Whenever any site development or subdivision of a tract of land is proposed to be made, whether for residential or non-residential development, the subdivider/developer is encouraged to submit for review with the Department, preliminary documents and graphic exhibits for an early evaluation of the project's intentions and coordination with this UDO, the Unified Plan, the Metropolitan River Protection Act, the Gwinnett County Architectural Design Standards, the UDO Design Guidelines, and other applicable standards and regulations, at which time the Department will inform and provide the subdivider/developer with the necessary regulations in order to properly accomplish the proposed project. Requests for a Pre-Application Meeting shall be submitted as prescribed by the Director.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 32), 9-26-2023)

320-20.1Plan Review and Approval Procedures.

A.

An application for Development with Subdivision shall be submitted to the Department as prescribed by the Director. The application shall include the Preliminary Plat, Development Plans, construction drawings, and related documents as appropriate to the project. All construction drawings and other engineering data shall be prepared and sealed by an authorized registered professional currently registered in the State of Georgia, in accordance with provisions of Georgia Law.

B.

Following submission to the Department of Development Plans and all drawings required for development permit review, a clearing and grubbing or grading permit, if permitted by zoning or zoning conditions, may be issued at the developer's request based on the approval of a Tree Protection Plan, Soil Erosion, Sedimentation and Pollution Control Plan, stormwater management report (hydrology study), and related construction drawings consistent with an approved Certificate issued under the Metropolitan River Protection Act, as applicable. The grading permit shall be limited to the area included within the Development Plans and may be further conditioned as deemed appropriate or necessary pending development permit approval.

C.

The Director may indicate on a review copy of the drawings, in written memorandum, or electronically, all comments related to compliance of the Development Plans with this UDO, principles of good design, conditions of zoning approval, and the regulations of other County departments and State agencies as appropriate. The Director shall have final staff authority to determine the applicability of any and all comments under this UDO or conditions of zoning approval.

D.

The Director may not approve any Development Plans whereon is shown a proposed buildable lot which would present particularly unusual difficulties for construction of a building, which would clearly require a variance or waiver to be reasonably usable, or which is otherwise "unbuildable" because of its unusability, whether due to the presence of floodplain, unusual configuration, lack of public utilities or for any other reason. A House Location Plan (HLP) may be required to be filed as a part of the Development Plans approval to substantiate the buildability of any such difficult or unusual lot.

E.

The subdivider shall be responsible for compliance with all codes, regulations, and zoning requirements and for the satisfaction of all of the noted and written comments of the Director.

F.

Should an applicant disagree with the findings or final review comments of the Director or of any other County department, concluding that factual or interpretive errors have been made, the following appeal procedure shall be followed to resolve the issues.

1.

Submit to the Department of Planning and Development a written statement clearly defining the nature of the disagreement, the specific reference to the Sections of the regulations at issue, and the applicant's own opinion.

2.

Should the Department under appeal fail to respond within 30 working days from the date of transmittal of the appeal, the Director shall automatically forward a copy of the appeal to the Zoning Board of Appeals, or Board of Commissioners, as appropriate, for final action in their normal course of business. This requirement shall not prohibit an applicant from filing an appeal to the Zoning Board of Appeals at any time.

G.

When the Director has determined that the Development Plans and related documents are in compliance with all applicable County regulations and zoning requirements, and a Metropolitan River Protection Act Certificate, if applicable, has been issued and approval has been received from all affected County departments, the Director or designee shall sign and date a CERTIFICATE OF DEVELOPMENT PLANS APPROVAL stamped on a reproducible copy of the plans. The approved Development Plans shall be transmitted to the applicant and retained by the Department for its records.

H.

Interdepartmental Review and Approval. The Department shall not issue a permit for any development activities until the plans, plats, or construction drawings, as applicable, have been approved by such other departments or agencies as may have authority or jurisdiction over said activities in whole or in part.

I.

Following the above approval by all affected County departments, a development permit shall be issued at the developer's request to begin construction activities based on the approved development plans.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 32), 9-26-2023)

320-30.1Plan Review and Approval Procedures.

A.

An application for Development without Subdivision shall be submitted to the Department, as prescribed by the Director. The application shall include the Development Plans, construction drawings, and related documents as appropriate to the project. All construction drawings and other engineering data shall be prepared and sealed by an authorized registered professional currently registered in the State of Georgia, in accordance with the provisions of Georgia Law.

B.

The Director may indicate on a review copy of the drawings, in a written memorandum, or electronically all comments related to compliance of the Development Plans with this UDO, principles of good design, conditions of zoning approval, and the regulations of other County departments and State agencies as appropriate. The Director shall have final staff authority to determine the applicability of any and all comments under this UDO or conditions of zoning approval.

C.

The developer shall be responsible for compliance with all codes, regulations, and zoning requirements and for the satisfaction of all of the noted and written comments of the Director.

D.

Deeds to lands dedicated to Gwinnett County in fee simple, shall be recorded. Copies of recorded deeds shall be submitted to the Department.

E.

Should an applicant disagree with the findings or final review comments of the Director or of any other County department, concluding that factual or interpretive errors have been made, the following appeal procedure shall be followed to resolve the issues:

1.

Submit to the Department of Planning and Development a written statement clearly defining the nature of the disagreement, the specific reference to the Sections of the regulations at issue, and the applicant's own opinion.

2.

Should the Department under appeal fail to respond within 30 working days from the date of transmittal of the appeal, the Director shall automatically forward a copy of the appeal to the Zoning Board of Appeals, or Board of Commissioners, as appropriate, for final action in their normal course of business. This requirement shall not prohibit an applicant from filing an appeal to the Zoning Board of Appeals at any time.

F.

When the Director has determined that the Development Plans and related documents are in compliance with all applicable County regulations and zoning requirements, and a Metropolitan River Protection Act Certificate, if applicable, has been issued and approval has been received from all affected County departments, the Director or designee shall sign and date a CERTIFICATE OF DEVELOPMENT PLANS APPROVAL stamped on a reproducible copy of the plan. The approved Development Plans shall be transmitted to the applicant and retained by the Department for its records.

G.

Interdepartmental Review and Approval. The Department shall not issue a permit for any development activities until the plans or construction drawings, as applicable, have been approved by such other departments or agencies as may have authority or jurisdiction over said activities in whole or in part.

H.

Following the above approval by all affected County departments, a development permit shall be issued at the developer's request to begin construction activities based on the approved development plans.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 32), 9-26-2023)