site plan shall constitute the zoning of the property.

(Ord. No. 2017-41, § 23, 5-30-17)

Any applicant may propose a Planned Unit Development District in accordance with the procedures established in this Article. Further, the applicant making such a proposal must intend to act as developer or sponsor of the development. A parcel or site proposed for Planned Unit Development need not be under single ownership, but the applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed.

To be eligible for Planned Unit Development consideration, the applicant must present a proposal for residential development that meets each of the following:

A.

Recognizable benefits. A Planned Unit Development shall result in a recognizable and substantial benefit, both to the residents of the property and to the overall quality of life in the County. The benefits can be provided through site design elements in excess of the requirements of this ordinance, such as high quality architectural design, extensive landscaping, transition areas between adjacent land uses, unique site design features, unified access, provision of social space, preservation of woodlands and open space, particularly along major thoroughfares, and buffering development from lakes, rivers, streams and wetlands. This benefit should accrue, in spite of any foreseeable detriments of the proposed development.

B.

Uses proposed. The uses proposed will have a beneficial effect, in terms of public health, safety, welfare or convenience or any combination thereof, on present and potential surrounding land uses. The uses proposed will encourage a more efficient use of public utilities and services and lessen the burden on circulation systems, surrounding properties, and the environment. This beneficial effect for the County (not the developer) shall be one which could not be achieved under any other single zoning classification. The zoning is warranted by the design and amenities incorporated in the development proposal.

C.

Qualification requirements. The proposed development shall provide at all of the following:

1.

Preservation of significant natural assets. The site contains significant natural assets such as woodlands, rolling topography with grades exceeding fifteen (15) percent, significant views, natural drainage ways, water bodies, floodplains, regulated or non-regulated wetlands, or natural corridors that connect quality wildlife habitats which would be in the best interest of the County to preserve and which might be negatively impacted by conventional residential development.

2.

Recreation facilities. If the site lacks natural features, it can qualify if the development will preserve existing or provide new recreation facilities and open spaces to which all residents of the development shall have reasonable access. Such facilities include areas such as a neighborhood park, plazas, golf course, passive recreational facilities, soccer fields, ball fields, bike paths or similar facilities which provide a feature of community-wide significance and enhance residential development.

3.

Mixed use & Infill development/redevelopment. The development will provide a complimentary and integrated mixture of uses, residential densities and housing types. A project which proposes a combination of single-family detached and multiple-family housing or a mixture of compatible residential and commercial uses may be considered a Mixed Use Project. Such mixture of uses shall be integrated into a cohesive, pedestrian scale neighborhood. Land located within the older urbanized area of the County qualify for development as mixed use.

4.

Infill development/redevelopment. Land located within the older urbanized area of the County qualify for development as mixed use.

D.

Guarantee of open space. Usable open space shall be provided, as required herein. The applicant shall guarantee to the satisfaction of the County that all open space portions of the development will be maintained in the manner approved.

E.

Cohesive neighborhood. The proposed development shall be designed to create cohesive community neighborhoods through a network of spaces such as parks, plazas and common open space areas for passive or active recreation and resident interaction. All open space areas shall be equally available to all residents of the development.

F.

Unified control. The proposed development shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed.

G.

Density impact. The proposed type and density of use shall not result in an unreasonable increase in the need for or impact on public services, facilities, roads, and utilities in relation to the use or uses otherwise permitted by this ordinance, and shall not place an unreasonable impact to the subject and/or surrounding land and/or property owners and occupants and/or the natural environment.

H.

Parking. Off-street parking sufficient to meet the minimum required by Section 6.32, Parking Standards, shall be provided. Deviations from the Parking Standards are possible, and require justification via a valid traffic study.

I.

Landscaping. Landscaping shall be provided so as to ensure that proposed uses which may impede upon neighboring uses will be adequately buffered from one another and from surrounding public and private property. Landscaping and buffering sufficient to meet the minimum required by Section 6.34, Landscaping Standards, and Section 6.35, Buffer Yard Standards, shall be provided. Deviations from the Landscaping Standards and Buffer Yard standards will be considered, provided that a landscape plan prepared and stamped by a certified landscape architect is prepared and submitted. Said landscape plan will bear the burden to prove how the proposal is more beneficial than the Landscaping Standards and Buffer Yard standards.

J.

Circulation. Vehicular and non-motorized (pedestrian) circulation, allowing safe, convenient, uncongested and well-defined/understandable circulation within and to the district, shall be provided.

K.

Comprehensive plan. The proposed development shall be consistent with and further the implementation of the Adopted Clayton County Comprehensive Plan and Future Land Use Map for the County.

(Ord. No. 2017-41, § 23, 5-30-17)

Residential densities shall be consistent with the County's approved Comprehensive Plan and Future Land Use Map.

(Ord. No. 2017-41, § 23, 5-30-17)

A.

Basic regulations. All regulations applicable to setbacks, parking and loading, general provisions, and other requirements shall be met in relation to each respective land use in the development based upon zoning districts in which the use is listed as a permitted, accessory, or conditional use. The height, bulk, and area conditions set forth in Article 3, Zoning District Intent, Uses and Standards, shall be used as guidelines for the use areas set forth in the PUD plan.

B.

Regulatory flexibility. To encourage flexibility and creativity consistent with the intent of the PUD regulations, the County Board of Commissioners may permit specific departures from the requirements of the zoning ordinance for yards and lots as a part of the approval process. Any regulatory modification shall be approved through a finding by the County that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards.

1.

A table shall be provided on the site plan which specifically details all deviations from the established zoning area, height and setback regulations, off-street parking regulations, general provisions, or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this PUD article. This specification should include ordinance provisions from which deviation are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety, and welfare in lieu of the regulations from which deviations are sought. Only those deviations consistent with the intent of this ordinance shall be considered.

(Ord. No. 2017-41, § 23, 5-30-17)

A.

Common open space. Common open space, other common properties and facilities, individual properties, and all other elements of a PUD district shall be planned so that they will achieve a unified open space, community green or plaza and recreation area system, with open space and all other elements in appropriate locations, suitably related to each other, the site and surrounding lands. All land within a development that is not devoted to a residential unit, an accessory use, vehicle access, vehicle parking, a roadway, an approved land improvement or a commercial use, shall be set aside as common land for community use, recreation or conservation. Grading in the open space shall be minimal, with the intent to preserve existing significant topographic features, where such resources exist.

B.

Amount of open space. A PUD shall maintain a minimum of twenty (20) percent of the gross area of the site as dedicated open space held in common ownership.

C.

Recreational open space area. At least one-half of the minimum required open space shall be usable, active recreational open space that is accessible to all residents of the PUD and not include any part of a golf course. Recreational facilities such as playgrounds, athletic fields, or picnic pavilions shall be provided at a minimum.

D.

Areas not considered open space. The following land areas are not included as dedicated open space for the purposes of this Article:

1.

Area proposed as single-family residential lots.

2.

Area proposed to be occupied by multiple-family dwellings, including the minimum required setbacks around buildings.

3.

Any portion of the project used for office, institutional, commercial, or industrial purposes, including the minimum required setback around buildings.

4.

The area of any street right-of-way or equivalent private road easement.

5.

Any required stormwater detention or retention facilities.

6.

Any required landscapes strips and or buffers.

5.

Any submerged land area of a lake, river, stream or stormwater detention, or retention pond.

E.

Location of open space. Common open space shall be planned in locations visible and accessible to all in the PUD. The common open space may either be centrally located along the road frontage of the development, located to preserve significant natural features, or located to connect open spaces, such as parks, common greens, plazas or buffers, throughout the development.

F.

Pedestrian Connections. All open space areas and public spaces shall be linked with each other and with existing and future open spaces in adjacent development through the required sidewalk system or use of pedestrian pathways as identified within Section 6.14, Public Sites and Open Space Standards of the Subdivision Ordinance [Section 86-159. of this Code].

G.

Protection of open space. The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the County, such as: recorded deed restrictions, covenants that run perpetually with the land or conservation easements. Such conveyance shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. The dedicated open space shall forever remain open space, subject only to uses approved by the County on the approved site plan. Further subdivision of open space land or its use for other than recreation or conservation purposes, except for easements for utilities and septic systems, shall be strictly prohibited.

H.

Allowable structures. Any structure(s) or building(s) accessory to a recreation use may be erected within the dedicated open space, subject to the approved open space plan.

The general procedure for establishing a Planned Unit Development (PUD) is as follows:

A.

Prior to filing a Planned Unit Development petition, the applicant must submit a sketch plan to the Zoning Administrator. The Zoning Administrator will make a cursory review of the sketch plan and give the applicant comments within ten (10) calendar days of submission. The Zoning Administrator may also convene a conference with representatives from the County and the applicant to discuss the application and review process. At this conference, the applicant will be provided with information regarding the procedural review requirements, design and development standards, submission requirements, and design and construction requirements for infrastructure and natural resource protection.

B.

The applicant then files a Conceptual Development Plan and all supporting application documentation with the Department of Community Development.

C.

The Technical Review Committee then reviews the Conceptual Development Plan and all supporting application documentation and provides comments to the applicant.

D.

The applicant then files a rezoning petition requesting the Planned Unit Development classification and a Detailed Development Plan with the Department of Community Development. If a subdivision is required, a Preliminary Plat shall also be filed at this time and shall follow the appropriate procedures set forth in the Clayton County Subdivision Control Ordinance.

E.

The Technical Review Committee then reviews the application and provides comments to the applicant.

F.

The application is then placed on the agenda of the Zoning Advisory Group for a public hearing on the rezoning of the property and for review of the Detailed Development Plan and Preliminary Plat.

G.

The Zoning Advisory Group then reviews the petition and forwards a recommendation to the Board of Commissioners to grant or deny the rezoning request and the Detailed Development Plan.

H.

The Board of Commissioners reviews the rezoning petition and the Detailed Development Plan and the recommendation from the Zoning Advisory Group and votes to approve or disapprove the rezoning petition and the Detailed Development Plan.

I.

If the Board of Commissioners approves the rezoning and Detailed Development Plan, the land is officially rezoned.

J.

The Official Zoning Map is amended to reflect the zoning change, the date of approval by the Board of Commissioners, and the resolution number.

K.

When approved, the Detailed Development Plan shall be signed by the Zoning Advisory Group Chairman and/or Vice-chairman. The applicant may then begin procedures for obtaining Erosion and Sedimentation Control Permit and Grading Permit. The Board of Commissioners must have approved the Detailed Development Plan prior to the issuance of any Erosion and Sedimentation Control Permit and Grading Permit. If a subdivision is required, the Preliminary Plat must also be approved prior to the issuance of an Erosion and Sedimentation Control Permit and Grading Permit. The Detailed Development Plan becomes the zoning on the property.

(Ord. No. 2017-41, § 23, 5-30-17)

All applications shall be obtained through the Department of Community Development. Fees shall be paid at the Planning and Zoning Office at the time petition is submitted.

A.

All applications shall be made on forms provided by the Zoning Administrator. All petitioners shall submit original applications which are completed in their entirety either in ink or typed. All applications shall be signed and notarized (if required).

B.

All petitioners shall submit copies of applications and necessary attachments as required by the adopted policies of the Zoning Administrator and the applicable Rules and Procedures of the Department of Community Development.

C.

All petitions shall be assigned a reference and/or docket numbers by the Zoning Administrator. Petition applications shall be scheduled by the Zoning Administrator for the appropriate public hearings based on the completeness of the application consistent with the requirements of this Article and the appropriate adopted calendar of filing and meeting dates for the Technical Review Committee, Zoning Advisory Group, and/or Board of Commissioners.

A.

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

1.

A vicinity map showing the use and zoning of all properties within 1,320 feet of the property subject to the Conceptual Development Plan.

2.

A map of any property adjacent to the property included in the Conceptual Development Plan which is owned or otherwise controlled by any or all of the petitioners and a description of the future development of that property and its relationship with the Conceptual Development Plan.

3.

A letter verifying that proper waste disposal will be available to the property.

a.

For proposals using septic systems, a letter from the Clayton County Board of Health shall be provided verifying that the site of the proposed planned unit development is appropriate for use of septic systems and that the proposed development conceptually can be adequately served.

b.

For proposals using public sewers, a letter from the Clayton County Water Authority or other service provider shall be included verifying that the proposed planned unit development can be served.

B.

Conceptual Site Plan Data: The scale of the plan shall not exceed 1"=100'. The Conceptual Development Plan may include any additional graphics which will explain the features of the development, but shall include the following:

1.

A description of the property and petitioners involved, including:

a.

the name and address of the applicant;

b.

the proposed name of development;

c.

the address of the site (if applicable);

d.

a legal description of the property;

e.

the name, address, telephone number, and professional stamp of the land surveyor or engineer responsible for the preparation of the Conceptual Development Plan;

f.

a legend and notes, including a graphic scale, north point, and date;

g.

Additional information required by the Zoning Administrator or other County Official; and

h.

Any other information that the Petitioner deems appropriate.

2.

The proposed land use areas, including total acreage and total dwelling units if any, of the following:

a.

Detached single-family residential land use areas not to exceed 5.0 units per acre.

b.

Multiple family residential land uses areas at a density of 5.0 to less than 12.0 units per acre.

c.

Multiple family residential land use areas at a density of 12.0 to less than 20.0 units per acre.

d.

Multiple family residential land use areas at a density of 20.0 or more units per acre.

e.

Commercial/non-residential land use areas, including gross leasable area building footprint.

f.

Industrial land use areas.

g.

Public and quasi-public land use areas, including sites for schools, parks, playgrounds, water retention facilities, and community facilities.

3.

A description of all existing and proposed conditions of the subject property and adjacent properties within 400 feet of the subject property, including:

a.

the existing and proposed layout of streets, open space and other basic elements of the plan;

b.

all existing and proposed easements and their purpose;

c.

the location of natural streams, regulated drains, 100-year floodplains, floodways, water courses, marshes, wooded areas, isolated preservation worthy trees, wetlands, historic features, existing structures, dry wells, utility lines, fire hydrants, and any other significant feature(s) on the site and within 400 feet adjacent to the site that may influence the design of the development;

d.

a general description of the location and types of structures on the subject site and adjacent sites within 200 feet of the subject site, including the distances between the structures, their setbacks, and lot coverage;

e.

proposals and plans for handling traffic, parking, sewage disposal, tree preservation and removal, lighting, signage, landscaping, and other pertinent development features;

f.

a general statement of the covenants and written commitments to be made a part of the Planned Unit Development. As well as the order and estimated time of development;

g.

a statement of the proposed order of development of the major elements of the project, including phasing, if applicable, and the order and content of each phase;

h.

the land use categories within the development, including setbacks, building square footage, and building envelopes;

i.

A topographic survey of the area with contour lines a maximum of 2 feet apart; and,

j.

A utilities plan, including storm sewer, sanitary sewer, water, and general drainage.

C.

Technical Review: The application materials shall be reviewed by the Technical Review Committee, consistent with the provisions of Article 12 of this Ordinance, in a meeting scheduled based on the adopted calendar of meeting and filing dates.

1.

Either the petitioner(s) or a representative of the petitioner(s) shall be present during the review to answer questions regarding the petition.

2.

Any revisions to the application materials or the proposal requested by the Committee shall either be addressed during the review meeting or through revised application materials submitted prior to submitting the Detailed Development Plan.

(Ord. No. 2017-41, §23, 5-30-17)

A.

Application: The petitioner shall submit a Planned Unit Development Rezoning and Detailed Development Plan Review application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a deed for the property involved, the required filing fee, the Detailed Development Plan, and supporting information. The Detailed Development Plan filing must occur within 6 months of the Conceptual Development Plan approval, or the process shall be required to begin again with the filing of the Conceptual Development Plan described above. Supporting information shall include, but not be limited to the following:

1.

A vicinity map showing the use and zoning of all properties within 1,320 feet of the property subject to the Conceptual Development Plan.

2.

A map of any property adjacent to the property which is subject to this Detailed Development Plan owned or otherwise controlled by any or all of the petitioners, and a description of the future development of that property and its relationship with the Conceptual Development Plan.

3.

A letter verifying that proper waste disposal will be available to the property.

a.

For proposals using septic systems, a letter from the Clayton County Board of Health shall be provided verifying that the site of the proposed planned unit development is appropriate for use of septic systems and that the development will be adequately served.

b.

For proposals using public sewers, a letter from the Clayton County Water Authority or other service provider shall be included verifying that the proposed planned unit development will be served.

4.

If a subdivision plat is necessary in conjunction with the rezoning petition, the Preliminary Plat shall also be filed at this time for review by the Department of Community Development following the procedures established by the Clayton County Subdivision Control Ordinance. Any such Preliminary Plat approval shall be conditioned subject to the Board of Commissioners approving the rezoning to a Planned Unit Development district.

5.

Any covenants, conditions, and restrictions to be recorded for the development.

6.

A statement indicating financial responsibility sufficient to complete the public improvements shown on the Detailed Development Plan.

B.

Fee Establishment: Independent consultants or companies may be retained by the Clayton County Board of Commissioners or the Zoning Advisory Group to seek assistance to properly review the proposed Planned Unit Development. The cost of such review shall be reimbursed to the Department of Community Development by the petitioner. The petitioner shall be advised of the estimated fees and costs and may withdraw their request from consideration at that time. All reasonable consultant and other fees required by this Ordinance to be paid by the petitioner shall be paid on an on-going monthly basis throughout the entire Planned Unit Development approval process, with the last payment due within 30 calendar days of the conclusion of a final decision on the Detailed Development Plan. All required fees must be paid regardless of whether the proposed Planned Unit Development is approved, amended, rejected, or withdrawn.

C.

Detailed Development Plan Data: The scale of the plan shall not exceed 1"=100'. The Detailed Development Plan may include any additional graphics which will explain the features of the development, but shall include the following,

1.

The following shall be included in the Detailed Development Plan submission:

a.

All documents and information included in the Conceptual Development Plan, as updated and/or amended.

b.

Written approval from the Clayton County Water Authority, or any other service provider.

c.

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.

d.

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.

e.

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.

f.

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.

g.

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 Detailed Development Plan.

h.

Proposed covenants and written commitments.

2.

The compilation of information shall:

a.

Include an index identifying all documents included in the Detailed Development Plan.

b.

Include a cover sheet indicating that it is the Detailed Development Plan and indicating the date.

c.

Be bound together with all documents submitted on paper 8-1/2 × 11 inches in dimension, except for the maps, sketches, plans and conceptual layout(s) which must be folded to 8 1/2 × 11 inches.

D.

Technical Review: The application materials shall be reviewed by the Technical Review Committee, consistent with the provisions of Article 12 of this Ordinance, in a meeting scheduled based on the adopted calendar of meeting and filing dates.

1.

Either the petitioner(s) or a representative of the petitioner(s) shall be present during the review to answer questions regarding the petition.

2.

Any revisions to the application materials or the proposal requested by the Committee shall either be addressed during the review meeting or through revised application materials submitted prior to the Zoning Advisory Group hearing.

E.

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

F.

Zoning Advisory Group Public Hearing: The Zoning Advisory Group will, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the application and required supportive information.

1.

Either the petitioner or a representative of the petitioner must be present at the public hearing to present that petition and address any questions the Zoning Advisory Group may have.

2.

The Zoning Advisory Group shall consider a report from the Zoning Administrator, recommendation from the Technical Review Committee, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

3.

The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the Rules and Procedures of the Zoning Advisory Group.

4.

Upon review, the Zoning Advisory Group may table the petition or give a recommendation to the Board of Commissioners to grant or deny the Rezoning and Detailed Development Plan.

a.

The petition shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed in Section 7.12 of this Article. The Zoning Advisory Group may accept or require written commitments from the petitioner as part of any rezoning or Detailed Development Plan approval.

b.

The petition shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed in Section 7.12 of this Article.

c.

The petition shall be tabled consistent with the adopted Rules and Procedures of the Zoning Advisory Group.

5.

If the Zoning Advisory Group gives an unfavorable recommendation, the applicant may re-file a revised Detailed Development Plan within 90 calendar days to be reviewed and reconsidered by the Technical Review Committee and the Zoning Advisory Group following the process specified above. The petitioner shall provide notice to the Zoning Administrator within ten (10) calendar days of the Zoning Advisory Group's decision of their intentions to re-file, withdraw the petition, or proceed with the hearing by the Board of Commissioners. An application may be withdrawn without prejudice up to and including the date of the Zoning Advisory Group meeting. Withdrawal subsequent to that time shall mean such application may not be resubmitted for consideration for a period of six (6) months, counting from the date of withdrawal to the date of the renewed application. Unless withdrawn at a hearing, the withdrawal must be in writing, signed and dated by the applicant.

6.

The Zoning Advisory Group shall certify its recommendation on the Rezoning and Detailed Development Plan by resolution to the Board of Commissioners within 10 calendar days of its decision. The Zoning Administrator shall forward to the Board of Commissioners appropriate copies of the Zoning Advisory Group's resolution, the original application and all supportive information, any staff reports regarding the petition, and Ordinance for the Board of Commissioners' consideration.

G.

Board of Commissioners' Hearing: The Board of Commissioners shall hold a public hearing and vote on the proposed Planned Unit Development rezoning and the Detailed Development Plan within sixty (60) calendar days of its certification by the Zoning Advisory Group.

1.

The Board shall provide notification of action on the amendment consistent with Georgia State Code and Article 13 of this Ordinance.

2.

The Board of Commissioners may either approve or deny the Rezoning and Development Plan consistent with the decision criteria provided by Section 7.12 of this Article. The Board may also seek modifications or additions to any written commitments as described in this Article.

3.

If the Board of Commissioners disapproves the rezoning, the applicant must wait 1 year before resubmitting another petition.

4.

If the Board of Commissioners approves the rezoning, the land is officially rezoned.

5.

The Official Zoning Map must be amended to reflect the zoning change, date of approval by the Board of Commissioners, and the resolution number.

H.

Detailed Development Plan Implementation: The implementation of a Detailed Development Plan must be consistent with the following provisions:

1.

When approved, the Detailed Development Plan shall be signed by the Board of Commissioners' Chairman and/or Vice-Chairman.

2.

All written commitments shall be recorded with the Clayton County Clerk of Superior Courts and must clearly state that they are enforceable by the Board of Commissioners.

3.

Detailed Development Plan approval is required prior to the issuance of an Erosion and Sedimentation Control Permit or Grading Permit.

4.

If a subdivision plat is required, the Construction Plans must be approved prior to the issuance of an Erosion and Sedimentation Control Permit or Grading Permit.

5.

The Department of Community Development, Department of Transportation and Development, or any other reviewing department may specify any additional plan documentation or supporting information not already stated that is required prior to the issuance of an Erosion and Sedimentation Control Permit or Grading Permit.

6.

Upon one hundred (100) percent completion of the development the public improvements shall be dedicated to the County if required or allowed by the Detailed Development Plan. Also, the Zoning Administrator and Director of Transportation and Development, or his/her designee, may review the completed project for compliance with the Detailed Development Plan.

In reviewing the Planned Unit Development rezoning petition, the Zoning Advisory Group and Board of Commissioners shall pay reasonable regard to the following:

A.

The extent to which the proposal fulfills the purpose and intent of this Article.

B.

The Clayton County Comprehensive Plan and any other applicable, adopted planning studies or reports;

C.

The current conditions and the character of current structures and uses in each zoning district;

D.

The most desirable use of which the land in each district is adapted;

E.

The conservation of property values throughout Clayton County; and

F.

Responsible growth and development.

A.

Proposed Zoning Conditions: The Board shall have the authority to impose zoning conditions on any rezoning application. Additionally, the petitioner in any rezoning application may suggest proposed zoning conditions relating to ameliorating the negative characteristics of the proposed future use of the subject property, or relating to the resolution of outstanding issues in existence on the subject property.

1.

Proposed conditions may be submitted by the petitioner as an element of the initial submittal of application materials, as a response to comments made through the Technical Review Committee, or in response to any modifications requested by the Zoning Advisory Group during the public hearing.

2.

The members of the Department of Community Development, the Zoning Advisory Group, or the Board of Commissioners may also suggest proposed zoning conditions.

3.

The Board of Commissioners shall consider all proposed zoning conditions in its review of the rezoning application. At the Board of Commissioners request, any deletion, addition, or alteration of the proposed zoning conditions may be referred back to the Zoning Advisory Group for consideration and inclusion in a revised or affirmed recommendation regarding the application.

4.

Final action on any rezoning application may include approval with or without zoning conditions, tabling for more information, denial or approval of a different zoning classification than initially proposed. Zoning conditions may also be modified. Zoning conditions should be in writing or clearly stated for the record, and should be kept with the minutes of the rezoning. The zoning map shall be annotated to indicate a conditional rezoning. Zoning conditions shall be recorded in the deed records to provide further notice.

5.

Any zoning conditions imposed shall be considered part of this zoning amendment binding on the subject property. Zoning conditions shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in the subject property or portion thereof. Zoning conditions shall be enforceable by the Clayton County Department of Community Development and the Board of Commissioners consistent with the adopted provisions for the enforcement of any aspect of this zoning amendment.

6.

Zoning conditions may be modified only through the Zoning Amendment process described in this ordinance.

The Zoning Administrator shall have the authority, in the administration of the Planned Unit Development, to approve minor modifications of the Detailed Development Plan without a public hearing in a manner consistent with the purpose or intent of the overall development. Minor changes are those that implement only slight alterations to the approved conditions, made necessary by actual field conditions at the time of development, that do not alter the impact of the development on nearby properties nor the intent or integrity of the conditions as originally imposed. Any request for minor change of the Detailed Development Plan shall be made in written form to the Zoning Administrator. Furthermore, the request for minor change shall be accompanied by copies of the revised Detailed Development Plan.

Any major change to conditions attached to an approved Detailed Development Plan shall require an application and hearing before the Zoning Advisory Group and the Board of Commissioners as is required in this Ordinance for amendments to the Planned Unit Development distinct. Without limiting the meaning of the phrase, the following shall be deemed to constitute "major change" for purposes of interpreting this section:

1.

The movement of any building or structure adjacent to an exterior boundary line, closer to the boundary line of the property;

2.

Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building;

3.

Any change in any buffer requirement(s) imposed in the original conditional zoning amendment;

4.

Any increase in the height of any building or structure; or

5.

Any change in the proportion of floor space devoted to different authorized uses.

An adversely affected party may appeal any decision by the Zoning Administrator to the Board of Zoning Appeals within thirty (30) calendar days of the determination. The Board of Zoning Appeals has the authority to establish rules governing the nature of proceedings and notice required to make a modification under this Article.

Covenants, when required by the Board of Commissioners, shall be set forth in detail. Furthermore, covenants shall provide for the release of restrictions upon execution of a document so stating and suitable for recording bearing signatures of the Board of Commissioners' Chairman and/or Vice Chairman, upon authorization by the Board of Commissioners, and signatures of all the owners of property in the area involved in the petition for whose benefit the covenant was created. Covenants required by the Board of Commissioners shall provide that their benefits be specifically enforceable by the Department of Community Development. An executed recorded copy shall be provided to and maintained in the Community Development Department office.

A.

Adequate provisions shall be made for a private organization (i.e., Home Owner's Association) with direct responsibility to, and control of, the property owners involved to provide for the operation and maintenance of all common facilities if such facilities are a part of the Planned Unit Development; and, in such instance legal assurances shall be provided which show that the private organization is self-perpetuating.

B.

All common facilities not dedicated to the public shall be maintained by the private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, sanitation, and public utility vehicles can serve the contiguous and adjacent properties. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

All approved Detailed Development Plans, covenants, written commitments, plats, and modifications thereof shall be recorded in the office of the Clayton County Clerk of Superior Court within ten (10) calendar days of approval. The developer shall provide two (2) copies bearing recording information to the Department of Community Development for its records.

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 the Detailed Development Plans, this Ordinance, and any other adopted and applicable construction standards or common engineering practices, and are consistent with the approved Preliminary Plat.

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 Detailed Development Plans 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 Detailed Development Plans 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 Detailed Development Plans, all applicable provisions of this Ordinance, and 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 Detailed Development Plans 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 Detailed Development Plans. 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:

A.

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.

B.

Profiles showing existing and proposed elevations along center lines 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.

C.

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.

D.

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.

E.

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 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.

Upon the abandonment of a development authorized under this section (abandonment shall be deemed to have occurred when no substantial improvements have been made pursuant to the approved Detailed Development Plan for 24 consecutive months), or upon the expiration of four (4) years from the approval of the Detailed Development Plan for a development which has not been completed, the Board of Commissioner may rezone the property to the previous zoning district or any other zoning classification with proper public notice and action as described by this Ordinance.

Upon abandonment of a development, the Zoning Administer shall contact the property owner of the expiration of four (4) year period. Prior to the public hearing, the owner may provide the Zoning Administrator with any documentation for consideration by the Board of Commissioners. If official documentation is provided, the Board of Commissioners shall pay reasonable consideration to the following occurrences:

1.

Substantial monetary value placed into the development of the land,

2.

A delay resulting from court action involving the property in question,

3.

Non-availability of utilities or facilities resulting from government inaction, and

4.

A delay in development resulting from receiving permitting and proper approval from a Federal of State Agency.

An extension, not to exceed twenty-four (24) months, for accomplishing any matters set forth within this Article may be granted by the Board of Commissioners for good cause shown.

(Ord. No. 2017-41, § 23, 5-30-17)

All proceedings brought under this section are subject to the Rules of Procedure of the Board of Commissioners, where not described otherwise herein.