No person shall commence excavation, grading, filling, cutting, stripping, clearing or grubbing unless and until he has a valid land disturbance permit issued pursuant to the soil erosion and sediment control ordinance (Ordinance 73), by the planning and community development department, unless expressly excepted therefrom. The planning and community development department shall ensure that any of the above actions shall not render the lot or parcel of land incompatible with the applicable zoning district or use of adjoining properties, and that adjoining property shall have adequate lateral support or protection from run-off, as the case may be.

(Amd. of 12-1-2011)

(a)

Each land disturbance permit (LDP) application must be approved and a LDP issued within 12 months of the initial plan submittal date. The director may grant an extension of the plan review period for a reasonable length of time based on, and consistent with, documented justification of the need for the extension beyond the control of the applicant. Failure to obtain a permit within the allotted plan review period will require the submittal of a new land disturbance permit application. Any associated plan review fees must be repaid with the submittal of the new LDP application.

(b)

All plans and supporting documents are to be submitted to the Department of Planning and Community Development by 5:00 p.m. each Monday, provided Monday is not a holiday for which the department offices are closed in observance. In such event, the plans and supporting documents must be submitted by 5:00 p.m. the Friday before the Monday holiday. The Planning and Community Development Department will distribute the plans and supporting documents to the appropriate departments for their review. The Department of Planning and Community Development will not accept LDP permit applications without the appropriate fee being submitted with the application and without all other requirements for submittal.

(c)

During the time the land disturbance permit is under review, any change to the boundary of the subject property that is necessitated by the need to satisfy minimum development regulations of this Code shall result in the pending review of the land disturbance permit application being terminated and shall require the submittal of a new application for land disturbance permit, which shall be subject to all current requirements at the time of the new submittal.

(d)

The zoning district of the subject property shall be identified on the land disturbance permit. During the time the land disturbance permit is under review, any change to the zoning district classification of the subject property, including approval of a conditional use permit or zoning condition amendment, shall result in the pending review of the land disturbance permit application being terminated and shall require the submittal of a new application for land disturbance permit, which shall be subject to all current requirements at the time of the new submittal.

(e)

Nine business days after the plan submittal deadline, a plan review meeting will be held by the Department of Planning and Community Development at which one member of each reviewing department will be present to distribute comments, if necessary. The comments will be returned to the developer and/or their agent for corrections by their engineer and/or surveyor.

(f)

After the departmental comments have been addressed, and corrections to the plans are made, the developer and/or their agent will return to each reviewing department to provide evidence that such changes have been made. If the changes are satisfactory to the reviewing department's discretion, then said department shall approve the application for plan approval and affix their departmental stamp indicating approval on the plans.

(g)

The developer and/or their agent will deliver to the Department of Planning and Community Development, the approved plans, with the appropriate stamps affixed, as well as a completed application for plan approval. A completed application will contain the signature of each respective departmental plan review personnel.

(h)

The Department of Planning and Community Development will verify that the reviewing departments have signed the application for plan approval and have stamped the plans. If any department has given conditional approval, said department must list under what conditions their approval is granted. Said conditions must be in letter form on department letterhead, indicating the project and date of conditional approval, and delivered to the Department of Planning and Community Development prior to, or concurrent with, the sign-off of the plans granted conditional approval. With any conditional approval, the person so conditioning the plans must sign the letter of conditions and print their name for further clarification.

(i)

After the Department of Planning and Community Development has verified that all plans and supporting documents are true and correct, the director, or his designee, will approve and sign the plans and supporting documents. Construction plans for major subdivisions must be consistent with sketch plats approved by the Forsyth County Planning Commission, and the director shall not give final approval without ensuring consistency with sketch plat approval.

(j)

Land disturbance permits will be issued after approvals have been granted by the appropriate reviewing departments. The permit will be issued at a pre-construction conference with the department responsible for inspection of the site.

(Amd. of 11-15-2004; Amd. of 11-1-2007; Amd. of 12-1-2011; Amd. of 7-18-2013; Amd. of 5-3-2018; Amd. of 10-4-2018; Amd. of 8-1-2019; Amd. of 9-5-2019)

Clearing and grubbing is the removal of trees, shrubs, and vegetation from a piece of property, whether by cutting or other means, insuring not to place, remove or move earth or, in any way, alter the grade of the land. Grading includes stripping, cutting, filling, stockpiling, or any combination thereof, and shall include the land itself in its cut or filled condition, to create new grades. All clearing and grubbing and/or grading plans must be prepared by a licensed land surveyor, landscape architect, or engineer. The submittal and review procedures for obtaining a clearing and grubbing permit will be according to the Forsyth County Plan Review Procedure Policy.

Clearing and grubbing plans will be submitted and reviewed according to the Forsyth County Plan Review Procedure Policy, as administratively prepared and adopted by the director.

A road construction permit allows only for the grading for roads and the installation of utilities and drainage structures necessary for developing a new community.

A site development permit allows for the grading and development of a site, including the installation of utilities and drainage structures.

A stop work order shall be issued if it is determined by the Department of Planning and Community Development and/or the department of engineering that the provisions of the soil erosion and sedimentation ordinance (Ordinance 73) are not being followed.

(Amd. of 12-1-2011; Amd. of 8-1-2019)

Land disturbance permits shall expire 12 months from the date of issuance. Renewal must be made by application within three months of the expiration date. Any work performed after the expiration date, but prior to renewal, shall be considered work without a permit and will be in violation of this Code. Renewals shall be limited to one renewal per permit. Should the permit expire after the issuance of a renewal, a new permit must be required and all associated application fees must be paid prior to its issuance.

(Amd. of 11-15-2004; Amd. of 7-18-2013; Amd. of 5-3-2018)

No building or other structure shall be erected, moved, extended, enlarged, structurally altered, changed from unfinished to finished space, nor shall any existing or new areas within structures or buildings be covered or concealed by wall coverings, nor shall any grading, excavation or filling of a new lot for the construction of any building or structure be commenced until the department of planning has issued a building permit for such work.

(Amd. of 11-15-2004)

A stop work order shall be issued if it is determined by the department of planning and community development and/or the department of engineering that the provisions of the soil erosion and sedimentation ordinance (Ordinance 73) are not being followed.

(Amd. of 12-1-2011)

No building permit shall be issued for any building or structure unless there is filed with the planning and community development department a permit from the Forsyth County Department of Environmental Health certifying that the lot has been approved for an individual sewage system according to state regulations and locally adopted codes.

(Amd. of 12-1-2011)

No building permit shall be issued without evidence of adequate water supply as may be approved by the Forsyth County Department of Environmental Health. No building permit shall be issued for any building or structure unless there is filed with the planning and community development department proof of purchase of a water meter or installation of a well in areas where water is not available and an on-site well is approved for use.

(Amd. of 12-1-2011)

No building permit shall be issued for a commercial or industrial project or amenities area for a residential subdivision unless there is an active site development permit for the project, except that an active site development permit shall not be a pre-requisite to the issuance of a building permit in the following circumstances:

(a)

When a building is to be constructed on an existing foundation with no change in use;

(b)

When all work is interior with no change in use; or

(c)

When the director determines that the proposed project is of such limited scope that the public health, safety, and welfare is adequately protected without the need for the issuance of a site development permit first.

New construction shall comply with all existing applicable color and material requirements. This section shall take precedence over section 10-2.2(a).

(Amd. of 11-15-2004; Amd. of 7-7-2022)

Each application to the department of planning and community development for a building permit shall be accompanied by a drawing in duplicate showing:

(a)

A survey plat approved by the department of planning and community development;

(b)

The square footage and height of the building to be erected;

(c)

The location of the building on the lot;

(d)

The location of existing structures on the lot;

(e)

The number of dwelling units the building is designed to accommodate (if residential);

(f)

The approximate location of existing buildings or structures on adjoining parcels; and

(g)

Such other information as may be essential for determining whether the provisions of this Code are being observed or which may be required by the Department of Planning and Community Development or conditions of approval by the Board of Commissioners and Planning Commission. Survey plats shall be required for all building permit applications. An individual survey of a parcel in a subdivision approved by the planning commission or the Department of Planning and Community Development is not required if the approved subdivision plat meets technical plat standards substantially equal to current standards. The department of planning and community development may waive the requirement of a plat where it deems such plat not to be necessary.

(Amd. of 11-15-2004; Amd. of 12-1-2011; Amd. of 8-1-2019)

Where construction is proposed upon a lot or parcel of land not abutting at least 60 feet on a dedicated public street, each application for a building permit on such a lot or parcel of land not shown as a building lot on a subdivision plat approved by the planning commission or department of planning and community development shall be accompanied by a true copy of a recorded easement or other document, showing the date and page of recordation in the Clerk's Office, Forsyth County Superior Court, giving the lot or parcel access to a public street. Without such information, a building permit shall not issue.

(Amd. of 12-1-2011; Amd. of 8-1-2019)

Should any person make any false or untrue statement, knowingly or otherwise, to department of planning and community development personnel which causes a building permit to be issued in violation of any provisions of this Code, all permits and certificates shall be void ab initio, and all fees paid by the applicant shall be forfeited without further action by any official.

(Amd. of 12-1-2011)

Should any person cause a building or a structure to be erected in a manner different in size, location, or other characteristic from that represented in the application and accompanying documents, all permits shall be null and void as of the date of the deviation, and any permits or certificates thereafter issued shall be void ab initio without further action by any official.

It is the duty of the owner of the premises and his agent to bring to the attention of planning and community development department personnel or inspectors any deviation from the application and accompanying documents.

(Amd. of 12-1-2011)

No permit or certificate shall be issued involving a building or a structure on a lot or parcel involving a subdivision of land unless and until all applicable requirements of chapter 18, subdivisions, and/or chapter 19, conservation subdivisions, as the case may be, are met; provided, however, model home permits may be issued prior to compliance with all applicable requirements of said chapters if the following requirements are met:

(a)

The lot must be served by a street paved according to county standards;

(b)

The main water line must be installed and pressurized in front of the model home;

(c)

No certificate of occupancy will be issued for any model home until the lot upon which the model home is situated has been given final plat approval and said final plat has been recorded; and

(d)

No more than one model home permit per 40 lots planned in the subdivision will be issued.

(Amd. of 3-5-2015)

Building permit application reviews shall be conducted within three business days after any applicable design review has been satisfactorily completed. All building permit applications will be considered preliminary until approved. Any building permit that does not have a date and signature on the "approval" or "issuance" portion of the building permit document shall be considered preliminary and cannot be relied upon by its applicant. Forsyth County makes no representation that a building permit will be approved in releasing the preliminary permit. Any work conducted prior to execution of the above approval process shall be at the risk of the applicant. Forsyth County assumes no liability with regard to any work that takes place prior to approval and final issuance of a building permit. At the conclusion of the review period, the department of building and economic development shall furnish the applicant with a copy of the approved and issued permit or written notice indicating why the permit cannot be approved.

(Amd. of 3-15-2023)

A building permit shall expire 12 months from the date of issuance. Renewal must be made by application within three months of the expiration date and payment of $100.00 to the department of planning and community development. At least one inspection must have been completed and passed prior to renewal of a permit. Renewals shall be limited to one renewal per permit. Should the permit expire after the issuance of a renewal, a new permit must be acquired.

(Amd. of 12-1-2011; Amd. of 8-1-2019)

The planning and community development department shall issue permits for electrical, heating, plumbing, and other work to be performed on construction of buildings or structures according to state statutes and codes adopted by the governing authority of the Political Subdivision of Forsyth County.

(Amd. of 12-1-2011)

The department shall issue and renew annually for a fee, cottage food permits to cottage food operators who provide proof of a duly issued cottage food license from the Georgia Department of Agriculture at the time of application and renewal. Cottage food operations shall be in compliance with the regulations established in chapter 15, article V of this Code. If the Georgia Department of Agriculture Cottage Food License expires or lapses, the Forsyth County Cottage Food Permit shall likewise expire.

(Amd. of 8-3-2023)

A certificate of occupancy is required to be issued by the department of planning and community development in advance of the use of occupancy of:

(a)

Mobile homes and manufactured homes;

(b)

A building erected, altered or moved subsequent to September 24, 1973;

(c)

A change of use of any building or land;

(d)

Any non-conforming use that was existing on September 24, 1973, on the date of the adoption of this Code, or that is changed, extended, altered or rebuilt thereafter.

(Amd. of 12-1-2011; Amd. of 8-3-2023)

A certificate of occupancy shall not be issued by the department of planning and community development unless all provisions of this Code and other codes made, adopted, or amended by the governing authority of the political subdivision of Forsyth County are complied with in the construction of a building or structure or the use of land, and all outstanding fees have been paid. Should any applicable codes not be so complied with, any certificate of occupancy issued shall be void ab initio.

(Amd. of 12-1-2011; Amd. of 8-1-2019; Amd. of 8-3-2023)

It shall be the duty of the department of planning and community development to ensure that the requirements of this Code and other codes as applicable are complied with prior to issuance of any certificate of occupancy.

(Amd. of 12-1-2011; Amd. of 8-3-2023)

A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued within two business days after the work has satisfactorily passed all required inspections and is in conformity with the provisions of this Code and other applicable codes.

(Amd. of 8-1-2019; Amd. of 8-3-2023)

If a certificate of occupancy is denied, the director of planning and community development shall state in writing the reasons for the denial and the applicant shall be notified of the denial.

(Amd. of 12-1-2011; Amd. of 8-3-2023)

The Forsyth County Water and Sewer Department, the City of Cumming, any water and sewerage authority, Georgia Power Company, Sawnee Electric Membership Corporation, or any other public or quasi-public utility company, shall not provide final service (as opposed to construction or installation of service) to any building or structure unless and until a certificate of occupancy is issued by the department of planning and community development.

(Amd. of 12-1-2011; Amd. of 8-1-2019; Amd. of 8-3-2023)

A record of all certificates of occupancy shall be kept on file in the office of the department of planning and community development and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved upon adequate proof of such interest. The department of planning and community development may charge reasonable reproduction costs for such the reproduction and production of such records.

(Amd. of 12-1-2011; Amd. of 8-3-2023)

No permit or certificate shall be issued until the department of planning and community development determines that all provisions of this Code and other applicable codes will be, or have been, complied with in all respects on proposed or completed projects. Copies of adopted codes are public record and are available for public review. True and correct copies of these documents shall be maintained in the office of the department of planning and community development, together with all amendments thereto, and such documents and amendments shall be accessible in the department of planning and development to members of the public who may be affected by them.

(Amd. of 12-1-2011; Amd. of 8-3-2023)

No building or other structure shall be erected, moved, extended or enlarged, or structurally altered unless in compliance with all provisions of the International Building Code or International Residential Code for One and Two Family Dwellings as adopted by the Georgia Department of Community Affairs and as changed or amended from time to time.

(Amd. of 11-15-2004; Amd. of 8-3-2023)

No building or other structure shall be erected, moved, extended or enlarged, or structurally altered unless in compliance with all provisions of the International Plumbing Code or International Residential Code for One and Two Family Dwellings as adopted by the Georgia Department of Community Affairs and as changed or amended from time to time.

(Amd. of 11-15-2004; Amd. of 8-3-2023)

No building or other structure shall be erected, moved, extended or enlarged, or structurally altered unless in compliance with all provisions of the International Swimming Pool Code as adopted by the Georgia Department of Community Affairs and as changed or amended from time to time.

(Amd. of 8-1-2019; Amd. of 8-3-2023)

No building or other structure shall be erected, moved, extended or enlarged, or structurally altered unless in compliance with all provisions of the International Mechanical Code or International Residential Code for One and Two Family Dwellings as adopted by the Georgia Department of Community Affairs and as changed or amended from time to time.

(Amd. of 11-15-2004; Amd. of 8-1-2019; Amd. of 8-3-2023)

No building or other structure shall be erected, moved, extended or enlarged, or structurally altered unless in compliance with all provisions of the International Fuel Gas Code or International Residential Code for One and Two Family Dwellings as adopted by the Georgia Department of Community Affairs and as changed or amended from time to time.

(Amd. of 11-15-2004; Amd. of 8-1-2019; Amd. of 8-3-2023)

No building or other structure shall be erected, moved, extended or enlarged, or structurally altered unless in compliance with all provisions of the National Electrical Code as adopted by the Georgia Department of Community Affairs and as changed or amended from time to time.

(Amd. of 11-15-2004; Amd. of 8-1-2019; Amd. of 8-3-2023)

No building or other structure shall be erected, moved, extended or enlarged or structurally altered unless in compliance with all provisions of the International Energy Conservation Code as adopted by the Georgia Department of Community Affairs and as changed or amended from time to time

(Amd. of 8-1-2019; Amd. of 8-3-2023)

Department personnel and, where applicable, other approved individuals, including approved third party plans reviewers, shall review all aspects of a proposed project prior to issuance of a building permit to ensure that the plans for such project comply with all provisions of this Code and the codes referenced in this chapter. Department personnel shall likewise review existing buildings or structures and completed projects prior to issuance of any permits or certificates to ensure that all provisions of this Code and applicable codes referenced in this chapter are met.

(Amd. of 12-1-2011; Amd. of 8-1-2019; Amd. of 8-3-2023)

Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this Code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

(Amd. of 11-15-2004; Amd. of 12-1-2011; Amd. of 8-1-2019; Amd. of 8-3-2023)

Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

(Amd. of 8-1-2019; Amd. of 8-3-2023)

The building official, upon notification, shall make the inspections the following inspections:

(a)

Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job.

(b)

Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

(c)

Rough inspection. Inspection of electrical, fuel gas piping, mechanical, and plumbing systems and components to be concealed shall be made after the roof, framing, fire-blocking and bracing are in place and prior to the installation of insulation or wall or ceiling membranes.

(d)

Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire-blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.

(e)

Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.

Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly.

(f)

Weather-exposed balcony and walking surface waterproofing. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.

(g)

Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.

(h)

Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.

(i)

Other inspections. In addition to the inspections specified in section 7-5.12(a)—(h), the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this Code and other laws that are enforced by Forsyth County Department of Planning and Community Development.

(j)

Special inspections. Special inspections shall be provided in accordance with the Georgia State Minimum Standard Building Code.

(k)

Final inspection. The final inspection shall be made after all work required by the building permit is completed.

(Amd. of 8-1-2019; Amd. of 8-3-2023)

It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this Code.

(Amd. of 8-1-2019; Amd. of 8-3-2023)

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

(Amd. of 8-1-2019; Amd. of 8-3-2023)

Inspections required by this Code shall be effected by building inspectors or other personnel of the department who shall be employed for such purpose under the provisions of chapter 5 of this Code, or where applicable, by approved third party inspectors.

(Amd. of 11-15-2004; Amd. of 12-1-2011; Amd. of 8-1-2019; Amd. of 8-3-2023)

Planning and development department personnel and employees shall ensure that open construction factory-built housing meets all requirements of this Code and other applicable codes. In all cases of factory-built housing, whether open or closed construction, planning and community development department personnel and employees shall ensure that all locally controlled aspects of construction, including but not limited to zoning provisions, footing and foundation requirements, and other matters not preempted by state regulations are enforced according to the terms of this Code and applicable codes.

(Amd. of 12-1-2011; Amd. of 8-1-2019; Amd. of 8-3-2023)

Driveway culverts shall be installed as required by the engineering department's stormwater design manual. No certificate of occupancy shall be issued for a building or structure for which access to the building or structure is over a driveway or other way to a public street unless and until an appropriate culvert not less than 18 inches in diameter is installed under the driveway surface sufficient to maintain the integrity of the public drainage system, as required by the engineering department's stormwater design manual. In exceptional cases an exemption may be granted by the director of engineering after a field inspection. The builder or homeowner must call the director of engineering to request an exemption (curb and gutter subdivisions are exempted).

(Amd. of 8-1-2019; Amd. of 8-3-2023)

(a)

All persons installing sewer service connections for hire in Forsyth County must have a state plumber's license. Contractors shall furnish to the county good and sufficient bond to hold the county harmless from liability arising from any excavation, cut-in, or other work performed along or across any public right-of-way. Said bond shall be in the form approved by the county attorney, in the amount of $10,000.00.

(b)

Developer-constructed sewers to be connected to the public sewer shall conform to the following:

(1)

Plans and specifications shall be submitted for review and approval by the Forsyth County Water and Sewerage Department.

(2)

Sewer design shall conform to the latest Rules and Standards of the Georgia Environmental Protection Division.

(3)

Materials of construction and methods of construction shall be approved and inspected by the Forsyth County Water and Sewerage Authority.

(4)

No use of the sewer for disposal of wastewater shall be made until it has been inspected and a certificate of acceptance has been issued by the Forsyth County Water and Sewerage Authority.

(c)

When required by the water and sewerage authority or the Forsyth County Board of Health, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole shall be constructed in accordance with plans approved by the water and sewerage authority.

(Amd. of 8-1-2019; Amd. of 8-3-2023)

The determination whether a proposed use is proper in a given zoning district shall be made by the director of the department of planning and community development. Interpretations concerning the meaning of this Code may be important in a particular case. Persons should not expend money on project development until the director has determined in writing that the proposed use is proper, as evidenced by a certificate of zoning compliance.

(Amd. of 12-1-2011; Amd. of 8-3-2023)

A certificate of zoning compliance shall be issued in a form to be determined by the department as evidence that a proposed use complies with this Code. A certificate of zoning compliance may be issued upon written request by the owner of the property in question or his/her authorized agent, even though such request is outside the process of applying for a building permit or certificate of occupancy; provided, however, that such requests for certificate of zoning compliance shall be produced by the department of planning and community development only upon the payment of a certificate fee, if required, and according to a schedule implemented by the director.

(Amd. of 12-1-2011; Amd. of 8-3-2023)

Until a certificate of zoning compliance is obtained with regard to a particular project, a person expending money in any way on project planning or development does so at his own risk. No person shall be deemed to have expended funds in reliance on zoning provisions unless and until a certificate of zoning compliance is obtained.

(Amd. of 8-3-2023)

All fees for plat review, plat approval, permit issuance, certificate issuance, and inspections imposed by or pursuant to this Code are hereby declared to be license charges made in pursuance of the police power for the regulation and control of the development, construction, and building industries, and the trade classifications thereunder, for the protection and welfare of the citizens of Forsyth County.

(Amd. of 8-3-2023)

Operation of the planning commission and the Planning and Community Development Department, and the fees collected pursuant to such operation, shall be treated as general unrestricted revenue to the political subdivision of Forsyth County.

(Amd. of 12-1-2011; Amd. of 8-1-2019; Amd. of 8-3-2023)

Fees charged for building permits and subdivision approval shall relate to the complexity of the project involved and the consequent increased burden of regulation and enforcement within the county. Fee amounts will be determined and set by the board of commissioners periodically. For any conditional use under this Code, for variances to the requirements herein, or for special application requirements specified by this Code, applicants shall submit any additional amounts as deemed sufficient and appropriate by the county in order to obtain any needed technical expertise so as to assist county staff in evaluating the request.

(Amd. of 8-3-2023)

(a)

Building permit fees shall be charged according to the Forsyth County Building Permit Fee Schedule, as adopted by the board.

(b)

If the building inspection department fails the inspection because of defects noted at the time of an inspection, a trade violation fee in the amount of $25.00 shall be charged for the first inspection and shall increase in increments of $25.00 for each subsequent failed inspection for the same code violations. The chief building inspector shall have the authority to place the project under stop work after the third failed inspection of the same violations and have the contractor or subcontractor pay all accrued trade violation fees due to date.

(c)

Building construction plans shall be reviewed under the same fee schedule as the Forsyth County Fire Department. Fees shall be paid at the time plans are submitted for review and major revisions to plans shall be charged the same as a new plan submittal.

(d)

Any and all fees shall be paid by the person to whom the permit is issued prior to such issuance. Any additional fees incurred subsequent to permit issuance shall be paid prior to issuance of a certificate of occupancy. All fees shall be paid to the Department of Planning and Community Development. Should any work be performed for which a permit is required under this Code prior to this issuance of such permit, then and in that event the fees as set forth herein or pursuant to this Code shall be doubled. Should a formal written notification from the director, building official, or other official be forwarded prior to obtaining a permit, an additional penalty of $25.00 shall be paid at the time of application to cover administrative costs.

(Amd. of 11-15-2004; Amd. of 12-1-2011; Amd. of 8-1-2019; Amd. of 8-3-2023)

No additional fee shall be charged for issuance of a certificate of occupancy applied for in conjunction with application for a building permit.

(Amd. of 8-3-2023)

Planning and Community Development Department personnel shall collect all fees and account for them under the provisions of this chapter.

(Amd. of 12-1-2011; Amd. of 8-1-2019; Amd. of 8-3-2023)

All monies collected pursuant to this Code during a given calendar month shall be deposited with the Board of Commissioners of Forsyth County by the 15th day of the next month following together with a signed statement of the Director of Planning and Community Development detailing the general categories of receipts.

(Amd. of 12-1-2011; Amd. of 8-1-2019; Amd. of 8-3-2023)

All disbursements for operation of the Planning and Community Development Department, planning commission and the zoning board of appeals shall be made by the office of the county manager in the same manner as other county offices.

(Amd. of 12-1-2011; Amd. of 8-1-2019; Amd. of 8-3-2023)

All costs for advertising public hearings on proposed changes in the zoning map, variances, conditional uses, and similar advertisements necessitated by a request of an applicant or other third party shall be borne by such person who shall deposit with the Director of Planning and Community Development upon making such application a bank draft or other commercial paper payable to the official organ in Forsyth County in a sum as determined by the Board of Commissioners of Forsyth County.

(Amd. of 12-1-2011; Amd. of 8-1-2019; Amd. of 8-3-2023)