This unified development code sets forth procedures for receiving, reviewing, and rendering decisions on applications for subdivisions, multifamily and nonresidential development, mixed use development, planned developments, and similar permits. This unified development code also sets forth the requirements for appealing decisions, and for enforcement. The procedures and requirements set forth in this unified development code shall be followed in seeking approval of any development.

A.

No person shall conduct any development activity within the jurisdictional boundaries of the City of Stockbridge without first obtaining approval of a subdivision plat, development plan, construction plans, and permits to perform such activities.

B.

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

1.

No permits shall be issued on lots described only 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 director.

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.

A.

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 director.

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

A.

The purpose of the pre-application conference is to provide an opportunity for the applicant to consult with city staff for advice and assistance prior to preparation of a preliminary plat, development plan, and other similar applications. This will enable the applicant to become familiar with the approval process, required documents, inspections, infrastructure and improvement standards adopted by the City of Stockbridge and development factors that may affect the proposed development.

B.

The intent of this unified development code is 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, failure of a participant to identify any applicable requirement or condition shall not preclude the city from requiring an applicant to comply with such requirement or condition.

C.

The applicant shall provide the following information:

1.

The City of Stockbridge application for development permit.

2.

Proof of ownership.

3.

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.

4.

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

5.

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, 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.

6.

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

7.

Proof of payment of fees.

8.

Other information as may be required by the director.

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

C.

If the director determines that the application is not complete, the director shall send notice to the applicant identifying the deficiencies. The applicant shall have thirty (30) calendar 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 director determines that the application is complete, the application shall be processed for review and action.

A.

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

1.

Preliminary and final subdivision plats for single-family residential, multiple-family residential, manufactured home developments, and all nonresidential development, pursuant to the requirements for base zoning districts, overlay zoning districts, subdivision plats for conventional subdivisions and conservation subdivision developments.

2.

Administrative variances.

3.

Development plans.

4.

Applications for minor modifications to zoning conditions and development conditions related solely to dimensional or site design standards required by the mayor and city council.

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 the applicable building and technical codes.

A.

All site development plans, although 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 the adopted subdivision ordinance.

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 no larger than twenty-four (24) inches by 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.

B.

Required Support Data and Plans.

1.

All development plans shall be accompanied by a stormwater management plan meeting the requirements of Title 15.

2.

Whenever a development proposes to disturb the regulatory floodplain, an engineering study shall be provided, in compliance with the requirements set forth in Title 15.

3.

A landscape plan shall include sufficient information to determine whether the proposed landscape improvements are in conformity with the requirements of Section 4.7, 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.

4.

Whenever a development contains protected open space, a management plan shall be provided, demonstrating compliance with the standards for resource and open space protection in Section 4.3.

5.

Whenever a development contains a floodplain or floodway, a floodplain management plan shall be provided, demonstrating compliance with Title 15, Section 15.9.

6.

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

7.

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

a.

Name and phone number of a twenty-four-hour local contact 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 "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) calendar 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 Title 15, Section 15.5 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 (½) 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 director.

A.

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

B.

The applicant shall submit two (2) copies of construction improvement plans to the Henry County Water and Sewer Authority (HCWSA).

C.

All development plans shall provide the information specified in Section 8.1 and the following information:

1.

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

2.

Depiction of existing uses in adjacent areas.

3.

Draft of proposed deed restrictions to be imposed.

4.

Zoning district of the property, including any special conditions of zoning imposed by the mayor and city council.

5.

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

6.

Total area in acres and square feet.

7.

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

8.

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

9.

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

10.

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.

11.

For mixed use projects, 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.

12.

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.

13.

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

14.

Protected open space.

15.

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 one hundred-year flood hazard, including contour elevations, and geologic features, and other protected environmental features, as set forth in Title 16, including an outline of wooded areas, vegetation, and surface drainage, together with information on methods for protection of natural features as required in this unified development code. 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 one hundred-year flood hazard area shall be shown. In addition, the foundation elevation that is a minimum of three (3) feet above the established one hundred-year flood evaluation shall be shown. This data may be shown either on the layout or in tabular form.

16.

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.

17.

Proposed buffers, landscaping, and tree protection. This shall include the location, size, and type of proposed plant materials.

18.

Location of proposed buildings to be used for commercial, industrial, recreational or public facility uses.

19.

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

20.

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.

21.

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

22.

Show the centerline stopping distance for all points of access onto public roads and posted speed limits on existing roads.

23.

Existing sewers, water mains, drains, culverts and 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. Sizes, grades and invert elevations from field surveys or other sources, consistent with the requirements of Title 16.

24.

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

25.

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 one hundred-year storm event. All storm pipes within the city right-of-way shall be approved by the city.

26.

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

27.

Final contours. Street profiles may suffice in indicating cut and fill volumes; however, in many cases, final contours must be shown on the plans.

28.

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

29.

Show the following notes on all plans:

a.

A twenty-foot wide 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 [the] city 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 city 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 city for approval prior to grading.

D.

Applications for development plans within each watershed protection area identified and regulated in Title 15 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 one hundred-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.

E.

Requirements Regarding Permanent Reference Monuments. Materials, size, and location shall conform to the following:

1.

Steel pins not less than one-half (½) 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 director.

F.

Administrative Action.

1.

The director shall make a determination of completeness as set forth in subsection 8.3.2.

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 unified development code by the director and recommendations for any changes necessary to improve the subdivision.

4.

If the development plan is determined to be deficient by the director or the HCWSA, it shall be returned to the applicant for revisions.

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 Title 15, Section 15.5 shall be approved prior to issuance of a building or development permit to begin construction.

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 unified development code and shall result in enforcement penalties as provided in Title 16. 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 in Title 16.

A.

Generally.

1.

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

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 city.

4.

All permit applications shall be complete prior to processing.

B.

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 unified development code.

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 Title 16: Environmental Protection and tree protection in Title 14.

C.

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 Title 16: Environmental Protection, 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 city shall refer the application and plan to the district for its review and approval or denial concerning the adequacy of the erosion and sedimentation control plan. The district shall approve or deny a plan within thirty-five (35) calendar days of receipt. Failure of the district to act within thirty-five (35) calendar days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the city. Such review shall not be required if the city and the district have entered into an agreement which allows the city 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 Title 15: Environmental Protection, 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 director unless the erosion and sedimentation control plan has been approved by the district and the director has affirmatively determined that the plan complies with the requirements of Title 15: Environmental Protection. 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 director, 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 unified development code. A holder of a permit shall notify any successor in title to the permit holder as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

D.

Permits for Timber Removal. Applications for permits for timber removal shall follow the requirements of either paragraph 1. or 2., below:

1.

A parcel that has been declared silvicultural shall provide the information in paragraphs a. through e. below, along with the permit application form:

a.

A certificate from the tax assessor indicating agricultural preference;

b.

A forest management plan, demonstrating compliance with the erosion control standards set forth in Title 16: Environmental Protection;

c.

A commitment to follow the Georgia Forestry Commission "Best Management Practices;" and

d.

A commitment to reforestation of the site;

e.

Upon approval by the city, a combined timber removal and logging permit shall be issued.

2.

Land designated for silvicultural activities may subsequently be developed, provided that a development plan has been prepared and approved by the director prior to any clearing, grading, clear-cutting, or other land-disturbance. Where a development plan has been approved, a land-disturbance and timber removal permit may be issued by the City of Stockbridge pursuant to procedures for land-disturbance permits in Section 8.4.