The Peach County Planning Commission shall be the official platting authority.

121.1. General application. Any person proposing to subdivide land within the unincorporated areas of the county shall submit to the planning commission preliminary and final plats of the proposed subdivision which shall conform to all the requirements set forth in these regulations.

121.2. Preliminary plat approval required prior to construction. No subdivider shall proceed with any construction work on a proposed subdivision before obtaining preliminary plat approval from the planning commission, as certified thereon.

121.3. Recording of final plat required prior to sale of lot. No subdivider shall sell or negotiate to sell any lot in a proposed subdivision by reference to or exhibition of or by any other use of a plat of such subdivision, until such plat has been given final approval by the planning commission, as certified thereon, and recorded in the office of the clerk of the superior court of Peach County.

121.4. Legal status of public street required. No land dedicated as a public street shall be accepted, opened, or improved, nor shall any utilities or other facilities be installed therein, unless such street shall have been accepted or opened as, or otherwise shall have received the legal status of, a public street prior to January 9, 1973, or unless such street corresponds in its location and lines with a street shown on a plat approved by the planning commission or on a plat made and adopted by the planning commission; provided, however, that the county commission may locate and construct or may accept any other street, if the resolution or other measure for such approval be [is] first submitted to the planning commission for its review and comment.

121.5. Access to public street required. No building permit shall be issued for and no building or other structure shall be erected on any lot within the unincorporated areas of the county, unless such lot has access to a street which shall have been accepted or opened as, or otherwise shall have received the legal status of, a public street; provided, however, that private streets and other private accessways may be approved under the terms of these rules and regulations in community unit plans, group development plans, PUD developments, condominium projects, apartment projects, townhouses, commercial developments, shopping centers, or other developments.

Whenever the subdivision of a tract of land within the jurisdiction of the commission is proposed, the subdivider may, at his discretion, consult early and informally with the zoning enforcement official for advice and assistance. The subdivider may submit sketch plans and data showing existing conditions within the site and in its vicinity and the proposed layout and development of the subdivision. If the tract of land is not to be initially subdivided in its entirety, the subdivider shall provide sketch plans for the entire tract and indicate the proposed unit divisions or staged development boundaries.

The zoning enforcement official shall return within 15 days the submitted sketch plans to the subdivider and shall inform the subdivider where the plans do not comply with the regulations set forth in this resolution. No fee shall be charged for the preapplication review and no formal application shall be required.

Prior to the cutting or grading of any street or the making of any street improvements or the installation of utilities, the subdivider shall submit to the commission a preliminary plat of the proposed subdivision in accordance with the following procedure:

123.1. Application for preliminary plat approval. Following any preapplication review of the proposed subdivision, the subdivider shall submit to the zoning enforcement official, not less than 14 nor more than 30 days prior to the next regular meeting of the commission, a letter requesting review and approval of a preliminary plat, and eight copies of the preliminary plat and other documents, as specified in section 123 herein. The zoning enforcement official shall then distribute to the members of the planning commission and to the county health department one copy each of the preliminary plat and maintain one copy for his file.

123.2. Review of preliminary plat. The zoning enforcement official shall check the plat for conformance to the rules and regulations set forth in this document. The county health department shall review the proposed method of sewage disposal, water supply, and stormwater runoff for the subdivision and express its written approval, disapproval, or approval subject to listed modifications to the zoning enforcement official before the first regular meeting of the commission following submission of the preliminary plat. Failure of the county health department to notify the zoning enforcement official of its findings before the first regular meeting of the commission following submission of the preliminary plat, without due cause, as determined by the planning commission, shall be deemed to be approval of the proposed subdivision by the county health department.

123.3. Hearing on preliminary plat. Notice of time and place of hearing shall be sent to the name and address of the subdivider which is on the preliminary plat. This notice shall be sent by registered or certified mail to said name and address not less than five days before the date of hearing. The planning commission shall hold a hearing on the preliminary plat at the first regular meeting of the planning commission following submission of the preliminary plat for review. The zoning enforcement official shall present to the planning commission, at the hearing on the preliminary plat, his findings, negotiations, and recommendations and the findings of the county health department.

123.4. Preliminary approval. Following the hearing of the preliminary plat and other related material, the commission may issue a certificate of preliminary approval noting the conditions of such approval on four copies of the preliminary plat with one copy being returned to the subdivider, one copy to the county health department, one copy to the zoning enforcement official, and one copy to be added to the records of the commission. Approval of a preliminary plat does not constitute approval of a final plat. It indicates only approval of the layout as a guide to the preparation of the final plat.

123.5. Expiration time. Preliminary approval shall expire and be of no further effect 12 months from the date of the preliminary approval unless the time is extended by the commission.

123.6. Disapproval. Following the hearing on the preliminary plat and other related material, the commission may find reasons detrimental to the public safety, health, and general welfare, or in conflict with adopted plans of the commission, which require the disapproval of the preliminary plat. A statement of the reasons for disapproval shall be made on three copies of the preliminary plat with one copy being returned to the subdivider, one copy to the county health department, and one copy being added to the records of the commission. The applicant may reapply for preliminary plat approval in accordance with section 123.1 herein.

123.7. Automatic approval. Failure of the commission to act on the preliminary plat within 30 days after submission thereof shall be deemed to be approval of the plat and a certificate of preliminary approval shall be issued by the commission on demand, provided, however, that the subdivider may waive this requirement and consent to an extension of time.

124.1. Scale. The preliminary plat shall be clearly and legibly drawn at a scale not smaller than 100 feet to one inch.

124.2. Sheet size. The preliminary plat shall be drawn in ink on suitable permanent reproducible material. If the complete plat cannot be shown on one sheet, it may be shown in sections on more than one sheet with an index map drawn at a reduced scale.

124.3. Ground elevations. The preliminary plat shall show ground elevations, based on the datum plane of the U.S. Coast and Geodetic Survey, or of the U.S. Geological Survey, with a contour interval of five feet (or less if determined necessary by the planning commission).

124.4. Existing conditions to be provided on preliminary plat. The preliminary plat shall contain the following information:

a.

Title ("preliminary plat"), numerical scale, graphic scale, north arrow, indicating both magnetic and true north, date, inscription stating "Not for Final Recording."

b.

A vicinity map showing the location of the tract with approximate distances to obvious geographical locations.

c.

Present tract designation according to official records, title under which proposed subdivision is to be recorded with names and addresses of owners and any mortgagor or holder of an encumbrance on the property to be subdivided, name and address of subdivision designer, notation stating acreage to be subdivided, benchmarks, certification of registered land surveyor, date of survey.

d.

Zoning district classification of the proposed subdivision and of adjoining properties.

e.

Deed record names and addresses of adjoining property owners or subdivisions.

f.

Other conditions on adjacent land—character and location of buildings, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences.

g.

Boundary lines, bearings and distances; a legal description of the tract proposed to be subdivided according to the records in the office of the clerk of superior court of Peach County. The legal description may be submitted as a separate document if desired.

h.

Existing easements—location, width, and purpose.

i.

Existing streets on and adjacent to the tract—name, right-of-way width; roadway width.

j.

Utilities on and adjacent to the tract—location, size, and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles; if water mains and sewers are not on or adjacent to the street, indicate the direction and distance to and size of nearest ones, showing invert elevation of sewers (if use of public sewers is proposed).

k.

One soil percolation test hole per acre where the subdivision is not to be served by a public sewer system and other subsurface and soil conditions studies of the tract as specified by the county health department or the planning commission.

l.

Other conditions on the tract—wooded areas, tree masses, major rock outcroppings, houses, barns, shacks, all watercourses, marshes, swamps, and land subject to flood as determined from past history of floodings, and other significant features.

m.

In case of resubdivision, a copy of existing plat with proposed changes superimposed thereon.

n.

For proposed subdivisions greater than 50 lots or five acres, whichever is the lesser, the preliminary plat shall include elevation data for the 100-year flood, i.e., the flood having a one percent chance of being equalled or exceeded in any given year.

124.5. Proposed conditions to be provided on preliminary plat.

a.

Layout of streets showing right-of-way and roadway widths, road names or designations, grades and cross sections.

b.

Other rights-of-way or easements; location, width, purpose, and ownership.

c.

Layout of all lots, including minimum building setback lines, approximate lot dimensions, utility easements with width and use on all lots, lot numbers and block numbers, and a listing of lot areas (which may be submitted as a separate document).

d.

Preliminary plan of any sanitary sewers with grades, service, pipe sizes, and points of discharge, together with certified copy of all load design factors and computations.

e.

Preliminary plan of storm drainage system with grade, pipe size, and location of outlet, together with certified copy of all drainage areas, design factors, and computations.

f.

Preliminary plan of water supply system with pipe sizes and location of hydrants, valves, and all appurtenances.

g.

Designation of all land to be reserved or dedicated for public use, together with their purpose and limitations or conditions of such reservations or dedications, if any.

h.

Draft of proposed deed restrictions or protective covenants (if any) to be imposed.

i.

Sites, if any, for multiple-family dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings.

124.6. Certificate of preliminary approval. A certificate of preliminary approval of the preliminary plat by the commission shall be inscribed on the plat as follows:

In that all the requirements of preliminary approval have been fulfilled (and with consideration to any conditions noted below), this subdivision plat was given preliminary approval by the Peach County Planning Commission on ________, 20___. The preliminary approval does not constitute approval of the final plat. This certificate of preliminary approval shall expire and be null and void on ________, 20___.

NOT FOR FINAL RECORDING

124.7. Installation of site improvements. After receiving a certificate of preliminary approval by the commission, the subdivider may then proceed to grade the streets and install all improvements required under this regulation and any other applicable regulations of the county. In lieu of the completion of all improvements prior to submission of the final plat, the subdivider may post a performance bond or cashier's check with the county in an amount equal to the cost of providing such improvements, providing for and assuring to the board of commissioners the actual construction and installation of such improvements within the period of time specified by the planning commission and stated in the bond.

After completion of the physical development of the subdivision or the posting of a performance bond or cashier's check to guarantee the same, the subdivider shall submit to the commission a final plat in accordance to the following procedure:

125.1. Application for final plat approval. Within 12 months (or within such additional time as may be granted by the commission) after approval of the preliminary plat, the subdivider may submit to the zoning enforcement official not less than 14 [n]or more than 30 days prior to the next regular meeting of the commission, a letter requesting review and approval of the final plat, an original tracing drawn on suitable reproducible material and printed copies of the final plat, and other documents as specified in section 125 herein. The zoning enforcement official shall distribute to the members of the planning commission and to the county health department one copy each of the final plat and maintain one copy for his file.

125.2. Review of the final plat. The zoning enforcement office shall check the plat for conformance with the tentatively approved preliminary plat, and with regulations of this resolution. The county health department shall review the final plat and transmit its written approval, disapproval or approval subject to certain indicated conditions to the zoning enforcement official before the first regular meeting of the commission following submission of the final plat.

125.3. Hearing on the final plat. Notice of time and place of hearing shall be sent to the name and address of the subdivider which is on the final plat. This notice shall be sent by registered or certified mail to said name and address not less than five days before the date of hearing. The planning commission shall provide a hearing on the final plat at the first regular meeting of the planning commission following submission of the final plat for review. The zoning enforcement official shall present to the planning commission, at the hearing on the final plat, his written findings and recommendations and the written findings of the county health department.

125.4. Planning commission approval. The commission may give final approval, provided the final plat is the same as that granted preliminary approval by the commission and that all conditions specified by the commission and specified herein have been met; and shall sign a certificate of approval on all plats with the original plat being filed by the planning commission, upon receipt of necessary filing fees, with the clerk of the superior court of Peach County. In addition, one copy of the plat shall be returned to the subdivider for his records, a certified reproducible sent to the county clerk, one copy to the zoning enforcement official, one copy to the county health department, and one copy being added to the records of the commission.

a.

The planning commission shall have the certified original reproducible of the final plat presented to the clerk of the superior court of Peach County, Georgia, to be recorded. The planning commission shall provide the subdivider with the subdivision map book number and page number in which the subdivision has been recorded by the clerk of the superior court. The cost of such recording shall be paid by the subdivider and shall be deposited with the planning commission prior to such recording.

b.

After the final plat of the subdivision has been recorded, then all lots shown on such subdivision shall be entitled to all privileges and services available to other subdivisions within the county.

125.5. Commission disapproval. The commission may find the final plat in conflict with the tentatively approved preliminary plat or with this resolution requiring the disapproval of the final plat. A statement of the reasons for disapproval shall be placed on three prints of the final plat with one copy being returned to the subdivider, one copy to the county health department, and one copy being added to the records of the commission. No certificate of approval shall be given. The original plat and the additional copies shall be returned to the subdivider. The final plat may be resubmitted as a new application for final plat approval for hearing after the corrections noted by the commission are made.

125.6. Automatic approval. Failure of the commission to act on the final plat within 30 days after submission thereof shall be deemed to be approval of the plat, and a certificate of final approval shall be issued by the commission on demand, provided, however, that the subdivider may waive this requirement in writing and consent to an extension of time.

126.1. Conformance with the preliminary plat. The final plat shall conform to the conditions of the tentatively approved preliminary plat.

126.2. Original tracing specifications. The final plat shall be clearly and legibly drawn on suitable permanent reproducible material. The scale shall be 100 feet to the inch on sheets 18 inches by 24 inches with a 1½-inch border on the top, bottom, and right sides and a two-inch border on the left side. If the complete plat cannot be shown on one sheet of this size, it may be shown in sections on more than one sheet with an index map at a reduced scale.

126.3. Additional specifications. The final plat shall contain the following information:

a.

Primary control points and benchmarks with necessary descriptions and locations of such control points, including all dimensions, angles, bearings, and similar data necessary for proper location.

b.

Tract boundary lines, right-of-way lines of streets, easements, and property lines of residential lots and other sites with sufficient data to determine readily and to reproduce on the ground the location, bearing, and length of every street line, lot line, boundary line, and building line, whether curved or straight. This shall include but not be limited to the radius; length of arc; internal angles, and bearings of the tangents and tangent distances for the centerline of curved streets and curved property lines that are not the boundary of curved streets. All dimensions shall be given to the nearest one-hundredth of a foot and all angles shall be given to the nearest minute.

c.

Name and right-of-way width of each street or other right-of-way.

d.

Location, dimensions, and purpose of any easements.

e.

Number or letter to identify each lot and block.

f.

Purpose for which sites, other than residential lots are dedicated or reserved.

g.

Minimum building setback lines on all lots and other sites.

h.

Location and description of monuments and markers.

i.

Names of record owners of adjoining unplatted land.

j.

Reference to recorded subdivision plats of adjoining platted land by record, name, date, and number.

k.

Title, numerical scale, graphic scale, north arrow, and date.

l.

Location map showing site in relation to obvious geographical localities.

m.

A complete listing of the deviations from the conditionally approved preliminary plat made by the subdivider.

n.

Certification by the county clerk that the developer has complied with one of the following alternatives:

1.

"All improvements have been installed in accordance with the requirements of the county subdivision regulations and other applicable regulations," or

2.

"A security bond or cashier's check has been approved and accepted by the county in sufficient amount to assure the completion of all required improvements in accord with the requirements of the county subdivision regulations and other applicable regulations."

o.

Protective covenants or deed restrictions, if any, shall be placed directly on the final plat or attached thereto in form for recording.

p.

Notation of the necessary certifications shall be placed on the final plat as specified below in section 126.4—126.8.

126.4. Surveyor's certification. A signed certification by a registered land surveyor certifying to the accuracy of the survey and the plat shall be placed on the final plat as follows: "In my opinion this plat is a correct representative of the land platted and has been prepared in conformity with the minimum standards and requirements of law and has been calculated for closure by latitudes and departures and is found to be accurate within one foot in _______ feet."

126.5. Owner's certification. A signed certification of ownership shall be placed on the final plat as follows:

"Owner's Certification:

State of Georgia, County of Peach

The undersigned certifies that he is the owner of the land shown on this plat and acknowledges this plat and allotment to be his free act and deed and dedicates to public use forever all areas shown or indicated on this plat as streets, alleys, easements, or parks."

126.6. Health department certification. A signed certification of the Peach County Health Department shall be placed on the final plat as follows:

"I certify that the general lot layout shown on this plat has been approved by the Peach County Health Department for development with _______."

The blanks in the above certification statement shall be completed by the director of the health department, or his representatives, so as to indicate whether approval is based upon the use of individual sewerage systems, individual water supplies, a community sewerage system, a community water supply, or a combination thereof.

126.7. Certificate of approval by the county. A signed certification of the county shall be placed on the final plat as follows:

"We certify that the owner, or his agent, has completed the construction and installation of the streets, drainage, utilities, and other improvements in accordance with the Regulations of Peach County, Georgia, and the requirements of the Peach County Planning Commission."

126.8. Additional technical information required. The planning commission may require technical information showing "as-built" conditions in addition to that submitted on the final plat. Such information may include:

(a)

Final profiles of grades for streets.

(b)

Final plans of sanitary sewers with grade, pipe sizes, and point of discharge.

(c)

Final plan of storm drainage system with grade, pipe sizes, and location of outlets.

(d)

Final plan of water supply system with pipe sizes, location of hydrants, and valves.

(e)

Final conditions of any information shown on the preliminary plat.