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Article 11 — Procedures and Permits

current as of 2026-07-13verified current · checked 2026-08-24OfficialVerify with City of Duluth ↗31 sections · full chapter
§ 1101

Overview—Zoning and Land Development

1101.01. Application Intake and Processing

An application for any permit or approval under this Article or for a hardship variance or special exception variance under the Appeals Article of this Development Code will first be considered as follows:

1.If the application is for a project that qualifies as a Development of Regional Impact (DRI) and is the first request for City action or is a revision to a previous DRI, refer to Section 1123 of this Article for details and procedures.
2.If the application is for approval of an exemption plat for a minor subdivision, refer to 1101.03(2).
3.If the application is for any other type of approval or permit, refer to the appropriate Divisions and Sections of this Article or the Appeals Article for procedures pertinent to the request.
1101.02. Zoning Changes (Rezoning or Special Use

Approval)

1.If a proposed use is not allowed by right under the existing zoning on a property, a request for an amendment to the Official Zoning Map (often called a “rezoning”) or approval of a Special Use must be approved prior to development, construction, or occupancy.
2.See Article 2 of this Development Code for a list of all uses allowed by right or by Special Use approval in each zoning district.
3.A zoning change for approval of a subdivision, multi-family, or non-residential project must include a subdivision sketch plan, preliminary site development plan, or PUD master concept plan, as applicable, showing the proposed layout of the project.
1101.03. Subdivisions

Permitting and construction of a major or exemption subdivision will be conducted generally as described in the following Section.

1.Major Subdivisions.
a.The approval of a Concept Plan for a subdivision, if desired by the developer, allows a property to be developed in smaller portions within the context of the plan for the entire property. Approval of a Concept Plan also allows early issuance of a clearing or a clearing and grubbing permit for an appropriate portion of the subdivision.
b.A Development Permit is issued by the Planning and Development Director based on review and approval of a Preliminary Subdivision Plat and other development plans for construction of the subdivision.
c.Receipt and approval by the Planning and Development Department (for street improvements, landscaping, and drainage) and the Gwinnett County Department of Planning and Development (for water and sewer) of accurate descriptions of the as-built condition of public improvements are required in order to allow approval of a Certificate of Development Conformance by the Planning and Development Director.
d.An executed Development Performance and Maintenance Agreement, with appropriate maintenance warranty and performance guarantee documents attached, is received and approved by the Planning and Development Director.
e.Deeds and easement dedications, as applicable, for all public rights-of-way and other lands or facilities to be dedicated to the City of Duluth, and all improvement warranty and guarantee documents, are forwarded to the City Council for acceptance.
f.Approval of a Final Subdivision Plat by the Planning and Development Director will authorize recordation of the plat with the Clerk of the Gwinnett County Superior Court.
g.After recordation of the Final Plat, the lots may be sold, and building permits and driveway permits on the lots may be obtained.
h.Any final improvements deferred under a Performance Agreement must be completed and inspection approval obtained from the Planning and Development Department before the maintenance period begins.
i.At the end of the maintenance period, all public improvements will be inspected by the Planning and Development Department. After the developer has made any required repairs, the maintenance surety will be released by the City and the public improvements will be accepted into perpetual maintenance.
2.Minor Subdivisions. Approval of a minor subdivision, when required by Article 5, is accomplished through approval and recording of an exemption subdivision plat, as follows:
a.Deeds and easement agreements, as applicable, for all public rights-of-way, easements and other lands or facilities to be dedicated to the City of Duluth are received by the Director of Planning and Development and forwarded to the City Council for acceptance.
b.Approval of a Final Subdivision Plat for the exemption subdivision by the Planning and Development Director will authorize recordation of the plat with the Clerk of the Superior Court.
c.After recordation of the Final Plat, the lots may be sold, and building permits and driveway permits on the lots may be obtained.
1101.04. Multi-family and Nonresidential Projects
1.The approval of a Concept Plan for a multi-family or nonresidential project allows a property to be developed in smaller portions within the context of the plan for the entire property. Approval of a Concept Plan also allows early issuance of a clearing and grubbing or a grading permit for an appropriate portion of the project.
2.A Development Permit is issued by the Planning and Development Director based on review and approval of a Site Plan and other development plans for construction of the project.
3.A Building Permit is issued by the Planning and Development Director based on review and approval of architectural plans. Buildings falling under the authority of the Fire Marshal shall be approved by the Fire Marshal prior to issuance of the building permit.
4.Driveway and sign permits are issued by the Planning and Development Department.
5.Receipt and approval by the Planning and Development Director (for street improvements, landscaping and drainage) and the Gwinnett County Department of Water Resources (for water and sewer) of accurate descriptions of the as-built condition of public improvements is required in order to authorize issuance of a Certificate of Occupancy.
6.An executed Development Performance and Maintenance Agreement, with appropriate maintenance warranty and performance guarantee documents attached, along with a warranty for landscaping materials, is received and approved by the Planning and Development Director.
7.Acceptance of dedication deeds, easement agreements and improvement guarantees, if any, by the City Council is also required.
8.Permanent electric power and occupancy of the building is authorized by the Planning and Development Director based on final inspection and issuance of a Certificate of Occupancy.
9.At the end of the maintenance period, all public improvements will be inspected by the Planning and Development Department. After the developer has made any required repairs, the maintenance surety will be released by the City and the public improvements will be accepted into perpetual maintenance.

Division I. Zoning and Special Uses

§ 1102

Zoning and Special Uses, in General

1102.01. Authority
1.The “City of Duluth Official Zoning Map” may be amended from time to time by the City Council, but no map amendment (i.e., rezoning) or special use approval shall become effective unless it shall have been first submitted to the Planning Commission for review and recommendation.
2.Procedures for approval of special exceptions and variances are found in Article 12, Appeals.
3.Amendments to the text of this Development Code are addressed in Article 13, Administration and Enforcement.
1102.02. Initiation of Map Amendments and Special Use Approvals
1.A change in the zoning classification of a property by amending the Official Zoning Map, or a request for a special use on a property may be initiated by the owner of the property or the owner’s authorized representative by filing an application with the Planning and Development Department.
2.A change in the zoning of a property or consideration of a special use on a property may be initiated by the City Council on its own motion or at the request of any of the following: the Planning and Development Director, the Planning Commission, or the owner of a property due to extraordinary circumstances.
3.A general amendment to the Official Zoning Map involving some, many or all properties in the city may be initiated by the City Council on its own motion or at the request of the Planning and Development Director or the Planning Commission.
§ 1103

Zoning or Special Use Approval Process

For the purpose of this Section the term “zoning decision” shall have the meaning set forth in O.C.G.A. §36-66-3, covering both map amendments and special use approvals.

1103.01. Filing of Applications

All proposed map amendments and special use applications shall be submitted to the office of the Planning and Development Department in accordance with the schedule set by the Department.

1103.02. Pre-Application Conference
1.Prior to the filing of a rezoning or special use application, the owner or his representative is encouraged but not required to schedule a Pre-Application Conference with the Planning and Development Department Staff to review the feasibility of the proposed project in terms of its consistency with the land use plan, surrounding uses and zonings, and the adequacy of existing or public planned facilities. The owner is to provide the following information for consideration at this conference:
a.A sketch plan showing the location and acreage of the project and the proposed layout of the streets and uses in relation to existing natural and man-made conditions.

This plan may be a free-hand sketch made on a copy of a topographic map.

b.Proposed uses.
c.Identification of proposed method of water supply and sewage disposal.
2.Following the pre-application conference, the owner may file a rezoning or special use application, as appropriate, and supporting materials as outlined in this Division.
1103.03. Planning Commission Meeting
1.The Planning Commission shall hold a public meeting to consider the application after adequate public notice of the meeting has been given.
2.The City shall give notice of such public meeting and the application to be considered by providing notice of the meeting in the same manner as required for public hearings under Section 1103.04.
3.After hearing comments from all interested parties, the Planning Commission shall have 30 days within which to submit its recommendation, unless extended upon request of the applicant and the approval of the Planning Commission. If the Planning Commission fails to submit a recommendation within the specified period, the City Council may vote to proceed with a Public Hearing on the application without a recommendation from the Planning Commission.
1103.04. City Council Public Hearing; Notice
1.Subsequent to the Planning Commission’s review, or subsequent to the City Council’s decision to proceed without a recommendation, the City Clerk shall arrange a suitable hearing date for the City Council to consider the application.
2.Public Hearing Notice. If the proposed zoning decision is initiated by City Council, a notice of time, place, and purpose of the hearing shall be published at least 15 days, but not more than 45 days, prior to said public hearing in the official legal organ of the City of Duluth or another newspaper of general circulation within the territorial boundaries of the City of Duluth in accordance with O.C.G.A. §36-66-4. In addition, notice of the hearing shall be sent to the owners of any subject property at least 30 days prior to such hearing.
3.If the proposed zoning decision is initiated by a party other than the City Council, then:
a.The published notice, in addition to the foregoing, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and,
b.A sign or signs containing that same information shall be placed on the property by the Planning and Development Department not less than 15 days, nor more than 45 days, prior to the date of the hearing. The sign or signs shall be placed in a conspicuous location on the property frontage in such manner as to be legible from the public road. On lots with more than one road frontage, a sign will be placed facing each public road. If the property has no road frontage, a sign shall be placed at a location on each road where access will be gained to the property.
1103.05. Special Public Hearing; Multifamily Uses of Property

The following requirements are adopted as required by the Georgia Zoning Procedures Law (O.C.G.A. § 36-66-4(h)(1)).

1.When a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blank permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:
a.The zoning decision shall be adopted at two regular meetings of the City Council, during a period of not less than 21 days apart; and
b.Prior to the first meeting provided for in subparagraph (1) of this paragraph, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the final action on the zoning decision.

Furthermore, at least one of the public hearings must be held between the hours of 5:00 P.M.

and 8:00 P.M.

2.Notice of such hearing shall be given by:
a.Posting notice on each affected premises in the manner prescribed by O.C.G.A. §36-66-4(b);

provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

b.Publishing in a newspaper of general circulation within the territorial bound of the City a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Clerk to Superior Court of Gwinnett County for the purpose of examination and inspection by the public. The City shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.
c.Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses.
3.These provisions also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of the City of Duluth or zoning decision that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of the City of Duluth to multifamily residential uses of property.
4.These provisions shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.
§ 1104

Public Hearing Procedures and Standards for Approval

For purposes of this Section the term “zoning decision” shall have the meanings set forth in O.C.G.A. §36-66-3, covering both map amendments and special use approvals.

1104.01. Public Hearing

Prior to making any zoning decision, the City Council shall conduct a public hearing. The public hearing shall be called, and a public notice provided in accordance with the provisions of Section 1103.04 of this Article and in accordance with the provisions of O.C.G.A. §36-66-4(a). At any such public hearing, the following procedures shall apply:

1.A member of the Planning and Development staff will briefly summarize the requested zoning change and shall respond to any questions from the Mayor or member of the Council regarding the staff recommendations related to the proposed zoning change.
2.The applicant shall be provided an opportunity to be heard and may present any evidence, information or materials which the applicant desires for the City Council to consider in arriving at its determination.
3.Public comments will be accepted and individuals making public comments may present any evidence, information and/or materials that the individual desires for the City Council to consider in arriving at its determination.
4.The City Council may place reasonable time limitations on the presentation of the applicant and on public comments by individuals in support or opposition to the zoning decision. An equal time period be allowed for presentation of data, evidence and opinion by proponents of the zoning decision and by opponents of the zoning decision, and in no event shall the minimum time period allowed for presentation be less than ten minutes per side.
5.Persons speaking either in support of or in opposition to a zoning decision having been recognized by the Mayor, shall state their name and address for the public record, and shall present any written documents they desire to be included in the record of the meeting to the City Clerk.
6.All comments shall be directed to the Mayor and City Council and shall be made in an orderly manner.
7.The applicant and any opponents to the zoning decision shall acquaint themselves with the provisions of Section 3 of the Conflict of Interest in Zoning Actions Law, O.C.G.A. §36-67A-3 regarding disclosure of campaign contributions and shall comply with the provisions of that statute.
1104.02. Standards Governing the Exercise of Zoning Power
1.In exercising the zoning powers granted to the Mayor and City Council by State Law, the City Council shall apply the following standards in making zoning decisions:
a.Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property.
b.Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.
c.Whether the zoning proposal will result in a use that will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.
d.Whether the zoning proposal is consistent with the Land Use Policy Plan, Comprehensive Plan, transportation plans, or other plans adopted for guiding development within the City of Duluth.
e.Whether there are other existing or changing conditions affecting the use and development of property that give supporting grounds for either approval or disapproval of the zoning or special use proposal.
2.Standards for review of a Planned Unit Development rezoning, in addition to those enumerated under paragraph (a), above, are found in Article 5 of this Development Code.
1104.03. Approval of Conditions
1.In adopting a map amendment or approving a special use, the Planning Commission may recommend and the City Council may impose special conditions which they deem necessary in order to make the requested action acceptable and consistent with the proposed uses of the district(s) involved and to further the goals and objectives of the Comprehensive Plan. Such conditions may consist of: setback requirements from any lot line; specified or prohibited locations for buildings, parking, loading or storage areas or other land uses, driveway curb cut restrictions; maximum provisions; landscaping or planted area which may include the berms, or other buffering provisions or protective measures; measures to alleviate undesirable views, light, glare, noise, dust or odor; permitted hours of operation; architectural style; a requirement that developers must build according to site plans as adopted; a limitation on exterior modifications of existing buildings; and on and off-street traffic improvements necessary to carry traffic generated by the proposed development.
2.Such conditions:
a.Shall only be valid if they are included in the motion approving the amendment of adoption.
b.Shall be permanent conditions of approval unless a lesser period of time is specified in the amendment.
c.Shall be required of the property owner and subsequent owners as a condition of their use of the property.
d.Shall be permitted and continuously enforced by the Planning and Development Director in the same manner as any other provision of this Development Code.
1104.04. Change in Conditions of Approval

Any application that proposes a change in the conditions of approval previously established by the City Council through action on a rezoning or special use shall be considered a new application and therefore subject to all procedures and provisions of this Division I regarding the approval of a map amendment or special use, as applicable.

§ 1105

Special Use Considerations

1.The special use is designed to apply under any one of the following circumstances:
a.A special use listed under the zoning district is desired for development and a more intensive zoning district containing that use, as a use by right would not be appropriate for the property; or
b.A special use listed under the zoning district is desired for development and no zoning district contains that use as a use by right; or
c.A unique use not addressed in any zoning district is desired for development and is not likely to be duplicated within the City of Duluth; or
d.The density of development may be affected by the height of a building; or
e.The neighboring properties may be affected by the height of any structure; or
f.The special use would be consistent with the needs of the neighborhood or the community as a whole, be compatible with the neighborhood, and would not be in conflict with the overall objective of the Comprehensive Plan.
2.In order to accommodate these particular uses, special use approval allows the City Council to approve such a use on a particular parcel without changing the general zoning district. Such approval shall be subject to the requirements set forth below and any additional conditions deemed necessary to ensure the compatibility of the special use with the surrounding properties. All special use applications shall be for firm development proposals only. The special use shall not be used for securing early zoning for conceptual proposals that may not be undertaken for some time. A special use application shall be considered only if the application is made by the owner of the property or by his/her authorized agent.
The minimum requirements for a special use approval are:
a.Any uses allowed under special use approval shall also conform to the requirements of this Development Code for all uses as found in the zoning district.
b.The application and review process for a special use shall be the same as for the zoning district under which the special use is found. In addition to the information and/or site plans which are required to be submitted for the proposed development, additional information deemed necessary by the Director in order to evaluate a proposed use and its relationship to the surrounding area shall be submitted. In the review process, particular emphasis shall be given to the evaluation of the characteristics of the proposed use in relationship to its immediate neighborhood and the compatibility of the proposed use with its neighborhood.
c.In the approval process for a special use approval application, the City Council shall consider the policies and objectives of the Comprehensive Plan, particularly in relationship to the proposed site and surrounding area, and shall consider the potential adverse impacts on the surrounding area, especially in regards but not limited to traffic, storm drainage, land values and compatibility of land use activities.
d.If an application is approved and a special use approval is granted, all conditions that may have been attached to the approval are binding to the property. All subsequent development and use of the property shall be in accordance with the approved plan and conditions.
e.Changes to a special use or development of a site for the special use, shall be treated as an amendment to the special use Permit and shall be subject to the same application and review process as a new application.
f.An application for special use approval in a residential district and which use is proposed to operate in a dwelling or as an accessory use to a dwelling is subject to the following additional requirements:
i.The special use shall operate within the dwelling on the property or, if approved by the City Council, in an accessory structure.
ii.The exterior character of the dwelling shall be preserved in its residential state and there shall be no outside evidence of the operation of a special use to the neighborhood, except for any accessory structure approved by the City Council.
g.The owner of the property approved for a special use may voluntarily request termination of the special use by notifying the Director in writing. The Director shall notify the City Council through the Planning Commission of the voluntary termination. The approval of a special use for a specific use which may be operated by a lessee under a private agreement with a lessor in any non-residential district shall not obligate the City Council to be responsible for or be required to resolve any disputes which may arise out of the voluntary termination of the special use by the property owner.
h.The Planning and Development Department shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements and any conditions.

If the Planning and Development Director determines that the requirements and conditions are being violated, a written notice shall be issued to the owner of the property outlining the nature of the violation and giving the owner of the property a maximum of ten days to come into compliance. If after ten days the violations continue to exist, the Director shall forward a report to the City Council through the Planning Commission who may recommend that action be taken to remove the special use from the property.

i.Upon approval by the City Council, a special use shall be identified on the official zoning maps.
j.Upon approval by the City Council of a special use, the owner of the property shall be issued a notice from the Director that states the specific use permitted, the requirements of this Section and any conditions attached to the approval.
k.The Planning and Development Department shall not issue a Certificate of Occupancy for the specific use unless all requirements and conditions of the special use approval have been fulfilled by the owner of the property.
§ 1106

Withdrawal

Any applicant wishing to withdraw an application prior to final action by the City Council shall file a written request for withdrawal with the Planning and Development Director.

1.The withdrawal request must be in writing and signed by the owner, the applicant, or the owner’s authorized agent.
2.If the request for withdrawal is received prior to the publication of notice for the public hearing as required under Section 1103.04, the application shall be withdrawn administratively by the Planning and Development Director.
3.If a request for withdrawal of an application is received after notice has been published (or irretrievably set for publication) but before the scheduled Planning Commission public meeting, the application may be withdrawn with the consent of the Planning Commission and removed from further consideration.
4.Should any request for withdrawal be made after the public meeting by the Planning Commission, the application shall remain on the City Council agenda and the withdrawal request shall be considered for approval or denial by the City Council. If withdrawal is denied, the City Council will proceed with consideration of the application.
§ 1107

Applications for a Map Amendment or Special Use Approval

1107.01. Application Form and Documents
1.The proper form on which to file an application for a map amendment or special use approval can be obtained from the Planning and Development Department. The completed application shall be filed with the Planning and Development Department at least 30 days prior to the Planning Commission meeting at which the request will be considered.
2.Any transmittal purporting to be an application for a map amendment or special use approval shall be regarded as mere notice of intention to seek an amendment until such time as it is made on the required form provided by the Planning and Development Department and is complete in all respects.
3.The Planning and Development Department will review the application for completeness within 5 days of submission. Incomplete applications will be returned to the applicant.
4.An application for a map amendment or special use approval shall contain the following in order to be considered complete:
a.A signed and notarized application form including all of the information required to be supplied by the applicant on the form or attached to it. If the owner is a corporation or partnership then provide an executed Certificate of Corporate Resolution (see Section 1131 for an example) authorizing submission of the application.
b.Letter of intent stating the following:
i.the reasons for the rezoning or special use request, a description of the proposal, and addressing each of the standards under Section 1104.02 and Section 1105 (and Article 5 for PUDs) for map amendments or special use approval, as applicable.
ii.Payment of fees as set forth in the schedule of fees adopted by the City Council under Article 13 of this Development Code.
iii.Copy of the Deed (with legal description) as proof of ownership.
iv.If the applicant is not the owner of the property, provide a notarized property owner’s authorization for the applicant to act on behalf of the owner on the request (accompanied by an executed certificate of corporate resolution if the owner is a corporation).
v.Political contribution disclosure if required under the requirements of O.C.G.A. 36-67A-3 of the Georgia Conflict in Interest in Zoning Actions Law.
vi.Such plans and other documents required under Section 1107.02.
1107.02. Plans and Other Documents Showing Proposed Use Required
1.An application for a map amendment or special use to create, extend or otherwise alter an R-200, R-100, R-75, R-50, RM, R-TH, HC-Auto, HC-Retail, C-1, C-2, O-I, O-N, M-1, M-2, RD, or MH zoning district shall be accompanied by a sketch plan at an approximate scale and such other plans, elevations or additional information as the Planning and Development Director may require, showing the proposed development.
2.For a PUD rezoning, the master concept plan map and accompanying development summary report, as described in Article 5 of this Development Code, shall be submitted.
3.Upon the receipt of a map amendment or special use application, no building or other permits shall be granted except for uses or structures that conform essentially with the sketch plan and other documents submitted with the application for a map amendment or special use.
1107.03. Sketch Plan Standards

All applications for a rezoning (other than a PUD) or special use shall be accompanied by a sketch plan of the proposed subdivision or development site prepared and stamped by a registered land surveyor, engineer, architect or landscape architect containing the following information:

1.The sketch plan shall be clearly and legibly drawn at a scale of not less than 100 feet to one inch on a sheet size not to exceed 24 inches by 36 inches. The Planning and Development Director may approve other sheet sizes as deemed appropriate.
2.The sketch plan shall be drawn on a boundary survey of the property, showing bearings and distances of all property boundary lines, land lot and district lines, known survey monuments, north arrow and scale, surveyor’s name and registration number, and date of survey.
3.The following information shall be depicted on the sketch plan.
a.Project name.
b.Project owner and address (both local and permanent addresses if different) and telephone and fax number(s).
c.Name and address of person or company preparing the sketch plan.
d.Vicinity map.
e.Proposed use of property.
f.Total acreage.
g.Total number of lots and minimum lot sizes (if applicable).
h.Size, location, and names of adjoining existing streets or access drives and proposed rights-of-ways and roadways.
i.Proposed method of sewerage disposal (express as a note).
j.All contiguous property under the ownership or control of the applicant, except those lands specifically to be excluded by the Department. Areas not planned for development at the time of the submittal shall be shown as “Future Development”.
k.General development data (in tabular form) for multi-family or non-residential site developments, such as number of residential units, gross square feet of non-residential buildings, number of parking spaces, etc.
l.General development data (in tabular form) for single-family developments, such as minimum lot size, floor area of homes, and all relevant conditions of zoning.
m.Any other data requested by the Planning and Development Director necessary for an understanding and evaluation of the project.
4.The sketch plan shall show the following physical characteristics as appropriate to the proposed development to an approximate (not engineering) level of accuracy:
a.Location of ingress and egress points, internal roadways and parking areas.
b.Location of 100-year floodplain, lakes, ponds and other watercourses.
c.Dumpster location.
d.Proposed landscaping and tree-save areas.
e.Building heights.
f.The approximate location and arrangement of existing buildings, parking areas and other improvements that are proposed to remain.
g.For multi-family and non-residential developments, the approximate location and arrangement of proposed buildings, parking areas and other improvements including stormwater detention areas and all required buffers.
h.Location of existing and proposed sidewalks.
i.Existing zoning of the property and adjoining properties.
j.Boundaries of the Chattahoochee River Corridor and Chattahoochee River Tributary Protection Areas, if applicable.
5.Additional information may be required when proposing a Planned Unit Development - see Article 5 of this Development Code for specifics.
§ 1108

Refiling Restrictions after Denial of an Application

1.If an application for approval of a map amendment or special use on a property is denied by the City Council, an application for the same or any other map amendment or special use on said property may not be accepted by the Planning and Development Department until the expiration of 12 months from the date of action by the City Council on the original application unless the City Council denied the original request without prejudice.
2.The City Council may initiate a map amendment or special use approval on property for which an application was previously denied, once the six-month waiting period required by O.C.G.A. §36-66-4.c has lapsed.
3.The property owner may request a City Council Initiation, if he or she can demonstrate to the City Council that the proposed rezoning or special use is significantly different from the previously denied application.

A significant difference includes, but is not limited to, a change in the requested zoning district, land use, density of development, buffer proposal, or other items which were discussed at public hearing and/or figured into the original denial of the rezoning or special use.

§ 1109

Timely Implementation Required

Actions to be taken if proposed plans of property owner are not implemented within specified 12 months and found to be inconsistent with the comprehensive plan.

1.If a building permit, development permit, certificate of occupancy or preliminary subdivision plat has not been issued or approved within 12 months of the date of approval of a map amendment or special use requested by a property owner and in accordance with the proposed development plans and other submitted documents, and if it is determined that such plans or zoning is inconsistent with the Future Land Use designation of the Comprehensive Plan, then the Planning and Development Director may notify the Planning Commission of the lack of activity on the property.
2.The Planning Commission shall review each such situation and report its findings to the City Council.
3.In circumstances where the zoning and proposed development is not consistent with the Comprehensive Plan, the Planning Commission may recommend to the City Council that it initiate a rezoning or special use application to change the land to its appropriate zoning district classification or rescind the special use approval in conformance with the Comprehensive Plan Land Use designation.

Division II. Permits Required for Development or Construction

§ 1110

Authorization Required for Land Disturbance or Development

Activities

1110.01. Permit Required; Exemptions

No disturbance of the land, including clearing, grubbing, or grading activities, shall commence or proceed except in accordance with the provisions of these Development Regulations, unless the activity is exempt as an agricultural activity in the RA-200 zoning district, or is for the construction of an individual single-family detached or duplex residence on a buildable lot of record.

1110.02. Plan Review and Approval

Any developer of land within the City of Duluth shall first submit to the Planning and Development Department such plans, plats, or construction drawings as may be required by this Development Code and shall have been granted a permit consistent with this Development Code and approved by the Planning and Development Department prior to the initiation of development activities. Approval of plans by the City or employees 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 under whose hand or supervision the plans were prepared and sealed. Division III of this Article details the elements of the required plans.

1110.03. Chattahoochee River Corridor Certificate

If any portion of a property included within a proposed project is located within 2,000 feet of the bank of the Chattahoochee River, the project shall first obtain a Certificate authorizing the development under the provisions of the Metropolitan River Protection Act before any clearing, grading, or construction activity may be granted a permit by the Planning and Development Department or any other agency. All permits issued by the City of Duluth pursuant to such authorization shall be consistent with the requirements and provisions of the Certificate. Any violation of the provisions of the Metropolitan River Protection Act Certificate shall be considered as though a violation of this Development Code and shall be subject to the enforcement and penalty provisions hereunder.

1110.04. Proposed Development in Special Flood Hazard Areas

Any landowner or developer desiring a permit for development activity on a site where an area of special flood hazard is located shall meet the requirements of the Floodplain Management section in Article 8 of this Code.

1110.05. Interdepartmental Review and Approval

The Planning and Development Department shall not issue a permit for any development activities until the plans, plats, or construction drawings, as applicable, have been approved by such other departments or agencies as may have authority or jurisdiction over said activities in whole or in part.

1110.06. Activities Limited to Permit Authorization

Development activities shall be limited to those as authorized by the applicable permit and as may be further restricted by conditions of approval pertaining thereto attached by the Planning and Development Department or other department or agency as may have authority or jurisdiction over said activities in whole or in part.

1110.07. Developer's Responsibility for Compliance

No permit shall be interpreted to relieve any developer or subdivider of the responsibility of maintaining full compliance with all codes, ordinances, and other regulations of the City of Duluth 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 the City of Duluth shall be considered to have been null and void upon its issuance.

§ 1111

Land Disturbance Permits

1111.01. Clearing Permit, Clearing and Grubbing Permit, and Grading Permit

The following permits covering portions of the land development process may be issued in accordance with the requirements of this Development Code and the provisions of any Metropolitan River Protection Act Certificate, if applicable:

1.Clearing Permit.
a.A permit limited to clearing only with no grubbing or other land disturbance (as defined in the Georgia Soil Erosion, Sedimentation and Pollution Control Act) may be issued upon identification of the property, the limits of the area to be cleared and the type of activities to be undertaken, and approval of a Tree Protection/Replacement Plan as may be required under Section 1112. All clearing activities are to be consistent with the provisions of this Development Code, the Soil Erosion, Sedimentation and Pollution Control provisions of this Development Code, and any conditions of zoning.
b.A clearing permit shall expire unless clearing activities commence within 60 consecutive calendar days of issuance of the permit or if activities lapse and are abandoned for a period exceeding 30 consecutive calendar days.
c.A clearing permit shall not be construed as approval of authorization to construct any improvements, buildings, or other structures on the property.
2.Clearing and Grubbing Permit.
a.A clearing and grubbing permit may be approved based on approval of a Concept Plan and Tree Protection/Replacement Plan (if required) for the development. Appropriate soil erosion and sedimentation controls and tree protection measures shall be placed and maintained as required.
b.A permit for clearing and grubbing shall expire unless activities commence within 60 days of issuance of the permit or if activities lapse and the project is abandoned for a period exceeding 30 calendar days.
c.A clearing and grubbing permit shall be limited to the removal of vegetation and stumps and the placement of required tree protection measures and soil erosion and sedimentation facilities and may authorize the removal of existing structures on the property at the option of the developer.

No grading or construction activities may be started under a clearing and grubbing permit. The approval of a clearing and grubbing permit shall not imply the approval of or authorization to construct any improvements, buildings, or other structures on the property.

3.Grading Permit.
a.A grading permit which may include clearing and grubbing, may be issued prior to approval of a development permit, as provided under Article 10 of this Development Code. A grading permit may also be issued for earth borrow or storage, where no development or construction is proposed or imminent, based on approval of a grading plan, soil erosion and sediment control plan, and hydrology study, consistent with the requirements of Section 1111, the zoning category of the site, and the provisions of the Comprehensive plan (as applicable).
b.A grading permit shall expire unless activities commence within 60 consecutive calendar days of issuance of the permit or if activities lapse and the project is abandoned for a period exceeding 30 consecutive calendar days. Any site for which the grading permit expires shall immediately be stabilized to prevent erosion.
c.A grading permit shall be limited in its authorization to land grading activities along with as-sociated tree protection, clearing and grubbing, and demolition activities, and may authorize the construction of storm drainage improvements and soil erosion and sedimentation facilities as allowed by the permit.
1111.02. Development Permit
1.Development Activities Authorized. A Development Permit shall be issued to authorize all activities associated with the land development process, including clearing and grubbing, grading, for the construction of such improvements as streets, surface parking areas and drives, sewer systems, stormwater drainage facilities, sidewalks, or related structures permanently placed on or in the property.

Grading for building and structures requiring a building permit is not authorized under a Development Permit. Clearing, grubbing and grading inside the rights-of- way and utility easements is not allowed by a Development Permit unless in compliance with Section 1111. Water and sanitary sewer system improvements shall be authorized solely by the Gwinnett County Public Utilities Department.

2.Development Permit Approval. A development permit (which may include grading, clearing, and grubbing)

shall be issued at the developer's request following approval of a Metropolitan River Protection Act Certificate, if applicable, and upon approval of a Preliminary Plat for a subdivision or a Site Plan for a non-subdivision project, along with approval of all other development plans and documents required to be submitted under this Article. All plans approved for a development permit shall expire after six months applicant may apply for a single renewal of six additional months.

3.Expiration of Development Permits. A development permit shall expire 12 consecutive calendar months after issuance unless development activity as authorized by the permit commences within said 12-month period or if such authorized activities lapse and the project is abandoned for a period exceeding 30 consecutive calendar days. The Planning and Development Director may approve one extension not exceeding three consecutive calendar months within which time development activity must commence or the permit shall expire. Said extension shall be applied for within the first 12 consecutive calendar months after the permit's issuance.
4.Lapse in Construction Activity. For the purposes of this Development Code, 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 the City of Duluth completely beyond the control of the developer, shall not be considered as a lapse in activity causing the development permit to expire. The 12 months 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 said City action or inaction.
5.Expiration of Approved Development Plans.
a.If construction activity has not commenced within the permit period and the Development Permit expires, the Director shall require new site plans to be submitted for the project. The new plans must comply with any changes or amendments to these regulations, the Zoning Ordinance, or other ordinances as adopted by the City.
§ 1112

Approval to Remove Trees

1112.01. Tree Removal Approval Required for Development Activity
1.No person shall engage in any new Development Activity, such as the construction of a subdivision, multi-family project or nonresidential development, without meeting the requirements of a Site Development Plan as required in Section 1116.
2.For any existing multi-family or non-residential development for which a development permit was previously issued, no tree shall be removed that would reduce the tree canopy on the property below that required under Article 7 without the reissuance of the tree removal permit.
3.No person shall “clear cut” any parcels or combination greater than 2 acres without specific plan approval during zoning or first obtaining a Special Use approval. Clear cutting of parcels less than 2 acres shall not be allowed unless approved by the Planning and Development Director with clear evidence of necessity for development of the parcel.
1112.02. Application Requirements for Tree Removal
1.When a person applies for tree removal approval as defined in Section 1112.05, such person shall also file an application for a tree removal permit and provide the following information:
a.A complete tree survey and inventory, as described in Section 1112.03.
b.An integrated site plan showing Specimen Trees, the trees to be saved and those to be re-moved, utilities to be installed, grading, the approximate location of all structures, drive-ways and curb cuts and proposed tree plantings and other landscaping.
c.A detailed plan to protect and preserve trees before, during and for a period of 2 years after construction, which plan shall contain the following information:
i.All items found on the Erosion, Sedimentation and Pollution Control Submittal checklist pertinent to normal plan review.
ii.Site area (roads, utility lines, detention ponds, etc.)
iii.The locations of existing and proposed structures, paving, driveways, cut and fill area, detention areas, etc.
iv.Phase lines or limits of construction.
v.A delineation of all protected zones with any required dimensions.
vi.Calculations showing compliance with the required canopy requirements using existing trees, and/or replacement trees.
i.Location of all existing and proposed utility lines or easements.
ii.Locations of any boring sites for underground utilities.
iii.Locations of all Specimen Trees and indications whether they are to be removed or preserved.
vii.Locations of all tree protection devices, materials to be used in each location and details.
viii.A delineation of a Tree Save Area in which trees have been inventoried for canopy coverage.
ix.If applicable, locations and details of all permanent tree protection measures (tree wells, aeration system, permeable paving, retaining walls, bollards, etc.; and
x.Additional information as required on a case-by-case basis.
2.Minor changes to existing development require only a sketch showing changes to be submitted to the Planning and Development Director for review and approval.
1112.03. Tree Survey Plan and Inventory
1.The tree survey as required in Article 7 shall be in the form of a to-scale map or a site plan prepared and sealed by a registered surveyor or certified engineer, arborist, or landscape architect, noting the location of all trees within the area to be modified from its natural state and 25 feet beyond in each direction or to the property line, whichever is less. (See example in Article 7.)
2.All Specimen Trees and all trees that are to be counted toward meeting canopy coverage requirements must be shown on the survey and inventoried by size (caliper or DBH, whichever is applicable) and species.
3.Sampling methods may be used to determine canopy coverage for forested (over 5 acres). Specimen Trees must be shown on the plan with an indication whether they are to be retained or removed. All Tree Protection zones (see example in Article 7) and Tree Save Areas must be delineated on the plan. All Buffers with existing trees must be delineated on plans as Tree Save Areas. Land disturbance within any Buffer is subject to Planning and Development Department approval.
1112.04. Tree Survey Inspection

Following the receipt of the completed tree removal application and supporting data, the Planning and Development Director or his designee shall schedule and conduct an inspection of the proposed development site.

The applicant or his/her designee shall be advised as to the date and time of the inspection and given an opportunity to participate. Following inspections, the Planning and Development Director, consistent with the purposes of this Development Code, shall advise the applicant of any recommended changes in the applicant’s proposed tree removal, protection, or replanting plans.

1112.05. Tree Removal Permit
1.The Planning and Development Director shall review all applications and supporting data and take one of the following actions: approve, approve with conditions, or disapprove.
2.The issuance of a tree removal permit does not authorize any development activity until such time as an appropriate development plan approval is granted and a permit is issued pursuant to Section 1111.
3.Tree removal and replacement shall begin no later than 60 days after issuance of the tree removal permit and shall be completed no later than 180 days after the issuance of the permit. The Planning and Development Director may refuse to issue any permit for tree removal until the submission of all development plans and receipt of other evidence satisfactory to the Director that there is a reasonable certainty that the development activity is imminent. One renewal of a permit at no additional fee shall be granted if a reasonable request is made.
4.No Certificate of Occupancy shall be issued until all requirements of the tree planting have been satisfactorily completed or an acceptable performance guarantee has been approved (see Section 1130).
§ 1113

Building Permits

1113.01. Applicable Codes

Building permits for all structures or interior finishes are issued after the applicant for said permits has met the applicable requirements of the fire prevention and life safety codes of Gwinnett County, and the various health, water, sewer, and building codes, as well as the provisions of any Certificate approved under the Metropolitan River Protection Act, if applicable.

1113.02. Health Department:

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. Said permit may first require approval by the Gwinnett County Health Department of a plan showing the location of the sewage disposal system and other site improvements, in accordance with their regulations.

1113.03. Single-Family and Duplex Residences
1.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.
2.The approval by the Department of a House Location Plan (HLP), Residential Drainage Plan (RDP), or Residential Drainage Study (RDS), may be required prior to issuance of the building permit, as noted and conditioned on the Final Plat or as may be required for compliance with the Georgia Metropolitan River Protection Act. For such lots, a Certificate of Occupancy shall not be issued until conformance to the HLP, RDP, or RDS has been field verified by the Planning and Development Department as shown on a certified field survey prepared by a Registered Land Surveyor and a stamped “as-built” survey has been submitted to the Department. (See Sections 1115.04 and 1115.05 for plan and study specifications.)
3.Digital drawing files shall be submitted in Adobe PDF file format.
1113.04. 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 dwelling, shall first require approval of a Swimming Pool Location Plan. The plan shall show the proposed location of the swimming pool and enclosing fence relative to the residence, the property boundaries, setback lines, septic tank and septic tank drain field (if any), and any easements on the site. The location of such swimming pool and shall comply with all requirements of the applicable zoning district and the Swimming Pool Code (ISPSC). Based on site conditions, a Residential Drainage Study (RDS) may be required prior to issuance of the building permit (see Section 1115.05). A Certificate of Occupancy shall not be issued until conformance to the Swimming Pool Location Plan and to provisions of the RDS, if applicable, has been field verified by the Department.

1113.05. Multi-Family and Nonresidential Structures
1.Issuance of a building permit for any principal building other than a single-family detached or duplex residence (and associated accessory structure) shall first require issuance of a Development Permit for the building site, and the building permit shall be consistent with said Development Permit.
2.Building plans must be reviewed and approved by the Gwinnett County Fire Services Division, Public Utilities Departments and the Duluth Planning and Development Department prior to permitting for all multi-family and non-residential structures and such accessory structures. Building Plan approval shall expire after one year, after which re-review and approval shall be required prior to issuance of a building permit for the building or additional buildings.
3.Digital drawing files shall be submitted in Adobe PDF file format.
1113.06. Issuance on Buildable Lots of Record; Exceptions

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

1.In a single-family detached and duplex residential subdivision, building permits for no more than two model home buildings, on specific lots may be issued by the Planning and Development Department on the basis of an approved Preliminary Plat after the approval by the Fire Services Division and the Gwinnett County Health Department or Department of Water Resources, as appropriate, and subject to all limitations or requirements as may be established by the Planning and Development Director. No Certificate of Occupancy shall be issued for the completed model home until the Final Plat encompassing the model home building lots has been approved and recorded.
2.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 town-house units, based on their actual locations, prior to issuance of Certificates of Occupancy.
3.In Non-Residential subdivisions, building permits may be issued by the Planning and Development Department on the basis of an approved Site Plan, after a Development Permit has been approved reflecting the site plan and construction drawings for specific buildings and associated site improvements, after the stormwater detention facility has been constructed and all erosion control measures have been installed according to the approved Erosion Control Plan. Issuance of the building permits shall be conditioned upon the following:
a.A Performance Bond, prepared in accordance with Section 1130, shall have been received, drawn in favor of the City of Duluth and in an amount not less than 110% of the cost of completing all public improvements as authorized and required by the Site Plan and these Regulations;
b.Gwinnett County Fire Services Division approval shall be required prior to issuance of any building permit, which may include approval of acceptable access and water pressure of combustible construction;
c.Approval of Gwinnett County Health Department for on-site sewage disposal by the Gwinnett County Water Pollution Control Division for a building to be served by public sewer shall be required prior to issuance of any building permit;
d.Construction of the required public improvements shall proceed concurrently with construction of the buildings;
e.No C.O. shall be approved for any structure within the subdivision prior to recording of the Final Plat without the express approval of the Planning and Development Director; and
f.The Planning and Development Director shall have found that the public interest is best served and that a public purpose is involved in the acceptance of the Performance Bond.

Division III. Plan and Plat Specifications The following Sections of this Division outline the required elements of both the required and optional plans and plats mentioned throughout this Development Code.

§ 1114

Concept Plan Specifications

1.The approval of a Concept Plan for a subdivision or site development allows a property to be developed in smaller portions within the context of the plan for the entire property. Approval of a Concept Plan also allows early issuance of a clearing or a clearing and grubbing permit for a subdivision under Section 1120.02, or, for a non-subdivision project, a clearing, a clearing and grubbing or a grading permit under Section 1121.02. If the entire property is to be developed at once, a Concept Plan is not required.
2.A Master Concept Plan approved for a Planned Unit Development (PUD) serves as a “concept plan” in lieu of the requirements of this Section. See Article 5 for Master Concept Plan requirements.
1114.02. Concept Plan Specifications; General
1.The Concept Plan for a subdivision or site development shall be clearly and legibly drawn at a scale of not less than 100 feet to one inch on a sheet size which shall not exceed 48 inches by 36 inches; however, a scale of 200 feet to one inch may be used to avoid sheet sizes larger than 48 inches by 36 inches. The Planning and Development Director may approve other sheet sizes as deemed appropriate.
2.The Concept Plan may be prepared as a freehand drawing to approximate scale showing the proposed improvements, rights-of-way, lot lines, etc., produced on a boundary survey or other property outline map of the property.
1114.03. The Concept Plan shall contain the following:
1.Approximate total acreage;
2.Proposed total number of lots and minimum lot size;
3.Size and location of adjoining existing streets or access drives and proposed rights-of-way, roadways, and access drives;
4.For multi-family and non-residential site developments (not subdivisions), the approximate location and arrangement of buildings, parking areas and other improvements, including stormwater detention areas and all required buffers;
5.Topography with contour intervals no greater than 10 feet;
6.Proposed method of sewage disposal (expressed as a note);
7.Boundary lines of the overall property showing bearings and distances along all lines and the bearings and distance to an existing street intersection or recognized permanent landmark. The source of said boundary information shall be indicated;
8.All contiguous property under the ownership or control of the developer, except those lands of a dissimilar zoning category specifically approved to be excluded by the Department. Areas not planned for development at the time of the submittal shall be shown as “Future Development”;
9.An authorization statement on the Concept Plan to read as follows:
a.I hereby submit this Concept Plan as authorized agent/owner of all property shown thereon and certify that all contiguous property under my ownership or control is included within the boundaries of this Concept Plan, as required by the Unified Development Code.
10.Location sketch (vicinity map);
11.Lakes, ponds, and floodplains and the source of floodplain data including the panel number of flood insurance rate maps;
12.Required recreation areas and other public areas to be dedicated to the public or held in common ownership by a homeowner’s association or other similar entity;
13.Existing zoning of the property and adjoining properties;
14.Land lot and district;
15.Subdivider’s name, local, and permanent addresses (if different) and telephone number;
16.Name of company or person preparing the plan;
17.Boundaries of the Chattahoochee River Corridor and Chattahoochee River;
18.Tributary Protection Areas, if applicable to the property;
19.General development data (in tabular form) for multi-family or non-residential site developments, such as number of residential units, gross square feet of buildings, number of parking spaces, etc.;
20.General development data (in tabular form) for single family developments, such as minimum lot size, floor area of homes, and all relevant conditions of zoning; and,
21.A signature block to read as follows:
a.This Concept Plan has been reviewed and approved for general compliance with the Unified Development Code of the City of Duluth, Georgia.

___________________________________________________________ _______ Department of Planning and Development Director Date

§ 1115

Subdivision Development Plans

1115.01. Subdivision Development Plans; General
1.An application for a development permit for a subdivision shall include the following Development Plans:

the Preliminary Plat, a certified boundary survey, associated slope or construction easements (if any), and other such construction drawings and plans as may be required by this Section 1115.

2.The Development Plans shall generally conform to the Concept Plan, if any, or to the Master Concept Plan approved for a Planned Unit Development (PUD), and may constitute only that portion of the approved Concept Plan or PUD Master Concept Plan that the subdivider proposes to construct at one time as a single unit, provided that such portion conforms to the requirements of this Section 1115. If no Concept Plan or PUD Master Concept Plan was approved for the property, the Development Plans shall include the entire property being developed within the same zoning category.
3.Scale. The Development Plans shall be clearly and legibly drawn at a scale of not less than 100 feet to one inch. Sheet size shall not exceed 48 inches by 36 inches. Plan and profile sheets shall have a horizontal scale of no less than 100 feet to one inch and a vertical scale of no less than 10 feet to one inch.
1115.02. Preliminary Subdivision Plats
1.Certified Boundary Survey.
a.The Preliminary Plat shall be based on a certified boundary survey of the entire property contained within the Preliminary Plat, and it shall be tied to a point of reference (tie point) with the same degree of accuracy as the boundary survey itself.
b.The survey shall have an accuracy of no less than 1 in 10,000 and shall meet all requirements of Georgia Law regarding the recording of maps and plats.
c.Each Preliminary Plat shall be drawn on, accompanied by, or referenced to a boundary survey meeting the minimum requirements of the preceding paragraph.
2.The Preliminary Plat shall contain the following:
a.Proposed name of subdivision.
b.Name, address, and telephone numbers of both the owner of record and the subdivider.
c.Names, addresses, and telephone numbers of each professional firm associated with the development planning (i.e., engineer, architect, etc.).
d.Date of survey, north point, and graphic scale, source of vertical datum, date of plat drawing, and space for revision dates.
e.Proposed use of the site, such as single-family residences, duplexes, townhouses, office park, industrial subdivision, etc. For residential subdivisions, indicate the total number of dwelling units within plat.
f.Location (Land District and Land Lot), acreage, and density, if applicable.
g.Location sketch showing the subdivision in relation to the surrounding area with regard to well-known landmarks such as major streets, rivers and railroads. Sketches may be drawn freehand and at a scale sufficient to clearly show the information required but not less than one inch equal to 2,000 feet. U.S. Geological Survey Maps may be used as a reference guide for the location sketch.
h.Name of former subdivision, if any, and all of the land in the Preliminary Plat which has previously been subdivided, showing boundaries of same.
i.Boundary lines of the tract shall be indicated by a heavy line giving lengths in feet and hundredths of a foot, bearings in degrees, minutes and seconds, and the bearing and distance to designated tie point.
j.Directional flow arrows for street drainage and individual lot drainage when finished grading of lots is not shown.
k.Contour lines based on sea level datum, or other datum acceptable to the Department. These shall be drawn at intervals of not more than two feet. Contour lines shall be based on field surveys or photogrammetric methods from aerial photographs. The basis for the topographic contour shown shall be specified and dated.
l.Natural features within the proposed subdivision, including drainage channels, bodies of water, and other known significant features such as extensive exposed rock. On all watercourses leaving the tract, the direction of flow shall be indicated. The 100-year floodplain shall be outlined, and the source of the depicted floodplain shall be indicated. For those lots containing floodplain, a Floodplain Lot Chart shall be provided showing the area (in square feet) of each lot lying inside and outside of the floodplain as though the land disturbance activity were completed.
m.Man-made and cultural features existing within and adjacent to the proposed subdivision, including existing rights-of-way measured from centerline, pavements widths, names of existing and platted streets; all easements, city, and County jurisdiction lines; existing structures on the site and their proposed disposition, Chattahoochee River Corridor information and limits of Chattahoochee River Tributary Protection Area (if applicable), and other significant information.

Location and dimensions of existing bridges; water, sewer lines and other existing utility lines, culverts and other existing features should be indicated.

n.Proposed layout including lot lines, lot numbers and block letters, proposed streets with roadway and right-of-way lines and names, sites reserved through covenants, easements, dedications, or otherwise for public uses. Lots shall be numbered in numerical order and blocks lettered alphabetically. The minimum building setback lines from all streets shall be shown. Streets (including cul-de-sacs) shall be dimensioned to show rights-of-way and roadway widths, central angles, and intersection radii. Centerline curve data shall be provided for roadway curves [radius, length, amount of superelevation (if any), point of curvature (P.C.), point of tangency (P.T.), etc.] if not shown separately on construction drawings.
o.Identify unit number, division, or phase of development, if any, proposed by the subdivider.
p.Existing zoning of the property, rezoning and variance case numbers, dates of approval and conditions (as applicable) shall be shown. Note minimum lot size, minimum yard setback requirements and other applicable zoning requirements. Show and dimension any required buffers, landscape strips, No-access easements, etc. Note any approved waivers from these Regulations.
q.Show all adjoining property owners, subdivision names, lot numbers and lot lines, block letters, and zoning.
r.Location of all known existing or previously existing landfills.
s.Proposed recreation area sites, if any; land area of the site, area and percent of site within the 100-year floodplain, proposed disposition of the site (public ownership, homeowner’s association, etc.).
t.Such additional information as may be reasonably required to permit adequate evaluation of the subdivision.
u.Street lighting design which conforms to The American National Standard Practice for Roadway Lighting.
v.Statement of Approval. Each Preliminary Plat shall carry the following certificate printed or stamped thereon:

All requirements of the Development Regulations of the City of Duluth relative to the preparation and submission of a subdivision development permit application having been fulfilled and said application and all supporting plans and data having been reviewed and approved by all affected governmental jurisdictions, agencies and departments under their applicable regulations, approval is hereby granted, on this Preliminary Plat and all other Development Plans associated with this subdivision, subject to all further provisions of said Development Regulations and other City existing Regulations.

___________________________________________ _________________ Director, Department of Planning and Development Date THIS APPROVAL EXPIRES TWELVE MONTHS FROM THE DATE OF APPROVAL UNLESS A DEVELOPMENT PERMIT IS ISSUED. NOTE: The boundaries of the lots shown on this Plat have not been surveyed. This Plat is not for recording.

3.The Preliminary Plat shall be accompanied by other Development Plans showing the following information when such information is not shown on or evident from the Preliminary Plat. The various plans may be combined where appropriate and clarity can be maintained.
a.An Erosion Control Plan prepared in accordance with the requirements of the Soil Erosion, Sedimentation and Pollution Control Division of Article 10. Erosion control measures may be shown on the Grading Plan, if desired.
b.Grading Plans prepared in accordance with the requirements of this Development Code if grading is proposed beyond the street rights-of-way.
c.Stormwater Drainage Construction Data:
i.Location and size of all proposed drainage structures including detention ponds, catch basins, grates, headwalls, pipes and any extensions thereof, energy dissipators, improved channels, and all proposed drainage easements to be located outside street rights-of- way lines.
ii.Profiles of all storm drainage pipes and the slope of receiving channels. On storm drainage profiles, a pipe chart will be shown which includes pipe numbers, pipe sizes, pipe materials, pipe slopes, pipe length, contributing drainage area, design flow, design storm frequency, runoff coefficient and velocity. The hydraulic grade line will be shown on all pipes for the required design flow. The hydraulic grade line will be shown for all pipes located in the public rights-of-way for the design flow.
iii.Profiles of all open channels and ditches including Mannings' 25-year storm normal depth and velocity. On storm drainage profiles an open channel chart will be shown which will include open channel numbers, conveyance size, lining material, length, channel slope, contributing drainage area, design storm frequency, runoff coefficient and velocity.
iv.Hydrological study used in determining size of structures, including a map of all contributing drainage basins and acreages.
d.If sanitary sewers are required by Gwinnett County Department of Water Resources, Sanitary Sewer Plans, including the location and size of all proposed sewer lines, manholes, easements required therefore, and sufficient dimensions to locate same on the ground.
e.Construction Data for New Streets and Street Widenings:
i.Centerline profiles and typical roadway sections of all proposed streets and street widenings.
ii.Where sanitary or storm sewers are to be installed within a street, the grade; size, location and bedding class of pipe; location and invert elevation of manholes shall be indicated on the road profile.
iii.Profiles covering roadways that are extensions of existing roadways shall include elevations at 50-foot intervals for such distance as may be adequate to provide for continuity consistent with the standards required by these Regulations for street improvements but not less than 200 feet.
iv.All elevations shall be coordinated and tied into U.S. Coast and Geodetic Survey or Department of Transportation benchmarks where feasible, or into reference monuments established by the Federal Emergency Management Agency.
v.Stub streets shall be profiled at least 200 feet onto the adjoining property (no tree cutting).
f.Buffer and Landscape Plan, if any such areas exist within the subdivision, prepared in accordance with the requirements of Article 7 and specification of these Regulations.
g.Tree Protection Plan (if required).
h.Floodplain Management Plans. If any floodplain areas are located on the property, such data as is required by the Floodplain Management provisions of Article 8 shall be submitted.
i.Encroachments. Where construction is proposed on adjacent property, an encroachment agreement or easement shall be submitted to the Department.
1115.03. Final Plat Specifications
1.The Final Plat shall be clearly and legibly drawn at a scale shall be 100 feet to one inch or larger. Sheet size shall not exceed 48 inches by 36 inches. (Note that any sheet larger than 17 inches by 22 inches must be photographically reduced to no more than 17 inches by 22 inches in order to be recorded with the Clerk of the Superior Court.)
2.The Final Plat shall be based on a certified boundary survey delineating the entirety of the property contained within the Final Plat and tied to a point of reference (tie point) with the same degree of accuracy as the boundary survey itself. The survey shall have an accuracy of no less than 1 in 10,000 and shall meet all requirements of Georgia Law regarding the recording of maps and plats.
3.The Final Plat shall substantially conform to the Preliminary Plat and it may constitute only that portion of the Preliminary Plat which the subdivider proposes to record at the time, provided that such portion conforms to the requirements of these Regulations, and said portion is not inconsistent with the public health, safety, or welfare. Any substantial deviation from the approved Preliminary Plat shall require revision and re-approval of the Preliminary Plat.
4.The Final Plat shall contain the following information:
a.Name of the subdivision, unit number, Land District, and Land Lot numbers.
b.Names, addresses, and telephone numbers of the owner of record and the subdivider if not the owner.
c.Names, addresses, and telephone numbers of each professional firm associated with the portion of the subdivision within the Final Plat.
d.Date of plat drawing, graphic scale, north point; notation as to the reference of bearings to magnetic, true north or grid north, and indication whether bearings shown are calculated from angles turned.
e.Location sketch of tract showing major surrounding features.
f.Name of former subdivision if any or all of the Final Plat has been previously recorded.
g.Case number and date of approval for any applicable rezoning, Special Use approval, variance or waiver affecting the property.
h.Location and dimension of any buffer, landscape strip, special setback, no-access easement, etc., required by this Development Code.
i.Boundary lines of the tract, to be indicated by a heavy line, giving distances to the nearest one-hundredth of a foot and bearings to the nearest second. Bearing and distance to a designated tie point shall be shown. The Plat shall have a closure precision of one foot in no less than 10,000 feet.
j.Municipal or County jurisdictional lines approximately tied to the lines of the subdivision by distance and angles when such lines traverse or adjoin the subdivision; land lot lines traversing or adjoining the subdivision.
k.Locations, widths and names of all streets and alleys within and immediately adjoining the Plat, the location and widths of all internal public crosswalks and all other public rights-of-way.
l.Street centerlines showing angles of deflection and standard curve data including radii, length of arcs and tangents between curves, point of curvature (P.C.) and point of tangency (P.T.).
m.Lot lines with dimensions to the nearest one-tenth of a foot, bearings to the nearest second, and radii of rounded corners, as necessary to delimit each lot.
n.Building setback lines along streets with dimensions.
o.When lots are located on a curve or when side lot lines are at angles other than 90 degrees, the lot width measured in accordance with the Zoning Ordinance may be required to be shown, if deemed necessary by the Department for clarity.
p.Lots numbered in numerical order and blocks lettered alphabetically.
q.Location and size of all drainage pipe, location and extent of detention ponds, the location and size of all public water mains and fire hydrants, and the location, dimensions, and purpose of any easements including construction or slope easements if required.
r.Location of any areas to be reserved, donated or dedicated to public use with notes stating their purpose and limitations. Location of any areas to be reserved by private deed covenant for common use of all property owners or dedicated to a homeowner's association.
s.Accurate location, material, and description of monuments and markers. (Note: All monuments shall be in place prior to approval of the Final Plat.)
t.Certificates and statements specified in these Regulations, below.
u.All information required under the Georgia Metropolitan River Protection Act for recording of plats, if applicable.
v.Extent of the 100-year floodplain and a floodplain chart showing the area within and outside the floodplain for each lot containing any portion of the 100-year floodplain. Origin of the floodplain data shall be indicated.
w.Street address numbers and block number designations for street names signs on abutting streets, where appropriate.
x.Individual lots shall be designated HLP (House Location Plan), RDP (Residential Drainage Plan)

and/or RDS (Residential Drainage Study) if such are required by the Department to be approved prior to issuance of a building permit.

y.All other notes or notations as may be required by the Department.
z.All fees associated with traffic control devices and street name signs must be paid in full to Gwinnett County Traffic Engineering prior to approval of the final plat, if applicable.
5.If any streets, lands or easements are shown as the Final Plat for dedication to the City of Duluth, a Warranty Deed or deeds transferring title to said streets, lands or easements in fee simple, in a form acceptable to the City, shall be submitted with the Final Plat application.
6.If any lands are shown on the Final Plat for dedication to a Property Owners Association in order to meet minimum park, open space or conservation area requirements of these Regulations, a copy of the deed of transfer for such dedication and a copy of the instrument of incorporation of the Property Owners’

Association shall be submitted with the Final Plat application.

7.Each Final Plat shall bear the following certificates or statements printed or stamped thereon as follows:
a.Final Surveyor's Certificate: It is hereby certified that this plat is true and correct as to the property lines and all improvements shown hereon and was prepared from an actual survey of the property made by me or under my supervision; that all monuments shown hereon actually exist on their location, size, type and material are correctly shown. The field data upon which this plat is based has closure precision of one foot in ____feet and an angular error of ____per angle point and was adjusted using ____rule. This plat has been calculated for closure and is found to be accurate within one foot in ____ feet and contains ____ acres. The equipment used to obtain the linear and angular measurements herein was_____.
b.Owners Acknowledgement and Declaration: STATE OF GEORGIA COUNTY OF GWINNETT. The owner of the land shown on this plat and whose name is subscribed hereto, in person or through a duly authorized agent, acknowledges that this plat was made from an actual survey and dedicates by this Declaration to the use of the public forever all streets, sewer collectors, lift stations, drains, easements, and other public facilities and appurtenances hereon shown, and transfers ownership of all public use areas in fee simple by deed, for the purposes herein expressed.

_______________________________________ _______________ Signature of Subdivider Date Signed __________________________________________________ Printed or typed name of Subdivider

c.Notification of Private Streets. The following statements must be included on any final plat in which the streets are to be held in private ownership: NOTIFICATION OF PRIVATE STREETS. This subdivision is served by private streets The streets designated as “private streets” on this plat are owned and maintained by the Homeowners Association of this development and are not owned or maintained by the City of Duluth. No public funds of the City are to be used to build, repair or maintain these private streets. The owners, purchasers, lenders, heirs, assigns or other parties taking title to or otherwise procuring an interest in any portion of this property are ultimately responsible for such maintenance and repairs, individually or through the Homeowner’s Association. RIGHT OF ACCESS. The streets designated as “private streets” on this plat are subject to an easement that grants the right of vehicular access to every lot served by the street, as well as the right to place and have access to public and private utilities therein by the owners of such utilities. PURCHASERS ACKNOWLEDGEMENT. The above statement must be divulged at the scale of any lot within this subdivision and acknowledged by the signature of the purchaser of the lot in order to obtain a house location plan approval, building permit or certificate of occupancy from the City of Duluth.
d.A statement of private covenants if any, and if they are brief enough to be put directly on the Plat; otherwise, if covenants are separately recorded, a statement as follows: This plat is subject to the covenants set forth in the separate document(s) attached here-to-dated_______, which hereby become a part of this plat, and which were recorded ______ and signed by the owner.
e.Final Plat Approval (TEXT BOX FOR PLATS CONTAINING DEDICATION OF PUBLIC INFRASTRUCTURE): The Director of the Department of Planning and Development of the City of Duluth, Georgia, certifies that this plat complies with the Unified Development Code of the City of Duluth, as currently in effect, as well as all applicable conditions of zoning approval; and has been approved by all other affected governmental jurisdictions, agencies and departments, as applicable. The Director hereby accepts on behalf of the City of Duluth the dedication of all public rights-of-way and easements, storm drainage and other public facilities, and the Director hereby acknowledges acceptance of the public water and sewer lines and facilities by Gwinnett County.

This plat is approved subject to the provisions and requirements of the Development Performance and Maintenance Agreement for this project dated __________, 20____, along with all associated sureties and warranties executed between the Owner and the City of Duluth.

DATED THIS_________DAY OF______________, 20______.

__________________________________________________ Director, Department of Planning and Development

f.Final Plat Approval (TEXT BOX FOR PLATS WITHOUT DEDICATION OF PUBLIC INFRASTRUCTURE):

The Director of the Department of Planning and Development of the City of Duluth, Georgia, certifies that this plat complies with he Unified Development Code, as amended, and has been approved by all other affected Governmental Jurisdiction, Agencies and Departments, as applicable. This plat is approved subject to the provisions and requirements of the development performance and maintenance agreement (if applicable) executed for this project between the owner and the City of Duluth and/or Gwinnett County.

DATED THIS_________DAY OF ____________, 20______.

_______________________________________________ Director, Department of Planning and Development

g.Public Notice - Drainage. Every Single-Family Residential Final Plat shall contain the following statement: NOTE: The City of Duluth assumes no responsibility for overflow or erosion of natural or artificial drains beyond the extent of the street right-of- way, or for the extension of culverts beyond the point shown on the approved and recorded subdivision plat. Every Final Plat that is not a single-family subdivision shall contain the following statement: NOTE: The City of Duluth assumes no responsibility for overflow or erosion of natural or artificial drains beyond the extent of the street right-of-way, or for the extension of culverts beyond the point shown on the approved and recorded subdivision plat. The City of Duluth does not assume the responsibility for the maintenance of pipes in drainage easements beyond the City right-of-way.
h.House Location Plans (HLP). On any Final Plat containing one or more lots for which a House Location Plan approval will be required prior to issuance of a building permit, the following statement shall be included: HLP - HOUSE LOCATION PLAN. A House Location Plan shall be required to be approved by the Planning and Development Department prior to issuance of a Building Permit on those lots labeled “HLP”. A House Location Plan is a scale drawing submitted by the builder at the time of permit application. It is not required that this plan be prepared by a land surveyor or professional engineer. The purpose of this plan is to ensure that the house is properly located on the lot. Please refer to the Duluth Development Regulations for more information and contact the Planning Department for more information.
i.Residential Drainage Plan (RDP) or Study (RDS). On any Final Plat containing one or more lots for which either a Residential Drainage Plan (RDP) or Residential Drainage Study (RDS) will first be required prior to issuance of a Building Permit, the following statement shall be included: RDP -RESIDENTIAL DRAINAGE PLAN or RDS - RESIDENTIAL DRAINAGE STUDY. A Residential Drainage Plan or Residential Drainage Study shall be required to be approved by the Planning and Development Department prior to issuance of a Building Permit on those lots labeled “RDP” or “RDS”, respectively. Please refer to the Duluth Development Regulations and contact the Planning Department for more information.
1115.04. House Location Plan (HLP)

House Location Plans, when required, must meet the following requirements:

1.House Location Plans shall be drawn to scale and may be shown on a certified boundary survey of the lot or any other drawing showing the information required. The HLP may be combined with a Residential Drainage Plan (RDP) if both are required for the lot.
2.It is not the intent that the House Location Plan be prepared by a registered surveyor or engineer but said plan must be done with sufficient accuracy to ensure that the proposed improvements will be constructed in conformance with the regulations of this Development Code, as applicable.
3.House Location Plans shall show the following information as applicable:
a.Boundary lines of the lot, giving distances to the nearest one-tenth of a foot and bearings to the nearest minute.
b.Location and names of all abutting streets or other rights-of-way. If the lot is located in a subdivision served by private streets, the following notations shall be placed on the HLP:
i.NOTIFICATION OF PRIVATE STREETS. This lot is served by a private street. Any such private street is owned and maintained by the Homeowners Association of the development and is not owned or maintained by the City of Duluth. No public funds of the City are to be used to build, repair or maintain these private streets. The owners, purchasers, lenders, heirs, assigns or other parties taking title to or otherwise procuring an interest in any portion of this property are ultimately responsible for such maintenance and repairs, individually or through the Homeowner’s Association.
c.Minimum front, side and rear setback lines with dimensions, and notation of the existing zoning on the property.
d.The approximate outline of all buildings, driveways, parking areas, swimming pools, recreational courts, patios, accessory structures and other improvements existing or proposed on the property, including dimensions on all improvements and distances of each to the nearest property lines.
e.All easements, public water, sewer or storm drainage facilities traversing or located on the property, and septic tank and drain fields, if any.
f.Subdivision name, lot designation, land lot, and district.
g.North arrow and scale.
h.Limits of the 100-year floodplain, if applicable, and any required buffers or special setback lines.
i.If the lot is located within the Chattahoochee River Corridor, the location of each area by vulnerability category and calculations of impervious surface and clearance by category, or other such data required in accordance with the Certification for the subdivision approved under the Metropolitan River Protection Act. Show any buffer or setback required under said Act.
j.All other applicable requirements of this Development Code.
k.Names, addresses, and telephone numbers of both the owner of the property and the person preparing the House Location Plan.
4.If a lot is located in the Chattahoochee River Corridor, a Certificate of Occupancy shall not be issued for the structure or any other improvements until conformance to the provisions or other requirements of the House Location Plan have been field verified by the builder’s surveyor and submitted to the Planning and Development Department.
5.The House Location Plan shall contain the following signature block. If the HLP is required because of floodplain on the lot, the language contained in the brackets below must be included; otherwise, said bracketed language should be deleted from the signature block.
a.This House Location Plan has been reviewed for general compliance with the Unified Development Code of the City of Duluth, Georgia, and is hereby approved for issuance of a Building Permit for the residential structure and other improvements shown hereon. [No framing inspection will be approved until a certification of the elevation of the lowest floor, as built, prepared by a Registered Land Surveyor or Professional Engineer, has been received by the Department.] This approval is granted with the provision that no Certificate of Occupancy shall be issued for completion of construction until conformance to this House Location Plan has been field verified by the Department of Planning and Development or verified by an “as-built” survey prepared for the builder by a Registered Land Surveyor and submitted to the Planning and Development Department.

____________________________________________________ _____________________ Director, Department of Planning and Development Date

1115.05. Residential Drainage Plan (RDP) or Study (RDS)
1.Residential Drainage Plans, when required (see 909.02), must meet the following requirements:

Residential Drainage Plans (RDPs) shall be drawn to scale on a certified boundary survey of the lot prepared by a Registered Land Surveyor, having an error of closure not exceeding one in 5000 feet. The Residential Drainage Plan may be combined with a House Location Plan if both are required for the lot.

2.Residential Drainage Plans shall show the following as applicable:
a.Boundary lines of the lot, giving distances to the nearest one-tenth of a foot and bearings to the nearest minute.
b.Location and names of all abutting streets or other rights-of-way.
c.The outline of all buildings, driveways, parking areas, swimming pools, recreational courts, patios, accessory structures and other improvements existing or proposed on the property, including dimensions on all improvements and distances of each to nearest property lines.
d.All easements, public water, sewer or storm drainage facilities traversing or located on the property, and septic tank and drain field, if any.
e.Subdivision name, lot designation, land lot, and district.
f.North arrow and scale.
g.Contour lines based on sea level datum. These shall be drawn at intervals of not more than two feet and shall be based on a field survey. Proposed grading of the lot shall be shown along with the finished floor elevation of the lowest habitable floor of the house.
h.Stormwater features, including swales, pipes, stormwater detention and other structures, all drainage easements and directions of flow.
i.Floodplain features, including the limits of the flood hazard area, 100-year flood high water elevation, origin of the floodplain data, and any proposed modifications to the floodplain limits.
j.Sedimentation and erosion control measures to be taken or placed on the lot during construction.
k.Names, addresses, and telephone numbers of both the owner of the property and person preparing the Residential Drainage Plan.
l.Seal, registration number, and date of expiration of the Professional Engineer or Landscape Architect who prepared the drainage improvements or modifications shown on the Residential Drainage Plan.
3.A Residential Drainage Study (RDS) shall be conducted by the developer’s or builder’s design professional prior to issuance of a Certificate of Occupancy on those lots so noted on the Final Plat. The grading and construction of the lot shall be field verified by the developer’s or builder’s design professional as being in conformance with grading plans and stormwater management studies approved for the subdivision prior to issuance of a Certificate of Occupancy.
4.A Certificate of Occupancy shall not be issued for the structure until a written certification has been received from the developer’s or builder’s design professional stating that the provisions or improvements required by the Residential Drainage Plan or as a result of the Residential Drainage Study have been verified in the field.
5.If an RDP or RDS is required because a stream or floodplain is on or adjacent to the lot, the notation on the development plans and plat should be “RDP-E” or “RDS-E” as appropriate.
§ 1116

Site Development Plans

1116.01. Site Development Plans; General
1.An application for a Development Permit for a multi-family or non-residential site shall consist of the Site Plan, a certified boundary survey or Final Plat reference, associated slope or construction easements (if any), and any such other Development Plans as may be required by this Section 1116.
2.The Development Plans shall generally conform to the Concept Plan, if any, or to the Master Concept Plan approved for a Planned Unit Development (PUD), and may constitute only that portion of the approved Concept Plan or PUD Master Concept Plan which the developer proposes to construct as a single unit, provided that such portion conforms to the requirements of these Regulations, all setbacks, maximum density, and other zoning restrictions. If no Concept Plan or PUD Master Concept Plan was approved on the property, the Development Plans shall include the entire property being developed having the same zoning classification.
3.Scale. The Development Plans shall be clearly and legibly drawn at an engineering scale convenient to illustrate the details of the project. Sheet size shall not exceed 48 inches by 36 inches. Plan and Profile sheets, if any, shall have a horizontal scale of no less than 100 feet to one inch and a vertical scale of no less than 10 feet to one inch.
1116.02. Project Boundary Data
1.The Site Plan shall be based on the boundaries of a lot as recorded on a Final Subdivision Plat or on a certified boundary survey delineating the entirety of the property contained within the project, which is tied to a point of reference (tie point) with the same degree of accuracy as the boundary survey itself. The survey shall have an accuracy of no less than 1 in 10,000 and shall meet all requirements of Georgia Law regarding the recording of maps and plats.
2.Each Site Plan shall be drawn on, accompanied by, or referenced to a boundary survey which shall at least meet the requirements of the above paragraph.
1116.03. The Site Plan shall contain the following (on one or more sheets):
1.Proposed name of development. If the project is located within a subdivision, the name of the subdivision, lot, and block number must also be shown.
2.Names, addresses, and telephone numbers of both the owner of the property, and the developer, if different.
3.Names, addresses, and telephone numbers of each professional firm associated with the Site Plan (engineer, landscape architect, etc.).
4.Date of survey, north point, and graphic scale, source of datum, date of drawing, and space for revision dates.
5.Proposed use of the site, including gross square footage for each different type of use or building.
6.Location (Land Lot and District), acreage or area in square feet, and density (if applicable).
7.Location sketch locating the development in relation to the surrounding area with regard to well-known landmarks such as major thoroughfares or railroads. Sketches may be drawn in freehand and at a scale sufficient to show clearly the information required, but not to exceed one inch equal to 2,000 feet. U.S.

Geological Survey maps may be used as a reference guide for the location sketch.

8.Size and location of all buildings, building setback lines, minimum yard lines, and distances between buildings and from buildings to the nearest property lines; location of outdoor storage areas; parking and loading areas, driveways, curb cuts and designated fire lanes. Each building shall be identified with a number or letter.
9.Boundary lines of the perimeter of the tract indicated by a heavy line giving lengths to the nearest one-hundredth of a foot and bearings to the nearest second. Bearing and distance to designated tie point.
10.Directional flow arrows for street drainage.
11.Contour lines based on sea level datum. These shall be drawn at intervals of not more than 2 feet and shall include the entire site and all abutting public streets. Contour lines shall be based on field surveys or photogrammetric methods from aerial photographs. The basis for the topographic contour shall be specified and dated.
12.Natural features within the proposed development, including drainage channels, bodies of water, and other known significant features such as extensive exposed rock. On all watercourses leaving the tract, the direction of flow shall be indicated. The 100-year floodplain shall be outlined and the source of the depicted floodplain information shall be indicated. The acreage or area in square feet within the floodplain shall be indicated.
13.Man-made and cultural features existing within and adjacent to the proposed development, including existing rights-of-way measured from centerline, pavement widths, and locations of jurisdictional lines (if appropriate); existing structures on the property and their disposition, Chattahoochee River Corridor information and Chattahoochee River Tributary Protection Areas (if applicable), and other significant information. Location and dimensions of existing bridges; water and sewer, and other existing lines; other public utility lines and structures; culverts and other existing features should be shown.
14.Proposed street names, roadway and right-of-way lines and widths and sites reserved through covenants, easement, dedication or otherwise for public use.
15.Identify unit number, division or stage of development, if appropriate, as proposed by the developer.
16.Show all adjoining property owners, subdivision names, lot numbers, block letters and lot lines, and zoning.
17.Show the location and number of parking spaces, as required in the Zoning and Georgia Handicap Laws.
18.Zoning district and rezoning case number, date and conditions of approval (as applicable). Variances obtained for the development site should be shown with case number, date of approval and conditions (if applicable). Note any approved waivers of these Regulations.
19.If buffers, other landscaping, or screening treatments are required, show the location, size, and type of materials (natural and/or planted) on the plan in conformance with the Tree Protection Plan or Buffer and Landscape Plan, as applicable.
20.Location, height, and size of all freestanding signs to be erected on the site, and indication whether lighted or unlighted.
21.Location of all known existing landfills and proposed on-site bury pits (State EPD Permit or other approval may be required).
22.Such additional information as may be reasonably required to permit an adequate evaluation of the project.

Development Approval Statement. Each Site Plan shall carry the following certificate printed or stamped thereon: All requirements of the Unified Development Code of the City of Duluth, Georgia, relative to the preparation and submission of a development permit application having been fulfilled, and said application and all supporting plans and data having been reviewed and approved by all affected jurisdictions, agencies and departments as required under their respective and applicable regulations, approval is hereby granted for this Site Plan and all other Development Plans associated with this project subject to all further provisions of said regulations and requirements.

_____________________________________________________ _________________ Director, Department of Planning and Development Date NOTE: THIS APPROVAL EXPIRES TWELVE (12) MONTHS FROM THE DATE OF APPROVAL UNLESS A DEVELOPMENT PERMIT IS ISSUED.

1116.04. Other Plans Required

The Site Plan shall be accompanied by other Development Plans showing the following information when same is not shown on, or evident from the Site Plan. The various plans may be combined where appropriate and clarity can be maintained.

1.Erosion Control Plan prepared in accordance with the requirements of the Soil Erosion, Sedimentation and Pollution Control Division of Article 10. Erosion control measures may be shown on the Grading Plan, if desired.
2.Grading Plan prepared in accordance with the requirements of this Development Code, if applicable.
3.Stormwater Drainage Construction Data:
a.Location and size of all proposed drainage improvements, and drainage easements to be located outside street right-of-way lines.
b.Profiles of all storm drainage pipe and slope of receiving channels. Hydraulic grade lines shall be shown for all pipes (except roof drains) for the required design flow. On storm drainage profiles a pipe chart will be shown which will include pipe number, pipe size, pipe material, pipe slope, pipe length, contributing drainage area, design flow, storm frequency, runoff coefficient and velocity.

On all pipes, the hydraulic grade line shall be shown. Profiles of all open channels and ditches including the design flow normal depth and velocity. On storm drainage profiles an open channel chart will be shown which will include open channel numbers, conveyance size, lining material, length, channel slope, contributing drainage runoff coefficient, and velocity for the required design flow.

c.Acreage of drainage areas and hydrological study used in determining size of structures, including maps of all contributing drainage basins and acreages.
4.Sewage Disposal Plans, as follows:
a.Sanitary Sewer Plans, including profiles and other information as may be required by Gwinnett County Water Resources.
b.For projects proposed to be served by on-site sewage disposal systems, the Gwinnett County Health Department must be consulted.
5.Street Widening and Construction Data:
a.Centerline profiles and typical roadway sections of all proposed street improvements. Profiles (and plans, where required) shall be drawn on standard plan and profile sheets with plan sections showing street layout, pavement and right-of-way width, curvature, and required drainage facilities.
b.Where sanitary or storm sewers are to be installed within a street, the grade, size, location and invert elevations of manholes shall be indicated on the road profile.
c.Profiles covering roadways that are extensions of existing roadways shall include elevations at 50-foot intervals for such distance as may be adequate to provide continuity consistent with the standards of these Regulations, but no less than 200 feet.
d.All elevations shall be coordinated and sited into U.S. Coast and Geodetic Survey or Department of Transportation benchmarks where feasible or into reference monuments established by the Federal Emergency Management Agency.
6.Floodplain Management Plans. If any floodplain areas are located on the property, such data as is required by the Floodplain Management provisions of Article 8 shall be submitted.
7.Private Water System Plans, if any, indicating proposed water main size and location, with fire hydrants, on the site. The distance and direction to all other fire hydrants within 500 feet of the site or buildings along existing streets or other access drives shall also be indicated.
8.Street striping plan, showing striping in accordance with the Manual on Uniform Traffic Control Devices, for any street to be widened to three or more lanes.
9.Landscape Plan:
a.A complete tree survey and inventory, as described in Section 1112.03.
b.An integrated site plan showing Specimen Trees, the trees to be saved and those to be removed, utilities to be installed, grading, the approximate location of all structures, driveways and curb cuts and proposed tree plantings and other landscaping.
c.A detailed plan to protect and preserve trees before, during and in perpetuity after construction, which plan shall contain the following information:
i.All items found on the Erosion, Sedimentation and Pollution Control Submittal checklist pertinent to normal plan review.
ii.Site area (roads, utility lines, detention ponds, etc.)
iii.The locations of existing and proposed structures, paving, driveways, cut and fill area, detention areas, etc.
iv.Phase lines or limits of construction.
v.A delineation of all protected zones with any required dimensions.
vi.Calculations showing compliance with the required canopy coverage using existing trees, and/or replacement trees
vii.Location of all existing and proposed utility lines or easements.
viii.Locations of any boring sites for underground utilities.
ix.Location of all Specimen Trees and indications whether they are to be removed or preserved.
x.Locations of all tree protection devices, materials to be used in each location and details.
xi.A delineation of a Tree Save Area in which trees have been inventoried for canopy coverage calculations.
xii.If applicable, locations and details of all permanent tree protection measures (tree wells, aeration system, permeable paving, retaining walls, bollards, etc.; and
xiii.All proposed plantings per Article 7.
xiv.Additional information as required on a case-by-case basis. (The above items may be integrated into the normal application requirements and submittal.)

Minor changes to existing development require only a sketch showing changes to be submitted to the Planning and Development Director for review and approval.

1116.05. Encroachments

Where construction is proposed to extend onto adjacent property, an encroachment agreement or easement signed by the impacted property owner(s) and recorded with Gwinnett County Superior Court shall be submitted to the Planning and Development Department with the Site Plan.

1116.06. Public Notice – Drainage
Every Site Plan shall contain the following statement:

NOTE: The City of Duluth assumes no responsibility for overflow or erosion of natural or artificial drains beyond the extent to the street right-of-way, or for the extension of culverts beyond the point shown on the approved and recorded plan. The City does not assume the responsibility for the maintenance of pipes in drainage easements beyond the City right-of-way.

§ 1117

Tree Protection Plan Specifications

A Tree Protection Plan shall be drawn and submitted to the Department in accordance with the requirements as stated in the Buffer, Landscape and Tree Conservation provisions of Article 7.

§ 1118

Buffer and Landscape Plan Specifications

A Buffer and Landscape Plan shall be drawn and submitted to the Department in accordance with the requirements as stated in the Buffer, Landscape, and Tree Conservation provisions of Article 7.

§ 1119

Digital Submission Requirements: As-Built Data and Final Plats

1119.01. Digital submissions

In addition to the requirements of this Development Code for the submission of printed copies, development plans, as-built data drawings and all final subdivision plats approved for recordation shall be submitted to the Planning and Development Department in a digital format as follows:

1.Digital drawing files shall be submitted in Adobe PDF format and shall include:
a.Final plat as approved as required under Section 1115.03
b.As-built survey drawings as required under Section 1127.02(1).
c.Site Development plans as required under Section 1116.
2.CCTV all installed pipes and provide the footage.

Division IV. Procedures

§ 1120

Subdivision Review Procedures

1120.01. Pre-Application Conference

Whenever any subdivision of a tract of land is proposed to be made, whether for residential or non-residential development, the subdivider is encouraged to present to the Planning and Development Department preliminary documents and graphic exhibits to permit early evaluation of the subdivider's intentions and coordination with the Comprehensive Plan, this Development Code, Metropolitan River Protection Act, etc., and to inform and provide the subdivider with the necessary regulations in order to properly accomplish the proposed project.

1120.02. Concept Plan Approval
1.Application for Concept Plan approval shall be submitted to the Planning and Development Department using an official application form provided by the Department. The Concept Plan shall include the entire property being proposed for development but need not include the applicant's entire contiguous ownership.
2.In such case that the subdivider elects not to submit a Concept Plan, the subdivider may proceed directly with the submittal of Development Plans provided that the plans show the entire property proposed for development. In so doing, however, the subdivider assumes the risk of premature design and engineering expenses in the event that the City requires substantial design and engineering changes.
3.Following Concept Plan approval, a clearing permit meeting the requirements of Section 1111.01(1) or a clearing and grubbing permit meeting the requirements of Section 1111.01(2) may be issued. Such permits must be consistent with an approved Certificate issued under the Metropolitan River Protection Act, if applicable.
4.Copies of the approved Concept Plan shall be provided to the Department for permanent record in the number determined by the Director.
1120.03. Development Plans Approval for Subdivisions
1.An application for Development Plans approval and issuance of a development permit shall be submitted to the Department using an application form and number of copies as determined by the Planning and Development Director. The Development Plans may include only a portion of the property included within an approved Concept Plan. However, if no Concept Plan has been approved, the Development Plans must include the entire property being developed and having the same zoning. The application shall include the Preliminary Plat, and construction drawings. All 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 provisions of Georgia Law.
2.Following submission of the Development Plans, including a Preliminary Plat and all construction drawings required for development permit review, a grading permit shall be issued upon the developer's request provided that said permit shall also be based upon a Tree Protection Plan (if required), soil erosion and sedimentation control plan, hydrology study, and related construction drawings, and consistent with an approved Certificate issued under the Metropolitan River Protection Act Certificate (if applicable). The grading permit shall be limited to the area within the approved Development Plans and may be further conditioned as deemed appropriate or necessary pending development permit approval.
3.The Planning and Development Director or his/her designee shall indicate on a review copy of the drawings or in a written memorandum all comments related to compliance of the Development Plans with this Development Code, principles of good design, conditions of zoning approval, and the regulations of other departments and State agencies as appropriate. The Director shall have final staff authority to determine the applicability of all comments under this Development Code and conditions of zoning approval.
4.The Planning and Development Director may not approve any Preliminary Plat whereon is shown a lot which would present particularly unusual difficulties for construction of a building, which would clearly require a variance to be reasonably usable, or which is otherwise “unbuildable” because of the presence of floodplain, unusual configuration, lack of public utilities or for any other reason. A House Location Plan
(HLP)may be required as a part of the Preliminary Plat approval to substantiate the buildability of any such difficult or unusual lot.
5.The subdivider shall be responsible for compliance with all codes, regulations, and zoning requirements and for the satisfaction of all of the noted and written comments of the Planning and Development Director.
6.Should an applicant disagree with the findings or final review comments of the Planning and Development Director or of any other department or agency having jurisdiction, concluding that factual or interpretive errors have been made, the applicant may file an appeal under the provisions of Article 12.
7.When the Director has determined that the plat and other Development Plans are in compliance with all applicable City regulations and requirements and approval has been received from all other departments and agencies having jurisdiction, he or she shall sign and date a development approval statement (Section 1115.02(2)(v)) which is stamped or printed on a reproducible copy of the plat. Approved copies of the Preliminary Plat and Development Plans shall be transmitted to the applicant and retained by the Department for its records.
8.Following the above approval, a Development Permit shall be issued at the developer's request to begin construction activities based on the approved Development Plans.
1120.04. Final Plat Approval
1.When construction of the subdivision or a recordable portion of the subdivision has been completed (except for items for which a performance guarantee can be accepted), the subdivider may submit an application to the Planning and Development Department for Final Plat approval, using an application form and number of copies as determined by the Director.
2.The Planning and Development Director shall indicate on a review copy of the plat or in a written memorandum all comments related to compliance of the Final Plat with this Development Code, conditions of zoning approval, and the regulations of other City departments and State agencies as appropriate. The Director shall have final staff authority to determine the applicability of any and all comments under this Development Code or conditions of zoning approval.
3.The Director may not approve any Final Plat whereon is shown or by which is otherwise created a lot that would present particularly severe and unusual difficulties for construction of a building, which would clearly require a variance to be reasonably usable, or which is otherwise “unbuildable” due to the presence of floodplain, unusual configuration, lack of public utilities, or for any other reason.
4.Lots that would appear to be buildable under certain circumstances and would require further study or additional information before a building permit could be issued, but which present problems or unusual difficulties which can reasonably be addressed or overcome by the lot owner, may be included in the Final Plat with the appropriate notation that an HLP, RDP or RDS will be required prior to issuance of a building permit. See Sections 1115.04 and 1115.05 for details.
5.The subdivider shall be responsible for compliance with all codes, regulations, zoning requirements and for the satisfaction of all the comments of the Planning and Development Director.
6.Final approval by the Planning and Development Director shall not be shown on the Final Plat until all requirements of these and other applicable regulations have been met, and the Director has received a completed request for Approval of Development Conformance and an executed Development Performance and Maintenance Agreement, prepared in accordance with the requirements of Section 1127 and Section 1128.
7.The Director shall further determine that either:
a.All improvements to the subdivision required for approval of the Final Plat under the rules and regulations of the City of Duluth have been completed in accordance with the appropriate specifications; or
b.All of the required improvements have been completed except final grassing, pavement topping, required landscaping, or sidewalks, in which case, a performance guarantee meeting the requirements of Section 1130 shall have been filed by the subdivider with the Development Performance and Maintenance Agreement.
8.Payment for materials and installation of traffic control and street name signs shall be made to the appropriate Gwinnett County Department in accordance with the traffic engineering regulations prior to approval of the Final Plat. Payment of the cost of striping major thoroughfares or signalization, where required, if not completed by the developer, shall also be received by the appropriate Gwinnett County Department prior to approval of the Final Plat, as appropriate.
9.Once the Department has approved the Final Plat and all other affected departments and agencies of government as required have certified compliance and signed the Route Sheet or have stamped the plans, the Planning and Development Director shall certify by his or her signature on the original of the Final Plat that all of the requirements of this Development Code and the conditions of zoning approval have been met, and that all other affected departments and agencies having jurisdiction have approved the plat. The Final Plat shall not be deemed approved until it has been signed by the Planning and Development Director and where use of septic tanks is proposed, by a duly authorized representative of the Gwinnett County Health Department.
1120.05. Recordation of Approved Final Plat
1.The Planning and Development Director will forward the executed deeds for the streets, lands and easements as well as the Development Performance and Maintenance Agreement and documents required under Section 1128, to the City Council for approval.
2.Once the final subdivision plat has been certified and the City Council approvals have been granted, it shall be recorded by the applicant, with the Planning and Development Director’s approval, with the Clerk of the Superior Court.
3.Once recorded by the applicant, one copy of the recorded plat shall be filed by the applicant with the records of the Planning and Development Department, showing the map book, volume and page numbers where the plat is recorded.
1120.06. Revised Final Plat
1.Application for Approval of Final Plat Revisions. The owner or developer of the subdivision shall file the survey of any proposed revision to a pre-recorded plat with the Planning and Development Director.
a.Proposed revisions to a recorded plat that alter or change in any way the street, utility or drainage layout, or the overall size of the original subdivision, shall be submitted as a new final plat application, in accordance with the requirements and procedures of Section 1120.04.

Revised construction drawings, as applicable to the proposed changes, shall accompany the application.

b.If the subdivision is still 100 percent owned by the developer, the Planning and Development Director may administratively review and certify the revised final plat.
c.If any lots have been sold, the new lot owners must be informed of the changes, in writing, and their approval of the changes obtained by the owner or developer and submitted to the Planning and Development Director. If approval of all such owners is not obtained, the revised final plat shall be forwarded to the City Council for a public hearing prior to approval of the revised plat and notice of said public hearing shall be sent by mail to all such owners of record at least 15 days prior to the public hearing.
d.If the proposed revisions are limited to the correction of errors on the original plat and have no substantive effect on any lot that has been sold in the subdivision, the Planning and Development Director may administratively review and approve the revised final plat.
2.Review, Approval and Recordation of Revised Final Plat. Final plat shall follow the procedures and provisions of Sections 1120.04 and 1120.05, above.
§ 1121

Non-Subdivision Review Procedures

1121.01. Pre-Application Conference

Whenever any development of a single parcel of land (other than a subdivision or a one or two-family dwelling) is proposed to be made, the developer is encouraged to present to the Planning and Development Department preliminary documents and graphic exhibits to permit early evaluation of the developer's intentions and coordination with the Comprehensive Plan, this Development Code, Metropolitan River Protection Act, etc., and to inform and provide the developer with the necessary regulations in order to properly accomplish the proposed project.

1121.02. Concept Plan Approval
1.Application for Concept Plan approval shall be submitted to the Planning and Development Department using an application form and in number of copies to be determined by the Planning and Development Director.
2.The Concept Plan shall include the entire property being developed. Properties which adjoin the subject property and which are under the same ownership or control as the subject property shall be so indicated. In such case that the developer elects not to submit a Concept Plan, then the developer may proceed directly with the submittal of Development Plans provided that the plans show the entire property proposed for development. In so doing, however, the developer assumes the risk of premature design and engineering expenses in the event that the City requires substantial changes in the plans.
3.Following Concept Plan approval, a clearing permit meeting the requirements of Section 1111.01(1), or a clearing and grubbing permit meeting the requirements of Section 1111.01(2), or a grading permit meeting the requirements of Section 1111.01(3) may be issued. Such permits must be consistent with an approved Certificate issued under the Metropolitan River Protection Act, if applicable.
4.Copies of the approved Concept Plan shall be provided to the Planning and Development Department for permanent record, in a number as determined by the Planning and Development Director.
1121.03. Site Development Plans Approval
1.An application for Development Plan approval and issuance of a development permit shall be submitted to the Planning and Development Department using an application form and in number of copies as determined by the Planning and Development Director. The Development Plans may encompass only a portion of a property included within an approved Concept Plan; however, if no Concept Plan has been approved, the Development Plans shall include the entire property being developed and having the same zoning . The application shall include the Site Plan and construction drawings, as appropriate, as described in Division III of this Article. All 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.
2.The Planning and Development Director or his/her designee shall indicate on a review copy of the drawings or in a written memorandum all comments related to compliance of the Development Plans with this Development Code, principles of good design, conditions of zoning approval, and the regulations of other departments and State agencies as appropriate. The Director shall have final staff authority to determine the applicability of all comments under this Development Code and conditions of zoning approval.
3.The developer shall be responsible for compliance with all codes, regulations, and zoning requirements and for the satisfaction of all of the noted and written comments of the Planning and Development Director.
4.Deeds to lands dedicated to the City in fee simple, shall be submitted to the Planning and Development Director for recording.
5.Should an applicant disagree with the findings or final review comments of the Planning and Development Director or of any other City department, concluding that factual or interpretive errors have been made, the applicant may file an appeal under the provisions of Article 12.
6.When the Planning and Development Director has determined that the Site Plan and other Development Plans are in compliance with all applicable City regulations and requirements, and approval has been received from all other department and agencies having jurisdiction, he or she shall sign and date a statement of development approval (Section 1116.03(22)) stamped or printed on a reproducible copy of the Site Plan. Approved copies of the Site Plan and construction drawings shall be transmitted to the applicant and retained by the Planning and Development Department for its records.
7.Following the above, a Development Permit shall be issued at the developer's request to begin construction activities based on the approved Development Plans. A building permit may also be issued on the basis of the approved development permit under the provisions contained in this Development Code. However, a Certificate of Occupancy shall not be issued, until a Certificate of Development Conformance for the project and a Development Performance and Maintenance Agreement, prepared in accordance with the requirements of Section 1127 and Section 1128, has been received by the Planning and Development Director.
1121.04. Certificate of Development Conformance Approval Process
1.Final approval by the Planning and Development Director shall not be shown on the Certificate of Development Conformance until all requirements of these and other applicable regulations have been met, and the Director has received a properly completed request for Approval of Development Conformance and an executed Development Performance and Maintenance Agreement prepared in accordance with the requirements of Section 1127 and Section 1128.
2.The Director shall further determine that either:
a.All improvements to the development required for approval of the Certificate of Development Conformance under the regulations of the City of Duluth have been completed in accordance with the appropriate specifications; or,
b.All of the required improvements have been completed except final grassing, pavement topping, required landscaping, or sidewalks, in which case a performance guarantee meeting the requirements of Section 1130 shall have been filed by the developer with the Development Performance and Maintenance Agreement.
3.Payment for materials and installation of traffic controls and street name signs shall be made to the appropriate Gwinnett County department in accordance with their regulations prior to approval of the Certificate of Development Conformance. Payment of the cost of striping major thoroughfare or signalization, where required, if not completed or installed by the developer shall also be paid to the appropriate Gwinnett County department prior to approval of the Certificate of Development Conformance, if appropriate.
4.Once the Department has approved the Certificate of Development Conformance and all other affected departments and agencies of government as required have certified compliance, by signing the Route Sheet, the Director shall certify by his or her signature on the original of the Certificate of Development Conformance that all requirements of this Development Code and the conditions of zoning approval have been met. The Certificate of Development Conformance shall not be deemed approved until it has been signed by the Planning and Development Director and where use of septic tanks is proposed, by a duly authorized representative of the Gwinnett County Health Department.
§ 1122

Assignment of Names and Address

1122.01. Subdivision or Development Names
1.Proposed subdivision or development names must be reviewed and approved by Gwinnett County Department of Planning and Development prior to the issuance of a development permit. Names will be reviewed upon submission of the Preliminary Plat or Site Plan.
2.Proposed names shall not duplicate or too closely approximate, phonetically, the name of any other subdivision in Gwinnett County or its municipalities except for extensions of existing subdivisions or developments.
3.Subdivision and development names may be reserved if submitted and approved along with the Concept Plan or PUD Master Concept Plan for the project.
1122.02. Street Names
1.Proposed street names must be reviewed and approved by the Gwinnett County Department of Planning and Development prior to approval of a Final Plat for recording. Street names may be reserved through approval of a Concept Plan, PUD Master Concept Plan or Preliminary Plat for the subdivision. Proposed names for private streets shall follow the same rules as for public streets.
2.Street names shall consist of a root name of the developer's choosing and a suffix designation (“Street”, “Avenue”, “Drive”, etc.) and shall be followed by a quadrant suffix. Directional prefixes (“North”, “South”, etc.) and the prefixes “old” or “new” shall not be used.
3.A proposed street that is obviously in alignment with another already existing and named street shall bear the name of such existing street, unless this requirement is waived by the Gwinnett County Departments of Public Safety and the Duluth Police Department.
4.Except within the same development, no proposed street name shall duplicate (be spelled the same or be phonetically the same) as an existing street name within Gwinnett County regardless of the use of such “Street”, “Avenue”, “Boulevard” “Drive”, “Place”, “Way”, “Court” or however otherwise designated. In the same development, a root name may not occur more than twice.
5.All street root names and suffix designations are subject to the approval of the County. Obscene or otherwise unacceptable language, abbreviations, contractions, or initials may not be used.
6.Root names shall consist of no more than 13 characters including space, hyphens, etc. Letters not occurring in the English alphabet, and numerals, shall not be used.
7.All streets shall bear the proper quadrant suffix appropriate to its location within the City (i.e., NE, NW, SE and SW), as determined by Gwinnett County Traffic Engineering.
1122.03. Street Address Assignments
1.A street address number must be assigned by Gwinnett County Planning and Development prior to issuance of a building permit. For any new structure proposed on a property which has not been assigned an address, a street number will be assigned upon confirmation or establishment of the property as a buildable lot of record under the requirements of these Regulations.
2.Subdivisions. House numbers will be assigned by Gwinnett County Planning and Development after an Exemption Plat or Preliminary Plat is approved for the property. Submission of two copies of the approved plat is required. Block number assignments shall also be designated for abutting major street name signs at this time, if required.
3.Commercial/Industrial Projects or Buildings.
a.Projects will be numbered by Gwinnett County Planning and Development after the developer submits the Site Plan for review.
b.Apartment Projects.
c.Projects will be numbered by Gwinnett County Planning and Development after the developer submits the Site Plan for development review. The overall development will be issued a single street address. The developer will be responsible for numbering/lettering of individual buildings and units.
d.Condominium Projects. Projects will be numbered by Gwinnett County Planning and Development after the developer submits the Site Plan for development review. Individual units shall be numbered consecutively if located along public or private streets. Units in the “stacked-flat” configuration shall use the same numbering approach as applies to an apartment project.
4.The following numbering systems shall be used pursuant to U.S. Postal Service regulations:
a.Individual mailboxes for each dwelling unit: Each street within the project must be named.
b.Cluster box system - Centralized mailbox for entire project: One street name will serve to assign all house numbers for main delivery.
§ 1123

Developments of Regional Impact

1123.01. Types of Approvals Covered

The provisions of this Section apply to any type of official City action requested by a private party related to a development project, such as a rezoning or special use approval, special exception variance or hardship variance approval, approval of a subdivision or site development plan, issuance of a development permit or building permit, or hookup to a public utility.

1123.02. Thresholds for Regional Review

Any development project for which any City action is requested that meets or exceeds any of the development thresholds adopted by the Georgia Department of Community Affairs (DCA) shall be considered as qualified for review as a Development of Regional Impact (DRI), which can be found on the Department of Community Affair’s website.

1123.03. Process for DRI review
1.Submission to the Atlanta Regional Commission (ARC).
a.First request for governmental action.
i.Upon determination by the Planning and Development Director that a request for City approval qualifies for DRI review, the applicant shall provide such information as necessary for completion of the DRI review form (available from DCA).
ii.The completed DRI review form shall be submitted electronically by the Planning and Development Director to the Atlanta Regional Commission (ARC), the Georgia Regional Transportation Authority (GRTA) and DCA through the DCA web site.
iii.Once ARC has determined that the project is a DRI, the 30-day review period officially begins.
iv.Throughout the DRI process, the applicant shall coordinate with the Planning and Development Department and provide such additional information as may be needed to complete the DRI review process.
b.Subsequent requests for governmental action. Once the development project has been reviewed by ARC and the first governmental action has been taken, no further reviews by ARC will be required unless the project is substantially revised, as determined by ARC in consultation with the Planning and Development Director.
2.Final Action by the City.
a.Review by the City of the development project may proceed during the DRI process, but no final action approving the project may be taken until the DRI process is completed.
b.Approval of the first request for governmental action by the City shall not be made on a Development of Regional Impact until:
i.The DRI Report has been received from ARC reflecting its public findings and comments, if any, and the City has had adequate time to consider the Report; or
ii.Said report is not received within 30 days of official determination by ARC that the project is a DRI, or by the end of such time that DRI process extensions have been approved by ARC.
§ 1124

Payment of Fees

1.Application filing and permit fees shall be established from time-to-time by the City Council as provided in Article 13.
2.Application fees, if any, shall be submitted with the application and upon acceptance of said submission for review and consideration shall not be refundable. Failure to pay the required application fee shall cause the application to be returned to the applicant without acceptance for review or consideration by the City.
3.Permit fees, if any, shall be submitted as a prerequisite to issuance of the permit. Non-payment as a result of submission of a check having insufficient funds on account, or for any other reason, shall cause the permit to be voided and reissuance subject to penalty as may be established by the City Council.
4.Following the approval of development plans, and prior to authorization to begin construction, the developer shall pay to the City such required inspection, or other fees as may be established from time-to-time by the City Council. Further, the developer shall pay fees such as sanitary sewer permit charges and other associated fees to the appropriate jurisdiction or agency.
5.Prior to approval of a Certificate of Development Conformance for a project, the developer shall provide to the Gwinnett County Department of Transportation payment of any and all fees for traffic control signs, street name signs, and street striping as shall be required by Gwinnett County, as applicable.

Division V. Development Activities and Completion

§ 1125

Initiation of Development Activities

1125.01. Initial Activities Required

Following the issuance of any permit authorizing grading on any site:

1.Required erosion control measures must be installed where practical by the developer and inspected by the original engineer at the seven-day visit and approved by the Planning and Development Department prior to actual grading or removal of vegetation. All control measures shall be in place as soon after the commencement of activities as possible and in coordination with the progress of the project.
2.Soil sedimentation facilities must be installed and operational prior to major grading operations.
3.Areas required to be undisturbed by this Development Code, conditions of zoning approval, Metropolitan River Protection Act or other ordinance or regulation shall be designated by survey stakes, flags, or other appropriate markings and shall be inspected and approved by the Department of Planning and Development prior to the commencement of any clearing or grading activities.
1125.02. Tree Protection Areas

Prior to the initiation of land disturbance activities and throughout the clearing and grading process the following must be accomplished for any designated tree protection area in accordance with any approved Buffer and Landscape Plan or Tree Protection Plan for the property:

1.For those trees which are not to be removed, all protective fencing, staking, and any tree protection area signs shall be in place. These barriers must be maintained throughout the land disturbance process and shall not be removed until landscaping is begun.
2.The tree protection areas shall not be utilized for storage of earth and other materials resulting from or used during the development process.
3.Construction site activities such as parking, materials storage, concrete washout, burning, etc. shall be arranged so as to prevent disturbances within the tree protection areas.
1125.03. Development Inspections

Notification shall be made by the developer or contractor to the Planning and Development Department at least 24 hours prior to the need for an inspection of activity for each of the following phases as authorized by any permit for site work or development. Inspections shall be made by the Planning and Development Department and passed prior to continuation of further activity or proceeding into new phases.

1.Prior to authorization for clearing or clearing and grubbing of the site or any portion thereof included under the permit, installation of required erosion control measures and designation of tree protection areas and other areas to remain undisturbed shall be inspected.
2.Prior to authorization for grading, installation of required erosion control measures and soil sedimentation facilities, and designation of tree protection areas and other areas to remain undisturbed, shall be inspected. Installation of slope stakes shall be required.
3.Upon completion of roadway grading, a Certificate shall be submitted to the appropriate Gwinnett County department certifying that the centerline of the road and the offset centerline of the water line are within 6 inches of those shown on the approved plans or realigned plan submittal. The Certificate shall be copied simultaneously to the Duluth Planning and Development Department for informational purposes only.

Inspection and approval shall be required prior to trenching or continuation with subbase preparation.

4.Upon completion of installation of storm drainage pipe, detention, or other stormwater facilities.
5.Prior to initiation of installation of sanitary sewer and appurtenances. This notification shall be made by the developer or contractor to the appropriate Gwinnett County department and copied simultaneously to the Duluth Planning and Development Department for informational purposes only. Inspections may occur throughout the installation process.
6.Prior to initiation of installation of water lines and appurtenances. This notification shall be made by the developer or contractor to the appropriate Gwinnett County department and copied simultaneously to the Duluth Planning and Development Department for informational purposes only. Inspections may occur throughout the installation process.
7.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.
8.Subbase or subgrade of streets. After compaction, the subgrade will be string-lined for depth and crown.

The subgrade shall be roll tested and shall pass with no movement, to the satisfaction of the Planning and Development Department.

9.Street base. The base will be string-lined for depth and crown and shall pass a roll test with no movement to the satisfaction of the Planning and Development Department.
10.Paving. A Planning and Development Department inspector shall be on site during the paving process to check consistency, depth, and workmanship. For asphalt paving, the temperature of the material will be spot-checked, and the roadways will be cored after completion to check thickness. (Failure of the contractor to notify the City’s inspector in advance, and coordinate with said inspection, may cause City to require contractor to cover the cost of additional materials testing).
1125.04. Responsibility for Quality and Design

The completion of inspections by the City of Duluth officials and employees and authorization for work continuation shall not transfer responsibility for the quality of the work performed or materials used from the contractor or developer, nor imply or transfer acceptance of responsibility for project design or engineering from the professional corporation or individual under whose hand or supervision the plans were prepared.

1125.05. Stop Work Orders

Work that is not authorized by an approved permit or is not in conformance with the approved plans for the project, or is not in compliance with the provisions of this Development Code or any other adopted code, ordinance or regulation of the City of Duluth, shall be subject to immediate Stop Work Order by the Planning and Development Department. Work that proceeds without having received the necessary inspections of the Planning and Development Department or the appropriate Gwinnett County department, as applicable, shall be halted until all inspections are completed.

1125.06. Stabilization for Erosion Control

If for any reason a clearing and grubbing, grading, or development permit expires after land disturbance activities have commenced, the developer shall be responsible for stabilizing the site for erosion control, under the direction of the Planning and Development Department.

§ 1126

Field changes

1126.01. Field Change; Defined

A “field change” as used in this Section is official approval in writing for a developer or builder to deviate from approved development construction plans or architectural building plans necessitated by unanticipated conditions discovered during the construction process.

1126.02. Field Change; Approval
1.Authority to Approve Field Changes.
a.Field changes may be approved only by the Director of the Duluth or Gwinnett County department responsible for plan review and approval related to the improvement for which the change is proposed. Such approvals are to be coordinated between the affected departments as appropriate.
b.Administrative approval shall not be given for any change that would not have been approved as part of the original permit if the unanticipated conditions had been known.
i.A change that would be inconsistent with the requirements of this Development Code must be considered as a variance under the provisions of the Appeals Article of this Development Code.
ii.Consistency with all other codes, regulations, and ordinances is required unless an appeal or waiver is granted under the provisions of such applicable code, regulation or ordinance.
c.Administrative approval shall not be given for any change that is inconsistent with the conditions of zoning approval imposed by the City Council through the rezoning or special use approval process. Such a change can only be considered and approved as a change in zoning conditions under Section 1104.04.
2.Process for Approval of Field changes.
a.A request for a field change shall be made to the Director of the Department responsible for plan review and approval related to the improvement for which the change is proposed (i.e., the “responsible Director”).
b.Revised development construction plans or architectural building plans, as applicable, must be submitted with the proposed change clearly indicated.
c.If the revised plans relate to a change under this Development Code, the request will be acted upon within ten (10) full business days of receipt of the plans, and either:
i.There are no comments and the change is approved by the Duluth Planning and Development Director;
ii.Plan review comments are forwarded and resubmittal for further review is required;
iii.The information submitted is inadequate to determine consistency with regulations and resubmittal is required; or
iv.The change is approved by the Duluth Planning and Development Director subject to attached plan review comments or conditions of approval.
d.If the revised plans relate to a change under the codes or regulations of Gwinnett County, the request will be acted upon by the responsible County Director in accordance with the County’s procedures.
e.The field change, if ultimately approved, shall be documented by the developer or builder on revised development construction plans or architectural building plans, as applicable, and distributed to the appropriate departments of both the City and the County.
1126.03. Emergency Field Change Requests

In the case of an emergency field change request, the responsible Director, with consideration to or oral comments from other potentially affected departments, may provisionally approve the proposed field change or provisionally approve it with modification. The provisions for such approval are:

1.The field change subsequently shall be formally requested, documented and reviewed under the process set forth under 1126.02(2).
2.The developer or builder requesting the field change accepts all responsibility and liability that may result from emergency approval relative to requirements resulting from the formal review.
3.All requirements resulting from the formal review shall be implemented by the developer or builder that requested the field change in a timely manner.
4.The field change, if ultimately approved through the formal review, shall be documented on revised development construction plans or architectural building plans, as applicable, and distributed to the appropriate departments of both the City and the County.
§ 1127

Approval of Development Conformance

1127.01. Prerequisite to Final Plat or Certificate of Occupancy Approval
1.Approval of a Certificate of Development Conformance for any part of a project included in a development permit shall be a prerequisite to the approval of a final plat for a subdivision 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.
2.The approval shall reflect the owner's certification that all site work and construction has been accomplished according to the terms of approved plans and permits, and that all facilities or improvements required by this Development Code 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.
1127.02. Submission Requirements
1.Upon completion of the project or a phase of the project as authorized for construction by the development permit, the owner shall file a Certificate of Development Conformance with the Planning and Development Director along with record “as-built” drawings of all stormwater detention facilities and modifications to the limits of the 100-year floodplain (if any) and an “as-built” hydrology study for the project with the actual parameters from the record drawing of the detention facilities, along with all streets intended for dedication to the public or to be retained as private facilities.
2.A record “as-built” drawing of the water system and sanitary sewer improvements, if any, shall also be prepared, separately, and submitted to the appropriate Gwinnett County department in accordance with their regulations, with a copy filed simultaneously with the Planning and Development Director.
3.The Certificate of Development Conformance shall be accompanied by a Development Performance and Maintenance Agreement completed in draft form. If the owner is a corporation, the documents shall be signed by the President or other authorized officer, and either the corporate secretary shall attest to the signature and affix the corporate seal, or a Certificate of Corporate Resolution shall also be submitted. See Section 1131 for examples of such instruments.
1127.03. Approval

Following final inspection and approval of all record “as-built” drawings, the Planning and Development Director shall approve the Certificate of Development Conformance.

§ 1128

Project Closeout and Continuing Maintenance

1128.01. Development Performance and Maintenance Agreement

Based upon the approved Certificate of Development Conformance, the owner shall file a final Development Performance and Maintenance Agreement with the Planning and Development Director, along with any required Certificate of Corporate Resolution and performance or maintenance surety, as a prerequisite to the approval of a final plat for a subdivision or issuance of a certificate of occupancy for any part of a project included in the development permit, except for single-family and two-family residential structures. The Development Performance and Maintenance Agreement (see Section 1131 for an example) shall include the following:

1.Performance: If applicable, agreement to complete required improvements yet to be completed (e.g., grassing, topping, sidewalks, required landscaping) by a date certain and to provide performance surety to guarantee such completion in accordance with Section 1130. Final landscaping shall be provided in accordance with a schedule acceptable to the Planning and Development Department. The developer may be allowed up to nine months in which to finish the other designated improvements, after the date of approval of the Certificate of Development Conformance.
2.Maintenance: Agreement to maintain and repair or restore as necessary all street, drainage and landscaping improvements as required by this Development Code, whether public or private, and to provide maintenance surety to guarantee such maintenance in accordance with Section 1129. Repairs shall be made for any deficiencies identified within the maintenance period or the maintenance surety shall be called to complete same.
3.Indemnification of the City against all liability for damages arising as a result of errors or omissions in the design or construction of the development for a period of twenty years. If liability is subsequently assigned or transferred to a successor in title or other person, a copy of such legal instrument shall be filed with the Superior Court of Gwinnett County, Georgia. Failure to record such instrument shall not affect the assignment of responsibility for liability indemnification.
§ 1129

Maintenance Warranty

The owner shall be responsible for the full cost of maintenance after completion of all improvements required by this Development Code, whether public or private, in accordance with the Development Performance and Maintenance Agreement for the project and the provisions of this Section.

1129.01. Maintenance Surety Required
1.Prior to approval of a final subdivision plat, or issuance of a certificate of occupancy for a multi-family or non-residential development project, a maintenance warranty in a form of surety as described in this Section is required for all stormwater detention facilities and for all street and stormwater drainage improvements shown on the record “as-built” surveys, and for all landscaping specifically required by this Development Code.
2.The provision of such surety shall not limit the owner’s responsibility for the full cost of maintenance, repair or restoration during the maintenance period of all improvements required by this Development Code and included in the pertinent Development Performance and Maintenance Agreement.
1129.02. Maintenance Period
1.Start date: For a subdivision, the start of the maintenance period shall be the date of final subdivision plat approval. For a multi-family or non-residential development project, the start of the maintenance period shall be the date of issuance of the certificate of occupancy.
2.The maintenance period shall extend for 18 calendar months from the start date, above, or from the date of completion and City approval of the last deferred improvement covered by a Performance Guarantee, whichever occurs later
3.The maintenance period will be extended for staged or phased developments in those cases that meet the provisions of Section 1129.05.
1129.03. Maintenance Surety Standards
1.For continuing maintenance of the stormwater detention facilities and for maintenance of the street and stormwater drainage improvements, the following shall apply:
a.The maintenance surety shall be in the form of a valid irrevocable letter of credit issued by a bank or other reputable financial institution chartered to do business in the State of Georgia.

Such letter of credit must comply with the requirements of Section 1129.04.

b.The value of the maintenance surety shall be equal to 33% of the cost of construction of the stormwater detention, street and stormwater drainage improvements shown on the as-built surveys and as estimated for deferred improvements under Section 1130.02. Copies of contractor agreements or actual invoices paid, or as otherwise determined by the City Engineer, shall evidence the cost of construction.
c.The maintenance surety shall include the estimated cost for maintenance of continuing operations of the stormwater drainage and detention pond facilities during the maintenance period. Maintenance shall include repair of erosion controls, removal of silt from detention ponds and other items pertinent to the continuing operation of the stormwater drainage system for the development.
d.Maintenance surety for the sanitary sewer facilities and water system improvements is required separately by Gwinnett County in accordance with its regulations.
e.A maintenance surety for continued compliance with the buffer and landscaping requirements of this Development Code, as applicable, shall be in the form of a landscaping warranty. The landscaping warranty shall provide for the replacement or restoration of any or all plantings and landscape material for a period of 12 calendar months from the date of City approval following installation of such plantings and landscape material. Such warranty shall be in a form acceptable to the City (see Section 1131 for an example).
f.Repairs shall be made for any deficiencies identified in the covered improvements within the maintenance period or the surety shall be called by the City to complete same.
1129.04. Letter of Credit for Maintenance Surety

The letter of credit shall be in a form acceptable to the City (see Section 1131 for an example). The executed letter of credit shall be submitted with the final Development Performance and Maintenance Agreement and shall certify the following:

1.That the issuer guarantees funds as an assignment in an amount no less than the total amount determined in accordance with Section 1129.03.
2.That the issuer guarantees that any liens or encumbrances that exist or may be placed on the improvements will not become the responsibility of the City under any circumstances.
3.That if the owner fails to maintain, repair, replace or restore each of the specified improvements within the maintenance period, upon written demand of the Planning Director the issuer will pay to the City immediately, and without further action, the full amount of the total assignment stated in the letter of credit (less the actual cost of covered improvements expended as of the date of demand and accepted by the City as to reasonableness).
4.That the letter of credit shall not be terminated less than 60 calendar days after the date of the end of the maintenance period as contained in the pertinent Development Performance and Maintenance Agreement, may not be withdrawn or reduced in amount, and will be automatically renewed on a month-to-month basis until released in writing by the Planning and Development Director.
1129.05. Staged or Phased Developments
1.In cases where a second phase or any other later stage of a subdivision or site development project will utilize the streets or drainage facilities provided in the original or an earlier phase of the project, the maintenance surety for the second or later phase of the project shall include the streets or drainage facilities located in the original or earlier phase of the project for the duration of the maintenance period of the second or later phase of the project.
2.In cases where a second phase or any other later stage of a subdivision or site development project will utilize the same streets or drainage facilities as those covered by an active maintenance surety for the original or earlier phase of the project, said maintenance surety for the original or earlier phase of the project shall be extended in amount and duration to continue coverage of the original or earlier phase throughout the maintenance period of the second or later phase of the project.
1129.06. Release of Maintenance Warranty
1.Prior to the end of the maintenance period, the City Engineer or Inspector will inspect the improvements covered by the maintenance warranty and identify any repairs, replacement or restoration needed to maintain or return the improvements to full compliance with the “as-built” standards and requirements for such improvements required by this Development Code.
2.The developer shall undertake and complete all maintenance, repairs, replacement or restoration identified in paragraph (1) of this subsection in a timely manner.
3.When the warranty work identified in paragraph (1) of this subsection has been completed by the developer and approved by the City Engineer or Inspector for conformity with this Development Code, the maintenance warranty shall be released by the Planning and Development Director, and written notice of such release shall be provided to the issuer of the letter of credit.
4.The maintenance surety shall be automatically extended by the issuer beyond the expiration date stated in such surety on a month-to-month basis if all inspections of warranty work required by paragraph (1) of this subsection have not been completed to the satisfaction of the City Engineer or inspector, prior to said expiration date stated in the maintenance surety, unless written demand for nonperformance is received by the issuer in accordance with Section 1130.04.
§ 1130

Performance Guarantee

As a prerequisite to approval of a final plat for a subdivision or a certificate of occupancy for a multi-family or non-residential development project, completion of certain improvements required under this Development Code may be deferred in accordance with the Development Performance and Maintenance Agreement for the project and the provisions of this Section.

1130.01. Posting Performance Guarantee
1.The applicant may post a performance guarantee for the construction of certain deferred improvements required under this Development Code as an attachment to the Development Performance and Maintenance Agreement and of a type acceptable to the City Council.
2.Improvements eligible for deferral under performance surety are limited to final topping of streets, installation of sidewalks, installation of plantings and landscape materials, and grassing of street shoulders and easements, as applicable to the project. All other improvements required by this Development Code shall have been completed by the developer, inspected, approved by the City, and covered by the Certificate of Development Conformance for the project.
3.Such performance guarantee shall comply with all statutory requirements and shall be satisfactory to the City as to form, sufficiency and manner of execution. (See Section 1131 for examples.) The period within which required improvements must be completed shall be specified in the Development Performance and Maintenance Agreement and shall not exceed nine months from the date of approval of the Certificate of Development Conformance unless an extension of an additional three calendar months has been granted by the Planning and Development Director.
4.The expiration date of the performance guarantee shall be no less than 60 days following the date established in the Development Performance and Maintenance Agreement for completion of the deferred improvements. “Completion of the improvements” shall mean the final inspection and approval by the City Engineer or Inspector of the improvements in accordance with the design and construction standards of this Development Code.
5.Such guarantee shall be approved by the Planning Department as to amount and type of surety and conditions satisfactory to the Planning Department. The Planning Department may subsequently, upon proof of difficulty, approve extension of the completion date set forth in such guarantee for a maximum period of up to three additional months.
1130.02. Cost of Improvements

The cost of the improvements to be completed shall be established based on a properly executed and binding contract between the developer and the contractor selected to perform the work and shall be supported by detailed cost estimates prepared by the contractor or a qualified design professional. Said contract and cost estimates shall be determined by the City Engineer to be sufficient to cover the full cost of design, surveying, construction, inspection, and preparation of as-built surveys, construction management, and all other costs of the improvements.

1130.03. Restrictions Pending Completion of Improvements
1.No building permit shall be issued on any lot until continuous paved road access to the lot from the public road system has been established in accordance with the provisions of this Development Code.

“Established” means having received final inspection and approval by the City Engineer or Inspector of the road in accordance with the design and construction standards of this Development Code.

2.For subdivisions and development projects that are staged in multiple phases, each phase must have continuous paved road access from the public road system to the boundary of the phase in accordance with the provisions of this Development Code. No phase can be approved for final plat recordation if its access depends on improvements that have not been completed in an earlier phase.
1130.04. Failure to Complete Improvements
1.In those cases where a performance guarantee has been posted and required improvements have either not been installed within the terms of such performance guarantee or have not progressed in a timely manner such that completion within the time period of the guarantee can be achieved, the Planning Director may thereupon declare the guarantee to be in default and require that the issuer of the performance guarantee turn over to the City such funds that are due and payable under the terms of the guarantee.
2.A default also shall be deemed to have occurred on the part of the owner if, in the sole judgment of the City Engineer or Inspector, the owner has:
a.Abandoned or unnecessarily delayed the performance of its obligations under the pertinent Development Performance and Maintenance Agreement; or,
b.Renounced or repudiated its obligations under the said Agreement; or,
c.Clearly demonstrated through insolvency, delay or otherwise, that its obligations under the said Agreement cannot be completed within the time allotted under the said Agreement; or,
d.Has not complied with or is not in compliance with the minimum standards of this Unified Development Code for any one or more of the subject improvements; or,
e.Transferred ownership of any portion of the project to a third party without assignment of the remaining responsibilities hereunder; or,
f.Caused or experienced any damage to new or previously existing improvements creating an emergency situation.
1130.05. Return of Guarantee

When the improvements have been completed and inspected and approved by the City Engineer or Inspector for conformity with this Development Code, the performance guarantee shall be released by the Planning and Development Director.

1130.06. Types of Acceptable Performance Guarantees
1.Letter of Credit. The developer shall provide a valid irrevocable letter of credit from a bank or other reputable financial institution chartered to do business in the State of Georgia, for approval by the Planning Director. The letter of credit shall be in a form acceptable to the City (see Section 1131 for an example). The letter of credit shall certify the following:
a.That the issuer guarantees funds in an amount equal to 110% of the cost, as established under Section 1130.02, of completing all required improvements.
b.That the issuer guarantees that any liens or encumbrances that exist or may be placed on the improvements will not become the responsibility of the City under any circumstances.
c.That if the developer fails to satisfactorily complete the specified improvements within the required period or is otherwise in default under Section 1130.04, upon written demand of the Planning Director, the issuer will pay to the City immediately, and without further action, the full amount of the total assignment stated in the letter of credit, less the actual cost of covered improvements expended as of the date of demand. Such expenditures shall be evidenced by invoices and proof of payments and shall be subject to review and acceptance by the City as to reasonableness.
d.That the letter of credit shall not be terminated less than 60 calendar days after the date of performance completion as contained in the pertinent Development Performance and Maintenance Agreement, may not be withdrawn or reduced in amount, and will be automatically renewed on a month-to-month basis until released in writing by the Planning and Development Director.
2.Performance or Surety Bond. If a developer prefers not to post an irrevocable letter of credit, the Planning Director may allow the developer to post a performance bond as follows:
a.A performance bond must be provided by a construction bonding or insurance company authorized to do business in the State of Georgia.
b.The letter of credit shall be in a form acceptable to the City (see Section 1131 for an example).
c.A performance bond shall certify the following:
i.That the bonding or insurance company guarantees funds in an amount equal to 110% of the cost, as established under Section 1130.02, of completing all required improvements.
ii.That the bonding or insurance company guarantees that any liens or encumbrances that exist or may be placed on the improvements will not become the responsibility of the City under any circumstances.
iii.That if the developer fails to complete the specified improvements within the required period or is otherwise in default under Section 1130.04, upon written demand of the Planning Director, the bonding or insurance company will pay to the City immediately, and without further action, the full amount of the limit of insurance stated in the bond, less the actual cost of covered improvements expended as of the date of demand. Such expenditures shall be evidenced by invoices and proof of payments and shall be subject to review and acceptance by the City as to reasonableness.
d.That the bond shall not be terminated less than 60 calendar days after the date of performance completion as contained in the pertinent Development Performance and Maintenance Agreement, may not be withdrawn or reduced in amount, and will be automatically renewed on a month-to-month basis until released in writing by the Planning and Development Director.
§ 1131

Example Instruments Relating to Improvement Guarantees

The following pages present examples of forms, agreements, letters and warranties discussed above. Such instruments should be modified as appropriate for a particular project but must address all provisions required by this Development Code.

CERTIFICATE OF DEVELOPMENT CONFORMANCE
CERTIFICATE OF DEVELOPMENT CONFORMANCE

TO: DULUTH PLANNING AND DEVELOPMENT DEPARTMENT DEVELOPMENT NAME:

______________________________________________________________________ DEVELOPMENT PERMIT NUMBER: _____________ LOCATION: ____________________________________ PHASE SUBMITTED FOR FINAL PLATTING OR DEVELOPMENT APPROVAL:

_________________________ Forwarded herewith are the record “as-built” drawings, prepared by a Registered Land Surveyor, which include all stormwater detention facilities and approved modifications to the 100-year floodplain (if any), and the “as-built” condition of all streets and drainage structures authorized for construction under the Development Permit first noted above. This is to request final inspection and approval of this Certificate of Development Conformance.

THIS IS TO CERTIFY that all site work or construction authorized under the Development Permit first noted above, including:

a.clearing, grubbing, grading, and installation of soil erosion and stormwater detention facilities as required under said permit;
b.the location of structures, access, parking, or loading areas or other private improvements as approved under said permit;
c.the installation and planting of required landscaping, trees or other plant material to satisfy buffer or other landscape regulations as required under said permit; and
d.all facilities, including stormwater drainage and road improvements, intended for maintenance or dedication to the City of Duluth, Georgia;

are in compliance with all plans, specifications, and other conditions approved under the Development Permit and all applicable standards, regulations, codes and ordinances adopted by the City of Duluth as may have been amended by variance or other relief provided through formal appeal procedures for the subject property, with the sole exception of those improvements so described in the attached DEVELOPMENT PERFORMANCE AND MAINTENANCE AGREEMENT.

This is also to certify that all monies due to third parties for such work authorized for construction under the Development Permit first noted above have been paid (or if not will be the responsibility of the Owner) and that the improvements are free and clear of any liens or encumbrances and that any liens or encumbrances subsequently filed on such facilities and improvements covered herein shall be the sole responsibility of the Owner.

Date Owner (Print Name of Corporation or entity)

ATTEST: Signature Corporate Secretary (affix Corporate Seal), or Notary Public (attach Certificate of Corporate Resolution)

My commission expires: Name (of individual signing above)

Address Address Telephone number The record “as-built” drawings were prepared and sealed by:

REGISTERED. LAND SURVEYOR Reg. No.

Date of Expiration Final Inspection has been completed and APPROVAL IS RECOMMENDED by:

City Engineer Date CERTIFICATE OF DEVELOPMENT CONFORMANCE APPROVED Director of Planning and Development Date NOTE: After the date of this approval, alteration of the site, the roads, stormwater drainage facilities or other public structures not in accordance with the record “as-built” drawings submitted with the Certificate of Development Conformance and with the Development Permit first noted above or a subsequently approved Development Permit, shall without further provision immediately nullify this approval and cause this document to be NULL AND VOID.

DEVELOPMENT PERFORMANCE AND MAINTENANCE AGREEMENT
DEVELOPMENT PERFORMANCE AND MAINTENANCE AGREEMENT

TO: DULUTH PLANNING AND DEVELOPMENT DEPARTMENT DEVELOPMENT NAME:

______________________________________________________________________ DEVELOPMENT PERMIT NUMBER: _____________ LOCATION: ____________________________________ PHASE SUBMITTED FOR FINAL PLATTING OR DEVELOPMENT APPROVAL:

_________________________ A final inspection of this Development [Phase] has been completed and the Certificate of Development Conformance has been approved and accepted by the Director of Planning and Development. This is to provide assurance that the below-signed Owner of this development agrees to the following as a condition precedent to the approval of any applicable Final Plat for a subdivision or the issuance of any Certificate of Occupancy for any site development project.

1.PERFORMANCE
a.The topping course on all streets, as required by the Duluth Unified Development Code, shall be completed on or before ________________ , 20____ , said date being no more than nine calendar months from the date of Certificate of Development Conformance approval.
b.The installation of sidewalks, as required by the Duluth Unified Development Code, shall be completed on or before ________________ , 20____ , said date being no more than nine calendar months from the date of Certificate of Development Conformance approval.
c.Final landscaping, as shown on the approved Buffer and Landscape Plan or as required by the Duluth Unified Development Code, as applicable, shall be completed on or before ________________ , 20____ , said date being no more than nine calendar months from the date of Certificate of Development Conformance approval.
d.All street shoulders and all easements shall be grassed, as required by the Duluth Unified Development Code, and shall be completed on or before ________________ , 20____ , said date being no more than nine calendar months from the date of Certificate of Development Conformance approval.
2.PERFORMANCE SURETY In guarantee of the faithful completion of all improvements listed under Section 1, PERFORMANCE, the Owner agrees to furnish to the City a letter or letters of credit or other acceptable security with good and sufficient surety acceptable to the City in the following sums representing 110% of the estimated costs, as approved by the City Engineer, for the specific type of surety provided, as required by the Unified Development Code of Duluth, Georgia:
a.$ ____________ , representing 110% of the estimated cost of completing the final street topping, [for those streets identified on the attached plat of the subdivision] [as listed as follows: __________] [as attached hereto as Schedule A]; and,
b.$ ____________ , representing 110% of the estimated cost of completing the construction of all sidewalks, [as identified on the attached plat of the subdivision] [as listed as follows: __________] [as attached hereto as Schedule B]; and,
c.$ ____________ , representing 110% of the estimated cost of materials, and other attendant costs incidental to the installation of the final landscaping, [as identified on the approved Buffer and Landscape Plan] [as listed as follows: __________ ] [as attached hereto on Schedule C]; and,
d.$ ____________ , representing 110% of the estimated cost of grassing all street shoulders and easements, [as identified on the attached plat of the subdivision] [as listed as follows: __________] [as attached hereto as Schedule D].

The Owner further agrees and acknowledges that, upon completion of the work required under Section 1, PERFORMANCE, all monies due to third parties for such work will have been paid (or if not will be the responsibility of the Owner), that the improvements will be free and clear of any liens or encumbrances and that any liens or encumbrances subsequently filed on such facilities and improvements covered herein shall be the sole responsibility of the Owner.

A default in the Performance Surety shall be deemed to have occurred on the part of the Owner, if the Owner shall fail to complete the subject improvements within the time set forth under Section 1, PERFORMANCE, or any extensions thereof; or, prior to the expiration of such period, if in the sole judgment of the City, the Owner has:

(1)Abandoned or unnecessarily delayed the performance of its obligations under the Agreement;

or,

(2)Renounced or repudiated its obligations under the Agreement; or,
(3)Clearly demonstrated through insolvency, delay or otherwise, that its obligations under the Agreement cannot be completed within the time allotted under the Agreement; or,
(4)Not complied with or is not in compliance with the minimum standards of the Duluth Unified Development Code, for any one or more of the subject improvements, or
(5)Transferred ownership of any portion of the project to a third party without assignment of the remaining responsibilities hereunder; or
(6)Caused or experienced any damage to new or previously existing improvements creating an emergency situation.
3.MAINTENANCE
a.Maintenance Period.

The Owner hereby warrants to the City that all stormwater detention facilities and all street improvements (including but not limited to the street pavement, base, sidewalks, sub-grades, cuts, fills, shoulders, grassing and traffic signs), stormwater drainage facilities, and required landscaping within this Development [Phase] shall be repaired, replaced or restored as necessary to maintain compliance with the standards and requirements of the Duluth Unified Development Code in force as of the date of this Agreement. This warranty shall begin on the date of approval of the accompanying CERTIFICATE OF DEVELOPMENT CONFORMANCE, and shall continue in full force and effect for no fewer than 18 calendar months after said approval date or the last completion date of all improvements included under Section 1, PERFORMANCE, whichever last occurs, unless extended under paragraph b of this Section 3.

b.Extension of Maintenance Period.

In the event that a second phase or any other later stage of the project will utilize the same streets or drainage facilities as those covered by this Development Performance and Maintenance Agreement, the maintenance warranty provided by the Owner under paragraph a of this Section 3 and the maintenance surety provided under Section 4, MAINTENANCE SURETY, below, shall be extended automatically in duration and amount, in order to continue the maintenance guarantee of the street and drainage improvements covered herein throughout the maintenance period of the second or later phase of the project.

4.MAINTENANCE SURETY
a.Street Improvements and Drainage Facilities.

The Owner agrees to furnish to the City a letter or letters of credit with good and sufficient surety acceptable to the City in the sum of $ ____________ , representing 33% of the construction cost of the street improvements and drainage facilities, in guarantee of the faithful performance of the maintenance required under Section 3, MAINTENANCE, above. The stormwater detention facilities, street pavement, base, sidewalks, sub-grades, cuts, fills, shoulders, grassing, traffic signs and drainage facilities in the development must be properly maintained and free from faults in design, materials and workmanship.

b.Landscaping.

The Owner agrees to furnish the City a Warranty Agreement for Required Landscaping in guarantee of the faithful maintenance required under Section 3, MAINTENANCE, above and for the replacement or restoration of plantings and landscape material as needed to maintain compliance with the buffer and landscaping requirements of the Duluth Unified Development Code, as applicable to the project.

c.Limitation of Owner’s responsibility.

It is agreed that the Owner shall be responsible for the full cost of maintenance after completion of all improvements covered by this Development Performance and Maintenance Agreement without any limitation established by the amount of maintenance surety provided under this Section 4.

5.INDEMNIFICATION The Owner hereby agrees to indemnify the City and hold the City harmless from any and all damages which the City may suffer and from any and all liability, claims including interest thereon, demands, attorney's fees and costs of defense, or judgment against it, arising from errors or omissions in the design or construction of the development or from the effects of stormwater flows onto, from or across any and all lands as a result of the development, and Owner expressly agrees to defend against any claims brought or actions filed against the City where such claim or action involves in whole or in part, the subject of the indemnity contained herein whether such claims or actions are rightfully or wrongfully brought or filed. This indemnification shall commence upon the date of this Agreement and shall continue in full force and effect for a period of 20 years thereafter.
6.SEVERABILITY If any section, subsection, sentence, clause, or phrase of this agreement shall be declared or otherwise adjudged unconstitutional or void, the validity of the remaining portions of this agreement shall not be affected thereby, it being the intent of the City of Duluth in adopting this agreement that no portion or provision of this agreement shall become inoperative or fail by reason of the unconstitutionality or invalidity of any section, subsection, sentence, clause, phrase or provision of this agreement.
7.ASSIGNMENT OF LIABILITY The Owner hereby agrees that any assignment or transfer of the provisions of Section 5, INDEMNIFICATION, above, in whole or in part, to any successor in title or other person, shall be recorded with the Clerk of the Superior Court of Gwinnett County and a copy of said legal instrument, as recorded, shall be filed with the Duluth Planning and Development Department.

Date Owner (Print Name of Corporation or entity)

ATTEST: Signature Corporate Secretary (affix Corporate Seal), or Notary Public (attach Certificate of Corporate Resolution)

My commission expires: Name (of individual signing above)

Address Telephone number DEVELOPMENT AND MAINTENANCE AGREEMENT APPROVED Director of Planning and Development Mayor Date CERTIFICATE OF CORPORATE RESOLUTION CERTIFICATE OF CORPORATE RESOLUTION (PREPARE ON COMPANY LETTERHEAD)

I, ______________________________ , certify the following:

That I am the duly elected and authorized Secretary of ________________ (hereinafter referred to as the “corporation”), a corporation organized and incorporated to do business under the laws of the State of ________________ ;

That said corporation has, through lawful resolution of the Board of Directors of the corporation, duly authorized and directed ________________ , in his official capacity as ________________ of the corporation, to enter into and execute the following described document(s) with the City of Duluth, Georgia, for the ___________________ development project and such phase as named thereon, in accordance with the requirements of the Duluth Unified Development Code:

( List all that apply) Certificate of Development Conformance Development Performance and Maintenance Agreement Letter of Credit Performance Bond Warranty Agreement for Required Landscaping Other : ________________________________ That the foregoing resolution of the Board of Directors has not been rescinded, modified, amended or otherwise changed in any way since the adoption thereof, and is in full force and effect on the date hereof.

IN WITNESS WHEREOF, I have set my hand and corporate seal;

This the ____ day of ________________ , 20____.

_______________________________________ (CORPORATE SEAL)

Signature of Secretary ________________________________________ Signature of Notary Public My commission expires: ____________________ SURETY AGREEMENT FOR MAINTENANCE LETTER OF CREDIT SURETY AGREEMENT FOR MAINTENANCE LETTER OF CREDIT (MUST BE PRINTED ON LOCAL BANK LETTERHEAD)

DATE: __________________________________________________ SUBJECT: SURETY AGREEMENT FOR MAINTENANCE WARRANTY DEVELOPMENT NAME:

______________________________________________________________________ DEVELOPMENT PERMIT NUMBER: _________ LOCATION: ________________________________________ PHASE COVERED BY THIS WARRANTY:

_______________________________________________________ SUBJECT IMPROVEMENTS: As specifically identified and described as follows:

All stormwater detention facilities and all street improvements (including but not limited to the street pavement, base, sidewalks, sub-grades, cuts, fills, shoulders, grassing and traffic signs), and stormwater drainage facilities [as identified on the attached plat of the subdivision] [as listed as follows: __________] [as attached hereto as Schedule A]; and, Required landscaping [as identified on the approved Buffer and Landscape Plan] [as listed as follows:

__________] [as attached hereto as Schedule B].

To the MAYOR AND CITY COUNCIL of the City of Duluth:

This is to advise that ____________________________________________ , as Issuer, is holding at the request of ____________________________ , as Principal, the total amount of $ ________________ as an assignment that the subject improvements indicated above will be maintained in accordance with the standards and requirements of the Unified Development Code of the City of Duluth, Georgia, and further that this money will not be released until such time that we are notified by an authorized agent of the City of Duluth Mayor and City Council that the subject improvements have been properly and satisfactorily maintained and that any repairs, replacements, restoration or other work required by the City to return any part of the improvements to the applicable standards required by the Unified Development Code have been completed and accepted by the City, as evidenced by the return of this letter of credit with such release signed and dated by the authorized agent of the Mayor and City Council of the City of Duluth, below.

This is also to advise that if the Principal should fail to maintain the subject improvements in accordance with the standards and requirements of said Unified Development Code to the satisfaction of the City, upon written notification from the responsible official of the City of Duluth, this party as Insurer will pay to the City of Duluth immediately, and without further action, the total amount of the assignment indicated above (less the actual cost of covered improvements expended as of the date of demand and accepted by the City as to reasonableness); provided, however, the amount is not to exceed the total amount held as an assignment.

This is also to advise that the Issuer guarantees that any liens or encumbrances that exist or may be placed on the subject improvements will not become the responsibility of the City under any circumstances, and that any such liens or encumbrances shall be satisfied by the Principal to the satisfaction of the Insurer prior to the release of this letter of credit by the City.

It is also agreed that this letter of credit shall not be terminated less than 60 calendar days after the date of the end of the maintenance period as established in said Unified Development Code, and that this letter of credit may not be withdrawn or reduced in amount and will be automatically renewed in 30-day increments until released by the authorized agent of the Mayor and City Council of the City of Duluth.

Date Signature ATTEST: Notary Public Printed Name My commission expires: Title APPROVED BY THE DULUTH MAYOR AND CITY COUNCIL Clerk to the Mayor and City Council Mayor Date Final Inspection has been completed and APPROVAL IS RECOMMENDED by:

City Engineer Date RELEASE OF MAINTENANCE SURETY Director of Planning and Development Date SURETY AGREEMENT FOR PERFORMANCE LETTER OF CREDIT SURETY AGREEMENT FOR PERFORMANCE LETTER OF CREDIT (MUST BE PRINTED ON LOCAL BANK LETTERHEAD)

DATE: __________________________________________________ SUBJECT: SURETY AGREEMENT FOR PERFORMANCE GUARANTEE DEVELOPMENT NAME:

______________________________________________________________________ DEVELOPMENT PERMIT NUMBER: _________ LOCATION: ________________________________________ PHASE SUBMITTED FOR FINAL PLATTING OR DEVELOPMENT APPROVAL:

______________________________________________________ SUBJECT IMPROVEMENTS: As specifically identified and described as follows:

Final street topping, [for those streets identified on the attached plat of the subdivision] [as listed as follows:

__________] [as attached hereto as Schedule A]; and, The construction of all sidewalks, [as identified on the attached plat of the subdivision] [as listed as follows:

__________] [as attached hereto as Schedule B]; and, The installation of the final landscaping, [as identified on the approved Buffer and Landscape Plan] [as listed as follows: __________ ] [as attached hereto on Schedule C]; and, Grassing all street shoulders and easements, [as identified on the attached plat of the subdivision] [as listed as follows: __________] [as attached hereto as Schedule D].

To the MAYOR AND CITY COUNCIL of the City of Duluth:

This is to advise that ____________________________________________ , as Issuer, is holding at the request of ____________________________ , as Principal, the total amount of $ ________________ as an assignment that the subject improvements indicated above will be constructed and completed in accordance with the standards and requirements of the Unified Development Code of the City of Duluth, Georgia, and further that this money will not be released until such time that we are notified by the City of Duluth that the subject improvements have been properly and satisfactorily completed and accepted by the City, as evidenced by the return of this letter of credit with such release signed and dated by the authorized agent of the Mayor and City Council of the City of Duluth, below.

This is also to advise that if the Principal should fail to construct and complete the subject improvements in accordance with the standards and requirements of said Unified Development Code, upon written notification from the responsible official of the City of Duluth, this party as Surety will pay to the City of Duluth immediately, and without further action, the total amount of the assignment indicated above (less the actual cost of covered improvements expended as of the date of demand and accepted by the City as to reasonableness); provided, however, the amount is not to exceed the total amount held as an assignment.

This is also to advise that the Issuer guarantees that any liens or encumbrances that exist or may be placed on the subject improvements will not become the responsibility of the City under any circumstances, and that any such liens or encumbrances shall be satisfied by the Principal to the satisfaction of the Insurer prior to the release of this letter of credit by the City.

It is also agreed that this letter of credit shall not be terminated less than 60 calendar days after the date of the end of the performance period as established in said Unified Development Code, and that this letter of credit may not be withdrawn or reduced in amount and will be automatically renewed in 30-day increments until released by the authorized agent of the Mayor and City Council of the City of Duluth.

Date Signature ATTEST: Notary Public Typed Name My commission expires: Title APPROVED BY THE DULUTH MAYOR AND CITY COUNCIL Clerk to the Mayor and City Council Mayor Date Final Inspection has been completed and APPROVAL IS RECOMMENDED by:

City Engineer Date RELEASE OF PERFORMANCE SURETY Director of Community Development Date PERFORMANCE BOND PERFORMANCE BOND DEVELOPMENT NAME:

______________________________________________________________________ DEVELOPMENT PERMIT NUMBER: _________ LOCATION:

________________________________________ PHASE SUBMITTED FOR FINAL PLATTING OR DEVELOPMENT APPROVAL:

_________________________ SUBJECT IMPROVEMENTS: As specifically identified and described as follows:

Final street topping, [for those streets identified on the attached plat of the subdivision] [as listed as follows:

__________] [as attached hereto as Schedule A]; and, The construction of all sidewalks, [as identified on the attached plat of the subdivision] [as listed as follows:

__________] [as attached hereto as Schedule B]; and, The installation of the final landscaping, [as identified on the approved Buffer and Landscape Plan] [as listed as follows: __________ ] [as attached hereto on Schedule C]; and, Grassing all street shoulders and easements, [as identified on the attached plat of the subdivision] [as listed as follows: __________] [as attached hereto as Schedule D].

KNOW ALL MEN BY THESE PRESENTS, that ___________________________ , hereinafter referred to as “Principal,” and ____________________________ , a ______________ Corporation authorized to do business in the State of Georgia, hereinafter referred to as “Insurer,” hereby declare that:

1.We are held and firmly bound unto the City of Duluth, Georgia (hereinafter referred to as the “City”) in the full and just sum of $__________________________ , lawful money of the United States of America, payable to the City under the terms of this Bond, and we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by this Bond.
2.This Bond shall be void if the Principal performs, in every respect, all of its obligations with regard to the subject improvements listed herein. Otherwise, this Bond shall continuously remain in full force and effect until released by the City.
3.(A) It shall be the duty of the Principal to notify Insurer of any revision to the plans, profiles and specifications of the subject improvements. Except as otherwise provided herein, Insurer expressly waives any right to receive notice from the City or to review or approve any revisions to the plans, profiles and specifications of the subject improvements that are required to meet City, State or federal standards. No such revisions of any kind in the work shall in any way affect the obligation of the Insurer under this Bond;

except that the Principal shall submit to the Insurer for review and approval, and the Insurer shall have the right to review and approve, any such revision that:

(1)Grants the Principal any extension of time beyond the period provided for in the Agreement for completion of the subject improvements under the Agreement;
(2)Increases the cost of remaining construction of the subject improvements required under the Agreement by more than ten percent of the original sum of the Bond, as established by the estimate of Principal; provided, however, that the Insurer shall be in all cases conclusively bound for purposes of this subparagraph by the estimate rendered by the Principal to the City as to the cost of any such revision. Where revisions are made without approval of Insurer as required by this subparagraph 3(A)(2), Insurer shall be released from any liability for such revisions in excess of ten percent of the original sum of this Bond; provided, however, that such revision without review and approval of Insurer as required under this subparagraph 3(A)(2) shall not otherwise operate as a release or discharge of any obligation of Insurer under this Bond.
(B)The failure or refusal of the City to take any action, proceeding or step to enforce any remedy or exercise any right under the Agreement or the taking of any action, proceeding or step by Principal, acting in good faith upon the belief that same is permitted by the provisions of the Agreement, shall not in any way release Principal or Insurer, or either of them, or their respective executors, administrators, successors or assigns, from liability under this Bond. Except as set forth herein, Insurer hereby waives notice of any amendment, indulgence or forbearance, made, granted or permitted.
(C)The City, Principal and Insurer intend each provision of this Bond to be valid and binding upon them, and expressly agree to abide thereby.
(D)In the event of a default (as defined in paragraph 4(A) of this Bond), the City may terminate whatever rights Principal and/or Insurer may have, to perform further work on the project.
4.(A) A default shall be deemed to have occurred on the part of the Principal, if Principal shall fail to complete the subject improvements under the Agreement within the time set forth therein or any extensions thereof; or, prior to the expiration of such period, if in the sole judgment of the Authorized City Official, the Principal has:
(1)Abandoned or unnecessarily delayed the performance of its obligations under the Agreement;

or,

(2)Renounced or repudiated its obligations under the Agreement; or,
(3)Clearly demonstrated through insolvency, delay or otherwise, that its obligations under the Agreement cannot be completed within the time allotted under the Agreement; or,
(4)Not complied with or is not in compliance with the minimum standards of the Unified Development Code of the City of Duluth, Georgia, for any one or more of the subject improvements.
(B)If Principal defaults in the performance of all or any part of the obligations specified in the Agreement, the Authorized City Official shall give written notice of the default to the Insurer, with a copy to the Principal.

In the event of such default and notice, Insurer shall within 30 calendar days of receipt of the default notice, give written response notice to the Authorized City Official stating whether it will assume or decline to assume the obligations of the Principal for completion of the subject improvements; and should it elect to assume said obligations Insurer shall be required to complete the subject improvements to the satisfaction of the City within 30 calendar days of said response notice or the date of completion of the subject improvements provided for under the Agreement, whichever is later. In the event that Insurer elects to assume the obligations of Principal as provided herein and thereafter fails to faithfully perform all or any part of the work, or should it unnecessarily delay all or any part of the work, the City may proceed as provided in paragraph 5 of the Bond.

5.Should Insurer, following notice of default, notify the City that it elects not to assume the obligations of Principal for completion of the subject improvements under the Agreement; or fails within 30 calendar days of receipt of the default notice as provided in paragraph 4 above to notify the City whether it elects to assume the obligations of Principal; or having elected to assume the obligations of Principal should it then fail to perform; then in either event the City may elect any of the following procedures or any combination thereof:
(A)Terminate whatever rights Principal and/or Insurer may have to perform further work on the project.
(B)Make demand on the Insurer for cash payment to be rendered immediately, but in no case less than five business days, and without further action, in the total amount of the Bond less the actual cost of the subject improvements expended as of the date of demand. Such expenditures shall be evidenced by invoices and proof of payments and shall be subject to review and acceptance by the City as to reasonableness.
(C)Take over or contract anew all or any part of the work on the subject improvements that is not completed and complete the same. The Principal and Insurer shall be jointly and severally liable to the City for all costs incurred in completion of the subject improvements and/or correction thereof. Such costs shall include necessary repairs, replacement or restoration of work previously completed and any cost to satisfy any liens or encumbrances placed on the subject improvements; provided however, that Insurer’s liability shall not be greater than the total amount of the Bond.
(D)Take such other action as necessary, including but not limited to institution of legal action in a Court of competent jurisdiction, to compel payment of the total amount of the Bond or all costs incurred by the City in completion of the subject improvements and/or correction thereof, whichever is the larger amount, plus Court costs and attorneys’ fees.

The Principal and Insurer consent and agree to comply with any and all elections of the above remedies, procedures and demands with respect thereto exercised by the City and further agree in the event of a failure to so comply with any demand made by the City pursuant to Paragraphs 4 and 5 herein, then they consent to and waive protest against the entry of a consent judgment in an amount no less than the total amount of the Bond or such greater amount to cover the cost of completion of the subject improvements, plus Court costs and attorneys' fees; provided, however, that any such judgment against the Insurer shall not exceed the total amount of the Bond.

6.Insurer shall have the right, at any time within 30 days of the default notice provided for in 4(B) hereof, to request that the Authorized City Official determine a sum constituting the total amount of the Bond less the actual cost of the subject improvements expended as of the date of demand (as evidenced by invoices and proof of payments acceptable to the Authorized City Official as to reasonableness, but not including payments for inadequate or improper construction), as of that time. Should it so elect, Insurer may then pay over to the City the sum so determined and be released from any further obligations under this Bond. If funds are paid over under this section and the paid-over funds are not sufficient to complete the work, the City's sole remedy shall be to proceed against the Principal for any deficiency.
7.If any action or proceeding is initiated in connection with this bond and any and all obligations arising hereunder, the venue thereof shall be the City of Duluth, Georgia, and it is further understood and agreed that this contract shall be governed by the laws of the State of Georgia, both as to interpretation and performance.
8.All notices sent to the Principal and Insurer shall be sent to the addresses set forth on the signature page unless said Principal and Insurer notify the Authorized City Official in writing of such change. If the address of the Principal or Insurer changes, the Principal or Insurer shall immediately notify the Authorized City Official in writing of such change. Failure to notify the Authorized City Official of any change in address is deemed to be a waiver of any requirement for notice under this Bond to the Principal or Insurer. All written notice to the City required under this Bond shall be sent certified mail and addressed to the Authorized City Official with a copy to the City Attorney.
9.If any one or more of the provisions of this Bond are determined to be illegal or unenforceable by a court of competent jurisdiction, all other provisions shall remain in effect.
10.The Principal, his agents, employees or contractors, will comply with the applicable ordinances, laws, regulations and requirements of the City, including the Unified Development Code of the City of Duluth.
11.The Principal will hold harmless the City or any of its officers from any expense incurred through the failure of the Principal to perform or complete its obligations under the Agreement, or from any damages growing out of the negligence of the Principal, or his agents, employees or contractors.
12.Approval of this Bond by the City of Duluth Mayor and City Council shall be deemed acceptance without further notice to the Principal and/or Insurer.
13.The failure of the City to enforce or timely comply with any provision of this Bond shall not be deemed a waiver of the obligation of the Principal and Insurer hereunder.
14.Upon completion of the subject improvements, all monies due to third parties for such work will have been paid (or if not will be the responsibility of the Principal), that the improvements will be free and clear of any liens or encumbrances and that any liens or encumbrances subsequently filed on such facilities and improvements covered herein shall be the sole responsibility of the Principal.
15.The provisions and obligations of this Bond shall be controlled by and interpreted by the provisions and requirements of the Unified Development Code of the City of Duluth, Georgia, in effect as of the date of execution of this Bond by the Principal and Insurer.

IN WITNESS WHEREOF the parties hereto have caused this agreement to be SIGNED, SEALED AND DELIVERED this ______________ day of ______________ , 20____ :

PRINCIPAL:

ATTEST: (Print Name of Corporation or entity)

Corporate Secretary (affix Corporate Seal), or Signature Notary Public (attach Certificate of Corporate Resolution)

My commission expires: Name (of individual signing above)

Address Date Telephone number INSURER:

ATTEST: (Print Name of Corporation or entity)

Corporate Secretary (affix Corporate Seal), or Signature Notary Public (attach Certificate of Corporate Resolution)

My commission expires: Name (of individual signing above)

Address Date Telephone number APPROVED BY THE DULUTH MAYOR AND CITY COUNCIL Clerk to the Mayor and City Council Mayor Date Final Inspection has been completed and RELEASE IS RECOMMENDED by:

City Engineer Date 357 | P a g e RELEASE OF PERFORMANCE BOND Director of Community Development Date WARRANTY AGREEMENT FOR REQUIRED LANDSCAPING WARRANTY AGREEMENT FOR REQUIRED LANDSCAPING (PREPARE ON COMPANY LETTERHEAD)

DATE __________________________ RE: __________________________________________ (Project Name)

__________________________________________ (Site Address)

__________________________________________ To: the City of Duluth Mayor and City Council This letter is to guarantee the plantings and landscape material required by the City of Duluth Unified Development Code at the said project for a period of twelve (12) months from the date installation is completed and approved by the City of Duluth Director of Planning and Development or other representative of the City of Duluth Mayor and City Council . Said City approval of installation shall be evidenced by the signature of such authorized representative on the date shown, below. Failure to obtain such City approval shall automatically extend the beginning of this warranty period until such approval is granted.

I understand and agree that the City’s Development Inspector or other representative of the City of Duluth Mayor and City Council will perform an inspection of the plantings and landscape material by the end of the twelve (12) month guarantee period. Thereafter, the Owner either will be notified of compliance with the Buffer and Landscaping requirements of the City of Duluth Unified Development Code, or will be notified in writing of any replacements or restorations that must be made to maintain such compliance.

I understand and agree that I am required to replace any plantings that are found to be dead or near death, and to replace or restore any landscape material that is damaged or missing, in accordance with the notification of such replacements or restorations made by the City to the Owner. Replacement must be completed within thirty (30) calendar days from said written notification to the Owner from the City or a Performance Surety must be posted with the City for such period as necessary to guarantee replacement or restoration of the plantings or the landscape material.

Owner or Landscape Contractor:

Date ATTEST: Notary Public Signature (affix Corporate Seal if Corporation)

My commission expires: Printed Name Address Address Telephone number Final Inspection has been completed and RELEASE IS RECOMMENDED by:

Development Inspector (signature)

Date RELEASE OF WARRANTY FOR INSTALLATION OF REQUIRED LANDSCAPING Director of Planning and Development (signature)

Date 359 | P a g e

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