9.1.1. Policy

A.

In the interest of orderly, planned, efficient and economical development, and furtherance of the general health and welfare of the county and its residents, and to ensure consistency with the Comprehensive Plan, it is declared to be the policy of the county to consider the subdivision of land and its development to be subject to the control of the county.

B.

Land to be subdivided must be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace and that it can be serviced with those public facilities deemed necessary and appropriate for such development.

C.

The existing and proposed public improvements must conform with and be properly related to the proposal shown in the land use plan, and it is intended that these regulations supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, the Unified Development Code, the Comprehensive Plan, and the capital budget and program of the county.

9.1.2. Purposes

These regulations are adopted for the following purposes:

A.

To encourage the development of an economically sound and stable community so as to help conserve and protect the natural, economic, and scenic resources of the county;

B.

To assure the provision of required streets, utilities, and other facilities and services to both residential and nonresidential subdivision developments;

C.

To assure the adequate provision of safe and convenient access and circulation, both vehicular and pedestrian, and to help ensure that all lots will be accessible to emergency and service vehicles;

D.

To assure the provision of needed public open spaces and building sites in new land development through the dedication or reservation of land for recreational, educational, and other public purposes;

E.

To ensure adequate drainage by providing for the proper layout of streets and lots, thereby reducing maintenance problems;

F.

To promote a safe and healthy environment;

G.

To assure adequate identification of property on the public records;

H.

To encourage, in general, the wise development of the community consistent with the Comprehensive Plan; and

I.

To assure the equitable review of subdivisions by providing uniform procedures and standards for the subdivider.

9.1.3. Conditions on Development; Compliance

Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to this county. The developer has the duty of compliance with these regulations for design, dedication, improvement, planning, etc., so as to conform to the physical development of the county and to the safety and general welfare of the future lot owners in the subdivision and of the community at large.

9.1.4. Jurisdiction

These regulations control the subdivision of residential and nonresidential land within the unincorporated portion of Hall County, Georgia.

9.1.5. Interpretation

In their interpretation and application, the provisions of these regulations will be held to be the minimum requirements for the promotion of public health, safety, and general welfare.

9.1.6. Conflicting Provisions

Where any provision of these regulations imposes a restriction different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards will apply.

9.1.7. Easements, Covenants and Other Private Restrictions

These regulations are not intended to supplant any easement, covenant or any other private restriction; provided that, when the provisions of these regulations are more restrictive or impose higher standards than such easement, covenant, or other private restriction, the provisions of these regulations will apply.

9.1.8. Subdivisions Relying on Provision of Access or Services by Municipal Corporations or Other Counties

Hall County may deny all or any part of a subdivision where proper access and the provision of services affecting the health, safety, and welfare of the subdivision are jeopardized by reliance upon the performance of another jurisdiction.

9.1.9. Saving Provision

These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the county under any section or provision existing at the time of adoption of the regulations codified in this UDC, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the county, except as expressly provided for in these regulations.

9.2.1. Minimum Design Standards

All subdivisions hereafter established must be developed in accordance with the minimum design standards and requirements set forth in this UDC.

9.2.2. Suitability of Land

Land subject to flooding, improper drainage, or erosion, or which is for topographical, geological or other reasons unsuitable for residential use, may not be platted for residential use or for any other uses that will continue to increase the danger to health, safety, or property destruction, unless the hazards can be corrected. Determination will be made by study of topographic maps or inspection of the subdivision by the County Engineer.

9.2.3. Name of Subdivision

The name of the subdivision must have the approval of Hall County. The name must not duplicate or closely approximate the name of an existing subdivision.

9.2.4. Access

Access to every subdivision lot must be provided over a public road or over a common access driveway which meets the standards set forth in the driveway regulations. Hall County may control access to freeway, expressway, arterial, and collector roads by requiring all buildings to face and have access to only minor roads. In any subdivision not involving the construction of new roads and in any minor subdivision, as defined by this UDC, all new lots accessing a road designated as an arterial or collector must have a minimum frontage of 90 feet.

9.2.5. Through Traffic

Minor streets must be laid out so that their use by through traffic will be discouraged.

9.2.6. Continuation of Existing Street Pattern

Whenever topography, ownership, and design objectives permit, the street pattern within a subdivision must provide for the continuation or appropriate projection of the existing street pattern in the section of the county involved.

9.2.7. Relationship to Comprehensive Plan

All proposed subdivisions must meet the intent of the Comprehensive Plan and development policies in effect at the time of submission.

9.2.8. Reservation of Public Spaces

Where features of the Comprehensive Plan such as school sites, parks, streets other than local subdivision streets, or other public spaces are located in whole or in part in a proposed subdivision, or when these features have not been anticipated by the Comprehensive Plan and planning policy, but are considered essential by the Director, such features may be dedicated, or in lieu of dedication may be reserved by the subdivider. Whenever such reserved land, or any portion thereof, is not acquired, optioned, or condemned by the appropriate public agency within a six-month period from the date of recording the subdivision or by the next budget year, whichever is the longer period of time, the subdivider may claim the original reservation, or portion thereof, and cause it to be subdivided in a manner suitable to the subdivider, subject to the provisions of these rules and regulations.

9.2.9. Reservation of Public Spaces; Waiver

The Director may waive the public space reservation requirements whenever the public body responsible for land acquisition executes a written release stating that such a planned feature is not being acquired.

9.2.10. Reservation of Public Spaces; Denial of Plat

The Director may deny plats when such planned features, as specified by the Comprehensive Plan, are not incorporated into the plat.

9.2.11. Suitability of Land Dedicated for Public Use

Whenever the plat proposes the dedication of land to public use and the Director or the appropriate agency finds that such land is not required or suitable for public use, the Director may either refuse to approve said plat or may require the rearrangement of lots to include such land.

9.2.12. Subdivisions Adjacent to or Containing Dams

The subdividing of land, any portion of which is or will be adjacent to a proposed or existing dam, must be such that:

A.

Subdivision lots must have at least 50 feet of frontage on a street dedicated to public use which meets the requirements for acceptance into, or which is part of, the county road maintenance system.

B.

Such lots must be accessible by streets which meet the requirements for acceptance into, or which are currently part of, the county road maintenance system.

C.

There may be no lots which are accessible only by use of a street or streets which cross a proposed or existing dam.

D.

No lot may be allowed on any portion of an entire street which crosses a proposed or existing dam unless such lot fronts on a street which meets the requirements for acceptance into, or which is part of, the county road maintenance system.

E.

No dwellings or other buildings designed for human occupancy may be constructed below any dam within the breach floodway of the dam.

9.2.13. Construction of Streets on or Across Railroad Rights-of-Way

The subdivider is responsible for obtaining all permits and paying all costs associated with the construction of a subdivision street on or across railroad rights-of-way.

9.2.14. Alternate Design Standards

Alternate design standards for subdivision streets may be considered only in Planned Residential Developments. Each alternate design must be justified in writing by a state licensed engineer, surveyor, architect, or landscape architect.

9.3.1. Continuation of Existing Streets

All proposed streets must connect to a state or county road and have a uniform typical section for the entire length of the proposed street. Existing streets must be continued at the same cross-section as required by these regulations unless doing so would violate other regulations within this Code and for superelevation necessary for roads with a classification higher than minor.

9.3.2. Connections with Future Subdivisions

Streets must be reserved at strategic locations to provide for future access to adjoining properties which may be subdivided in the future. Each street connection must intersect property lines at a 90-degree angle through the adjacent lot if streets are reserved.

9.3.3. Street Names

Street names require the approval of the Director. Streets that are obviously in alignment with streets already in existence and already named will be given the name of the existing street. Names of new streets must not duplicate or closely approximate those of existing streets.

9.3.4. Development Along Major Street, Limited-Access Highway or Railroad Right-of-Way

Where a subdivision abuts or contains an expressway, freeway, arterial or collector street, or a railroad right-of-way, the Director of Public Works may require a street approximately parallel to and on each side of such right-of-way either as a marginal access street, or at a distance suitable for an appropriate use of intervening land, with a nonaccess reservation, suitably landscaped. Due regard must be given requirements for approach grades and future grade separations in determining distances. Lots shall have no access to expressways, freeways, or arterial streets, but only to an accessible street, in which case the Director may require double-frontage lots. Nonresidential subdivisions may have direct access to nonlimited arterial streets, as may be approved by the Director, provided all driveway and intersection spacing requirements are met according to the authority having jurisdiction over the arterial street right-of-way.

9.3.5. Reserve Strips

Reserve strips controlling the access to streets may be permitted except in situations where the Director determines that the reserve strip prohibits an adjoining property owner from having adequate and safe access to an existing county road or that the reserve strip would prevent proper design of a road system for the adjoining property. Reserve strips must be combined with a lot or lots within the subdivision.

9.3.6. Additional Width on Existing Streets

Subdivisions that abut existing county-maintained streets must dedicate additional right-of-way if needed to meet the minimum street right-of-way width requirements set forth below. Subdivisions that abut existing rights-of-way not maintained by the county are exempt from the right-of-way dedication requirement.

A.

The entire right-of-way, to include each side of the roadway, must be provided where any part of the subdivision is on both sides of the existing streets.

B.

When the subdivision is located on only one side of an existing street, one-half of the required right-of-way, measured from the centerline of the existing roadway, must be provided.

9.3.7. Street Jogs

Street jogs or centerline offsets of less than 200 feet in the horizontal alignment of streets across intersections are prohibited.

9.3.8. Angle of Intersection

Whenever feasible, streets must be laid out so as to intersect as nearly as possible to right angles. No street may intersect with any other street at an angle of less than 75 degrees or at a grade of greater than three percent. This angle and grade must be implemented for a distance of at least 50 feet, measured from the edge of pavement of the intersecting road. The angle of intersection must be measured at the intersection of street centerlines. Streets at intersections with crosswalks must not have a grade of more than two percent within the first 50 feet as measured from the edge of pavement of the intersecting street.

9.3.9. Intersection Sight Distance

This is the sight distance available to a stopped vehicle entering the intersecting roadway. Where necessary, back slopes must be flattened and horizontal or vertical curves lengthened to provide the minimum required intersection sight distance. Intersection sight distance must meet current AASHTO design standards.

Intersection sight distance for a passenger vehicle is measured assuming a driver's eye height of three and one-half feet above the roadway surface 14½ feet from the nearest edge of the travel way of the intersecting road to an object three and one-half feet above the intersecting road surface in the appropriate approach lane.

If there is no posted speed limit then the 85th percentile speed, as determined from a study performed on the street, may be used in determining the minimum required intersection sight distance.

Table 9.3.1. Passenger Vehicle Intersection Site Distance

Note: The above table is for roadways with two lanes and grades of three percent or less. If the geometric configuration differs or if the development is nonresidential, adjustment factors must be applied, as approved by the Hall County Traffic Engineer.

9.3.10. Stopping Sight Distance

This distance is the length of the roadway ahead that is visible to a driver and must be sufficient to enable an approaching vehicle traveling at or near the design speed to stop before reaching a stationary object in its path. Minimum stopping sight distance must be provided to account for vehicles waiting to turn from the existing roadway into the proposed roadway and along all portions of the proposed roadway. Stopping sight distance must meet current AASHTO design standards.

Table 9.3.2. Stopping Site Distance

Note: The above table is for level roadways and additional stopping sight distance needs to be provided for downgrades in accordance with current AASHTO design standards. In computing and measuring the stopping sight distance, the height of the driver's eye is three and one-half feet and the height of an object to be seen by the driver is two feet. If there is no posted speed limit then the 85th percentile speed may be used (see Hall County Standard Detail TE-22).

9.3.11. Property Lines at Intersections

Property lines at street intersections must be rounded with a minimum radius of 30 feet or miter of not less than 30 feet from the projected corner of the intersecting right-of-way lines. There shall be no less than 13 feet of right-of-way behind the back of curb or 16 feet behind the edge of pavement where there is no curb.

9.3.12. Temporary Dead-End Streets

Temporary dead-end streets must be provided with a temporary turnaround area which meets the construction requirements for design (sidewalks, curb and gutter not required), maintenance, and removal. If the absence of curb and gutter on a temporary cul-de-sac creates a drainage problem, the subdivider will be required to install appropriate stormwater conveyance devices with concurrence from Hall County Engineering. No lots may be subdivided off any radius of a temporary turnaround. A performance bond is required, and the cul-de-sac must either be removed and the new phase of construction final platted, or the cul-de-sac must be completed, including sidewalks, and curb and gutter, within 15 months or 75 percent buildout, whichever occurs last, from time of final platting.

9.3.13. Median Design

Median width and length proposed by the subdivider must be to county specifications. Minimum curb radius must be three feet. No median may be approved which contains less than 100 square feet inside the back of curb. Median breaks are required at intervals specified by the County Engineer.

9.3.14. Minimum Sight Clearance

Median curb must be not less than 14 feet from pavement or back of curb of an intersecting street. The median must not encroach into the right-of-way of an intersecting street.

9.3.15. Pavement Width

Pavement width at the median section must be at least 14 feet on each side of the median for residential and nonresidential streets, both with nine-foot shoulders.

9.3.16. Street Tapering Adjacent to Median

Pavement edge adjacent to median at taper must have a minimum curve of 20-foot radius.

9.3.17. Width of Right-of-Way

A.

Curbed streets. The right-of-way must be a minimum of 13 feet behind the back-of-curb, and the total width must be evenly divisible by ten feet with a variable width taper.

B.

Noncurbed streets. The right-of-way must be a minimum of 17 feet from the edge-of-pavement, and the total width must be evenly divisible by ten feet with a variable width taper.

C.

Standard cul-de-sac. The right-of-way radius must be evenly divisible by ten feet.

D.

Roundabouts. The right-of-way must extend to a minimum 80-foot radius measured from the center of the roundabout, or a minimum of 13 feet behind the back of curb, whichever is greater, and the total width must be evenly divisible by ten feet.

9.3.18. Structures Over Street

Structures over the street are not permitted unless otherwise approved by the County Board of Commissioners.

9.3.19. Planting Materials

Plants and shrubbery must be low maintenance, disease-resistant materials with branching habits such that plants do not interfere with vehicular movement. Trees planted in medians, island cul-de-sacs, and street rights-of-way must be approved by Hall County Engineering prior to installation. Hall County may remove median plantings at any time in the future if the plantings pose a traffic or safety problem.

9.3.20. Maintenance of Medians

Maintenance of any medians is the responsibility of the subdivider or a homeowners' association. The completed covenants for the subdivision and any documents establishing a property owners' association must be submitted for review. These documents must include a provision that would ensure maintenance of the median and must be recorded simultaneously with the final plat. In addition to the submission of covenants detailing the maintenance of medians, a note must be placed on the final plat indicating the party responsible for maintenance, if said responsibility is an entity other than the county. If the median ceases to be maintained for any reason, the county has the option of removing the median without notification.

9.3.21. Design Standards for Streets

A.

Design standards. The design standards for all streets are as listed in Table 9.3.3.

Table 9.3.3. Street Design Standards

Table Notes:

1. Sag vertical curves located at stop condition intersections may be as short as 65 feet with Hall County Engineering approval for the purpose of minimizing cut. The K values of crest vertical curves must meet AASHTO design criteria.

2. Nonresidential design speed is to be determined by Hall County Traffic Engineering.

3. The residential design information pertains to minor residential streets. Noncurbed streets are not permitted for multi-family developments in any zoning district.

B.

Roundabouts. Roundabout designs are acceptable, with approval from Hall County Engineering and Traffic Engineering. Sufficient data must be provided to Hall County to show that all vehicular traffic up to and including design vehicle WB-67. Hall County will also review drainage, sight distance, and other engineering aspects of the roundabout prior to permitting.

9.3.22. Utilities

A.

General Requirements

Applicants must locate all utility facilities underground throughout the subdivision unless topographical challenges necessitate aerial utilities, as approved by the Director. All existing and proposed utility easements outside of road rights-of-way must be shown on the preliminary and final plats.

B.

Location

All utilities must be located in accordance with the standard detail drawing for utility location within the right-of-way of subdivisions as shown on Plates 4, 4A, 4B, and 4C of the Hall County Standard Details and must be shown on the typical roadway section of the preliminary plans. Hall County strongly encourages the utilization of a joint trench for the power, telephone, fiber optic, and cable lines.

C.

Width of Easements Along Rear or Side Lot Lines

Utility easements for sewage lines, water lines, or other such utilities located along rear lot lines or side lot lines or passing through a lot must be at least 20 feet wide, ten feet on each lot, and more if necessary. Easements for storm sewers must be the width as indicated in Table 9.3.4.

Table 9.3.4 Easement Width for Stormwater Infrastructure

9.3.23. Streets to Connect to Publicly Maintained Road

All subdivision streets must connect to a city, state or county-maintained public road.

9.3.24. Dams

The following regulations apply to dams and streets constructed on or near dams:

A.

The county will not accept into the county road maintenance system any part of the entire street in which a section of the street crosses over a dam.

B.

No street may be designed or constructed below any dam within the breach floodway of the dam.

C.

All dam design plans must be approved by the Director of Engineering and the Department of Natural Resources in accordance with the Safe Dam Act.

9.3.25. One-Way Streets

A.

One-way streets are allowed provided the centerline length is no greater than 400 feet and curve radii are no less than 82 feet. The one-way street must be constructed as a loop road that commences and terminates on the same road.

1.

Plate 10 of the Hall County Standard Details depicts an acceptable example of a one-way loop road. Plates 1B and 4B show proper typical sections and utility locations of one-way loop roads, respectively. Other designs are acceptable with approval from Hall County Engineering and Hall County Traffic Engineering.

B.

Islands inside the perimeter of the one-way loop road may contain appropriate plantings, landscape berms, and sidewalks, provided all are shown on the preliminary subdivision plans for approval. Stormwater management facilities, such as constructed wetlands or ponds, may be located on the islands, provided the facility offers an aesthetic or recreational benefit to the community. No structures may be located on the island without prior approval by Hall County Engineering.

1.

Sanitary sewer structures may be located on the islands, provided that the sanitary sewer does not conflict with either a stormwater management facility or its required easement.

C.

The maintenance of the land inside the one-way loop road (other than stormwater management facilities that have been accepted by Hall County) is the responsibility of the subdivider, homeowner's association, or property owners.

9.3.26. Property Monuments

All property monuments along the street right-of-way shall be set with a tolerance of 1.0 foot from the constructed street center line.

9.3.27. Utility Easement Required Along Certain Streets

A five-foot perpetual utility easement must be provided on both sides of residential streets and turnarounds where the right-of-way is 50 feet per Hall County Standard Detail TE-2 through TE-4.

9.3.28. Deceleration Lanes and Left-Turn Lanes

A.

Deceleration Lanes

1.

Residential subdivisions with greater than 24 lots must have a deceleration lane constructed in accordance with current Hall County Engineering and Traffic Engineering specifications. The Hall County Traffic Engineer may waive or require the installation of a deceleration lane for subdivisions regardless of lot number based upon traffic and safety considerations.

2.

Nonresidential and multi-family subdivisions must have a deceleration lane constructed in accordance with current Hall County Engineering and Traffic Engineering specifications according to Table 9.3.5. The Hall County Traffic Engineer may waive or require the installation of a deceleration lane for subdivisions regardless of the number of right turn volume based upon traffic and safety considerations.

Table 9.3.5. Deceleration Lane Requirements for Nonresidential and Multifamily Developments

B.

Left-Turn Lanes

Left-turn lanes, where required, must be constructed in accordance with current Hall County Engineering and Traffic Engineering specifications according to Table 9.3.6.

1.

The Hall County Traffic Engineer may waive or require the installation of a left-turn lane, regardless of average daily traffic (ADT), number of lots, or left turn volume based upon traffic and safety considerations.

2.

For phased residential developments, construction of the turn lane is required prior to platting 100 lots or more.

3.

Additional right-of-way or easements necessary for the installation of deceleration or left-turn lanes will be acquired by and will be the financial responsibility of the subdivider.

4.

A signed and recorded frontage, radius encroachment agreement, or right-of-way agreement with applicable property owners will be required if any portion of the access extends beyond the development's road frontage.

Table 9.3.6. Left-Turn Lane Requirements

Table Notes:

1. LTV = Left turning vehicles entering the development during peak hours.

2. Assumptions:

a. Peak Hour Factor (K) = 10%

b. 50% of all entering traffic is turning left into the development.

3. The developer is required to provide a trip generation analysis of the traffic volume for the proposed nonresidential development. This analysis will be determined using the latest edition of Trip Generation by the Institute of Transportation Engineers.

9.4.1. Minimum Construction Standards

The subdivision regulations and mobile home and travel trailer park regulations require that all streets be built to minimum standards of material and construction. Several optional materials and types of construction may be used, as set out in this section. For the specific cross section design, see the Hall County Standard Details.

A.

Clearing and Grubbing Operations

Clearing and grubbing operations must remove all vegetative materials within the construction limits, unless otherwise noted on the construction plans.

B.

Subsurface Drainage Installations

Subsurface drainage installations may be required by the County Engineer to provide a stable subsurface and base for fills and base course construction over wet weather springs, soft spots, swamps and other unsuitable soils. The County Engineer may request the owner to have a soil analysis and drainage design performed by an engineering firm.

C.

Street Grading

Street grading must be accomplished according to Sec. 9.4.1.F. The County Engineer may vary the required slope. Cut and fills may be extended beyond the right-of-way as required. If grading activities extend beyond the right-of-way, the subdivider must obtain a slope easement or a temporary construction easement from the owner of the property being encroached upon.

D.

Drainage

Drainage must be accomplished according to Secs. 9.4.18 through 9.4.22. The minimum cross drain must be at least 15 inches in diameter.

E.

Subbase Stabilization

Subbase stabilization may be required by the County Engineer, according to Sec. 9.4.4, if necessary to allow convenient access of construction vehicles and equipment.

F.

Shaping and Backfilling of Shoulders, Ditches and Slopes

Shaping and backfilling of shoulders, ditches and slopes must be accomplished to final grade lines following the installation of underground utilities by the owner. Care must be taken to fill settled or eroded areas.

G.

Vegetative Cover

Grassing of all cleared portions of the shoulders and slopes must be accomplished immediately following the achievement of final grade lines. If limitations require the application of temporary vegetative cover, the owner must make contractual provisions for re-grassing with permanent cover. Requirements for grass species, mixture, fertilizer and application methods in each individual subdivision must be in accordance with the Soil and Water Conservation District standards for critical areas. Bermuda grass is required from May through September.

H.

Concrete Curbs and Gutters

Concrete curb and gutter is required in accordance with the designs set out in Sec. 9.4.6.

I.

Application of Base Course

The base course consisting of graded aggregate must be applied according to Sec. 9.4.4.

J.

Base Course Shaping

The base course must be shaped and compacted as set out in Sec. 9.4.4.

K.

Paving

Paving must be bituminous plant mix. Alternative paving may be utilized with approval from the County Engineer.

L.

Backfilling of Shoulders

Shoulders must be sloped and backfilled as necessary following paving and curb and gutter installation as required by the County Engineer. All curbs and gutters must be backfilled according to the design in this section. All eroded areas must be reconstructed to the original final grade.

M.

Replanting

Re-grassing is required for bare spots, areas of insufficient stand, and reconstructed areas.

N.

Street Sign Installation

Except as provided for under the provisions for custom sign poles, sign installation will be accomplished by the county. When required, sign payment by the subdivider must be made in advance.

O.

Conformance to State Standards

All materials and construction must conform to or exceed the current Georgia Department of Transportation (GDOT) specifications.

9.4.2. Cuts, Fills, and Subgrade

Cuts, fills, and subgrades are subject to the approval of the County Engineer. The County Engineer must specify any improvements which he or she feels necessary to protect community assets and to reduce the potential undue deterioration of street improvements. The subdivider will be guided by the following general requirements:

A.

Slope maximums must be at a ratio of two feet horizontal distance to one foot rise;

B.

All slopes must be adequately planted with approved vegetation. A suitable mulch of straw, hay, etc., must be used;

C.

The subdivider is responsible for any erosion that might occur until the streets are accepted into the county road maintenance system;

D.

Compaction must be 98 percent by Proctor Density Test;

E.

Trees that have one foot of fill or less on the critical root zone and are off the county right-of-way may remain until the 45-day inspection. At the time of the 45-day inspection, trees that show signs of distress will need to be removed at the discretion of Hall County Engineering. All other organic materials must be removed from cuts, fills, and subgrade.

F.

Backfill behind curbs must be free of organic material, stone, broken concrete, etc.

9.4.3. Culverts and Storm Sewers

A.

Materials

All culverts and storm sewers must be constructed of the following materials and meet Georgia Department of Transportation (GDOT) specifications. These specifications are also required of those culvert and storm sewer installations that are connected to the county storm sewer system:

1.

Reinforced concrete pipe (RCP), GDOT approved Class III or better. RCP is required in dams;

2.

Corrugated metal pipe is prohibited in applications under streets, within the county right-of-way, and in all live stream applications;

3.

High density polyethylene (HDPE) pipe, GDOT approved, class II;

4.

Other alternative culvert and storm sewer materials, such as PVC, aluminum, and bottomless designs. with approval from the County Engineer; and

5.

Storm sewer manhole covers must be locking and be engraved with the phrase "Hall County Storm Sewer." Manhole cover designs must meet County Engineer's approval.

6.

Hall County will only be responsible for the maintenance of pipes installed in accordance with numbers 1, 2, and 3 above when such materials are located inside county owned right-of-way.

B.

Pipe Sizes

All pipe sizes must be approved by the County Engineer to meet the drainage requirements of the watershed and area of the potential runoff. The minimum cross drain diameter is 18 inches. Minimum cover must be 12 inches below the bottom of pavement base section or 12 inches below the finished grade outside of pavement. The flow velocity must be no less than 2.5 feet per second for the 25-year, 24-hour design storm. The pipe slope must be no less than 0.5 percent. There must be a minimum horizontal separation of 10 feet from water and sanitary sewer pipes and a vertical separation of 18 inches from all utilities.

C.

Pipe Construction

The gauge or class of pipe used must be determined by acceptable methods using H-20 highway loading and must meet GDOT specifications. The Engineering Department may inspect the pipe before installation to ensure that it is free of cracks or damage. All damaged or used pipe will be refused.

D.

Endwalls

All culverts 24 inches in diameter or larger must have endwalls or flared end sections constructed in accordance with GDOT specifications.

E.

Catch Basins

All catch basins must be designed and constructed in accordance with GDOT specifications and must be GDOT Standard 1033D, 1034D, or 1019. The use of a Standard 1019 is excluded from turnarounds and the low point of sag vertical curves draining more than 300 feet of gutter. The use of Standards 1033D and 1034D may only apply along curbed streets. Drainage calculations and design data are required.

9.4.4. Base Course Construction

The base course must consist of graded aggregate of a minimum compacted thickness of eight inches placed on a stabilized subbase in accordance with these specifications and in conformity with the lines, grade, and typical section as shown on the drawings approved by the county.

A.

Materials

All materials shall be secured from the Georgia Department of Transportation approved sources:

1.

Graded aggregate must consist of hard, durable particles of fragments of stone, and stone mortar, and must be graded as indicated on Table 9.4.1.

Table 9.4.1. Aggregate Grade

B.

Preparation of Subgrade

All boulders, organic material, soft clay, spongy material and any other objectionable material must be removed and replaced with approved material. The subgrade must be properly shaped, rolled and uniformly compacted to conform with the lines, grades and typical sections as shown on the drawings approved by the county.

C.

Placing and Rolling Aggregate

All base course material must be deposited and spread by means of spreader boxes, or approved mechanical equipment, or from moving vehicles equipped to distribute the material in a uniform layer. Each layer may be no more than two inches in thickness after compaction and must be constructed as follows:

1.

Immediately following the spreading of the coarse aggregate, all material placed must be compacted to the full width by rolling with a smooth wheel power roller weighing seven to ten tons, or an equivalent sheepsfootpacker. Rolling must progress gradually from the sides to the center, parallel with the centerline of the street and lapping uniformly each preceding track by one-half the width of such track, and must continue until all the surface has been rolled and has been thoroughly keyed, and the interstices of the stone reduced to a minimum, and until it ceases to creep or wave ahead of the roller.

2.

Any irregularities or depressions that develop under such rolling must be corrected by loosening the material at these places and adding or removing material until the surface is smooth and uniform.

3.

After the coarse aggregate has been thoroughly keyed and set by the rolling described above, screenings in an amount that will completely fill the interstices must be applied gradually over the surface and rolling must be continued while the screenings are being spread, so that the jarring effect of the roller will cause the screenings to settle into the voids of the coarse aggregate.

4.

The screenings must not be dumped in piles on the coarse aggregate but spread in thin layers, either by spreading motion with hand shovels, by mechanical spreading or directly from trucks.

5.

In no case may the screening be applied so fast or thickly as to cake or bridge on the surface in such manner as to prevent the filling of all voids or prevent the direct bearing of the roller on the coarse aggregate.

6.

Hand brooms must be used to sweep the screenings into unfilled voids and to distribute the stone where needed. The spreading, sweeping and rolling must continue until no more screenings can be forced into the void.

7.

Shaping and rolling must be performed alternately as required to maintain a uniform compacted base until a surface or treatment has been applied to the base.

8.

Along curbs, headers and walls and at all places not accessible to the roller, the base course material must be tamped thoroughly with mechanical tampers or approved hand tampers.

D.

Seasonal Limits on Construction

No base material may be deposited or shaped when the subgrade is frozen or thawing or during unfavorable weather conditions.

9.4.5. Bituminous Plant Mix Paving

A.

Streets

The binder layer of asphalt on streets must be placed before final platting. The final topping will be placed up to one year after plat approval or at 75 percent build-out.

B.

Turn Lanes and Deceleration Lanes

Bituminous plant mix paving must consist of a minimum of one and one-quarter inch asphaltic concrete (Type II 9.5 mm Superpave) placed on top of a minimum of four-inch asphaltic concrete binder (19 mm Superpave). The binder and the topping layer of asphalt on residential turn lanes and deceleration lanes must be placed before final platting.

9.4.6. Curb and Gutter Requirements

A.

All new street construction within permitted subdivisions must have curb and gutter. For details, see the Hall County Standard Details.

B.

Existing noncurb and gutter streets that are utilized for proposed subdivisions may be required to be upgraded to a curb and gutter section at the discretion of the Hall County Board of Commissioners as conditions of zoning.

C.

Construction must be of 3,000 P.S.I. Class A concrete and 24 inches wide in accordance with the Hall County Standard Details. The curb and gutter must be constructed to present a smooth, even line both vertically and horizontally, in accordance with the GDOT standards. There must be one-half inch expansion joints placed every 50 feet and at the interface with other structures, materials, and protrusions. Preformed contraction joints must be placed every ten feet along the curb and gutter.

9.4.7. Installation of Utilities

A.

Underground utilities, including sewer services, all water lines and any cable conduits under the pavement, shall be placed in the ground before the base material is in place.

B.

All trenches shall be thoroughly compacted in six-inch layers with mechanical compacting equipment.

C.

All fire hydrants, utility poles, streetlights, transformer boxes and pedestals shall be set at a distance not less than six feet from the back of the curb.

D.

The subgrade shall be scarified to a minimum depth of six inches and compacted to at least 98 percent maximum dry density immediately prior to the placing of the base material.

9.4.8. Sidewalk Installation

The following sidewalk installation standards apply to all residential subdivisions.

A.

Subdividers are required to construct sidewalks in accordance with one of the following three subsections and in compliance with the final plat review requirements found in Sec. 9.8.

B.

Sidewalks must be constructed to the standards detailed in Sec. 8.4.3.

C.

Sidewalks are required to be installed along both sides of the street unless granted a waiver in accordance with Sec. 8.4.5.

D.

All sidewalks may be installed as a unit prior to final platting of the subdivision.

1.

Subdividers choosing this option must complete the installation of the entire sidewalk system in the subdivision prior to final plat approval. The sidewalks must be constructed as one unit.

2.

All sidewalk inspections in subdivisions choosing this option must be performed by the Hall County Engineering Division. Subdividers utilizing this option must notify the Hall County Engineering Division prior to pouring in order to allow the County Engineers to inspect formwork and subgrade, and must also notify the Hall County Engineering Division after pouring and finishing of the sidewalks to allow for re-inspection by the county if the county deems it necessary.

3.

If a subdivider utilizes this option, the following items must be clearly shown on the final plat of each such subdivision:

a.

The construction details of sidewalks as shown in Plate 3A of the Hall County Standard Details.

b.

The typical road section for residential streets with sidewalks as shown on the plates as set forth in the Hall County Standard Details. Plate 1A must be utilized for the final plat in subdivisions that will have sidewalks on both sides of the street. Plate 1C must be utilized for the final plat in subdivisions that will have sidewalks on a single side of the street.

c.

A note that reads as follow:

"This development will utilize a sidewalk system throughout the project. The sidewalk system will be installed as a unit prior to final plat approval. Said sidewalks shall comply with the Hall County Subdivision Regulations. The entire sidewalk system must be completed prior to release of any maintenance bond, prior to the release of any maintenance agreement, and prior to final platting."

E.

All sidewalks may be installed on a lot-by-lot basis after final platting based upon the following criteria.

1.

Subdividers choosing this option must construct sidewalks in concurrence with the development of each lot and pour the sidewalks in conjunction with the pouring of the driveway for each lot.

2.

If the proposed subdivision has 35 or fewer lots, subdividers choosing this option must build sidewalks on a lot-by-lot basis within two years of final plat approval, provided that within two years all sidewalks are required to be installed. Any incomplete areas of the sidewalk system must be constructed as one unit before two years expire from the final plat approval.

3.

If the proposed subdivision has more than 35 lots but less than 150 lots, subdividers choosing this option must build sidewalks on a lot-by-lot basis within three years of final plat approval or until 90 percent of platted lots have received certificates of occupancy (whichever is less), provided that within three years all sidewalks are required to be installed. Any incomplete areas of the sidewalk system must be constructed as one unit within three years of the final plat approval.

4.

If the proposed subdivision has more than 150 lots, subdividers choosing this option must build sidewalks on a lot-by-lot basis within four years of final plat approval or until 90 percent of platted lots have received certificates of occupancy (whichever is less), provided that within four years all sidewalks are required to be installed. Any incomplete areas of the sidewalk system must be constructed as one unit before four years expire from the final plat approval.

5.

Sidewalks poured on a lot-by-lot basis will be inspected by the county Building Inspection Department in conjunction with other inspections. Certificates of occupancy will not be issued for any lot until a properly constructed sidewalk is in place on that lot.

6.

The Hall County Engineering Division will perform all inspections of sidewalks poured as one unit under this option at the end of the two, three, or four-year period after final platting. Developers utilizing this option will be required to notify County Engineering prior to pouring to allow the County Engineers to inspect formwork and subgrade, and must also notify County Engineering after pouring and finishing of the sidewalks to allow for re-inspection by the county if the county deems it necessary.

7.

If a developer utilizes this option, the following items must be clearly shown on the final plat of each such subdivision:

a.

The construction details of sidewalks as shown in Plate 3A of the Hall County Standard Details.

b.

The typical road section for residential streets with sidewalks as shown on the plates as set forth in the Hall County Standard Details. Plate 1A must be utilized for the final plat in subdivisions that will have sidewalks on both sides of the street. Plate 1C must be utilized for the final plat in subdivisions that will have sidewalks on a single side of the street.

c.

A note that reads as follows:

"This development will utilize a sidewalk system throughout the project. The sidewalks will be installed on a lot-by-lot basis. Therefore, property owners of parcels shown on this plat are required to construct sidewalks along the road frontage of their property. Said sidewalks shall comply with the Hall County Subdivision Regulations. The entire sidewalk system must be completed prior to release of the maintenance bond, prior to the release of any maintenance agreement, and prior to the elapsing of the number of years required for the completion of the sidewalk system under Hall County Unified Development Code Sec. 9.4.8.E. based upon the number of lots in the subdivision."

F.

All sidewalks may be installed as a unit within two years after final platting based upon the following criteria.

1.

Upon the elapsing of two years after final platting the entire sidewalk system must be constructed as one unit.

2.

All sidewalk inspections in subdivisions choosing this option will be performed by the Hall County Engineering Division. Subdividers utilizing this option will be required to notify the Hall County Engineering Division prior to pouring in order to allow the county's engineers to inspect formwork and subgrade, and shall also notify the Hall County Engineering Division after pouring and finishing of the sidewalks to allow for re-inspection by the county if the county deems it necessary.

3.

If a subdivider utilizes this option, the following items must be clearly shown on the final plat of each such subdivision:

a.

The construction details of sidewalks as shown in Plate 3A of the Hall County Standard Details.

b.

The typical road section for residential streets with sidewalks as shown on the plates as set forth in the Hall County Standard Details. Plate 1A must be utilized for the final plat in subdivisions that will have sidewalks on both sides of the street. Plate 1C must be utilized for the final plat in subdivisions that will have sidewalks on a single side of the street.

c.

A note that reads as follow:

"This development will utilize a sidewalk system throughout the project. The sidewalk system will be installed within two years after final plat approval. Said sidewalks shall comply with the Hall County Subdivision Regulations. The entire sidewalk system must be completed prior to release of the maintenance bond, prior to the release of any maintenance agreement, and prior to the elapsing of two years after final platting."

9.4.9. Sidewalk Construction Requirements

In addition to the requirements of Sec. 8.4, the following sidewalk construction requirements apply to all in new residential subdivisions:

A.

The preliminary engineering plans for sidewalk subdivisions must depict the necessary cross-section, shoulder width, and right-of-way to accommodate the sidewalks.

B.

For sidewalk installation after final platting, the subdivider is responsible for ensuring that driveways and yards have the necessary slope to accommodate the approved sidewalk cross-section. Driveways poured incorrectly will need to be demolished and reconstructed. Yards that have been graded as to not permit the proper construction of the sidewalk cross-section must be regraded.

C.

Upon receiving the 45-day punch-list letter, the subdivider is required to complete the construction of the sidewalks and correct any problems with the sidewalks as noted within said notice letter.

D.

The sidewalk system must be completed prior to release of performance bond.

E.

All sidewalks must comply with the Americans with Disabilities Act and the Georgia Accessibility Code.

F.

Once sidewalks are started in a development, sidewalks must be continued throughout the development.

G.

Sidewalks may be constructed on one or both sides of the street.

H.

When new sidewalks are placed next to existing sidewalks, a smooth transition is required.

I.

Expansion joints must be placed between existing and new sidewalks.

J.

Sidewalks may not be used as part of the driveway.

K.

Disturbed areas resulting from sidewalk construction must be back-filled, grassed, and mulched.

L.

Overhead obstructions must be removed prior to completion of sidewalk construction.

M.

ADA compliant ramps must be installed by the subdivider during curb and gutter installation prior to final plat approval.

N.

For specific construction requirements and utility locations for streets with sidewalks please see the plates as set forth in the Hall County Standard Details.

9.5.1. Water Systems

Water systems in subdivisions must meet the following requirements.

A.

Public Water Systems

All water systems must be designed and built in accordance with the rules and regulations of the territory service provider.

B.

Single-Family Residential Subdivision Water Systems

1.

All main lines of a community system must be a minimum of 8 inches in diameter. Individual connection must be made to each lot, and pipe sizes for service lines may be no less than three-fourths of an inch in diameter.

2.

Systems constructed in subdivisions must have an average pressure of 30 pounds per square inch at each lot and must meet the requirements of Table 9.5.1, Sec. 9.5.2, and the "Standard Construction Practices for Water and Wastewater Systems, Hall County, Georgia."

3.

The system must be designed by an engineer licensed in the State of Georgia.

Table 9.5.1. Instantaneous Water Demands for Single-family Residential Subdivision Water Systems

Source: Ameen, Joseph S., Community Water Systems Source Book, p. 50, Technical Proceeding, High Point, N.C., 1965.

9.5.2. Fire Hydrants and Valves

Fire hydrants are required for all subdivisions with water systems. Fire hydrants within residential developments must be located no more than 450 feet apart and at least six feet behind the curb or ditch line. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves and all other water supply improvements, must be installed before any base course application of a street shown on the subdivision plat. All fire hydrants must be set plumb with outlets 18 inches above finished grade or 12 inches above a finished concrete surface. No valves may be located within the pavement or curb area.

9.5.3. Sanitary Sewer Systems

Sanitary sewer systems in subdivisions must meet the following requirements.

A.

Public Sanitary Sewer Systems

Sanitary sewer systems must be designed in accordance with the "Development Guidelines for Sanitary Sewer Systems Hall County Public Works and Utilities Department," latest edition.

B.

Community Sanitary Sewer Systems

1.

Community sanitary sewer systems must be designed in accordance with the county "Standard Construction Practices for Water and Wastewater Systems" manual and approved by the County Engineer prior to obtaining approval from the Department of Natural Resources.

2.

All connections to residences, mobile homes and commercial and industrial buildings must be approved by the county health department. The home of the resident manager, recreational facilities (such as a clubhouse, swimming pool, etc.) and sanitary facilities in recreational developments must be approved by the county health department. No connection may be made to any structure other than those listed above without prior approval of the county health department.

3.

Any sanitary sewer system must be designed by an engineer licensed in the State of Georgia.

9.5.4. Water and Sanitary Sewer System Design Approval

All water and sanitary sewer system design plans must be approved by the Georgia Department of Public Health. A letter of approval from the Department of Public Health must be submitted with the final plat. The County Engineer is responsible for approving the construction of all systems. No part of this section may be construed to abrogate any existing law or regulation of the Georgia Department of Public Health or of the county health department. In cases of conflict, the stricter rule or regulation applies.

9.6.1. Special Tax District for Street Light Program

A.

Ratification of existing district

The governing authority of Hall County, Georgia, does hereby ratify its action creating a special taxing district for the installation (if applicable), operation, maintenance, and repair of street lights and for collection of fees. The taxing district incorporates all of unincorporated Hall County, as shown by the records in the office of the Hall County Traffic Engineer, to which reference is hereby made for a full and complete description of the district created.

B.

Existing subdivisions that currently have street lights and are in an individual special taxing district

All subdivisions currently in an individual special taxing district must be included in the countywide special tax district for street light operation, maintenance, and repair. The Hall County Traffic Engineer may determine the appropriate boundaries of the designated area to be included within the street light special taxing district.

C.

Addition to the special taxing district for operation, maintenance, and repair of street lights in subdivisions

All applicable subdivisions are added to the special tax district for street light operation, maintenance, and repair. The Hall County Traffic Engineer may determine the appropriate boundaries of the designated area of the street light special taxing district. Notwithstanding, the subdivider(s) or property owner(s) may petition the Hall County Traffic Engineer to be excluded from the special taxing district. This petition must be presented prior to or concurrently with the final platting of the subdivision.

D.

Petition for addition to the special taxing district for existing or desired street lights in subdivisions

Any lot owner in an unincorporated area of Hall County may present a request to be added to the special taxing district to the Hall County Traffic Engineer. Upon receipt of the request, the Hall County Traffic Engineer must determine the appropriate boundaries for addition to the street light special taxing district that will serve the lot owner presenting the request and neighboring lot owners. The Hall County Traffic Engineer must then prepare a plat showing this area for addition to the street light special taxing district, and a petition for the addition to the special taxing district must then be circulated among the lot owners in the proposed district. The completed petition must be returned to the Hall County Traffic Engineer, and application fees must be paid at that time. If 51 percent of the lot owners in the proposed district sign the petition in affirmation for the addition to the street light special taxing district for existing street lights, the petition must be presented to the Board of Commissioners. If 75 percent of the lot owners in the proposed district sign the petition in affirmation for the addition to the street light special taxing district for new street lights, the petition must be presented to the Board of Commissioners. The Board of Commissioners shall conduct a public hearing for the purpose of determining whether to add the proposed area to the street light special taxing district. Safety and economic factors must be the prime consideration in making such determination. The public hearings must be advertised one time in the official organ of Hall County, Georgia, giving notice of the hearing, at least 30 days before the public hearing. The Hall County Traffic Engineer will verify the signatures on the petition prior to advertising the public hearing.

E.

Addition to district under special conditions

In areas where special conditions as to safety, security, land topography, economic and other factors may be involved, the Board of Commissioners may make additions to the special taxing district for street lights and provide for special street lighting under such terms and conditions as may be determined by the Board of Commissioners, any other provisions of this section to the contrary notwithstanding; provided, however, that in such instances, a public hearing must be held by the Board of Commissioners after advertisement in the official organ of the county one time at least 30 days before conducting such public hearing.

F.

Removal from the special taxing district

Any lot owner in an unincorporated area of Hall County may present a request to be removed from the special taxing district to the Hall County Traffic Engineer. Upon receipt of the request, the Hall County Traffic Engineer must determine the appropriate boundaries for removal from the street light special taxing district. The Hall County Traffic Engineer must then prepare a plat showing this area for removal from the street light special taxing district, and a petition for the removal from the special taxing district must then be circulated among the lot owners in the affected area. The completed petition must be returned to the Hall County Traffic Engineer. If 75 percent of the lot owners in the proposed district sign the petition in affirmation for removal from the street light special taxing district, the petition must be presented to the Board of Commissioners. The Board of Commissioners must conduct a public hearing for the purpose of determining whether or not to remove the area from the street light special taxing district. The public hearing must be advertised one time in the official organ of Hall County, Georgia, giving notice of the hearing, at least 30 days before the public hearing. The Hall County Traffic Engineer will verify the signatures on the petition prior to advertising the public hearings.

9.6.2. Costs and Fees

A.

The cost of providing and maintaining street light service in the existing street light district, and in the areas hereinafter designated as a part of the street light district, will be borne by the residents, lot owners, and property owners receiving that service. The charge therefore will be a one-time application fee plus a pro-rata share of service costs charged to Hall County plus the retirement of any construction cost plus an annual fee for administrative costs. The application fee charged is established in the Hall County Plan Review and Inspection Fee Schedule. From time to time, upon the recommendation of the County Engineer, and approval of the Board of Commissioners, said schedule may be revised as deemed necessary. In the event of excessive vandalism to street lights within the district which results in Hall County being billed for repairs, Hall County may prorate those repair bills and add a pro-rata share of those bills to the charge.

B.

In those districts in existence upon the effective date hereof, or which may hereafter be created in which there are construction costs, the same may be retired as per agreement or contract with the public utility or other person to whom the indebtedness is owed and will be billed accordingly per "tax lot or parcel."

C.

In areas zoned for purposes other than single-family residential, different criteria may be adopted by the Board of Commissioners for the payment of energy costs, application and administrative fees, and retirement of construction costs.

D.

The due date for the payment of street lighting assessment charges must be the same date of each year as tax bills are due to the Hall County Tax Commissioner. Failure to pay may subject the responsible party to the same liens and penalties provided for failure to pay other real estate taxes and will result in the delinquency of the entire account and not be deemed paid until all real estate taxes are paid in full.

E.

The billing, accounting, collecting, and receiving of the moneys herein provided for is hereby declared to be the responsibility of the finance and Hall County Tax Commissioners.

9.6.3. Conformance by Subdivider; Acceptance of Public Ways

A.

The owner, subdivider, or other person developing a subdivision will be required to conform to all the standards herein.

B.

The Hall County Board of Commissioners may not accept any public streets or roads proposed to be dedicated until such time as the provisions of this UDC have been met.

9.6.4. Procedures for Subdivisions

Street lights are required to be provided by the subdivider of all new subdivisions involving new streets, unless waived by the Hall County Traffic Engineer. Unless waived, the subdivider must, at the time of submission of the preliminary plat of the subdivision, present a street light layout prepared by the utility company which will provide the street light service in the subdivision. At the time of and as a requirement of the submission of the final plat, unless granted a waiver as herein provided, the developer must:

A.

Submit a final street light layout approved by the utility company which will provide the lighting service showing exact location of street lights within the subdivision. This drawing must be approved by the Hall County Traffic Engineer prior to obtaining any building permit within that subdivision. Said layout may be shown on the final plat. Fixtures and standards/poles installed or used must be approved by both the utility company responsible for the maintenance of the facilities and Hall County. The fixtures must be mounted at least 16 feet above the ground and must be appropriately designed to place the majority of the light output over the street. One light must be located at each street intersection, and one light must be located in each cul-de-sac within the subdivision.

B.

Pay all costs for standards/poles, fixtures, and any other related items or materials necessary for the installation.

C.

Submit proof of payment for complete installation to the Hall County Traffic Engineer.

D.

Submit a copy of an executed agreement with the utility company for complete maintenance of all installations.

9.6.5. Subdivisions with Underground Electric

In subdivisions utilizing underground cable for electrical service, the subdivider is required to accomplish the same items listed in Sec. 9.6.4.

9.6.6. Lighting in Districts Other than Single-Family Residential

A.

Street lighting in districts other than single-family residential may be permitted as follows:

1.

With the approval of the Hall County Traffic Engineer subject to the safety, economic and other factors involved; and

2.

Upon final approval by the Board of Commissioners of Hall County; and

3.

Upon compliance with the standards this UDC.

9.6.7. Installation and Operation Standards

In order to ensure adequate illumination of public rights-of-way and promote safety and security, the "American National Standard Practice for Design and Maintenance of Roadway and Parking Facility Lighting," by the Illuminating Engineering Society, as approved by the American National Standards Institute in 2019, as amended, is hereby adopted as the standard for the installation and operation of lighting in the unincorporated areas of Hall County, and in addition thereto:

A.

Lighting fixtures installed within the public rights-of-way to be operated for the purpose of street illumination must comply with these standards. The minimum average horizontal footcandle illumination level by roadway classification is as listed in Table 9.6.1.

Table 9.6.1. Horizontal Footcandle Illumination Level

B.

The uniformity of illumination must be such that the point of lowest illumination will have at least one-third of the average horizontal footcandle required illumination level, except that on local or residential streets it may not be less than one-sixth of this average. In no case, unless extenuating circumstances exist, may fixtures for residential street lighting be required to be closer than 150 feet together, nor fixtures for all other roadways be closer than 100-foot spacing.

C.

Any party requesting permission to install or operate lighting fixtures within public rights-of-way must furnish plans and specifications to the Hall County Traffic Engineer for approval showing how the proposed lighting meets the standards, and no lighting may be installed or operated without this approval. Should the Hall County Traffic Engineer disapprove the request to install or operate lighting fixtures within any public right-of-way, they must communicate the disapproval in writing to the party requesting approval. The written communication must include the specific reasons for disapproval. Any disapproval of a light or lighting system by the Hall County Traffic Engineer may be appealed to the Board of Commissioners. If any party desires to appeal an adverse decision by the Hall County Traffic Engineer within 30 days from the date following the written notice of disapproval, it will be the responsibility of the Hall County Traffic Engineer to provide to the Board of Commissioners all papers and allied documents constituting the record upon which the action appealed from was taken, and to ensure that the appeal is promptly placed upon the agenda of the Board of Commissioners for its determination. The Board of Commissioners may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed.

D.

Roadway or street lighting luminaries or fixtures installed within the public rights-of-way as "security lights" or for the purpose of lighting areas other than the public streets must be mounted on the side of the pole opposite from the street, and must be oriented in such a manner to ensure that the lateral light distribution pattern is parallel to the street and the vertical light distribution, at the initial light source, is perpendicular to the street, so as to protect the users of the street from objectionable glare.

E.

Other lighting fixtures to be installed within or outside of public rights-of-way for whatever purpose must be installed and operated in such a manner to prevent glare from being a hazard to or interfering with the normal use of the public rights-of-way.

9.6.8. Authority to Contract with Public Utilities

The Board of Commissioners may contract with public utilities for the purpose of carrying out the terms of this section.

9.6.9. Exceptions

The Board of Commissioners may grant exceptions to the terms of this section where special conditions or hardships exist.

9.6.10. Conflict with Federal or State Laws

If any provision of this section is in conflict with any state or federal law, or with any rule, regulation or order of any state or federal agency having jurisdiction of the subject matter of this section, it is hereby deemed to be the intention of the Board of Commissioners that the state or federal laws or rule, regulation or order, as the case may be, prevail so that the remaining portions of this section maybe deemed to be in full force and effect.

9.6.11. Right of Appeal

Any person or agency dissatisfied with any decision or action of the Hall County Traffic Engineer has the right to appeal the decision to the Board of Commissioners of Hall County within 30 days from the date of such decision or action.

9.6.12. Availability of Provisions

A copy of this section must be spread upon the official minutes of the Board of Commissioners of Hall County, Georgia, and the Hall County Traffic Engineer is hereby required to post a copy of the same in the office of the Hall County Traffic Engineer, and to provide copies thereof for persons desiring the same.

9.7.1. Preliminary Plat Approval

No improvements may be made before the construction plans are accepted and approved by the Hall County in the form of a preliminary plat. All improvements must meet the minimum standards set forth in this article.

9.7.2. Street Improvements Standards

A.

Specific standards for street construction are contained in Sec. 9.4.

B.

On-Site Inspection. All construction may be tested following on-site inspection as determined necessary by the County Engineer, should the County Engineer determine that laboratory analysis and/or testing procedures are required to evaluate the quality and/or quantity of a particular improvement. The County Engineer may be authorized to employ a recognized consultant or a recognized testing laboratory or testing service to conduct any necessary examinations. All reports must be made in writing to the County Engineer and a copy provided to the subdivider. Following the collection of samples, the owner must repair all damage.

C.

Inspection Costs. The subdivider will bear all expense of all testing or examination of street improvements.

9.7.3. Delay of Installation of Paving

Paving must be completed under one of the following two options:

A.

Application of the bituminous plant mix surface may be completed before the filing of a final plat.

B.

Application of the bituminous plant mix surface may be delayed because of unsuitable weather until no later than June 1 of the year following the filing of the final plat if the final plat is submitted for approval after October 1 of the first year; provided that all other required improvements, including grassing, must be completed prior to approval of the final plat. In such case, the subdivider must present to the County Engineer an improvement guarantee in the form of a signed contract with a known contractor for paving and a surety or escrow agreement payable to the county for the cost of the paving, not less in amount than the average county contract price for the paving established by the Georgia Department of Transportation or the contract price, whichever is greater. The County Engineer may approve the amount and may increase the amount for increases due to normal inflation. The County Engineer may require that paving be completed at the first instance of suitable weather and availability of paving materials.

9.7.4. Water and Sewer Improvements

A.

Completion. All work on water and sanitary sewer systems except final individual service connections must be completed prior to the filing of the final plat. All installations under the proposed pavement surface must be completed prior to the application of the base course.

B.

Certification for Community Systems. Certification from the Department of Natural Resources, State of Georgia, in the form of an operator's permit, must be filed with the final plat for each community water or sanitary sewer system.

9.7.5. Notification of Utility Owners Prior to Completion of Street Grading

All utility service must be determined by the subdivider prior to the completion of street grading. The subdivider must notify each affected utility owner of his or her contracted agreement so that the utility owners may coordinate their development schedules.

9.7.6. Lot Specifications

All lots shall conform to the provisions of the Hall County Unified Development Code, specifically those provisions governing minimum area, frontage, and setbacks. The lot arrangement must be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with county regulations and in providing driveway access to buildings on such lots from an approved street.

A.

Lot Dimensions

Lot dimensions must comply with the minimum standards of this Unified Development Code. In addition, the following standards apply:

1.

All lots approved under these regulations must front on a publicly dedicated road.

2.

Where lots are more than double the minimum required area for the zoning district, the county may require that such lots be arranged to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with these regulations.

3.

In general, side lot lines must be at right angles to street lines or radial to curving street lines unless a variation from this rule gives a better street or lot plan.

4.

Dimensions of corner lots must be large enough to allow for construction of buildings, observing the minimum front-yard setback from both streets.

5.

Depth and width of properties reserved or laid out for business, commercial, or industrial purposes must be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in Sec. 8.1.

B.

Flag Lots

The minimum required lot frontage as established by this Unified Development Code must be maintained as the minimum lot width for that portion of the lot between the front property line and the actual building site on the lot, even if the building site is a greater distance from the front property line than the minimum required front setback.

C.

Double-Frontage Lots

Double-frontage lots are prohibited except where necessary to provide separation of residential development from arterial thoroughfares or to overcome specific disadvantages of topography and orientation. Double-frontage lots which are necessary must have a no-access easement across them, preventing access to arterial or collector streets.

9.7.7. Burying Debris and Waste Under Roadway or Right-of-Way

No cut trees, timbers, debris, rocks, stones, junk, rubbish, or other waste materials of any kind may be buried in any area of the right-of-way or under any roadway fill sections.

9.7.8. Preservation of Natural Features, Historic Sites and Other Amenities

Existing features which would add value to a development or to the county as a whole, such as watercourses and falls, historic sites, and similar irreplaceable assets, must be preserved in the design of the subdivision. If eligible, historic sites must be listed on the National Historic Register.

9.7.9. Nonresidential Subdivisions and Planned Developments

A.

If a proposed subdivision includes land that is zoned for commercial or industrial purposes or is a planned development, the layout of the subdivision must conform to these regulations.

B.

A nonresidential subdivision or planned development may also be subject to all the requirements of site plan approval set forth in Sec. 11.2.5. Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the discretion of the Board of Commissioners. A nonresidential subdivision is subject to all the requirements of these regulations, as well as such additional standards required by the Board of Commissioners and must conform to the standards established in Sec. 11.2.5.

C.

Specific Standards

In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant must demonstrate to the satisfaction of the Board of Commissioners that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards must be observed:

1.

A preliminary plat of a planned development must conform in all respects with the approved master development plan for the project and any conditions associated with the planned development zoning.

2.

Proposed industrial parcels must be suitable in area and dimensions to the types of industrial development anticipated.

3.

Street rights-of-way and pavement must be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.

4.

Special requirements may be imposed by the county with respect to street, curb, gutter, and sidewalk design and construction.

5.

Special requirements may be imposed by the county with respect to the installation of public utilities, including water, sanitary sewer, and stormwater drainage.

6.

Every effort must be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip as established in Sec. 8.2.

7.

Streets carrying nonresidential traffic, especially truck traffic, may not normally be extended to the boundaries of adjacent existing or potential residential areas. The extension of streets must be approved at the discretion of the Board of Commissioners.

9.8.1. Prerequisites for Beginning Construction

No construction activity of any kind, including grading, installation of improvements, or building, may begin on any land subject to these regulations without prior approval of the preliminary plat or construction plans. Also, a preconstruction meeting is required between the county and the subdivider after preliminary plat or construction plan approval and prior to any construction activity.

9.8.2. Grading

Grading or land disturbing activities may commence only after the NPDES Construction Storm Water General Permit is approved.

9.8.3. Utilities

Utility installation may not occur until the Engineering Department has approved the rough grade of the street and shoulder preparation in accordance with Sec. 11.2.5.

9.8.4. Inspections

Periodic inspection during the installation of the required improvements in a subdivision may be made by the Engineering Department to ensure conformity with the approved plans and specifications. The subdivider must notify the Engineering Department when each phase of the installation is completed and ready for inspection (see Sec. 11.2.5).

9.8.5. Recording of Final Plat Required Prior to Sale or Transfer of Lots

No lot or parcel of land may be sold or transferred until the final plat, of which said lot or parcel is a part, has been approved and recorded as provided for in these regulations.

9.8.6. Recording of Final Plat Required Prior to Issuance of Building Permits

The county building inspection department may not issue any permit for the construction of any building or structure located in any subdivision until a plat has been approved and recorded as provided for in these regulations.

9.8.7. Completion of Improvements Required Prior to Occupancy

Within each phase of development, no building may be occupied for dwelling or other purposes, nor may an occupancy permit be issued for any building, until all streets and required utility installations, including the water supply and sanitary sewer systems, have been completed to the satisfaction of the County Engineer and the county Building Inspection Department.

9.9.1. Purpose

The purpose of this section is to allow a duly constituted maintaining authority the privilege to install and maintain custom support traffic sign assemblies within the maintaining authority's designated subdivision. Permission must be granted by the Hall County Public Works and Utilities Department.

9.9.2. Designation of Maintaining Authority

During residential subdivision construction and prior to the legal formation of a homeowners association, the subdivider will be the maintaining authority.

9.9.3. Responsibilities of Maintaining Authority

The maintaining authority will assume all costs associated with the installation and maintenance of custom support traffic sign assemblies within the maintaining authority's jurisdiction.

9.9.4. Liability

The maintaining authority willfully accepts any and all liability that may arise from the use of custom support traffic sign assemblies. The maintaining authority also agrees to hold harmless Hall County, Hall County Public Works and Utilities Department, and duly authorized representatives from any and all liability that may be incurred from the use of custom traffic sign assemblies.

9.9.5. Regulations for the Installation of Custom Support Traffic Sign Assemblies

A.

The restrictive covenants of the development must express the maintaining authority's responsibilities associated with the installation and maintenance of custom support traffic sign assemblies.

B.

The final plat of the subdivision must contain a provision signed by the subdivider which notifies all property owners of their responsibility for the installation and maintenance of custom support traffic sign assemblies.

C.

Street name signs must utilize the standard vane height of 6 ¾ inches and be of fixed length with a maximum of 48 inches. Street name signs may be installed on top of the appropriate intersection traffic control signage. The 3/8 inch white reflective stripe on top and on bottom must remain visible.

D.

Sign poles or posts must be of "breakaway" or other design which meets the requirements of Section 7 of the American Association of State Highway and Transportation Officials (AASHTO), "Standard Specifications for Structural Supports Highway Signs, Luminaries, and Traffic Signals." A list of supports which meet these standards can be obtained by contacting the Atlanta office of the Federal Highway Administration. It is the responsibility of the maintaining authority to provide documentation to the Hall County Public Works and Utilities Department of the Federal Highway Administration's approval of the proposed signage supports.

E.

A detailed plan for each sign assembly depicting typical installation, pole or post type, sign type and size, and FHWA approval must be provided to and approved by the Hall County Public Works and Utilities Department, Traffic Engineering Division, prior to installation.

F.

All signs must meet the requirements outlined for construction and installation in the current edition of the Manual on Uniform Traffic Control Devices.

G.

Prior to the installation of any signage assemblies, the locations must be marked by the maintaining authority and reviewed by the Hall County Public Works and Utilities, Traffic Engineering Division. Failure to have locations reviewed may result in signage relocation at the maintaining authority's expense.

9.9.6. Regulations for the Maintenance of Custom Support Traffic Sign Assemblies

A.

The maintaining authority understands that periodically signs are damaged, vandalized, stolen, or deteriorate. The following maintenance schedule must be followed:

1.

Stop signs must be replaced within one day.

2.

Other regulatory signs and warning signs must be replaced within one week.

3.

All other signs must be replaced within three weeks.

B.

It is recommended by the Hall County Public Works and Utilities Department, Traffic Engineering Division, that the maintaining authority stock a supply of all utilized signs, especially "Stop" signs, and poles or posts to facilitate timely maintenance.

9.9.7. Inspections

Hall County will make periodic inspections for substandard signage assemblies. If found, the maintaining authority will be notified. If the maintaining authority fails to replace the defective signs or supports within the time constraints outlined in Sec. 9.9.6.A., Hall County will install county standard sign assemblies and bill the maintaining authority for materials and labor.

9.9.8. Failure to Adequately Maintain the Signage Assemblies

If the maintaining authority fails to adequately maintain the signage assemblies within its jurisdiction, Hall County may revoke the permit and assume maintenance of all affected signage. Once the permit has been revoked and Hall County has assumed maintenance, all custom support signage assemblies will be removed and replaced with standard signage assemblies. The cost for this process will be assessed to the maintaining authority.

9.9.9. Request to Relinquish Maintenance of Custom Supports and Signage Assemblies

If the maintaining authority wishes to relinquish maintenance of custom supports and signage assemblies, a written request with a petition signed by 70 percent of the maintaining authority's membership shall be provided to the Director of the Hall County Public Works and Utilities Department. The request will be evaluated and along with a recommendation forwarded to the Hall County Board of Commissioners for consideration. If approved, Hall County will remove all custom signage support assemblies and install Hall County standard signage assemblies. The cost for this process will be assessed to the maintaining authority.

9.9.10. Authorization to Remove Signage

Any signage that has been installed by Hall County may not be removed and/or replaced by the maintaining authority without authorization from the Hall County Traffic Engineer.

9.9.11. Responsible Government Agencies

The responsible government agencies and their locations are as follows:

A.

Hall County Public Works and Utilities Department

Attn. Director
P.O. Box 1435
Gainesville, GA 30503

B.

Hall County Public Works and Utilities Department

Traffic Engineering Division
Attn. Traffic Engineer
P.O. Box 1435
Gainesville, GA 30503

C.

Physical Address for the Public Works and Utilities Department:

2875 Browns Bridge Road, 3rd Floor
Gainesville, GA 30504

9.10.1. Permitted Modifications

Where the Board of Commissioners finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may recommend modifications to these subdivision regulations so that substantial justice may be done and the public interest secured. The modification(s) will not have the effect of nullifying the intent and purpose of these regulations. The Board of Commissioners may not recommend modifications unless based upon the evidence presented to it in each specific case that:

A.

The granting of the modification will not be detrimental to the public safety, health, or welfare or injurious to other property;

B.

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

C.

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out;

D.

The modifications will not in any manner vary the provisions of the zoning regulations.

9.10.2. Approval with Conditions

In approving modifications, the Board of Commissioners may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.

9.10.3. Petition for Modification

A petition for any such modification must be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Board of Commissioners. The petition must state fully the grounds for the application and all the facts relied upon by the petitioner and be accompanied by a plat or plan showing the proposed modification.

9.10.4. Review by Planning and Zoning Director

The Planning and Zoning Director must review the proposed modification and may request the review of any applicable agency.

9.10.5. Action by Board of Commissioners

The Board of Commissioners must act upon the application in regular meeting, must enter its action into its records and must notify the applicant in writing.