(a)

Unless exempted by law, all subdivisions of land or development of land in the county shall comply with the provisions of this chapter. Any plat that is recorded by exemption in [O.C.G.A. §] 15-6-67 is not considered to be a legal subdivision and will not be eligible for permits unless fully compliant with the requirements of this Code.

(b)

All plats submitted for approval and recording shall include an agricultural acknowledgement as set forth in section 62-130 and the parcel(s) number of the property being submitted, and a chart or statement of the property's proximity to mountain protection district, wetlands protection district, Cartecay River Watershed Protection District, Ellijay River Watershed Protection District, Coosawattee Watershed Protection District and Coosawattee River Corridor.

(Ord. of 3-27-2003(5), ch. III, art. I; Res. No. 06-47, 3-8-2006; Res. No. 10-006, 1-28-2010)

The plat approval process is a three-step process. The process is designed to provide a logical sequence of reviews and events in the subdivision development process. The plat approval process is as follows:

Major subdivision

(1)

Preliminary plat and design plans. The process begins with the preparation of a preliminary plat and, if appropriate, supporting design plans of the proposed development by a surveyor and/or a qualified design professional, duly licensed in Georgia. The preliminary plat and design plans shall contain the information outlined in section 82-62 and be reviewed and approved as outlined in section 82-63. A county application form shall accompany the preliminary plat and design plans when submitted.

(2)

Construction of improvements. The second step in the subdivision process shall be the construction of the necessary improvements to the subdivision (i.e., streets, lot corner stakes, monuments, drainage and water system, if applicable). The improvements shall closely approximate the plan approved on the preliminary plat.

Note: No lot shall be conveyed in any subdivision until such time as the final plat has been recorded.

The developer may choose to exercise the provisions of article IX of this chapter in the second step of the review process.

(3)

Final plat. Upon the completion of the necessary improvements, or following the provisions contained in article IX of this chapter, the developer shall provide a final plat which will serve as an as-built drawing for the subdivision. The final plat shall contain the information outlined in section 82-92 and be reviewed and approved as outlined in section 82-93. Upon obtaining approval of the final plat, the developer shall be authorized to record the plat in the county office of the clerk of superior court. A county application form shall accompany the final plat when submitted.

(Ord. of 3-27-2003(5), § 3.100; Res. No. 06-47, 3-8-2006)

Editor's note— Res. No. 06-47, adopted Mar. 8, 2006, deleted § 82-32, which pertained to subdivisions exempt from the platting process and derived from Ord. of Mar. 27, 2003(5), § 3.101.

All subdivisions of land shall comply with the platting approval process as outlined in this chapter and O.C.G.A. § 15-6-67 and section 82-1.

(Ord. of 3-27-2003(5), § 3.102; Res. No. 06-47, 3-8-2006; Res. No. 10-006, 1-28-2010)

The purpose of the preliminary plat is to provide the development officer, the health department and other reviewing parties an opportunity to review the proposed subdivision for compliance with design standards, utility easements, flood hazard potential, adequacy of the lot size for septic tank use, soil erosion control measures and the adequacy of a potable water supply. Such review and approval shall in no way be limited to only those issues identified in this section or relieve the developer from compliance with the requirements of this chapter or of other ordinances, laws, rules and regulations.

(Ord. of 3-27-2003(5), ch. III, art. II; Res. No. 06-47, 3-8-2006)

The following information is required for preliminary plat review:

(1)

A completed preliminary plat application.

(2)

The proposed layout of lots and streets shall be shown on a drawing at a scale of not less than one inch equals 200 feet.

(3)

The drawing shall contain a graphic scale, north arrow, date, acreage to be subdivided, tax map and parcel number, land use district and the owner/developer's name, address, and 24-hour telephone number.

(4)

A location sketch map shall be provided which shows the location of the site in relation to existing public roads, streams, power transmission lines, etc.

(5)

Topography shall be shown at vertical intervals of not more than five feet. The drawing shall indicate how or from what source topography was determined. Topography shall be site specific (not from U.S.G.S. "Quad" Maps) and either developed from a field survey or by photogrammetric methods.

(6)

The names and land use district of adjoining property owners shall be shown in relation to the proposed development.

(7)

The plat shall contain the proposed name of the development and street names and a statement as to whether the streets are proposed to be dedicated to Gilmer County or to be privately maintained. If streets are to be privately maintained, preliminary plat shall also include private road construction acknowledgement. If streets are to be dedicated to Gilmer County, developer must insure full compliance with section 82-186.

(8)

All buffers, setbacks, and reserve strips shall be graphically shown and shall demonstrate minimum lot width at the building site.

(9)

All right-of-way widths shall be shown, along with street width and surface types.

(10)

The proposed vertical and horizontal alignment of streets shall be shown including centerline curve data. The vertical profile must be designed from field ran or photogrammetric data. U.S.G.S. Quad Map Topography shall not be acceptable. The source of information shall be stated.

(11)

A detailed plan of the developer's proposal of how to enter the county or public right-of-way shall be furnished. The plan may be a separate sheet or a detail but must contain the data required by section 82-186 [82-185]. Where entrances occur on state routes, the developer must obtain and submit an entrance permit from the state department of transportation.

(12)

Soil classification data and soil scientist report related to sewage systems (if required by health department).

(13)

A permanent fixed benchmark on-site shall be shown, from which the vertical design is referenced. Assumed datum is allowable unless a 100-year floodplain is within or adjacent to the site in which case the established floodplain elevation shall be identified, noted, and used. Datum for 100-year floodplains shall be mean sea level. To distinguish the on-site benchmark from permanent monuments set by U.S.G.S., T.V.A., G.D.O.T., N.G.S., etc., the acronym "TBM" (for Temporary Bench Mark) is allowed.

(14)

Permits and variances, if any, (such as FEMA, DNR, DHR, etc.) documentation indicating compliance with the National Pollutant Discharge Elimination System (NPDES permit) and U.S. Army Corps of Engineers Regulations.

(15)

If the subdivision is to use a Georgia Department of Natural Resources permitted water system, documentation to that effect must be provided and shall be stated on the preliminary plat. If the subdivision is to use public water supply, documentation must be provided demonstrating that the public water supply agency agrees to supply water to the subdivision and same shall be stated on the preliminary plat.

(16)

Lot sizes and dimensions (to nearest foot).

(17)

Indicate the boundary of any flood hazard areas and the base flood elevations. Provide flood study prepared by a Georgia licensed professional engineer if data is not available from a Federal Emergency Management Agency published study. If the site is not located in an identified flood hazard area, provide a statement to that effect. State the applicable flood insurance rate map (F.I.R.M) panel and date.

(18)

Sediment, erosion and pollution control plan.

(19)

Hydrology data and design of surface drainage and drainage structures. All storm drainage design must be for the 25-year storm unless crossing a stream with a mapped or studied floodplain, which crossing must be designed for the 100-year storm. The increase in runoff from the development shall be addressed and engineering design for managing the runoff shall be provided.

(20)

Certificates required in section 82-64.

(21)

As applicable, seal of the surveyor and/or engineer.

(22)

The minimum lot size, water source, distance to the public water system closest connection, and sewerage source.

(23)

Temporary cul-de-sac and phase lines.

(24)

Typical roadway sections for all proposed roads.

(25)

Other data necessary to complete the review required by this chapter by reviewing authorities required by this chapter.

(26)

A bond or letter of credit (minor subdivisions and subdivisions in an A-1 agricultural district are exempt from this requirement).

a.

The developer shall provide to the county from a bank or other reputable institution, subject to the approval of the board of commissioners, a bond or letter of credit on preapproved forms from the board of commissioners. The bond or letter shall be deposited with the county clerk and shall certify the following:

1.

That the creditor does guarantee funds in an amount equal to the cost, as estimated by the design professional for the developer, plus 50%, and approved by the county, of completing and installing all required improvements for the preliminary plat.

2.

That, in the case of failure on the part of the developer to complete the specified improvements within the required time period, the creditor shall pay to the county immediately and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter.

3.

That the letter of credit may not be withdrawn or reduced in amount until released by the county.

(27)

All documents which will be required with the final plat shall be provided, in draft form, with the preliminary plat submittal. This may include property owners associations, private road maintenance agreements, covenants and restrictions.

(Ord. of 3-27-2003(5), § 3.200; Res. No. 06-47, 3-8-2006; Res. No. 06-190, §§ c—f, 11-9-2006; Res. No. 10-006, 1-28-2010; Res. No. 23-167, 12-14-2023; Res. No. 25-058, 5-8-2025)

(a)

The developer shall submit ten copies of the preliminary plan, erosion control plan, hydrology data, permit (e.g. FEMA, DNR, DHR, etc.) to the county development office. The developer shall distribute copies to any applicable utility provider and shall coordinate such utility services with said provider(s). The zoning administrator shall distribute the copies to the:

(1)

County health department;

(2)

County commissioner's office;

(3)

County road department;

(4)

Limestone Valley Soil Conservation Service;

(5)

Planning staff;

(6)

The county fire chief;

(7)

Public water system representative;

(8)

Others as appropriate.

(b)

The preliminary plat review process shall be undertaken as expediently as possible and shall be determined by planning commission policy. The zoning administrator shall review and take action on the final plat according to procedures established by the planning commission.

(c)

The preliminary plat approval shall be valid for one year from the date of approval. If substantial work, which shall be determined in the sole opinion of the land development officer, has not been done on the development within this time period, the preliminary plat approval shall be null and void. Notwithstanding herein to the contrary, a preliminary plat shall not be valid after 18 months after its initial approval. Approved copies shall be provided to all departments listed in subsection (a) of this section.

(d)

The preliminary plat review process shall be limited to one phase at a time by essentially the same developer irrespective of the proposed subdivision name on the plat. A subsequent application for a preliminary plat can be submitted once the earlier preliminary plat has been approved as a final plat. If there is a master planned development or phased subdivision on file with the planning commission, then the preliminary plat review process shall be limited to two phases at a time by essentially the same developer irrespective of the proposed subdivision name on the plat.

(Ord. of 3-27-2003(5), § 3.201; Res. No. 06-47, 3-8-2006; Ord. No. 16-164, 12-8-2016; Res. No. 21-088, Exh., 6-14-2021; Res. No. 23-167, 12-14-2023; Res. No. 24-225, 12-12-2024)

The following certificates shall be placed on the preliminary plat, or a cover sheet to the preliminary plat, and be signed by the appropriate authorities prior to submission of the preliminary plat to the planning commission for approval. The developer is responsible for obtaining the required signatures.

Preliminary Design Certificate

I certify that this preliminary plat(s) correctly represents data compiled or verified through a survey completed by a registered land surveyor. I further certify that the design of the proposed streets (including geometric design), lots and other improvements comply with the minimum design standards of the Gilmer County Land Development Ordinance Additionally, I certify that all requirements of the County's Flood Damage Prevention Ordinance with respect to the preliminary plat(s) has been complied with.

Date: _______

* Land Surveyor License Number: _______ Seal:

Stormwater Design Certificate

I certify that the stormwater conveyance structures designed herein are designed in accordance with the Gilmer County Land Development Ordinance and with sound Hydrology and Hydraulic principles.

Date: ___________

Name: ___________

Registered Civil Engineer or Land Surveyor License Number: _______ Seal:

Tentative Approval for Private Subsurface Sewage Disposal

The lots proposed hereon are generally suitable for subsurface sewage disposal with the listed or attached restrictions.

This certificate does not constitute final approval of the sewage disposal system for this subdivision.

Date: _______

Gilmer County Health Department Representative:

_____

Soil Erosion and Sedimentation Control Plan

I have reviewed a soil erosion and sedimentation control plan for the noted subdivision and have found the plan to meet the design requirements of the State of Georgia and the Gilmer County Soil Erosion and Sedimentation Control Standards. This certificate is for plan approval only and does not certify proper implementation.

Date: _______

Georgia Soil & Water Conservation Commission Representative:

_____

Street Name(s) Approval

The proposed street name(s) do not appear to conflict with any existing street name(s) in the county.

Date: _______

911 Representative: ___________

Fire Department Certification

This is to certify that the subdivision depicted hereon is located in the area of responsibility of the Gilmer County Fire Department. Fire Hydrants are currently (not) available. Fire suppression services will initially be supplied by means of tanker vehicles. All roads as inspected meet the International Fire Code, or where applicable, satisfy the requirements of the Gilmer County Fire Chief.

Date:_______

Fire Chief (or his designee) _______

Preliminary Plat Approval

This preliminary plat has been reviewed by the Gilmer County Planning Office and is herby approved under the provisions of the Gilmer County Land Development Ordinance. The proposed development is consistent with the land use district in which it is located.

Date: ___________

Gilmer County Zoning Administrator:

_____

Developers Certificate

This is to certify that the undersigned has delivered copies of these plans to all applicable utility providers that may be associated with the project. It is further agreed that the undersigned will comply with all requirements of the Code of Gilmer County.

Date: ___________

Developer:

_____

Certificate for the Water Supply

The drinking water supply for this subdivision (will)/(will not) be a public water system.

Date: ___________

Public Water System Representative

_____

Private Road Construction Acknowledgement

This is to certify that the roads or streets within this proposed development will be constructed according to standards set forth in Sections 82-177, 82-187, and 82-190. It will be the responsibility of the developer to provide photographs of each section of the road as it was constructed, especially topsoil removal, culvert placement, and building of fill slopes, along with detailed weekly construction reports (may use the same as required of the primary or secondary permittee under NPDES requirements). It is also acknowledged that the road construction contractor will be required to sign a Private Road Construction Certificate on the final plat which will further attest to the construction of the roads or streets.

_____
Developer Date

Adequate Standard County Roads

This is to certify that the county roads providing access to the proposed development meet all of the standards required in the definition of Adequate Standard County Roads in Section 62-51.

Date: ___________

Public Works Director:

_____

(Ord. of 3-27-2003(5), § 3.202; Res. No. 06-47, 3-8-2006; Res. No. 10-006, 1-28-2010; Ord. No. 16-164, 12-8-2016; Res. No. 21-088, Exh., 6-14-2021; Res. No. 23-167, 12-14-2023; Res. No. 24-225, 12-12-2024)

The purpose of the utility plat is to provide to the utility providers a "to be designed" plat that accurately reflects the size and layout of lots, streets, setbacks, water system, easements, and other important information which is necessary for the public record and that has been reviewed and approved by the land development officer.

(Res. No. 23-167, 12-14-2023)

A diagram of the utility placement, as applicable, is on file with the county planning and zoning department.

(Res. No. 23-167, 12-14-2023; Res. No. 24-225, 12-12-2024)

The following information is required for utility plat review:

(1)

All of the information required for the preliminary plat in Sec. 82-62.

(2)

The final layout of lots, streets and utilities shall be shown on a drawing at a scale of not less than one inch equals 200 feet.

(Res. No. 23-167, 12-14-2023)

(a)

The developer shall submit three copies of the utility plan to the land development officer. The developer shall distribute copies to any applicable utility provider and shall coordinate such utility services with said provider(s).

The following certificate shall be placed on the utility plat, or a cover sheet to the utility plat, and be signed by the appropriate authorities for approval. The developer is responsible for obtaining the required signatures.

Development Office Approval

The utility plat shown hereon has been reviewed by the land development officer and is hereby approved under the provisions of the Gilmer County land use ordinance, and the Gilmer County development ordinance.

Date: ___________

Gilmer County Land Development Officer:

_____

Utility Approval

I have visited the site and the utilities (electric, gas, sewage, telephone, or water) that I have authority over as shown on this utility plat will be installed in conformance with the provisions of the Gilmer County land use ordinance, and the Gilmer County development ordinance.

Date: ___________

Utility Company Representative:

_____

Subsurface Sewage Disposal

I have reviewed the utility plat(s) and have found the plat(s) in conformance with Gilmer County health department requirements. This approval does not relieve individual lot owners from obtaining sewage disposal permits. (The plat for any new residential subdivision in which private septic systems are proposed for sewerage service, that is outside the Ellijay-Gilmer County Water and Sewerage Authority's (authority) current service area, must be signed by the authority's director or designee certifying that public sewer collection is not available to the subdivision.)

Or

Certificate of Public Sewer Collection

This subdivision is served by the public sewer collection system listed below. All lines and fixtures will be installed in a manner acceptable to the public system.

(Res. No. 23-167, 12-14-2023)

The purpose of the final plat is to provide an as-built drawing which accurately reflects the size and layout of lots, streets, setbacks, water system, easements, and other important information which is necessary for the public record. The following requirements also apply to minor subdivision plats.

(Ord. of 3-27-2003(5), ch. III, art. III; Res. No. 06-47, 3-8-2006)

The final plat shall conform to O.C.G.A. § 15-6-67 and the following:

(1)

A completed final plat application.

(2)

The final plat shall be drawn in permanent ink on reproducible material at a scale of not less than one inch equals 200 feet. The sheet size shall not exceed 17 inches by 22 inches. If more than one sheet is necessary to show the area the sheets shall be edge matched.

(3)

The plat shall contain sufficient engineering data to enable a surveyor to duplicate the plat on the ground.

(4)

The plat and related documents shall show:

a.

Name of subdivision;

b.

Name, address, and telephone number of developer (and property owner if different);

c.

Location map;

d.

Graphic scale, north arrow, date;

e.

Total number of acres being subdivided; minimum lot size, water source, and sewerage source;

f.

Location and description of monuments; and lot delineations such as iron pins;

g.

The tax map, parcel number and land use district of the parcel being subdivided, and the names and zoning classifications of all adjacent tracts;

h.

Names of streets and designation as to whether they are to be dedicated to Gilmer County or to be privately maintained. If privately maintained, final plat must include an executed private road construction certificate;

i.

Total length of streets in the subdivision by street class;

j.

All buffers, setbacks, and reserve strips shall be graphically shown and shall demonstrate minimum lot width at the building site;

k.

State sources of base flood elevations. Graphically show 100-year floodplain. If the subdivision is not located in a flood hazard area, a note to that effect shall be provided. The panel number and date of the FEMA issued flood insurance rate map shall be provided;

l.

If the new roads within the subdivision are to be privately maintained, the language within section 82-195 shall be placed on each sheet of the final plat;

m.

Certifications in Section 82-94 which are applicable, including all notes from Gilmer County environmental health (which shall be disclosed on the cover sheet);

n.

As applicable, the seal of the surveyor and/or engineer with signature;

o.

Recordable copy of restrictive covenants and declarations;

p.

State "this property is subject to all buffers as required in this code and state and federal law";

q.

If the development is to have a property owners association, provide a certified copy of record from the secretary of state's office establishing the property owners' association or certificate of good standing for the association;

r.

If the roads are to be privately maintained, provide a recordable copy of the private road maintenance agreement. Each private road maintenance agreement must contain the language specified in section 82-194;

s.

Deed for all rights-of-way dedicated to and accepted by the board of commissioners and all other necessary bonds and documents;

t.

Other data necessary to complete the review required by this chapter by reviewing authorities;

u.

Agriculture notice as required in section 62-130.

(Ord. of 3-27-2003(5), § 3.300; Res. No. 06-47, 3-8-2006; Res. No. 06-190, § g, 11-9-2006; Res. No. 10-006, 1-28-2010; Res. No. 23-167, 12-14-2023)

(See the Gilmer County Land Use Ordinance for the Definition.)

(1)

A completed final plat application;

(2)

The final plat shall be drawn in permanent ink on reproducible material at a scale of not less than one inch equals 200 feet. The sheet size shall not exceed 17 inches by 22 inches. If more than one sheet is necessary to show the area the sheets shall be edge matched;

(3)

For purposes of a minor subdivision, an existing road must meet the requirements of the class of roads of this code or shall have been previously platted as a road. Old logging trails or periodically used accesses to property shall not meet the definition of an existing road;

(4)

The plat shall contain sufficient engineering data to enable a surveyor to duplicate the plat on the ground and shall show the following:

a.

Name of subdivision (may also be owner's name);

b.

Name, address, and telephone number of developer (and property owner if different);

c.

Location map;

d.

Graphic scale, north arrow, date;

e.

Total number of acres being subdivided; minimum lot size, water source, and sewerage source;

f.

Location and description of monuments; and lot delineations such as iron pins;

g.

The tax map, parcel number and land use district of the parcel being subdivided, and the names and zoning classifications of all adjacent tracts;

h.

Names of all streets and designations as to whether they are county maintained or privately maintained, also state surface width and type and right-of-way (or easement) width. Provide adequate private road maintenance documentation to be recorded with the plat:

j.

Graphically indicate all building setback lines, buffers, and reservation of easements and reserve strips;

k.

State sources of base flood elevations. Graphically show 100-year floodplain. If the subdivision is not located in a flood hazard area, a note to that effect shall be provided. The panel number and date of the FEMA issued flood insurance rate map shall be provided;

l.

The following certificates from section 82-94:

1.

Developers certificate.

2.

Final surveyor's certificate.

3.

Subsurface sewage disposal certificate.

4.

Tax assessor.

5.

Development office approval.

6.

Fire chief approval.

7.

Sections 82-194 and 82-195.

m.

Unless each lot will be served by an individual well, the applicable public or private water system certificate;

n.

Disclosure notes as required by this chapter, in regards to privately maintained roads and proximity to agricultural tracts;

o.

Agriculture notice as required in section 62-130.

(Res. No. 06-47, 3-8-2006; Res. No. 10-006, 1-28-2010; Ord. No. 16-164, 12-8-2016)

The developer shall submit ten copies of the final plat to the development office. The zoning administrator shall distribute the copies as appropriate. Except for review by the county attorney, it shall be the responsibility of the developer to obtain the appropriate signatures on the applicable certificates. The zoning administrator shall review and take action on the final plat according to procedures established by the planning commission.

(Ord. of 3-27-2003(5), § 3.301; Res. No. 06-47, 3-8-2006)

(a)

The following applicable certificates shall be placed on the final plat, or a cover sheet to the final plat, and be signed by the appropriate authorities prior to submission of the final plat to the planning commission.

Developers Certificate

I certify that all requirements of the Gilmer County Land Development Ordinance and applicable state and federal rules, regulations and laws have been complied with and that no lot(s) have been conveyed in said subdivision.

Date: ___________

Developer: ___________

Address: ___________

Sworn to and subscribed before me this _______ day of _______, _______

_____
Notary Public
My commission expires:

Final Surveyor's Certificate

I certify that this plat(s) is true and correct and contains sufficient surveying information to permit the plat to be duplicated on the ground. All monuments and lot pins shown hereon actually exist and their location, size and type are correctly shown. I further certify that all requirements of the Gilmer County Land Development Ordinance have been complied with.

Date: _______

Registered Land Surveyor License Number: _______ Seal:

Name, address and telephone number:

_____

Sworn to and subscribed before me this _______ day of _______, _______

_____
Notary Public (Seal)
My Commission Expires:

Certificate of Private Water System

The drinking water supply for this development is a private system permitted by the Georgia [Department] of Natural Resources and has been installed in accordance with plans approved by the same. The undersigned certifies ownership and responsibility for the operation of the system. The plat for any new residential subdivision in which a private well system is proposed for water service, that is located outside the Ellijay-Gilmer County Water & Sewerage Authority's (Authority) current service area, must also be signed by the Authority's Director or designee certifying that public water is not available to the subdivision.

Or

Certificate of Public Water Supply

The drinking water supply for this subdivision is the public system listed below. All lines and fixtures have been installed in a manner acceptable to the public system.

Subsurface Sewage Disposal

I have reviewed the final plat(s) and have found the plat(s) in conformance with Gilmer County Health Department requirements. This approval does not relieve individual lot owners from obtaining sewage disposal permits. (The plat for any new residential subdivision in which private septic systems are proposed for sewerage service, that is outside the Ellijay-Gilmer County Water & Sewerage Authority's (Authority) current service area, must be signed by the Authority's Director or designee certifying that public sewer collection is not available to the subdivision.)

Or

Certificate of Public Sewer Collection

This subdivision is served by the public sewer collection system listed below. All lines and fixtures have been installed in a manner acceptable to the public system.

Streets and Drainage

I have visited the site and it appears that the streets and drainage structures shown on this final plat(s) have been installed in conformance with the approved preliminary plat(s) and the Gilmer County street requirements.

Date: _______

Gilmer County Road Department: _____

Tax Assessor

I have reviewed the final plat for incorporation into the County Tax Digest.

Date: _______

Chief Appraiser or Deputy: _____

Property Owners Association (If Applicable)

I have reviewed the legal document creating the property owners association for the noted development and have found the association is duly created and covenants, conditions and restrictions applying to the property appear sufficient to assure continued maintenance of commonly owned property and improvements in the development

Date: _______

Gilmer County Attorney: _____

Private Road Maintenance Review

I have reviewed the legal documentation that will govern the maintenance of the private roads within this subdivision and find it to be adequate.

Date: _______

Gilmer County Attorney: _____

Private Road Maintenance Acknowledgement (If Applicable)

The new streets created by this subdivision are to be privately maintained as further described in the attached or referenced documentation. These streets do not meet the requirements for dedication into the county road system and will not be considered by the Board of Commissioners for acceptance into the county road system until all such requirements are met. It is generally understood that these streets will remain privately maintained.

Date:________

Certificate of Road Dedication (If Applicable)

The new streets created by this subdivision are hereby dedicated to Gilmer County as evidence by the accompanying right-of-way deed. The Board of Commissioners have voted to accept said roads subject to the terms of maintenance security for a period of 2 years from the date of said vote.

Date:_______

Fire Department Certification

This is to certify that the subdivision depicted hereon is located in the area of responsibility of the Gilmer County Fire Department. Fire Hydrants are currently not available. Fire suppression services will initially be supplied by means of tanker vehicles. All roads as inspected meet the International Fire Code, or where applicable, satisfy the requirements of the Gilmer County Fire Chief.

Date:_______

Fire Chief (or his designee) _______

Utility Approval

I have visited the site and the utilities (electric, gas, sewage, telephone, or water) that I have authority over as shown on this utility plat have been installed in conformance with the provisions of the Gilmer County land use ordinance, and the Gilmer County development ordinance.

Date: ___________

Utility Company Representative: _____

Development Office Approval

The final subdivision plat shown hereon has been reviewed by Gilmer County Planning Office and is hereby approved under the provisions of the Gilmer County Land Use Ordinance, and the Gilmer County Development Ordinance

Date: _______

Gilmer County Land Development Officer _____

Private Road Construction Certificate

The undersigned road construction contractor hereby certifies that the construction standards set forth in Gilmer County Code, sections 82-177, 82-187, and 82-190 were complied with during the construction of the private roads or streets shown on this final plat.

Road Construction Contractor Company:

_____

Address & Phone Number:

_____

_____

_____

_____
Authorized person signature  printed name  date

SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE ________ DAY OF ________, 20___

_____
Notary Public
My Commission Expires:

_____

(b)

No plat will be approved with contingencies. Any issues raised by the planning commission shall be addressed by the developer and resubmitted for review and approval.

(c)

The approval of the final plat by the planning commission indicates to the developer that the plat is approved for recording in the county office of superior court clerk. The approved plat along with any covenants and declarations or road maintenance documents or road dedication documents shall be recorded within ten working days or the approval is invalid.

Note: No lot shall be conveyed in any subdivision until the final plat is recorded.

(Ord. of 3-27-2003(5), § 3.302; Res. No. 06-47, 3-8-2006; Res. No. 06-190, § h, 11-9-2006; Res. No. 10-006, 1-28-2010; Ord. No. 16-164, 12-8-2016; Res. No. 21-088, Exh., 6-14-2021; Res. No. 23-167, 12-14-2023; Res. No. 25-058, 5-8-2025)

Editor's note— Res. No. 06-47, adopted Mar. 8, 2006, deleted § 82-121, which pertained to suitability of area proposed for subdividing and derived from Ord. of Mar. 27, 2003(5), § 3.400.

In addition to the minimum standards outlined in this chapter, all proposed subdivisions shall comply with all applicable state and federal rules, regulations and laws. The planning commission will withhold approval of any subdivision which is known to be in conflict with any known regulations.

(Ord. of 3-27-2003(5), § 3.401; Res. No. 06-47, 3-8-2006)

If the developer wishes to place restrictive covenants on the subdivision, such covenants shall be submitted with the final plat and shall upon approval be recorded on a separate form along with the final plat.

(Ord. of 3-27-2003(5), § 3.402; Res. No. 06-47, 3-8-2006)

The name of the subdivision shall be at the discretion of the subdivider so long as the name does not closely approximate or conflict with the name of a previously platted subdivision in the county. The decision as to such conflict shall be solely the planning commission's.

(Ord. of 3-27-2003(5), § 3.403; Res. No. 06-47, 3-8-2006)

Editor's note— Res. No. 06-47, adopted Mar. 8, 2006, deleted §§ 82-125, 82-126 which pertained to streets and lots, respectively, and derived from Ord. of Mar. 27, 2003(5), §§ 3.404, 3.305.

Lots shall not be divided by corporate boundary lines.

(Ord. of 3-27-2003(5), § 3.406; Res. No. 06-47, 3-8-2006)

Editor's note— Res. No. 06-47, adopted Mar. 8, 2006, deleted §§ 82-128—82-132, which pertained to lot lines; corner lots; double frontage; building lines; lot width, respectively, and derived from Ord. of Mar. 27, 2003(5), §§ 3.407—3.411.

Panhandle or flag lots, of required width and area, will be allowed. Where such lots are created, the street frontage of each panhandle access shall not be less than 100 feet wide and the panhandle access shall be not more than 250 feet long. Not more than two such panhandle access points shall abut each other. The area within the panhandle shall not be counted toward the minimum lot size, unless the lot is five acres in size or larger.

(Ord. of 3-27-2003(5), § 3.412; Res. No. 06-47, 3-8-2006; Res. No. 21-088, Exh., 6-14-2021)

Greenspace developments: The minimum lot sizes and widths within greenspace developments shall be established by the Gilmer County Health Department if served by individual septic systems. Any subdivision plan of a greenspace development shall state the total gross area of the project and the number of proposed lots. The minimum amount of land to be dedicated as greenspace in order to qualify as a greenspace development is ten percent of the total gross project area. Said ten percent shall not include any road rights-of-way. Property that is covered in water such as a pond, lake or creek or river or wetlands can be used as common area at a percentage of 100 percent of the acreage amount towards the greenspace calculation, provided it is fully accessible by all residents of the community, otherwise, if it is not fully accessible by all residents of the community then it will only be at a percentage of 25% of the acreage amount towards the greenspace calculation.

a.

Minimum lot sizes in greenspace developments shall be determined by environmental health office if served by septic systems. If served by sewer minimum lot size are 0.25 acres and 60 feet wide at the front building line.

b.

For all greenspace developments, a current and accurate master plan of the entire developed tract shall be kept on file with the Gilmer County Department of Planning and Zoning. Such master plan shall show all proposed roads, lots, amenities, and greenspace within the entire development. Greenspace developments must set out and dedicate the requisite greenspace for the master plan in the first phase of the greenspace development. For future development areas, master planned lay-outs may be tentative. Any changes in the master plan that are reflected on submitted preliminary or final plats require the submittal of a revised master plan reflecting any such change. All master plans shall include a chart or table which clearly states the total gross area of the project, the required minimum greenspace for the entire project, the maximum permitted number of units, and a running total by phase of platted acres, platted units, and greenspace provided. The minimum ten percent greenspace applies to the total project as a whole and not to individual phases.

c.

Residential mixed use development.

i.

Multi-family housing is allowed only in the R-1 (residential low density district) and R-2 (residential high density district) only if the development is planned as a private gated community within the greenspace development ordinance. This development is developed by a single owner or company or under a common master plan with recorded restrictive covenants providing for a property owners association. The community shall include all improvements, common areas and amenities and shall be regulated by the covenants and restrictions of the property owners association.

ii.

There shall be a 500-foot setback between multi-family construction and the exterior boundary of all residential mixed use developments. Said 500-foot buffer shall not include any residences.

iii.

The density shall be figured depending on the current zoning for the property but multi-family units shall not make up more than 50 percent of the allowable units. In no case shall the total number of units in a development exceed the maximum number allowed per the density specified within the zoning district.

iv.

The land use shall be primarily residential, with community-supported uses such as a small-scale cultural, recreational and civic uses. The common property of the development such as open space, recreational areas, roads and infrastructure and buildings shall be maintained by the property owners association, by the developer, or by a legally created land trust.

(Res. No. 10-006, 1-28-2010; Res. No. 21-088, Exh., 6-14-2021)

Every lot shall have direct access to a road or street meeting the requirements of this chapter that is not impeded by the above ground placement of any utilities. Any subdivision that exceeds more than 50 lots must have two entrances. Any subdivision that has a bridge crossing a body of water must have two entrances.

(Ord. of 3-27-2003(5), § 3.414; Ord. of 5-13-2004(4), § 3.414; Res. No. 06-47, 3-8-2006; Res. No. 21-088, Exh., 6-14-2021; Res. No. 24-225, 12-12-2024)

Easements may be required in subdivisions for the following purposes:

(1)

Utility easements. When it is found to be necessary and desirable to locate public utility lines in other than the street rights-of-way, easements shall be shown on the plat for such purposes.

(2)

Drainage easements. Where a proposed subdivision is traversed by a watercourse, drainage way, or stream, appropriate provisions shall be made to accommodate stormwater and drainage through and from the proposed subdivision. Such easement shall conform substantially with the lines of such watercourse and be of sufficient width or construction, or both, as to be adequate for the purpose.

(3)

Access easements. Where necessary to provide ingress and egress to a subdivision, right-of-way shall be of a width not less than that required within the subdivision. Road surfaces across such easements between a county or state road and any development must meet the requirements of a Class C road, except that Class D requirements may be used if the subdivision is to use only Class D roads.

(Ord. of 3-27-2003(5), § 3.415; Res. No. 06-47, 3-8-2006; Res. No. 24-225, 12-12-2024)

All lot corners shall be set and shall be iron pins of a minimum diameter of one-half inch. Witness monuments may be set in lieu of monumenting actual corners where the actual corner falls in a utility fixture, or water course. In such instances, the distance of the witness pins shall be stated.

(Ord. of 3-27-2003(5), § 3.416; Res. No. 06-47, 3-8-2006; Res. No. 24-225, 12-12-2024)

Any new residential subdivision in which public water is to be provided by the Ellijay-Gilmer County Water & Sewerage Authority (authority) must install all necessary water mains and appurtenances in accordance with the authority's current standards and specifications; the completed infrastructure is to be turned over to the authority for perpetual operation and maintenance.

The Ellijay-Gilmer County Water & Sewerage Authority (authority) will be the sole provider for public water in Gilmer County. Under no circumstance will a new residential subdivision be permitted to purchase water from the authority to resale to individual lots within a specific subdivision. This does not include well systems in subdivisions outside the authority's current service area.

Any new residential subdivision consisting of 25 lots or more, where the lots are not served by individual wells, within 1.5 miles of the nearest public water system connection shall be required to connect to the public water system as its sole source for water. The distance shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (a) from the nearest corner of the new residential subdivision that abuts a public street, road or highway thence in a straight line along the public street, road or highway to the nearest public water system connection.

(Res. No. 21-088, Exh., 6-14-2021; Res. No. 23-167, 12-14-2023)

Any new residential development in which public sewer collection is to be provided by the Ellijay-Gilmer County Water & Sewerage Authority (authority) must install all necessary sewer mains, laterals, and appurtenances in accordance with the authority's current standards and specifications; the completed infrastructure is to be turned over to the authority for perpetual operation and maintenance.

(Res. No. 21-088, Exh., 6-14-2021)

Editor's note— Res. No. 06-47, adopted Mar. 8, 2006, deleted § 82-138, which pertained to watercourse relocation and base flood elevation and derived from Ord. of Mar. 27, 2003(5), § 3.417.

Editor's note— Res. No. 06-47, adopted Mar. 8, 2006, deleted § 82-171, which pertained to purpose of article and derived from Ord. of Mar. 27, 2003(5), ch. III, art. V.

Wherever topography will permit, the arrangement of streets in a subdivision shall provide for the alignment and continuation or projection of existing streets in adjoining areas.

(Ord. of 3-27-2003(5), § 3.500; Res. No. 06-47, 3-8-2006)

Streets that terminate within a phase or subdivision shall terminate in a turnaround having a minimum right-of-way of at least 100 feet in diameter and a minimum outside diameter surface width of 80 feet. For streets less than 800 feet long or serving five or less lots, a "T" or "Y" type turnaround with a radius return of not less than 50 feet and an surface width of not less than 80 feet may be used, with necessary right-of-way at least 12 feet from any road surface, 40 feet minimum.

(Ord. of 3-27-2003(5), § 3.501; Res. No. 06-47, 3-8-2006; Res. No. 06-190, § i, 11-9-2006)

The number of residential or local streets entering on arterial or collector routes shall be kept to a minimum.

(Ord. of 3-27-2003(5), § 3.502; Res. No. 06-47, 3-8-2006)

Where a subdivision will contain temporary or permanent dead-end streets they shall be designed as follows:

(1)

Arrangement of continuing streets. The arrangement of streets shall provide for the continuation of major streets between adjacent properties when such continuation is necessary for convenient movements of traffic, effective fire protection, efficient provisions of utilities, and when such continuation is in accordance with the major street or road plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line.

(2)

Temporary turnarounds: Where a street which will continue into a future phase extends farther that the lot lines of a corner lot, a temporary gravel turn-around, circular and 60 foot (minimum) in diameter shall be provided. Temporary turnarounds shall not be located on any lot in the current phase but must be located completely within the future phase

(3)

Dead-end streets. Where a street does not extend beyond the boundary of the subdivision and its continuation is not required by the planning commission for access to adjoining property, its terminus shall normally not be nearer to such boundary than 50 feet. However, the planning commission may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. The physical end of the road shall conform to cul-de-sac and turnaround requirements.

(Ord. of 3-27-2003(5), § 3.503; Res. No. 06-47, 3-8-2006)

Intersections of new streets in a subdivision shall comply with the following standards:

(1)

Streets shall be laid out so as to intersect as nearly as possible at right angles. An oblique street should be curved approaching an intersection and should be approximately at right angles.

(2)

Proposed new intersections along one side of an existing street shall coincide, wherever practicable, with any existing intersections on the opposite side of such street. Jogs within streets having centerline offsets of less than 75 feet will not be permitted.

(3)

Minimum surface edge radius at the intersection of two streets shall be 30 feet.

(4)

Where a street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the subdivider shall cut such ground or vegetation (including trees) in connection with the grading of the street right-of-way to the extent necessary to provide adequate sight distance.

(5)

Intersections shall be designed with a maximum six percent grade on the intersecting street.

(Ord. of 3-27-2003(5), § 3.504; Res. No. 06-47, 3-8-2006)

Fill slopes should not exceed a slope of 1.5 horizontal to 1.0 vertical. Road fills shall be made on earth that has all topsoil or overburden removed. Fills shall be made in six-inch lifts starting on a on a level bench cut into original ground and compacted to a compaction rate of 95 percent standard proctor. Cut slopes should not exceed a slope of one horizontal to one vertical. Cut slopes should be made to afford driveway construction wherever applicable. These slopes are recommended maximums and may be waived if topographic restraints are present, and if it is demonstrated that a steeper cut slope can be effectively stabilized. For class C, D, or E roads, retaining walls or other slope stabilization measures may be used to accommodate the heights of cut or fill slopes provided that such measures be included in the approved construction plans or preliminary plat. Further, such measures shall be outside of any required shoulders adjacent to the road way, shall not obstruct sight distances, shall not impede drainage, and that guard railing shall be required adjacent to walls in fill slopes.

(Ord. of 3-27-2003(5), § 3.505; Res. No. 06-47, 3-8-2006; Res. No. 06-190, § j, 11-9-2006; Res. No. 10-006, 1-28-2010)

In subdivisions that adjoin existing streets, the subdivider shall dedicate to the county, if accepted by the county, or provide to the property owner's association additional right-of-way to meet the minimum street width requirements as follows:

(1)

The entire right-of-way shall be provided where any part of the subdivision is on both sides of the street.

(2)

When a subdivision is located on one side of an existing county road with right-of-way width of 60 feet, 30 feet from the centerline shall be dedicated to Gilmer County (or, if the right-of-way width is greater than 60 feet, then one half of the right-of-way width from the centerline shall be dedicated to Gilmer County).

(Ord. of 3-27-2003(5), § 3.506; Res. No. 06-47, 3-8-2006; Res. No. 21-088, Exh., 6-14-2021)

Streets or roads that are extensions of, or obviously in alignment with, existing named streets, shall bear that name. The names of new streets and roads shall be subject to the approval of the county E911 director or representative and shall not duplicate existing names.

(Ord. of 3-27-2003(5), § 3.507; Res. No. 06-47, 3-8-2006)

Editor's note— Res. No. 06-47, adopted Mar. 8, 2006, deleted § 82-180, which pertained to railroads and limited access highways and derived from Ord. of Mar. 27, 2003(5), § 3.508.

Bridge construction shall conform to the state department of transportation specifications construction of roads and bridges, latest edition or such structure shall be designed by and stamped with the seal of a registered professional engineer qualified to design such structures and who is licensed in the state. The engineering design of all bridges shall be submitted to the county public works director for review and approval prior to construction. The bottom or lowest point of the bridge deck structure shall be built at a minimum of two feet above the base flood elevation. Gilmer County may consult with a registered engineer, other consultants, or state agencies on the design of proposed bridges. The developer should allow additional time for approval where bridges are proposed in the development. All plans for bridge construction shall contain a detailed maintenance plan. Bridges shall be designed to accommodate vehicle weight of 86,000 pounds. Bridges may be constructed to timber and related materials when placed in class C or D roads. If any bridge is to be enclosed (as a "covered bridge"), the minimum interior dimensions shall be 14 feet wide and 14 feet and six inches high.

(Ord. of 3-27-2003(5), § 3.509; Res. No. 06-47, 3-8-2006; Res. No. 06-190, § k, 11-9-2006; Res. No. 07-74, § b, 5-10-2007; Res. No. 24-225, 12-12-2024)

(a)

Half streets are prohibited. Whenever a street is planned adjacent to the proposed subdivision tract boundary, the entire street right-of-way shall be platted within the proposed subdivision, unless the adjacent owner agrees to the right-of-way projecting into the adjacent owner's property.

(b)

The subdivision road shall be improved and brought up to minimum standards within the subdivision while maintaining the adjoining property owners use of the road. In which case, the adjacent owner shall indicate such acceptance as evidenced by a recorded document.

(Ord. of 3-27-2003(5), § 3.510; Res. No. 06-47, 3-8-2006)

Streets which are constructed so as to have two traffic ways, each at different levels within the same right-of-way shall provide a minimum right-of-way of 12 feet from the surface edge and such additional right-of-way as necessary to meet the requirements of section 82-177 and a surface width of ten feet.

(Ord. of 3-27-2003(5), § 3.511; Res. No. 06-47, 3-8-2006)

The installation of security gates across a road shall be approved by the fire chief. Where the security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times, and are only permissible on class C and D roads.

(Res. No. 06-190, § l, 11-9-2006; Res. No. 24-225, 12-12-2024)

Editor's note— Res. No. 06-47, adopted Mar. 8, 2006, deleted § 82-184, which pertained to alleys and derived from Ord. of Mar. 27, 2003(5), § 3.512.

(a)

Entrance to county or public roads.

(1)

The sight distance in each direction shall be certified by a land surveyor. The sight distance shall be based on the posted speed limit of the serving road or highway as follows:

Horizontal clearance must accommodate sight distance.

(2)

Surface types and widths of all roads.

(3)

Scale not less than one inch equals 20 feet.

(4)

All proposed storm drainage structures, water lines, and signage.

(5)

Radius joining road surfaces (Minimum = 50 feet or 30 feet if a deceleration lane is installed).

(b)

For subdivisions that consist of more than 50 lots, the public works director may require a traffic study to determine if a center turn lane, a deceleration lane, an acceleration lane or other improvements will be necessary. If the traffic study determines that the traffic generated by the project warrants it, the public works director will require the additional improvements or other mitigating measures.

(Ord. of 3-27-2003(5), § 3.513; Ord. of 5-13-2004(4), § 3.513; Res. No. 06-47, 3-8-2006; Res. No. 21-088, Exh., 6-14-2021; Res. No. 21-088, Exh., 6-14-2021)

The ownership of road rights-of-way of new streets may be any one of the following three modes:

(1)

Fee simple and dedicated to Gilmer County: In order for a road to be dedicated to Gilmer County, the following items are required.

a.

Satisfactory inspections per subsection 82-202(a).

b.

The preliminary plat must have declared that the roads were intended to be dedicated to Gilmer County.

c.

Executed right-of-way deed from the developer, along with an attorney's certificate of title.

d.

Acceptable maintenance security for a period of two years.

e.

Completed construction of the road and all utilities installation, or acceptable performance security.

f.

Majority vote of acceptance by the Gilmer County Board of Commissioners.

g.

Executed certificate of road dedication on the final plat.

(2)

Fee simple and owned by a property owners association: In order for a final plat to be approved having ownership of road rights-of-way to be held in fee simple, the following items are required:

a.

Satisfactory inspections per subsection 82-202(b).

b.

Covenants and restrictions or other documentation must provide for road maintenance terms through the property owners' association.

c.

Private road maintenance review executed on the final plat.

d.

Property owners association certificate executed on the final plat.

e.

Private road maintenance acknowledgement executed on the final plat.

f.

If the new lots will be served by roads governed by an existing property owners association, documentation shall be provided that the property owners association accepts the new lots and or streets.

g.

Private road construction certificate.

(Ord. of 3-27-2003(5), § 3.514; Res. No. 06-47, 3-8-2006; Res. No. 10-006, 1-28-2010; Res. No. 23-167, 12-14-2023; Res. No. 24-225, 12-12-2024)

(a)

All drainage pipe and drainage structures shall be designed utilizing sound hydrology standards and requirements set forth in chapter 70, article II, by a registered professional qualified to design such systems and who is licensed in the state. Water shall be diverted under roadways by the use of pipe with a minimum diameter of 15 inches. Minimum material type is 14 gauge corrugated metal pipe. Reinforced concrete pipe is acceptable. High Density Polyethylene (HDPE) and Polyvinyl Chloride (PVC) culverts are acceptable so long as the selected product and installation thereof follow the Georgia Department of Transportation Standard No. 1030P, and QPL-51. It shall be the responsibility of the developer and/or contractor to coordinate the installation and inspection of any HDPE or PVC pipes to the satisfaction of the Gilmer County Department of Public Works prior to covering said pipes. Any other types of plastic culverts are not acceptable. Any culvert in a road that is to be dedicated to Gilmer County which will have more that eight foot of cover must be reinforced concrete

(b)

The top of the pipe shall be placed with sufficient cover to assure structural integrity of the pipe for anticipated design loads as recommended by the pipe manufacturer. Plastic pipe is not acceptable. The backfill material shall be clean and solidly tamped about the pipe. The discharge end of the crossdrain shall be stabilized using riprap rock for a distance of eight times the diameter of the pipe. Minimal width drainage easements shall be provided in compliance with OSHA safety standards and requirements of chapter 70, article II. Such drainage easements shall be shown on both the preliminary plat and final plat.

(Ord. of 3-27-2003(5), § 3.515; Res. No. 06-47, 3-8-2006; Res. No. 06-124, 6-27-2006; Res. No. 10-006, 1-28-2010)

The right-of-way shall be stabilized as specified in the soil erosion and sedimentation control plan before final plat approval will be granted.

(Ord. of 3-27-2003(5), § 3.516; Res. No. 06-47, 3-8-2006)

The developer shall install street name signs, traffic control signs and any other signs that may be required on the preliminary plat. The sign design, material and method of installation shall be in accordance with the Manual of Uniform Traffic Control Devices. All signage must be installed prior to final plat approval.

(Ord. of 3-27-2003(5), § 3.517; Res. No. 06-47, 3-8-2006)

Cross reference— Signs, § 6-31 et seq.

Road Class Chart

(a)

Class A Roads: Suitable for high traffic volumes and are to be used for arterial and collector or type general roads, and for all new commercial or industrial developments. Paving specifications are eight inches graded aggregate base ("Base") with two inches of binder, topped with one and one-half inch asphalt. Tack coat required on all paving. Class A roads are eligible for dedication to the county and can be accepted at the county's sole election.

(b)

Class B Roads: New county dedicated roads within residential subdivisions. Paving specifications are eight inch graded aggregate base topped with two inches of binder, topped with one and one-half inch asphalt. Tack coat required on all paving. Class B roads are eligible for dedication to the county and can be accepted at the county's sole election.

(c)

Class C Roads: New residential subdivision roads that are to be privately maintained in R-1; R-2; R-3; R-4 and R-5 districts. Paving specifications are a six inch base, which shall extend 1' beyond the pavement (not applicable when the road is boxed), topped with two inches of asphalt. Class C roads must be privately maintained. All utilities must be located under the pavement according to the utility placement diagram. Available also in A-1 land districts.

(d)

Class D Roads: New agricultural subdivision roads that are to be privately maintained in A-1 land districts. Specifications are a six inch compacted graded aggregate base.

(e)

No changes shall be made to the type of road surface for a period of one year after approval of the final subdivision plat.

(f)

Shoulder width shall be 10' feet in width unless topography on either side of the road would be better served with a 3' foot shoulder width as determined by the county planning and zoning director. Only one side of the road may have a 3' foot shoulder under this exception.

(Ord. of 3-27-2003(5), § 3.518; Ord. of 5-13-2004(4), § 3.518; Res. No. 06-47, 3-8-2006; Res. No. 06-190, §§ m, n, 11-9-2006; Res. No. 10-006, 1-28-2010; Res. No. 21-088, Exh., 6-14-2021; Res. No. 23-167, 12-14-2023; Res. No. 24-225, 12-12-2024)

No person shall do any paving work, or any other related or similar road work, on, or adjacent to, a county street or road without a permit issued by the land development office. A fee in an amount set by resolution of the board of commissioners shall be paid for such permit.

(Ord. of 3-27-2003(5), § 3.519; Res. No. 06-47, 3-8-2006)

Editor's note— Res. No. 06-47, adopted Mar. 8, 2006, deleted § 82-192 which pertained to street work on or adjacent to county or state roads to comply with county and state specifications and derived from Ord. of Mar. 27, 2003(5), § 3.520.

The covenants, conditions and restrictions for a subdivision that must comply with of this chapter shall include the following provision:

"THE GRANTEE HEREIN ACKNOWLEDGES THAT ANY AND ALL MEANS OF INGRESS AND EGRESS TO THE PROPERTY CONVEYED HEREIN ALONG THE STREETS OF THE SUBDIVISION, AS OUTLINED ON THE PLAT OF SAID SUBDIVISION, ARE PRIVATE STREETS AND ARE NEITHER MAINTAINED BY GILMER COUNTY NOR CONSIDERED PART OF THE ROAD SYSTEM OF GILMER COUNTY. THE RESPONSIBILITY FOR THE UPKEEP AND MAINTENANCE OF THE STREETS SHOWN THEREON LIES WITH THE PROPERTY OWNERS AS FURTHER SPECIFIED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, AND NOT GILMER COUNTY."

(Res. No. 21-088, Exh., 6-14-2021)

All deeds of conveyance for individual lots served by a private road maintenance agreement within a subdivision that must comply with of this chapter shall also insert the following language on all deeds of conveyances for individual lots in prominent bold capital letters:

"THE GRANTEE HEREIN ACKNOWLEDGES THAT ANY AND ALL MEANS OF INGRESS AND EGRESS TO THE PROPERTY CONVEYED HEREIN ALONG THE STREETS OF THE SUBDIVISION, AS OUTLINED ON THE PLAT OF SAID SUBDIVISION, ARE PRIVATE STREETS AND ARE NEITHER MAINTAINED BY GILMER COUNTY NOR CONSIDERED PART OF THE ROAD SYSTEM OF GILMER COUNTY. THE RESPONSIBILITY FOR THE UPKEEP AND MAINTENANCE OF THE STREETS SHOWN THEREON LIES WITH THE PROPERTY OWNERS AS FURTHER SPECIFIED IN THE PRIVATE ROAD MAINTENANCE AGREEMENT, AND NOT GILMER COUNTY."

(Ord. of 3-27-2003(5), § 3.522; Res. No. 06-47, 3-8-2006; Res. No. 21-088, Exh., 6-14-2021)

"THE STREETS IN THIS SUBDIVISION ARE PRIVATE STREETS AND ARE NEITHER MAINTAINED BY GILMER COUNTY NOR CONSIDERED PART OF THE ROAD SYSTEM OF GILMER COUNTY. THE RESPONSIBILITY FOR THE UPKEEP AND MAINTENANCE OF THE STREETS SHOWN HEREON LIES WITH THE PROPERTY OWNERS AS FURTHER SPECIFIED IN THE PRIVATE ROAD MAINTENANCE AGREEMENT OR THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, AND NOT GILMER COUNTY."

"IN NO CASE SHALL GILMER COUNTY BE RESPONSIBLE FOR FAILING TO PROVIDE ANY EMERGENCY OR REGULAR FIRE, POLICE OR OTHER PUBLIC SERVICE TO THE PROPERTY AND/OR OCCUPANTS WHEN THE FAILURE IS DUE TO INADEQUATE DESIGN OR CONSTRUCTION, BLOCKING OF ACCESS ROUTES, OR ANY OTHER FACTORS OUTSIDE THE CONTROL OF THE COUNTY."

(Ord. of 3-27-2003(5), § 3.523; Ord. of 5-13-2004(4), § 3.523; Res. No. 06-47, 3-8-2006; Res. No. 21-088, Exh., 6-14-2021)

Editor's note— Res. No. 06-47, adopted Mar. 8, 2006, deleted §§ 82-196—82-199, which pertained to signage at entrance of development served by private roads; creation and types of roadways and streets; requirements of roadways and streets; special stipulations for certain classes of streets, respectively, and derived from Ord. of Mar. 27, 2003(5), §§ 3.524—3.527.

(a)

Any party shall be liable to the county for damage to county roads or county maintained roads and rights-of-way caused by the party in an amount necessary to return such roads to their normal and usual condition, together with all court costs in the event such issue is litigated in any manner.

(b)

In the event the land development officer or other authorized county official issues a stop order to any person damaging county roads or county-maintained roads and rights-of-way, such person, in addition to the liability provided in subsection (a) above and section 62-5 shall be penalized $500.00 for each day in violation of such stop order.

(Ord. of 3-27-2003(5), § 3.528; Ord. of 5-23-2004(4), § 3.528; Res. No. 06-47, 3-8-2006)

Editor's note— Res. No. 06-47, adopted Mar. 8, 2006, deleted § 82-201, which pertained to charts and derived from Ord. of Mar. 27, 2003(5), § 3.529.

(a)

Prior to beginning construction on a road or street that is proposed to be dedicated to Gilmer County upon completion, the board of commissioners shall designate a procedure for construction inspections of the road. The procedure may include the engagement of a geotechnical engineering firm, the fees for which would be paid for by the developer, the assignment of qualified county personnel and an estimated cost for such personnel which would be paid for by the developer, or a combination of both. The board of commissioners shall also designate a contact person on behalf of the county to coordinate all inspections and correspondence.

(b)

The following standards of inspection shall be applicable to roads or streets that are to be privately maintained. Satisfactory review of photographs of each section of the road as it was constructed, especially topsoil removal, culvert placement, and building of fill slopes, along with detailed weekly construction reports (may use the same as required of the primary or secondary permittee under NPDES requirements) and site visits during construction.

(Ord. of 3-27-2003(5), § 3.530; Ord. of 5-13-2004(4), § 3.530; Res. No. 06-47, 3-8-2006; Res. No. 10-006, 1-28-2010)

(a)

All public improvements which are to be dedicated to and accepted at the county's sole election shall be maintained by the developer for the period of two years after the vote of the board of commissioners. For streets being accepted by the board of commissioners as county streets, the developer shall post a surety bond or letter of credit with the board of commissioners in an amount to be determined by Gilmer County. If, upon proper notification of failure of the dedicated improvements, the developer does not correct the deficiency or commence remedial work within ten days of notice, it shall be deemed to be a failure on the security, and the board of commissioners shall have the right to make the necessary repairs, either by public work or by private contract, and the surety shall be liable for the full amount of the cost of such repairs.

(b)

If after the period of two years the board of commissioners finds that the dedicated improvements are holding up with only normal wear and tear, the maintenance security will be released.

(Ord. of 3-27-2003(5), § 3.700; Res. No. 06-47, 3-8-2006)

Where there is a written request to the planning commission not less than 30 days prior to submission of the preliminary plat or if the variance was unforeseeable at the preliminary plat approval time, such variance(s) shall be requested as soon as such variance requirement(s) is discovered or should have been discovered, but not less than 30 days prior to submission of the final plat, from the developer outlining the particulars on how the strict compliance of these regulations would cause him/her extraordinary or unnecessary hardships, the planning commission may, after notice and public hearing, vary certain parts of the regulations of this chapter, provided that such variations will not have the effect of nullifying the intent and purpose of the regulations, and provided the public interest, health, safety and general welfare is protected. (For variances after final plat approval see Division 13 of the Gilmer County Land Use Ordinance.)

(Ord. of 3-27-2003(5), § 3.900; Ord. of 5-13-2004(4), § 3.900; Res. No. 06-47, 3-8-2006)