These regulations shall govern the subdivision of all land within the incorporated area of the city.

A.

Any owner of land within such jurisdiction wishing to subdivide land shall submit to the planning commission a plat of the subdivision which shall conform to all requirements set forth in these regulations.

B.

No plat of a subdivision lying within such territory or part thereof, shall be recorded in the office of the clerk of the superior court of Henry County and no subdivider shall proceed with the improvement of lots in a subdivision until such subdivision plat shall have been approved by the planning commission with such approval entered in writing on the plat by the chairman of the planning commission and then submitted to the mayor and council for review.

A.

The community development department, the public works department, and the fire marshal shall have the authority to review and approve subdivision plat required by this chapter consistent with these provisions.

B.

Neither the director, city engineer, and/or fire marshal shall have the authority to waive any requirement of this Code in the review of subdivision plat.

C.

The procedure for the review of proposed amendments or revisions to previously approved subdivision plat shall follow the process for the initial approval of subdivision plat outlined below.

A.

Prior to the preparation of the subdivision plat, the subdivider shall prepare sketch plans and general subdivision proposals. He or his agent shall then confer informally with the director regarding the suitability of the plans.

B.

The purpose of this review is to acquaint the subdivider with plans and policies that might be significant to his proposed development.

C.

Upon receiving favorable consideration, the subdivider may then proceed to prepare the preliminary plat for submission to the planning commission.

A.

Application. Upon gaining approval through the pre-application review regarding the general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with other supplementary material as deemed necessary by the director.

1.

The preliminary plat shall show all existing conditions required below and shall show all existing conditions and all proposals, including the following:

a.

Proposed name of subdivision.

b.

Name and address of owner of record.

c.

Name, address and telephone number of subdivider.

d.

Date of survey, date of plat drawing, north point and graphic scale.

e.

Location (land district and land lot), and acreage.

f.

Number of residential lots and typical lot sizes.

g.

A vicinity map indicating streets and highways, land lot lines, railroads and other significant features, within one (1) mile of the proposed subdivision, drawn at a scale sufficient to show the information required.

h.

Exact boundary lines of the trace, giving lengths, bearings and present zoning.

i.

Unit divisions or stage development, if any, proposed by the subdivider.

j.

Contour lines based on sea level datum and drawn at intervals not greater than ten (10) feet. The source of the topographic contours shown shall be specified.

k.

Natural features within the proposed subdivision, including drainage channels, bodies of water and other significant features. On all watercourses the direction of flow shall be indicated.

l.

Cultural features within the proposed subdivision, including street names, rights-of-way and pavement widths; easements; bridges; culverts; utility lines and structures; buildings; city and county lines; land lot lines; and such other information as the subdivider may desire.

m.

Proposed subdivision layout, including: Street names, central angles of street intersections, approximate street grades, street surface widths; lot lines with dimensions, lot number, block letters; building setback lines with dimensions; sites to be reserved, developed or dedicated for public uses or for nonpublic uses exclusive of single-family dwellings.

n.

Location and results of percolation tests for any lots which will not be served by a public sewage system, as required by the county health department.

o.

Location and size of all proposed drainage structures, including catch basins, curbs, gutters, grates and headwalls.

p.

Location of all proposed sanitary and storm sewer lines or improvements and any easements required with sufficient dimensions to location same on the ground.

q.

Location and description of all proposed monuments and pins.

B.

Review Process. The application shall be approved by the following divisions: Community development, public works department, and fire marshal.

The preceding provisions of this section may be waived and a shortened procedure initiated in the case of a subdivision of five (5) lots or less, and the subdivider may submit an application for final plat approval, without submitting a preliminary plat, provided:

1.

Each lot in the proposed subdivision abuts an existing public street;

2.

The proposed subdivision will not affect any major alterations of utility installations, or other existing or proposed public facilities; and

3.

The application for final plat approval meets all the applicable procedural, design and other requirements of these regulations.

A subdivider intending to use this short-cut method shall first consult with the director or his agent, supplying sufficient information to assure that the specified conditions will be met.

A.

Application. Once the land disturbance process has be completed, the subdivider shall cause to be prepared a final plat, together with other supplementary material as deemed necessary by the director. The following shall be provided at the time of the application:

1.

The final plat shall conform substantially to the preliminary plat; it may, however, represent only that portion of the approved preliminary plat which the subdivider proposes to develop and record at any one (1) time, provided that such portion conforms to the requirements of these regulations.

2.

The final plat shall be labeled "Final Plat" and contain the following information:

a.

Name of subdivision.

b.

Graphic scale, north arrow with reference of bearings to magnetic, true or grid north, and date of survey.

c.

Location of tract (land lot and land district) and acreage.

d.

All dimensions accurate to the nearest one-tenth (0.1) of a foot and all angles accurate to the nearest minute.

e.

Sufficient data to determine readily and 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 radium, length of arc, internal angles and tangent distance for the center line of curved streets.

f.

Exact locations, right-of-way widths, and names of all streets and alleys within and immediately adjoining the plat along with street center lines.

g.

Street intersection angles and street pavement widths.

h.

Building setback lines with dimensions.

i.

Blocks lettered alphabetically with lots and sites numbered in numerical order.

j.

Location, dimensions and purpose of: Easements, public service utility rights-of-way lines; areas (other than streets) to be reserved, donated, or dedicated to public use; and sites to be used for other than single-family residences.

k.

Location and size of all drainage structures, including catch basins, curbs, gutters, grates and headwalls.

l.

Location, material and description of all monuments and pins, including street markers.

m.

Certification that the applicant is the land owner and dedicates streets, rights-of-way and any sites for public use.

n.

Certification by the appropriate authorities for roads, water, sewers, and health that the subdivider has complied with one (1) of the following alternatives:

i.

All improvements have been installed in accordance with their requirements;

ii.

A performance bond has been posted in sufficient amount to assure completion of all required improvements; or

iii.

Other guarantees of satisfactory completion of required improvements have been accepted with their conditions specified in the certification.

o.

Space for the approval of the planning commission.

p.

Space for the acceptance of the mayor and council.

q.

Protective covenants, if any, shall be shown on the plat.

r.

Other data may be required by the Stockbridge planning commission in the enforcement of these regulations. This data may include final engineering design reports on proposed improvements, or other certificates, affidavits, endorsements, or dedications necessary to support the intent of these regulations.

B.

Review Process. The application shall be approved by the following divisions: The community development department, the public works department, fire marshal, and planning commission.

It shall be the responsibility of the subdivider to send the approved final plat to the clerk of superior court of Clayton County to be recorded with new number for land.

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 the City of Stockbridge, then a right of enforcement favoring the city 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 the City of Stockbridge.

3.

An equivalent legal tool that provides permanent protection, if approved by the mayor and city council.

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 unified development code.

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 vegetation on the land.

A.

Subdivisions with over three hundred (300) lots must include a pool facility, clubhouse, pocket park of at least two thousand (2,000) square feet, and at least two (2) of the following:

1.

Playground.

2.

Dog park.

3.

Tennis court.

4.

Basketball court.

5.

Walking trail.

6.

Fitness center.

7.

Picnic area with grill and covered pavilion.

8.

Community garden and reflection area.

9.

Fire pit and gathering area.

10.

Any other amenity approved by the director of community development.

B.

Subdivisions with over one hundred fifty (150) lots must include a community clubhouse and at least three (3) of the following:

1.

Pool facility.

2.

Playground.

3.

Dog park.

4.

Tennis court.

5.

Basketball court.

6.

Walking trail.

7.

Fitness center.

8.

Picnic area with grill and covered pavilion.

9.

Community garden and reflection area.

10.

Fire pit and gathering area.

11.

Any other amenity approved by the director of community development.

C.

Subdivisions with over one hundred (100) lots must include a pocket park of at least two thousand (2,000) square feet and at least two (2) of the following:

1.

Pool facility.

2.

Clubhouse.

3.

Playground.

4.

Dog park.

5.

Tennis court.

6.

Basketball court.

7.

Walking trail.

8.

Fitness center.

9.

Picnic area with grill and covered pavilion.

10.

Community garden and reflection area.

11.

Fire pit and gathering area.

12.

Any other amenity approved by the director of community development.

D.

Final approval subject to community development director review and approval.

A.

All streets and roadways that are constructed in residential, commercial or industrial areas shall include street lights, lampposts, or similar devices sufficient to illuminate all the street and walk area at night so as to permit safe passage by vehicles and pedestrians.

B.

The location, arrangement, type, and number of street lights shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and proposed use of land to be served by the rights-of-way. The standards approved by the American National Standard Practice for Roadway Lighting, as sponsored by the Illuminating Engineering Society and approved by the American Standards Association on July 11, 1973, as amended, shall also be considered.

C.

All street lights installed under this section shall be dedicated by the subdivider to the city or property owners association, as applicable, unless this requirement is expressly waived by the mayor and city council.

A.

All private streets and roadways constructed in residential, commercial or industrial areas shall conform to the minimum improvement standards otherwise applicable to public streets and roadways found in the city's unified development code, as applicable.

B.

No private streets or roadways shall be platted in any subdivision without the express consent of the mayor and city council.

A.

Generally.

1.

All stormwater detention design calculations shall be certified by a professional engineer currently registered in the State of Georgia.

2.

All stormwater detention facilities shall be designed to control the peak flow rates associated with storms having two-year, five-year, ten-year, twenty-five-year, fifty-year, and one hundred-year storm frequencies.

3.

A variety of methods of achieving stormwater management goals shall be acceptable in providing detention facilities. The type of facility provided shall be based on the following criteria:

a.

The type of development which the detention facility is being provided;

b.

The type of development which the detention facility is intended to protect;

c.

Volume of stormwater to be stored;

d.

Origin and magnitude of the flows to be managed;

e.

Topographic opportunities and limitations;

f.

Safety considerations;

g.

Maintenance requirements;

h.

Aesthetic considerations;

i.

Likelihood of facility operation interfering with access to public or private facilities;

j.

Proximity of facility to property lines, utilities, buffers, etc.; and

k.

Similar site-specific constraints.

4.

Detention facilities may be of any of the following types, and two (2) or more types may be used in combination with one another:

a.

Normally-dry basins, whether excavated or created by damming a natural drainage feature, or a combination of both methods;

b.

Lakes and ponds, whether excavated or created by damming a natural drainage feature, or a combination of both methods;

c.

Parking lot facilities;

d.

Underground facilities;

e.

Rooftop facilities.

5.

Plans, specifications and computations must be complete in detail sufficient to enable another engineer to fully check and verify the results and computations. The plans used for construction must contain basic design data, a project narrative, schedule of construction, name and address of person responsible for construction, the engineer's seal or stamp, signature and address and engineering drawings required for the project construction.

a.

The detention facility shall be provided with an overflow device or emergency spillway to accommodate the one hundred-year frequency storm in the event the outflow control structure becomes obstructed with debris.

b.

The configuration of the detention facility, outflow and overflow control devices shall be clearly depicted in plan and cross-section on the construction drawings.

c.

Graded access easement, (maximum six percent (6%) grade) around all detention ponds in areas inaccessible to vehicular traffic.

d.

Temporary sediment basins shall he designed and shown at all detention sites and all major drainage exits. The detention facility shall be designed to provide temporary silt protection.

e.

Underground detention facilities will require details that provide:

i.

The location and type of access protection for the detention facility;

ii.

An outline of maintenance procedures to be filed with the county;

iii.

Safety requirements as specified by the county for the site.

B.

As Constructed Certification of Detention Pond. After construction and before acceptance for occupation or otherwise the engineer shall submit a certified field run topographic map of the detention area and a revised hydrology study using the as-built topographic map to verify that the required detention storage and outflow rates are being provided.

C.

Detention Pond Fencing. When a detention structure is over four (4) feet deep or in a location that constitutes a danger to human habitation, it shall be protected by a permanent fence or barrier and warning signs. Fences shall be five-foot high chain link or other approved material with a ten-foot-wide gate. Fences shall be located on the outside edge of the twenty-foot perimeter easement.

D.

Detention Pond and Drainage Easements. Drainage easements suitable for the construction and maintenance of the drainage system shall be provided. No fences shall be built that would inhibit proper function of the drainage system. All subdivision lots shall have a ten-foot drainage easement along all side lot lines. All detention facilities shall be accessible from a public street by a minimum thirty-foot graveled easement, which easement shall also be available to the city, and there shall be an easement for the detention facility, including twenty (20) feet around the outside perimeter of the facility. No fences or planting of shrubbery shall be allowed on the access easement. The easement providing access to the city for maintenance shall appear on the final plat for subdivision approval.

A.

The titleholder to the property at the time of development of property for residential, commercial or industrial purposes shall have the duty, responsibility and liability for the operation and maintenance of all detention facilities and ponds that serve the development. Operation and maintenance shall be conducted according to all other applicable city code provisions existing as of the date hereof and as subsequently amended by the city.

Upon the expiration of the maintenance bond posted for the facilities, residential facilities may be transferred to a homeowner's association that is validly existing under the laws of the State of Georgia that has the legal ability to assess and collect fees for the maintenance of the facilities. Thereafter, the homeowner's association shall be responsible for the payment of all costs that are incurred for the maintenance of the facility according to the ordinances of the city.

The property upon which the facilities are located cannot be included in the description of any lot located in a residential subdivision. Detention ponds and facilities that are located on commercial and industrial properties shall follow the title to the property upon which such facilities are located, and the owner of the property, after the expiration of the maintenance bond, shall be fully liable and responsible for the maintenance of the facilities.

B.

The city shall have a perpetual nonexclusive easement over and across all access easements to the detention ponds and facilities, together with a nonexclusive easement over, above, under and through the detention pond and facilities for the purpose of the operation and maintenance of such facilities.

C.

In the event the owner of the detention facility fails to maintain the facility as required by the city Code, the city shall have the right to call upon the maintenance bond if the same is still in existence to pay for any costs incurred for the operation, maintenance, repair, removal or reconstruction of the facilities. In the event that the maintenance bond has expired, the city shall give notice to the property owner or owners who are served by the facilities to make the necessary repairs thereof, giving them a specific date in which the maintenance and repairs of the facilities are to commence and to be completed. In the event the property owner fails to commence and/or complete the facilities within the time specified in the notice, the city shall have the right and authority to enter upon the property to operate, maintain and repair the facilities. The titleholders of the facilities and the properties serviced by the facilities shall be responsible for the reimbursement of all costs incurred by the city for the operation, maintenance and repair of the facilities. The city shall be authorized to protect its interest by filing a lien upon all properties being served by the facilities and to enforce the liens through the collection of additional fees from the property owners being served by the facilities.

A.

The property upon which the stormwater facilities are located cannot be included in the description of any lot located in a residential subdivision. Detention ponds and facilities that are located on commercial and industrial properties shall follow the title to the property upon which such facilities are located, and the owner of such property, after the expiration of the maintenance bond, shall be fully liable and responsible for the maintenance of such facilities, while residential facilities may be transferred to a homeowner's association that is validly existing under the laws of the State of Georgia where such entity has the legal ability to assess and collect fees for the maintenance of those facilities.

In the event of such a transfer, the homeowner's association shall be responsible for the payment of all costs that are incurred for the maintenance of the facility according to the ordinances of the city.

B.

The city shall have a perpetual nonexclusive easement over and across all access easements to the detention ponds and facilities, together with a nonexclusive easement over, above, under and through the detention pond and facilities for the purpose of the operation and maintenance of such facilities.

C.

In order to facilitate the maintenance and inspections contemplate by this section, it shall be required that all final plats submitted to the county for review shall include an unencumbered nonexclusive easement from an existing public roadway to any stormwater detention structure or pond. Those easements shall be identified upon the final plat. The access easement shall be a minimum of thirty (30) feet in width and shall be at least graveled to accommodate the equipment necessary to clean and maintain both the easement and the structure or pond.

After completion of the physical development of the subdivision, the developer shall contact the building department for a checklist that specifies the procedure in obtaining the various approvals from county departments which will release the subdivision for final plat consideration. As part of this process, the developer/subdivider shall submit a final plat and as-built drawings, including those for sewer, water, detention ponds and stormwater systems, and roads. As-built drawings shall be submitted in electronic form in a format to be determined by the city. The developer shall also be responsible for providing an electronic copy of as-built water and sewer system drawings to the Henry County Water and Sewerage Authority.