12.00.01.

Purpose. This ULDC sets forth the procedures for receiving, reviewing, and rendering decisions on applications for subdivisions, multifamily and nonresidential development, mixed use development, planned developments, rezoning, and all permits. This ULDC also sets forth the requirements for appealing decisions, and for enforcement. It is the county's intent that the procedures and requirements set forth in this ULDC shall be followed in order to seek approval for any development.

12.00.02.

Approvals required.

A.

No person shall conduct any development activity within the jurisdictional boundaries of Henry County without first obtaining an approved subdivision plat, development plan, construction plans, and permits to perform such activities. However, a parcel, as shown on the most recent Henry County Tax Map, may be split into five (5) lots within a five-year period and shall not require a development plan.

B.

Permits shall be issued only for development on platted and recorded lots.

1.

No permits shall be issued on lots described by metes and bounds.

2.

All development activities or site work conducted after approval of a subdivision plat or development plan shall conform to the specifications of the approved plans.

C.

Major changes to an approved plan, as defined below, shall require specific approval of an amended plan.

1.

Altering the amount and velocity of stormwater runoff from the site;

2.

Increasing the amount of impervious surface within the development;

3.

Altering the overall density of development;

4.

Substantially increasing the amount of excavation, fill, or removal of vegetation during construction; or

5.

Otherwise altering the overall appearance of the development as proposed as determined by the administrator.

D.

The following situations are exempt from the requirement to obtain an approved development plan prior to the issuance of required permits:

1.

Repairs to a facility that is part of a previously approved and permitted development.

2.

Accessory structures, provided applicable permits are obtained.

12.00.03.

Expiration of approvals.

A.

Amendment of the official zoning map (rezoning).

1.

After an approval has been granted for an amendment to the official zoning map to create or extend any zoning district, the applicant, agent or property owner has eighteen (18) months in which to make substantial progress in developing the property.

2.

Substantial progress shall mean the point of construction at which time the first inspection is carried out.

3.

If no substantial construction or alteration of the property or other affirmative action to develop the property has occurred within eighteen (18) months of the granting of an application for rezoning, the zoning advisory board may review the situation and report its findings with recommendations to the board of commissioners who may, at a public hearing, change the zoning category to its prior or other appropriate zoning district classification.

B.

Development permits.

1.

If construction described in a development permit has not commenced within twelve (12) months from the date of issuance, the permit shall expire. However, the permit may be extended for an additional twelve (12) months, upon payment of the permit fee for such extension.

2.

If construction described in the development permit is suspended after work has commenced, the permit shall expire twelve (12) months after the date the work ceased. In cases of permit expiration due to abandonment or suspension of work, the landowner shall be required to restore topography to its original contours and restore vegetation as determined by the administrator.

12.00.04.

Fees required. All fee amounts are determined and adjusted periodically by the board of commissioners. All applications shall be accompanied by payment of application fees, as set forth in each department's fee schedule.

12.00.05.

Procedures for conducting public hearings. In compliance with O.C.G.A. § 36-66-5 the following rules of procedure shall govern public hearings before the zoning advisory board and the board of commissioners:

A.

Each person speaking before the board or commissioners, shall identify himself/herself by name, address, and whether or not applicant is owner or agent for owner.

B.

Each applicant or other interested party who submits documents at the hearing shall have each document numbered and shall identify each document. Each document submitted shall be made a part of the official record of the hearing.

C.

Time periods for testimony:

1.

Each applicant shall have ten (10) minutes to present data, evidence, and opinions pertinent to the application. A portion of this time period may be saved for rebuttal.

2.

Persons in opposition to rezoning of property and amendment to the zoning ordinance shall have a total of ten (10) minutes to address the board. Each person shall provide the administrator with his/her name and address.

3.

Additional time may be granted equally to the applicant and opponents at the discretion of the chairman of the board.

D.

At the conclusion of a hearing by the zoning advisory board, the board shall announce its decision or recommendation, as required, and direct the administrator to notify the applicant in writing of such decision or recommendation. The notification shall be made a part of the record on the date that the written notification is given to the applicant.

E.

At the conclusion of a hearing by the board of commissioners, the board may:

1.

Approve the application.

2.

Approve the application with conditions.

3.

Disapprove the application.

4.

The board of commissioners may continue or postpone their deliberations to a date certain to render their decision.

5.

The board may remand to the zoning advisory board for additional review and consideration in a duly advertised public hearing.

The board shall announce its decision and direct the administrator to notify the applicant in writing of the board's decision. The written notification shall immediately be entered on the minutes and made a part of the record on the date that written notification is given to the applicant.

12.00.06.

Requirements for developments of regional impact.

A.

A proposed development that meets or exceeds the thresholds established by the Georgia DCA, ARC, and GRTA for a Development of Regional Impact (DRI) shall be reviewed according to the procedures in Chapter 110-12-3, Rules of the Department of Community Affairs (DCA).

B.

When a development meeting the threshold standards established by the DCA, ARC, and GRTA is proposed, the county shall not take action (including actions by the administrator, zoning advisory board, or board of commissioners) on the development until the DRI review process is completed.

C.

Upon receipt of a request for action related to a project that meets or exceeds the thresholds established for that development category, the local government may request that the applicant submit additional information about the project, using forms available from DCA.

D.

Upon determination that the proposed development is not a DRI, the county may continue with review and decision-making procedures set forth in this ULDC.

E.

Upon conclusion of the DRI review, the county may continue with review and decision-making procedures as set forth in this ULDC.

1.

The county is encouraged to include the public finding and comments regarding the proposed DRI project in considering actions on the application for project approval.

2.

Where the project received a negative public finding and the county approves the project, the county shall notify the DCA, indicating any conditions that have been placed on the project to mitigate the negative finding.

3.

The planning and zoning department shall submit applications for DRI review to the DCA.

(Ord. No. 22-03, § V, 5-3-22)

12.01.01.

Pre-application conference. The purpose of the pre-application conference is to provide an opportunity for the applicant to consult with county staff for advice and assistance prior to preparation of a preliminary plat, development plan, and zoning application. This will enable the applicant to become familiar with the approval process, required documents, inspections, the comprehensive plan, infrastructure and improvement standards adopted by Henry County and the Henry County Water and Sewerage Authority, the health department, the county DOT, and development factors which may impact the proposed development.

It is the county's intent that all procedural and development requirements be identified during the pre-application conference. However, no person may rely upon any comment concerning a proposed development, or any expression of any nature about the proposal, made by a participant at the pre-application conference, as a representation or implication that the proposal will be ultimately approved or rejected in any form. Additionally, the failure to identify an applicable requirement or condition shall not preclude the county from requiring an applicant to comply with such requirement or condition.

The following information shall be provided by the applicant:

a.

A Henry County application for zoning.

b.

Proof of ownership.

c.

When the applicant is a representative of the property owner, a notarized statement authorizing the representative to act as an agent of the property owner with regard to the application and associated procedures.

d.

Applicant campaign disclosure form (for applicant/owner, agent and/or attorney).

e.

A property survey conducted no more than five (5) years prior to the filing of the application, containing the legal description, boundaries, land area, notation whether any portion of the property is within a floodplain as regulated in section 3.01.00, and existing improvements located on the site. Where two (2) or more parcels are included within a proposed development, the survey shall include all parcels that are part of the proposed development, including all phases. The survey shall be prepared and sealed by a surveyor registered in the State of Georgia. If the survey is older than five (5) years, the survey must be certified by a surveyor registered in the State of Georgia as to whether changes have or have not been made to the property.

f.

A vicinity map indicating the location of the site proposed for development.

g.

Proof of payment of fees.

h.

Other information as may be required by the administrator.

12.01.02.

Determination of completeness.

A.

All applications shall be complete before acceptance for review and decision-making. A determination of completeness is a determination that all required documents and plans have been submitted in sufficient number, and that all fees have been paid. A determination of completeness is not a determination of compliance with substantive standards and criteria.

B.

The administrator shall determine, within five (5) days of receipt of an application, whether the application is complete.

C.

If the administrator determines that the application is not complete, the administrator shall send notice to the applicant identifying the deficiencies. The applicant shall have thirty (30) days from the date of notice to correct the deficiencies. Until the applicant corrects the deficiencies, no further action shall be taken for processing the application. If the applicant fails to correct the deficiencies within the thirty-day period, the application shall be deemed withdrawn, and fees shall be forfeited.

D.

If the administrator determines that the application is complete, the application shall be processed for review and action in accordance with the procedural requirements set forth in section 12.02.00.

12.01.03.

Applications subject to administrative action.

A.

The following applications shall be reviewed and decisions rendered by the administrator:

1.

Development plans and subdivision plats for multifamily residential, manufactured home developments, and all nonresidential development, pursuant to the requirements for base zoning districts, overlay zoning districts, subdivision plats for conventional subdivisions, conservation subdivision developments, and residential fly-in neighborhoods.

2.

Administrative waivers (see section 11.03.00).

3.

Development permits (see section 12.02.06).

4.

Applications for minor modifications to zoning conditions and development conditions related solely to dimensional or site design standards required by the board of commissioners.

B.

Applications for permits pursuant to the building and technical codes shall be reviewed and decisions rendered by the building official, pursuant to the requirements set forth in appendix B.

12.01.04.

Applications subject to zoning advisory board action.

A.

The following applications shall be reviewed and decisions rendered by the zoning advisory board:

1.

Variances (see section 11.02.00).

2.

Conditional uses (see section 11.05.00).

3.

Modifications to conditions placed on conditional uses and/or variances.

B.

The following applications shall be reviewed by the zoning advisory board and recommendations provided to the board of commissioners.

1.

Rezoning of property and amendments to the official zoning map.

2.

Amendments to the ULDC.

3.

Amendments to the comprehensive plan and associated future land use map.

12.01.05.

Reserved.

12.01.06.

Applications subject to board of commissioners action. The following applications shall be reviewed and decisions rendered by the board of commissioners:

1.

Rezoning (amendment of the official zoning map) of property.

2.

Amendment of the future infrastructure map.

3.

Amendments to the ULDC.

4.

Amendments to the comprehensive plan.

5.

Appeals of administrative and zoning advisory board decisions (see section 12.04.00.)

6.

Modifications to conditions placed on rezonings.

7.

Major modifications to master development plans.

12.01.07.

Specifications for digital files.

A.

General requirements.

1.

Final plats required in digital format showing address and lot number inside each lot; all lots must be closed polygons.

2.

All drawings shall be geo-referenced to the US State Plane coordinate system, NAD 83, GA West Zone, US Survey Feet. All drawings shall contain a reference survey marker (pin) tied to the Henry County GIS GPS monument network.

3.

All features depicted in the drawings shall be surveyed after construction. Henry County, may, from time to time spot check coordinates to ensure accuracy. The table in subsection 12.01.06.C. specifies the features that shall be surveyed. Water system features shall be surveyed at a horizontal accuracy of ≤ 0.3 foot and vertical accuracy of ≤ 0.5 foot. Sewer system features shall be surveyed at a horizontal accuracy of ≤ 0.5 foot and a vertical accuracy of ≤ 0.1 foot.

4.

The following feature geometry types shall be shot directly using the survey instrument and tied to the Henry County GIS monument network:

a.

All point features (hydrants, valves, sewer manholes, etc.);

b.

All line features at all endpoints, bends, and turns (pipes, etc.); and

c.

All polygon features at all corners and bends (project boundaries, lots, rights-of-way, etc.).

5.

The following feature types are acceptable: Line, polyline, text, and insert. Any other features such as leaders, blocks, etc., shall not be present on the standard Henry County GIS CAD layers.

6.

Henry County GIS will provide template (or seed) drawing files upon request.

B.

Layering.

1.

All required layers listed in Henry County GIS CAD layers shall contain only the features that are described for that layer. For example, the BOUNDARY_LINE layer shall only contain the boundary line and not such features as north arrows or parcels.

2.

All required layers shall be present in the drawing except for features that do not pertain to a particular project. For example, some commercial projects may not contain sewer taps as part of the construction and should not be included in the drawing.

3.

All layers shall be clearly differentiated from each other.

a.

Two (2) layers having the names "WATER_LINE" and "WATER_LINES" shall not exist in the same drawing.

b.

"SEWER_LINE_TEXT" and "SEWER_TEXT" shall not exist in the same drawing.

4.

All text shall appear on separate layers from the layers they annotate. For example, text describing a sewer line shall be on the SEWER_LINE_TEXT layer not the SEWER_LINE layer.

5.

Text leaders shall be placed on the text layer, not the feature layer. For example, the leader for the diameter of a water pipe shall be on the WATER_LINE_TEXT layer, not the WATER_LINE layer. Leaders shall be drawn using line features not leaders.

C.

Drawing.

1.

All layers shall conform to the proper geometry type (line, polygon, text) as indicated in the table below.

2.

All polygon type features shall be completely closed. Lines may need to be duplicated on more than one (1) layer.

a.

Subdivision parcels shall be closed figures on their layer (not closed with the subdivision boundary).

b.

Road edge-of-pavement shall be drawn as closed polygons.

c.

Where a polygon feature extends beyond the edge of the plan, the property boundary (repeated on the polygon feature's layer) shall be used to close the polygon.

d.

All edges on polygon features shall be snapped together at the vertices. Gaps in polygon boundaries shall not be accepted.

3.

Sewer features.

a.

Sewer lines and sewer taps shall be digitized with proper directionality: lines shall be drawn from the uphill node to the downhill node or flipped after the lines have been digitized.

b.

All tangents between sewer manholes shall be drawn with a single line.

c.

All tangents shall be snapped at endpoints intersecting at the exact center of the manhole. No gaps shall exist between tangents.

d.

Manholes shall be symbolized consistently with a circle centered exactly on the tangent endpoints.

e.

Water features.

f.

Water lines shall be digitized with all straight-line pipes consisting of only two (2) points. Straight-line pipes shall begin and end at the following features (nodes): Hydrants, valves, meters, pumps, tees, crosses, and valves.

g.

Curves may be digitized with enough vertices to capture the curve geometry. Curves or arcs may also be used to designate curved pipe.

h.

All water lines shall be continuous, with pipe endpoints snapped to each other at endpoints (nodes).

i.

End-of-line caps shall be drawn to differentiate end-of-lines from lines that extend beyond the extent of the drawing. Caps shall be drawn for lines that are to be permanently capped when the project is complete, not for lines that are temporarily capped pending inspection.

4.

Stormwater features.

a.

Storm sewers shall be digitized with proper directionality: lines shall be drawn from the uphill node to the downhill node or flipped after the lines have been digitized.

b.

All tangents between stormwater structures shall be drawn with a single line.

c.

All tangents shall be snapped at endpoints intersecting at the exact center of the structure. No gaps shall exist between tangents.

d.

Stormwater structures shall be symbolized consistently with a designated symbol centered exactly on the tangent endpoints.

D.

Symbolization. Symbols shall be standardized according to examples provided in the Henry County GIS template file. The following "point" features shall be symbolized using standard Henry County GIS CAD symbols and drawn as inserts:

E.

Annotations.

1.

Any nonstandard water and sewer lines shall be annotated as such. Line diameter, material, ownership, etc., that does not conform to standard practice shall be noted in the corresponding annotation layer. For example, standard subdivision sewer lines are eight (8) inches in diameter. Any other diameter shall be annotated on the SEWER_LINE_TEXT layer.

2.

All addresses and lot numbers shall be number data type (that is, no text or symbols (#, -, ft, _, ", ', etc.)). If the lot does not have a number, this layer shall be blank.

F.

File naming and revisions.

1.

File names shall correspond exactly to the subdivision name and shall be consistent from one (1) version to the next. The file name shall contain the drawing finalized date (in YYMMDD format) as part of the name. There shall be no blank spaces in the name, only underscores. An example file name for the November 10, 2003, final plat for the third phase of the Monarch Village subdivision is: "Monarch_Village_3_031110."

2.

File finalized dates shall only be updated by the contractor/developer and not by Henry County GIS.

G.

Deliverable format. All files shall be delivered on single disk media in MicroStation or AutoCAD (release 14 or higher) DWG format and DXF software. CDs, four and one-half-inch floppies, and zip disks are all acceptable media. Files shall not be spanned over more than one (1) disk.

H.

Fee for nonelectronic submittal. An additional charge of twenty (20) percent of the final plat fee or ten dollars ($10.00) per lot, whichever is greater, will be required if a copy of the final revision is not submitted in electronic format. This fee must be paid prior to final plat approval.

(Ord. No. 10-20, § I(21), 6-15-10)

12.02.01.

Submittal requirements for all applications.

A.

All maps, concept plans, development plans, and preliminary and final subdivision plats, though not building plans, shall conform to the following standards:

1.

Drawings, except final plats and as-built plats, may be submitted either on paper or in digital files.

2.

All final plats, as-built plats, and drawings submitted in digital format shall comply with the specifications set forth in section 12.01.06.

3.

All drawings shall contain the dates of preparation and any revisions.

4.

All drawings shall be at the same scale, and shall be a minimum of one (1) inch equals one hundred (100) feet.

5.

Drawing sheets shall be not larger than twenty-four (24) inches × thirty-six (36) inches and shall be uniform in size for a submittal.

6.

All drawings shall contain a graphic and written scale and a north arrow.

7.

All drawings shall contain the name, address, and telephone number of the preparer(s), property owner(s) and developer(s).

8.

Drawings for development proposed in phases shall contain all required information for the total site, for each phase, and shall depict phase lines on the drawings.

9.

All drawings shall contain the seal and signature of the licensed professional preparing the drawings and computations.

10.

All plats shall conform to the following specifications:

a.

Dimensions shall be accurate to the nearest one-hundredth (0.01) of a foot.

b.

Bearings and angles: radii, arcs, and central angles of all curves with readings to the nearest second.

c.

The error of closure shall be not less than one (1) foot in ten thousand (10,000) feet.

B.

Required support data and plans.

1.

Where a site contains, or borders, a cemetery or gravesite, the applicant shall clearly delineate the area on all development plans and construction drawings. The drawings shall indicate that the site shall be enclosed or fenced with a temporary fence or equivalent which allows access but clearly marks the site for protection during construction. In addition, a permanent, ten-foot, natural or landscaped buffer shall be maintained around the site and shown on the final plat. The site shall also be visibly marked before grading is to begin.

2.

All preliminary plats and development plans shall be accompanied by a stormwater management plan meeting the requirements of section 8.04.00.

3.

Whenever a development proposes to disturb the regulatory floodplain, an engineering study shall be provided, in compliance with the requirements set forth in section 3.01.00.

4.

A landscape plan shall include sufficient information to determine whether the proposed landscape improvements are in conformity with the requirements of chapter 5, including the following:

a.

Identification of all trees, natural features, and manmade structures that will be retained upon the site;

b.

A description of proposed landscaping improvements and plantings, including the species, size, quantity, and location of trees, shrubs, and other landscaping materials.

5.

Whenever a development contains protected open space, a management plan shall be provided, demonstrating compliance with the standards for resource and open space protection set forth in chapter 3 and in section 6.02.01.

6.

Whenever a development contains a floodplain or floodway, a floodplain management plan shall be provided, demonstrating compliance with the requirements of section 3.01.00.

7.

Applications for new or expanded mines or quarries shall provide information necessary to demonstrate compliance with state and federal laws and regulations.

8.

Erosion and sediment control plans shall comply with the requirements of section 8.05.00 and shall contain the following additional information:

a.

Name and phone number of a twenty-four-hour local contact who is responsible for erosion and sedimentation controls.

b.

Activity schedule showing anticipated starting and completion dates for the project. Include the statement in bold letters that "The installation of erosion and sedimentation control measures and practices shall occur prior to or concurrent with land disturbing activities."

c.

Stormwater and sedimentation management systems-storage capacity, hydrologic study, and calculations, including off-site drainage areas.

d.

Vegetative plan for all temporary and permanent vegetative measures, including species, planting dates, and seeding, fertilizer, lime, and mulching rates. The vegetative plan shall show options for year-round seeding.

e.

Include the statement: "Mulch, temporary vegetation, or permanent vegetation shall be completed on all exposed areas within fourteen (14) days after disturbance ceases."

f.

Delineation of disturbed areas within project boundary.

g.

Detailed drawings and narrative notes to demonstrate compliance with the erosion and sediment control standards set forth in section 8.05.00 and the requirements in the current edition of the Manual for Erosion and Sediment Control in Georgia.

h.

Maintenance statement: "Erosion and sedimentation control measures shall be maintained at all times. Additional erosion and sedimentation control measures and practices shall be installed if deemed necessary by onsite inspection."

i.

Existing and planned contours, with ground slope contour intervals of two (2) feet. Location of erosion and sedimentation control measures and practices using coding symbols from the Manual for Erosion and Sediment Control in Georgia.

C.

Requirements regarding permanent reference monuments. Materials, size, and location shall conform to the following:

1.

Steel pins not less than one-half-inch in diameter and thirty (30) inches long, with a survey marker cap showing the land surveyors registration number shall be set at all lot corners.

2.

Resetting monuments. Any monuments disturbed by construction or grading shall be reset by the applicant and approved by the administrator.

12.02.02.

Requirements for development plans.

A.

A subdivision plat may be submitted along with a rezoning request. However, the administrator shall not approve the plat until the rezoning request has been granted by the board of commissioners.

B.

The applicant shall submit the number of copies of development plans and supporting data and supporting plans as specified by the county.

C.

The applicant shall submit one (1) copy of construction improvement plans to the HCWSA.

D.

All development plans shall provide the information specified in section 12.02.01 and the following information:

1.

All information needed to demonstrate compliance with the site design and development standards in this ULDC.

2.

Copies of all state and federal permits, including state and jurisdictional waters identification (delineation) and mapping, must be submitted to the stormwater quality and pollution prevention department for inclusion in the site development/disturbance plan review. Digital copies are encouraged. Proposed development plans will not receive approval without documentation of all necessary state and federal coordination, as required by law;

3.

Proposed site developments that include multi-parcel layouts must include a master drainage plan for the complete proposed project site disturbance. Future alteration to site drainage for individual parcels as part of a larger site development plan is not allowed without approval from the stormwater quality and pollution prevention department director or designee. See subchapter 3.03.05(3) for stream buffer requirements regarding master grading project plans;

4.

Flood limit identification and mapping must be submitted to the stormwater quality and pollution prevention department for any proposed development site which receives runoff from a drainage basin ten (10) acres in size or larger. As such, no structures or septic system components will be allowed within the ten-acre drainage area, unless the stormwater quality and pollution prevention department director or designee determines that the structure will have no adverse effect to water quality.

5.

Depiction of existing uses in adjacent areas.

6.

In the case of a resubdivision, a copy of existing plat shall be provided with the proposed resubdivision imposed thereon.

7.

Proposed name of subdivision, including unit, phase, and lines separating phases and/or units.

8.

Draft of proposed deed restrictions to be imposed.

9.

Zoning district of the property, including any special conditions of zoning imposed by the board of commissioners.

10.

Deed, record names, and addresses of adjoining property owners or subdivisions, along with zoning of the adjacent parcels.

11.

Total area in acres and square feet.

12.

Any project proposed to be developed in phases shall provide all information for the total site and for each phase.

13.

Topographic contours and vertical intervals of not more than two (2) feet when a new street is proposed.

14.

Soil conditions according to U.S. Soil Conservation Service Classifications Manual.

15.

Proposed density (both gross and net) and lot layout, consistent with the requirements of the future land use map of the comprehensive plan, including lot and block numbers and/or letters. Layout of all lots shall indicate building setback lines, lot dimensions, and lot area. Lots with detention ponds shall meet minimum zoning area requirements outside the area of the detention pond.

16.

For mixed use projects, including development in the OI, MU, and IAC zoning districts, drawing notes shall include a table summarizing the total amount of development in each use, the percentage of the total site, net density of proposed residential development.

17.

Location of existing and platted property lines, location, width, and names of all platted roads, railroads, utility rights-of-way, public areas, existing buildings or structures.

18.

Show all existing and proposed easements. Show drainage easements for storm drainage pipes which cross individual lots.

19.

Protected open space.

20.

Depiction of natural features on the site and adjacent areas, including streams, lakes, other water bodies, wetlands, designated groundwater recharge areas, land subject to a 100-year flood hazard, including contour elevations, and geologic features, and other protected environmental features, as set forth in chapter 3, including an outline of wooded areas, vegetation, and surface drainage, together with information on methods for protection of natural features as required in this ULDC. State if elevations are taken from a surveyed stream on a FEMA map or if the elevations are from an independent study (HEC-2, QUICK-2, etc.). Flood elevations on any lots within a 100-year flood hazard area shall be shown. In addition, the foundation elevation that is a minimum of three (3) feet above the established 100-year flood evaluation shall be shown. This data may be shown either on the layout or in tabular form.

21.

Wetland areas shall be field located. Notation whether live streams and/or wetlands lie within this subdivision, or unit and phase. Provide a copy of wetlands delineation report from a qualified professional with training and experience in wetland delineation following the guidelines of the latest version of the Army Corps of Engineers Wetlands Delineation Manual.

22.

Proposed buffers, landscaping, and tree protection as required by chapter 5. This shall include the location, size, and type of proposed plant materials.

23.

Location of proposed buildings to be used for commercial, industrial, recreational or public facility uses, consistent with the requirements of chapter 4.

24.

Details regarding other proposed structures or additions to existing structures, including accessory structures and signs.

25.

Layout and names of proposed roads, alleys, public walkways/bikeways (i.e., sidewalks, trails, paths, bicycle facilities), with width of pavement and rights-of-way. Total lineal feet of proposed roads (per phase and total) shall be indicated. The proposed road system shall conform to the future infrastructure map and the requirements of section 8.01.00.

26.

Construction plans of streets including typical cross section and grade profiles. Show percent of each grade and length of each vertical curve.

27.

Show the centerline stopping distance for all points of access onto county roads. Show posted speed limit of existing county roads.

28.

Existing sewers, water mains, drains, culverts or other underground facilities within the tract or within the right-of-way of boundary roads with sizes, grades, and invert elevations from field surveys or other sources. All sizes and data on all utilities shall be provided. Location of proposed public facilities such as sanitary sewers, water mains, storm drainage facilities, culverts, bridges, and other underground or aboveground facilities within the parcel to be developed, or within the rights-of-way of roads bordering the parcel, with sizes, grades and invert elevations from field surveys or other sources, consistent with the requirements of chapter 8.

29.

Construction plans of sanitary sewers with grades, service, pipe size, and points of discharge and connection to other trunk or lateral sewers.

30.

Construction plans of storm drainage systems with pipe sizes, length, grade, location of outlets, runoff and velocity calculations, etc. All storm drainage systems carrying off-site runoff shall be designed for the 100-year storm event. All storm pipe within the county right-of-way shall be approved by the county.

31.

Construction plans of water supply system with pipe sizes and location of hydrants, valves, and all appurtenances.

32.

Final contours. In some cases, the street profiles will suffice in showing the amount of cut and fill; however, in many cases, final contours need to be shown on the plans.

33.

Any structural practice used shall be explained and illustrated with detail drawings.

34.

Show the following notes on all plans:

a.

A twenty-foot storm sewer and sanitary sewer easement exists along each property line and along each lot line, centered on lot lines, for future drainage and sanitary sewer lines.

b.

All storm drains shall be extended to the rear setback line.

c.

Grade stakes shall be set on all streets prior to any street grading. An as-built subgrade centerline profile shall be submitted and approved by county prior to the installation of curb and gutter or waterlines.

d.

An as-built detention pond detail and revised hydro study shall be submitted to the county prior to the final approval.

e.

All undisturbed buffers shall be field located; staked and flagged or marked with "tenzar" (or similar type fencing); and shall be submitted to the county for approval prior to grading.

E.

Applications for development plans within each watershed protection area identified and regulated in section 3.02.00 shall provide the following additional information:

1.

The distance of each impervious structure and surface to the nearest bank of an affected perennial stream and reservoir.

2.

The location of each perennial stream that crosses or abuts the site.

3.

The location of each public reservoir that abuts the site.

4.

The location, elevation and orientation of the 100-year floodplain on the site.

5.

A certification issued by a registered land surveyor or registered engineer verifying the location of the site as being located either within the water quality critical area, the limited development area or outside of the both areas.

6.

Location and detailed design of any spill and leak collection systems designed for the purposes of containing accidentally released hazardous or toxic materials.

F.

Administrative action.

1.

The administrator shall make a determination of completeness as set forth in section 12.01.02.

2.

When an application for development plan has been determined to be complete, the application and all accompanying information shall be distributed to all required reviewers.

3.

The plan review process shall include a determination of compliance with the regulations of this ULDC by the administrator and recommendations for any changes necessary to improve the subdivision.

4.

If the development plan is determined to be deficient by the administrator or the HCWSA, it shall be returned to the applicant for changes and corrections.

5.

A development plan may be approved with conditions. If the development plan is approved with modifications, the conditions shall be indicated on the plat. A copy of the plat with changes indicated shall be returned to the applicant, who shall have the revisions made by the engineer, surveyor, or landscape architect who prepared the plat before the final plat is submitted for approval.

6.

A soil erosion and sedimentation control plan, when in compliance with the standards for erosion and sedimentation control as set forth in section 8.05.00, shall be approved prior to issuance of a building or development permit to begin construction.

12.02.03.

Requirements regarding improvements.

A.

Pre-construction review and approval.

1.

Prior to grading, the applicant shall arrange a pre-construction conference. The pre-construction meeting shall include a review of the soil erosion and sedimentation control plan, street cross sections and profiles, construction specifications, procedures for inspections and testing, stormwater drainage and detention facilities, and any other matters concerning the development. The applicant shall provide a list of names, telephone numbers, addresses, and business license numbers of all contractors and subcontractors employed on a job. A separate pre-construction meeting is required with the HCWSA prior to any water or sanitary sewer installation.

2.

A development permit shall be issued only after the approval of the construction improvements plans and soil erosion and sedimentation control plan. Site grading shall be limited only to those areas clearly defined on the approved plans. Any site grading which is done without an approved soil erosion control plan and development permit is a violation of this ULDC and shall result in enforcement penalties as provided by sections 12.06.00 and 12.07.00. In instances where grading has occurred prior to issuance of a development permit, or when grading has exceeded the area approved according to the approved plans and development permit, the permit fee amount shall be doubled. Any violations of the conditions or limitations imposed by the development permit shall also be subject to penalties provided by section 12.07.00.

B.

Inspections.

1.

[Requests for inspections.] The applicant is responsible for making requests for inspections before beginning any of the stages indicated below. No grading shall commence without an approved soil erosion and sedimentation control plan and a development permit. Soil erosion prevention measures shall be installed prior to grading.

2.

Inspection notification. The applicant shall notify the development inspection department at least twenty-four (24) hours before any stage of construction begins. If construction during any phase is stopped or delayed due to inclement weather or other reasons, the applicant shall notify the development inspection department twenty-four (24) hours before commencing construction activity again.

3.

Clearing and grubbing. After providing the notice in paragraph B.2. above, clearing of the right-of-way may begin.

4.

Street grading. Following inspection and approval of the street clearing and grubbing, and street grade stakes have been set by the project's engineer, the contractor may proceed with the grading of the streets. Compaction tests shall be made as directed by the county to determine that the required ninety-five (95) percent maximum dry density is being achieved. At least one (1) test shall be made over each storm drainpipe when it has been covered with eighteen (18) inches of back fill material.

5.

Curb and gutter. Following the installation of all proposed sanitary sewer lines, if required, and acceptance of the street grading the contractor may proceed with the construction of the curb and gutter.

6.

Subgrade compaction. Following the completion and approval of the street grading and installation of curb and gutter the contractor may proceed with the preparation of the subgrade. Compaction tests shall be made as directed by the county to determine that the required one hundred (100) percent maximum dry density is being achieved.

7.

Base preparation. After the street subgrade has been inspected and approved, the contractor may proceed with the construction of the street pavement base. Compaction tests shall be made as directed by the county to assure that the required one hundred (100) percent maximum dry density has been achieved. Cores shall be taken as directed by the county to determine the constructed thickness of the base course.

8.

Paving. After the road base has been approved and accepted by the county, and the HCWSA has approved the video of the sanitary sewer (if the property has sewer lines), the contractor may proceed with the construction of the asphaltic concrete binder and/or surface courses. Compaction tests shall be made as directed by the county to assure that the required ninety-eight (98) percent maximum has been achieved.

9.

Street core tests. Street core test results shall be submitted and approved prior to the recording of a final subdivision plat. These cores shall be taken as directed by the county immediately upon completion of the surface course.

10.

Soil erosion and sedimentation control. During all of the stages of inspection, soil erosion, and sedimentation control measures shall be inspected. The subdivision shall be subject to soil erosion and sedimentation control inspection at any other times determined necessary to assure compliance with the approved plan. The applicant is responsible for continued maintenance of all soil erosion and sedimentation control measures.

11.

Work stoppage. A stop work order may be issued at anytime if it is determined to be necessary due to failure of the applicant to comply with any of the requirements of this ULDC. A stop work notice shall be posted on the site and the applicant shall be notified in writing concerning the reasons for the stop work order. Any work which proceeds in violation of a stop order shall be subject to the penalties as prescribed in section 12.07.00.

12.

Work delays. If construction during any phase of development is delayed due to inclement weather or for other reasons, the applicant shall notify the county prior to resuming construction activity.

13.

[Street improvements.] Street improvements shall be inspected by the county as follows:

a.

Check results of subgrade, base, and embankment compaction tests and depth.

b.

Inspect for compaction around all drainage pipes and drainage structures.

c.

Inspect and document the alignment and condition of curb and gutter equipment.

d.

Check fill material before authorizing use.

e.

Inspect and document concrete pours for curbs and headwalls.

f.

Inspect and document paving machine adjustments.

g.

Inspect and document the placement of asphalt pavement for compliance with material and weight specifications. Check core testing results.

h.

Obtain from the applicant all records of asphalt mix and materials quantities.

i.

Require as-graded street profiles and review for compliance to the approved construction plans prior to installing any curb and gutter or base material.

14.

[Storm drainage improvement inspections.] Storm drainage improvements shall be inspected by the county as follows:

a.

Inspect cross drainpipes to assure that metal pipe is properly coated and sized according to plans.

b.

Reject any defective pipe and assure that it is not used on the job.

c.

Observe pipe-laying operation to assure that pipes are true to line and grade, properly located, and bedding and back fill is compacted according to specifications. Document the depth and type of bedding, trench conditions, and back filling operations.

d.

Inspect riprap or concrete head walls for proper installation; ensure that drainage catch basins and manholes are installed properly.

e.

Inspect drainage ditches within the street right-of-way and drainage easements within the subdivision to assure proper embankment slope and grade according to specifications.

f.

For enclosed storm drainage systems, inspect to ensure that pipes are true to line and grade. Storm drain sewer pipes on steep slopes, greater than twelve (12) percent, shall be checked to see that they are properly anchored. Inspect pipe materials and document pipe manufacturer, class and size. Pipe materials for storm sewers shall be approved by the county. Inspect to ensure that sewers are laid with uniform slope between structures and have straight alignments between structures.

g.

Inspect stormwater detention facilities to assure compliance with approved plans capacity volumes and county construction standards.

15.

[Sanitary sewer and water main inspections.] Sanitary sewer and water main improvements shall be inspected by the HCWSA.

C.

Action following completion of improvements. Once the proposed improvements are substantially in place, and the applicant is seeking final approval from the county, the applicant shall submit six (6) copies of the final plat for review and comment. The final plat shall conform substantially to the preliminary plat as approved. The final plat may include only that portion of the land area depicted on the preliminary plat which has been developed and is to be recorded, provided that it complies with all requirements of this ULDC.

1.

The final plat shall be prepared by a registered professional engineer, surveyor, or landscape architect, at a scale of one hundred (100) feet or less to the inch and shall provide the following information:

a.

Name of the subdivision, including unit and/or phase of development (if applicable).

b.

North point, scale, and date.

c.

Names and addresses of the owners of record of the property to be subdivided.

d.

Developer name, address, and phone number(s).

e.

Name, addresses, phone number(s), and registration seal of the engineer, surveyor, or landscape architect who prepared the final plat.

f.

Certification by surveyor that all monuments exist and their sizes, locations, and materials are correctly shown on the plat.

g.

Legal description of the property including reference to land lot and district lines, street right-of-way lines, easements and other rights-of-way, property lines of lots and other sites with accurate dimensions to nearest one-hundredth (0.01) of a foot; bearings and angles on all lines, radii, arcs, and central angles of all curves with readings to the nearest minute.

h.

Blocks designated by letter and lots by numerical order.

i.

Current zoning, including setbacks and any special conditions placed on the rezoning of the property, or, stipulated in deed restrictions or restrictive covenants (i.e., minimum house size, type of construction).

j.

The layout of the subdivision, including the following information:

i.

All street right-of-way boundaries, street names, addresses, tax identification numbers, bearings, angles of intersection, and right-of-way and easement widths.

ii.

The lengths of all arcs, including radii, points of curvature, tangent bearings, and the length and bearing of the long cord of every arc.

iii.

Drainage, sanitary sewer, and utility easements along all side and rear lot lines and watercourses as required.

iv.

Detention pond maintenance and access easement to be shown, minimum twenty (20) feet to a public right-of-way.

v.

Location of all storm drains including pipe sizes.

vi.

Any buffer areas required in the ULDC, including statements whether or not the buffer areas are to be landscaped, undisturbed, fenced, or a combination-type buffer.

vii.

All lot lines measured to hundredths (0.01) of a foot. The bearings shall be indicated for all lot lines to the nearest second. The error of closure should not be less than one (1) foot in ten thousand (10,000) feet.

viii.

Individual lot sizes measured in square feet. This figure may be placed on the lot or in a table with addresses and tax parcel identification numbers. All lots with detention ponds must meet the minimum zoning area requirements outside the area of the detention pond.

k.

The outline of all property to be dedicated or reserved for public use, or to be reserved for common use of all property owners in the subdivision with the purpose of the dedication or reservation indicated. This shall include cemeteries or grave sites.

l.

Location of sidewalks and pedestrian and/or bicycle ways.

m.

Location and elevation of any 100-year flood hazard area, including the foundation elevation which is one (1) foot above the established 100-year flood elevation for each lot located within the flood hazard area.

n.

Notation that live streams and/or wetlands lie (do not lie) within this subdivision, or unit and phase. If wetlands do lie within this subdivision, or unit and phase, the plat must include the following notation: "Wetlands shown on this plat are under the jurisdiction of the U.S. Army Corps of Engineers. Lot owners may be subject to penalty by law for disturbance to these wetland areas without proper authorization."

o.

Copies of all materials test results for base and asphalt paving.

p.

Verification by the county that all required inspections have been made and approved and the improvements to the subdivision, including street construction, sidewalks, drainage systems, right-of-way seeding, are in compliance with approved plans, all underground utilities have been installed, and street and traffic signs installed by the county.

q.

Verification from the county that the soil erosion and sedimentation control for the subdivision is in compliance with the approved soil erosion and sedimentation control plan.

r.

Verification by the HCWSA that all requirements have been met, including submission of required documents and inspections.

s.

Notation that Henry County assumes no responsibility for the overflow or erosion of natural or artificial drains beyond the extent of the right-of-way, or for the extension of culverts beyond the points shown on the plat, and as required by Henry County.

t.

Notation that all storm drains shall be extended a minimum of thirty (30) feet behind any future residence or building.

u.

Notation listing all utilities to be provided.

2.

As-built drawings shall be submitted as follows:

a.

The as-built drawing(s) shall be prepared by a professional engineer or surveyor, registered in the State of Georgia, at a minimum of one (1) inch equals one hundred (100) feet. As-built drawings shall also be submitted in digital format, in compliance with the specifications in section 12.01.06.

b.

As-built construction plans for all water and sewerage facilities submitted to and approved by the HCWSA.

c.

As-built construction plans for storm drainage system with grade, pipe sizes, and location of outlets and other drainage structures, street profiles, and stormwater management facilities.

d.

As-built drawings of streets, storm drainage systems, and stormwater detention. The minimum required as-built information to be submitted with the final plat application includes the following:

i.

The existing center line profile of all newly constructed streets.

ii.

The size, material, length, slope, invert elevations, and accurate location of all storm drain pipes (this information can be shown on the plan view).

iii.

The top and invert elevations of all drainage structures.

iv.

An as-built topographical survey of all detention basins and details of existing outlet structures. Calculations showing volumes and outflow rates.

3.

When the final plat has been reviewed and approved by the administrator, the applicant shall supply one (1) original drawing of the final plat on mylar or sepia in black ink, as well as five (5) copies of the final plat to the administrator. The minimum size shall be eight and one-half (8½) by eleven (11) inches and the maximum size shall be seventeen (17) by twenty-two (22) inches. In addition, all other necessary documentation for recording shall be submitted at this time.

4.

Protective covenants or deed restrictions, if any, shall be attached in a form for recording.

5.

After completion of the physical development of the subdivision, the applicant shall contact the administrator for a checklist specifying the procedure in obtaining the various approvals from county departments which will release the subdivision for final [approval].

6.

The applicant shall provide a letter of credit or maintenance bond meeting the requirements of section 12.02.13, to guarantee the maintenance of infrastructure and improvements.

7.

For developments with multiple phases of construction, the administrator shall require that portions of a previously approved phase be placed under an extended letter of credit or maintenance bond if the previously approved phase is used as access for construction traffic for the development of future phases. A plan showing the various streets that will be used as access for the construction traffic through the previously approved phase shall also be provided. The duration of such an extended letter of credit or maintenance bond shall not exceed three (3) years from the date of approval of the final [plat] for the final phase of the development.

8.

A letter of credit or maintenance bond shall be released at the end of the three-year period. Ninety (90) days prior to expiration, a final inspection of all subdivision improvements shall be performed by the county to determine the need for any repairs. If repairs are necessary, the administrator shall provide written notice to the applicant.

9.

If the applicant fails to take the necessary action to make repairs within thirty (30) days of notification by the county, the administrator shall authorize the surety or bank issuing the letter of credit or maintenance bond to release to the county all funds.

10.

The administrator may require the letter of credit or maintenance bond to be extended to ensure the completion of repairs started but not completed by the application for a period not to exceed one hundred eighty (180) days.

11.

When the final plat has been reviewed and approved by the administrator, the applicant shall submit the final plat in digital form, complying with the specifications in section 12.01.06.

12.

Both the director of environmental compliance and plan review department and the director of the planning and zoning services division shall approve the final plat with a signature. The following notation shall be included on the final plat:

"This plat is hereby approved for recording:

By: ___________, Director, Henry County Planning and Zoning Services Division

Date: ________

"This plat is hereby approved for recording:

By: ___________, Director, Henry County Department of Environmental Compliance and Plan Review

Date: ________

* Within the jurisdiction of a city for which the county, by agreement, has the responsibility to review the final plats, the notation shall be changed to reference the mayor of that respective city in lieu of the director of planning and zoning services division.

13.

Once the final plat has been signed, the applicant shall be notified to pick up the mylar and prepare twenty-two (22) required copies for distribution. Three (3) original copies will be returned to the applicant for recording. Copies shall be distributed as necessary to county departments and utility companies. For projects located within the jurisdiction of a city, for which Henry County has an agreement to handle the final platting requirements, county staff will reference the applicable code section for that particular jurisdiction and adhere to their noted requirements.

14.

The applicant shall be responsible for properly recording final plat at the clerk of the superior court of Henry County.

12.02.04.

Requirements regarding dedication of public improvements or public sites.

A.

A plat is required for the dedication to the county of right-of-way, public improvements, and sites for public purposes. Public improvements may include streets, sewer lines, or water lines, outside of an area to be subdivided or developed, and which will provide access or service to development, or which will serve future development in an area. Sites for public purposes may include parks and recreation sites, school sites, site for public safety facilities, sites for water treatment facilities, sites for sewer treatment facilities, or sites for other public buildings.

B.

Land dedicated for public purposes to the Henry County Board of Commissioners or the HCWSA shall be eligible for credits toward any development impact fees adopted by the county.

C.

When a site is dedicated for public purposes to the appropriate county authority (board of commissioners, board of education, HCWSA), the land shall be transferred by a deed and dedication plat and recorded by the clerk of superior court, following acceptance by Henry County.

1.

Park and recreation sites shall be first recommended by the zoning advisory board and recreation board prior to action for acceptance of dedication of the site by the board of commissioners.

2.

The board of education shall review the location and need for the school sites, and decide whether or not to accept dedication of a site within ninety (90) days of receipt of a preliminary plan, or preliminary plat and construction improvements plans. The board of education shall consult with the zoning advisory board for recommendation on school sites. If the board of education decides to accept dedication of the site for a school, it shall notify the board of commissioners. The board of commissioners shall then direct the administrator to have the deed and dedication plat recorded by the clerk of superior court.

3.

Land dedication for fire or police stations, public buildings, and other public works that are non-rights-of-way related, shall be transferred to the county by a deed and dedication plat and recorded by the clerk of superior court, following acceptance by the board of commissioners. Right-of-way deeds and dedication plats associated with subdivisions shall be transferred to the county through the final plat process, in accordance with the provisions detailed in section 12.02.03, and shall only require the signatures of the environmental compliance and plan review director, and the planning and zoning services division director, or in the case where the subdivision is located within the jurisdiction of a city for which the county has an agreement to review the final plats, the signature of the mayor of that respective city shall be referenced in lieu of the signature of the planning and zoning services division director.

4.

Land dedicated for water and sewage treatment facilities and other facilities under jurisdiction of the HCWSA shall be recorded following approval of the HCWSA.

D.

The review of a dedication plat may include approval of a preliminary plat, construction improvement plans, a final plat, and as-built construction plans. The approval process for dedication plats shall be the same as for a final subdivision plat. A letter of credit shall be required for all public improvements as required for final plats (see section 12.02.13).

E.

When a site is determined necessary for public purposes by the county, and the applicant elects to reserve rather than dedicate the site, then it shall be reserved for public purposes. The applicant shall allow a period of one (1) year from the date of preliminary plat and construction improvements plan approval, during which time the county may authorize and complete the purchase of the site. During the one-year period for acquisition, the applicant may proceed with the necessary approvals for subdivision of the remainder of the development of the reserved tract.

12.02.05.

Requirements for development plans for a manufactured home development.

A.

The application shall be accompanied by eight (8) copies of a development plan and a narrative report summarizing the development concept and time schedule.

B.

The development plan shall comply with the submittal requirements in section 12.02.02 and shall include the following additional information:

1.

Details demonstrating compliance with the requirements of section 4.03.16 regarding manufactured home parks and developments, including the proposed location of all lots or pads, buffers, required recreation areas, structures, and appurtenant facilities.

2.

If the manufactured home development is proposed as a subdivision, all information required for a subdivision plat.

3.

Detailed information regarding placement of all improvements, in compliance with the requirements set forth in chapter 8.

C.

The narrative report shall include the following information:

1.

A summary of acres, dwelling units, and net density, as well as a statement of the number of acres devoted to buffer areas, recreation acres, and green belts, or other amenities, such as lakes, etc.

2.

A description of the phases under which construction shall be programmed, depicting the geographical limits of each phase of construction.

3.

A draft of the proposed rules and regulations which shall be established and enforced by management if the development is a mobile home park.

4.

A draft of the text of covenants running with the land which shall be binding on the applicant and/or any future owner of the property so long as the property is used as a mobile home development, which shall provide for perpetual upkeep and maintenance in a clean and healthy state, all grass, lawns, shrubbery, trees, recreation areas, and other natural amenities of the property including buffer zones. Said covenants shall be drawn to the satisfaction of, and subject to approval of Henry County, and Henry County shall be made a party thereto having full powers of enforcement at law or equity or otherwise. Upon approval by the county attorney, said covenants shall be recorded in the superior court of Henry County and the recording of said covenants shall be a condition precedent to any development, defoliation, or other construction on the property.

5.

In addition, typical elevation drawings, including general architectural style and buildings exterior materials, if possible, of all permanent buildings and structures to be constructed on the premises shall be submitted.

12.02.06.

Requirements for permits. (Note: Permits required by the International Building, Gas, Mechanical and Plumbing Codes, the National Electrical Code and the International Residential Code shall also comply with the requirements set forth in Appendix B, Administration of Building and Technical Codes.)

A.

Generally.

1.

Applications for permits shall be submitted on forms provided by the county.

2.

Applications shall be accompanied by payment of fees as required by each department's most recently approved fee schedule.

3.

Applications shall be accompanied by plans, drawings, or other documents as required by the county.

4.

All permit applications shall be complete prior to processing.

B.

Sign permits generally.

1.

In addition to the general submittal requirements, an applicant for a sign permit shall provide the following information:

a.

Address of building, structure, or lot to where the sign is to be attached or erected;

b.

Position of the sign in relation to nearby buildings or structures, property lines and other signs located on the lot showing compliance with all setback lines required by the county;

c.

Three (3) sets of accurately scaled color drawings of the plans, contents, specifications, and method of construction and attachment to the building or the ground for the sign as well as a scaled drawing of the site showing drives, structures, and any other limiting site features;

d.

Name of person, firm, corporation, or association erecting the sign (i.e., contractor or builder);

e.

Written consent of the owner of the building or lot upon which the sign is to be erected; and

f.

A written list describing all other signs located on the lot indicating the sign type, size and placement.

2.

Sign permits shall be reviewed and approved or denied by the administrator and the building official. Approval or denial shall be based upon the conformance of the plans and specifications with the requirements in the ULDC and with the applicable building code requirements.

3.

All permits shall either be issued or denied within thirty (30) days of the submission date.

4.

If the application is denied because it does not contain the required information or the information is inaccurate or false, a new application shall be submitted with all of the required information and such application shall be assigned a new submission date. When the application is denied, the administrator shall notify the applicant and state the reason(s) for the denial.

5.

Every sign constructed, erected, or maintained for which a permit is required by this ULDC shall be plainly marked with the identification number issued by the building department for the structure firmly affixed to the sign in such manner that the identification number shall be readily visible, accessible for inspection and durable.

6.

Displaying an identification number that has been tampered with, altered, or mutilated, or displaying a sign without an identification number shall be a misdemeanor offense punishable in magistrate court.

C.

Temporary sign permits.

1.

Permits may be issued for temporary signs in compliance with the standards set forth in subsection 7.04.07.D.

2.

Permits for banners in county parks shall be valid for seventy-two (72) hours. Banners shall be removed at the end of this time period.

3.

Permits for other temporary signs shall be valid for thirty (30) days from the date of permit issuance.

4.

Permits for temporary signs, other than banners, may be renewed up to three (3) times, without additional application or fees.

5.

A temporary sign permit shall not be issued for any lot for more than a twelve-month period.

D.

Application requirements.

1.

Copy of lease or letter of authorization from the property owner evidencing applicant's authority to pursue the WCF application;

2.

The name, address and phone number of the person preparing the report;

3.

The name, address, and phone number of the property owner, operator, and applicant;

4.

The postal address and tax map parcel number of the property;

5.

The zoning district of the subject property and all adjacent properties;

6.

A written legal description of the property;

7.

Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines;

8.

Topography of the property utilizing two-foot contour intervals;

9.

The location of adjacent residential structures within one-hundred (100) feet of the property boundary;

10.

The location, size and height of all structures on the property which is the subject of the application;

11.

All required zoning and support structure setbacks;

12.

Number and type of proposed antennas and their height above ground level, including the proposed placement of antennas on the support structure;

13.

Certification that demonstrates the need for the WCF. Such documentation shall include all adjoining planned, proposed, in-service or existing sites owned by the applicant or others and propagation studies of the proposed site;

14.

When requesting a permit for a WCF greater than one hundred (100) feet within a residential area, a written certification and technical analysis of why a similar structure at a height of less than one hundred (100) feet cannot be used. Documentation shall include a propagation study of the proposed site with a monopole or tower less than one hundred (100) feet.

15.

Existing or proposed public rights-of-way, private roads and/or access easements through, on, or adjacent to the subject property. The proposed access driveway or roadway and parking area at the WCF site shall be shown, to include grading, drainage and traveled width, and type of surface materials proposed. A turn-around space and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.

16.

A landscaping plan that conforms to the requirements of the ULDC. The method of irrigation and any proposed removal of vegetation shall be identified.

17.

The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related facilities and structures of the proposed WCFs.

18.

Both the WCF and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings. May include the utilization of concealment design as required by the county.

19.

WCF plan. For all WCFs, a plan (no larger than twenty-four (24) inches by thirty-six (36) inches with an eleven-inch by seventeen-inch reduced copy) shall include a diagram of the proposed facility and antenna(s), including:

A.

Elevations to include the following proposed dimensions: height, width and breadth.

B.

Elevation views of the security barrier or equipment compound, indicating architectural design, exterior appearance and materials, including color. The security barrier shall not be less than six (6) feet in height with anti-climbing devices, as deemed appropriate by the administrator.

C.

Mounting location on support structure, including height (AGL).

D.

If a collocation on existing WCF or a concealed attached or nonconcealed attached WCF is proposed, identification of all mounting frames, arms, brackets or other devices or equipment used to hold antennas and other equipment in place.

E.

Certification that the WCF, the foundation and all attachments are designed and will be constructed to meet all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations, including, but not limited to, the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors.

F.

If a freestanding WCF is proposed, it shall be demonstrated that the structure will be able to accommodate additional antenna, as required by section 7.05.09.

Where a certification is called for in this section, such certification shall bear the signature and seal of a professional engineer licensed in the State of Georgia.

E.

Residential land disturbance (outside of a watershed protection area).

1.

Applicants for the residential land disturbance permit shall provide a proposed site plan, drawn to scale by a registered surveyor or engineer, showing the lot, rights-of-way, easements, buffers, all preserved areas of trees, direction of drainage and proposed placement of the septic system, if any. Such plan shall also show the proposed location of all erosion control devices, setback lines, building size, location of the building on the lot, driveway, and the location of all other structures on the site.

2.

A permit shall be issued upon submittal of the application and the required permit fee; however, land disturbance is not to proceed until an inspector has visited and approved an initial inspection verifying that the application complies with the ULDC.

3.

Additional inspections may be made, as necessary at the discretion of the administration, in order to verify compliance with the requirements for erosion control in section 8.05.00 and tree protection in section 5.03.00.

F.

Other land disturbance (outside of a watershed protection area). Applications for permits for any land-disturbing activity for any development shall meet the general requirements for all applications, shall include an erosion and sedimentation control plan as required in subsection 12.02.01.B.8., and the following additional information:

1.

In addition to the local permitting fees, fees shall also be assessed pursuant to O.C.G.A. § 12-5-23(5)(a), provided that such fees shall not exceed eighty dollars ($80.00) per acre of land disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to O.C.G.A. § 12-7-8(a), half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-7 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction.

2.

Approval by the Henry County Soil and Water Conservation District (district). Immediately upon receipt of an application and plan for a permit, the county shall refer the application and plan to the district for its review and approval or disapproval concerning the adequacy of the erosion and sedimentation control plan. The district shall approve or disapprove a plan within thirty-five (35) days of receipt. Failure of the district to act within thirty-five (35) days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the county. Such review shall not be required if the county and the district have entered into an agreement which allows the county to conduct such review and approval of the plan without referring the application and plan to the district.

3.

Identification of any violations of previous permits, the requirements of section 8.05.00, or the Erosion and Sedimentation Act, as amended, within three (3) years prior to the date of filing of the application under consideration.

4.

Proof of irrevocable letter of credit.

5.

Proof of payment of all ad valorem taxes levied against the property.

6.

No permit shall be issued by the administrator unless the erosion and sedimentation control plan has been approved by the district and the administrator has affirmatively determined that the plan is in compliance with the requirements of section 8.05.00. If a letter of credit is required, the permit shall not be issued until the requirements regarding the letter of credit have been satisfied.

7.

If the permit is denied, the reason for denial shall be furnished to the applicant.

8.

If the tract is to be developed in phases, then a separate permit shall be required for each phase.

9.

The permit may be suspended, revoked, or modified by the administrator, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this ULDC. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

G.

Permits for land disturbing activity within a watershed protection area.

1.

Within a watershed protection area, established as set forth in section 3.02.00, no land disturbing activity, construction, or other development, other than specifically exempted activities, may be conducted without a permit.

2.

The following land use activities are exempted from the development review and permit requirements of this section:

a.

Agriculture and forestry. Normal agricultural and forestry activities involving planting and harvesting of crops are exempted if they conform to best management practices established by the Georgia Department of Agriculture. Silvicultural activities shall conform to best management practices by the Georgia Forestry Commission.

b.

Mining activities. All mining activities that are permitted by the Georgia Department of Natural Resources under the Georgia Surface Mining Act, as amended, are exempted.

H.

Permits for timber removal. Applications for permits for timber removal shall follow the requirements below:

1.

§ 12-6-24. Notice of timber harvesting operations.

(a)

(1)

A county governing authority may by ordinance or resolution require all persons or farms harvesting standing timber in any unincorporated area of such county for delivery as pulpwood, logs, poles, posts, or wood chips to any wood yard or processing plant located inside or outside this state to provide notice of such harvesting operations to the county governing authority or the designated agent thereof prior to entering onto the property if possible, but in no event later than twenty-four (24) hours after entering onto the property. Further, such persons shall give notice of cessation of cutting within twenty-four (24) hours after the job is completed.

(2)

A municipal governing authority may by ordinance or resolution require all persons or firms harvesting standing timber in any incorporated area of such municipality for delivery as pulpwood, logs, poles, or wood chips to any wood yard or processing plant located inside or outside this state to provide notice of such harvesting operations to the municipal governing authority or the designated agent thereof prior to entering onto the property if possible, but in no event later than twenty-four (24) hours after entering onto the property. Further, such persons shall give notice of cessation of cutting within twenty-four (24) hours after the job is completed.

(b)

Any ordinance or resolution adopted pursuant to subsection (a) of this Code section shall conform to the following requirements:

(1)

Prior written notice shall be required of any person or firm harvesting such timber for each separate tract to be harvested thereby, shall be made only in such form as prescribed by rule or regulation of the director, and shall be limited to the following:

(A)

A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road;

(B)

A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under Code Section 48-5-7.5;

(C)

The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and

(D)

The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber;

(2)

Notice may be submitted in person, by transmission of an electronic record via tele facsimile, e-mail, or such other means as approved by the governing authority, or by mail;

(3)

The governing authority may require persons or firms subject to such notice requirement to deliver a bond or letter of credit as provided by this paragraph, in which case notice shall not be or remain effective for such harvesting operations unless and until the person or firm providing such notice has delivered to the governing authority or its designated agent a valid surety bond, executed by a surety corporation authorized to transact business in this state, protecting the county or municipality, as applicable, against any damage caused by such person or firm in an amount specified by the governing authority not exceeding five thousand dollars ($5,000.00) or, at the option of the person or firm harvesting timber, a valid irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of such bond. Each county or municipality shall require no more than one (1) bond from each person or firm harvesting timber regardless of the number of tracts harvested in such county or municipality by each such person or firm so long as the bond remains in effect. Otherwise, a valid replacement bond must be obtained and delivered to the governing authority of such county or municipality or its designated agent no later than the close of business on the fifth business day following the day that such governing authority filed a claim to recover damages against the then-existing bond. Upon filing such claim, such governing authority shall immediately provide notice thereof, including the date such claim was filed, to the person or firm causing the damage. Such notice may be given in person, by transmission of an electronic record via tele facsimile, or by e-mail. For purposes of this paragraph, any such surety bond or letter of credit shall be valid only for the calendar year in which delivered;

(4)

Notice shall be effective for such harvesting operation on such tract within such unincorporated area of the county or incorporated area of the municipality upon receipt of the same by the applicable governing authority or its designated agent and, if applicable, compliance with the requirements of paragraph (3) of this subsection and until such time as the person or firm giving such notice has completed the harvesting operation for such tract; provided, however, that any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the governing authority or its designated agent within three (3) business days after such change;

(5)

Notice requirements shall be applicable to any such timber harvested on or after the effective date of the ordinance or resolution adopted pursuant to this Code section; and

(6)

Violation of the notice requirements of any ordinance or resolution adopted pursuant to this Code section shall be punishable by a fine not exceeding five hundred dollars ($500.00).

(c)

The director shall promulgate such rules and regulations as are reasonable and necessary for purposes of the standard form required by paragraph (1) of subsection (b) of this Code section.

(d)

Any municipal governing authority or designated agent thereof which receives a notice required by ordinance or resolution adopted pursuant to this Code section regarding timber harvesting operations to be conducted in whole or in part within the corporate limits of such municipality shall transmit a copy of such notice to the governing authority of the county or the designated agent thereof.

(e)

(1)

No county, municipality, or other political subdivision in this state shall require any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any wood yard or processing plant located inside or outside this state to provide any notice of or plan or security for such harvesting or hauling of forest products except as provided by this Code section.

(2)

No county, municipality, or other political subdivision in this state shall require any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any wood yard or processing plant located inside or outside this state to obtain any permit for such harvesting or hauling of forest products, including without limitation any permit for any new driveway in connection with timber harvesting operations; provided, however, that this paragraph shall not otherwise limit the authority of a county or municipality to regulate roads or streets under its jurisdiction in accordance with Title 32.

(3)

The provisions of paragraphs (1) and (2) of this subsection shall not preclude counties, municipalities, and other political subdivisions from enacting and enforcing tree ordinances, landscape ordinances, or streamside buffer ordinances; provided, however, such ordinances shall not apply to timber harvesting as described in subparagraph (A) of paragraph (4) of this subsection or in unzone tracts as described in subparagraph (B) of paragraph (4) of this subsection.

(4)

(A)

The limitations on the regulatory authority of counties, municipalities, or other political subdivisions provided by paragraphs (1), (2), and (3) of this subsection shall apply only to timber harvesting operations which qualify as forestry land management practices or agricultural operations under Code Section 12-7-17, not incidental to development, on tracts which are zoned for or used for forestry, silvicultural, or agricultural purposes.

(B)

The limitations on the regulatory authority of counties, municipalities, or other political subdivisions provided by paragraphs (1), (2), and (3) of this subsection shall also apply to tracts which are unzone.

(5)

No county or municipality shall require a fee of any kind for receiving a notification of a timber harvest.

I.

Temporary permits for special events.

1.

In addition to the general submittal requirements, an applicant for a temporary permit for a special event shall provide the following information:

a.

Address of building, structure, or lot to where the special event is to be located;

b.

A site plan depicting the layout of the proposed special event;

c.

Written consent of the owner of the building or lot upon which the special event will be located; and

2.

Temporary permits for special events shall be reviewed and approved or denied by the administrator. Approval or denial shall be based upon the conformance of the plans and specifications with the requirements in the ULDC.

3.

All permits shall either be issued or denied within thirty (30) days of the submission date.

4.

If the application is denied because it does not contain the required information or the information is inaccurate or false, a new application shall be submitted with all of the required information and such application shall be assigned a new submission date. When the application is denied, the administrator shall notify the applicant and state the reason(s) for the denial.

5.

The number of special events related to event facility uses shall be limited to five (5) per year, having no more than one (1) event facility related special event per month. This limitation is per calendar year and shall be effective the date of the official adoption of this ordinance [Ord. No. 17-06] and shall apply to both the applicant and subject property. Those properties that are zoned RA (Residential-Agricultural) must have an approved conditional use and special event permit, for event facility related uses.

J.

Permit to disturb a cemetery. No known cemetery, burial ground, human remains, or burial object shall be knowingly disturbed by the owner or occupier of the land on which said subject is located for the purpose of developing or changing the use of any part of such land unless a permit is first obtained from the board of commissioners.

12.02.07.

Requirements regarding ownership and management of open space.

A.

Where open space is required in a proposed development, the open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. If the entity accepting an easement is not Henry County, then a right of enforcement favoring Henry County shall be included in the easement. The instrument shall be one (1) of the following:

1.

A permanent conservation easement in favor of either paragraph a. or b. below:

a.

A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence. The conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

b.

A governmental entity that will ensure perpetual management of the open space.

2.

A permanent restrictive covenant, recorded on the final plat in favor of Henry County.

3.

An equivalent legal tool that provides permanent protection, if approved by the Henry County Board of Commissioners.

B.

The legal instrument for permanent protection shall include clear restrictions on the use of the open space. The restrictions shall include all required by this ULDC.

C.

Open space may be owned by a homeowners' or property owners' association. Where such association is established and authorized to own the protected open space, membership in the association shall be mandatory for all owners and their successors within the development containing the protected open space. The association shall be responsible for managing and maintaining the open space and any structures located within the open space.

D.

A plan setting forth the requirements and procedures to be followed in order to manage the land and the vegetation on the land. Such management shall be consistent with the protection of natural resources on the land, consistent with the requirements of chapter 3.

12.02.08.

Specific requirements regarding placement of manufactured homes in single-family residential districts.

A.

Applications for approval of placement of manufactured homes shall meet the general submittal requirements set forth in section 12.02.05. In addition the application shall provide photographs or renderings of the front and side of the manufactured home or mobile home exterior finish and other information reasonably necessary to make determinations required by this ULDC.

B.

The administrator shall make a determination of completeness as set forth in section 12.01.02.

C.

The completed application shall be submitted to the compatibility standards review committee for review and approval or denial.

D.

Approval or denial of the application shall be made within thirty (30) days of the date of receipt of the application and all required supporting materials.

1.

The applicant shall be notified in writing of the approval, conditional approval, or denial of the application within two (2) working days after such decision is made.

2.

Conditional approval shall require that the specific conditions and the reasons therefore be stated in writing and be agreed to by the applicant; such conditions shall be binding upon the applicant upon agreement.

3.

In the case of disapproval, the reasons therefore shall be specifically stated in writing by designating each specific provision of this ULDC which is not met and an explanation as to the reason or reasons why each such provision is not met.

E.

Approved manufactured homes and their placements shall be taxed in the same manner as comparable site-built homes within the area where the manufactured home is located.

12.02.09.

Requirements for amending the official zoning map (rezoning).

A.

[Requirements.] The official zoning map may be amended by the board of commissioners on its own motion, on recommendation from the zoning advisory board, or by approval by the board of commissioners of an application from a property owner. An adopted zoning resolution shall be an amendment to the official zoning map.

B.

[Concept plans.] Concept plans shall be submitted with rezoning applications. Any concept plan shall contain the information required for all applications and the information set forth below:

1.

Project name.

2.

Vicinity map showing zoning districts and existing land use within five hundred (500) feet of the boundaries of the site.

3.

Total area in acres and square feet.

4.

Current and proposed zoning classification, together with a summary of the applicable development standards for the proposed zoning district.

5.

Natural features, including topography at ten-foot intervals, surface drainage, surface waters, floodplains, watershed areas, groundwater recharge areas, general location of wetlands, and the general location of wooded areas.

6.

General location of existing and proposed roads and utility rights-of-way or easements.

7.

Location of existing property lines within the development site.

8.

General location of existing and proposed development by type of use.

9.

Proposed residential density and dwelling unit types, if applicable.

10.

Location of proposed open spaces, recreational areas, and public buildings and uses, indicating those areas reserved or dedicated for public use.

11.

General plan for the provision of utilities and infrastructure.

A report or letter from HCWSA indicating the availability of water and sewer and a report or letter from the Henry County Environmental Health Department indicating septic suitability if sewer is not available.

C.

Action by the administrator.

1.

The administrator shall make a determination of completeness as set forth in section 12.01.02.

2.

The administrator shall prepare a staff report addressing the following issues, in priority:

a.

Consistency with the comprehensive plan.

b.

The relation that the proposed amendment bears to the purpose of the overall zoning scheme with due consideration given to whether or not the proposed change will help carry out the purposes of this ULDC.

c.

Potential positive effects of the amendment on the character of the proposed zoning district, a particular piece of property, neighborhood, a particular area, or the community.

d.

The physical conditions of the site relative to its capability to be developed as requested, including topography, drainage, access, and size and shape of the property.

e.

The impact upon adjacent property owners shall the request be approved.

f.

The potential impact of the proposed amendment on county infrastructure including water and sewerage systems.

g.

The impact of the proposed amendment on adjacent thoroughfares and pedestrian and vehicular circulation and traffic volumes.

h.

The merits of the requested change in zoning relative to any other guidelines and policies for development which the zoning advisory board and board of commissioners may use in furthering the objectives of the comprehensive plan.

i.

The ability of the subject land to be developed as it is presently zoned.

D.

Zoning advisory board recommendation.

1.

The application shall be submitted to the zoning advisory board for review at a public hearing, conducted as set forth in section 12.00.05.

2.

The zoning advisory board shall review the application according to the published schedule.

3.

The zoning advisory board shall submit its report with comments and recommendations according to the published schedule. The recommendations of the zoning advisory board shall be submitted to the board of commissioners. The recommendations of the zoning advisory board shall be of an advisory nature and shall not be binding on the board of commissioners.

4.

In making its recommendation, the zoning advisory board may recommend approval, approval with conditions, or denial. Findings shall be set forth in official minutes of the zoning advisory board.

E.

Board of commissioners action.

1.

The board of commissioners shall consider the application for rezoning at a public hearing conducted as set forth in section 12.00.05.

2.

The board of commissioners shall consider the information set forth in the staff report and the findings and recommendations of the zoning advisory board.

3.

In deciding upon any application for an amendment to the official zoning map, the board of commissioners may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the zoning advisory board, grant the application subject to certain conditions necessary to promote and protect the health, safety and general welfare.

4.

The board of commissioners may include conditions as follows:

a.

Such conditions as deemed necessary to protect neighboring properties and to lessen any potentially adverse effects of the zoning change;

b.

Setback requirements from any lot line;

c.

Specified or prohibited locations for buildings, parking, loading or storage areas;

d.

Restrictions on land use activities to be permitted;

e.

Maximum building dimensions and height;

f.

Landscaping or planted area which shall include the location, type, and maintenance of plant materials within a designated buffer area;

g.

Fences, walls, earth berms, or other landscape buffer provisions or protective measures;

h.

Preservation of existing trees and vegetation;

i.

Special conditions to eliminate or reduce undesirable views, light, glare, dust, or odor;

j.

Hours of operation; and

k.

Architectural details to be compatible with existing buildings in the area.

5.

A rezoning approved with conditions shall list in writing those conditions agreed to and shall include a requirement for adherence to concept plan, if any, submitted to accompany the application. The applicant or any successor in title shall construct only those uses and only in such a manner as identified in writing or upon the concept plan.

6.

Prior to a final vote being taken upon any application for an amendment to the official zoning map for which such conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant may, withdraw or request postponement. Such withdrawal shall not enable the applicant to re-file the same zoning map amendment for the same property until one (1) year has elapsed from the date of withdrawal.

7.

If the zoning decision of the board of commissioners is for the rezoning of property and the amendment to accomplish the rezoning is defeated by the board of commissioners, then the same property shall not again be considered for rezoning until the expiration of at least twelve (12) months immediately following the defeat of the rezoning by the board of commissioners.

12.02.10.

Requirements for modifications to approved zoning conditions, concept plans, and development plans.

A.

Major modifications to zoning conditions include any changes to allowable uses, maximum density, maximum intensity, or compatibility requirements attached to the zoning approval as conditions of approval. The following procedure shall be followed:

1.

An application shall be submitted containing details of the amendment requested, the situation giving rise to the need for an amendment, and accompanied by plans fully describing the nature and extent of the amendment.

2.

A staff report shall be prepared to address the issues listed in subsection 12.02.09.C. for the amended concept plan and/or zoning conditions.

3.

The zoning advisory board shall review the application for an amended concept plan. The zoning advisory board shall consider the application for amended conditions placed on conditional uses and/or variances according to the procedure in subsection 12.02.09.D.

4.

The board of commissioners shall consider the application for amended zoning conditions and/or concept plan at a public hearing according to the procedures in subsection 12.02.09.E.

B.

Minor modifications include changes to dimensional design features as depicted on a concept plan. Such dimensional design features as provided on a development plan shall generally conform to the conditions depicted on the concept plan, but shall be allowed to vary so long as the administrator determines that the development plan is generally consistent with the concept plan conditions. The following information shall be provided:

1.

The development plan shall be accompanied by a detailed description of the site design features depicted on the development plan that differ from the concept plan.

2.

The description of the modifications shall also include an explanation of the need for the modification.

3.

The development plan application will be processed as set forth in section 12.02.02.

C.

Requests to modify approved development plans may be approved by the administrator as set forth below:

1.

An application shall be submitted containing details of the amendment requested, the situation giving rise to the need for an amendment, and accompanied by plans fully describing the nature and extent of the amendment.

2.

Review by the administrator shall follow the same procedures and address the same issues as for the original application.

12.02.11.

Requirements for amendments to the ULDC. This ULDC may be amended by the board of commissioners on its own motion or by the initiation of planning and zoning staff. Otherwise, a complete application packet shall be required as described below:

1.

An application to amend the text of the ULDC shall be submitted on forms provided by the county.

2.

The application shall include the following information:

A.

Identification of the specific provision proposed for amendment;

B.

The proposed modifications in a strikethrough and underline format;

C.

A detailed explanation of the rationale and justification for the requested amendment;

D.

A detailed explanation of the potential impacts of the modification on the development of Henry County;

3.

The administrator shall prepare a staff report analyzing the proposed amendment and recommending approval, denial, or approval with modifications. The staff report shall address the following issues:

A.

Consistency of the amendment with the comprehensive plan.

B.

Potential impacts on the character and quality of development in Henry County and any affected zoning districts.

C.

Potential impacts on the provision of infrastructure and improvements.

D.

The merits of the proposed amendments relative to any guidelines, policies, or programs adopted in furtherance of the comprehensive plan.

4.

The zoning advisory board shall consider the proposed amendment to the ULDC at a public hearing, according to the procedures set forth in section 12.00.05.

A.

The zoning advisory board shall evaluate the proposed amendment, considering the issues and recommendations contained in the staff report.

B.

The zoning advisory board shall make a recommendation to the board of commissioners for approval, approval with further modifications, or denial.

5.

The board of commissioners shall consider the proposed amendment at a public hearing conducted as set forth in section 12.00.05.

A.

The board of commissioners shall consider the information set forth in the staff report and the recommendations of the zoning advisory board.

B.

The board of commissioners may approve, approve with modifications, or deny the proposed amendment to the ULDC.

12.02.12.

Requirements for amendment to the comprehensive plan. The comprehensive plan may be amended by the board of commissioners on its own motion. Otherwise, a complete application packet shall be required as described below.

A.

An application to amend the text or maps of the comprehensive plan shall be submitted on forms provided by the county.

B.

The application shall include the following information:

1.

Identification of the specific provision proposed for amendment.

2.

The proposed modifications in a strikethrough and underline format.

3.

A detailed explanation of the rationale and justification for the requested amendment.

4.

A detailed explanation of the potential impacts of the modification on the development of Henry County.

C.

The administrator shall prepare a staff report analyzing the proposed amendment and recommending approval, denial, or approval with modifications.

D.

The zoning advisory board shall consider the proposed amendment to the comprehensive plan at a public hearing, according to the procedures set forth in section 12.00.05.

1.

The zoning advisory board shall evaluate the proposed amendment, considering the issues and recommendations contained in the staff report.

2.

The zoning advisory board shall make a recommendation to the board of commissioners for approval, approval with further modifications, or denial.

E.

The board of commissioners shall consider the proposed amendment at a public hearing conducted as set forth in section 12.00.05.

1.

The board of commissioners shall consider the information set forth in the staff report and the recommendations of the zoning advisory board.

2.

The board of commissioners may approve, approve with modifications, or deny the proposed amendment to the comprehensive plan.

12.02.13.

Requirements for irrevocable letters of credit, escrow letter of surety or maintenance bond.

A.

Standards for an irrevocable letter of credit, escrow letter of surety or maintenance bond:

1.

The letter of credit, escrow letter of surety or maintenance bond shall be issued from a bank having Atlanta area offices. Include local contact name, phone number, and physical address of the bank. No post office boxes allowed.

2.

A letter of credit, escrow letter of surety or maintenance bond from other institutions shall be subject to approval by the administrator, or designee who shall be authorized to reject a letter of credit escrow letter of surety or maintenance bond if he reasonably determines the obligor or surety is unreliable or there would be practical difficulties in enforcing the obligation of the letter of credit, escrow letter of surety or maintenance bond for other reasons.

3.

The letter of credit, escrow letter of surety or maintenance bond shall name the Henry County Board of Commissioners as obligee.

4.

The amount of the letter of credit, escrow letter of surety or maintenance bond shall be determined by the department's most recently adopted fee schedule.

B.

A letter of credit for a permit for a land disturbing activity shall be required. See the building department's most recently adopted fee schedule for amount.

C.

A letter of credit or a removal bond for wireless communications facility shall be required. See the building department's most recently adopted fee schedule for amount.

D.

Time period for a letter of credit, escrow letter of surety or maintenance bond.

1.

A letter of credit, escrow letter of surety or maintenance bond for infrastructure and other public improvements shall remain in effect for three (3) years from the date of final plat approval. During the three (3) year period, it shall be the applicant's responsibility to repair any defects that occur in the streets, drainage systems, and stormwater detention systems. Extensions of a letter of credit, escrow letter of surety or maintenance bond may be required as set for in the procedures for approval of improvements (see section 12.02.04).

2.

A letter of credit for a wireless communication facility shall be for the length of the lease, including potential extensions, or twenty (20) years. The letter of credit shall be renewable for periods not to exceed five (5) years.

3.

A letter or credit or escrow letter of surety for a move in structure shall be for one (1) year.

4.

The Henry County Board of Commissioners may draw upon this letter of credit, escrow letter of surety or maintenance bond to the amount set forth above upon presentation to the surety company of the following: A letter from the Henry County Building Department Director stating that the principal has failed to comply with section 12.02.13 of this ULDC with regard to making all of the required repairs and that the cost of the repairs equals or exceeds the amount of the letter of credit, escrow letter of surety or maintenance bond.

12.02.14.

Requirements for development agreements.

A.

Purpose. The purpose of a development agreement is to authorize the use and development of a large tract of land where development will be carried out in phases over a long period of time. The development agreement may provide vested rights to the property owner during the term of the agreement to ensure that the development proceeds in compliance with the land use regulations in effect on the date of the agreement.

B.

Minimum land area.

1.

A minimum of twenty-five (25) acres of eligible land shall be required in order to execute a development agreement.

C.

Required information. A development agreement shall contain the following information:

1.

All information required in subsection 12.02.01.A.

2.

The time period and specific expiration date of the agreement, and a time period and specific expiration date for development of the property.

3.

Description of compliance with the comprehensive plan.

4.

Specification of land uses, including population, density of development, and dimensions of lots and site features.

5.

Description of public facilities and infrastructure to serve the development, including an identification of the service provider, and the time of service availability.

6.

Description of easements that are necessary for public facilities and infrastructure.

7.

Identification of land to be reserved or dedicated for public purposes.

8.

Identification of land that is required to be protected as set forth in chapter 3.

9.

Identification of any conditions, terms, restrictions, or other requirements that may be necessary to protect the public health, safety, or welfare.

10.

Identification of all parties to the agreement.

11.

Deviations, exceptions, and modifications from or to otherwise applicable ordinances, codes, rules, regulations, and other laws, to the extent permitted by law, including, but not limited to, this section 12.02.14.C. to the extent permitted by law, provided that the development agreement is adopted in accordance with the procedures set out in section 12.02.11.4 and section 12.02.11.5.

D.

Adoption of the agreement.

1.

Notice shall be provided as set forth in section 12.03.00.

2.

The zoning advisory board shall conduct a hearing, pursuant to the requirements set forth in section 12.00.05, and shall provide a recommendation to the board of commissioners.

3.

The board of commissioners shall conduct a hearing, pursuant to the requirements set forth in section 12.00.05. The board of commissioners shall approve, approve with modification(s), or deny the development agreement.

E.

Breach of agreement.

1.

Where the review reveals a material breach of the agreement, a notice of breach shall be provided to the property owner and all parties to the development agreement.

2.

The notice shall set forth in detail the nature of the breach, the evidence that supports the determination that a breach has occurred, and shall provide a reasonable time period to correct the breach.

3.

Upon failure of the property owner to correct the breach within the specified time period, the board of commissioners may terminate or modify the agreement. Termination or modification shall occur in the same manner as the initial adoption of the agreement.

4.

The property owner shall have an opportunity to rebut the determination that a breach has occurred or to consent to a modification of the agreement as necessary to correct the breach.

F.

Modification of agreements.

1.

A modification to an existing agreement may be initiated by the board of commissioners.

2.

Modification to an agreement shall occur in the same manner as the initial adoption of the agreement.

G.

Recording required. The property owner shall record the development agreement with the clerk of the superior court of Henry County.

(Ord. No. 09-07, 11-17-09; Ord. No. 10-20, § I(22—24), 6-15-10; Res. No. 13-02, 2-19-13; Ord. No. 14-06, § I(exh. A), 11-4-14; Ord. No. 15-02, § I, 2-17-15; Ord. No. 16-06, 10-18-16; Ord. No. 17-06, 4-18-17; Ord. No. 17-17, § I, 12-5-17; Ord. No. 25-4, § IV, 3-18-25)

12.03.01.

Public notice required.

A.

Notice shall be provided by the county for public meetings and hearings regarding the following actions:

1.

Amendment of the official zoning map;

2.

Amendment of the comprehensive plan;

3.

Amendment of ULDC;

4.

Major modification of zoning conditions and/or concept plans;

5.

Variance;

6.

Conditional use;

7.

Permit to disturb a cemetery;

8.

Designation of historic districts and historic properties; and

9.

Certificate of appropriateness.

B.

Notice shall include the following information:

1.

Time of the public meeting or public hearing;

2.

Place of the public meeting or public hearing;

3.

Purpose of the requested action;

4.

For requests to amend the official zoning map, the notice shall include the current and proposed zoning district.

12.03.02.

Legal advertisements.

A.

The public notice shall be published within a newspaper of general circulation within the territorial boundaries of Henry County, at least fifteen (15) but not more than forty-five (45) days prior to the date of the hearing, unless otherwise specified in subsection B. The notice shall state the time, place, and purpose of the hearing.

B.

Notice of public hearings of the following shall be provided at least thirty (30) days prior to the hearing:

1.

Variance;

2.

Conditional use;

3.

Modifications to Variance or Conditional Use conditions; and

4.

Appeals of administrative decisions or interpretations.

C.

If a rezoning is initiated by a party other than the county then the notice shall include the present zoning classification of the property, and the proposed zoning classification of the property.

12.03.3.

Requirements for posting signs.

A.

The county shall provide standardized signs for posting to provide public notice of meetings and hearings.

B.

The county shall be responsible for posting the sign as follows:

1.

The sign shall be posted in a conspicuous location on the property.

2.

The sign shall be posted not less than fifteen (15) and not more than forty-five (45) days prior to the date of the hearing.

3.

If the property proposed for rezoning does not have frontage on a public street, then the sign may be posted on the right-of-way of the nearest public street which provides access to the site.

4.

The county shall be responsible for timely removal of the sign following the hearing.

12.03.04.

Mailed notice. Mailed notice shall be provided at least fifteen (15) but not more than forty-five (45) days prior to the date of the hearing for all variances, conditional uses, modifications, amendments to the ULDC, amendments to the comprehensive plan, and amendments to the official zoning map (rezoning). The county shall provide the mailed notice to all adjacent property owners as well as the property owner.

(Ord. No. 23-05, § I, 6-6-23)

12.04.01.

Public notice required.

A.

The board of commissioners shall hear and decide appeals where it is alleged by the appellant that there is error in any approval, denial, or decision made by the zoning advisory board (ZAB).

1.

Only persons or entities that have legal standing in the challenged action shall be permitted to file an appeal under this code section.

2.

Appeals under this code section shall be filed with the planning and zoning department director or such other designee. Upon receipt of the appeal documents and once the requisite fees have been filed, the department head or his/her designee shall be responsible for notifying the county clerk via email within two (2) days that an appeal application has been filed and shall thereafter, be responsible for ensuring that all appeal documentation is provided to the county clerk for inclusion of the matter on a scheduled public meeting to be heard by the board of commissioners not later than thirty (30) days from the date of filing. All appeals pertaining to ZAB decisions shall be handled by the planning and zoning department head or their designee, which will include the legal advertisement, posting of signage, notification of all parties and postcard notification. The department head or his/her designee shall be responsible for providing an executive summary detailing the rationale for the decision in question and shall present the findings and all relevant documents pertaining to the appeal to the county clerk for presentation at the board of commissioner's meeting in which the appeal will be heard.

B.

The board of commissioners shall hear and decide appeals where it is alleged by the appellant that there is error in any approval, denial, written interpretation, or decision made by the planning and zoning or building and plan review department, based on the interpretation or enforcement of the ULDC.

1.

Only persons or entities that have legal standing in the challenged action shall be permitted to file an appeal under this code section.

2.

Appeals under this code section shall be filed with the planning and zoning department director or such other designee. Upon receipt of the appeal documents and once the requisite fees have been filed, within two (2) days, the planning and zoning department director or such other designee shall notify the appropriate department that an appeal application has been filed and shall immediately forward those documents to the appropriate department head and/or his or her designee for handling. Upon receipt of the appeal documents and once the requisite fees have been filed, the department head or his/her designee shall be responsible for notifying the county clerk via email that an appeal application has been filed and shall thereafter, be responsible for ensuring that all appeal documentation is provided to the county clerk for inclusion of the matter on a scheduled public meeting to be heard by the board of commissioners not later than thirty (30) days from the date of filing. The notifying department head or his/her designee shall, where required, be responsible for submitting any required legal advertisements and posting the appropriate signage. The department head or his/her designee shall be responsible for notifying all affected parties that an appeal has been filed and the date in which the appeal will be heard by the board of commissioners. The department head or his/her designee shall be responsible for providing an executive summary detailing the rationale for the decision in question and shall present the findings and all relevant documents pertaining to the appeal to the county clerk for presentation at the board of commissioner's meeting in which the appeal will be heard.

C.

If the board of commissioners has designated the ZAB by way of resolution to hear and decide appeals where it is alleged by the appellant that there is error in any approval, denial, written interpretation, or decision made by the planning and zoning or building and plan review department, based on the interpretation or enforcement of the ULDC, the following shall apply:

1.

Only persons or entities that have legal standing in the challenged action shall be permitted to file an appeal under this code section.

2.

Appeals under this code section shall be filed with the planning and zoning department director or such other designee. Upon receipt of the appeal documents and once the requisite fees have been filed, within two (2) days, the planning and zoning department director or such other designee shall notify the ZAB via email that an appeal application has been filed and shall thereafter, be responsible for ensuring that all appeal documentation is provided to ZAB for inclusion of the matter on a scheduled public meeting to be heard by the ZAB not later than thirty (30) days from the date of filing. The planning and zoning department director or such other designee shall be responsible for submitting any required legal advertisements and posting the appropriate signage. The planning and zoning department director or such other designee shall be responsible for notifying all affected parties that an appeal has been filed and the date in which the appeal will be heard by the ZAB. The planning and zoning department director or such other designee shall be responsible for providing an executive summary detailing the rationale for the decision in question and shall present the findings and all relevant documents pertaining to the appeal to the ZAB at the ZAB meeting in which the appeal will be heard.

D.

A scheduled appeal may be temporarily postponed at the request of the appellant or staff; however, the party requesting such postponement shall be responsible for the cost of any legal advertisement fees prior to the matter being rescheduled for a new hearing date.

E.

Should the board of commissioners or the zab overturn the decision of staff and/or the ZAB the applicant shall have thirty (30) days from the date of the decision to request a refund of no more than seventy-five (75) percent of the appeal fee paid.

12.04.01.

Applicability.

A.

Appeals may be filed by any person aggrieved by any written approval, denial, interpretation, decision or enforcement action of the administrator, based on or made in the enforcement of the ULDC.

B.

A person shall be considered aggrieved if:

1.

Said person or said person's property was the subject of the action appealed from; or

2.

Said person has a substantial interest in the action appealed from and is in danger of suffering special damage or injury not common to all property owners similarly situated.

12.04.02.

Time for applications and hearings.

A.

An appeal shall be filed within thirty (30) days following the written approval, denial, interpretation, or decision of the zoning advisory board or the administrator.

B.

A hearing before the board of commissioners shall be held according to the published schedule.

12.04.03.

Application requirements. An appeal request, along with the advertising and review fee of three hundred dollars ($300.00) shall be filed with the Henry County Planning and Zoning Department, indicating on the application in which the administrative decision originated and include a letter of intent addressing the following:

A.

Completed application form, provided by the county;

B.

Written documentation specifying the alleged errors in the approval, denial, interpretation, or decision of the zoning advisory board or the administrator;

C.

Citation of the section(s) of the ULDC pertaining to the action of the administrator; and

D.

A statement of the specific relief requested by the party appealing.

12.04.04.

Stay of proceedings. An appeal stays all legal proceedings in furtherance of the action appealed from unless the administrator certifies to the board of commissioners, after notice of appeal has been filed, that by reasons of facts stated in the certificate, a stay would, in the administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall be stayed only by a restraining order granted by the superior court of Henry County on notice to the administrator and on due cause shown.

12.04.05.

Action on appeals.

A.

The hearing of the appeal shall be quasi-judicial and shall be conducted at a regular meeting, according to the published schedule, or at a special meeting of the board of commissioners.

B.

Notice shall be provided pursuant to the requirements of sections 12.03.01 and 12.03.02 as well as due notice to the parties in interest.

C.

Any party may appear at the hearing in person, by an authorized agent, or by an attorney.

D.

Following the consideration of all testimony, documentary evidence, and matters of record, the board of commissioners shall make a determination on the appeal. An appeal shall be sustained only upon an expressed finding by the board of commissioners that the zoning advisory board's or the administrator's action was based on an erroneous finding of a material fact, or that the administrator acted in an arbitrary manner. In exercising its powers, the board of commissioners may reverse or affirm, wholly or partly, or may modify the requirement, decision or determination appealed from, and to that end shall have all the powers of the administrator from whom the appeal was taken and may issue or direct the issuance of a permit provided all requirements imposed by all other applicable laws are met.

(Ord. No. 10-20, § I(25), 6-15-10; Ord. No. 13-01, § I, 1-15-13; Ord. No. 23-05, § II, 6-6-23)

All appeals of final decisions of the board of commissioners shall be as follows:

A.

Any person aggrieved by a final decision of the board of commissioners may appeal such decision by filing a petition in writing with the superior court of Henry County setting forth plainly, fully, and distinctly why the decision is contrary to law.

B.

An appeal shall be filed within thirty (30) days after the disputed final decision is rendered.

A.

The administrator, the building official, and their authorized designees shall have the authority under the guidance of the board of commissioners to enforce the provisions of this ULDC.

B.

The administrator, the building official, and their authorized designees shall have authority to enter upon privately owned land for the purpose of performing their duties under this ULDC and may take or cause to be made such examinations, surveys, or sampling as the county deems necessary.

C.

Agents and employees of the county and the authority and law enforcement officials of the county and other law enforcement officials having police powers shall have authority to assist the enforcer in enforcement of this section.

D.

No person shall refuse entry or access to any authorized representative or agent of the county who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

E.

The administrator or the building official shall, at any time, order the cessation of all work on a site if any aspects of this ULDC are violated. Issuance of a certificate of occupancy shall be conditioned on compliance with this ULDC at the time a final inspection is requested.

F.

The administrator or the building official shall have the authority to revoke, suspend, or void any development or building permit or to withhold issuance of a certificate of occupancy until the requirements hereof are met.

G.

If any building or structure is constructed, reconstructed, altered, repaired, converted or maintained, or if any building, structure or land is used in violation of this ULDC, the board of commissioners, the administrator, or the building official, in addition to other remedies, may institute an injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure or land use.

H.

When a building or other structure has been constructed in violation of this ULDC, the violator shall be required to remove the structure.

I.

When removal of vegetative cover, excavation or fill has taken place in violation of this ULDC, the violator shall be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, in compliance with the erosion and sedimentation control standards of this ULDC.

J.

Enforcement regarding land disturbing activities:

1.

The administrator shall periodically inspect sites of land disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. If, through inspection, it is deemed that a person engaged in land disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this ULDC, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures shall be completed. If the person engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ULDC.

2.

The administrator shall have the following authority:

a.

To address violations and to refer violations for code enforcement action by the County;

b.

To issue citations for violation of this section;

c.

To issue administrative orders;

d.

To commence civil and criminal actions;

e.

To issue cease and desist orders in the event of any violation.

3.

For the first and second violations of the provisions of this ULDC, the administrator shall issue a written warning to the violator. The violator shall have five (5) days to correct the violation. If the violation is not corrected within five (5) days, the administrator shall issue a stop work order requiring that land disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land disturbing activities are conducted without obtaining the necessary permit, the administrator shall issue an immediate stop work order in lieu of a warning.

4.

For a third and each subsequent violation, the administrator shall issue an immediate stop work order.

5.

All stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

K.

Nothing herein shall prevent Henry County from taking other legal action as determined necessary to enforce this ULDC, or to prevent or remedy any violation.

A.

Violations of the provisions of this ULDC or failure to comply with any of its requirements, including violation of conditions and safeguards in connection with grants of variances shall, upon conviction, be punishable by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment of not more than sixty (60) days, or both, except as set forth in subsection B., below.

B.

Any person violating any provision of this ULDC, permitting conditions, or a stop work order, when such violation involves the construction of a single-family dwelling which is under contract with an owner for occupancy, shall be liable for a minimum fine of two hundred fifty dollars ($250.00) per day for each violation, by a sentence of imprisonment not exceeding sixty (60) days in jail, or both.

C.

The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue. Each day such violation continues shall be considered a separate offense.

D.

All costs, attorney's fees, expert witness fees and other expenses incurred by the county in connection with the enforcement of this ULDC shall be recovered from the violator.

12.08.01.

Purpose. It is the policy of the jurisdiction, pursuant to the Federal Fair Housing Amendments Act of 1988 (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This section establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

12.08.02.

Findings. The Federal Fair Housing Amendments Act of 1988 imposes an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.

A.

The housing element of the jurisdiction must identify and develop a plan for removing governmental constraints to housing for individuals with disabilities including local land use and zoning constraints or providing reasonable accommodation.

B.

A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures will further the jurisdiction's compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.

12.08.03.

Applicability. Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

An individual with a disability is someone who has a physical or mental impairment that limits one (1) or more life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

12.08.04

Notice to the public of availability of accommodation process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the planning, zoning and building departments, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the planning and building and safety departments.

12.08.05.

Requesting reasonable accommodation.

A.

In order to make housing available to an individual with a disability, any eligible person as defined in subsection 12.08.03 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

B.

Requests for reasonable accommodation shall be in writing and provide the following information:

(1)

Name and address of the individual(s) requesting reasonable accommodation;

(2)

Name and address of the property owner(s);

(3)

Address of the property for which accommodation is requested;

(4)

Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and

(5)

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

C.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection to the extent allowed by law.

D.

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

E.

If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

12.08.04.

Reviewing authority. The reviewing authority shall consist of representatives from planning and zoning, building, and fire and code enforcement departments.

A.

Requests for reasonable accommodation shall be reviewed by the "reviewing authority" using the criteria set forth in subsection 12.08.07.

B.

The reviewing authority shall issue a written decision on a request for reasonable accommodation within sixty (60) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection 12.08.07.

C.

If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the sixty-day period to issue a decision is stayed until the applicant responds to the request.

12.08.07.

Required findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

A.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

B.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

C.

Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and

D.

Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program.

12.08.08.

Written decision on the request for reasonable accommodation.

A.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in subsection 12.08.07. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

B.

The written decision of the reviewing authority shall be final unless an applicant appeals it to the jurisdiction's planning commission.

C.

If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the sixty-day time period allotted by subsection 12.08.06, the request shall be deemed granted.

D.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

12.08.09.

Appeals.

A.

Within sixty (60) days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

B.

If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

C.

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. No. 14-04, § I, 1-9-14)