350-10.1Department to Maintain Standard Drawings on File. The Department shall maintain on file for consultation and distribution a set of Standard Drawings, which may be updated administratively from time to time, illustrating details of construction and design of streets, stormwater management facilities, site improvements and other elements related to the development of land in accordance with this UDO and under the jurisdiction of the Department.

350-10.2Standard Drawings to Illustrate Standards. The Standard Drawings shall illustrate minimum acceptable standards for land development activities authorized under this UDO but shall not supersede more restrictive prudent design requirements or good engineering practices as applied to specific situations on a case-by-case basis.

350-10.3Standard Drawings Incorporated as Part of the Unified Development Ordinance. The Standard Drawings shall be treated as though a part of this UDO for application to the minimum standards for design and construction of improvements required herein and subject to the modification and waiver provisions of this UDO.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 35), 9-26-2023)

350-20.1 All development shall be consistent with the guidelines and policies of the Gwinnett Countywide Trails Master Plan.

350-20.2 The Gwinnett Countywide Trails Master Plan shall be treated as though a part of these regulations for application to the minimum standards for design, construction of improvements, and/or dedication of easements required herein and subject to the modification and waiver provisions of Section 340-40.

350-20.3 Where conflicts exist between the Gwinnett Countywide Trails Master Plan and this UDO, the recommendations within the Master Plan shall prevail.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 35), 9-26-2023)

350-30.1Building Setback Conformity. Building setback lines shall conform to the minimum setback requirements of Title 2 of this UDO except where a greater distance is required by the Gwinnett County Construction Code.

350-30.2Lots.

A.

Lots to conform to the Title 2 of this UDO. Lots shall conform to requirements of this UDO. No lot shall be created that is of a lesser dimension than that required to meet the standards established in Title 2 of this UDO, unless a variance is granted. However, this provision shall not apply when a conforming lot is made non-conforming as a result of public acquisition.

B.

Subdivisions shall be designed to minimize direct lot access to major thoroughfares.

1.

Double frontage and reverse frontage lots shall be required for subdivisions along major thoroughfares where internal access can be provided. A no-access easement of at least ten feet in width, across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery. When located along a major thoroughfare, the no-access easement shall be planted and/or screened as required by Chapter 620-80 of this UDO, when the backs of homes are oriented toward the street.

2.

No-access easement planting or other screening treatments which are required by the UDO, or as a condition of zoning, shall be installed by the developer at no cost to Gwinnett County.

C.

Flag lots prohibited. No plat shall be approved on which is shown a flag lot, as defined in this UDO.

D.

Side Lot Lines. Side lot lines generally should be at right angles (90 degrees) to straight street lines or radial to curved street lines as much as practical. Side lot lines should be radial to the radius points of all cul-de-sacs. Variations of more than 10 degrees shall require modification approval from the Department and shall be approved when appropriate to the reasonable design pattern of the subdivision and efficient use of the land relative to topographic conditions.

E.

The Department may require notation that a House Location Plan (HLP) is required to be approved prior to issuance of a Building Permit on certain lots when particular care in locating the house or other improvements will be necessary. Such lots include, but are not limited to:

1.

A lot which presents particular or unusual difficulties for a builder to meet minimum required building setbacks;

2.

A lot upon which is located an easement of unusual configuration;

3.

A lot containing floodplain;

4.

A lot upon which is located all or a part of a stormwater management facility;

5.

A lot upon which is located a buffer which was required by Title 2, and Title 3 of this UDO or as a condition of zoning approval;

6.

All duplex lots; and

7.

All lots within, or partially within, the Chattahoochee River Corridor, or containing a River Corridor Tributary Buffer Zone.

F.

The Department may require notation that a Residential Drainage Plan (RDP) is required to be approved prior to issuance of a Building Permit on certain lots where additional (site specific) engineering will be necessary to properly grade the lot or locate the building or other improvements. Such lots include, but are not limited to:

1.

A lot containing floodplain where fill or other encroachment into the floodplain is planned or reasonably expected;

2.

A lot containing severe topographic features intersecting the building site;

3.

A lot containing a drainage easement with a pipe discharge or other facilities, or flow characteristics which may adversely affect the location of a building or other site improvement.

G.

The Department may require notation that a Residential Drainage Study (RDS) is required to be approved prior to issuance of a Building Permit on certain lots where particular attention to site grading will be necessary, but formal engineering is not needed. Such an RDS is conducted in the field where the effect of the site grading must be accomplished with adequate care so as not to create a drainage problem on neighboring property.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 35), 9-26-2023)

350-40.1Signage and Landscape Features. The creation of an unbuildable lot in a proposed subdivision for the exclusive purpose of subdivision identification signage or subdivision entrance landscape features is authorized only under the following circumstances (modification applications from the circumstances of this exception shall not be accepted):

A.

The lot shall be located at an entrance to the subdivision as an "island" in the right-of-way of a local or minor collector street; and,

B.

A mandatory property owner's association shall be required for the subdivision for ownership and maintenance of the lot as common area; and,

C.

Right-of-way of a minimum width of 6 feet from back of curb shall be provided adjacent to the perimeter of the lot; and,

D.

Landscape plantings within the right-of-way shall not extend more than 2.5 feet above the street grade.

350-40.2Stormwater Management and Utility Facilities. The creation of an unbuildable lot for the exclusive purpose of providing and maintaining a stormwater management or utility facility is authorized, provided that such a lot meets all applicable requirements set forth in this UDO and under the jurisdiction of the Department.

350-40.3Open Space. The creation of an unbuildable lot for the exclusive purpose of providing and maintaining open space or conservation space for the enjoyment of the community is authorized.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 35), 9-26-2023)

350-50.1Project Access Improvements.

A.

Every developer of land shall provide the project access improvements included in this UDO as shall be appropriate to serve the project, in accordance with these regulations and other pertinent Codes, Ordinances, and regulations of Gwinnett County. Said improvements and associated lands shall be provided at no cost to Gwinnett County, and shall be dedicated or otherwise transferred, as required, to the public in perpetuity and without covenant or reservation, except as otherwise provided herein.

B.

For all business and industrial developments fronting a state highway, no land disturbance or building permits shall be issued until the approval of the Georgia Department of Transportation (DOT) has been obtained by the applicant on the entrances and exits, curb radii, drainage and other matters that are the appropriate concern of Georgia DOT.

350-50.2Access.

A.

Large parcels to provide future street access. When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged and designed so as to allow for the opening of future streets and to provide access to those areas not presently served by streets.

B.

Landlocking of adjacent property prohibited. No development shall be designed so as to completely eliminate street access to adjoining parcels of land. Every development shall be designed to facilitate access to adjoining properties which are developed or anticipated to be developed in a manner substantially similar to the subject property. Locations of inter-parcel access shall be as required by and subject to the approval of the Department.

C.

Private streets to be constructed pursuant to roadway construction standards. Private streets as may be approved under the provisions of this UDO shall be constructed to the street construction standards of Gwinnett County, as contained in Chapter 360.

350-50.3Vehicular Access Easements. Vehicular access easements may be provided from a public street indirectly via easement subject to the following:

A.

The easement shall be in a location and the access driveway shall have a width and alignment acceptable to the Department and the Department of Fire and Emergency Services.

B.

The access easement serves a single-family residence on a lot which is otherwise a buildable lot of record, and which is sharing a common driveway with more than one other single-family residence.

C.

The sharing of a common driveway (or alley) by multiple residences.

D.

The access easement was lawfully established as such under the code, ordinances, or regulations of Gwinnett County prior to the adoption of this UDO.

E.

The access easement coincides with a private roadway or alley approved under the code, ordinances, or regulations of Gwinnett County.

350-50.4Dedication of Street Right-of-Way. Right-of-Way for all public streets, existing and proposed, shall be dedicated in accordance with the street classifications as shown on the officially adopted Gwinnett County Long Range Road Classification Map or as required by Director or Designee of Gwinnett DOT.

350-50.5Greenway Access Dedication of Easement and Construction Requirements. Access, dedication of easement and/or construction of greenway trails shall be provided in accordance with the prioritized greenway network map of the most currently approved Gwinnett Countywide Trails Master Plan, as follows:

A.

Greenway Access. All properties or assemblages of parcels abutting designated greenways as shown on the prioritized greenway network map of the Gwinnett Countywide Trails Master Plan shall provide at least one multi-use path to the programmed or existing greenway. The multi-use path shall be paved or constructed with materials approved by Gwinnett County , and the route segment shall be a minimum of 10 feet in width. Multi-use path locations shall be reviewed and approved by the Department of Community Services.

B.

Greenway Construction and Easement Dedication.

1.

Within flood plains and stream buffers, greenway easements shall be dedicated and constructed to provide public access to trails as shown on the prioritized greenway network map of the Gwinnett Countywide Trails Master Plan. Greenways shall be located so that the route is feasible for both construction and long-term maintenance. The specific location of the greenway shall be verified on the ground before approval and project release of the development. The amount of land required for greenway construction shall not exceed 5 percent of the land within the development excluding greenways located within a standard street right-of-way.

2.

For all other locations, as established by the prioritized greenway network map of the Gwinnett Countywide Trails Master Plan, dedication of easement shall be required for greenways lying outside of any floodplain or stream buffer or shall be reserved either for public access greenway easement, dedication and construction, or other terms negotiated with the County.

3.

In coordination with the Department of Community Services and the Director of Planning and Development, greenways with public access may be allowed to substitute for required sidewalks if the greenway alignment coincides with locations intended to be served by sidewalks.

C.

Limitations.

1.

Single-family residential zoning districts. The dedication or construction of greenways in single-family residential zoning districts is required for subdivisions that involve the creation of a new street. Existing single-family lots are exempt from greenway easement dedication and construction.

2.

All other zoning districts. Construction of the greenway is required in the following situations:

a.

Whenever there is new development; or

b.

Whenever alterations to existing development are 25 percent or greater of the total improvements on the site; or

c.

Whenever new streets are constructed.

D.

The construction and dedication of greenways shall be in accordance with the approved Gwinnett Countywide Trails Master Plan design standards. Any deviation or modification of the construction standards contained herein shall be subject to the approval of a modification or waiver.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 35), 9-26-2023)

350-60.1Length, Width, and Shape. The lengths, widths, and shapes of blocks shall be determined with regard to:

A.

Provision of adequate building sites suitable to the special needs of the type of use contemplated;

B.

Applicable zoning requirements as to maximum length of street, lot size and dimensions;

C.

Needs for convenient access, circulation, control, and safety of street traffic; and

D.

Limitations and opportunities of topography.

350-60.2Pedestrian Access. In blocks over 500 feet long, an alley, sidewalks, pedestrian way, or pedestrian access easement, shall be provided through the block to other streets within the development.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 35), 9-26-2023)

350-70.1Residential Amenities and Common Areas.

A.

In subdivisions where land is required for open space use in accordance with this UDO, such land shall be deeded to a qualified Property Owners or Homeowner's Association, or other legal entity incorporated under the laws of Georgia upon the approval of the Final Plat containing said land. Said land shall be deeded with a restriction that the land shall be used exclusively for recreational purposes and shall be made available to all residents of the subdivision project on an equal basis. The qualified Property Association shall provide for the mandatory membership of all of the owners within the subdivision, and shall be responsible for the perpetuation, maintenance and function of the recreation areas and uses or facilities therein. The association shall have the authority and duty to assess its members for such maintenance and improvements as set forth in the instrument creating the association. All covenants shall be recorded simultaneously with the final subdivision plat.

B.

In multifamily rental or condominium projects, land provided for open space in accordance with these requirements shall be held in the ownership of the owner of the project.

C.

Gwinnett County may lease or sell land reserved for public parks to a qualified Property Owners Association with a deed restriction that the land be used exclusively for open space, common area or public recreational purposes in perpetuity. The organization of a qualified Property Owners Association and its adequate financing for the discharge of its responsibilities shall be assured through acceptable private deed covenants running with the land or other such documents as approved by the Boards of Commissioners of Gwinnett County.

D.

In a residential development, where usable open space is to be developed, permits for any amenities must be issued prior to 25 percent of the proposed residential units receiving a certificate of occupancy. All amenity areas must be completed prior to 75 percent of the proposed residential units receiving a certificate of occupancy.

350-70.2Open Space in Big Haynes Creek Watershed Protection Area. Open space provided in projects located in the Big Haynes Creek Watershed Protection Area shall meet the following requirements:

A.

Open Space shall be permanent and shall remain in its natural state, undisturbed and unoccupied by any structures or impervious surfaces to include septic tanks and septic tank fields and except for approved access or utility crossings. Pedestrian access shall be subject to the approval of the Director. Buffers, floodplains, and wetlands may be used as open space.

B.

Ownership Requirements. Open Space provided in a development located in the Big Haynes Creek Watershed Protection Area shall be owned and maintained by the property owner, or in the case of subdivision, by a property owner's association. The association shall be established by the developer prior to or concurrent with the recording of the Final Plat of the subdivision. The association by laws shall include the following provisions:

1.

Automatic (mandatory) membership of all purchasers of lots therein and their successors.

2.

Conditions and timing of transferring control of the association from the developer to the lot owners shall be specified which shall not exceed four years from the date of recording of the Final Plat of the subdivision

3.

Responsibility for maintenance, insurance, and taxes.

4.

Sharing of the costs of maintenance among the lot owners with shares defined by the association bylaws.

5.

Authority to place liens on the real property of members who fail to pay their dues or assessments.

6.

Prohibition of the dissolution of the association without the approval of the Board of Commissioners.

C.

Maintenance. The property owner, or the property owner's association, shall be responsible for the maintenance of open space. Open Space shall be kept in reasonable order and condition.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 35), 9-26-2023)