310-10.1Clearing Permit, Clearing and Grubbing Permit, and Grading Permit. The following permits covering portions of the land development process may be issued in accordance with the requirements of this UDO and the provisions of any Metropolitan River Protection Act Certificate, if applicable:

A.

Clearing Permit:

1.

A permit limited to clearing only with no grubbing or other land disturbance except for such activities necessary to install and maintain erosion and sediment control practices (as defined in the Georgia Soil Erosion and Sedimentation Act) may be authorized upon identification of the property, a specimen tree survey, the limits of the area to be cleared, the type of activities to be undertaken and the following additional items if required by the Department:

a.

Soil Erosion, Sedimentation and Pollution Control Plan.

b.

Hydrology Study.

c.

Specimen Tree Survey

d.

Specimen Tree Concept Plan.

e.

Tree Preservation and/or Replacement Plan.

2.

All clearing activities are to be consistent with the provisions of this UDO, and any conditions of zoning approval. If clearing of the required tree density units is proposed, a performance bond and a development performance agreement may be required prior to issuance of permit to guarantee tree replacement will occur in future phases.

3.

A clearing permit shall expire unless activities are commenced within 60 consecutive calendar days of issuance of the permit or if activities lapse and are abandoned for a period exceeding 60 consecutive calendar days.

4.

A clearing permit shall not be construed as approval of or authorization to construct any improvements, buildings, or other structures on the property.

5.

If landscape improvements are required by the clearing permit, then all plantings must be completed. A performance bond may be filed for incomplete work prior to the closing of such permit, if approved by the Department.

B.

Clearing and Grubbing Permit:

1.

A permit limited to clearing and grubbing only may be authorized upon identification of the property, a specimen tree survey, the limits of the area to be cleared and grubbed, the type of activities to be undertaken, and the following additional items if required by the Department:

a.

Soil Erosion, Sedimentation and Pollution Control Plan.

b.

Hydrology Study

c.

Specimen Tree Survey

d.

Specimen Tree Concept Plan

e.

Tree Preservation and/or Replacement Plan.

2.

Appropriate soil erosion, sedimentation and pollution control and tree protection measures shall be placed and maintained as required. If clearing of the required tree density units is proposed, a performance bond and a development performance agreement may be required prior to issuance of permit to guarantee tree replacement will occur in future phases.

3.

A permit for clearing and grubbing shall expire unless activities are commenced within 60 consecutive calendar days of issuance of the permit or if activities lapse and the project is abandoned for a period exceeding 60 consecutive calendar days.

4.

A clearing and grubbing permit shall be limited to the removal of vegetation and stumps and the placement of required tree protection measures and soil erosion and sedimentation facilities and may authorize the removal of existing stormwater facilities and infrastructure on the property at the option of the developer. A demolition permit is required to remove all other existing structures. No grading or construction activities may be started under a clearing and grubbing permit except for such activities necessary to install and maintain erosion and sediment control practices. The approval of a clearing and grubbing permit shall not be construed as approval of or authorization to construct any improvements, buildings, or other structures on the property.

5.

If landscape improvements are required by the clearing and grubbing permit, then all plantings must be completed of a performance bond may be filed for incomplete work prior to the closing of such permit, if approved by the Department.

C.

Grading Permit:

1.

A grading permit, which may include clearing and grubbing, may be issued prior to approval of a development permit, as provided in this UDO. A grading permit may also be issued for earth borrow or storage, where no development or construction is proposed or imminent, based on approval of a grading plan, identification of the property, a specimen tree survey, the limits of the area to be graded, the type of activities to be undertaken, and the following additional items if required by the Department:

a.

Soil Erosion, Sedimentation and Pollution Control Plan.

b.

Hydrology Study

c.

Specimen Tree Survey

d.

Specimen Tree Concept Plan

e.

Tree Preservation and/or Replacement Plan

2.

If clearing of the required tree density units is proposed, a performance bond and a development performance agreement may be required prior to issuance of permit to guarantee tree replacement will occur in future phases.

3.

A permit authorizing but limited to grading (and clearing and grubbing) shall expire unless activities are commenced within 60 consecutive calendar days of issuance of the permit or if activities lapse and the project is abandoned for a period exceeding 60 consecutive calendar days. Any site for which the grading permit expires shall be stabilized within 14 days.

4.

A grading permit shall be limited in its authorization to land grading activities along with associated tree protection, clearing and grubbing, and demolition activities, and may authorize the construction of storm drainage improvements and soil erosion and sedimentation measures as allowed by the permit itself. The approval of a grading permit shall not be construed as approval of or authorization to construct any other improvements, buildings, or other structures on the property.

5.

If landscape improvements are required by the grading permit, then all plantings must be completed. A performance bond may be filed for incomplete work prior to the closing of such permit, if approved by the Department.

D.

Tree Thinning, Timber Harvesting, or Removal of Trees for Disease or Insect Infestation Permit:

1.

A tree thinning, timber harvesting, or removal of trees permit may be issued subject to the requirements of this UDO.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 31), 9-26-2023)

310-20.1Development Permits.

A.

Development Activities Authorized. A development permit shall be issued to authorize all activities associated with the land development process, including clearing and grubbing, grading, and the construction of such improvements as streets, surface parking areas and drives, stormwater drainage facilities, sidewalks, or other structures permanently placed on or in the property. This does not authorize construction of any buildings and other structures requiring the issuance of a building permit. Sanitary sewer and water system improvements shall be authorized by the Department of Planning and Development and require the issuance of a utility construction permit prior to commencement of installation.

B.

Development Permit Approval. A development permit shall be issued at the developer's request following approval of a Metropolitan River Protection Act Certificate, if applicable, and upon approval of Development Plans, and all other documents required to be submitted by this UDO. All applications submitted for development permit approval will expire after twelve months if no permit is issued within said time period, unless otherwise authorized by the Director.

C.

Expiration of Development Permits. A development permit shall expire by limitation and shall become null and void under any one or more of the following conditions:

1.

The development activity authorized by such permit is not commenced within 12 consecutive calendar months after issuance. Work shall be considered not commenced where there are no passed inspections of the work within the stated time frame of the permit.

2.

The project or development activity is abandoned for a period exceeding 60 consecutive calendar days. The project or development activity shall be deemed abandoned where there are no passed inspections of the work within the stated time frame.

The Director is authorized to grant one permit extension for a period of time not exceeding six consecutive calendar months provided such extension is requested by the permit holder in writing prior to expiration of the permit and justifiable cause is demonstrated. Development activity must commence within this six-month period, or the permit shall expire. The Director is also authorized to grant one renewal for a permit issued in accordance with this Chapter. The renewal shall be requested by the original permit holder in writing within six calendar months following expiration of the permit showing justifiable cause.

D.

Lapse in Construction Activity. For the purposes of this UDO, a lapse in or suspension of development activity as authorized by a development permit, as a direct result of action or inaction on the part of Gwinnett County completely beyond the control of the developer, shall not be considered as a lapse in activity causing the development permit to expire. The 12 months within which development activity must begin shall exclude any such time period during which the activity is prohibited or has been caused to lapse by said County action or inaction.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 31), 9-26-2023)

310-30.1Applicable Codes. Building permits for buildings and structures are issued after meeting the applicable requirements of the fire prevention and life safety codes, the Gwinnett County Construction Code and the various health, water, sewer codes and regulations as well as the provisions of any Certificate approved under the Metropolitan River Protection Act, if applicable, subject to Chapter 14 of the Gwinnett County Code of Ordinances.

310-30.2Environmental Health Section: On-Site Sewage Disposal. For any structure for which on-site sewage disposal will be provided, a permit issued by the Environmental Health Department shall be required prior to issuance of a building permit.

310-30.3Single-Family Detached, Single-Family Attached, and Duplex Residences.

A.

A building permit for a single or two-family residence may be issued after the recording of a Final Plat or after the lot upon which the building is to be located has otherwise become a buildable lot of record, except under special circumstances limited to and as specifically described in this Section, below.

1.

In a single-family detached and duplex residential subdivision, building permits for no more than four model home units may be issued by the Department on the basis of an approved Development Plan and subject to all limitations or requirements as may be established by the Director. A Certificate of Occupancy shall not be issued for the completed model home until the Final Plat encompassing the model home building lots has been approved and recorded.

2.

In fee-simple townhouse subdivisions, a building permit may be issued on a buildable lot of record established for each building (containing any number of townhouse dwelling units) through recording of a Final Plat following completion of all required public improvements. For condominium units, upon completion of the buildings, the Final Plat shall be rerecorded to establish individual lots for the units, based on their actual locations, prior to issuance of Certificates of Occupancy.

3.

Issuance of the above building permits shall be conditioned upon the following:

a.

Fire Plan Review approval shall be required prior to issuance of any building permit.

b.

Approval of the Environmental Health Department for on-site sewage disposal or by the Department of Water Resources for a building to be served by public sewer shall be required prior to issuance of any Building Permit.

c.

Construction of the required public improvements shall proceed concurrently with construction of the buildings.

d.

No Certificate of Occupancy shall be approved for any structure within a subdivision prior to recording of the Final Plat, and submittal and approval of the Certificate of Development Conformance (CDC) and related Development Performance and Maintenance Agreement and bonds, if applicable. In the case where multiple buildings are proposed and under construction, the Director, at their discretion, may approve the issuance of a Certificate of Occupancy of a building and postpone the CDC requirement to a later date.

B.

The approval by the Department of a House Location Plan (HLP), Residential Drainage Plan (RDP), or Residential Drainage Study (RDS), may be required prior to issuance of a building permit, as noted, and conditioned on the Final Plat or as may be required for compliance with the Georgia Metropolitan River Protection Act. For such lots, a Certificate of Occupancy shall not be issued until conformance to the HLP, RDP, and/or RDS has been field verified by the Department as shown on a certified foundation survey prepared by a Registered Land Surveyor. (See Chapter 330 for plan and study specifications)

310-30.4Multi-Family and Non-residential Structures.

A.

Issuance of a building permit for any multifamily or non-residential structure (and associated accessory structures) shall first require issuance of a development permit for the building site, and the building permit shall be consistent with said development permit.

B.

Construction documents for buildings and structures must be reviewed and approved by the Planning and Development Department and other Departments prior to permitting for all structures for compliance with this Ordinance and all other codes, ordinances, and laws.

C.

Building permits shall only be issued on buildable lots of record, as defined in this UDO.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 31), 9-26-2023)

Issuance of a swimming pool permit as an accessory use to a single or two-family residence, whether to be issued at the same time as or subsequent to the permitting or construction of the residence, shall first require approval of a Swimming Pool Location Plan as described in Chapter 330. The permits shall comply with all requirements of this UDO, the Gwinnett County Swimming Pool Ordinance, and Georgia State Minimum Standards for One- and Two-Family Dwellings Code. Based on site conditions, additional plans and studies may be required prior to issuance of the permit. A Certificate of Completion shall not be issued until conformance to the Swimming Pool Location Plan (and other plans and studies, if applicable) has been field verified by the Department.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 31), 9-26-2023)