10.00.01   Purpose.

This chapter sets forth the procedures for receiving, reviewing, and rendering decisions on applications for development, including all residential and nonresidential development and planned developments, as well as applications for rezoning, and all types of permits. This chapter also sets forth the requirements for appealing decisions and enforcement. It is the City's intent that the procedures and requirements set forth in this LDC shall be followed in order to seek approval for any development.

10.00.02   Qualifications for preparation of plans.

A.

NPDES Permitting. All persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity with regard to NPDES permitting shall meet the education and training certification requirements as developed by the State Soil and Water Conservation Commission pursuant to the Georgia Erosion and Sedimentation Act of 1975, as amended.

B.

Professional engineer or consultant required. Should certain design calculations be required to resolve flow problems, possible erosion or drainage problems, or other detailed design problems which might be encountered in the process of preparing the required improvement plan, the Manager shall be authorized to require the services of a professional engineer in the improvement plan design process. Should such services be required, such plans shall reflect the applicable state registration. All professional surveying or engineering service costs shall be the sole responsibility of the applicant.

10.00.03   Approvals required.

A.

Subdivision Plat Required.

1.

Platting Review Required.

a.

All plats of subdivision of land within the City of Tifton shall not be recorded in the office of the Clerk of Tift Superior Court unless it has been approved per the provisions of the chapter.

b.

The filing or recording of a plat of a subdivision without the approval of the appropriate reviewing bodies and/or authorities as required by this LDC is declared to be a violation.

c.

No approval shall be required if no subdivision of land is anticipated, no new streets or roads are created or no new utility improvements are required or no new sanitary sewer or approval of a septic tank is required. If no approval of the Zoning Administrator is required, there shall be entered or stamped on any plat of survey the following: "No approval of the Zoning Administrator of the City of Tifton is required prior to recording this plat. This _____ day of _______, _____, by ___________, Registered Surveyor, License No. ___________".

2.

Use of Plat. The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to, exhibition of, or other use of a plat of a subdivision that has not been given final approval by the Director and recorded in the office of the clerk of the Superior Court of Tift County is prohibited, and the description by metes and bounds in such an instrument of transfer or other document shall not exempt the transaction from prescribed penalties.

3.

Opening and Improving Public Streets. The governing authorities shall not accept, lay-out, open, improve, grade, pave, or light any street, or lay any utility lines in any street, which has not attained the status of a public street prior to the effective date of this LDC, unless such street corresponds to the street location shown on an approved subdivision plat or the Major Thoroughfare Plan; provided that the governing authority may accept, lay out, open, and improve any street not so platted if it first submits such proposed action to the Planning Commission for its review and comment. Developers of subdivisions will be solely responsible for acquiring all rights-of-ways so that in the event the City of Tifton needs to perform maintenance, rights-of-ways will be in place.

4.

Issuance of Building Permits. A building permit will not be issued for a parcel of land, lot, tract, or building site subject to this LDC unless the parcel is a lot of record for Tift County.

B.

Building Permit Required. A building permit, or a sign permit in case of a sign, is required in advance of the initiation of construction, erection, moving, demolition, or alteration of any building or structure or sign. No building or sign permit shall be issued except in conformity with the provisions of this LDC; however, applications for permits received before the adoption of this LDC shall remain valid according to the requirements in place at the time of receipt, provided all requisite documentation and information has been delivered to the Director necessary for the issuance of a permit.

C.

Site Development Plan Required.

1.

A site development plan is required for approval of all single family residential development, all multi-family residential development, and all non-residential development. Multi-family residential development means any development with three (3) or more dwelling units per building.

2.

The development plan must demonstrate compliance with all design standards required for development in the zoning district in which the use is proposed.

3.

A recorded plat is required for all developments.

D.

Land Disturbance Permit Required.

1.

No person shall conduct any land-disturbing activity without first obtaining a permit if required from the reviewing bodies to perform such activity, see Section 3.01.01.

2.

Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall be at all times the responsibility of the property owner as well as the developer and any other parties designated for design or development work on the property by the property owner.

E.

Certificate of Occupancy or Completion Required. A certificate of occupancy or completion issued is required in advance of occupancy or use of:

1.

A building hereafter erected.

2.

A building hereafter altered so as to affect height or location.

3.

Any building or premises where a change in the type of use will occur.

F.

Certificate of Appropriateness Required.

1.

Required for Designated Historic Properties. After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of such historic property or of a structure, site, or work of art within such historic district, including but not limited to demolition, shall be made or be permitted to be made by the owner or occupant thereof unless and until an application for a certificate of appropriateness has been filed, and such application has been approved and a certificate of appropriateness has been issued pursuant to the provisions of this LDC.

2.

Exemptions for State and Local Government Entities. Notwithstanding any other provision concerned in this LDC, the Georgia Department of Transportation (GDOT) and any contractors, including cities and counties, performing work funded by GDOT are exempt from this LDC and the City of Tifton, Tift County, the State of Georgia and the Tift County Board of Education are exempt from the requirement of obtaining certificates of appropriateness; provided, however, that such local government entities shall notify the commission forty-five (45) days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an opportunity to comment relative thereto.

G.

Major Changes to Approved Site Development Plan. Major changes to an approved development plan, as defined below, shall require specific approval of an amended development plan.

1.

Altering the amount and velocity of stormwater runoff from the site;

2.

Increasing the amount of impervious surface by more than 10 percent within the development;

3.

Altering the overall density of development; or

4.

Increasing the amount of excavation, fill, or removal of vegetation during construction.

H.

Exempt Situations. The following situations are exempt from the requirement to obtain an approved project 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;

3.

Farm-related development on a bona fide farm as defined in Section 1.09.02; and

4.

Single-family detached homes constructed within an approved, platted, and recorded subdivision. Single family detached homes on lots of record that are not part of a project development plan are also exempt.

10.00.04   Expiration of approvals.

A.

Land Disturbance Permit. If construction described in a land disturbance permit has not commenced within six (6) months from the date of issuance of the permit, the permit shall expire. If construction described in a land disturbance permit is suspended or abandoned after work has commenced, the permit shall expire six (6) months after the date that work ceased.

B.

Building Permit. Any building permit shall become void if the work involved has not begun within six (6) months after the date of issuance of the permit or if the work or development authorized by such permit is suspended or abandoned for a period of six (6) months after the work of development is commenced; provided that extensions of time and periods not exceeding six (6) months each may be allowed in writing by the Manager.

C.

Preliminary Plats. Preliminary approval grants the developer a maximum time of eighteen (18) months within which he shall submit his improvement plan and final plat for approval unless a time extension is granted before the expiration of the eighteen (18) month period. If such time extension is granted, it shall be for not more than twelve (12) additional months. Failure to submit improvement plans and final plat within this time period, including extension if any, shall invalidate preliminary plat approval and require resubmission of preliminary plat.

D.

Improvement Plan Approvals. Improvement plan approvals are valid for twenty four (24) months. If the subdivision is sold prior to completion and final platting, a mandatory review by the Department of Community Development shall be required.

E.

Extensions. The time period for which a permit is valid may be extended for up to six (6) months where an application for such extension is filed and such extension has been granted in writing by the Manager.

(Ord. No. 2018-21, (Exh. A), 10-15-2018)

10.00.05   Resubmittal of denied applications.

No application for a zoning change affecting the same parcel of property (under same Tax I.D. and/or under same ownership) or part thereof shall be accepted until the expiration of at least six (6) months immediately following the denial of the rezoning request by the governing authority.

10.00.06   Requirements regarding developments of regional impact (DRI).

The Georgia Department of Community Affairs (DCA), pursuant to the Georgia Planning Act, has established criteria for the identification of certain large-scale developments, which have the potential to cause land use impacts beyond the boundaries of the respective local government where a project might be proposed. These developments, known as Developments of Regional Impact (DRIs), shall be submitted, based on established DCA standards, procedures, and format, to the Southern Georgia Regional Commission (SGRC) for review and recommendation prior to issuance of any local building or development permit, utility tap, or rezoning, whichever occurs first. As such, these requirements establish an official delay in the local permitting and/or review process to allow for compliance with these requirements.

10.00.07   Fees required.

A.

All applications shall be accompanied by payment of application fees, as set forth in the City of Tifton Fee Schedule adopted by the Governing Authority An application shall not be complete until all required fees are paid. Such fees shall include the filing fee, and where notice is required, shall include an additional fee to defray the expense of preparing and mailing such notices.

B.

For land clearing permits, a fee in addition to local permitting fees will be assessed pursuant to Georgia statutes. All applicable fees shall be paid prior to issuance of the land disturbance permit.

10.00.08   Procedures for conducting public hearings.

The following rules of procedure shall govern public hearings pertaining to development subject to the provisions of this LDC:

A.

Public hearing procedure. All public hearings shall be placed on the appropriate body's agenda under a section entitled "Public Hearings". The Chair or Mayor or their designee shall officially declare the public hearing open and shall announce that the written public hearing procedures and a copy of Georgia's Conflict of Interest Law are available to the attending public as a handout or are posted for public review. The Manager shall be responsible for providing a copy of the public hearing procedures and a copy of Georgia's Conflict of Interest Law as handouts and/or postings.

B.

Announcement of matter for consideration.

1.

The Manager or his/her designee shall announce the matter for consideration.

2.

The Chair shall then call for acknowledgement of a potential conflict of interest by any members of the body.

C.

Report of Manager. The Manager or their designee will then report the Department of Community Development recommendation and, if applicable, the recommendation of the City of Tifton Planning and Zoning Commission.

D.

Public hearings records standards.

1.

The clerk shall mechanically record the proceedings of all public hearings.

2.

If requested by any party, verbatim transcripts of the public hearing can be prepared, but only if requested and purchased in advance by the requesting party, who must arrange at his expense for a certified court reporter to record and transcribe the hearing and furnish the original of the transcript to the appropriate body for its records.

3.

The record of the public hearing and all evidence (e.g., maps, drawings, traffic studies, etc.) submitted at the public hearing shall be noted as such and shall become a permanent part of the particular project file.

E.

Public comments shall be heard in an orderly fashion. Comments and testimony shall be provided in the following order:

1.

The applicant or applicant's agent;

2.

Citizens speaking in favor of the proposal or request;

3.

Citizens speaking in opposition to the proposal or request; and

4.

Rebuttal.

F.

Any party may appear at the public hearing in person or by agent or by attorney.

G.

Each person who appears shall identify himself by name and address; if the person is the applicant, he shall state whether he is the owner of the property or agent for owner.

H.

Each applicant or other interested party who submits documents at the hearing shall identify each document. Each document submitted shall be made a part of the official record of the hearing.

I.

Time periods for testimony. Where there are a large number of citizens wishing to testify at a given hearing, the Chair may invoke reasonable time limitations on both the proponents and opponents of a request. In such cases, these time limits shall apply to both sides of an issue equally, such minimum time period to be no less than ten (10) minutes per side. The Chair of the body hearing the request or proposal may otherwise limit discussion. The Chair of the body hearing the request or proposal may allow additional time in the Chair's discretion.

J.

Citizens shall address their comments to the body as a whole. Individual attacks or cross examination of members, City employees or other citizens will be ruled out of order.

K.

The body hearing the request or proposal retains the privilege to ask any questions of the Manager, other staff, or persons who have spoken on the matter.

L.

After all citizen comments have been received, all further discussion of the specific application is reserved for the body hearing the request or proposal. The Chair or his/her designee shall then declare the public hearing closed and no further public comment will be entertained.

M.

The body hearing the request or proposal may table the public hearing where additional information is necessary in order to render a decision. The continuation shall be to a specific time and date. Where an application is remanded to the Planning Commission for consideration of additional conditions, it shall be heard by the Planning Commission on their next available meeting date.

N.

In the case of tabling of a matter, no further public comments will be entertained upon further consideration of the matter.

O.

At the conclusion of the hearing by the body hearing the request or proposal, the Chair shall announce the decision. The Manager or his/her designee shall notify an applicant in writing of the decision. The written notification shall be made a part of the record.

(Ord. No. 2018-21, (Exh. A), 10-15-2018)

10.01.01   Pre-application conference required.

A.

A pre-application conference is a meeting between an applicant and the City of Tifton staff, and/or other outside Departments as necessary, for the purposes of:

1.

Exchanging information on the potential development of a site;

2.

Providing information on permissible uses of the site proposed for development;

3.

Providing information to an applicant regarding the design standards set forth in this LDC that are applicable to a potential application;

4.

Providing information to an applicant regarding standards of regional, state, or federal agencies that may be applicable to a potential application;

5.

Determining the need and requirements for supporting plans, documents, and studies;

6.

Providing information to an applicant regarding infrastructure requirements and the construction of required improvements; and

7.

Providing information to an applicant regarding the appropriate procedures and schedules for receiving and reviewing applications and rendering decisions regarding a potential application.

B.

Prior to the submission of an application for a subdivision plat, site development plan, or improvement plan, an applicant shall submit a request for a pre-application conference.

C.

A pre-application conference shall be held not more than two (2) weeks following the date of submission of the request for such conference.

D.

An application must be submitted within six (6) months following the pre-application conference.

E.

The pre-application conference shall include the members of the Department of Community Development staff and any additional Departments or individuals as may be needed by the Director.

F.

The staff and other affected City, County, or State agencies will review all data submitted and advise the applicant of significant items which should be considered prior to submittal of their proposal.

G.

It is the intent of the City that all 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.

H.

A prospective applicant may bring members of his project team, such as, but not limited to, the project engineer, land planner, architect, surveyor, or other person who will assist in the preparation of an application. A prospective applicant may provide an informal sketch plan to aid in the discussion. However, such an informal sketch plan shall not be reviewed in any way for compliance with the standards and requirements of this LDC, and shall be used only as an aid to the conduct of the pre-application conference.

(Ord. No. 2018-21, (Exh. A), 10-15-2018)

10.01.02   Determination of completeness.

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 staff shall determine, within ten (10) days of receipt of an application, whether the application is complete.

C.

If the staff determines that the application is not complete, the staff shall send notice to the applicant identifying the deficiencies. The applicant shall have thirty (30) 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 (30) day period, the application shall be deemed withdrawn.

D.

If the staff determines that the application is complete, the application shall be processed for review and action in accordance with the procedural requirements set forth in this chapter.

(Ord. No. 2018-21, (Exh. A), 10-15-2018)

10.01.03   Responsibilities for final action.

The table below identifies the types of applications and the entity that is responsible for the final decision regarding the application.

Table 10.01.03. Types of applications and entity responsible for final decision.

(Ord. No. 2018-21, (Exh. A), 10-15-2018; Ord. No. 2024-03, 3-18-2024)

10.02.01   Submittal requirements for all applications.

A.

General Requirements.

1.

Signature of applicant required.

All applications shall be signed by the applicant, and shall state his name and address.

2.

The name and address of the owners of the land, and required signature of owner if different from applicant.

3.

The community or area in which is located the land proposed to be reclassified and the street name and street number, if any, or if none, the location with respect to the nearby public roads in common use;

4.

A property survey conducted no more than two (2) years prior to the filing of the application, containing the legal description, boundaries, land area, 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.

5.

The area of the land proposed to be reclassified stated in square feet if less than one (1) acre, and in acres if one (1) or more;

6.

The present zoning classification for the subject property.

7.

Other information to support the application as specified in this chapter and as may be required by the Manager.

B.

Campaign contributions.

1.

If applicant has made, within two (2) years immediately preceding the filing of the applicant's application, campaign contributions aggregating $250 or more to any member of the governing authority, it shall be the duty of the applicant and the attorney representing the applicant to disclose the following in the application:

a.

The name of the local government official to whom the campaign contribution or gift was made;

b.

The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application; and

c.

An enumeration and description of each gift having a value of $250.00 or more made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for the zoning amendment.

d.

In the event that no such gift or contribution were made, the application shall affirmatively so state.

2.

Such disclosure shall be required to be filed at least ten (10) calendar days prior to the scheduled hearing.

10.02.02   Submittal requirements for site development plans.

A.

Site plan submittal.

1.

Erosion and sedimentation control plans. Plans must be prepared if required to meet the minimum requirements as contained in this LDC. Conformance with the minimum requirements may be attained through the use of design criteria in the current issue of the Manual for Erosion and Sediment Control in Georgia, published by the state soil and water conservation commission as a guide; or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances and state laws.

2.

Data required for site plan.

a.

Notes or narrative to be located on the site plan in general notes or in erosion and sediment control notes.

b.

Description of existing land use at project site and description of proposed project.

c.

Name, address, and phone number of the property owner.

d.

Name and phone number of twenty four (24) hour local contact responsible for erosion and sedimentation controls.

e.

Size of project, or phase under construction, in acres.

f.

Activity schedule showing anticipated starting and completion dates for the project.

g.

Stormwater and sedimentation management systems-storage capacity, hydrologic study, and calculations, including off-site drainage areas.

h.

Vegetative plan for all temporary and permanent vegetative measures, including species, planting dates, and seeding, fertilizer, lime, and mulching rates. The vegetative plan should show options for year-round seeding.

i.

Detail drawings for all structural practices. Specifications may follow guidelines set forth in the Manual for Erosion and Sediment Control in Georgia.

j.

The following maintenance statement shall be included on the plans; "The installation of erosion and sedimentation control measures and practices shall occur prior to or concurrent with land-disturbing activities and shall be maintained at all times. If full implementation of the approved plan does not provide for effective erosion and sediment control, additional erosion and sediment control measures shall be implemented to control or treat the sediment source."

3.

Map and plan requirements. Maps, drawings, and supportive computations shall bear the signature/seal of a registered or certified professional in engineering, architecture, landscape architecture, land surveying, or erosion and sedimentation control. All persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements as developed by the commission pursuant to O.C.G.A. § 12-7-20. The certified plans shall contain:

a.

Graphic scale and north point or arrow indicating magnetic north.

b.

Vicinity maps showing location of project and existing streets.

c.

Boundary line survey.

d.

Delineation of disturbed areas within project boundary.

e.

Existing and planned contours, with an interval in accordance with the following:

Table 10.02.02. Map contour intervals.

f.

Adjacent areas and feature areas such as streams, lakes, residential areas, etc. which might be affected should be indicated on the plan.

g.

Proposed structures or additions to existing structures and paved areas.

h.

Delineate the twenty five (25) foot horizontal buffer adjacent to state waters.

i.

Delineate the 100-foot horizontal buffer along designated trout streams, where applicable.

j.

Location of erosion and sedimentation control measures and practices using coding symbols from the Manual for Erosion and Sediment Control in Georgia, Chapter 6.

k.

The following flood damage prevention criteria:

i.

Elevation in relation to mean sea level of the proposed lowest floor, including basement, of all structures;

ii.

Elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed;

iii.

Certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure will meet the flood-proofing criteria in Section 3.02.18(B);

iv.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

10.02.03   Submittal requirements for building permits.

A.

Application for building permit.

1.

All applications for building permits, including single-family residential, agricultural buildings, and accessory uses shall be accompanied by a minimum one (1) site plan any may need as many as five (5) depending on the type of project drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of the lot, the number of dwelling units the building is designed to accommodate, the setback lines of the building on the "permit lot", the various easements on the lot and such other information as may be essential for determining whether the provisions of this LDC are being observed.

2.

The following is required on the site plan before the site plan is considered by the governing authority and any permits are approved.

a.

Topography (MSL) existing and proposed;

b.

Drainage plans;

c.

Location and size of ingress/egress;

d.

Water and sewer mains and services, both existing and proposed; and

e.

Water and sewer services as well as fire hydrants in the lot and the specific meter size and location.

3.

Period of validity.

a.

Any building permit shall become void if the work involved has not begun within six (6) months after the date of issuance of the permit or if the work or development authorized by such permit is suspended or abandoned for a period of six (6) months after the work of development is commenced; provided that extensions of time and periods not exceeding six (6) months each may be allowed in writing by the Manager or his/her designee.

b.

Any unapproved deviation from the site plan shall cause the Manager or his/her designee to not issue a certificate of occupancy.

4.

Single family residential, agricultural buildings, and their accessory uses, site plans need not be drawn to scale, but must be accurate as to dimensions of lot and proposed building and all building setbacks must be indicated on the plan.

5.

The applicant for a building permit shall submit a certificate with his application which certifies that the lot which he proposes to develop is a lot of record. When the lot in question does not meet the lot width and lot area requirements of this LDC then the applicant shall certify that such lot was a lot of record prior to the adoption of this LDC or is a lot which has been created through governmental taking of property.

6.

Flood damage prevention. Any applications for a building permit which proposes to develop properties which have been duly identified as having a flood hazard potential must provide adequate technical information and comply with all the flood protection provisions in Chapter 3 of this LDC.

7.

Wetland permit required. For any application for a building and/or development permit which proposes to develop properties which have been identified as having potential wetlands areas, except those exempted activities listed in Chapter 3, the applicant must document receipt of a nationwide, regional, general or individual permit or a letter of clearance that jurisdictional wetlands are not located on the subject property from the U.S. Army Corps of Engineers under section 404 of the Clean Water Act before any local building and/or development permit will be issued by the governing authority.

8.

Sanitation permit required. For any application for a building and/or development permit that proposes the use of on-site, privately provided sewage disposal, a sanitation permit is required to comply with the Tift County Health Department. The application for such sanitation permit shall;

a.

Show plainly and distinctly the location of the sanitation facility to be constructed, the nature of such facility and the legal owner of the real property upon which the facility is to be constructed.

b.

Distinctly show that the provisions, rules and regulations for individual sewage disposal systems, are fully and completely adhered to.

c.

Be supported by a map delineating contour lines at a minimum of two (2) feet intervals.

10.02.04   Reserved.

10.02.05   Submittal requirements for subdivision plats.

A.

Preliminary Plats.

1.

Title block and north arrow. The plat will show the name of the proposed subdivision, its location, the name, address and registration number of the surveyor preparing the plat and the date of the plat. A north arrow shall be included with a notation referencing the bearings to magnetic north, astronomical north or grid north.

2.

General layout. The plat shall show information as to the proposed street layout and widths, layout of lots with a notation as to the minimum size and width of lots and proposed open space if any. Any lands to be dedicated will be clearly identified. The plat shall be drawn to scale. Scale, total acreage of the site and total number of lots created shall be indicated. Lot and block identification and building setback lines shall also be indicated.

3.

Topography. The plat shall show existing contour lines dashed and any proposed contour lines solid, both set of lines to be at two (2) foot intervals, mean sea level (M.S.L.). Prominent drainage features such as lakes, depressions, streams, and floodplain areas that could affect the design of the subdivision, shall be shown. Engineering data showing the high water elevation and how it was established shall be submitted with the plat.

4.

Existing features. The plat shall show the locations and names of existing and platted property lines, streets and their rights-of-way, railroads and their rights-of-way, public and private rights-of-ways, sanitary sewer and size, water mains and size, bridges, culverts, storm drainage and size, easements, parks and other public open spaces, land lot and land district lines, city limits lines, and names of adjoining property owners or subdivisions. Groups of trees and wetland areas shall also be indicated.

5.

Location map. The plat shall include a small-scale map of sufficient clarity so that the location of the proposed subdivision can be readily determined.

6.

Water and sewer. A statement from the subdivider shall be submitted with the preliminary plat that will describe the method by which sanitary sewer and water facilities will be provided.

7.

Future tract plan. In cases where a subdivision is to be developed in stages with additional plats being filed with the governing authority at a later date, the filing of the initial plat will be accompanied by a future tract plan, a reasonably accurate plat in sketch form of the entire tract which will show the future street system and topography for the entire tract.

8.

Wetlands. Approximate location of wetlands boundaries shall be delineated on the preliminary plat. All preliminary plats delineating wetlands shall have on the face of said preliminary plat the note:

"No fill or work shall be permitted within jurisdictional wetlands without a prior permit from the U.S. Army Corps of Engineers."

B.

Improvement plans. The plans for the required public improvements shall be prepared for the approval by the Department of Community Development prior to the construction and only after approval of the preliminary plat. Such improvement plans shall show the proposed locations, sizes, types, grades and general design features of each facility and shall be based on reliable field data. Improvement plan approvals are valid for twenty-four (24) months. If the subdivision is sold prior to completion and final platting, a mandatory review by the Department of Community Development shall be required. Failure to comply may result in revocation of construction permit.

1.

The improvement construction drawing shall be submitted on white background prints. The sheet size shall be twenty four (24) inches by thirty six (36) inches unless another size is approved by the Manager or their designee. The drawing shall include the following information:

a.

Construction plans. The developer shall provide the plan and profile of each proposed street indicating the existing ground surface elevation and proposed street grade surface elevation including extensions, except where street runs into an existing street, for a distance of 100 feet. Design shall be in accordance with good engineering practices.

b.

Street-typical sections. A typical section of each proposed street shall be submitted, showing the width of pavement and the rights-of-way.

c.

Water supply, sanitation systems, and storm water drainage. The plan and profile of proposed water and sanitation, storm drainage or other drainage systems, with grade and sizes indicated are required. Floodplain areas should also be indicated on the plan. Storm water drainage shall be consistent with applicable ordinances of the governing authority and other applicable governmental agencies. Water and sewer systems shall be approved by the Department of Community Development and all relevant state agencies. The plat shall not be recorded until the developer submits to the Manager all final permits required for the construction of all improvements from other state, local or federal agencies.

d.

Utility service agreement. A developer's agreement for utilities service shall be required before final improvement plan approval is granted.

e.

Other public improvements. A plan shall be prepared for parks, recreation or other public use areas and improvements if included in the approved preliminary plat.

f.

As-built drawings. The designing surveyor or engineer shall submit to the Manager or their designee, two (2) sets of white background prints of certified as-built drawings prior to recording of the final plat.

C.

Final Plats. Filing the final plat with the Manager shall include the following:

1.

An application containing:

a.

The name and address of the persons developing the subdivision and his agent(s);

b.

Zoning of the property to be subdivided;

c.

Whether or not the subdivision will be developed in phases;

d.

Plans for serving the proposed subdivision with sewer and water facilities;

e.

A complete list of deviations, if any, from the approved preliminary plat;

f.

A copy of the agreement for providing the necessary water and sewer facilities; and

g.

A fee to cover the cost of investigation and review of the preliminary plan, construction plans, and the final plat will be charged at time of application, as established in this LDC.

2.

Sheet design. The final plat shall conform to all of the items listed under the preliminary plat and the requirements thereof, as set forth in this LDC and shall be drawn in black ink.

3.

The final plat shall be drawn to scale. If necessary, more than one (1) sheet may be used as long as a key map is provided to relate each sheet to the entire platted area.

4.

Surveyor certificate. The following certificate shall be entered on the face of the plat. Placement of this certificate may vary as necessary:

I certify that all measurements are correct and were prepared from an actual survey of the property made under my supervision; the field data upon which this plat is based has a closure precision of one (1) foot in _____ feet and an angular error of per _____ angle point, and was adjusted using _____ rule; the plat has been calculated for closure and is found to be accurate within one (1) foot in _____ feet; monument and pin locations are correctly shown by the symbols _______ and the pins are _______ (type of metallic material and length).

Signed ___________ (Seal) (Date) _______

Surveyor, Georgia Registration No: ___________

5.

The surveyor must certify whether or not the property is located in a special flood hazard zone and indicate the informational source and zone of the property. If the property is located within a flood hazard zone, then the limits of the zone must be shown.

6.

Proposed lots located in any flood zone shall be delineated on the plat and shall require a certificate of elevation to insure future construction meets applicable ordinances regarding the floodplain.

7.

Any identified wetlands must be indicated on the final plat, and proof of compliance with any U.S. Army Corp of Engineers requirements for wetlands must be submitted prior to recording of the final plat.

8.

Owner certificate. The following certificate shall be entered on the face of the plat. Placement of this certificate may vary as necessary:

We, the undersigned owner(s) and/or mortgagee(s) of the subdivision, hereby offer to dedicate and/or reserve for public use the rights-of-way, easements and other public areas as designated on this plat.

9.

Approvals.

The following spaces shall be provided in the form listed below for approval by all agencies having jurisdiction. Placement on plat may vary:

Approved by the Tift County Health Department, Tift County, Georgia

10.

Surveying data. The final plat shall contain the location, bearing, and length of every street line, lot line and boundary line whether curved or straight. A note will be made on the plat as to whether curved or straight. A note will be made on the plat as to whether curved dimensions are arc or chord distances. Easement lines (and width), land lot and land district lines will be shown.

11.

The final plat shall also identify each tract within the proposed subdivision by block and lot number.

12.

All dimensions shall be shown in feet and decimals to the nearest 1/100 of a foot, and all angles shall be shown to the nearest second. The error of closure shall not exceed one in 10,000, or as defined by the technical standards required by O.C.G.A. § 15-6-67, of the Law Governing the Practice of Professional Engineering and Surveying, as amended. The final plat shall have a note listing the following:

Total Acres _______

Total Lots _______

13.

Monuments

The final plat shall show the accurate location, material and description of all monuments. A permanent master bench mark shall be established within or adjacent to the site by transfer of levels, not less than third order accuracy, from the nearest approved bench mark of known mean sea level (M.S.L.) elevation showing its location on the final plat and recording its elevation on the final plat to the nearest 1/100 of a foot.

14.

Easements. In addition to the requirements for the preliminary plat the final plat shall show the location and width of all public utility easements and drainage easements where required.

(Ord. No. 2018-21, (Exh. A), 10-15-2018)

10.02.06   Submittal requirements for rezoning applications.

A.

Application for text amendment. In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted.

B.

Application for map amendment. An application for a map amendment shall include the following information:

1.

The community or area in which is located the land proposed to be reclassified and the street number, if any, or if none, the location with respect to the nearby public roads in common use;

2.

A plat of the land in question, and a description by metes and bounds, bearings, and distances of the land, or if the boundaries conform to the lot boundaries within a subdivision for which a plat is recorded in the land records of Tift County; then the lot, block, and subdivision designations with appropriate plat reference; or the map and parcel number according to the current tax mapping system of Tift County;

3.

The present zoning classification and the classification proposed for such land;

4.

The name and address of the owners of the land; and the names and addresses of abutting property owners;

5.

The area of the land proposed to be reclassified stated in square feet if less than one (1) acre, and in acres if one (1) or more;

6.

The application number, date of application, and action taken on all prior applications filed for the reclassification of the whole or part of the land proposed to be reclassified.

C.

In certain cases where it is deemed that a proposed use is compatible with the surrounding neighborhood but the required zoning would allow uses that are too intensive to mix compatibly with the surrounding area, the Mayor and Council of the City of Tifton may, upon recommendation by the City of Tifton Planning and Zoning Commission, or on its own initiative, apply certain conditions to a rezoning request in order to allow the proposed use while preserving the purpose and intent of this ordinance. In such cases where conditional zoning is approved, the approval shall be noted as follows: R-8(c), R-10(c), R-12(c), etc. Any uses would be subject to the conditions applied to the rezoning.

D.

Conditional Use Permit.

(a)

An applicant for a conditional use permit shall file an application on forms provided by the community development director. The grant or denial of a conditional use permit is a zoning decision and such decision shall follow the procedures for a rezoning as specified in this section.

(b)

Any use which may be authorized by a conditional use permit may be approved by the mayor and city council only if, in the exercise of the mayor and city council's legislative discretion, they find that:

(1)

A proper application has been filed in accordance with the requirements of this article;

(2)

A recommendation has been received from the City of Tifton Planning and Zoning Commission in accordance with the provisions of Chapter 8Section 8.02.00 of the City of Tifton Land Development Code;

(3)

The applicant is in compliance with the particular conditions for the proposed conditional use that are required by this article;

(4)

The use is consistent with the purposes and intent of this article; and

(5)

After considering the application and the facts, and the standards for making a zoning decision contained in section Chapter 10 of the City of Tifton Land Development Code, the mayor and city council determine that the standards are satisfied such that the benefits of and need for the proposed conditional use outweigh any possible harmful effects, negative impacts, or damages to the neighboring properties or the city in general. In making this determination, the city council may consider the effects of the proposed use on traffic, public infrastructure and services, aesthetics, property values, the peaceful enjoyment of private property in the community, and other relevant factors.

(c)

The mayor and city council shall consider all evidence in the record in making their decision. This article is automatically a part of the record in each case, as is the entire application file. The mayor and city council shall have the power to table the application for further information to be presented, or to remand the application to City of Tifton Planning and Zoning Commission if new information has been presented that they have not considered. The mayor and city council shall have the power to grant, deny, or grant with further specific conditions imposed.

(d)

An application for a conditional use which has been denied shall not be resubmitted for a period of six (6) months.

(Ord. No. 2020-08, 6-15-2020)

10.02.07   Submittal requirements for PDR and PDO site plans.

In addition to the requirements of Section 10.02.01 (A) and Section 10.02.06, application for rezoning to Planned Development Rural (PDR) and Planned Development Urban (PDO) shall include:

A.

A conceptual development plan which shall demonstrate the ability of the proposed use(s) to be located on the site in compliance with the standards of this LDC. The conceptual development plan shall be of sufficient detail to bind the applicant to the features depicted on the conceptual development plan, and shall contain the following information:

1.

Project name.

2.

Vicinity map showing zoning districts and existing land use within 500 feet of the boundaries of the site.

3.

Total area in acres and square feet.

4.

Current and proposed zoning classification, together with a summary of the applicable development standards for the proposed zoning district. A planned development shall include drawing notes detailing the proposed standards for site design and development for the PDR or PDO zoning district.

5.

Natural features, including topography at two (2) feet intervals, surface drainage, surface waters, flood plains, watershed areas, groundwater recharge areas, general location of wetlands, and the general location of wooded areas.

6.

General soils.

7.

Location with respect to any designated overlay districts.

8.

General location of existing and proposed roads and utility rights-of-way or easements.

9.

Location of existing property lines within the development site, if applicable.

10.

General location of existing and proposed development by type of use.

11.

Proposed residential density and dwelling unit types, if applicable.

12.

Location of proposed open spaces, recreational areas, and public buildings and uses, indicating those areas reserved or dedicated for public use.

13.

General plan for the provision of utilities and infrastructure.

B.

Proposed legal instruments which shall demonstrate improvement, operation, and maintenance of any common property within a PDR or PDO development, including streets, drives, service areas, parking areas, recreational and community facilities, and open space.

10.02.08   Submittal requirements for amendments to the Land Development Code.

A.

Applications for amendment of this LDC shall be made in the form of proposals for amendments of the text, standards, and other criteria. Proposals to amend the Zoning Map shall meet the requirements set forth in Section 10.02.06.

B.

In addition to the application requirements set forth in Section 10.02.01(A), the following information shall be provided:

1.

Identification of the specific provision proposed for amendment;

2.

The proposed modifications in a strikethrough and underline format;

3.

A detailed explanation of the rationale and justification for the requested amendment; and

4.

A detailed explanation of the potential impacts of the modification on the development of the City of Tifton.

10.02.09   Requirements regarding performance bonds.

A.

A maintenance bond, in the amount equal to 115% of the total value of the improvements, shall be required as a guarantee to the governing authority for all materials and workmanship of any minimum improvements installed in a subdivision.

10.02.10   Specifications for digital file submittals.

A.

General requirements.

1.

All drawings shall be geographically referenced to the US State Plane coordinate system, NAD 83, GA West Zone, US Survey Feet.

2.

All features depicted in the drawings shall be surveyed after construction. The governing authority will spot check all coordinates to ensure accuracy. Water system features shall be surveyed at a horizontal accuracy of ≤ 0.5 ft and vertical accuracy of ≤ 0.5 ft. Sewer system features shall be surveyed at a horizontal accuracy of ≤ 0.5 ft and a vertical accuracy of ≤ 0.1 ft.

3.

The following feature geometry types shall be shot directly using the survey instrument:

a.

All point features (hydrants, valves, sewer manholes, etc.);

b.

All line features at all endpoints, bends, and turns (pipes, etc.); and

c.

All polygon features at all corners and bends (project boundaries, lots, rights-of-way, etc.).

[4]

The following feature types are acceptable: Line, Polyline, Text, and Insert.

B.

Layering.

1.

All required layers (as listed in this section) shall contain only the features that are described for that layer. For example, the BOUNDARY_LINE layer shall only contain the boundary line and not such features as north arrows or parcels.

2.

All required layers shall be present in the drawing except for features that do not pertain to a particular project. For example, some commercial projects may not contain sewer taps as part of the construction and should not be included in the drawing.

3.

All layers shall be clearly differentiated from each other. For Example:

a.

Two (2) layers having the names "WATER_LINE" and "WATER_LINES" shall not exist in the same drawing.

b.

SEWER_LINE_TEXT and SEWER_TEXT shall not exist in the same drawing.

4.

All text shall appear on separate layers from the layers they annotate. For example, text describing a sewer line shall be on the SEWER_LINE_TEXT layer not the SEWER_LINE layer.

5.

Text leaders shall be placed on the text layer, not the feature layer. For example, the leader for the diameter of a water pipe shall be on the WATER_LINE_TEXT layer, not the WATER_LINE layer. Leaders shall be drawn using Line features not Leaders.

C.

Drawing.

1.

All layers shall conform to the proper geometry type (line, polygon, text) as indicated in the table below.

Table 10.02.10. Digital file specifications.

2.

All polygon type features shall be completely closed. To accomplish this, lines may need to be duplicated on more than one (1) layer.

a.

Subdivision parcels shall be closed figures on their layer (not closed with the subdivision boundary).

b.

Road edge-of-pavement shall be drawn as closed polygons.

c.

Where a polygon feature extends beyond the edge of the plan, the property boundary (repeated on the polygon feature's layer) shall be used to close the polygon.

d.

All edges on polygon features shall be snapped together at the vertices. Gaps in polygon boundaries shall not be accepted.

3.

Sewer features.

a.

Sewer lines and sewer taps shall be digitized with proper directionality: lines shall be drawn from the uphill node to the downhill node or flipped after the lines have been digitized.

b.

All tangents between sewer manholes shall be drawn with a single line.

c.

All tangents shall be snapped at endpoints intersecting at the exact center of the manhole. No gaps shall exist between tangents.

d.

Manholes shall be symbolized consistently with a circle centered exactly on the tangent endpoints.

4.

Water features.

a.

Water lines shall be digitized with all straight-line pipes consisting of only two (2) points. Straight-line pipes shall begin and end at the following features (nodes): hydrants, valves, meters, pumps, tees, crosses, and valves.

b.

Curves may be digitized with enough vertices to capture the curve geometry. Curves or arcs may also be used to designate curved pipe.

c.

All water lines shall be continuous, with pipe endpoints snapped to each other at endpoints (nodes).

d.

End-of-line caps shall be drawn to differentiate end-of-lines from lines that extend beyond the extent of the drawing. Caps shall be drawn for lines that are to be permanently capped when the project is complete, not for lines that are temporarily capped pending inspection.

D.

Annotations.

1.

Any non-standard water and sewer lines shall be annotated as such. Line diameter, material, ownership, etc. that does not conform to standard practice shall be noted in the corresponding annotation layer. For example, standard subdivision sewer lines are 8" in diameter. Any other diameter shall be annotated on the SEWER_LINE_TEXT layer.

2.

All addresses and lot numbers shall be number data type (that is, no text or symbols (#, -, ft, _, ", ', etc.)). If the lot does not have a number, this layer shall be blank.

E.

File naming and revisions.

1.

File names shall correspond exactly to the subdivision name and shall be consistent from one (1) version to the next. The file name shall contain the drawing finalized date (in YYMMDD format) as part of the name. There shall be no blank spaces in the name, only underscores. An example file name for the November 10, 2003, final plat for the third phase of the Monarch Village subdivision is: "Monarch_Village_3_031110."

2.

File finalized dates shall only be updated by the contractor/developer.

F.

Deliverable format. All files shall be delivered on single disk media in AutoCAD (release 2005 or higher) DWG format. CDs, 4½" floppies, and Zip disks are all acceptable media. Files shall not be spanned over more than one (1) disk.

10.03.01   Zoning decisions.

A.

Posting of property.

1.

Not less than fifteen (15) or more than forty-five (45) days prior to the date set for the public hearing on any application for a map amendment (other than a map amendment initiated by the Planning Commission or the governing authority), the Manager or his/her designee shall erect a sign on the land proposed to be reclassified.

2.

Such sign shall be erected within ten (10) feet of the boundary line of the property which abuts the most traveled public road; and, if no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public.

3.

The sign shall show the application number, the present zoning classification, the proposed zoning classification, the scheduled date, time, and place of public hearing, and the telephone number to call for further information.

4.

Removal of sign. Any such sign shall be maintained at all times by the Manager or his/her designee until a decision on the application has been made by the governing authority.

5.

Notice to interested parties. A notice shall be given to the applicant and the body conducting the public hearing of the date, time, and place of the public hearing. All application files shall be placed in the custody of the Manager or his/her designee and be open to public inspection during regular office hours.

B.

Publication of Notice.

1.

At least fifteen (15) but not more than forty-five (45) days notice of the time, place, and purpose of said hearing shall be published in a newspaper of general circulation within Tift County, Georgia.

2.

Such notice shall also state the application number and date, and shall contain a summary of the proposed amendment, if a text amendment, and in the case of a map amendment, the location of the property, its area, the name of the owner or their authorized agent, and the present and proposed zoning classification use for the property affected.

3.

Advertisement to include disclosure.

a.

Further, such advertisement shall advise the public pursuant to O.C.G.A. 36-67A-3 that any applicant or opponent of a proposed rezoning action who has made campaign contributions aggregating $250.00 or more to a local government official of the local government which will consider the application within two (2) years of the date of the application shall be required to file a disclosure with the City of Tifton:

i.

The name and official position of the local government official to whom campaign contributions were made; and

ii.

The dollar amount and description of each campaign contribution made by the opponent to the local government official during the five (5) years immediately preceding the filing of the application for the proposed rezoning action and the date of each contribution.

b.

Such disclosure shall be required to be filed at least ten (10) calendar days prior to the scheduled hearing.

10.03.02   All other decisions.

A.

Notice of public hearing shall be given.

1.

Before making its decision on any appeal, request for a variance, or any other matter within the planning and zoning commission's authority, said planning and zoning commission shall hold a public hearing thereon.

2.

At least fifteen (15) days' notice of the time and place of such hearing shall be sent to the appellant or petitioner, and to the owners of all properties either adjoining the property with which the hearing is concerned or situated directly across a public right-of-way from said property.

3.

Such notice shall contain the name of the appellant or petitioner, the date, time, and place set for the hearing, and a brief statement of the nature of the hearing.

B.

Public notice in newspaper. The planning and zoning commission shall give a public notice of the hearing in a newspaper published and circulated in Tift County and the City of Tifton, Georgia, by advertisement published at least fifteen (15) days prior to the date of the public hearing.

(Ord. No. 2024-03, 3-18-2024)

10.04.01   Procedures for action by the environmental management staff.

A.

Generally.

1.

Compliance Review. For permit applications eligible for final approval by the City staff, the appropriate staff person shall review the application and all supporting materials to determine compliance of the application with applicable standards and criteria set forth in this LDC and applicable codes.

2.

Decisions by Staff. The staff shall issue the permit or provide a written justification for the denial of the permit.

3.

Appeals. Actions by the staff are subject to the administrative appeals procedure set forth in Section 10.05.00.

B.

Application Review Process.

1.

For applications to be submitted to the Planning Commission or City Council, the staff shall review the application and all supporting materials, and provide a report regarding compliance of the application with applicable standards and criteria within thirty (30) days of receipt of the application. The staff shall provide an analysis and recommendation regarding the following:

a.

Consistency of the application with the City or County Comprehensive Plan;

b.

Compliance of the application with the application requirements and development standards set forth in the LDC.

2.

The staff shall transmit a copy of the compliance report to the applicant. The applicant shall have thirty (30) days to correct any deficiencies noted in the report and submit revised or additional documents. Upon receipt of the materials provided by the applicant to correct any deficiencies, the staff shall prepare a revised compliance report.

3.

For matters subject to final approval by the staff, the compliance report shall be filed with the application as support for approval, approval with conditions, or denial of the application by the EMS.

4.

For matters subject to final approval by the planning and zoning commission or City Council the compliance report will be forwarded together with the application and supporting materials for review, recommendation, and final action by the designated entity.

5.

Actions by the staff are subject to the administrative appeals procedure set forth in Section 10.05.00.

6.

It shall be the responsibility of the staff to coordinate the administrative review responsibilities.

C.

Development Permit. No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the governing authority without first obtaining a permit from the Manager or his/her designee to perform such activity.

1.

Review of regulations.

a.

The property owner, developer and designated planners and engineers shall review the general development plans and detailed plans of the governing authority that affect the tract to be developed and the area surrounding it.

b.

They shall review the zoning regulations, stormwater management regulations, subdivision regulations, flood damage provision regulations, and other provisions of this LDC and other ordinances which regulate the development of land within the jurisdiction.

2.

Erosion and sedimentation control plan required.

a.

The application for a permit must include the applicant's soil erosion and sedimentation control plan with supporting data, as necessary.

b.

Said plans shall include, as a minimum, the data specified in Chapter 3 this LDC.

D.

Approval of revisions to a recorded plat.

1.

Where located on an existing road or street, the combination of previously platted lots, where the total number of lots does not increase and the resultant lots are equal to the current standards of the governing authority as determined by the EMS, shall be subject to administrative approval.

2.

Such plats shall conform fully to the requirements of this LDC.

E.

Approval of exempt plats.

1.

Any plat submitted for recording to the office of the Clerk of Superior Court of Tift County that is not subject to this Section shall comply with O.C.G.A. § 15-6-67(d), as amended.

2.

All plats exempt from the standard review process must be assigned a map and parcel number by the Tift County Board of Tax Assessors if a new lot is being created.

3.

Resurveys of existing parcels which do not involve a map and parcel change must be verified by the Manager and by the Tax Assessor's office.

4.

All exempt plats, which include resurveys of lots of record, exempt resubdivisions and exemptions by definition must be approved as exempt prior to recording.

5.

All plats submitted for exemption must be submitted as an original with five (5) black line or blue line copies.

6.

The original plats will be retained by the Manager or his/her designee. The copies will be stamped, signed and dated to allow recording.

F.

Minor Subdivisions & Exempt Subdivisions.

1.

Where a proposed subdivision involves no public improvements and requires a minimum level of engineering design, the Manager or their designee may approve the waiver of the requirements of filing a preliminary plat and may recommend approval of the final plat by staff.

2.

A plat and application shall be submitted to the Manager or their designee which shall conform fully to the requirements of these regulations.

3.

Where the minor subdivision is located on an existing road or street, the combination or recombination of previously platted lots, where the total number of lots does not increase, and the resultant lots are equal to the current standards of the governing authority as determined by the Department of Community Development, shall also be subject to administrative approval. Such plats shall conform fully to the requirements of this LDC.

G.

Procedures for Preliminary Subdivision Plat.

1.

Purpose. The purpose of the preliminary plat is to safeguard the subdivider from unnecessary loss of time and expense in preparation of a subdivision plat which does not conform with the specifications of this LDC. The preliminary plat requires accuracy of scale and dimension. Public agencies having jurisdiction will review preliminary plats regarding matters within their jurisdiction. During the review process, the subdivider or his agent may be called upon for consultation.

2.

Filing. Any person desiring to subdivide land shall file an application as specified in Section 10.02.05 of this LDC.

3.

Review of preliminary plat.

a.

Upon receipt of the filing of the preliminary plat, the Manager or their designee shall prepare those materials for presentation to the staff.

b.

Staff shall review the preliminary plat for technical compliance with the LDC, the Comprehensive Plan, and other ordinances of the governing authority that might impact the proposed land subdivision.

c.

Staff shall, with or without modification, approve or disapprove the preliminary plat to the extent that it has jurisdiction.

d.

If the plat is rejected, the respective reviewing agency shall provide a written statement specifying all aspects where the plat fails to comply.

e.

Staff shall recommend in writing approval, postponement or disapproval within thirty (30) days of submission.

4.

Approval of preliminary plat.

a.

Upon approval of the preliminary plat by the staff, the developer is authorized to proceed with the preparation of the required improvement plans. No developer shall proceed with any construction or any other work in the proposed subdivision before obtaining approval of the improvement plans in writing.

b.

Preliminary plat approval grants the developer a maximum time of eighteen (18) months within which he shall submit his subdivision improvement plan. A time extension may be granted by the staff before the expiration of the eighteen (18) month period. If an extension is granted, it shall be for not more than twelve (12) additional months.

c.

Failure to submit improvement plans within this time period, including extension if any, shall invalidate preliminary plat approval and require resubmission of preliminary plat.

d.

Additionally, if, in the opinion of the staff, substantial changes have been made to the approved preliminary plat, the revised plat shall be resubmitted as a new preliminary plat.

5.

Postponement. Action is delayed for specific reasons which shall be noted and transmitted in writing to the developer by the staff. Postponed preliminary plans may be reconsidered by the EMS without resubmittal.

6.

Disapproval. Staff shall deny the application for the subdivision if the developer's plans are not in compliance with this LDC. The specific reasons for disapproval shall be stated in writing to allow for correction. For further consideration, the developer must revise and resubmit his plans as though they were a completely new preliminary plat.

H.

Procedures for Improvement Plans.

1.

General requirements.

a.

Subdivision plats receive their second official consideration as "improvement plans."

b.

These plans shall be approved by staff who shall certify that the improvement plans are in conformance with this LDC, official specifications of the governing authority, and with the requirements of the approved preliminary plan.

c.

No developer shall proceed with any construction work in the proposed subdivision before obtaining this approval.

2.

Professional engineer or consultant required. Should certain design calculations be required to resolve flow problems, possible erosion or drainage problems, or other detailed design problems which might be encountered in the process of preparing the required improvement plan, the Manager or their designee shall be authorized to require the services of a professional engineer or consultant in the improvement plan design process. Should such services be required, such plans shall reflect the engineer or consultant's state registration.

3.

Filing. Any person desiring to subdivide land shall file an application as specified in Section 10.02.05 of this LDC.

4.

Approval. Upon approval of the improvement plan by staff, and upon securing all required development permits, the developer is authorized to proceed with construction of the physical improvements in the subdivision, and may proceed with the preparation of the final subdivision plat.

5.

Denial. Staff shall deny the application for the subdivision improvement plans if the developer's plans are not in compliance with this LDC. The specific reasons for disapproval shall be stated in writing to allow for correction. For further consideration, the developer must revise his plans to conform to the requirements of this LDC, and then submit the revised plans to the staff as though they were a completely new set of plans.

I.

Procedures for Final Subdivision Plat.

1.

Conformance.

a.

The final plat shall conform with the approved preliminary plat and improvement plan.

b.

If desired by the subdivider, he may submit only that portion of the preliminary plat he proposes to record and develop at that time, provided that such portion conforms with all requirements of this LDC.

c.

The record plat, also known as the final plat, is to be prepared and sealed by a registered land surveyor licensed in the State of Georgia.

d.

No plat of a land subdivision shall be recorded unless the plat conforms to the requirements of the LDC, and the governing authority has formally accepted dedication of any proposed streets and encroachments.

2.

Filing.

a.

Filing the final plat with the Manager or his/her designee shall include those items listed under Section 10.02.05 of this LDC.

b.

At the time of filing with the Manager or his/her designee, a certificate of filing shall be furnished to the applicant which will include the time and date of filing.

3.

Staff Review.

a.

The staff shall review the final plat for technical compliance with the Land Development Code, the Comprehensive Plan, and other ordinances or regulations that might have an impact on the proposed land subdivision.

b.

The staff shall recommend in writing, approval, postponement or disapproval.

c.

If the final plat is disapproved, the reasons therefore shall be stated and the sub divider shall be so informed. The staff shall have authority to reject the final plat if they find that it does not conform with the approved preliminary plat, the approved improvement plan or to this LDC.

d.

If the plat is rejected, the staff shall provide the sub divider with a written statement specifying all the respects in which it does not conform.

4.

Recording a plat. The City of Tifton shall release the plat for recording as follows;

a.

Upon satisfactory compliance with this LDC;

b.

After the required bond or guarantee has been posted.

5.

Distribution. The Manager or his/her designee shall distribute the final plat to the departments and agencies of the governing authority, utility companies, and others as established by the policies of the governing authority.

6.

Map and parcel number assigned. Any plat approved through the subdivision process shall be assigned a map and parcel number by the Tift County Tax Assessors' office.

J.

Procedures for Site Development Plans.

1.

The staff shall review the site development plan for technical compliance with the LDC, the Comprehensive Plan, and other ordinances that might have an impact on the proposed development of land.

2.

The staff shall recommend in writing, approval, postponement, or disapproval.

3.

The staff shall not approve the site development plan if the developer's plans are not in compliance with this LDC. The specific reasons for disapproval shall be stated in writing to allow for correction. For further consideration, the developer must revise his plans to conform to the requirements of this LDC, and then submit the revised plans to the staff.

4.

No developer shall proceed with any construction work on the proposed development without obtaining approval of the site development plan.

K.

Certificate of Occupancy or Completion.

1.

Certificate of occupancy or completion required. A certificate of occupancy or completion issued by the Director or his/her designee is required in advance of occupancy or use of:

a.

A building hereafter erected;

b.

A building hereafter altered so as to affect height, the side, front, or rear yard;

c.

Any building or premises where a change in the type of use will occur; or

d.

A manufactured home or mobile home dwelling hereafter sited and connected to utilities.

2.

Issuance of certificate of occupancy or completion.

a.

Upon payment of all required fees, the Director or his/her designee shall sign and issue a certificate of occupancy or completion if the proposed use of land or buildings is found to conform to the applicable provisions of this LDC, and if the building, as finally constructed, substantially complies with the sketch or plan submitted and approved for the building permit.

b.

One (1) copy of all certificates of occupancy or completion issued which contain a statement of the intended use of the applicable property and other pertinent information, signed by the owner or his agent, shall be kept on file in the office of the Manager or his/her designee.

3.

Denial of certificate of occupancy or completion.

a.

A certificate of occupancy or completion shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this LDC and substantially complies with the sketches or plans submitted for obtaining the building permit.

b.

Any unapproved deviation from the site development plan shall cause the Director or his/her designee to not issue a certificate of occupancy.

c.

When a permit is denied, the Manager or his/her designee shall provide in writing his reasons for denying the permit within ten (10) days after said request.

4.

Permits and licenses void when issued in conflict. Any permit or license issued in conflict with the provisions of this LDC shall be null and void.

L.

Right-of-Way Utilization Permit - Reserved.

M.

Tree Removal Permit - Reserved.

N.

Temporary Use Permit - Reserved.

(Ord. No. 2018-21, (Exh. A), 10-15-2018; Ord. No. 2024-03, 3-18-2024)

10.04.02   Procedural requirements for PDR and PDO applications.

Approval of a site conceptual development plan and rezoning for the PDR or PDO district shall include the condition that such legal instruments are properly recorded and shall be binding on the development of the site.

10.04.03   Procedures for action by the Historic Preservation Commission.

A.

An application for a Certificate of Appropriateness shall be accompanied by drawings, photographs, plans or other documentation as may be reasonably required by the Historic Preservation Commission (HPC) with applications involving demolition being required to be accompanied by post demolition plans for the site and shall be filed by the applicant with the HPC.

B.

Not earlier than twenty (20) days nor later than seven (7) days prior to the review of a Certificate of Appropriateness by the HPC, the HPC shall take such action as may reasonably be required to inform the owners of any property likely to be affected by reason of the application of the filing of such application and shall afford the applicant and such owners an opportunity to be heard in connection with the determination on such application.

C.

The HPC shall approve the application and issue a certificate of appropriateness if it finds that a proposed material change in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or the historic district.

D.

The HPC shall deny a certificate of appropriateness if it finds that a proposed material change in appearance would have substantial adverse effects on the aesthetic, historic or architectural significance and value of the historic property or the historic district.

E.

In making its determination to either approve or deny an application for a certificate of appropriateness the HPC shall consider, in addition to any other pertinent factors;

1.

The historical and architectural value and significance of the property involved;

2.

The architectural style of the property involved;

3.

The general design, arrangement, texture and material of the architectural features involved and the relationship thereof to the exterior architectural style; and

4.

The pertinent features of the other structures in the immediate neighborhood.

F.

In its review of applications for certificates of appropriateness, the HPC shall not consider the interior arrangement of property or the interior use of property which does not have any effect on exterior architectural features.

G.

The HPC may seek such outside technical advice concerning its decision on any application as its members deem necessary, provided that any expenses incurred in connection with such technical advice must have the prior approval of the City Council or Board of Commissioners.

H.

The HPC shall approve or deny an application for a certificate of appropriateness within forty-five (45) days after the filing thereof by the owner or occupant of a historic property or by the owner or occupant of a structure, site, object, or work of art located within a historic district.

I.

Failure of the HPC to act within such forty-five (45) days shall constitute approval of an application with no other evidence of approval being required.

J.

Evidence of approval of an application shall be by a certificate of appropriateness issued by the HPC.

K.

Notice of the issuance or denial of a certificate of appropriateness shall be furnished by written record within ten (10) days of a decision thereon to the applicant and to all other persons who have requested such notice in writing filed with the HPC.

L.

In the event the HPC denies an application, it shall specify its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The HPC may at its option suggest alternative courses of action it thinks proper if it denies the application. The applicant, if the applicant so desires, may make modifications to the plans and application and may resubmit another application at any time.

M.

In circumstances where the application seeks a material change in the appearance of a structure which would require the issuance of a building permit, the denial of the application for a certificate of appropriateness shall be binding upon the staff charged with issuing building permits and, upon denial of such application no building permit shall be issued with respect to work or changes covered by such application.

N.

Where, by reason of unusual circumstances, the strict application of any provision of this section would result in the exceptional practical difficulty or undue hardship upon any owner of any specific property, the HPC, in passing upon applications, shall have the power to vary or modify strict adherence to such provisions, or to interpret the meaning of such provisions, so as to relieve such difficulty or hardship; provided such variances, modifications or interpretations shall remain in harmony with the general purpose and intent of such provisions, so that the architectural or historical integrity, or character of the property, shall be conserved and substantial justice done. In granting variations, the HPC may impose such reasonable and additional stipulations and conditions as will in its judgment best fulfill the purpose of this LDC.

O.

Any person adversely affected by any determination made by the Historic Preservation Commission relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the City Council.

1.

Any such appeal must be filed with the Manager within fifteen (15) days after the date of receipt of notification to such appellant by the commission of its determination.

2.

Upon appeal the City Council may approve, modify, or reject the determination made by the HPC, if the City Council finds that the commission abused its discretion in reaching its decision.

3.

The decision of the City Council shall be made within forty-five (45) days of the filing of such appeal.

4.

Appeals from decisions of the City Council may be taken to the Tift County Superior Court.

10.04.04   Procedures for action by the City Council.

A.

Generally. Within the city limits of the City of Tifton, Georgia, the governing authority shall be the Mayor and City Council of the City of Tifton, Georgia.

B.

Rezoning Procedures.

1.

General conditions.

a.

Zoning regulations, including the zoning map, may be amended by the governing authority on their own motion, on petition, or on recommendation of the Planning Commission, but no amendment shall become effective, unless it shall have been proposed by or shall first have been submitted to the Planning Commission for review and recommendation.

b.

Before enacting an amendment to these regulations, the governing authority shall give public notice and hold a public hearing thereon as set forth in this LDC.

2.

Application for amendment.

a.

Applications for amendment of these regulations may be in the form of proposals for amendment of the text of these regulations or proposals for amendment of the zoning maps.

b.

Applications shall be in the form specified in Section 10.02.00.

c.

No application for a zoning change affecting the same parcel of property or part thereof shall be accepted by the Manager or his/her designee until the expiration of at least six (6) months immediately following the defeat of the rezoning request by the governing authority.

3.

Referral to Planning Commission.

a.

After the routine monthly application acceptance deadline, the Manager or his/her designee shall transmit a copy of the completed application to the Planning Commission, and applicable staff members, for review and recommendation.

b.

The Planning Commission shall review each application for consistency with the adopted Comprehensive Plan, and the adopted standards for exercise of the zoning powers.

c.

The Planning Commission shall have thirty (30) days within which to submit a report to the governing authority.

d.

The staff report and Planning Commission recommendations shall then be transmitted to the governing authority.

4.

Standards for exercise of zoning powers. In order to promote the public health, safety, and general welfare of the City of Tifton and the residents thereof against the unrestricted use of property, the following standards, and any other factors relevant to balancing the above-stated public interest, shall be considered by the governing authority in making any zoning decision:

a.

The existing land use pattern;

b.

The possible creation of an isolated district unrelated to adjacent and near districts;

c.

The existing population density pattern and the possible increase or overtaxing of the load on public facilities;

d.

Whether changed or changing conditions make the passage of the proposed amendment reasonable;

e.

Whether the proposed change will adversely influence existing conditions in the neighborhood or the community at large;

f.

Potential impact on the environment, including, but not limited to, drainage, soil erosion, and sedimentation, flooding, air quality, and water quality and quantity;

g.

The reasonableness of the costs required of the public in providing, improving, increasing or maintaining public utilities, schools, streets and public safety necessities when considering the proposed change;

h.

Whether the proposed change will be detrimental to the value, improvement, or development of adjacent or nearby property in accordance with existing regulations;

i.

Whether the proposed change is out of scale with the needs of the neighborhood, area, or City of Tifton;

j.

Whether the proposed change will constitute a grant of special privilege to the individual owner as contrasted with the adjacent or nearby neighborhood or with the general public; and

k.

The extent to which the zoning decision is consistent with the Comprehensive Plan, as duly amended.

i.

The Comprehensive Plan is established as official policy of the City of Tifton.

ii.

As such, the goals and policies of the Plan, and the resultant Future Land Use Plan, shall serve as the guide under which areas are divided into zoning districts.

5.

Additional Restrictions and Standards may be required.

a.

Provided, that the governing authority may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood; and

b.

Provided that wherever the governing authority shall find in the case of any permit granted pursuant to the provisions of these regulations that any term, condition or restrictions upon which such permit was granted are not being complied with, said governing authority shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

C.

Removal of Recorded Subdivision.

1.

After a subdivision has been recorded, the property owner or his agent may petition the governing authority for permission to remove the subdivision plat from the land records of Tift County.

2.

The governing authority may permit such removal providing that no lot in the subdivision has been sold.

3.

Upon giving its permission for such removal, the governing authority shall release bonds or cash posted by the property owner pursuant to the provisions of Section 10.02.09.

D.

Amendments to LDC text. Action by the governing authority regarding proposed amendments to the LDC text shall be taken at an advertised public hearing, and shall be based on the following information:

1.

The staff compliance report and recommendation;

2.

The recommendation of the Planning Commission;

3.

The application and supporting documentation; and

4.

Testimony during the public hearing.

(Ord. No. 2018-21, (Exh. A), 10-15-2018)

10.05.01   Applicability.

A.

The planning and zoning commission shall hear and decide upon appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Manager or his/her designee in the enforcement of this LDC.

B.

Appeals to the planning and zoning commission may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing authority affected by any decision of the Manager or his/her designee. Such appeals shall be filed no later than thirty (30) days after the date of notification of the decision appealed from by filing with the Manager, and with the planning and zoning commission, a notice of appeal specifying the grounds thereof. The Manager or his/her designee shall forthwith transmit to the planning and zoning commission all the papers constituting the record upon which the action appealed from was taken.

C.

The suspension, revocation, modification or grant with condition of a permit by the governing authority upon finding that the holder is not in compliance with this LDC; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the planning and zoning commission.

(Ord. No. 2024-03, 3-18-2024)

10.05.02   Stay of proceedings.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Manager or his/her designee certifies to the governing authority after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the planning and zoning commission or by a court of record on application, on notice to the Manager or his/her designee, and on due cause shown.

(Ord. No. 2024-03, 3-18-2024)

10.05.03   Action on appeals.

A.

Before making its decision on any appeal, request for a variance, or any other matter within the planning and zoning commission's authority, the planning and zoning commission shall hold a public hearing, in conformance with the provisions and notice requirements of this LDC.

B.

The appellant and any public agency or private individual shall be entitled to present evidence on matters before the planning and zoning commission board, and the planning and zoning commission may request technical service, advice, data, or factual evidence from the Manager or his/her designee and the governing authority for assistance in reaching decisions.

C.

The planning and zoning commission may, in conformity with the provisions of this LDC, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the Manager. The board may direct the issuance of a permit. It shall be the duty of the Manager or his/her designee to carry out the decisions of the planning and zoning commission.

(Ord. No. 2024-03, 3-18-2024)

10.05.04   Appeals to Superior Court.

Appeal from the Governing Authority. Any party aggrieved by any decision of the Mayor and City Council or the Zoning Board of Appeals may seek review of such decision by the Tift County Superior Court, as provided by law.

(Ord. No. 2024-03, 3-18-2024)

10.06.01   Enforcement.

A.

General Remedies. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is or is proposed to be used in violation of these regulations, the Manager or his/her designee or any adjacent or neighboring property owner or occupant who would be damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land.

B.

Enforcement Authority. Upon determination by the Manager or his/her designee that reasonable grounds exist to believe that there exists any violation of any provision of this LDC, the building permit or a landscape plan, the Manager or his/her designee shall be entitled to take any, all or any combination of the following actions, or to cause such actions to be taken, as the Manager or his/her designee in his sole discretion shall determine to be appropriate:

1.

Give written notice to the applicant, owner, developer, landscape contractor and/or other appropriate persons of the existence of such violations, the nature and extent of the violations, the actions necessary to correct the violations, and the time limit within which remedial actions must be taken;

2.

Suspend or revoke any or all building permits and land disturbance permits issued;

3.

Issue stop work orders in connection with any or all construction, work or other activity then being conducted upon the lot pursuant to any building or construction license, permit, or any land disturbance permit which has been issued;

4.

Declare any bond or security given pursuant to this LDC forfeited in the event of circumstances authorizing the forfeiture following the giving of written notice to the principal and any surety thereon of intention to so do and the failure of the circumstances giving rise thereto to be remedied within sixty (60) days thereafter, to take all actions necessary to collect the proceeds thereof, and to proceed to remedy the circumstances giving rise to the forfeiture upon collection of the proceeds of the bond or security;

5.

Institute civil proceedings to effectuate remedy of the circumstances giving rise to the violations; and

6.

Take such other actions as are appropriate under the circumstances in order to obtain compliance with the provisions of this LDC consistent with applicable law and available resources of the governing authority.

C.

Stay of enforcement. Filing of an appeal to determination of Manager or his/her designee to the planning and zoning commission or filing of an application for rezoning with the governing authority will automatically stay enforcement until the appeal or rezoning question is resolved.

D.

Historic properties. The Manager or his/her designee shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property or of any site, structure or object of art located in a historic district, except to the extent that such changes are made in compliance with the provisions of this LDC and to prevent any illegal act or conduct with respect to any such historic property or to any site, structure or object of art located in a historic district and to issue citations to any person engaged in any such activity.

E.

Erosion control.

1.

Notice of violation.

a.

The Manager or his/her designee will periodically inspect the sites of land disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation.

b.

If, through inspection, it is deemed that a person engaged in land disturbing activities as defined in this LDC has failed to comply with the approved plan, with permit conditions or with the provisions of this LDC, a written notice to comply shall be served upon that person.

c.

The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed.

d.

If the person engaged in the land disturbing activity fails to comply with the time specified, he shall be deemed in violation of this LDC.

2.

Investigation authority. The Manager or his/her designee shall have the power to conduct such investigations as he may reasonably deem necessary to carry out duties as prescribed in this LDC, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land disturbing activities.

3.

Access for inspections to be permitted. No person shall refuse entry or access to any authorized representative or agent of the governing authority who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

(Ord. No. 2024-03, 3-18-2024)

10.06.02   Penalties.

Any person who is convicted of violating a provision of this LDC, or fails to comply therewith or with any of the requirements of this LDC, or who shall erect, construct, alter, demolish or move any building or structure or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of a detailed statement or drawing submitted and approved under this LDC, shall, upon conviction, be penalized as provided in Chapter 1, Section 1-11 of the Code of Ordinances for the City of Tifton. Each day of continued violation shall be considered a separate offense.

10.06.03   Revocation and suspension of license/denial of permit.

A.

In addition to other remedies and/or penalties provided herein, upon recommendation of the Director, the city manager shall conduct a hearing to determine whether or not a licensee's license should be revoked or suspended or the denial of a permit.

B.

The City Manager shall have the authority to suspend or revoke the license of a person, to discipline a licensed person or deny the issuance of a permit upon a finding that the licensee or applicant has committed any one of the following acts:

1.

Obtaining a license or permit by fraud or misrepresentation or otherwise knowingly giving false or forged evidence;

2.

Being convicted or found guilty of or entering a plea of guilty or nolo contendere to a criminal act constituting a felony in any jurisdiction which directly relates to the practice of residential or general contracting or the ability to practice contracting;

3.

Performing any act that assists a person or entity in the prohibited unlicensed practice of contracting if the licensee or applicant knows or has reasonable grounds to know that the person or entity is unlicensed;

4.

Knowingly combining or conspiring with an unlicensed person by allowing his or her license to be used with the intent to evade the requirements of Title 43, Chapter 41 of the Official Code of Georgia, the City of Tifton Code of Ordinances or this LDC;

5.

Failing in any material respect to comply with the provisions of Title 43, Chapter 41 of the Official Code of Georgia or violating any rule, regulation or order of the State Licensing Board for Residential and General Contractors, the City of Tifton Code of Ordinances or this LDC. A conviction or plea of nolo contender to a violation of the City of Tifton Code of Ordinances or this LDC shall be prima facie evidence that the license or permit holder has violated this subsection;

6.

Abandoning a construction project in which the contractor who is the individual license holder or a business organization or permit holder for whom the license holder is a qualifying agent is engaged or under contract as a residential or general contractor. A project may be presumed abandoned after 90 days if the contractor has ceased work on or terminated performance on the project without just cause and without proper notification to the owner, including the reason for the termination, cessation, or abandonment;

7.

Signing a statement with respect to a project or contract falsely indicating that the work is bonded; knowingly and falsely indicating by written statement issued to the owner that payment has been made for all subcontracted work, labor, and materials and for all materials furnished and installed which statement is reasonably relied upon and actually results in a financial loss to the owner; or falsely indicating that workers' compensation and general liability insurance are provided;

8.

Committing fraud or deceit in the practice of contracting, including falsely advertising, representing, or holding himself or herself or an affiliated business organization out as having a valid and current license or permit;

9.

Committing gross negligence, repeated or persistent negligence, negligence resulting in a significant danger to life or property or repeated violations of Title 43, Chapter 41 of the Official Code of Georgia or violating any rule, regulation or order of the State Licensing Board for Residential and General Contractors, the City of Tifton Code of Ordinances or this LDC;

10.

Proceeding on any job without obtaining applicable permits and inspections;

11.

Using or attempting to use a license that has expired or has been suspended or revoked;

12.

Knowingly, intentionally or negligently engaging any subcontractor to perform work within the scope of the general or residential construction contract which requires a license under Title 43, Chapter 14 of the Official Code of Georgia who does not possess a current and valid license for such work; or

13.

Failing to satisfy within a reasonable time the terms of a final civil judgment obtained against the licensee or permit holder.

C.

Upon consideration of the recommendation of the Director and a finding by the city manager that ground or grounds may exist for the suspension or revocation of a license pursuant to the provisions of this chapter or the denial of a permit, then the city manager shall cause a written notice to be issued to the holder of such license or applicant, requiring such holder or applicant to show cause why the holder's license should not be revoked or suspended or permit denied. The notice shall specify the date, time and place of the hearing which shall not be less than five days nor more than 30 days from the date of service of the notice. The notice may be served by certified mail, statutory overnight delivery or by personal service on the licensee or applicant. The written notice shall state the alleged violations that may authorize possible suspension or revocation of such license or the denial of the permit.

D.

At such hearing the holder of the license or applicant shall have the opportunity to show cause why the license should not be suspended or revoked or permit denied and shall be entitled to the opportunity to present evidence, to present witnesses, to cross examine witnesses presenting evidence in favor of suspension or revocation, to be represented by an attorney, and to have the proceeding transcribed or recorded at the license holder's or applicant's expense.

E.

Following the conclusion of such hearing the city manager shall, within 30 days of the date of such hearing, render his decision. The City Manager may take any one or more of the following actions against any license holder or applicant found to have committed any one or more of the acts listed in subsection (B) of this section:

1.

Place the license holder or applicant on probation or reprimand the license holder or applicant; or

2.

Revoke a license, including the license of a person as an individual as well as that of a qualifying agent of a business organization together with the interest of the business organization qualified thereby in such license; suspend such a license for a stated period of time not exceeding one year; or deny the issuance or renewal of the license;

3.

Suspend the ability of the applicant to apply for a permit for a specified period of time;

4.

Require financial restitution to a consumer for financial harm directly related to a violation of a provision of this chapter;

5.

Require continuing education; or

6.

Assess costs associated with the investigation and prosecution.

The city manager shall determine whether the license in issue should be suspended or revoked and, if suspended, then the duration of such suspension. The fee for reinstatement of the license shall be $250.00.

F.

Upon the suspension or revocation of such license or denial of a permit then the city manager shall cause the license holder or applicant to be notified in writing within ten days of such decision of the nature of such decision and the grounds therefor and thereupon the license shall immediately become suspended or terminated or permit denied in accordance with such decision. In the event a license is suspended or revoked, the license holder shall immediately upon receipt of such notice cease and desist from all activity authorized under such license in accordance with such decision and physically surrender such license to the finance director.

G.

If the city manager determines that grounds do not exist to deny a permit or to suspend or terminate such license, or decides to not deny the issuance of a permit or suspend or terminate such license notwithstanding the existence of grounds therefor, then the city manager shall promptly notify the license holder or applicant thereof.

H.

An appeal from the decision of the City Manager shall be taken to the Zoning Board of Appeals as provided in Section 10.05.00 of this Chapter. However, an appeal to the Zoning Board of Appeals shall not stay the decision of the city manager due to the inherent risk to cause imminent peril to life and/or property.

(Ord. No. 2015-05, 3-2-2015; Ord. No. 2018-21, (Exh. A), 10-15-2018)