The following article provides information on the process and procedure for the various plans, permits and certificates required for development in this Unified Development Ordinance.

(Ord. No. O-2024-33, § 1, 8-19-24)

Any development of regional impact (DRI) as defined under state law shall be submitted to the Atlanta Regional Commission (ARC).

A.

Types of approvals covered. The provisions of this section apply to any type of governmental action requested by a private party related to a development project, such as project approval, issuance of a development or building permit, or hook-up to a public utility. No permits shall be given until the DRI process is complete.

B.

Submission to ARC. Any development of regional impact (DRI) shall be submitted by the city to the Atlanta Regional Commission (ARC) when there is an application for a permit or approval to the city. Once the ARC has accepted the completed form and has made an official determination that the project is a DRI, the 45-day review period officially begins. The applicant will be responsible for providing the city with all background information for the DRI application.

C.

Final action by the city. Approval of the first request for governmental action by the city shall not be made on a development of regional impact until either:

1.

A report has been received from the ARC reflecting its findings and recommendations, if any; or,

2.

Said report is not received within 60 days of submittal of the application to the ARC.

(Ord. No. O-2024-33, § 1, 8-19-24)

A.

Effect on pre-existing uses. For a property on which a use, building, structure or other improvements existed in conformity with this unified development ordinance prior to the effective date of a zoning change affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed under the provisions for nonconforming development in article 11, administration and enforcement, of this unified development ordinance.

B.

Effect on pre-existing permits. Construction of any use, building, structure, or other improvements for which a building permit has been issued in conformity with this unified development ordinance prior to the effective date of a zoning change affecting the property may continue to completion as though no change had occurred and, upon completion, shall be governed under the provisions for nonconforming development in article 2 of this unified development ordinance, as applicable.

(Ord. No. O-2024-33, § 1, 8-19-24)

The following presents a summary of the plans and procedures involved in the land development approval and construction regulation process.

A.

Overview.

1.

Land Development with public improvements. The division of land into two or more lots that will require the construction or extension of public streets, water or other public facilities (other than the direct connection of buildings to existing facilities) shall be conducted as follows:

a.

Development plan approval is granted by the community development director and/or his or her designee upon review and formal acceptance of a development plan. This approval is valid for six months from the date of approval and will expire at the end of this time period unless one of the following approvals are secured prior to its expiration:

1)

A land-disturbance permit is granted (See article 9, natural resource protection; and see section 10.07, land disturbance permit);

2)

Reserved;

3)

A driveway permit is granted (See section 10.08, driveway permit); or

4)

A building permit is granted (See section 10.09, building permit).

Further, if no development activity occurs on the site pursuant to one of the above referenced permits or approvals during the 12 months immediately following issuance, or if development begins but then ceases for a period of 12 months, then the development plan approval shall expire.

b.

The preliminary plat shall conform to the design and layout shown in the approved development plan. Any significant deviation from the approved development plan shall be cause for rejection of the preliminary plat.

c.

A land disturbance permit is issued by the engineering department or its designee based on review and approval of a preliminary subdivision plat and the subsequent approval of the civil design and construction plans for construction of the subdivision.

d.

Receipt and approval by the engineering department and other intergovernmental departments of accurate surveys of the as-built condition of public improvements is required in order to allow filing of a final plat.

e.

Approval of a final subdivision plat by the mayor and city council will authorize recordation of the plat with the clerk of superior court.

f.

After recordation of the final plat, the lots may be sold and building permits on the lots may be obtained.

g.

No sooner than one year after recordation or 75 percent of build out, all public improvements shall be completed and will be inspected by the city for permanent dedication, which the requirements for said dedication are provided in this Unified Development Ordinance.

2.

Land development not requiring public improvements. The division of land into two or more lots, each of which will be adequately served by existing public streets, water and other public facilities, shall be conducted as follows:

a.

Acceptance of a final subdivision plat by the mayor and city council will authorize recordation of the plat with the clerk of superior court.

b.

After recordation of the final plat, the lots may be sold and building permits on the lots may be obtained.

3.

Multi-family and nonresidential projects.

a.

A land disturbance permit is issued by the engineering department based on review and approval of a site plan and civil design and construction plans for construction of the project.

b.

The site plan shall conform to the design and layout shown in the approved development plan. Any significant deviation from the approved development plan shall be cause for rejection of the site plan.

c.

A building permit is issued by the building official or his or her designee based on review and approval of architectural plans. Buildings falling under the authority of the state fire marshal shall be approved by the fire department prior to issuance of the building permit.

d.

Receipt by the engineering department and other intergovernmental departments of accurate surveys of the as-built condition of all public improvements is required in order to authorize permanent water and service.

e.

Permanent electric power and occupancy of the building is authorized by the building official or his or her designee based on final inspection and issuance of a certificate of occupancy.

4.

Phased development. When a development is planned and developed in phases, the amenities of the development shall be accommodated for, proportionately, in each phase. A performance bond is required by the city for all amenities.

B.

Development plan approval. A site plan for development of a multi-family or nonresidential project shall be approved by the community development department prior to the issuance of a land disturbance permit or initiation of any land-disturbing or construction activities in order to assure compliance with all zoning requirements and conditions of zoning approval.

1.

Development plan approval required. The community development director or his/her designee is responsible for the review and approval of a development plan. Every development plan shall show the following:

a.

Name and address of the property owner.

b.

Name, address, and telephone number of the applicant.

c.

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

d.

Proposed use of the property, if known.

e.

Location (land district and land lot) and size of the property in acres (or in square feet if less than an acre).

f.

Location sketch of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets or railroads. Location sketches may be drawn in freehand and at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet. U.S. Geological Survey maps may be used as a reference guide for the location sketch.

g.

Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

h.

Manmade features within and adjacent to the property, including existing streets and names, city and county political boundary lines, and other significant information such as location of bridges, utility lines, existing buildings to remain, and other features as appropriate to the nature of the request.

i.

The proposed project layout including the approximate outline and location of all buildings, and the location of all minimum building setback lines, outdoor storage areas, buffers, individual parking spaces and driveways.

j.

A statement as to the source of domestic water supply.

k.

A statement as to the provision for sanitary sewage disposal.

l.

The approximate location of proposed stormwater detention facilities.

m.

A rendering or elevation or photographs representative of similar structures, such that facade materials can be determined, printed on paper no smaller than standard letter size.

n.

Such additional information as may be useful to provide an understanding of the proposed use and development of the property.

2.

Responsibility for development plan approval.

a.

The community development director or his/her designee is responsible for administering the review and approval process for development plans.

b.

Reserved.

c.

A development plan preliminary plat or site plan may be prepared by a professional engineer, a registered land surveyor, or a landscape architect.

3.

Procedure for development plan approval.

a.

An application for development plan approval may be processed independently or in conjunction with an application for issuance of a land disturbance permit.

b.

An application for development plan approval shall be submitted to the community development department and/or its designee. The application shall include:

1)

The name and address of the person requesting review.

2)

A properly completed application form, as furnished by the community development department and/or its designee, requesting review for development plan approval.

3)

A PDF copy of the development plan and three hard copies of the preliminary subdivision plat or site plan showing the entire ownership drawn to the specifications of this section.

4)

Payment of the applicable application and review fees as established by the mayor and city council from time to time.

c.

The community development department will review the application for development plan approval for completeness within 15 business days of submission. Incomplete applications will be returned to the applicant.

d.

Following receipt of the application, the community development department and/or its designee, including but not limited to the engineering department, will indicate on the drawing or in writing all comments related to compliance with this development code.

e.

The owner is responsible for compliance with all codes, regulations and zoning requirements and for the satisfaction of all the noted and written comments and conditions imposed.

f.

The community development department and/or its designee, including but not limited to the engineering department, shall not approve any development plan that shows a lot or situation that would clearly require a variance in order to be reasonably usable, whether due to the presence of flood plain, unusual configuration, zoning compliance, or lack of public utilities, without explicit grant of a variance.

g.

When the community development department and/or its designee, including but not limited to the engineering department, has determined that the development plan is in compliance with the requirements, purpose and intent of this development code, it will be approved. Upon approval, the development plan will be scheduled for the next available committee meeting for a presentation with the city council. The community development director or his/her designee will sign and date an approval letter for transmission to the applicant.

h.

The letter of development plan approval will remain in effect for a period of one consecutive year after which time it will become null and void and a new certificate may be required if no permit has been issued or no development activity has begun.

4.

General standards for development plan approval.

a.

The proposed name of the development and proposed street names shall not duplicate or too closely approximate, phonetically, the name of any other development or street in the city or Douglas County. If shown to the contrary, the community development department and/or its designee may refuse to accept such development or street names. The development may use letter designations in place of proposed street names at the option of the applicant.

b.

The development plan shall be prepared on a boundary survey of the entire tract to be eventually subdivided or developed showing the location of the boundaries and dimensions of the tract to be developed.

c.

The development plan shall be clearly and legibly drawn at a standard engineering scale of not less than 100 feet to one inch (100:1). Sheet size may not exceed 48 inches by 36 inches nor be less than eight and one-half inches by 11 inches; however, the community development director or his/her designee may approve other sheet sizes and graphic scales as appropriate.

d.

In subdivisions of over 100 acres, preliminary plat specifications may be modified to exclude information relating to contours, and ground elevations, if in the judgment of the community development director or his/her designee, presentation of detailed data relating thereto is not necessary to evaluate the entire subdivision proposal. In such cases, however, a long-range development schedule for the entire development and a preliminary plat in accordance with the specifications for the sections of the subdivision not excepted shall be submitted. It is the intent of this provision that in all cases sufficient information shall be provided for an adequate evaluation of the public service needs in the area.

5.

Site plan requirements. A site plan must contain the following:

a.

Proposed name of development and its acreage.

b.

Name and address of the property owner and subdivider or developer.

c.

Name, address, and telephone number of the applicant.

d.

Date of survey, north point and graphic scale, source of datum, date of plan drawing, and revision dates, as appropriate.

e.

Proposed use of the property.

f.

Location (land district and land lot) and size of the property in acres (or in square feet if less than an acre).

g.

Location sketch map of the property in relation to the surrounding area with regard to well-known landmarks such as arterial streets, railroads or others. Sketches may be drawn in freehand and at a scale sufficient to show clearly the information required, but not less than one inch equal to 2,000 feet (1:2,000). US. Geological Survey maps may be used as a reference guide for the location sketch.

h.

Name and boundary of former approved subdivision if any or all of the land in the preliminary subdivision plat or site plan has been previously subdivided, showing boundaries of the lots to be re-subdivided.

i.

Zoning district classification of the subject property and all adjacent properties, and zoning district boundaries as appropriate.

j.

Rezoning and/or special land use permit application number, date of approval, and conditions of approval, as applicable.

k.

Zoning variances obtained on the property by application number, date of approval, and conditions of approval, as applicable.

l.

Natural features. Natural features within the property, shall be indicated, including:

1)

Ground elevations on the tract based on field surveys or photogrammetric methods from aerial photographs. The basis for the topographic information shall be shown. Contour lines shall be drawn at intervals of not more than two feet. Contour lines shall be based on a datum plane as approved by the community development department or its designee.

2)

Drainage channels, bodies of water, wooded areas and other significant natural features such as rock outcroppings and wetlands.

3)

On all watercourses leaving the property, the direction of flow shall be indicated, and for all watercourses entering the tract, the direction and acreage of the drainage area above the point of entry shall be noted.

4)

A notation clearly stating the water surface elevation of the 100-year flood level in relation to mean sea level as approved and accepted by the community development department or its designee. Any lands below this elevation shall be designated on the plat by a heavy contour line, depicting the 100-year flood level.

m.

Manmade features. Manmade features within and adjacent to the property, including street right-of-way and pavement widths, names of existing streets, all easements, city and county political boundary lines, and other significant information such as location and dimensions of bridges, utility lines and structures, existing buildings to remain, culverts and other features.

n.

The proposed project layout including:

1)

For land developments:

a)

Lot lines and street right-of-way lines, with proposed street names or letter designations and right-of-way widths;

b)

The front principal building setback line and the dimension of its length on each lot (i.e., the lot width); and

c)

Land to be reserved for amenities and/or public uses.

2)

For multi-family and nonresidential development:

a)

Site plans;

b)

The outline and location of all buildings; and

c)

The location of all minimum building setback lines, outdoor storage areas, buffers, parking areas, driveways, curb cuts, and designated fire lanes.

o.

The proposed phasing of the development if it is proposed to be built in sections.

p.

A statement as to the provision for sanitary sewage disposal. For those properties that will not be served by a public sanitary sewerage system, location and results of percolation tests as required and approved by the county health department and/or any other applicable governing authority are to be shown.

q.

The approximate location of proposed stormwater detention facilities.

r.

The location and width of all sidewalks.

s.

Such additional information as may be reasonably required to allow an adequate evaluation of the development activity proposed in the application.

(Ord. No. O-2024-33, § 1, 8-19-24)

A.

General requirements.

1.

Persons seeking to undertake development activity shall not commence or proceed until civil design and construction plans are approved and a development permit is issued by the community development department or its designee. The process for approval of a development plan and permit is presented in the following section, below.

2.

The civil design and construction plans for a project shall conform in all respects with the requirements of this development code and shall include each of the plans in this section as appropriate to the project. These include:

a.

Erosion and sedimentation control plan;

b.

Grading plan;

c.

Stormwater management plan;

d.

Street improvement plan;

e.

Landscaping, buffer and tree conservation plans; and

f.

Public utility plans.

3.

All civil design and construction plans and supporting studies shall be prepared by or under the supervision of a professional engineer registered in the state, except that the landscaping, buffer and tree conservation plans are to be prepared by or under the supervision of a professional landscape architect.

B.

Erosion and sedimentation control plan. Soil erosion and sedimentation control shall follow the regulations of article 9, natural resource protection.

C.

Grading plan.

1.

Grading plans shall identify existing and proposed topographic contour lines at two-foot intervals.

2.

Grading plans shall outline any area that is required to remain undisturbed, such as a natural buffer or tree protection area (as provided under article 8, general site development standards and/or article 9, natural resource protection) and shall identify and describe the protective fencing, staking or ribbon to be placed surrounding such area.

3.

If the property contains any area of special flood hazard (the 100-year flood plain), grading plans in and around the flood plain shall be designed in conformance to all requirements relating to flood damage prevention under the "project design standards" section of this development code.

D.

Stormwater management plan. The stormwater management plan shall conform to the regulations in article 9, natural resource protection, as applicable and shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The developer shall certify on the drawings that all clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the plan. The minimum information submitted for support of a stormwater management plan shall be as follows:

1.

Site plan. Provide a site plan drawn to a scale of not less than one inch equals 50 feet with the following characteristics and information:

a.

Graphic scale, north arrow, and date. The north arrow shall be identified as magnetic, true, or grid north.

b.

Vicinity map showing the site location relative to surrounding landmarks, highway intersections, rivers and streams.

c.

Topography showing existing and proposed elevations in accordance with the following:

1)

For sites smaller than one and one-tenth acres in size (47,916 square feet), show the direction of drainage and spot elevations at all breaks in grade and along drainage channels or swales at selected points not more than 100 feet apart.

2)

For sites of one and one-tenth acres and larger, show channels or swales at selected points not more than 100 feet apart.

3)

For sites of one and one-tenth acres and larger with slopes of more than two percent, show contours with an interval of not more than two feet.

4)

Elevations shall be based on the datum plane established by the United States Coastal and Geodetic Survey.

d.

Delineation of property lines and deed record names of adjacent property owners.

e.

Location and right-of-way of streets, roads, railroads and utility lines, either on or adjacent to the property to be developed. Specify whether utility lines are in easements or rights-of-way and show the location of towers and poles.

f.

Size and location of existing sewers, water mains, drains, culverts or other underground facilities within the tract or within the right-of-way of streets or roads adjoining the tract. Grades and invert elevations of sewers shall be shown.

g.

Location of existing buildings and other improvements.

h.

Proposed conditions:

1)

Layout of proposed streets, roads, alleys, drives, paved areas and public crosswalks, with widths and road names or designations.

2)

Storm sewer system improvements with grade, pipe size and location of outlet.

3)

Location of proposed buildings and other improvements.

2.

Stormwater management plan. The location and size of all proposed drainage improvements shall be designed in accordance with and meet all standards relating to stormwater drainage under the "project design standards" section of this development code. The stormwater management plan shall include:

a.

Location and profiles of all storm drainage pipes and slopes of receiving channels. Hydraulic grade lines to be shown on all pipes that cross streets and on all detention basin outfalls.

b.

Storm sewer profile sheets shall include:

1)

Existing ground profile.

2)

Finished ground profile.

3)

Slope of pipe.

4)

Pipe size and material.

5)

Scales (horizontal and vertical).

6)

Structure type and number (C.B. No. 1, D.A. No. 2, etc.).

7)

Drainage area and flow of structure.

c.

Stormwater detention facility design and construction details.

d.

Location and typical construction details of all inlets and catch basins, headwalls and other drainage structures.

e.

The 100-year ponding limits above each street cross drain.

f.

The stormwater management plan must also include:

1)

The hydrologic and hydraulic analysis required for the system design under the "project design standards" section of this development code.

2)

When required by the community development director or his/her designee, provide a soils investigation for all sites proposed as ponds or impoundments or for stormwater detention.

3)

Provide a reconstruction schedule for both temporary and permanent facilities. Reference the schedule to other development activities such as clearing, rough grading, construction, final grading, and vegetation establishment.

4)

Provide a plan for maintenance of the stormwater facilities. Describe specific actions and a recommended schedule of maintenance required to maintain the facilities at a satisfactory level of service.

5)

Provide a cost estimate for construction of the stormwater management facilities. Provide a separate estimate of the annual cost for maintenance of the proposed facilities.

E.

Street improvement plan.

1.

Street plan and profile sheets of all proposed streets shall be required, shown complete in both plan view and profile at the same horizontal scale. Profiles shall be drawn on standard plan and profile sheet with plan section showing street layout, pavement and right-of-way width, curvature, and required drainage facilities. Typical street sections shall be provided for street widenings.

2.

The following shall be included on each plan and profile sheet:

a.

Plan:

1)

Street width (back of curb to back of curb);

2)

Curve data (including P.I.'s, P.C.'s and P.T.'s);

3)

Drainage structures;

4)

Centerline stationing;

5)

Lot numbers;

6)

R.O.W. dimensions;

7)

Street names;

8)

North arrow and scale.

b.

Profile:

1)

Existing ground profile;

2)

Finished street profile;

3)

Finished grade elevations every 50 feet;

4)

Percent of grade;

5)

Vertical curves;

6)

Storm drains in the street;

7)

Sanitary sewer lines in the street (may be shown on separate sheet);

8)

Vertical and horizontal scales.

3.

Where sanitary sewer or stormwater sewers are to be installed within a street, the grade, size, location and bedding class of pipe, and the location and invert elevation of manholes shall be indicated on the street profile.

4.

Center line profiles covering streets that are extensions of existing streets shall include elevations at 50-foot intervals for such distance as may be adequate to provide continuity consistent with the standards required by this UDO for street improvements, but no less than 200 feet.

5.

All plan elevations shall be coordinated and sited into U.S. Coast and Geodetic Survey or Georgia Department of Transportation benchmarks where feasible or into reference monuments established by the Federal Emergency Management Agency.

6.

A street striping plan, showing striping in accordance with the Manual on Uniform Traffic Control Devices, latest edition as published by the Federal Highway Administration, shall be prepared for any street newly constructed or widened to four or more lanes.

F.

Landscaping, buffer, tree conservation, and land-disturbance plans.

1.

Land-disturbance plans; in general.

a.

All proposed landscaping as required by the "landscaping, buffering and screening" section of this UDO (in section 8.02), and trees to be retained or planted as required by the tree conservation provisions of article 9, natural resource protection, shall be illustrated.

b.

The plans may be consolidated on one sheet or drawn separately. Each plan is to include:

1)

Project name, land district, land lot and parcel number, north arrow and scale.

2)

Developer's name, address, and telephone number.

3)

The name, address and telephone number of the professional landscape architect or urban forester responsible for preparation of the plan and the seal or statement of professional qualifications of said person.

2.

Site landscaping plan. Landscaping shall conform to the regulations of article 8, general site development standards. A site landscaping plan shall be prepared whenever any frontage landscaping strip, side or rear yard landscaping area, parking lot landscaping or street-side landscaping is required by this UDO or conditions of zoning approval. The site landscaping plan is to show:

a.

Scale at one inch equals 20 feet unless otherwise approved by the community development director or his/her designee.

b.

North reference.

c.

The location and size of all utilities on the site.

d.

The location of all existing and proposed parking areas, sidewalks and other paved surfaces.

e.

The location of all existing and proposed buildings and structures.

f.

The boundaries of each required landscape strip or area.

g.

A planting plan showing the location, size and common name of proposed plant materials.

h.

The location, size and common name of all existing plant materials to be retained that contribute to meeting the minimum requirements of this Code for landscaping.

3.

Buffer plan. Buffering and screening shall conform to the regulations of article 8, general site development standards. A buffer plan shall be prepared for any structural buffer required in accordance with the specifications and standards contained in this development code. Plans shall not be required for natural buffers, which are to be shown on the grading plan, but must be delineated on the buffer plan sheet. The buffer plan shall show:

a.

The boundaries of each required buffer area.

b.

All grading and construction details for earthen berms, walls and fences that are proposed as part of the visual screen.

c.

A planting plan showing the location, size and type of proposed plant materials.

d.

The location, size and common name of all existing plant materials to be retained that contribute to meeting the minimum requirements of this Code for buffers.

e.

Typical cross-sections of the buffer illustrating the improvements proposed and typical location of vegetation. At least one cross-section shall be provided for each buffer.

4.

Tree conservation plan. Tree conservation plans shall conform to the regulations of article 9, natural resource protection, and shall be submitted as follows:

a.

A tree conservation plan must be submitted along with the other required documents for the issuance of a land-disturbance, construction, or other applicable permit by the community development director or his/her designee. Tree conservation plans must be prepared by a professional landscape architect, urban forester or arborist, in accordance with the plans and permits article (article 10) of this Development Code.

b.

The tree conservation plan must be shown on a copy of the preliminary plat or site plan, drawn to the same scale as the other plan documents prepared for a land-disturbance permit on the property, and shall cover the same area.

c.

The tree conservation plan shall comply with the Community Planting and Establishment Guidelines of the Georgia Forestry Commission, current edition, as applicable.

d.

The tree conservation plan shall show the following:

1)

The extent of the development site or disturbed area.

2)

Specimen trees.

a)

All specimen trees (as defined in this development code) that are proposed to be removed.

b)

All specimen trees that will remain on the development site and be protected during construction.

3)

Utility lines.

a)

Locations of proposed on-site underground utility lines.

b)

Locations of other on and off-site utility lines. Indicate areas where trees cannot be planted because of interference with:

i.

Existing or proposed utilities on public rights-of-way or on utility rights-of-way or easements; and

ii.

Existing utilities on adjoining properties.

4)

Delineation of all minimum yard areas, buffers, and landscape areas as required by this unified development ordinance, and/or conditions of zoning approval.

5)

Total acreage of the site and total acreage.

6)

Delineation of all areas located within the 100-year floodplain.

7)

Existing trees to be retained in tree protection areas:

a)

Trunk location and size (to the nearest in diameter at four and one-half feet above the ground) of individual trees proposed to remain for credit toward meeting the minimum tree density standard on the property.

b)

Groups of three or more trees whose dripline combine into a single tree protection area may be outlined as a group and their number, by diameter, shown on a summary table.

If the number and size of all existing trees to remain on the site exceeds the required tree density standard for the entire site, only those trees required to meet the minimum tree density standard must be shown. All tree protection areas are to be outlined and labeled.

8)

Tree protection measures:

a)

A detail or description of the protective tree fencing or staking and the location of such measures, which at a minimum shall follow the dripline of all trees to be retained along the adjoining areas of clearing, grading, or other construction activity.

b)

Measures to be taken to avoid soil sedimentation intrusion into tree protection areas and the location of such devices.

c)

Proposed location of temporary construction activities such as equipment or worker parking, material storage, burn holes, equipment wash-down areas and entrance pads.

d)

Proposed type and location of any tree save area signs or other pertinent signage.

9)

If new trees are proposed to be planted in order for the property to achieve the required tree density standard, the new trees shall be shown and their spacing and diameter identified, to the extent needed to achieve the minimum requirements. Trees grouped together in tree planting areas may be listed on the summary table by total number in the grouping, by size.

10)

A summary table of the number of existing trees to remain and new trees to be planted, by diameter to the nearest inch shall be shown along with calculations showing the tree density achieved for the site. Additional credits shall be noted where applicable. Groupings of trees in tree protection areas and areas for new tree planting may be keyed to the summary table by area rather than having each tree individually labeled on the plan.

G.

Public utility plans.

1.

Water system plan. If connection to a public water system is proposed or required, the domestic water supply plan shall depict all water system improvements, water mains, fire hydrants, valves and other appurtenances, and other information as may be required by the community development director or his/her designee, including:

a.

Size and material of water main construction.

b.

Location of all valves, fire hydrants, fittings, thrust blocks, etc.

c.

Location of all service lines.

d.

Street rights-of-way with street names.

e.

Lots and lot numbers.

f.

Existing mains being tied into and nearest existing fire hydrant or distance to nearest existing fire hydrant.

g.

Easements if not on the right-of-way.

h.

Location and layout of any recycled water systems.

i.

Stormwater collection systems (e.g. rain barrels, cisterns, bio swales, rain gardens).

2.

Sewage disposal plan.

a.

If a connection to a public system is proposed, sewage disposal plans are to include sanitary sewerage plans, including profiles of all mains and outfalls, lift station and force main details, typical manhole construction details, and other information as may be required by the community development director or his/her designee, such as:

1)

Existing ground profile.

2)

Finished ground profile.

3)

Slope of pipe.

4)

Pipe size and material.

5)

Scales (horizontal and vertical).

6)

Plan view of the line.

7)

Manhole designations.

8)

Invert elevations in and out of each manhole.

b.

For projects approved to be served by on-site sewage disposal systems, location of septic tank, extent of drain field and attendant structures, location and results of percolation tests, and other information shall be shown as required by the county health department and/or any other governing authority as applicable.

H.

Traffic study. Where a traffic study is required by this UDO, a written report for specified property prepared and stamped by a professional engineer must include the following:

1.

A vicinity map showing the location of the proposed development in relation to the transportation system;

2.

A description of proposed development including size and nature of the entire proposed development and proposed site access points;

3.

A proposed site plan;

4.

A description of adjacent land uses and roadway network including road names, classifications, lane configurations, traffic control and pedestrian, bicycle and transit facilities;

5.

Traffic volumes on existing roads at proposed access point(s) measured within the last 12 months;

6.

Operational analysis including average delay, level of service, volumes/capacity ratios, and queue length analysis of intersection of site access and main road and any additional study intersection(s);

7.

Accident data summary and analysis (data may be obtained from the City);

8.

Safety analysis of proposed site access including stopping sight distance, intersection sight distance, and operational characteristics;

9.

Growth factor based on historical count data in the area;

10.

Future no build base year volumes and performance evaluation;

11.

Future no build horizon year (five-year beyond base year) volumes and performance evaluation;

12.

Any assumptions including pass-by and internal capture;

13.

Trip generation from ITE latest edition;

14.

Trip distribution show distribution percentages and volumes;

15.

Access location and spacing;

16.

Turn lane warrants and analysis;

17.

Driveway analysis including lane configuration, queue lengths, throat length and channelization;

18.

Future build base year volumes and performance evaluation;

19.

Future build conditions horizon year (five-year beyond base year) volume and performance evaluation;

20.

Parking needs, required and provided spaces;

21.

Description and analysis of mitigation measures; and

22.

Appendix to include applicable raw count data, calculation sheets, computer software output of performance evaluation, and warrant worksheets.

(Ord. No. O-2024-33, § 1, 8-19-24)

A.

Responsibility for development actions.

1.

No person shall conduct any land-disturbing activity, including grading, clearing and grubbing, tree clearance, land development or project construction without first obtaining a land disturbance permit from the community development department or its designee to perform such activity. Such permit shall be on a form as provided by the city and shall include all information as identified in this subsection. The application shall be authorized by the property owner.

2.

The community development department or its designee is responsible for administering the review and approval process for issuance of land disturbance permits. The department shall forward a copy of the land disturbance permit application, including the civil design and constructions drawings for the project, to other departments, the Soil and Water Conservation Commission District, the Georgia Department of Transportation or others as appropriate, for their review and comment. The comments shall be sent to the applicant for resolution, and the community development department or its designee shall issue the land disturbance permit when all requirements of this UDO are met.

3.

Approval of plans by the community development department or its designee shall not imply or transfer acceptance of responsibility for the application of the principles of engineering, architecture, landscape architecture or any other profession, from the professional, corporation or individual under whose hand or supervision the plans were prepared.

4.

[Reserved.]

5.

The completion of inspections and authorization for work continuation shall not transfer responsibility for the quality of the work performed or materials used from the owner, nor imply or transfer acceptance of responsibility for project design or engineering from the professional, corporation or individual under whose hand or supervision the plans were prepared.

6.

No land disturbance permit shall be interpreted to relieve any owner of the responsibility of maintaining full compliance with all applicable codes, ordinances and other regulations. Any land disturbance permit issued in error or in contradiction to the provisions of this UDO shall be considered to have been null and void upon its issuance.

7.

Liability.

a.

The approval of an erosion and sedimentation control plan or other plans under the provisions of this development code, the issuance of a land disturbance permit, or the compliance with any other provisions of this UDO shall not relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the mayor and city council or the soil and water conservation district for damage to any person or property.

b.

The fact that any activity for which a land disturbance permit has been issued results in injury to the property of another shall neither constitute proof of, nor create a presumption of, a violation of the standards provided for in this UDO or the terms of the land disturbance permit.

B.

Development activities authorized. A land disturbance permit shall be issued to authorize all activities associated with development activity regulated by this Code, subsequent to the issuance of a soil disturbance permit, including, but not limited to, the construction of such improvements as streets, surface parking areas and drives, stormwater drainage facilities, sidewalks, or other structures permanently placed on or in the property except for buildings, signs, or other structures requiring the issuance of a building permit or other type of permit as required by this unified development ordinance.

C.

Process for approval of land disturbance permit. An application for a land disturbance permit may proceed simultaneously with an application for a preliminary subdivision plat or site plan but may not be issued prior to project approval of such plat or plan by the community development department or its designee.

1.

The application for a land disturbance permit shall be submitted to the community development department or its designee and must include the following:

a.

Application on the form furnished by the department, requesting review for issuance of a land disturbance permit.

b.

Three hard copies and one digital submittal copy of:

1)

The preliminary plat or site plan requesting or reflecting project approval; and

2)

The civil design and construction drawings prepared in conformance with the specifications and standards in this development code.

c.

Payment of any land disturbance permit fee, as established from time to time by the mayor and city council.

2.

The application will be checked for completeness within 15 business days of its submission. Incomplete applications, as determined in the sole discretion of the community development director or his/her designee, will be returned to the applicant.

3.

Upon acceptance of a land disturbance permit application, the community development department or its designee shall refer the soil erosion and sedimentation control plan to the soil and water conservation district for its review and approval or disapproval concerning the adequacy of the erosion and sedimentation control plan. No land disturbance permit will be issued unless the plan has been approved by the district, and any variances and bonding, if required, have been obtained.

4.

The applicant may be required by the community development department or its designee to secure land disturbance approval from other agencies if they are affected by the development. Land disturbance approval may be required from the following agencies including but not limited to:

a.

County health department.

b.

Soil and water conservation district.

c.

Georgia Department of Transportation.

d.

Georgia Department of Natural Resources.

e.

US Army Corps of Engineers.

f.

US Environmental Protection Agency.

5.

Upon receipt of comments from these and other departments and agencies as required, the community development department or its designee will indicate on a copy of the civil design and construction drawings or in writing all comments related to compliance with this development code, conditions of zoning approval, and other regulations or ordinances, as appropriate.

6.

The community development department or its designee will forward its comments to the applicant.

7.

The applicant will be responsible for compliance with all codes, regulations and zoning requirements and for the satisfaction of all of the comments received. The owner will also be responsible for obtaining approval from all other agencies affected by the project.

8.

Civil design and construction plans rejected three successive times without completing review due to failure to comply with city standards or good engineering practice as determined by the community development director or his/her designee shall be ineligible for resubmittal for a period of not less than 90 days.

9.

No land disturbance permit will be issued unless the applicant provides a statement by the county tax commissioner's office certifying that all ad valorem taxes levied against the property and due and owing have been paid.

D.

Required performance surety.

1.

Stormwater performance surety. Upon approval of the stormwater management plan, but before the issuance of a building permit or land disturbance permit approval, the applicant shall be required to post a performance bond, cash escrow, or other acceptable form of performance security.

a.

The amount of the surety shall not be less than the total estimated construction cost of the facilities required by the stormwater management plan.

b.

The performance bond or other securities shall not be released until the following requirements have been met. The director of the community development department or his/her designee shall:

1.

Perform a final inspection of the facilities and determine that they have been constructed in compliance with the stormwater management plan.

2.

Determine that all provisions of the stormwater management plan have been faithfully executed.

c.

A provision may be made for partial release of the amount of the bond pro rata upon completion and acceptance of various stages of development as specifically delineated, described and scheduled in the stormwater management plan. The applicant shall notify the community development department or its designee upon completion of each stage that is ready for inspection. The applicant shall provide proof of compliance with these provisions, including but not limited to proof of the sedimentary and erosion surety, to the engineering department or its designee.

2.

Erosion and sedimentation performance surety. Soil erosion and sedimentation control shall follow the regulations of article 9, natural resource protection.

E.

Issuance of land disturbance permit.

1.

Following satisfaction of all comments, receipt of approvals from all affected agencies and receipt of all required bonds, the engineering department or its designee shall issue a land disturbance permit authorizing development activities to begin based on the approved civil design and construction drawings.

2.

No land disturbance permit shall be issued unless the erosion and sedimentation control plan has been approved by the soil and water conservation district and the engineering department or its designee has affirmatively determined that the plan is in compliance with all requirements of this UDO. If the land disturbance permit is denied, the reason for denial shall be furnished to the applicant.

3.

If the tract is to be developed in phases, then a separate land disturbance permit shall be required for each phase.

4.

Approved civil design and construction plans. Two hard copies and one digital set of reviewed plans shall be retained by the city for record purposes. All plans on the project site for the purpose of construction by contractors, subcontractors or the developer must be plans that are the plans most recently approved by the city as part of the current land disturbance permit. No construction other than clearing or rough grading may take place prior to review of the construction plans and then only if the developer has an approved erosion control plan.

5.

A holder of a land disturbance permit shall notify any successor in title as to all or any portion of the property affected by the approved land disturbance permit regarding the conditions contained in the permit. Transfer of title to any permitted property, prior to termination of the permit, shall not act to release the original title and permit holder from liability for compliance with the terms of this chapter, unless and until such time as:

a.

A new permit has been issued to the successor in title; or

b.

The permit has been transferred to the successor in title as follows:

1)

The successor in title has submitted a request to the issuing authority in writing that the permit be transferred to him or her; and

2)

The successor in title has complied with the bonding requirements of this section; and

3)

The city has approved transfer of the permit in writing. Any transfer of a permit under the authority of this subparagraph shall bind the successor permit holder to the same plan, requirements, variances, and permit conditions as the former permit holder. All successors in title to permitted properties shall request in writing a transfer of the permit or shall apply for a new permit contemporaneously with their receipt of title to the permitted property, or within 20 days thereafter; failure of a successor in title to comply with this requirement, whether or not the permit of the former title holder has been terminated, shall subject the successor in title to any and all penalties prescribed by this development code.

6.

Maintenance of all soil erosion and sedimentation control measures and practices, whether temporary or permanent, shall be at all times the responsibility of the owner.

7.

Subsequent to issuance of a permit, and after all land-disturbing activity has ceased and the property has been stabilized to a permanent and continuous state of compliance with this chapter, the city shall inspect the property and shall terminate the permit and release the requirements for bond and/or letter of credit required by this section. The city shall make such inspections routinely in conjunction with inspections for release of paving bonds and issuance of certificates of occupancy where there is or has been construction in progress on the permitted property. For other permitted properties, inspections shall be made pursuant to request of the permit holder after payment of any required inspection fees.

8.

The land disturbance permit may be suspended, revoked or modified, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this development code.

F.

Deviation from or changes in plans.

1.

Upon completion of review of the civil design and construction plans, no deviations or changes from the reviewed plans shall be allowed without a complete resubmittal of the plans indicating the changes with a letter of explanation as to why the changes were necessary, along with any resubmittal fee as may be set by the mayor and city council from time to time.

G.

Expiration of land disturbance permit.

1.

A land disturbance permit shall expire if the development activity described in the permit is not begun within six months from the date of issuance.

2.

Any land disturbance permit that has expired may be renewed by the community development department or its designee within six months of expiration. If a land disturbance permit has expired for more than six months, the applicant shall be required to apply for a new land disturbance permit under the land disturbance permit approval process of this unified development ordinance.

A.

No driveway connecting to a public street or a public right-of-way or public property shall be repaired or installed without first having approval from the public services director or his/her designee. If the driveway connects to a state or U.S. numbered highway, approval of the Georgia Dept. of Transportation shall be required prior to city approval.

B.

Applications shall be made to the public services department or its designee for local streets, to the Georgia Department of Transportation on state and U.S. numbered highways and other streets in instances where DOT maintains access control and/or to the county where county maintained roads exist.

C.

A permit shall expire for work not started within six months or completed within 12 months after issuance of a permit, and a new permit shall be required before beginning or completing the work.

(Ord. No. O-2024-33, § 1, 8-19-24)

A.

Procedures to obtain a building permit. A building permit issued by the building official is required in advance of the initiation of construction, erection, moving or alteration of any building or structure in accordance with the provisions of section 8.04 of this UDO. A building permit shall be issued only on a legal lot of record. No building permit shall be issued for a lot in a proposed subdivision before filing for recordation of the final plat, except for a single permit issued for the entire tract proposed for subdivision. All structures shall comply with the requirements of this development code, whether or not a building permit is required.

B.

Procedure for approval. The building official is responsible for administering and enforcing the building codes of the city.

1.

Prior to issuance of a building permit the owner shall have received a land disturbance permit if required by this development code.

2.

Except for single-family residential dwellings in an approved subdivision for which the final plat has been filed for recordation, zoning verification shall be obtained from the community development department or its designee. The following shall be attached to the zoning verification application:

a.

For a single-family detached or two-family dwelling, a plat or other indication of the location of the lot.

b.

For a multi-family or non-residential building, the site plan for which project approval was granted by the city.

(Ord. No. O-2024-33, § 1, 8-19-24)

A.

It is unlawful to use or occupy or permit the use or occupancy of any part of a building, structure, or premises, until a certificate of occupancy has been issued stating that the building or structure or premises conforms to the requirements of the building codes and this UDO.

B.

A certificate of occupancy is required for any of the following:

1.

Occupancy and use of a building or structure constructed or enlarged;

2.

Change in use of existing buildings to uses of a different classification; or

3.

Any change in use of a nonconforming use, lot or building.

C.

Permanent electric power may not be supplied to any structure until a certificate of occupancy shall have been issued and the power company contacted by the building official.

D.

A record of all certificates of occupancy shall be maintained by the building official and a copy shall be furnished upon request to any person.

(Ord. No. O-2024-33, § 1, 8-19-24)