This article is enacted for the following purposes:

(1)

Encourage economically sound and stable land development.

(2)

Ensure the provision of required streets, utilities and other facilities and services to land developments.

(3)

Ensure the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian, in land developments.

(4)

Ensure the provision of needed public open spaces and building sites in land developments through the dedication or reservation of land for recreational, educational and other purposes.

(5)

Ensure that land is developed in conformity with the comprehensive plan for the city.

(6)

Ensure equitable handling of all subdivision plats by providing uniform procedures and standards for observance by the subdivider, the sanitarian, the city and the planning and zoning commission.

(Ord. of 3-20-2006)

In their interpretation and application, the provisions of this article shall be held to be the minimum requirements for the protection and promotion of the public health, safety and welfare.

(Ord. of 3-20-2006)

The city council grants the planning and zoning commission the right to exercise the power and authority to review, approve and disapprove plats of land subdivision prior to the recording of such plats in the office of the clerk of the county superior court, within the city, which show lots, blocks or building sites with or without new streets.

(Ord. of 3-20-2006)

(a)

Public provisions. These regulations of this article are not intended to interfere with, abrogate or annual any other ordinance, rule or regulation, statute or other provision of law. Where any provision of this article imposes restrictions different from those imposed by any other provision of this article or any other ordinance, rule, regulation or provision of law, whichever provision is more restrictive, or imposes higher standards, shall control.

(b)

Private provisions. The regulations of this article are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where such provisions exercise the power and authority to review, approve and disapprove plats of land subdivided prior to the recording of such plats in the office of the clerk of the superior court of the county within the city, which show lots, blocks or building sites with or without new streets.

(Ord. of 3-20-2006)

This article shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue or affecting the liability of any person, firm or corporation.

(Ord. of 3-20-2006)

Upon the adoption of the resolution from which this article is derived, the existing land subdivision regulations of the city, as amended, are hereby repealed.

(Ord. of 3-20-2006)

For any change in a map of an approved or recorded subdivision plat, including vacation of part or all of any plat, if such change affects any street layout shown on each map, or area reserved thereon for public use, or any lot line, or if it affects any map or plan legally reached prior to the adoption of any regulations controlling subdivisions, such parcel shall be reviewed, approved, or disapproved by the planning and zoning commission by the same procedure, rules and regulations as for a subdivision.

(Ord. of 3-20-2006)

Where the planning and zoning commission finds that extraordinary hardships or practical difficulties may result from strict compliance with this article and/or the purpose of this article may be served to a greater extent by an alternative proposal, it may approve a variance to this article's regulations so that substantial justice may be done and the public interest secured, provided the planning and zoning commission shall not approve a variance unless it shall find, based on the evidence presented, that the following conditions are met:

(1)

The granting of the variance shall not be detrimental to the public safety, health or welfare, or injurious to other property.

(2)

The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not generally applicable to other property.

(3)

Because of the particular physical surrounding, shape or topography of the specified property, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of this article was carried out.

(4)

The variance will not in any manner vary the provisions of this chapter, comprehensive plan or official map, should any or all of these exist.

(Ord. of 3-20-2006)

In approving a variance, the planning and zoning commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this article.

(Ord. of 3-20-2006)

A petition for any variance shall be submitted in writing on forms provided by the zoning department by the subdivider at the time when the preliminary plat is submitted for the consideration of the planning and zoning commission. The petition shall state fully the grounds for the request and all of the facts relied upon by the petitioner. The granting of any variance shall be made concurrent with the approval of the preliminary plat.

(Ord. of 3-20-2006)

(a)

It shall be the duty of the building inspector to enforce this article, and to bring to the attention of the city any violation or lack of compliance herewith.

(b)

No owner, or agent of the owner, of any parcel of land located in a proposed subdivision, or an existing subdivision shall transfer or sell any such parcel before a plat of such subdivision had been approved by the planning and zoning commission in accordance with provisions of this chapter and filed with the clerk of the superior court of the county.

(c)

The subdivision of any lot or parcel of land, by the use of metes and bounds description for the purpose of sale, transfer or lease, shall not be permitted except as provided for by the requirements set forth in this article.

(d)

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

(e)

Any person, firm or corporation who fails to comply with or violates any of the regulations of this article shall be guilty of a misdemeanor.

(Ord. of 3-20-2006)

Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this article; to prevent unlawful construction; to recover damages to restrain, correct or abate a violation; to prevent illegal occupancy of a building structure or premises; and these remedies shall be in addition to the penalties described in section 75-532.

(Ord. of 3-20-2006)

The following criteria shall be used to evaluate and determine the recommendations for the proposed amendments and or variances to the this article:

(1)

The current zoning and existing use. The following considerations shall be given to surrounding and nearby property:

a.

Current nonconforming uses.

b.

Any home occupations.

c.

Transitional trends.

(2)

The effect of property values. The following considerations shall be given to the effects on property values:

a.

Loss or gain to proposed property.

b.

Loss or gain to surrounding property.

(3)

Desirability of property for proposed use. The following considerations shall be given to the desirability of the property for the proposed use:

a.

The intended use of the property.

b.

Site planning adaptation to topography, watershed and vegetation.

c.

Parking, buffer zones, open spaces, utility services and external accessibility.

(4)

Effect on the public welfare. The following considerations shall be given to the effect on the public welfare:

a.

Living conditions.

b.

Traffic.

c.

Noise and lights.

d.

Pollution.

e.

Health and safety of the general public.

(5)

The length of time the property has been vacant as currently zoned. The following considerations shall be given to the length of time the property has been vacant as currently zoned:

a.

Marketability as zoned, versus proposed zoning.

b.

Highest and best use of property as permitted by zoning, present and future.

(6)

Conformity with current land use. The following considerations shall be given to the proposed use's conformity with current land use:

a.

Availability of alternative sites.

b.

Effect on municipal services.

c.

Effect on future annexation.

(7)

Public health and safety. The consideration of any other factors relevant to the protection of or promotion of the public health, safety and general welfare as to the unrestricted use of property.

(Ord. of 3-20-2006)

At any public hearing held under this article, the following procedure shall be followed:

(1)

Minutes of the meeting will be taken by the board secretary. Should a complete transcript of the meeting be requested, it will be provided at the expense of the person making the request.

(2)

No set time limit will be set for each person to talk, but it is suggested that remarks be kept short and to the point.

(3)

The following chart is an outline of how the meeting will be held:

a.

Hearing called to order.

b.

Proposal or ordinance summarized.

c.

Applicant or proponent states their case.

d.

Persons in favor testify.

e.

Persons in opposition testify.

f.

Rebuttal and cross examination.

g.

Hearing closed.

h.

Recommendations submitted by the planning and zoning commission to official body.

(Ord. of 3-20-2006)

The criteria of section 75-563 shall be used to evaluate and determine if changes proposed by the city council and/or planning and zoning commission are to be recommended.

(Ord. of 3-20-2006)

The criteria of section 75-563 shall be printed and made available to the public to aid in the preparation for a change in this article, a zoning change or a request for subdivision approval. The building inspector shall have such criteria, along with a checklist of procedures to follow, to request any of the above changes.

(Ord. of 3-20-2006)

(a)

Any persons, jointly or severally, aggrieved by any decision of the city planning and zoning commission shall have the right of appeal to city council, if such appeal is filed with the building inspector within 30 days of the rendering of the decision by the planning and zoning commission.

(b)

Any persons, jointly or severally, aggrieved by any decision of city council regarding any subdivision matter shall have the right of appeal to a court of law if such appeal is filed with the clerk of court within 30 days of the rendering of the decision by the city council.

(Ord. of 3-20-2006)

(a)

Conformance to applicable rules and regulations. In addition to the requirements established in this article, all subdivision plats shall comply with the following laws, rules and regulations:

(1)

The Georgia Plat Act.

(2)

All applicable statutory provisions.

(3)

The city land use regulations, and all other applicable laws of the appropriate jurisdictions.

(4)

The comprehensive plan, official map, and capital improvements programs of the city, if any of these exist and are in effect.

(5)

Any and all rules of the city health department and/or appropriate state agencies.

(6)

The rules of the state highway department, if the subdivision, or any lot contained therein, abuts a state highway.

(7)

The Soil Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.).

(b)

Plats straddling political boundaries. Whenever access to a subdivision is required across land in another governmental jurisdiction, the planning and zoning commission may request assurance from the city attorney that access is legally established, and from the city that the access road is adequately improved. In general, lot lines shall be laid out so as to not cross-jurisdictional boundary lines.

(c)

Suitability of the land. Land subject to flooding, inadequate drainage or erosion or that is for topographical or other reasons unsuitable for residential use shall not be platted for residential use, nor for any other use that will continue to increase the danger of health, safety and property destruction, unless the hazards can be and are corrected prior to the final plat approval.

(d)

Rejection of land dedication. Whenever a plat proposes the dedication of land to public use that the planning and zoning commission finds not suitable for such public use, the planning and zoning commission shall refuse to approve the plat. Should the planning and zoning commission find that a proposed dedication of land to public use on the preliminary plat or final plat is not required, the planning and zoning commission shall strike such dedication from the plat prior to its approval. Should the planning and zoning commission find that a proposed dedication of land to public use on the final plat is not required, the planning and zoning commission shall refuse to approve that plat.

(e)

Subdivision name. The proposed name of the subdivision shall not be duplicated, nor closely approximate phonetically or visually, the name of any other subdivision in the city. The planning and zoning commission shall have final authority to designate the name of the subdivision, which shall be determined at preliminary plat approval.

(f)

Large-scale developments. The requirements of this article may be modified in the case of a large-scale community, commercial or neighborhood development which is not subdivided into customary lots, blocks and streets. Such modifications shall conform to the purpose and intent of this article, and shall follow the requirements for a planned unit development (PUD) as included in this chapter.

(g)

Required improvements. The requirements of this subsection shall apply to every major subdivision and shall be planned for and provided by the subdivider by installation and/or payment prior to the approval of the final plat.

(1)

Street names. All streets be named and marked with MUTCD signs. Street names shall have the approval of the post office and shall not duplicate, nor closely approximate phonetically or visually, the name of any other street in the city, nor the name of any other street within the applicable postal service delivery area. A street that is in alignment with an existing street shall continue the name of the existing street.

(2)

Streets. All streets shall be designed, constructed and paved in accordance with the standards set forth in this article. No street shall be accepted by the city until it shall have been in public use for one year (one-year warranty period) and all repairs required by the city have been completed to the satisfaction of the city. To initiate the one-year warranty period the city must conduct an inspection of the road, grading, grassing, and so forth to determine its suitability and the developer/owner must post a warranty bond or irrevocable letter of credit for at least double of the cost of paving the road or a mutually agreed upon cost. It is the responsibility of the developer to maintain all streets until they are accepted by the city, and issue a surety bond to the city, to provide for such maintenance and repair, should the developer not be able to conduct the required repairs, as provided by this article. The developer shall install all necessary traffic control signs as required by the city. In addition, the subdivider shall provide suitable ground cover, such as grass, on all unpaved areas of street right-of-way or other public areas. All grassing shall be done to DOT specifications. If at the end of the one-year warranty period, the road is not in good maintenance, the city will require the developer/owner to make such repairs to bring the road into good maintenance. If after 30 days' notice from the city the developer/owner has not made the required repairs, the city may seek to obtain the warranty bond or irrevocable letter of credit.

(3)

Utilities.

a.

Generally. All water, sewer and natural gas lines shall be along street rights-of-way, underground and located on back slopes of rights-of-way across drainage ditches away from pavements in order to prevent damage to the pavement during utility construction or maintenance. Where required, because of topography, location of existing utilities or other factors, the planning and zoning commission may allow the installation of utilities in other areas.

b.

Water. If a public water system is located reasonably near the proposed subdivision, water mains shall be installed by the subdivider within the subdivision with connections to each lot extended to the lot lines. If a public water system is not available, the subdivider shall provide a water supply through a community water system or individual wells in conformity with the regulations of the city health department and this chapter.

c.

Sewer. If a public sanitary sewer system is located reasonably near the proposed subdivision, sewer mains shall be installed by the subdivider within the subdivision with connections to each lot extended to the lot line. If a public sewer system is not available, the subdivider shall provide a community sewage collection and treatment system or individual septic tank systems in conformity with the regulations of the city health department and the state department of natural resources.

(4)

Storm drainage.

a.

Design. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots and any drainage feature must be capable of handling at least the 25-year storm event. Sensitive or high-risk areas will require handling larger storm events, which will be the responsibility of the designing engineer.

b.

Design certification. A registered engineer must certify that the proposed storm drainage improvements and other proposed construction is adequate.

c.

Connection to existing systems. If a storm system is located reasonably near the proposed subdivision, then the subdivision must contain an underground storm drainage system, which will be connected to the existing system. Should a storm drainage system not exist then adequate surface drainage facilities shall be installed.

d.

Stormwater management. Stormwater detention facilities or other forms of suitable storage features will be required where more than a five percent increase in runoff occurs between the calculated pre-developed flows and the calculated post-developed flows. The maximum "C" factor to be utilized while calculating flows by the rational method shall be 0.25 for flat and rolling terrain and 0.30 for hilly (seven percent plus) terrain. Calculations shall be shown for the two-, five-, ten-, and 25-year storm events. Emergency spillways shall be sized to handle at least the 100-year storm event. For pre-developed flows, the time of concentration (TOC) shall not be less than ten minutes.

e.

Roadside ditches. Front and back slopes for roadside ditches shall be 3:1 or flatter. Ditches shall be designed to handle at least the 25-year storm event and velocities within the ditch are recommended to be held below five feet per second. Velocities above five feet per second will require additional stabilization practices. Erosion matting meeting DOT specifications is recommended and may be required within any ditch. Check dams or other suitable structures shall be placed in accordance with the "Manual for Erosion and Sediment Control in Georgia", latest edition.

f.

Drainage structures. Where drainage pipes, curb inlets, junction boxes, headwalls, and other structures are utilized, these shall conform to the Georgia DOT Standard Detail Manual, latest edition.

g.

Curb and gutter. Curb and gutter meeting Georgia DOT Standard Detail Manual specifications, is recommended for any new development. In residential areas, curb and gutter may either be 24-inch standup ("L" backing) or roll-back type. In commercial and industrial areas, 30-inch standup is recommended. Associated junction boxes, piping, transitions, and other appurtenances shall meet Georgia DOT specifications.

(Ord. of 3-20-2006)

Block lengths and widths shall be as follows:

(1)

Blocks shall not be greater than 1,200 feet, nor less than 400 feet in length, except in unusual circumstances.

(2)

Blocks shall be wide enough to provide two tiers of lots for minimum depth except where abutting arterial streets or railroads or other situations make these requirements impractical.

(3)

Blocks shall have pedestrian walkways of not less than four feet in width where deemed essential by the planning and zoning commission to provide circulation or access to schools, playgrounds, shopping centers, transportation and other public or community facilities.

(4)

Except where topographic or other conditions make a greater length unavoidable, as determined by the planning and zoning commission, cul-de-sacs (dead-end streets) should not be greater than 1,200 feet in length. It is recommended that they be not greater than 500 feet in length in multifamily areas. They shall be provided at the closed end with a turnaround having a property line radius of at least 60 feet with an outside pavement radius of at least 40 feet for residential developments and a larger radius for commercial and industrial developments. Temporary paved turnarounds shall be provided for dead-end streets, which are scheduled to be extended at a later date.

(Ord. of 3-20-2006)

Alleys may be required at the rear of all lots used for multifamily, commercial or industrial development. Alleys in single-family residential subdivisions shall not be permitted, unless the subdivider provides evidence satisfactory to the planning and zoning commission of the need for alleys.

(Ord. of 3-20-2006)

Where a subdivision abuts or contains an arterial street or railroad right-of-way, the planning and zoning commission may require a street approximately parallel to, and on either side of, such right-of-way as an access road, or it may require a non-access buffer zone reserved strip. Lots shall not have direct access to an arterial street, but only to the access street.

(Ord. of 3-20-2006)

Residential lots shall meet the lot requirements of this chapter. Commercial and industrial lots shall be adequate to provide services areas and off-street parking suitable for the intended use, and shall be in conformity with the requirements of this chapter. Corner lots shall have adequate width to meet building setback requirements from all abutting streets.

(Ord. of 3-20-2006)

All side lot lines shall be perpendicular or radial to street lines, unless topographic or other features are more practical. All lot lines should follow a logical pattern.

(Ord. of 3-20-2006)

Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of development from an arterial street or to overcome specific disadvantages of topography and orientation.

(Ord. of 3-20-2006)

The planning and zoning commission may require easements having an adequate width and located along rear or side lot lines for utility lines, drainage and underground cables, with provision for access from a public way.

(Ord. of 3-20-2006)

Reserve strips which control access to street and public grounds shall be permitted only when the reserve strip is deeded to the city.

(Ord. of 3-20-2006)

In order to provide for roads suitable in location, width and improvement, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, the following design standards for roads are hereby required and shall be planned for and provided by the subdivider, prior to the approval of the final plat. Road classifications may be indicated in the comprehensive plan; otherwise, they shall be determined by the planning and zoning commission.

(Ord. of 3-20-2006)

(a)

Minimum street rights-of-way. Minimum street right-of way widths shall be as follows:

(1)

Collector street, 64 feet;

(2)

Sub-collector street, 60 feet;

(3)

Lane, 60 feet; and

(4)

Alley, 24 feet.

(b)

Additional rights-of-way. Right-of-way widths in excess of the standards designated in this article shall be required whenever, due to topography, additional widths are necessary to provide adequate cut slopes. Such slopes shall not be in excess of three to one.

(Ord. of 3-20-2006)

Street pavement widths shall be as follows:

(1)

Collector street, 24 feet without curb and gutter and 22 feet of pavement excluding extra width for curb and gutter (24-inch curb and gutter shall be 26 feet back of curb to back of curb);

(2)

Sub-collector street, 20 feet without curb and gutter and 18 feet of pavement excluding extra width for curb and gutter;

(3)

Lane, 20 feet and 18 feet with curb and gutter; and

(4)

Alley, 18 feet (residential); 20 feet (commercial or industrial).

(Ord. of 3-20-2006)

(a)

Clearing and grubbing right-of-way. This work shall consist of removing and disposing of all vegetation and debris within the right-of-way to a depth of at least three feet below the existing grade for any fill sections and three feet below finished sub grade for any cut sections. Topsoil shall be stripped and stockpiled for later use. All stump holes shall be backfilled and compacted to 98 percent of the Standard Proctor density with a suitable material, class I or II material. All compaction tests and their associated costs, as described herein, shall be the responsibility of the contractor/developer.

(b)

Subgrade. This work shall consist of placing, mixing, compacting and shaping the top six inches of soil. This work also includes subgrade stabilization. The subgrade shall be compacted to 98 percent of the Standard Proctor Density and tests shall be conducted at least once for every lift for every 500 feet of road. Proof-rolling of the entire area may be required consisting of a ten-ton payload on a standard tandem axle dump truck or other mutually agreed upon piece of loaded machinery.

(c)

Base. All streets shall have a six-inch crusher run stone base or a four-inch compacted graded aggregate base (GAB) at 100 percent of the Standard Proctor density. Compaction testing intervals shall be as prescribed in subsection (b).

Proof-rolling may also be required per the same paragraph.

(d)

Prime. All roadways shall be primed in accordance with DOT specifications.

(e)

Paving.

(1)

Residential/subdivision street. A one and one-half-inch plant mix asphalt type E or F top wearing surface is to be applied over a two and one-half-inch type B binder surface.

(2)

Major rural and arterial roads. The minimum paving design for major rural and arterial roads shall be compacted subbase at 98 percent of the Standard Proctor density, a six-inch graded aggregate base, three inches of type B binder, and two inches of type E or F top wearing course. Accel/decel lanes or a center turn lane may be required if deemed necessary by the city/county engineer. (Note: DOT roads must meet DOT specifications/approval.)

(3)

Driveway turnouts/curb cuts. These shall be paved in accordance with the applicable receiving street/road and shall have a minimum radius of 15 feet. Suitable concrete paving is also acceptable for turnouts or curb cuts. Turnout/curb cuts serving single driveways shall have a minimum width after radius of 12 feet with commercial/industrial turnouts/curb cuts meeting sub-collector requirements of section 75-592.

(4)

Commercial/industrial entrance and lots. Due to the American[s with] Disability [Disabilities] Act, any and all ingress, egress, and parking lots/area including internal roads to and from, shall be paved by suitable conventional asphalt paving or concrete paving.

(Ord. of 3-20-2006)

The street right-of-way shall be graded to provide at least a five-foot, two percent sloped (sloped away from road) strip, measured from the back of the curb or edge of pavement on both sides of the street. At least eight feet of gentle sloped area shall be provided where sidewalks are to be placed. Shoulders shall have topsoil spread and adequate amounts of seed and fertilizer shall be applied to establish a suitable stand of grass. The shoulders are to be smooth and free of rocks and debris.

(Ord. of 3-20-2006)

Pipe size shall be determined by standard engineering practices, but in no case be sized to handle less than a 25-year post-developed storm event. All cross drainpipes for driveways shall be either fully bituminous coated, concrete, or corrugated high-density polyethylene pipe with the appropriate bedding, inlet/outlet protection, and headwalls/flared-end sections. Installations shall be in accordance with DOT standards. Supporting calculations/hydrology study shall be submitted for all flows for which a culvert is to handle. Pipe gauge (thickness) shall be as determined by the height of the fill. Minimum cover pipes shall be 12 inches.

(Ord. of 3-20-2006)

(a)

Continuation of existing streets. Where feasible, existing streets shall be extended for access into the subdivision. Such extensions shall be continued at the same or greater width, but in no case shall be less than the required width.

(b)

Linear street grades. Maximum and minimum linear street grades shall be as follows:

(1)

Arterial street: Not more than ten percent.

(2)

Collector street: Not more than six percent.

(3)

Sub-collector street, lanes and alleys: Not more than 12 percent.

(c)

Horizontal curvature. The minimum radii of centerline road curvature shall be as follows:

(1)

Arterial street: 300 feet.

(2)

Collector and sub-collector street: 200 feet.

(3)

Lanes: 100 feet.

(4)

Alleys: to be determined by the planning and zoning commission for each subdivision.

(d)

Tangents. Between reverse curves, there shall be a tangent having a length not less than 100 feet.

(e)

Vertical alignment. There shall be a horizontal sight distance at all intersections, when measured from a height of six feet, according to the following:

(1)

Arterial street: 400 feet.

(2)

Collector street: 300 feet.

(3)

Subcollector street: 250 feet.

(4)

Lanes: 200 feet.

(5)

Alleys: 150 feet.

Where two or more streets of different classifications intersect, the sight distance requirements for the highest shall be used.

(f)

Intersection design. Street intersections shall be as nearly at right angles as possible. No street intersection shall be at an angle of less than 60 degrees. Opposing street intersections must be separated for each other by at least 125 feet.

(g)

Cross slope. Street and road cross slopes shall be at least two percent (one-fourth inch per foot) measured tangent to the center run of the road. Appropriate cross slope design considerations shall be made for transitions into and through super elevations at curves.

(h)

Driveway turnouts/curb cuts. Any driveway or entrance (residential or industrial) shall have a paved turnout, meeting Georgia DOT specifications. Commercial driveways or entrances shall have a paved turnout, meeting Georgia DOT specifications, extending from the edge of the existing pavement of at least 20 feet into the property. Turnouts/curb cuts shall be designed and constructed so as not to release runoff waters onto the roadway but rather into curb inlets or roadside ditches before reaching the existing street/road. Runoff waters from a 25-year or less storm event are not allowed to drain off a driveway onto a street/road. In high traffic/volume areas (typically major rural roads and arterial roads) designs accommodating larger storm events will be required.

(Ord. of 3-20-2006)

Flag lots are those parcels of land that do not have adequate width for development and have at least a driveway corridor from the road frontage to a larger portion of property and are situated behind other parcels. Flag lots shall have the following requirements:

(a)

The driveway corridor (pole section of a flag lot) which provides access to the larger portion of the property shall be at least 30 feet in width.

(b)

Whenever deemed necessary, the driveway portion in the right-of-way shall be a shared driveway.

(Ord. of 3-20-2006)

(a)

Development plans shall contain detailed maps, drawings and sketches showing:

(1)

Name of subdivision or proposed name whichever is applicable.

(2)

List the name, address and telephone number of legal owner of the property.

(3)

Covenants, new or existing, on the property. (Provide separately.)

(4)

Name, address and telephone numbers of the professional persons of firms responsible for subdivision design, design of public improvements and for surveys.

(5)

Location of property by governmental district.

(6)

Location of property lines, existing easements, burial grounds, historical sites natural areas of aesthetic beauty or interest, railroad rights-of-way, and, watercourses.

(7)

Location, width, type and name of all existing or platted streets or other public ways within or adjacent to the tract.

(8)

Name and location of adjoining developments, and property owners.

(9)

Location and sizes of existing sewers, water mains, culverts, bridges or underground structures within the tract and adjacent thereto.

(10)

Locations and sizes of existing permanent buildings and utility stations on and adjacent to the tract.

(11)

Topography of the site, existing and proposed, at a contour interval sufficient to accurately portray the nature of the land and extending 100 feet from the property. (Two-foot interval unless otherwise approved.)

(12)

A location sketch of the project relative to roadways, municipalities, major streams and other identifiable landmarks. (Cover/Title page)

(13)

Soils boundaries including name, texture, slope, depth, drainage and structure.

(14)

Location, nature, size, and zoning classification for the project and/or phases.

(15)

The proposed alteration of the area including limits of clearing and grading, roads, buildings and structures.

(16)

Location and extent of temporary and permanent erosion and sediment control measures including both vegetative and structural practices.

(17)

Location and extent of storm water management facilities.

(18)

Other significant features including legend, map scales, north arrow, title blocks, seals and signatures.

(19)

Starting dates of initial land disturbing activities and date of expected final stabilization.

(b)

Supportive data for development plans. Supportive data shall include reference to the applicable standards and specifications, calculations, charts, graphs, maps and any other data used in the design and layout of the measures installed. Data shall include calculated flow rates for at least the two- and 25-year storm events, as well as strength of pipe for anticipated designed burial depths and calculations for stormwater management facilities, such as pre-developed, post-developed flows, routing, calculations, etc.

(c)

Construction specifications. The following specifications are to be included in the development plans:

(1)

All timber, which shall have a marketable value, shall be salvaged. Timber logs, brush, rubbish, and vegetable matter which will interfere with the grading operations or affect the planned stability of fill areas shall be removed and disposed of according to the plan and in accordance with all local and state laws.

(2)

Topsoil is to be stripped and stockpiled in amounts necessary or available on site to complete final grading of all exposed areas.

(3)

Fill material is to be free of brush, rubbish, large rocks, logs, and stumps in amounts that are detrimental to constructing stable fills.

(4)

Cut slopes, which are to be top soiled, will be scarified to a minimum depth of three inches prior to placement of topsoil.

(5)

Compaction of fills will be as required to reduce slipping, erosions or excess saturation.

(6)

Frozen mixtures of soft, mucky or easily compressible materials are not to be incorporated in fills intended to support buildings, parking lots, road, structures, sewers, or conduits.

(7)

Maximum thickness of layers to be compacted by sheepsfoot rollers is not to exceed nine inches.

(8)

All disturbed areas shall be left with a neat and finished appearance and stabilized with the appropriate permanent protective cover.

(Ord. of 3-20-2006)

In lieu of the completion of the required improvements in a subdivision, the subdivider may deposit surety for the completion of such improvement with the city, and present a final plat for approval. In no case shall any building be occupied or otherwise utilized until all required improvements are completed.

(1)

Requirements. To ensure the construction and installation of required improvements, the subdivider shall deliver to the city a certified check, surety bond or other acceptable security in such aggregate amount as is estimated by the building inspector to be the total cost of the construction and installation of all required improvements. In addition, the subdivider shall, if applicable, deposit surety for road maintenance for a period of one year.

(2)

Conditions. Bonds or other surety posted shall run to the city and provide the subdivider, his heirs, successors, assigns and their agents shall comply with all applicable terms, conditions, provisions and requirements of these and other regulations and final plat; will faithfully perform and complete the work of constructing and installing all required improvements; that the subdivider shall be responsible to the city for any necessary expenses incurred through the failure of the subdivider, his heirs, successors, assigns or their agents to complete the work of such installation and construction in an acceptable manner, and from any damages growing out of negligence in performing or failing to perform such installation and construction. Before acceptance, any surety shall be approved by the city. If a bond is offered it shall be executed by a surety of a guaranty company qualified to transact business in the state. Where a bond is required for a road construction project and is to be other than a bond issued by a commercial fidelity bonding company, the surety must meet the following conditions:

a.

The surety must be an individual or group of individuals,

b.

The sureties must all be residents of the city/county,

c.

Collectively, the sureties must be worth at least double the estimated cost of paving the road in equity in real property located in the city,

d.

The bond must be accompanied by an affidavit setting forth the facts in subsections (1), (2) and (3) of this section,

e.

The bond must be double the amount of the estimated cost of the road project; and

f.

If there is more that one surety, all sureties shall be jointly and severably liable.

(3)

Duration and release. Bonds and/or other surety posted pursuant to this article shall be released or returned, as the case may be, at such time as the facilities guaranteed thereby have been installed and accepted. Acceptances shall be in writing accurately identifying the improvements covered. Facilities shall not be accepted unless they conform to the applicable specifications and requirements.

(4)

Default procedures. If the construction or installation of any improvements of facilities for which a bond or other surety is posted is not completed within three months after substantial completion of any buildings or structures which such improvements or facilities are designed to serve, or within three years after the date of recording of the final plat, whichever is sooner, or if such construction and installation is not in accordance with the applicable specifications and requirements, the city shall, using the proceeds from such surety deposits, pay for such work. Such work may be done under contract or by city personnel. To the extent that any portion of a cash deposit is not required or used, such excess cash shall be repaid to the person making the deposit.

(Ord. of 3-20-2006)

Whenever the subdivision of a tract of land is proposed, the subdivider should consult early and informally with the building inspector. Failure to do so may lead to disapproval of the preliminary or final plat.

(Ord. of 3-20-2006)

Before preparing a sketch plat for a subdivision, the applicant should discuss with the building inspector the procedure for the adoption and filing of a subdivision plat and the requirements as to general layout of streets, reservations of land, street improvements, drainage, utilities, etc., as well as to the availability of existing services. The building inspector shall also advise the applicant, where appropriate, to discuss the proposed subdivision with those officials who must eventually approve those aspects of the subdivision coming within their jurisdictions.

(Ord. of 3-20-2006)

(a)

Application. The subdivider shall notify the building inspector of his desire to have a pre-application sketch plat review.

(b)

Classification. Tentative classification of the subdivision and existing and proposed streets shall be made by building inspector. The subdivider may then submit a final plat for approval, as provided for in this article, if the development is classified as a minor subdivision. In the case of classification as a major subdivision, the applicant may file for approval of a preliminary plat as provided for in this article.

(c)

Field trip. The planning and zoning commission or the building inspector may visit the site of the proposed subdivision accompanied by the subdivider or his agent.

(Ord. of 3-20-2006)

Based upon the approval of the building inspector of the sketch plat for a major subdivision, the applicant should file for approval of a preliminary plat. The application shall:

(1)

Include a letter requesting approval of the preliminary plat,

(2)

Include the payment of a fee listed in the schedule of fees and charges to be used for the advertising of the public hearing on the preliminary plat,

(3)

Include eight copies of the preliminary plat and construction plan for a major subdivision,

(4)

Comply with the sketch plat; and

(5)

Be presented to the building inspector with completed application and fee by noon Friday following the second Monday of the month.

(Ord. of 3-20-2006)

The planning and zoning commission shall hold a public hearing to discuss and review the preliminary plat within 45 days of the date of application. Such hearings shall be advertised in the official city newspaper at least 15 days prior to the hearing. The procedure and criteria shall be the same as outlined under section 75-65.

(Ord. of 3-20-2006)

After the planning and zoning commission has reviewed the preliminary plat and construction plans, the report of the building inspector, recommendations from the city and/or the sanitarian, approval from local postmaster, and testimony and exhibits submitted at the public hearing, the applicant shall be advised of any required changes and or additions. At this time the planning and zoning commission shall approve or disapprove the preliminary plat. If approved, the preliminary plat will be signed and dated by the chairman of the planning and zoning commission, the director of planning and development, and the local postmaster. The developer may then begin the construction of the subdivision based on the approval of the preliminary plat, construction plans (land disturbance permit) and general stormwater NPDES permit. The building inspector must approve all changes prior to any work. The construction will be inspected at various stages to verify compliance with the preliminary plat.

(Ord. of 3-20-2006)

After obtaining approval of a preliminary plat, construction must begin within one year. Any subdivision preliminary plat where construction has not started within one year shall be null and void, and the subdivider shall be required to submit a new preliminary plat for approval prior to the approval of a final plat.

(Ord. of 3-20-2006)

Any subdivision, which has received preliminary plat approval, shall be exempt from any subsequent amendments to this chapter, provided that final plat approval is obtained within the one-year period.

(Ord. of 3-20-2006)

For the purpose of allowing the early construction of model homes in a subdivision, the planning and zoning commission, at its discretion, may permit a portion of a major subdivision involving no more than two lots to be created in accordance with the procedures for minor subdivision, provided such portion derives access from an existing paved city or state highway or street, and provided no future road or other improvements are anticipated where such lots are proposed. The final plat for the minor portion shall be submitted to the planning and zoning commission simultaneously with the preliminary plat for the entire major subdivision.

(Ord. of 3-20-2006)

Prior to receiving final plat approval by the building inspector, a request for final inspection of the subdivision must be submitted. For the application for request for final inspection the subdivider shall submit the following:

(1)

Include a letter requesting final inspection to the building inspector.

(2)

Submit two redlined copies of the preliminary plat and construction plan.

(Ord. of 3-20-2006)

The building inspector will review for approval the sketch plat for minor subdivision. After the building inspector has completed the final inspection, for a major subdivision the redlined preliminary plat will be approved or returned to the subdivider for changes and/or additions. The subdivider will then submit the following for final plat approval:

(1)

Submit an application for final plat approval,

(2)

Submit the required fee with completed application; and

(3)

After final inspection approval submit eight copies of the appropriate final plat and documents relative to road approval.

(Ord. of 3-20-2006)

Following approval of the final plat by the director of planning and development and satisfaction of all requirements of this article, the subdivider shall submit eight copies of the final plat, as approved. The director of planning and development, the chairman of the planning and zoning commission, and the local postmaster shall endorse all documents in the space provided.

(Ord. of 3-20-2006)

Following the signing of the final plat, the applicant shall have three copies of the final plat to file with the clerk of the superior court of the city within five days of the date of signature. The building inspector shall keep five copies of the final plat: one copy for the plat file, one copy for the subdivision file, one copy to be forwarded to the tax assessor, and one copy to be forwarded to the postmaster, and one copy for the address coordinator.

(Ord. of 3-20-2006)

No vested rights shall accrue any plat by reason of preliminary or final approval until the actual signing of the plat by the director of planning and development, the chairman of the planning and zoning commission, the postmaster or the city applicable to the subdivision or to all subdivisions in general shall be deemed a condition for any subdivision prior to the time of the signing of the final plat. Where the planning and zoning commission has required the installation of improvements prior to the signing of the final plat, the planning and zoning commission shall not unreasonably modify the conditions set forth in the preliminary approval.

(Ord. of 3-20-2006)

The planning and zoning commission may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to ensure the orderly development of the plat. The planning and zoning commission may require that the performance bond or other surety be in such amount as to commensurate with the sections of the plat to be filed and may defer the remaining sections of the plat as offered for approval. Such sections must contain at least ten percent of the total number of lots in the subdivision. All sections must receive final approval as per the preceding requirements.

(Ord. of 3-20-2006)

The preliminary plat shall be prepared and sealed by a licensed land surveyor or professional engineer licensed in the state, at a convenient scale of not more than one inch equals 200 feet, shall be prepared in ink, and the sheets shall be numbered in sequence and referenced to an index sheet if more than one is used. Such sheets as the preliminary plat is drawn upon shall be consistent with current engineering practices. It should be noted that the map prepared for the preliminary plat is drawn upon and shall be consistent with current engineering practices. It should be noted that the map prepared for the preliminary plat might also be used for the final plat and, therefore, should be easily modified and reproduced. Plat details shall conform to requirements of the state board of professional registration and the Plat Act.

(Ord. of 3-20-2006)

The preliminary plat shall show the following:

(1)

Name of the subdivision if the property is within an existing subdivision, or the proposed name if the property is not within an existing subdivision.

(2)

A notarized affidavit which includes the name, address and telephone number of the legal owner or agent of the property, and a citation of the last instrument conveying the title of each parcel of property involved in the proposed subdivision.

(3)

Citation of any existing legal rights-of-way or easements affecting the property.

(4)

Reference existing covenants on the property, if any.

(5)

Name and address, including the telephone number, of the professional persons of firms responsible for subdivision design, design of public improvements and for surveys.

(6)

Location of property by governmental district, graphic scale, north arrow and date.

(7)

Location of property lines, existing easements, burial grounds, historical sites, natural areas of aesthetic beauty or interest, railroad rights-of-way, and watercourses.

(8)

Location, width, type and name of all existing or platted streets or other public ways within or adjacent to the tract.

(9)

Name and locations of adjoining developments and property owners.

(10)

Locations and sizes of existing sewers, water mains, culverts, bridges or underground structures within the tract and adjacent thereto.

(11)

Locations and sizes of existing permanent buildings and utility stations on and adjacent to the tract.

(12)

Reserved.

(13)

For estate planning etc., the director or his/her designee may waive certain requirements.

(Ord. of 3-20-2006)

The following proposed improvements shall be indicated:

(1)

Location and width of all proposed streets, easements, and other public ways, including rights-of-way.

(2)

Proposed building setback line.

(3)

Locations, dimensions and areas of all proposed and existing lots.

(4)

Total area of the subdivision expressed in acres and decimals of an acre.

(5)

Location and dimensions of all property proposed to be set aside for park or playground use, or other public dedication or private reservation, with designation of purpose thereof.

(6)

Indications of the use of any lot and all uses proposed by the subdivider.

(7)

Proposed names of all streets.

(8)

Blocks shall be constructively numbered and lettered. The blocks in numbered additions to existing subdivisions bearing the same name shall be numbered and lettered consecutively throughout the various additions.

(9)

All lots in each block shall be numbered consecutively.

(10)

For estate planning etc., the director or his/her designee may waive certain requirements.

(Ord. of 3-20-2006)

The following endorsements shall be included on each preliminary plat and shall be endorsed prior to the subdivision of the preliminary plat for approval. Upon the required revision of any improvement ordered by the planning and zoning commission, the subdivider shall have the endorsements initialed by any party whose area of responsibility may be affected. The determination of affected parties shall be made by the planning and zoning commission and indicated on the preliminary plat that is returned to the subdivider following action by the planning and zoning commission.

(1)

Engineer's certification. An engineer's and surveyor's certification stamp or seal.

(2)

Owner's certification.

"Owner's Certification:

"The owner of this land, as shown on this plat, or his agent, certifies that this plat was made from an actual survey, and accurately portrays the existing land and its features and the proposed developments and improvements thereto.

"Date _______

"Owner (or Agent) ___________"

(3)

Sanitarian certification.

"Certification of approval of Water System and Sewer System:

"I hereby certify that the proposed water system and sewer system of this subdivision meet the requirements of the City of Eatonton Health Department. Those lots not approved for septic tank installation are (if any) _______.

"Date ________

"Sanitarian ___________"

(4)

City certification. The designer must certify this, not the city. Review for compliance stamp.

"Certification of Approval of Streets and Utilities: "I hereby certify that the proposed streets and utilities in this subdivision meet all the requirements of the city and the Subdivision Regulations of City of Eatonton.

"Date ________

"Signature/Designer ___________"

(5)

Postmaster certification.

"Certification of Subdivision and street names:

"I hereby certify that the proposed name of this subdivision and proposed street names are original names to this city and comply with the City of Eatonton Code of Ordinances Section 75-581(e)—Subdivision name and Section 75-581(g)(1)—Street names.

"Date ________

"Postmaster ___________"

(Ord. of 3-20-2006)

The following endorsement shall be placed on the preliminary plat to be endorsed at the time of preliminary plat approval.

"Preliminary Plat Approval:

"NOT FOR FINAL RECORDING

"We hereby certify that this preliminary plat and attached construction plans were approved by the City of Eatonton Planning and Zoning Commission on _______ and found to comply with the requirements of the Planning and Zoning Commission and the Subdivision Regulations of City of Eatonton.

"Date ________

"Building Inspector ___________

"Chairman, Planning and Zoning Commission ___________"

(Ord. of 3-20-2006)

Construction plans shall be prepared for all required improvements. Plans shall be drawn at a scale of no more than one inch equals 100 feet; details at a scale sufficient for the purpose. Plans sheets shall be the same as used for the plat. Construction plans shall follow the format as follows. The following shall be shown:

(1)

Cover sheet. The cover sheet shall contain:

a.

The subdivision name.

b.

The owner's name, address and phone number.

c.

All endorsements required under section 75-664.

d.

A site location sketch to aid in location of the subdivision.

e.

A revision block that shows the date and description of all revisions and the initials of the person making the revision. The format for the revision block is:

______________

Revision Date Description By Checked Approved

______________

(2)

Plan sheets. Plan sheets showing all street alignment, station number, curve data, angles of intersections, curb and gutter locations, sidewalks and improvement location.

(3)

Profile sheets. Profile sheets showing all proposed and existing elevations and vertical curve data along the centerline of all streets.

(4)

Cross-section sheets. Cross-section sheets of all streets at an interval of 100 feet.

(5)

Utility plan sheets. Plan sheets showing the location, size and specification of all water, sewer and natural gas and other utilities to be installed by the subdivider, or others showing connections to existing systems.

(6)

Grading and contour plan sheets. Plan sheets showing the proposed grading of existing and finished contours. The contour interval shall be two feet.

(7)

Construction detail sheets. Construction detail sheets showing the details of all construction to include, but not be limited to: Road paving, cross sections, sewers details, fire hydrants, thrust blocks, dams, retention ponds, retaining walls, junction boxes, pavement patches, culverts, sidewalks, French drains, ditches, slope protection, energy dissipation pads and other details needed to clarify the requirements of the design. The designer shall use state DOT standards available to simplify the construction. At all times the designer shall obey good engineering practices.

(8)

Seal of engineer. Each construction plan profile, detail and cover sheet shall bear the seal of the registered engineer under whose supervision the design was done.

(Ord. of 3-20-2006)

The final subdivision plat shall be prepared at the same scale and contain the same information, except for any changes or additions required by the planning and zoning commission, as shown on the preliminary plat. The final plat shall be prepared by a land surveyor licensed by the state, or a registered professional engineer in the state, and contain the following information:

(1)

Endorsements. The final plat shall include all endorsements required under section75-674. In addition, the plat shall show the following endorsements executed prior to the presentation of the final plat for approval:

"Certificate of Dedication of Ownership:

"I (we) hereby certify that I (we) adopt this plan of subdivision, establish the minimum building setback lines, and dedicate all streets and other designated areas to public use.

"Date ________ Owner (or Agent) ___________"

(2)

Certificate of approval. The following endorsement shall be placed on the final plat for the execution.

"Certificate of Final Plat Approval:

FOR FILING

"We hereby certify that this final plat and construction plans were approved by the City of Eatonton Planning and Zoning Commission on _______ and were found to comply with requirements of the Planning and Zoning Commission and the subdivision requirements of the Planning and Zoning Commission and the Subdivision Regulations of City of Eatonton.

"Date ________

"Building Inspector ___________

"Chairman, Planning and Zoning Commission ___________"

(3)

Certificate of receipt of surety. When the subdivider shall be required to post a bond or surety for the construction, installation or maintenance of improvements, the following endorsements shall appear on the plat and be executed by the planning and zoning commission:

"Certificate of Receipt of Surety:

"I hereby certify that a security bond or certified check in the amount of _______ has been received by the city to ensure completion of all required improvements in the subdivision plat attached hereto in the event of default by the subdivider.

"Date ________

"Signature ___________

"Chairman, City of Eatonton City Council"

(4)

Other conditions.

a.

Remaining land. Whenever a plat covers only a part of the subdivider's continuous holdings, the applicant shall submit, at a sufficient scale, a map showing the relationship of the proposed subdivision to the total holding and indication of any future development planned for the remainder of the trace.

b.

Rejection of documents. The lack of information required by this article or the planning and zoning commission, or improper, erroneous or fraudulent information supplied by the subdivider or his agent, shall constitute ground for the disapproval of any plat.

c.

Overall design. The planning and zoning commission shall follow accepted design practices in reviewing and directing the development of any subdivision, in addition to following the requirements of this article.

d.

Miscellaneous. Driveway entrances shall only be approved and constructed utilizing approved materials of the proper size. No side ditches may be filled in without the prior written consent of the city. Any driveways that are installed illegally are subject to removal at the owner's expense. Driveway locations are as determined by the building inspector and the city/county engineer, including requirements for acel/decel lanes, pipe sizes and other improvements as deemed necessary.

(Ord. of 3-20-2006)

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, covered or maintained, or any building, structure or land is or is proposed to be used in violation of any provision of this article, the building inspector, or any other appropriate authority of the city may, in addition to other remedies and after due notice to the owner of the violation, issue a citation for violation of this article and require the presence of the violator in the municipal court; or institute injunction or other appropriate action or proceeding to prevent this unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to correct or abate this violation or to prevent the occupancy of this building, structure or land. Where a violation of this article exists with respect to a structure or land, the building inspector may, in addition to other remedies, require that public utility service be withheld until such time as the structure or premises are no longer in violation of this article.

(Ord. of 3-20-2006)

Any firm, person or corporation that shall do anything prohibited by this article as they exist or as they may hereafter be amended, or who shall fail to do anything required by this article as they now exist or as they may hereafter be amended, upon conviction of a violation shall be subject to punishment as provided by law. Any violation hereof shall be regarded as a misdemeanor punishable by up to one year's imprisonment and/or a fine of $500.00. Each day that this violation exists shall be deemed a separate offense.

(Ord. of 3-20-2006)