Duluth › Unified Development Code
Article 5 — Subdivisions and Planned Developments
§ 501
Minor and Major Subdivisions, Defined
501.01. Minor Subdivisions, General Standards
a.A “minor subdivision” by its very nature is one in which no public improvements (such as new streets, stormwater drainage facilities or public utilities) are to be made.
b.A minor subdivision as defined in this Development Code shall be exempt from the "procedures" and "required public improvements" portions of this Code, except as noted.
c.Each minor subdivision, except for those described in Section 501.02(b)(2) and Section 501.02(b)(4) shall be drawn as an exemption plat in accordance with final plat standards pursuant to the requirements of the Procedures and Permits Article of this Development Code. Upon approval, the Planning and Development Director shall authorize the recording of the exemption plat with the Clerk of Superior Court of Gwinnett County and grant the issuance of building permits pursuant to the codes and ordinances of the City of Duluth.
501.02. Minor Subdivisions, Defined
A minor subdivision shall be defined as any of the following:
a.Recombination. The combination or recombination of all of two or more buildable lots of record, where the total number of lots is not increased and the resultant lots or parcels are in compliance with this Development Code. An exemption plat shall not be required for aggregations of properties for land assembly purposes where no building permit will be requested prior to issuance of a development permit.
b.Lot Splits.
1.Five-Lot Split. The division of a buildable lot of record into five or fewer lots, provided:
i.Each proposed lot complies with all requirements of this Development Code and is limited to single family detached residential use;
ii.Each proposed lot abuts an existing public street;
iii.All related slope and utility easements as well as necessary street rights-of-way as determined by the Duluth Planning and Development Department based on the Comprehensive Plan are provided at no cost to the City;
iv.Each lot thus created may not be resubdivided pursuant to the provisions of this sub-paragraph. Such resubdivision shall be accomplished only through the procedures contained in the Subdivision Review Procedures section of the Procedures and Permits Article of this Development Code;
v.Each proposed lot shall comply with the requirements of the Gwinnett County Public Utilities Department and the Gwinnett County Environmental Health Department, as appropriate, whose certification of approval shall be required prior to approval of the exemption plat by the Duluth Planning and Development Department; and
vi.The Director is authorized to grant a modification from the five-lot maximum exemption; provided, however, modifications shall not be granted to exceed a total of seven exempt lots. The Planning and Development Director may impose conditions of approval upon any modification thus granted as may be necessary to ensure the general public welfare.
2.Large Lot Splits.
i.The division of land in any single family detached residential zoning district into lots having a minimum lot area of at least 5 acres, provided:
1.Each proposed lot fronts on an existing public street which contains or shall contain the necessary right-of-way width required by this Development Code as determined by the Comprehensive Plan;
2.Each proposed lot shall provide at least 100 feet of frontage upon the street, shall provide at least 200 feet of lot width measured in accordance with the requirements of this Development Code, and shall meet or exceed all other minimum requirements of the applicable single-family detached residential zoning district;
3.All related slope and utility easements as well as necessary street right-of way shall be provided at no cost to the City as determined by the Planning and Development Department based upon the Comprehensive Plan;
4.No lot thus created may be re-subdivided to less than 5 acres as an exemption to this Development Code; and
5.Each proposed lot shall comply with the requirements of the Gwinnett County Public Utilities Department and the Gwinnett County Environmental Health Department, as appropriate, whose certification of approval shall be required prior to approval of the exemption plat by the Duluth Planning and Development Department.
ii.The division of land in any single-family detached residential zoning district into lots having a minimum lot area of at least 10 acres, provided:
1.Each proposed lot abuts upon an existing public street;
2.Each proposed lot shall provide at least 100 feet on frontage upon the street, shall provide at least 200 feet of lot width measured in accordance with the requirements of this Development Code, and shall meet or exceed all other requirements of the applicable single family detached residential zoning district;
3.No lot thus created may be re-subdivided to less than 5 acres as an exemption to this Development Code; and
4.A record survey certified by a land surveyor currently registered in the State of Georgia shall be submitted to and approved by the Planning and Development Director showing all lots.
3.Nonresidential Project Management. The creation of a lot for recording within an overall nonresidential development, provided:
i.The overall nonresidential development is being undertaken as a single multi-phase or multi-use project under the unified control of a single developer, is zoned for such use or development, and an overall sketch plan for the entire project has been approved by the Planning and Development Director;
ii.The proposed subdivision is clearly intended to transfer title for financing or building management purposes and not for the sale of the property for future development to the satisfaction of the Planning and Development Director;
iii.The proposed lot has been approved by the Duluth Planning and Development Department to be provided permanent vehicular access by private drive. Said access shall be established by easement or acceptable covenant prior to or concurrently with recording of the exemption plat;
iv.The proposed lot must encompass a principal structure which has been granted a building permit and which is under construction or has been completed; and
v.The exemption plat shall be drawn to include the entirety of the overall development and shall clearly identify those lots to be recorded, those lots previously recorded and the remainder of the development which shall be labeled "not included." All easements, dedications, etc., shall be shown as appropriate or as required. Each lot shall be consistent with the zoning approved for the overall development and the applicable requirements of the Zoning Resolution.
4.Amnesty Lots. The designation of a lot as a buildable lot of record if the lot was recorded between 1970 and the effective date of these Regulations but not reviewed and approved under the provision of the Subdivision Regulations in effect at that time, provided:
i.The exemption plat is limited to one individual lot and no property which adjoins the lot is or has been owned by the applicant in whole or in part;
ii.The lot meets all requirements of the Use of Land and Structures Article of this Development Code, and the applicant demonstrates to the satisfaction of the Planning and Development Director that approval of the lot will not create non-conformity to the requirements of the Use of Land and Structures Article on any portion of the original property from which the lot was subdivided;
iii.The lot abuts upon an existing public street;
iv.All project-related slope and utility easements as well as necessary street right-of-way as determined by the Planning and Development Director based on the Comprehensive Plan is provided at no costs to the City;
v.The lot shall comply with the requirements of the Gwinnett County Department of Public Utilities and Gwinnett County Environmental Health Department, as appropriate, whose certification of approval shall be required prior to approval of the exemption plat by the Planning and Development Director; and
vi.A record survey certified by a land surveyor currently registered in the State of Georgia shall be submitted to and approved by the Planning and Development Director showing the lot.
501.03. Major Subdivision
a.A “major subdivision” is any subdivision that does not qualify as a “minor subdivision.” A major subdivision commonly involves the construction of a new street or widening or other improvement of an existing roadway, the provision of stormwater drainage facilities, or the construction or improvement of public utilities, or which has six or more lots (not in a large lot minor subdivision), building sites or other divisions.
b.Major subdivisions fall into the following categories for the purpose of development regulation:
1.Conventional subdivisions, in which the minimum lot size allowed for the zoning district determines the maximum number of lots in the subdivision, and all of the lots meet the minimum lot size for the zoning district as shown in the Use of Land and Structures Article of this Development Code. Common open space outside of the lots may be created, but is not required, with the exception that conservation areas as defined by this Article are required to be protected (see Section 505).
2.Conservation subdivisions, in which the maximum number of lots that would be allowed in a traditional subdivision under the property’s zoning determines the maximum number of lots in the subdivision, but the minimum lot size may be reduced in response to a higher level of development standards and in order to create more conservation areas and recreational amenities for the residents.
3.Planned unit developments (PUDs), in which a mixture and/or increased density of land uses is allowed in response to a higher level of development standards and in order to efficiently use the land and organize uses.
4.Other planned developments, which include manufactured home parks, apartment buildings and complexes, condominiums, and commercial developments consisting of three or more businesses. For the purposes of this Article, planned developments other than PUDs are controlled by the provisions of their respective zoning districts.
c.Permanent Protection Required. All conservation areas in a conventional subdivision, conservation subdivision or PUD that are required to be protected by the provisions of this Article, shall be permanently protected from further subdivision, development, and unauthorized use, by the method described in Section 505 of this Article.
d.Summary Table. Table 5-A presents a summary of the requirements of this Article as they apply to each of Table 5-A: Summary Comparison of Subdivisions and Developments
Table 5-A: Summary Comparison of Subdivisions and Developments
| Conventional | Conservation | Planned Unit | Other Planned | |||||
|---|---|---|---|---|---|---|---|---|
| Subdivision 1 | Subdivision | Development | Developments | |||||
| Approval | By right in all zoning districts | By right in RA-200, R- 100 and R-75 Districts | PUD zoning required | By right in applicable zoning districts | ||||
| Max. Number of Lots | All lots must meet minimum standards for the zoning district | Per maximum density calculation or Yield Plan | Per PUD zoning approval | Not applicable | ||||
| Minimum Lot Size: Public Water + Septic2 RA-200 District R-100 District R-75 District | 40,000 sf 25,000 sf 25,000 sf | Per Health Department requirements3 | 25,000 sf | Per Health Department requirements | ||||
| Minimum Lot Size: Public Water & Sewer RA-200 District R-100 District R-75 District R-50 District | 40,000 sf 18,000 sf 12,000 sf 7,500 sf | No minimum lot size3 | Per PUD zoning approval | Per applicable zoning district requirements | ||||
| Conservation Areas to be Permanently Protected | Yes | Yes | Yes | Yes |
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§ 502
Conventional Subdivisions
502.01. Maximum Number of Lots
The maximum number of lots in a conventional subdivision shall be determined by the minimum lot size requirements of the zoning district in which the subdivision is located, with the exception of lots served by on-site sewer (septic tank) which shall be subject to the approval and lot size standards of the Gwinnett County Environmental Health Department.
502.02. Minimum Lot Size
In a conventional subdivision, the minimum total lot area and the minimum lot area per dwelling unit required by the Use of Land and Structures Article establishes the minimum lot sizes for each lot.
502.03. Minimum Lot Width, Setbacks
The lot width and setback requirements of Use of Land and Structures Article apply to each lot in a conventional subdivision.
§ 503
Conservation Subdivisions
Conservation subdivisions, as defined herein, are allowed in the RA-200, R-100, R-75, and R-50 zoning districts provided that a conservation subdivision concept plan has been approved by City Council at the time of the rezoning of the property and by staff as part of the development review process for properties zoned RA-200, R-100, R-75, or R-50 as of the effective date of this Development Code.
503.01. Purpose.
The purposes of a conservation subdivision include:
a.To provide residential subdivisions which permit flexibility of subdivision design in order to promote environmentally sensitive and efficient uses of the land.
b.To allow clustering of houses and structures on less environmentally sensitive soils, which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development.
c.To encourage the development of residential communities that are density neutral based on standard zoning and development standards, but designed to preserve and protect environmental resources, scenic vistas, and natural and cultivated landscapes.
d.To enhance land, water, air, and tree resources by minimizing the area of land disturbance, reducing impervious surface, optimizing stream buffers, preserving tree cover and encouraging the conservation of environmentally sensitive areas and the provision of open space.
e.To reduce infrastructure maintenance costs due to efficient community design.
f.To provide open space and pedestrian linkages among residential communities and to encourage recreation opportunities.
g.To preserve and protect contiguous undeveloped areas within the development.
h.To preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat.
503.02. General Standards
a.Density Determination. The maximum number of lots in the conservation subdivision shall be determined by yield plan or calculation, at the developer’s option. The yield plan or calculation shall be prepared by a Georgia registered engineer or landscape architect.
1.Yield Plan. A yield plan that shows the maximum number of lots a tract can support based on the property’s underlying zoning and development standards of this Development Code is required.
The plan does not have to meet all of the formal requirements for a site design plan, but the design must be capable of being constructed given the site features and all applicable regulations. All standard zoning or development regulations must be met (including lot sizes, right-of-way widths, etc.). At a minimum, the plan must account for and depict standard rights-of-ways, lot information (sizes, widths, and setbacks), drainage and detention areas, easements, floodplain, lakes, wetlands, streams, and stream buffers.
2.Calculation. The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning district. In making this calculation, the following shall not be included in the total area of the parcel:
i.Slopes over 25% of at least 5,000 square feet contiguous area;
ii.The 100-year floodplain;
iii.Bodies of open water over 5,000 square feet contiguous area;
iv.Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act; and,
v.Anticipated right-of-way needs for roads and utilities.
b.Minimum Conservation Area.
1.A minimum of 40% of a tract’s gross land area must be set aside and protected as a conservation area as defined herein.
2.At least 75% of the conservation area shall be in a contiguous tract. The conservation area should adjoin any other protected area, and non-protected natural areas that would be candidates for inclusion as part of a future conservation area.
3.See also Section 503.04.
c.Development Requirements. Conservation subdivisions shall meet the following requirements:
1.Minimum Subdivision Size. Each tract proposed to be developed as a conservation subdivision must be a minimum of 10 contiguous acres. The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility.
2.Lot Area. No minimum is established, except that no portion of the lot area may be located within the 100-year floodplain elevation.
3.Average Lot Width. The average width of all building lots, as defined by this Development Code, shall be at least 60 feet. Exception: Lots that abut properties not located within the conservation subdivision shall meet the standard width requirement of the underlying district; or, open space at least 50 feet wide shall be provided.
4.Minimum Road Frontage per Lot. The minimum required road frontage per lot shall be 40 feet.
Exception: Road frontage may be reduced to 20 feet for lots with frontage upon cul-de-sac or “eyebrow cul-de-sac” turnarounds.
5.Minimum Yard Areas (Setbacks).
i.The minimum required front yard shall be 20 feet. Exception: The front yard setback may be reduced to 5 feet if dwellings are provided side or rear entry garages. To qualify for the reduced setback on a corner lot, side entry garages must be located to the side adjacent to an abutting lot.
ii.The minimum required rear yard shall be 20 feet.
iii.The minimum required side yard shall be 5 feet.
6.Exterior Project Street Frontage Landscape Buffer. A landscape buffer that is a minimum of 50 feet in width (not part of any building lot) shall be provided along the tract and any external roadways. Landscape entry features such as fences and walls may be allowed in the portion of the landscape buffer that is provided along any external roadways.
7.Maximum Building Height. The maximum building height shall be 35 feet.
8.Sodded Yards. All yards of dwelling lots shall be sodded.
9.Garages. Dwellings shall have a minimum of two-car garages.
10.Street Trees. A minimum of one non-ornamental shade tree with a minimum 3.5-inch caliper shall be provided prior to the issuance of a certificate of occupancy for each lot along all roadways.
11.Underground Utilities. All utilities shall be located underground.
503.03. Application Requirements
a.Existing Features Site Analysis. At time of development review, or if a zoning action is proposed, an existing features site analysis, sealed by a registered engineer or landscape architect, must be provided to identify areas that are most significant for designation as conservation areas. The existing features site analysis shall include the following information:
1.Property boundaries.
2.Delineation of streams, rivers, lakes, wetlands and other hydrological features to include the source of this information.
3.All conservation areas labeled, as described in Section 505.
4.Topographic contours at intervals no greater than 2 feet.
5.Identification of tree lines, woodlands, open fields or meadows.
6.General soil type.
7.Delineation of steep slope areas (i.e. greater than 25% and at least 5,000 square feet contiguous area).
8.Identification of existing roads, structures and easements.
9.Identification of open space in adjacent developments including potential connection to existing trails and greenspace.
b.Concept Plan. Based on the density determination (yield plan or calculation) and the existing features site analysis, an overall concept plan showing development of the entire tract shall be submitted by the developer for review and approval in accordance with the requirements and procedures of the Procedures and Permits Article of this Development Code (see the Concept Plan Specifications Section). If a zoning action is proposed, the rezoning site plan shall include the following information:
1.Delineation and specifications of conservation areas including calculations and exclusions, and any “pocket parks,” “greens,” play areas, or trail system to be constructed.
2.A typical detail on the plan indicating dwelling size, lot width, building setback lines, off-street parking, street trees, sidewalks, and street pavement and right-of-way width.
3.Lot width average, area and percent of floodplain specifications in tabular form; and density calculations (gross and net).
4.Conservation Area Management Plan. A conservation area management plan, meeting the requirements described herein, shall be prepared and submitted prior to the issuance of a land disturbance permit.
503.04. Conservation Area Requirements
See Section 505.
§ 504
Planned Unit Development (PUD)
504.01. Intent and Purpose
a.The Planned Unit Development District is intended to:
1.Encourage larger scale planned development which will produce a logically organized and compatible set of land uses resulting in a higher overall quality of Planning and Development than if accomplished in incremental unplanned stages.
2.Allow a mixture and/or density of land uses not otherwise allowed in an established zoning district; by careful site planning the appropriate site improvements are incorporated into the plan that establish compatible relationships between the uses within the site and uses adjacent to the site.
3.Encourage creative site design which seeks to preserve the open space and unique environmental features, conserve energy through efficient building design and clustering, efficiently use the land, and increase the efficiency of public service delivery.
4.Provide flexibility in the application of area, height, bulk, placement and other zoning controls.
5.Promote land development in proper relation to the surrounding neighborhood.
6.Ensure that the design of the building forms is interrelated and architecturally harmonious.
7.To be applied in a manner consistent with the Land Use Plan for the City of Duluth.
b.Planned Unit Development Districts are separate zoning districts and shall follow the same amendment procedures as other zoning districts. Unless otherwise stated in this Article, the development standards and the land uses that are presented with the application for amendment, shall, if approved, become the standards for the subject property and shall become a part of the zoning approval.
c.Any PUD that was approved prior to the adoption of this Development Code or amendments to the Code shall continue to be developed under the provisions and conditions of zoning approval that applied at the time of rezoning.
504.02. Requirements for PUD Development
A planned unit development shall meet the following minimum requirements:
a.A minimum of 10% of the gross area of the site shall be retained in common open space that is required to be deeded as a separate tract to an Owners Association and shall forever remain as open space. The required common open space shall include any conservation areas within a conservation easement established in accordance with Section 505.
b.Additional common open space may be provided and may include active recreation areas for the proposed development, such as swimming pools, tennis courts, community facilities, etc.
c.PUDs comprised solely of multi-family dwellings (townhouses, condominiums and/or apartments) shall dedicate a minimum of 10% of the gross floor area to non-residential uses that benefit on-site residents.
Example of acceptable non-residential uses include a gym, community room, concierge, etc.
d.A PUD that does not have access to a publicly approved sewer system must meet all application requirements for wastewater disposal of the Gwinnett County Environmental Health Department. If sanitary sewer is proposed or required, it must be connected to a state-approved wastewater treatment facility, either privately or publicly owned.
e.Sidewalks shall be required along both sides of all streets within a PUD. The construction standards of the required sidewalks are given in the Project Design and Construction Standards Article of this Development Code.
f.Where a PUD containing residential uses abuts a residential land use, said PUD shall contain a buffer as shown in Table 7-A based on the PUDs land use. If a PUD has multiple land uses, the buffer would be based on the most stringent use.
g.All utilities must be located underground, including private utilities such as electric power, cable and telephone.
504.03. Applications for PUD Approval
In addition to the procedural and other requirements for a rezoning in the Procedures and Permits Article of this Development Code, approval of a planned unit development rezoning shall be requested and considered in accordance with the provisions of this Section 504.03.
a.Development Summary Report Required. Applications for rezoning to or development within a Planned Unit Development District shall require a written report that establishes the type, nature, size, intent and characteristics of the proposed development. At a minimum, the report shall include the following:
1.A complete listing and general description of every land use category proposed within the development, including total acreage of the PUD, and the total amount of acreage devoted to each use category, as well as the total number of residential units by type and density, and gross floor area of nonresidential uses. Common open space and conservation easement acreages are to be listed separately.
i.Land use categories may be general and may be unique to a particular PUD, but must identify the principal nature of the category, as illustrated by such names and descriptions as single-family living, neighborhood center, workplace center, mixed-use community, etc., of the applicant’s choosing.
ii.All uses not specifically included in the report, either in a general land use category or detailed for individual areas and approved by City Council, are prohibited unless the application is subsequently amended in accordance with applicable procedures.
2.Individual areas of a planned unit development are to be described as to their specific use and development standards, and keyed to the master concept plan map. Each area description must include the following subject matter, as relevant to the proposed character of development.
i.Allowed principal and accessory uses.
ii.Gross acreage of the individual area and approximate acreages of separate land use or development areas, including common open space and conservation easements.
iii.Intensity of development, such as:
1.For residential uses: Density controls (units/acre) or minimum lot size, minimum lot area per dwelling unit, minimum lot width, minimum lot frontage, minimum floor area or residential dwelling unit sizes, and maximum total number of dwelling units by type, as applicable to the character of the development proposed.
2.For mixed-use and nonresidential uses: Gross floor area per acre or total gross floor area, dwelling unit sizes and total dwelling units, as applicable to the character of the development proposed.
iv.Principal building setbacks or build-to lines along all streets and property lines.
v.Maximum building heights.
vi.Buffers, landscape strips and open space standards.
vii.Exceptions or variations from the sign, parking or street design requirements of this Code, if any, are being requested for the individual area.
viii.An indication whether the internal streets will be public or private.
ix.Proposed restrictive covenants (for informational purposes only).
x.Any other relevant or applicable standard or requirement for the individual area.
xi.A description of intended plans for the provision of utilities, including water, sewer, drainage facilities and street lighting, as applicable.
xii.For all streets and utilities not proposed for dedication to the public, provisions for the ownership and maintenance must be explained.
xiii.Applications shall include prospective front, side and rear elevation drawings of representative building types. These drawings shall indicate general architectural characteristics. If the PUD is approved, general compliance with the architectural elevations shall be required.
504.04. Master Concept Plan Required
a.Applications for rezoning to a Planned Unit Development District shall require a master concept plan, including, at a minimum, those items enumerated below. The Planning and Development Director, Planning Commission and/or City Council may require, in addition, such other information, studies, plats, plans or architectural elevations deemed necessary to perform an adequate review of the proposed application.
b.Master concept plans shall be prepared by a professional engineer, architect, land surveyor, land planner or landscape architect, and his/her seal of registration or professional initials shall be indicated on such plans.
c.After rezoning is approved, development of a PUD or any portion of a PUD will require submission and approval of a preliminary subdivision plat or a conceptual site plan, as applicable to the type of development proposed, in accordance with the requirements and procedures of the Procedures and Permits Article of this Development Code.
504.05. Master Concept Plan Requirements
All master concept plans required by this Section shall contain, at a minimum, the following information:
a.Boundaries of the subject property based on the boundary descriptions or boundary survey submitted with the rezoning application.
b.Title of the proposed development and the name, address and contact information of the property owner or their designated representative.
c.The name, address and contact information of the architect, engineer or other designer of the proposed development.
d.Scale, date, north arrow, and general location map showing relationship of the site to the surrounding area, streets and/or natural features.
e.All existing streets within or adjacent to the property, including right-of-way and street pavement widths;
location of existing buildings to be retained or removed; water courses and impoundments, wetlands and the limits of the 100-year flood plain; and other physical characteristics of the property relevant to the development proposal.
f.Common open space areas to be retained, and the type, location and extent of primary conservation areas.
g.The general location of the proposed major street circulation system to be located within the planned unit development.
h.General approximate delineation of individual areas of the planned unit development that differ by land use or development standards, keyed to a description for each area contained in the development summary report prepared in accordance with this Section.
504.06. Review Standards for PUD Rezoning
In considering and acting upon applications for rezoning to the Planned Unit Development District, in addition to the standards for rezoning consideration in the Procedures and Permits Article of this Development Code, the City Council may consider and base their recommendation and decision, respectively, on the following information:
a.Conformity to the purpose and intent of the Planned Unit Development District.
b.Quality of site design.
c.Integration of a variety of land uses, building types and densities.
d.Preservation of natural features.
e.Compatibility with adjacent land uses.
f.Provision and type of open space and the provision of other amenities designed to benefit the general public.
g.Adequacy of utilities and other public works.
504.07. Report and Concept Plan Establish PUD Requirements
The approved development summary report, master concept plan, and all other information, studies, plats, plans or architectural elevations submitted in the application, or required to be submitted by the City Council, shall establish the standards and minimum requirements for the subject property and shall become the conditions of zoning approval that apply to the subject property, regardless of changes in property ownership.
504.08. Revisions to Approved PUD
a.Any changes that, in the opinion of the Planning and Development Director, result in a development of such intent and character that has not been conceptually approved by the City Council shall require additional approval in accordance with procedures established in the Procedures and Permits Article for a revision of conditions of rezoning approval. Such changes may be additions in the types of land uses, increases in square footage or density, decreases in lot sizes, changes in the location or dimensions of major streets, decreases in dwelling unit floor areas, major alterations in the land use patterns, or other substantial changes that are inconsistent with the summary report or the master concept plan approved for the PUD. Otherwise, minor changes may be approved by the Planning and Development Director prior to issuance of development or building permits.
b.As development of each portion of a planned unit development proceeds, the master concept plan map shall be updated to show each final subdivision plat as it is approved for recording, and each site plan for a multi-family or non-residential project upon its approval for a land disturbing activity permit. No certificates of occupancy will be issued within those areas until the zoning official has received the updated master concept plan map.
§ 505
Conservation Areas
505.01. Purpose
The purposes of this Section, among others, are as follows:
a.To recognize the current development rights of property owners established through zoning;
b.To conserve open land, including those areas containing unique and sensitive natural features such as stream buffers and wetlands, by setting them aside from development;
c.To reduce erosion and sedimentation by the retention of existing vegetation;
d.To enhance water quality of streams and waterways, and to protect valuable groundwater resources; and
e.To provide notification to future property owners of natural resources that must be protected on their property.
505.02. Designation of Conservation Areas
Conservation Areas are required to be protected in a Conservation Subdivision, a PUD, or any new subdivision.
These areas are defined as follows:
a.Floodways within the 100-year Floodplain. These areas are designated on maps prepared by the Federal Emergency Management Agency (FEMA) and must be confirmed as to their specific location on a preliminary plat for a subdivision or site development plan for a multi-family or nonresidential project.
b.Flood Hazard Areas. All areas within the 100-year floodplain but lying outside any floodway, wetland or other designated primary conservation area fall under this category. The boundaries of the 100-year floodplain are designated as the “flood hazard area” on maps prepared by the Federal Emergency Management Agency (FEMA) and must be confirmed as to their specific location on a preliminary plat for a subdivision or site development plan for a multi-family or nonresidential project.
c.Required Stream Buffers. Natural vegetative stream buffers along the banks of all perennial streams and other state waters, as required by the Soil Erosion, Sedimentation and Pollution Control provisions of the Erosion Control and Stormwater Management Article of this UDC.
d.Wetlands. Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
505.03. Allowed Uses in Conservation Areas
The following requirements apply only to land set aside under conservation or natural resource easements in fulfillment of the provisions of this Article.
a.Areas identified as conservation areas shall remain in their natural, undisturbed state. Such undisturbed areas include floodways, required stream buffers, and designated wetlands and wetland buffers.
b.Flood hazard areas outside of the floodway may be used for natural (unpaved) trails and for agricultural uses such as cultivated farmland and pasture, provided that no fence or structure shall be constructed that would impede the free flow of flood waters.
505.04. Prohibited Uses
The following uses are not allowed in conservation areas:
a.Roads and non-permeable paved surfaces except necessary road crossings or as approved otherwise by the City of Duluth;
b.Above-ground utility rights-of-way except necessary utility crossings or as approved otherwise by the City of Duluth; and
c.Other uses inconsistent with the purposes of this Article.
505.05. Natural Resource or Conservation Easement Required
Conservation areas that are required or intended to be protected under the provisions of this Article must be included within an easement, as follows:
All conservation areas in a Conservation Subdivision, PUD, conventional subdivision, multi-family or non-residential development that are required to be protected by the provisions of this Article shall be permanently protected from further subdivision, development and unauthorized use as follows:
a.By a natural resource easement in a conventional subdivision, multi-family or non-residential development; or
b.By a conservation easement in an open space subdivision or a planned unit development.
505.06. Ownership of Land in Conservation and Natural Resource Easements
Land within a conservation or natural resource easement may be included within the lots in a subdivision, on land owned by a homeowners’ association or other entity that meets the provisions for an Owners’ Association as described herein or transferred to a nonprofit conservation organization or land trust organized under Georgia law.
§ 506
Natural Resource Easements
506.01. Natural Resource Easements; Creation
a.The natural resource easement, when required, shall be shown on the final subdivision plat and recorded with the Clerk of the Superior Court at the same time as the final plat.
b.When included within the lots in a subdivision, the natural resource easement shall be granted at no cost to a homeowners’ association or other entity that meets the provisions for an Owners’ Association as described herein.
c.The natural resource easement shall grant a third-party right of enforcement to the Duluth City Council to enforce, at its discretion, any of the terms of the natural resource easement.
506.02. Natural Resource Easements; Guidelines
The following guidelines must be incorporated into any natural resource easement in a form acceptable to the City Attorney:
a.The easement specifically and clearly identifies the boundaries of the property subject to the easement through reference to the easement area shown on the final subdivision plat;
b.The easement contains restrictions as to what the owner may do with the property and specifically delineates what may not be done with the property. Limitations shall be consistent with the type of area protected and the applicable requirements of this Article to such areas, and may include but shall not be confined to prohibitions against subdivision, earthmoving, dumping, signs, utility lines, construction, changes to existing structures and uses made of the property;
c.The easement provides for the right of the holder of the easement to inspect the property to ensure observance of restrictions and also provides for enforcement procedures;
d.The easement provides for the maintenance of the open space; and
e.The easement contains provisions governing its amendment, including provisions that the easement shall not be altered or terminated except with the express written permission of the City.
§ 507
Conservation Easements
507.01. Conservation Easements; Creation
a.The conservation easement, when required, shall be created subject to the provisions of O.C.G.A §44-10-1, et seq., which is known as the “Georgia Uniform Conservation Easement Act.”
b.The conservation easement shall be approved by the City Council and shall be granted at no cost to a charitable corporation, charitable association or charitable trust that qualifies as a “holder” under the Georgia Uniform Conservation Easement Act.
c.Such “holder” shall be approved by the City Council on the basis of their past experience as a “holder” of conservation easements and their lack of an ownership or corporate relationship with the owner or developer of the project.
d.The conservation easement shall grant a third-party right of enforcement to the Duluth City Council to enforce, at its discretion, any of the terms of the conservation easement.
e.The conservation easement may not be granted to the owner of the property to which the easement will apply, including a homeowners’ association holding natural resource conservation areas as common open space in an open space subdivision or planned development.
f.An undivided property ownership interest in the common open space shall be granted to each property in an open space subdivision or planned development.
507.02. Conservation Easements; Guidelines
The following guidelines are required to be incorporated into any conservation easement, at a minimum, in a form acceptable to the City Attorney:
a.The easement recognizes and describes in a statement of purpose the special qualities of the property subject to the easement. Conditions within the tract subject to the conservation easement may be shown by map and/or photograph;
b.The easement clearly identifies the owner of the property subject to the easement, the holder of the easement, and the responsibilities of the property owner and easement holder;
c.The easement specifically and clearly identifies the boundaries of the property subject to the easement, either by metes and bounds legal description, survey plat or reference to the easement area shown on the final subdivision plat;
d.The easement contains restrictions as to what the owner may do with the property and specifically delineates what may not be done with the property. Limitations shall be consistent with the type of area protected and the applicable requirements of this Article to such areas, and may include but shall not be confined to prohibitions against subdivision, earthmoving, dumping, signs, utility lines, construction, changes to existing structures, and uses made of the property;
e.The easement provides for the right of the easement holder to inspect the property to assure observance of restrictions and provides for enforcement procedures;
f.The easement provides for the maintenance of the open space; and
g.The easement contains provisions governing its amendment, including provisions that the easement shall not be altered or terminated except with the express written permission of all entities having either a property right or enforcement right in the easement.
§ 508
Owner’s Association
508.01. Homeowner’s Association; When Required
For any residential development that is subdivided into two or more separate parcels, such as a single-family detached subdivision, and that contains common open space, a natural resource easement, a conservation easement or other lands or structures in common ownership, a homeowner’s association that provides for building and grounds maintenance and repair, insurance and working capital shall be required.
a.Membership in the homeowner’s association must be mandatory for each property in the development.
b.Such associations must also include homeowner’s declaration and bylaws, including covenants, conditions and regulations applicable to each property in the development.
c.The declaration and bylaws shall be enforced by the Association or by an Association Management Company designated by them, which shall have the power to compel the payment of membership dues and assessments.
d.The homeowners' association shall be formed under the provisions of the Georgia Property Owners’
Association Law (O.C.G.A. § 44-3-220, et seq.) and shall contain adequate provisions to qualify it as a “holder” under the Georgia Uniform Conservation Easement Law (O.C.G.A. § 44-10-1, et seq.) if it is to act as a holder of a conservation easement.
e.The documents creating the homeowner’s association must provide that an adequate reserve fund for the association will exist at the time that control of the association transfers from the developer to the purchasers of homes in the development. The reserve fund must be equal to no less than two months’
payment of the normal monthly dues assessment per dwelling unit established by the association, times the number of existing dwelling units.
f.The covenants, conditions and regulations shall, at a minimum, regulate and control the following:
1.Equal access and right of use to all shared facilities;
2.Perpetual and continued maintenance of open and shared space, specifically including storm water detention facilities;
3.Tax liability in the case of default;
4.The method of assessment for dues and related costs;
5.Where appropriate, party wall maintenance and restoration in the event of damage or destruction;
6.Animals, including household pets;
7.Signs;
8.Exterior items such as fences, lawn ornaments, landscape areas and buffers;
9.Building improvements;
10.Outside storage;
11.Overnight parking of vehicles;
12.Decorations and holiday lighting; and
13.Trash collection containers.
g.For subdivisions, the homeowner’s association must be formed and incorporated at the same time a final plat for the subdivision or any portion of the subdivision is first recorded. A copy of the proposed homeowner’s association documents is to be submitted with an application for final subdivision plat approval.
508.02. Nonresidential Owner’s Association
For any nonresidential development that is subdivided into two or more separate parcels, such as an office park, and that contains common open space, a natural resource easement, a conservation easement or other lands or structures in common ownership, an association of the property owners that is consistent with the pertinent requirements for a homeowners’ association, above, shall be required.