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Walton County Unincorporated
City Zoning Code

ARTICLE 8

PERMITS AND FINAL PLAT PROCEDURES

Section 8-1-100 - Application

No person shall proceed with any disturbance of the land, including clearing, grubbing, or grading activities on a proposed structure, development, or subdivision before obtaining a Development Permit or Building Permit from the Director, unless it is an agricultural activity in the A district.

Section 8-1-110 - Pre-Application Conference

A.

Whenever the development of a site or subdivision of a tract of land is proposed, the developer is encouraged to schedule an informal pre-application conference with the Department. The purpose of the pre-application conference stage is to facilitate the subsequent preparation of Site Development Plans and plats by clarifying matters relating to the proposed development.

B.

During the pre-application conference, the Department shall determine which procedures and approvals are required. The Director's determination shall be presumed to be correct. The Director may assign the application to procedures appropriate for one (1) of the following:

1.

Exempt Subdivision

2.

Standard Subdivision

3.

Non-Residential or Multi-family Site Development

Section 8-1-120 - Developments of Regional Impact

A.

When an application for rezoning, conditional use permit or preliminary plat review includes any of the uses listed in Table 120 below and that use exceeds the listed thresholds of intensity, it shall be deemed to be a Development of Regional Impact (DRI). In accordance with Georgia Department of Community Affairs Chapter 110-12-3, Developments of Regional Impact, the application for such rezoning, conditional use permit or preliminary plat review shall include:

1.

Three (3) copies of a completed traffic study supplied by the applicant and prepared by a professional engineer registered in the State of Georgia. The traffic study must be prepared in conformity with the Traffic Study Guidelines included in this Ordinance as Appendix D;

2.

Two (2) copies of completed forms provided by the Planning and Development Office for review by the Northeast Georgia Regional Development Center (NEGRDC) and other affected state and local government agencies as they shall deem appropriate; and

3.

Two (2) copies of a site development plan that includes the proposed site plan for the subject property, as well as a conceptual plan for all contiguous properties under the same ownership as the property for which DRI documentation is being prepared.

B.

The Planning and Development Office is responsible for submitting Forms 1 and 2 to the NEGRDC. The applicant shall attend a pre-application conference with NEGRDC, if required by NEGRDC.

Type of DevelopmentMetropolitan Tier
(1) Office Greater than 400,000 gross square feet
(2) Commercial Greater than 300,000 gross square feet
(3) Wholesale & Distribution Greater than 500,000 gross square feet
(4) Hospitals and Health Care Facilities Greater than 300 new beds; or generating more than 375 peak hour vehicle trips per day
(5) Housing Greater than 400 new lots or units
(6) Industrial Greater than 500,000 gross square feet; or employing more than 1,600 workers; or covering more than 400 acres
(7) Hotels Greater than 400 rooms
(8) Mixed Use Gross square feet greater than 400,000 (with residential units calculated at either 1800 square feet per unit or, if applicable, the minimum square footage allowed by local development regulations); or covering more than 120 acres; or if any of the individual uses meets or exceeds a threshold as identified herein
(9) Airports All new airports, runways and runway extensions
(10) Attractions & Recreational Facilities Greater than 1,500 parking spaces or a seating capacity of more than 6,000
(11) Post-Secondary School New school with a capacity of more than 2,400 students; or expansion by at least 25 percent of capacity
(12) Waste Handling Facilities New facility or expansion of use of an existing facility by 50 percent or more
(13) Quarries, Asphalt & Cement Plants New facility or expansion of existing facility by more than 50 percent
(14) Wastewater Treatment Facilities New major conventional treatment facility or expansion of existing facility by more than 50 percent; or community septic treatment facilities exceeding 150,000 gallons per day or serving a development project that meets or exceeds an applicable threshold as identified herein
(15) Petroleum Storage Facilities Storage greater than 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity greater than 200,000 barrels
(16) Water Supply Intakes/Public Wells/Reservoirs/Treatment Facilities New Facilities
(17) Intermodal Terminals New Facilities
(18) Truck Stops A new facility with more than 3 diesel fuel pumps, or containing a half acre of truck parking or 10 truck parking spaces
(19) Correctional/Detention Facilities Greater than 300 new beds; or generating more than 375 peak hour vehicle trips per day
(20) Any other development types not identified above (includes parking facilities) 1,000 parking spaces or, if available, more than 5,000 daily trips generated

 

C.

No action shall occur on such a rezoning, conditional use permit or preliminary plat review application until a recommendation is received from the NEGRDC regarding the DRI, provided that such application shall have been complete in every respect and was received by the Board of Commissioners within ninety (90) days of the date that the completed DRI review application forms were received by the NEGRDC.

(8-2-11; Ord. No. OA24060019-17, 11-5-2024)

Section 8-1-130 - Complete Application

A.

Applications are to be completed and all required fees for review of the preliminary plat, construction plans and final plat are to be paid when the plans are submitted.

B.

The Director may deem the application incomplete if:

1.

The application lacks required information;

2.

The Director requires any additions or corrections of information necessary to make an informed decision; or

3.

Fees are not paid, not sufficient, or the check was returned by the bank for insufficient funds.

C.

Failure to provide all information may result in delays and possible requirement of application re-submittal.

D.

Acceptance of plans by Walton County shall not constitute or guarantee any rights unless such plans are prepared in accordance with this Ordinance.

E.

It is the responsibility of the applicant to ensure the completeness and accuracy of the plans and to submit payment of any required fees.

(7-6-2021)

Section 8-1-140 - Exempt Subdivisions

A.

For the purpose of this Ordinance each of the types of activities described below shall be considered subdivisions but exempt from the procedures and required site improvement provisions of this Ordinance:

1.

The combination of existing tracts, reconfiguration of existing tracts or creation of tracts into no more than three (3) buildable lots of record. An Exemption Plat shall not be required for aggregations of properties for land assembly purposes where no building permit will be requested prior to issuance of a development permit.

2.

The division among heirs or family members of land in the Agriculture District into lots greater than twenty (20) acres each, or into three (3) or fewer lots having a minimum lot size of five (5) acres provided each lot meet the requirements of this Ordinance.

3.

An amnesty lot recorded as a buildable lot of record at least ten (10) days prior to the effective date of this Ordinance but not reviewed and approved under the provisions of this Ordinance, provided that:

a.

The lot meets all requirements of an exempt subdivision contained in Section 8-1-140, Paragraph A of this Part.

b.

The Exemption Plat is limited to one (1) individual lot and no property that adjoins the lot is owned, or has been owned, by the applicant in whole or in part.

4.

The division of land into parcels of two (2) acres or more where no new street is involved. (Must comply with Article 6, Rural Public Road Development.)

B.

Exempt subdivisions shall be drawn as an Exemption Plat in accordance with the Minor Plat standards and shall be submitted electronically or two (2) paper copies submitted in office with appropriate fees to the Director for review and approval. Upon approval, the Director shall authorize the recording of the Exemption Plat with the Clerk of Superior Court of Walton County and grant the issuance of building permits pursuant to the codes and ordinances of Walton County.

C.

A Record Survey certified by a Land Surveyor currently registered in the State of Georgia shall be submitted to and approved by the Director showing the lot or lots in the exemption subdivision.

D.

The following standards apply to exempt subdivisions:

1.

The subdivision or lot meets all requirements of this Ordinance and the applicant demonstrates that approval of the subdivision or lot will not create non-conformity to the requirements of this Ordinance on any other portion of the original property from which the lot was subdivided.

2.

The lot fronts on an existing public street.

3.

No extension of utilities or construction of public streets is required. If public water exists or is extended fire hydrants will be required every eight hundred (800) feet.

4.

The lot shall comply with the requirements of the water provider and Health Department, or public sanitary sewer provider, as appropriate. If new utilities are required or existing utilities are being modified, the Health Department or public sanitary sewer provider, as appropriate shall certify approval of wastewater treatment service prior to approval of the Exemption Plat by the Director.

5.

All slope and utility easements and necessary street right-of-way as determined by the Director on the basis of the Thoroughfare Plan shall be provided at no cost to Walton County.

Section 8-1-150 - Standard Subdivisions

A.

A proposed division of a buildable lot of record into two (2) or more lots, except for those proposed developments which meet the definition of an exempt subdivision shall be subject to the application, review and approval procedures outlined below, including preparation and approval of a preliminary plat, construction plans, and final plat.

B.

Prior to any land disturbance or selling any lots, the developer shall submit for approval a Preliminary Plat of the proposed subdivision. The Preliminary Plat shall be prepared in accordance with this Ordinance and consist of the elements described in Appendix A. The preliminary plat, construction plans and other engineering data shall be prepared and sealed by a Professional Land Surveyor, Engineer or Landscape Architect currently registered in the State of Georgia, in accordance with the provisions of Georgia law. The developer shall also provide copies of the Preliminary Plat to all utility companies serving the area.

C.

The construction plans shall include a Tree Protection Plan and a Soil Erosion and Sedimentation Control Plan prepared in conformance with this Ordinance.

D.

The developer shall coordinate review of the Preliminary Plat with the electric provider, water provider, public sanitary sewer provider, Health Department, Fire Department, and any other designated for review.

E.

No more than thirty (30) working days after the official date of submission of the Preliminary Plat, the Director shall either approve or disapprove the plat, in which case the Director shall notify the developer in writing, stating the reasons. If approved, such action shall be noted on two (2) copies of the Preliminary Plat. One (1) copy shall be returned to the applicant and the other copy retained and made a part of the Department's records.

F.

Failure of the Department to act within thirty (30) work days of the official date of submission of the Preliminary Plat shall be deemed approval of the plat and a certificate to that effect shall be issued at the developer's request, provided the developer does not consent in writing to an extension of time, if requested by the Department for further study of the plat.

G.

The Director shall indicate on a review copy of the drawings or in a memorandum all comments related to compliance of the development plans with this Ordinance, principles of good engineering and design, conditions of zoning approval, and regulations of other County departments and State agencies as appropriate. The Director shall have final staff authority to determine the applicability of any and all comments of staff, and review agencies under these Regulations or conditions of zoning approval.

H.

The Director may not approve any Preliminary Plat on which is shown a lot that would clearly require a variance to be reasonably usable, or that is otherwise "unbuildable" whether due to the presence of a floodplain, configuration, or lack of public utilities.

I.

The developer shall be responsible for compliance with all federal, state and local codes, regulations, and zoning requirements and for the satisfaction of all of the noted and written comments of the Planning Commission, Board of Commissioners, and Director.

J.

When the Director has determined that the Preliminary Plat and other development plans are in compliance with all this Ordinance and approval has been received from all affected County Departments, the Director shall sign and date a reproducible copy of the plat. Copies of the approved plat and development plans shall be transmitted to the applicant and copies retained by the Department for its records.

Section 8-1-160 - Effect of Preliminary Plat Approval

A.

Following approval of the Preliminary Plat and construction plans required for a development permit, a development permit shall be issued at the developer's request.

B.

Approval of the Preliminary Plat shall be deemed an expression of approval of the layout of the subdivision to be used as a guide to the preparation of the Final Plat.

C.

The approval of the Preliminary Plat shall expire if a development permit has not been issued or a final plat submitted for recording within six (6) months of the date of approval.

Section 8-1-170 - Final Approval of Subdivisions

A.

After completion of the construction, or proper arrangements for all or part of the area shown on the approved Preliminary Plat and before selling any lots, a Final Plat together with the required certificates shall be submitted to the Department for approval (See Appendix A for specifications of Final Plat documents). The developer shall also provide copies of the Final Plat to all utility companies serving the area.

B.

A Final Plat may be submitted after the Preliminary Plat has been given approval and required improvements have been completed or proper surety is provided.

C.

The developer shall submit to the Department the original drawing and four (4) copies of the Final Plat and other documents, as required. The scale on the plat shall not be less than one hundred (100) feet to one (1) inch unless otherwise approved by the Director. The plat shall be prepared, signed, and sealed by a Land Surveyor, Professional Engineer or Landscape Architect currently registered in the State of Georgia, in accordance with the provisions of Georgia law.

D.

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

E.

All improvements and installations to the subdivision that are required for approval of the Final Plat and that are to be dedicated under the rules and regulations of the County have been completed in accordance with the appropriate specifications unless the developer provides a performance surety for required improvements not yet completed with the Performance and Maintenance Agreement as provided in Section 8-1-240.

F.

The final plat shall not be approved by the Director until all requirements of these and other applicable regulations have been met, and the Director has received an executed Performance and Agreement and surety, as provided in Section 8-1-240.

G.

The Director shall certify by signature on the original of the plat that all of the requirements of this Ordinance, and the conditions of zoning approval have been met, and that all other affected departments have approved the plat.

H.

Once the Final Plat has been approved, the Director shall authorize recording with the Clerk of the Superior Court of Walton County. The developer shall provide the Department with an appropriate number of copies of the recorded plat, as determined by the Director. The Final Plat shall indicate rights-of-way and other lands within the subdivision that are required to be dedicated to Walton County

I.

After Final Plat approval by the Director, the developer shall prepare appropriate documents and plans as constructed, if required, and request the County and other appropriate authorities to accept dedicated streets, other public spaces, and utilities.

J.

Periodically, but no less than once each month, the Director shall submit a listing of all approved Final Plats to the Board of Commissioners for acceptance of all dedications.

K.

The Board of Commissioners shall ratify Final Plats and accept rights-of-way and improvements dedicated to Walton County by action taken during a regularly scheduled meeting.

L.

Ratification of the Final Plat by the Board of Commissioners shall be deemed acceptance of any dedications to the public.

Section 8-1-180 - Structure Location Plan

A.

The Department may require that a Structure Location Plan be approved prior to issuance of a building permit on certain lots when particular care in locating the house or other improvements will be necessary. Such lots include, but are not limited to:

1.

A lot which presents particular or unusual difficulties for a builder to meet minimum required building setbacks or tree protection requirements;

2.

A lot containing an easement;

3.

A lot containing floodplain but upon which no fill or other encroachment into the floodplain is anticipated at the time the Final Plat is filed;

4.

A lot upon which is located all or part of a storm water detention facility;

5.

A lot upon which is located a buffer which is required by this Ordinance or as a condition of zoning approval;

6.

All duplex lots;

7.

A lot which is located within, or partially within, a watershed protection district greenway or setback, river corridor greenway, stream buffer zone, wetland, or

8.

A lot containing historical resources.

B.

The Structure Location Plan shall be prepared in accordance with the requirements outlined in Appendix A.

Section 8-1-190 - Non-Residential or Multi-Family Development Plans

Any proposed development of a single parcel of land, other than a one- or two-family dwelling or residential accessory structures, shall be classified as a non-residential of multi-family development and subject to the review procedures established below.

A.

The developer shall submit an application, fee and four (4) sets of site development plans to the Department using an application form as provided by the Department.

B.

A development permit may not be issued until the Department has approved a Tree Protection and Landscape Plan in conformance with this Ordinance and an Erosion and Sedimentation Control Plan prepared in conformance with the Soil Erosion and Sedimentation Control Ordinance, Article 11, Part 11-3.

C.

For non-residential and multi-family structures:

1.

Issuance of a building permit for any principal building or associated accessory structures shall first require issuance of a Development Permit for the building site unless otherwise approved by the Director. The building permit shall be consistent with the Development Permit.

2.

Building plans must be reviewed and approved by the Director prior to issuing any permit for any structure. Building plan approval shall expire after one (1) year, after which re-review and approval shall be required prior to issuance of a building permit for the building or additional buildings.

D.

The application shall include the Site Development Plan and site construction drawings. All site construction drawings and other engineering data shall be prepared and sealed by a Professional Engineer or Landscape Architect currently registered in the State of Georgia, in accordance with the provisions of Georgia law.

E.

The Director shall indicate on a review copy of the drawings or in written memorandum all comments related to compliance of the site Development Plans with this Ordinance, principles of good design, conditions of zoning, and other applicable County, State and Federal regulations. The Director shall have final staff authority to determine the applicability of any and all comments under this Ordinance or conditions of zoning.

F.

Rights-of-way or lands to be dedicated to Walton County in fee simple shall be indicated in the approved site development plans signed by the Director and shall be processed for ratification by the Board of Commissioners as provided in Article 9, Section 9-1-100 of this Ordinance.

G.

The site development plans shall be approved when the Director determines that the plans are in compliance with this Ordinance. A development permit shall be issued at the developer's request to begin construction activities based on the approved site development plans. A building permit may also be issued on the basis of the approved development permit. A Certificate of Occupancy may not be issued, until construction is completed in accordance with this Ordinance.

Section 8-1-200 - Final Non-Residential and Multi-Family Approval Process

The Director shall further determine that either:

A.

All public improvements and installations to the development that are to be dedicated and are required for approval of the Certificate of Occupancy under this Ordinance have been completed in accordance with the appropriate specifications; or

B.

All of the storm water drainage and detention facilities, water and sewer utilities, street base and curbing construction required for approval of the Certificate of Occupancy have been properly installed and completed and, for those required public improvements not yet completed, within areas to be dedicated (grassing, pavement topping, required landscaping, sidewalks, etc.), a performance surety shall have been filed by the developer with the Development Performance and Maintenance Agreement as provided in Section 8-1-240 of this Part.

C.

Once the affected departments and agencies having jurisdiction have certified compliance, the Director shall certify by signature on the Certificate of Occupancy that all of the requirements of this Ordinance, and the conditions of zoning have been met. The Certificate of Occupancy shall not be deemed approved until the Director has signed it. Where use of septic tanks or private wells is proposed, the final approval of the Health Department shall be required prior to the approval of Certification of Occupancy.

Section 8-1-210 - Initiation of Development Activities

A.

Following the issuance of the development permit:

1.

Required erosion control measures must be installed by the developer and inspected and approved by the Department prior to actual grading or removal of vegetation. All control measures shall be in place as soon after the initiation of activities as possible and in coordination with the progress of the project; and

2.

Areas required to be undisturbed by this Ordinance, Tree Protection provisions, conditions of zoning or any other applicable ordinances or regulations shall be designated by temporary fencing, flags or other appropriate markings and shall be inspected and approved prior to commencement of any clearing or grading activities.

Section 8-1-220 - Development Inspections

A.

The Department has the power to enter property to make inspections of land, land uses, structures, buildings, signs, and any construction or land disturbance activity related to the execution of its responsibilities pursuant to this Ordinance to determine if they conform to the requirements of this Ordinance and the Walton County Building Ordinance.

B.

The Developer or Contractor must notify the Department at least twenty-four (24) hours prior to commencement of each phase of development activity. The Department shall inspect and approve each phase prior to continuation of further activity or proceeding into new phases:

1.

Clearing and grubbing.

2.

Grading.

Installation of slope stakes shall be required. Upon completion of roadway grading, the Water Certificate shall be submitted to the water provider certifying that the centerline of the road and the offset centerline of the water line is within 6 inches of that shown on the approved plans or red-lined plan submittal. Inspection and approval shall be required prior to trenching or continuation with sub-base preparation.

3.

Installation of storm drainage pipe, detention or other storm water facilities.

4.

Installation of public sanitary sewer and appurtenances.

This notification shall be made simultaneously with official notification by the developer or contractor to the public sanitary sewer provider and is for informational purposes only to the Department.

5.

Curbing of roadways.

Inspection should be requested before the forms have been set (if used). Roadway width will be spot checked by string line between curb stakes.

6.

Sub-base or sub-grade of streets.

After compaction, the sub-grade will be string-lined for depth and crown. The sub-grade shall be roll tested and shall pass with no movement to the satisfaction of the Department.

7.

Street base.

The base will be string-lined for depth and crown and shall pass with no movement to the satisfaction of the Department.

8.

Paving.

A Department inspector shall be on site during the paving process to check consistency, depth, and workmanship, as applicable.

Section 8-1-230 - Approval of Development Conformance

A.

Responsibility for Quality and Design

The approval of plans or completion of inspections by County and authorization for work continuation shall not imply nor transfer acceptance of responsibility for the application of the principles of engineering, architecture, landscape architecture, or any other profession, from the professional corporation or individual who prepared or supervised and sealed the plans.

B.

Approval of Development Conformance

Approval of development conformance shall be a prerequisite to the approval of a Final Plat or issuance of a Certificate of Occupancy for any part of a project included in a development permit, except for single-family and two-family residential structures. The approval shall reflect certification that all site work and construction has been accomplished according to the terms of approved plans and permits, except when performance surety has been authorized, and that all facilities intended for maintenance, supervision and/or dedication to the public are in compliance with appropriate standards, regulations, codes, and ordinances. Such approval shall be revoked in cases of fraud or whenever unauthorized changes are made to the site without the benefit of required permits.

C.

Submission Requirements

Upon completion of the project, the owner may request a Certificate of Occupancy from the Director. The Director may require as-built drawings of storm water detention facilities and systems, and modifications to the limits of the 100-year flood plain. The Certificate of occupancy shall be in a form as provided by the Director.

D.

Final Inspection and Approval

Following final inspection and approval of all record drawings, the Director shall approve the Certificate of Occupancy.

Section 8-1-240 - Performance and Maintenance Bonds

A.

Performance and Maintenance Agreement

Prior to the approval of a Final Plat or Certificate of Occupancy, the developer shall provide to the Department a Performance and Maintenance Agreement in a form as required by the Department.

B.

Performance Surety

1.

When Required

Performance surety shall be required, prior to the approval of a Final Plat or Certificate of Occupancy, for any development containing unfinished amenities, improvements, or installations required to be constructed by this Ordinance or as a condition of any approval or permit granted thereunder, which the Director, in his sole discretion, determines to be the result of unusual weather, site conditions, or construction phasing situations. All other developments shall be completed prior to the approval of a Final Plat or Certificate of Occupancy.

2.

Purpose

Performance surety shall be conditioned upon the faithful performance by the developer of all work required to complete all amenities, improvements, and installations for the development in compliance with this Ordinance and any approval or permit granted thereunder within one (1) year of the approval of the Final Plat or Certificate of Occupancy.

3.

Form

Performance surety shall be payable to the County in the form of

a.

Cash deposited in an account with the County along with an escrow agreement, in a form acceptable to the Director, from the developer; or

b.

A surety bond, in a form acceptable to the Director, from a company that is listed on the U.S. Department of the Treasury's Listing of Approved Sureties (Department Circular 570) as of the date of issuance and authorized by law to do business in the State of Georgia; or

c.

An irrevocable letter of credit, in a form acceptable to the Director, from a financial institution that has a Texas Ratio of less than one hundred percent (100%) as of the date of issuance and is authorized by law to do business in the State of Georgia.

4.

Amount

Performance surety shall be in an amount equal to the cost of construction of the required work plus an additional fifty percent (50%) of said costs, as calculated by the Director.

5.

Period

Performance surety shall be for a period of one (1) year.

6.

Release and Forfeiture

Performance surety shall be released to the developer upon request if all work required to complete all amenities, improvements, and installations for the development in compliance with this Ordinance and any approval or permit granted thereunder has been completed within one (1) year. If such work has not been completed within said one-year period, the performance surety shall be forfeited to the County.

C.

Maintenance Surety

1.

When Required

Maintenance surety shall be required, prior to the approval of a Final Plat or Certificate of Occupancy, for any development containing public improvements.

2.

Purpose

Maintenance surety shall be conditioned upon the faithful maintenance by the developer of the public improvements in compliance with this Ordinance and any approval or permit granted thereunder for a period of two (2) years following the approval of the Final Plat or Certificate of Occupancy.

3.

Form

Maintenance surety shall be payable to the County in the form of

a.

Cash deposited in an account with the County along with an escrow agreement, in a form acceptable to the Director, from the developer; or

b.

A surety bond, in a form acceptable to the Director, from a company that is listed on the U.S. Department of the Treasury's Listing of Approved Sureties (Department Circular 570) as of the date of issuance and authorized by law to do business in the State of Georgia; or

c.

An irrevocable letter of credit, in a form acceptable to the Director, from a financial institution that has a Texas Ratio of less than one hundred percent (100%) as of the date of issuance and is authorized by law to do business in the State of Georgia.

4.

Amount

Maintenance surety shall be in an amount equal to fifty percent (50%) of the cost of construction of the public improvements, as calculated by the Director.

5.

Period

Maintenance surety shall be for a period of two (2) years.

6.

Release and Forfeiture

Maintenance surety shall be released to the developer upon request if the public improvements have been maintained in compliance with this Ordinance and any approval or permit granted thereunder for a period of two (2) years. If the public improvements are not so maintained by the developer for the entirety of said two-year period, the maintenance surety shall be forfeited to the County.

(4-1-14)

Section 8-1-250 - Permits Required

A.

Submittal

Any developer of land within unincorporated Walton County shall first submit to the Department such plans, plats or construction drawings as may be required by this Ordinance and receive approval of a development permit prior to the initiation of development activities.

B.

Permit Limitations

Development activities shall be limited to those authorized by the applicable development permit and as may be further restricted by conditions of approval attached by the Department or other departments or agencies as may have authority or jurisdiction over development activities.

C.

Responsibility for Compliance

No permit shall be interpreted to relieve any owner or developer of the responsibility of maintaining full compliance with all codes, ordinances or other regulations of Walton County, except as amended by an approved waiver, variance, or other relief granted through applicable formal appeal procedures for a specific property or application. Any permit issued in error or in contradiction to the provisions of an adopted code, ordinance, or regulation of Walton County shall be considered to have been null and void upon its issuance.

D.

Expiration of Development Permit

A development permit shall expire one (1) year after issuance unless development activity as authorized by the permit is initiated within ninety (90) days or if such authorized activities lapse and the project is abandoned for a period exceeding thirty (30) calendar days. The Director may approve one (1) extension not exceeding ninety (90) days within which time development activity must commence or the permit shall expire. The extension shall be applied for within the first twelve (12) consecutive calendar months after the permit's issuance.

E.

Stabilization For Erosion Control

If for any reason a development permit is revoked or expires after land disturbance activities have begun, the developer shall be responsible for immediately stabilizing the site to prevent erosion and sedimentation.

F.

Lapse in Construction Activity

For the purposes of this Ordinance, a lapse in or suspension of development activity as authorized by a development permit, as a direct result of action or inaction on the part of Walton County completely beyond the control of the developer, shall not be considered as a lapse in activity causing the development permit to expire. The 90-day period within which development activity must begin shall exclude any such time period during which the activity is prohibited or has been caused to lapse by County action or inaction.

G.

Building Permits

1.

It shall be unlawful to commence the excavation or filling of any lot for any construction of any building or structure or commence the moving or alteration of any building or structure until the Director has issued a building permit for such work. In applying to the Director for a building permit, the applicant shall file plans as specified below.

2.

Applicable Codes

Building permits for all structures or interior finishes shall be issued after meeting the applicable requirements of this Ordinance, the fire prevention codes, and the various health, water, public sewer, and building codes of Walton County.

3.

On-Site Sewage Disposal

For any structure for which on-site sewage disposal will be provided, a permit issued by the Health Department shall be required prior to issuance of a building permit.

4.

Single-Family and Duplex Residences

a.

A building permit for a single or two-family residence may be issued after the recording of a Final Plat or after the lot upon which the building is to be located has otherwise become a buildable lot of record.

b.

The approval of a Structure Location Plan may be required prior to issuance of the building permit as noted and conditioned on the Final Plat. For such lots a Certificate of Occupancy shall not be issued until conformance to the Structure Location Plan has been field verified or shown on a certified foundation survey prepared by a Registered Land Surveyor.

5.

Swimming Pools

Issuance of a building permit for a swimming pool as an accessory use to a single or two-family residence, whether to be issued at the same time as or subsequent to the permitting or construction of the house or duplex, shall first require conformance with this Ordinance, all other applicable Ordinances, and the safety standards of the Walton County Health Department.

6.

Issuance on Buildable Lots of Record

Building permits shall only be issued on buildable lots of record, as defined in this Ordinance, except under special circumstances limited to and as specifically described below:

a.

In single-family detached and duplex residential subdivisions, building permits for no more than two (2) model home buildings on specific lots may be issued on the basis of an approved Preliminary Plat after the approval of the Fire Marshal, the Health Department, and subject to all limitations or requirements as may be established by the Director. No Certificate of Occupancy shall be issued for the model home until the Final Plat, including the model building lots, has been approved and recorded.

b.

In non-residential subdivisions, the Director may issue building permits on the basis of an approved Preliminary Plat and after a development permit has been approved reflecting the Site Development Plan and construction drawings for specific buildings and associated site improvements. Issuance of the building permits shall be conditioned on the following:

(1)

Approval by the Director shall be required prior to issuance of any building permit, which may include approval of an acceptable access, fire hydrant location, and water pressure.

(2)

Approval of the Health Department for on-site sewage disposal or by the public sanitary sewer provider for a building to be served by public sewer, shall be required prior to issuance of any building permit.

c.

Construction of the required public improvements shall proceed concurrently with construction of the buildings.

d.

No Certificate of Occupancy shall be approved for any structure within the subdivision prior to recording of the Final Plat without the express approval of the Director.

e.

In fee-simple townhouse subdivisions, a building permit may be issued on a buildable lot of record established for each building (containing any number of townhouse dwelling units) through recording of a Final Plat following completion of all required public improvements. Upon completion of the buildings, the Final Plat shall be re-recorded to establish individual lots for the townhouse units, based on their actual locations, prior to issuance of Certificates of Occupancy.

7.

Expiration of Building Permit

Any building permit issued shall become invalid unless the work authorized by the permit has commenced within six (6) months of the date of issue or if the work authorized by the permit is suspended for a period of one (1) year.

Section 8-1-260 - Certificate of Occupancy Required For Non-Residential Uses

A.

Certificate of Occupancy issued by the Director is required in advance of occupancy or use of:

1.

A building or structure hereafter erected.

2.

An addition to an existing building or structure or alteration of the interior of an existing building or structure.

3.

A building or structure or premises in which there is a change of use.

B.

The Director shall issue a Certificate of Occupancy if the building is found to conform to the provisions of the building permit and this Ordinance and accurately reflect the statements made in the application for the building permit.

C.

A record of all certificates shall be kept on file in the Department and copies shall be furnished for a fee on request to any person having a proprietary or tenancy interest in the building or land involved.

Section 8-1-270 - Plat Recording and Usage

A.

No plat of a subdivision shall be accepted for recording the Plat Books or Deed Books in the office of the Clerk of Superior Court except a final plat on which is inscribed the approval of the Director, or his designee.

B.

The transfer of, sale, agreement to sell, or negotiation to sell land by reference to or exhibition of, or other use of a plat of a subdivision that has not been given final approval by the Board of Commissioners and recorded in the office of the Clerk of Superior Court of Walton County is prohibited, and the description of metes and bounds in the instrument of transfer or other document shall not exempt the transaction from penalties.

Section 8-1-280 - Moved-In House Permit

Any previously occupied structure that is relocated for permanent occupancy in Walton County other than a Manufactured Home or Industrialized Home must receive a permit from the Department either before it is relocated or before it enters Walton County. In order to be permitted, the structure must meet the following requirements:

A.

It shall be placed on a buildable lot of record;

B.

It shall be secured with a permanent foundation and connected to approved public utilities;

C.

On-site wastewater treatment system must be approved by the Health Department;

D.

An inspection report must be prepared by a professional architect or engineer registered in the State of Georgia certifying that the structure meets the code requirements of CABO or International Code Requirements with respect to:

1.

Plumbing systems;

2.

Heating, ventilation and air-conditioning systems;

3.

Electrical systems;

4.

Structural systems; and

5.

Energy Code

E.

Footings and other concrete structure requiring inspections shall be inspected by a third-party engineer approved to perform inspections in Walton County.

F.

The Department shall retain the right to require additional inspections or information required by the issuance of a building permit.

Section 8-2-100 - Development Design

The purpose of good subdivision and site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure a project will be an asset to the community. To promote this purpose, the subdivision and/or site plan shall conform to the following standards that are designed to result in a well-planned community without adding unnecessarily to development costs.

A.

Subdivision and site development plan design shall be based on an analysis of characteristics of the development site such as:

1.

Site context;

2.

Geology and soil;

3.

Topography;

4.

Climate;

5.

Ecology;

6.

Existing vegetation;

7.

Existing structures;

8.

Road networks;

9.

Visual features;

10.

Past and present use of site; and

11.

Local and regional plans for surrounding communities.

B.

Subdivision and Street Name

The name of the subdivision and streets must have approval of the Department. The name shall not duplicate nor closely approximate the name of an existing subdivision or street.

C.

Lots

All lots established in connection with the development of a subdivision shall comply with the following design standards unless the proposed subdivision is covered by approved variances or conditions of zoning that take precedence:

1.

Side lot lines shall be perpendicular or radial to street lines, unless otherwise approved by the Director.

2.

Each lot shall have direct abutting access to an approved street.

3.

Each lot shall provide at least forty (40) feet of road frontage.

4.

Each lot shall contain an adequate building site not subject to flooding and outside the limits of any existing easements or building setback lines required by this Ordinance.

5.

Double frontage and reverse frontage lots shall be required for residential subdivisions along the State Highway System or existing county roads where internal access can be provided. A no-access easement of at least ten (10) feet in width, across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery.

6.

Lot remnants or spite strips shall be prohibited. Such remnant areas shall be added to adjacent lots, rather than remain as unusable parcels.

7.

No lot shall be of a lesser dimension than that required to meet the minimum area, frontage, minimum setbacks and yards established in Article 4 unless a variance is granted by the Board of Appeals. However, this provision shall not apply when a portion of a lot is acquired for public use.

D.

Monuments

Solid steel rods at least one-half (½) inch in diameter or square, eighteen (18) inches long, shall be set at all street corners. The top of the monument shall have an indented cross to identify the location and shall be set flush or up to six (6) inches above the finished grade. All other lot corners shall be marked with solid steel rods not less than one-half (½) inch in diameter, and at least twenty-four (24) inches long and driven so as to be flush with the finished grade.

E.

Blocks

The length of a block shall not be greater than six hundred (600) feet without an intervening intersecting street except where approved by the Director.

(5-2-06)