900-10.1Prerequisite to Final Plat, Certificate of Completion, or Certificate of Occupancy. The submittal and acceptance of a Certificate of Development Conformance shall be a prerequisite to the approval of a Final Plat or issuance of a Certificate of Occupancy or Certificate of Completion for any project, or portion thereof, included in a Development Permit, except for single-family and two-family structures. The approval shall reflect the certification by the owner, being the subdivider or developer, that all site work and construction has been accomplished according to the terms of the approved plans and permits, and that all improvements intended for maintenance, supervision and/or dedication to the public are in compliance with appropriate standards, regulations, codes, and ordinances. Such approval shall be revoked in cases of fraud or whenever unauthorized changes are made to the site without the benefit of required permits.

900-10.2Submission Requirements. Upon completion of the project as authorized for construction by the development permit, the subdivider/developer, shall file the following items with the Director:

A.

A Certificate of Development Conformance in a form as required by the Director, accompanied by an executed Development Performance and Maintenance Agreement and related surety bonds, or other surety forms, as appropriate and acceptable to the Director.

B.

Record drawings of all stormwater management facilities.

C.

Modifications to the limits of the 100-year floodplain (if any).

D.

An "as-built" hydrology study for the project with the actual parameters from the record drawing of the stormwater management facilities.

E.

A record drawing of the sanitary sewer facilities shall also be prepared and submitted to the Plan Review Section for review and approval. If the owner is a corporation, the documents shall be executed by the President, or Vice-President, be affixed by a corporate seal, and either the corporate secretary shall attest to the signature and affix the corporate seal, or a Certificate of Corporate Resolution shall also be submitted.

900-10.3Certificate of Development Conformance Approval Process.

A.

Following final inspection and approval of all record drawings, the Director shall require an executed Certificate of Development Conformance from the subdivider/developer.

B.

Final approval by the Director shall not be shown on the Certificate of Development Conformance until all requirements of these and other applicable regulations have been met.

C.

Once the Department has approved the Certificate of Development Conformance and after all maintenance and performance bonds are released, the Director or designee shall certify by signature on the original of the Certificate of Development Conformance that all of the requirements of this UDO and the conditions of zoning approval have been met, and that all other affected departments have approved the development or Final Plat.

D.

For developments with private streets, all required improvements and installations must be completed in accordance to the applicable rules and regulations of Gwinnett County.

900-10.4Project Closeout and Continuing Maintenance.

A.

Development Performance and Maintenance Agreement. Based on the approved Certificate of Development Conformance, the owner shall file a Development Performance and Maintenance Agreement with the Department, along with any required Certificate of Corporate Resolution and performance or maintenance surety, as a prerequisite to the approval of a Final Plat or issuance of a Certificate of Occupancy for any part of a project included in the development permit, except for single-family and two-family residential structures. The Development Performance and Maintenance Agreement shall be in a form as required by the Director, and shall include the following:

1.

Maintenance surety shall be filed to warrant to the County that all newly completed street improvements including but not limited to street pavement, curbing, sidewalks, water and sewer lines, appurtenances, stormwater facilities, wall(s), berms, and required landscaping within the right-of-way shall be maintained in compliance with the standards and rules and regulations of Gwinnett County. Such surety shall:

a.

Be conditioned upon the faithful maintenance by the principal, being the subdivider, owner or developer of the public streets and drainage facilities within public streets or easements, in compliance with this UDO and all other applicable rules and regulations within a specified time, not less than 18 months;

b.

Be payable to, and for the indemnification of the County;

c.

Be an amount equal to 50 percent of the cost of construction of the work required, as calculated based on yearly contract prices or County contracts, where applicable;

d.

Be with a surety company entered and licensed to do business in the State of Georgia; and

e.

Be in a form acceptable to the Director or to the County Attorney.

2.

A Performance surety shall be filed to warrant to the County that all improvements and installations required for the Development Permit or Final Plat approval, but not yet completed, shall:

a.

Be conditioned upon the faithful performance by the principal, being the subdivider, owner or developer of all work required to complete all improvements and installation for the development, or approved portion thereof, in compliance with this UDO and all other rules and regulations within a specified time, not to exceed 12 months, unless an extension for additional time is granted;

b.

Be payable to, and for the indemnification of, the County;

c.

Be in an amount equal to the cost of construction of the work required plus an additional 50 percent of said costs, as calculated based on the yearly contract prices or County contracts, where available;

d.

Be with surety by a company entered and licensed to do business in the State of Georgia; and,

e.

Be in a form acceptable to the Director or the County Attorney.

B.

Continuing Maintenance. The surety principal, being the subdivider, owner, or developer, shall be responsible for maintaining the public streets and drainage facilities within public rights-of-way or easements for the surety period after the date of approval of the Certificate of Development Conformance. Repairs shall be made for any deficiencies identified within the surety period or the bonds shall be called to complete same.

C.

Indemnification. Indemnification of the County against any and all liability for damages arising as a result of errors or omissions in the design or construction of the development for a period of ten years. If liability is subsequently assigned or transferred to a successor in title or other person, a copy of such legal instrument shall be filed with the Clerk to Superior Court.

D.

Transfer of Land Ownership during the Maintenance and/or Performance Agreement Time Period. No person, firm, partnership, association, corporation, estate, trust, developer, subdivider or any other owner or agent shall transfer title of any property by reference to, exhibition of, or any other use of any map or plat illustrating the subdivision of land of which there are active maintenance or performance bonds without first providing to Gwinnett County, as beneficiary, a newly executed Development Performance and Maintenance Agreement from the new owner or developer. All required performance or maintenance sureties acceptable to Gwinnett County shall accompany the new Agreement as deemed necessary.

900-10.5Maintenance and Performance Surety.

A.

The maintenance surety and the performance surety, required from the subdivider, owner/developer or the contractor employed by the owner/developer, may be in the form of cash deposited with the County, or a surety bond, or letter of credit from a bank or other financial institution in a form acceptable to the Director or County Attorney.

1.

The surety bond shall be issued by a surety company authorized by law to do business in the State of Georgia pursuant to a current certificate of authority to transact surety business by the Commissioner of Insurance.

2.

The letter of credit shall be an irrevocable letter of credit issued by a bank or savings and loan association, as defined in O.C.G.A Code Section 7-1-4.

3.

The cash escrow shall be in the form of cashier's check issued to Gwinnett County by a bank or savings and loan, as defined in O.C.G.A Code Section 7-1-4

B.

The performance surety and maintenance surety shall, in all cases, be provided in an amount as required in Section 900-90.4 as applicable. All cost estimates which form the basis of the bond value shall be as prepared by or acceptable to the Department.

C.

The Maintenance Bond period shall not be less than 18 months from the date of approval of the Certificate of Development Conformance for the installation of the public streets and drainage facilities improvements within the right-of-way unless an extension for an additional 12 months is requested by the subdivider or developer and granted by the Director. The Performance Bond period of application shall not exceed 12 months unless an extension of an additional 12 calendar months has been requested by the subdivider or developer and granted by the Director.

D.

If a period of 18 months elapses from the commencement of the maintenance period for any subdivision and defects, noncompliance, or violations still exist to the extent that the subdivision has not been accepted by the County, the County is authorized to withhold issuance of any and all permits or to refuse inspections to any subdivider/person on the project in dispute or any other project in which the subdivider/person may have a financial interest, or both, who violates or fails to comply with this UDO.

900-10.6Maintenance Agreement for Water and Sanitary Sewer Installation. An Owner and Developer Agreement required from the subdivider, owner/developer or the contractor employed by the owner/developer, for sanitary sewer installation and water main installation is required by the Department of Water Resources. The Owner and/or developer agree that they or their contractor will maintain the installation for a period of one year from the date of final approval by correcting all defects or deficiencies in material and workmanship. The Owner and/or Developer further agree that the warranty period shall be extended an additional four years when the defects are a direct result of the installation of non-specified materials or the application of non-specified construction practices or methods.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 48), 9-26-2023)

900-20.1 Upon final installation of new trees, shrubs or other landscape material planted to meet the requirements of this UDO, and following acceptance by the Department in accordance with the procedures set forth herein, the owner shall either provide proof of warranty or post a Maintenance Bond or other acceptable surety, warranting the new trees, shrubs, or landscape material for a period of no less than one year. This section shall not apply to individual residential lot trees or street trees.

900-20.2Inspection.

A.

The Department shall perform an inspection of the plantings and landscape materials required by this UDO prior to expiration of the one-year warranty or maintenance period. The owner shall be notified of any replacements or restoration that must be made to maintain compliance with this UDO.

B.

Required landscape material found to be dead or near death shall be replaced prior to release by the Department of the warranty or maintenance surety. In no case shall replacement be delayed greater than 30 days from notification unless a performance bond is posted with the Department.

900-20.3Performance Surety.

A.

Compliance Prior to Certificate of Occupancy or Final Plat Approval. In the event that new trees proposed to be planted to achieve the Tree Density Standard as set forth in the Tree Regulations contained herein, or other trees or landscape material required to be planted as set forth in this Chapter, are not installed upon application for a Certificate of Occupancy or Final Plat approval as appropriate to the project, then a Performance Bond or other acceptable surety shall be posted with the Department in accordance with the performance bonding requirements and provisions of this UDO.

900-20.4 Compliance upon Permit Completion or Expiration. Properties where a permit is issued to conduct land-disturbing activities that do not require the issuance of a Certificate of Occupancy or the approval of a Final Plat, or said activities as authorized are completed or the permit expires, shall comply with the Tree Density Standard of Section 630-30, and as follows:

A.

Clearing, Clearing and Grubbing, or Grading Only Permits

1.

Replacement trees proposed to be planted to achieve the Tree Density Standard of Section 630-30 which are not planted upon completion or prior to expiration of a clearing, clearing, and grubbing, or grading permit, shall be planted within 30 days of the completion or expiration of said permit unless a performance bond is posted with the Department.

B.

Development Permits

1.

Replacement trees proposed to be planted to achieve the Tree Density Standard of Section 630-30 which are not planted upon expiration, as opposed to completion, of a development permit shall be planted within 30 days of expiration of said permit unless a performance bond is posted with the Department.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 48), 9-26-2023)

900-30.1 Prior to or concurrent with the recording of a Final Plat for a subdivision, or issuance of a Certificate of Occupancy for a non-subdivision project, the developer, shall provide acceptable surety such as a bond or letter of credit, as determined by Planning & Development, providing for the stormwater management facility(ies) for a period of not less than 18 months. At the end of 18 months, the County may require the surety to be renewed due to anticipated improvements caused by such concerns as future construction activity within the project limits in the drainage basin. A renewed surety may be required up to a total maximum of 10 years. The surety for a facility shall be renewed during the ten-year period until:

A.

The surface water drainage area within the project has undergone final stabilization and all planned site construction activity has been completed.

B.

All stormwater runoff in the surface water drainage area within the project is coming from undisturbed or stabilized areas.

C.

All stormwater facilities and infrastructure construction have been completed and permanent vegetation is established.

D.

If a temporary stormwater management facility is still in use at the end of the site construction, then the surety shall remain in place until the accumulation of acreage of undeveloped lots, lots with no completed permanent structure and no final stabilization, within the surface water drainage area within the project is less than 10 percent of the total area of the common development draining to the facility.

E.

Two months prior to surety release, the permanent stormwater management facility shall be installed and cleaned out, as necessary. A new record survey, drawing and certification showing that the volume of the facility is equal to or greater than the volume shown in the record survey, drawing and certification when the facility was approved shall be submitted. Documentation demonstrating the required testing outlined in the Gwinnett County Stormwater Management Manual for the proposed stormwater BMP shall also be provided. As an alternative, a new record survey, drawing and certification showing that the facility complies with this UDO as specified in Section 800-20.7. shall be submitted. If deficiencies are found, the developer shall be required to update the stormwater BMP to comply with the approved development plans.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 48), 9-26-2023)