Duluth › Unified Development Code
Article 9 — Project Design and Construction Standards
§ 901
General Design Standards
901.01. Suitability of the Land
Land subject to flooding, improper drainage or erosion, and any land deemed to be unsuitable for development due to steep slope, unsuitable soils or subsurface conditions, etc., shall not be subjected to development for any uses that may continue such conditions or increase danger to health, safety, life, and property, unless steps are taken to eliminate or abate these conditions.
§ 902
Unsuitable Land Must Be Included in Buildable Lots
Land within a proposed subdivision or development which is unsuitable for development shall be incorporated into the buildable lot as excess land. Lots which do not comply with the requirements of Article 2 and other requirements of this Development Code are prohibited.
902.01. Exceptions
The creation of an unbuildable lot in a proposed subdivision for the exclusive purpose of subdivision identification signage or subdivision entrance landscape features is authorized only under the following circumstances (modification applications from the circumstances of this exception shall not be accepted):
1.The lot shall be located at an entrance to the subdivision as an “island” in the right-of-way of a local or minor collector street;
2.A mandatory homeowner’s association shall be required for the subdivision for ownership and maintenance of the lot as common area;
3.The lot shall meet the requirements of Article 2 and other zoning requirements of this Development Code or as may be approved by a variance;
4.Right-of-way of a minimum width of 6 feet from back of curb shall be provided adjacent to the perimeter of the lot; and
5.Landscape plantings within the right-of-way shall not extend more than 3 feet above the street grade.
902.02. Offers of Land Dedication
Whenever a developer proposes the dedication of land to public use, and the Planning and Development Director or the appropriate agency finds that such land use is neither required nor is it suitable for public use, the Planning and Development Director shall require the rearrangement of lots to include such land in private ownership.
§ 903
Zoning and Other Regulations
903.01. Zoning Requirements
1.Whenever there is a discrepancy between minimum standards or dimensions required herein and those contained in Article 2 of this Development Code, building codes, or other official regulations, the most restrictive shall apply.
2.In those instances where the required right-of-way width or roadway improvements have been established as a condition of zoning approval, the requirements of the zoning condition shall control whether more or less restrictive than the requirements of this Article.
3.Building setback lines shall at least conform to the minimum yard requirements of Article 2. Building setback lines along all public streets shall be no less than the front yard setback required on the property by the applicable zoning district in Article 2.
903.02. Required Public Improvements
1.General Requirements. Every developer of lands within the jurisdiction of this Article shall provide the public improvements included in this Article, as shall be appropriate to serve the project, in accordance with this Article and other pertinent codes, ordinances, and regulations of the City of Duluth. Said improvements and associated land shall be provided at no cost to the City of Duluth, and shall be dedicated or otherwise transferred, as required, to the public in perpetuity and without covenant or reservation, except as otherwise provided herein.
2.Lots.
a.Lots shall at least conform to requirements of Article 2 of this Development Code.
b.Double frontage and reverse frontage lots shall be required for residential subdivisions along major thoroughfares where internal access can be provided. A no-access easement of at least 10 feet in width, across which there shall be no right of access, shall be provided along the line of lots abutting the major thoroughfare. Said no-access easement shall be planted with a single line of shrubs or trees, or contain a solid or decorative fence, or contain such other landscaping treatment or grade changes which will produce a partial screening effect, as may be proposed by the developer.
c.In no-access easements along minor collectors or local streets, planting or other screening treatments shall be at the sole option of the developer.
903.03. Survey Monuments
1.All corners shall be marked with an iron rebar or pin, at least ½ inch in diameter and 18 inches long and driven into the ground so as to extend no less than one inch above the finished grade.
2.On subdivisions containing floodplains, flood elevation references shall be set in accordance with the requirements of the Flood Damage Prevention section of the Environmental Protection Article of this Development Code.
§ 904
Access Requirements
904.01. Access
1.No subdivision shall be designed so as to completely eliminate street access to adjoining parcels of land.
Every development shall be designed to facilitate access to adjoining properties which are developed or anticipated to be developed in a manner substantially similar to the subject property. Locations of interparcel access shall be as required by and subject to the approval of the Planning and Development Department.
2.Any lot required to provide minimum frontage by the zoning district in which the lot is located shall provide vehicular access directly from a public street along the frontage or along any other property line which abuts a public street, except as provided in Section 904.01(4)(e).
3.Private streets as may be approved under the provisions of this Code shall be constructed to the roadway construction standards of the City of Duluth, as contained herein.
4.Vehicular access easements may be provided from a public street indirectly via easement in any one or more of the following circumstances:
a.The property is not required to provide a minimum frontage by the applicable zoning district, provided that the easement shall be in a location and the access driveway shall have a width and alignment acceptable to Gwinnett County Fire Department and the Department.
b.The property is a buildable lot of record, as defined herein, but does not meet the minimum frontage requirement of the applicable zoning district. The property must be served by an exclusive access easement which shall be limited to the provision of access to only one principal use or structure.
c.The access easement serves a single-family residence on a lot which is otherwise a buildable lot of record, and which is sharing a common driveway with no more than one other single-family residence.
d.The access easement was lawfully established as such under the code, ordinances, or regulations of the City of Duluth prior to the adoption of these Development Regulations.
e.The access easement coincides with a private roadway approved under the codes, ordinances, or regulations of the City of Duluth. All new private roadways must be constructed to the roadway standards of this Article, and their ownership and maintenance responsibility by private parties must be clearly established on the Final Plat of the development.
f.The access easement serves a buildable lot of record which meets the minimum frontage requirements of this Development Code, but at which point the access is not achieved.
§ 905
Streets
905.01. Complete Streets Standards
The purpose of this Section is to assure that new roadway construction and existing roadway improvement projects on City of Duluth roadways include consideration for adequate infrastructure, where appropriate and feasible, for bicyclists, pedestrians, users of public transit of all ages and abilities, vehicles and the physically disabled.
1.Requirements. An array of facilities and amenities that are recognized as contributing to Complete Streets, including, but not limited to: street and sidewalk lighting, pedestrian and bicycle safety improvements, access improvements for freight; access improvements in accordance with the Americans with Disabilities Act; and street amenities shall be provided where practical.
a.New roadway projects shall accommodate users of all abilities, including pedestrians, bicyclists, users of mass transit, people with disabilities, the elderly, motorists, emergency responders, and adjacent land users.
b.New roadway projects shall make use of the most current design standards, policies, and guidelines.
c.Complete Streets solutions shall be developed to fit within the context(s) of the community, and those solutions shall be flexible so that the needs of the corridor can be met.
2.Exemptions
a.Ordinary maintenance activities designed to keep assets in serviceable condition;
b.Extreme topographic or natural resource constraints;
c.A reasonable and equivalent alternative already exists for certain users.
3.In areas where bicyclists and pedestrians are prohibited by law from use, efforts shall be made to accommodate bicyclists and pedestrians elsewhere.
905.02. Dedication of Street Right-of-Way
Right-of-Way for all Public Project streets, existing and proposed, shall be dedicated in accordance with the street classifications as shown on the Planning and Development Department webpage or as otherwise required by the City Council.
905.03. Street Improvements
Streets, whether existing or new, shall be constructed or improved under those circumstances and to the standards as established in this Article. Roadway improvements shall be in accordance with the street classifications as shown in the Comprehensive Plan, the Planning and Development Department web page, or Development Code, as applicable, or as otherwise required by the City Council.
905.04. Minimum Right of Way and Pavement Widths
1.Minimum widths for new construction (new streets or widening sections) shall be as shown on the following Table 9-A (unless a modification is granted by the Planning and Development Director).
Table 9-A: Minimum Right-of-Way and Roadway Widths for New Streets and Widening
| Street Category | Minimum Right-of-Way(1) | Minimum Roadway(2) |
|---|---|---|
| Principal Arterial | 120-150 feet | 6 thru lanes with median |
| Major Arterial | 100-120 feet | 4-6 lanes with median |
| Minor Arterial | 80-100 feet | 52-66 feet – 4 thru lanes with median |
| Major Collector | 80 feet | 52 feet |
| Minor Collector | 60-80 feet | 28 feet |
| Local Street Non-residential Non-residential Cul-de-sac | 60 feet(3) 60 foot radius | 32 feet 50 foot radius |
| Local Street Residential Urban Residential Urban Cul-de-sac | 50 feet 50 foot radius | 25 feet 40 foot radius |
| Local Street Residential Rural(4) Residential Rural Cul-de-sac | 60 feet(5) 60 feet radius(5) | 24 feet 40 foot radius |
development permit by the Department.
Reading grid · rebuilt for display · verify at source ↗
§ 906
General Layout Requirements
906.01. Conformance
The arrangement, character, extent, width, grade, and location of all streets shall conform at a minimum to the Comprehensive Plan and this Article.
906.02. Local Streets and Minor Collectors
1.Local streets shall be so laid out that their use by through traffic will be discouraged.
2.Minor collectors shall be provided to channel through traffic movements within a development, where appropriate to the design and a major thoroughfare is not proposed by the Comprehensive Plan.
3.Minor collectors also may be provided as central routes within large residential subdivisions, where appropriate to the design, based on project traffic demands exceeding 2000 trips per day (ADT).
906.03. Cul-de-sac Streets
1.Dead end streets designed to have one end permanently closed shall provide a cul-de-sac turnaround and may be no more than 2000 feet in length. Additional length necessitated by topography or property configuration may be approved by the Planning and Development Director.
2.The length of a cul-de-sac street shall be measured from the center of the cul-de-sac to the center of the intersection with another street, whether a through street or another cul-de-sac or dead-end street.
3.Eyebrow cul-de-sac (half cul-de-sacs) will be allowed only at “right-angled" intersections having an interior angle between 80 and 100 degrees.
4.Cul-de-sacs shall conform to the layout and dimensional requirements as shown in Gwinnett County’s latest approved Standard Drawings.
906.04. Other Dead-End Streets
1.A dead-end street shall be provided to the boundary of a subdivision where necessary to provide access to a land-locked abutting property, for planned continuity of future circulation, for improved access for public safety vehicles, or for the extension of public water or other utilities to neighboring lands.
a.Such dead-end streets shall be designed so as to allow their reasonable extension and shall be located so as to be reasonably incorporated into a street design for the neighboring property.
b.The stub street requirement may be waived by the Planning and Development Director, provided such waiver has received the approval of the Gwinnett County Fire Department and Gwinnett Department of Transportation, as applicable.
2.Dead-end streets on abutting property shall be extended into a proposed subdivision and incorporated into the street design of the development. This requirement may be modified by the Director in cases of serious topographical hardship or dissimilar zoning which would create unacceptable land use conflicts between the two developments. This modification may be conditioned on the provision of easements necessary for the extension of public utilities, the provision of cul-de-sac or other permanent turnaround on the dead-end street, or the removal of the dead-end street back to its nearest intersection.
3.Where a dead-end street (other than a cul-de-sac) serves more than three lots, the developer shall be required to provide a temporary vehicular turnaround within the right-of-way. This requirement may be waived if extension of the dead-end street is approved and under construction prior to its inclusion in a Final Plat.
4.Where a street dead-ends at the property boundary and the street exceeds 1000 feet in length, a permanent cul-de-sac shall be required. In this situation, right-of-way to the property boundary shall be required, but the pavement shall not be extended to the property boundary beyond the edge of the paved cul-de-sac turnaround. In no case shall a dead-end street exceed 2,000 feet in length unless approved by the Planning and Development Department due to unusual topographic conditions or property configuration.
906.05. Service Roads
Where a development borders on or contains a railroad right-of-way, or limited access highway right-of-way or major thoroughfare, a public street may be required to be constructed and dedicated within the development approximately parallel to and on each side of such right-of-way.
906.06. Half-Streets
Half-streets (new boundary streets having one-half of the minimum required right-of-way or pavement width) shall not be allowed nor access to same be permitted should it exist.
906.07. Reserve Strips
Land in private ownership adjacent to public rights-of-way which could control or are intended to control access to streets, alleys, or public lands shall not be permitted unless their control is given to the City under ownership, dedication, or easement conditions approved by the City Attorney or acceptable to the Director. No development shall be designed so as to deny access to abutting properties.
906.08. Alleys
An alley shall be constructed as though it were a local street pursuant to the standards contained in this Article.
906.09. Street Jogs
1.Streets shall either directly align or have off sets of a minimum of 125 feet for residential subdivision streets and a minimum of 200 feet for non-residential subdivision streets, as measured between centerlines of said streets, unless approved by the Planning and Development Department due to unusual topographic conditions or property configuration.
2.All major thoroughfares shall provide off sets as required by the Planning and Development Department, where alignment is not desirable or feasible, but in no case be spaced less than 600 feet apart as measured between centerlines of said streets.
3.Overlapping left turns are not permitted
§ 907
Traffic Control Devices
907.01. Traffic Control Signs
Street signs, traffic control signs, and devices such as striping and signalization, shall comply with the Manual of Uniform Traffic Control Devices, and shall be provided by the developer. The developer must apply with Gwinnett County Traffic Engineering for the installation and fabrication of traffic signals.
907.02. Street Name Signs
Street name signs shall have a green background with white legends mounted on channelized posts. Private streets shall have blue backgrounds with white legends mounted on channelized posts. Public street signs in the downtown may have green backgrounds and shall match existing street signs. Alternate post material shall be subject to the review and approval of the City’s Engineer. The posts and signs will be furnished and installed by the developer at all street intersections. The developer (or homeowner’s association in the event an alternate signpost is chosen at a later date) shall pay the County’s and/or City’s costs.
907.03. Traffic Signals and Signs
All traffic signals and signs shall conform to the Manual on Uniform Traffic Control Devices (no decorative traffic control devices will be allowed).
907.04. Striping Requirements
All newly constructed streets (including auxiliary lanes) and existing streets being widened with one or more additional lanes shall be striped or the payment of said striping costs shall be required from the Developer by the Planning and Development Department prior to the approval of the Development Conformance Certificate for the project. Striping shall be accomplished with paint meeting Georgia DOT standards conforming to the Manual on Uniform Traffic Control Devices. The developer shall apply the final striping after application of the final topping after receiving approval of the Department.
907.05. Payment of Fees
The developer shall pay Gwinnett County, as applicable, for the installation and fabrication of traffic control devices and street name signs prior to approval of the final plat.
907.06. Street Lights
Street lights shall be provided by the developer in new subdivisions which propose the construction of a new street to be dedicated to the City or which propose lot access to existing City streets. All fees, materials, labor, poles, fixtures and any other associated items shall be furnished, paid for and installed by the developer. Street lighting shall be installed and operating prior to approval of the final plat.
1.This Section shall apply for all developments or phases of development which have not received a development permit as of the date of adoption of this ordinance.
2.In all cases, guidelines related to materials, distances between poles, height, and any other relevant specifications shall be adhered to as set forth in ANSI/IES RP-8-22: Design of Roadway Facility Lighting.
3.A street lighting plan, including a photometric plan, is required and shall accompany the preliminary plat and shall be reviewed and approved by the City for compliance with the requirements of the national standard. Prior to approval of the Final Plat, all fees associated with materials, labor, and installation shall be paid to the appropriate power provider for the project and proof of payment shall be provided to the City.
4.Street lights shall be provided by the owner/developer in any new development where the streets are proposed to be dedicated to the City or which propose lot access to existing City streets.
a.Location and spacing shall be coordinated with the electric company with jurisdiction over the property and shall be installed at the time the streets are constructed.
b.The City shall take over payment of the monthly energy charges from the owner/developer once the residential development is 95% complete based on issued Certificates of Occupancy and after a written request is received from the developer/builder to take over monthly costs. This applies to lighting within public right-of-way.
c.In a residential development, street lights shall be installed prior to approval of the Final Plat.
Electrification of the lights shall occur once the development or phase has achieved 50% completion via issuance of a Certificate of Occupancy (C.O.)
d.In a non-residential development, street lights are to be installed prior to issuance of a C.O. for the building(s).
5.All fixtures and poles shall meet the requirements of the City. Fixtures that overhang the roadway must provide a minimum clearance of 16’ above the roadway and each fixture shall have appropriate arm length to illuminate the street. Post top fixtures must be a minimum of 12 feet above finished grade. The City, in addition to other requirements, may require a light to be located at street intersections within the development.
6.All lighting installed by a private developer within the Downtown Overlay District must coordinate with Georgia Power and use the standard Georgia Power fixture approved and required by the City of Duluth.
§ 908
Sidewalks
908.01. Where Required
1.Except for minor subdivisions, sidewalks shall be required along the frontage of a parcel for any new construction or renovations over 50% in accordance with this Section.
2.Sidewalks shall be required on both sides of any new street, any road classified as a Minor Collector or Major Thoroughfare, where the Duluth Sidewalk Master Plan identifies that sidewalks are planned for construction.
a.If sidewalks are established along portions of the roadway or on the same side of the street as the new development, the owner/developer must install sidewalks in accordance with Section 914.01 on any new development(s) site in order to connect with existing sidewalks.
b.The owner/developer may deposit funds into an account held by the City of Duluth designated for sidewalk construction at the discretion of the Director, if sidewalks are under construction or planned for construction to begin within one year. Said funds shall be in the amount of 110% of the cost for construction of the sidewalk on the property proposed for development as calculated by the Department.
3.Sidewalks may also be required as a condition of zoning, special use approval or by this Development Code. Said sidewalks shall meet the location and construction requirements contained herein, unless otherwise specified in the conditions of approval.
4.Sidewalks provided voluntarily by a builder or developer shall meet the location and construction standards contained herein. Decorative sidewalks may be permitted at the discretion of the Planning and Development Director; however, location and size requirements shall be followed as contained herein.
908.02. Location Requirements
1.Sidewalks shall be located 24 inches from the back of curb except in Conservation Subdivisions, Planned Unit Developments, or subdivisions in which street trees are provided (bridges excepted). Where no curbing exists or future road improvements are anticipated, the sidewalks shall be placed in a location acceptable to the Director. All new sidewalks shall match and provide smooth transition to any existing sidewalks.
2.Sidewalks in Conservation Subdivisions, Planned Unit Developments or in subdivisions in which street trees are provided shall be located at least 6 feet from the back of curb (bridges excepted). The area between the curb and the sidewalk shall consist of grassing or landscaping. Where no curb exists, or if road improvements are proposed for installation by the City, County or State, sidewalks, including appropriate drainage facilities, shall be constructed in a location acceptable to the Department of Planning and Development and/or Georgia Department of Transportation, or Gwinnett County DOT, as applicable
a.Sidewalks shall be required adjacent to the perimeter of eyebrow turnarounds.
b.Sidewalks shall be required adjacent to perimeter of cul-de-sac turnarounds.
c.Where possible, sidewalks shall be woven through existing vegetation, trees, etc. to create a “meandering sidewalk.”
§ 909
Performance Guidelines
909.01. General
1.Purpose. The sub-sections enumerated in this Section 909 are guidelines and are intended to be benchmark indicators of what standards could be acceptable. They are further intended to allow alternate designs which could produce results similar to these performance standards and similar protection to the public. The objective of these performance standards is not to suggest a single methodological standard of acceptance exclusive of all others; Rather, they establish what would otherwise be allowed in the absence of an acceptable alternative.
2.Constraints. The alternative design solutions are constrained by the requirements of this Article and the grading, detention, and drainage Requirements of Article 10, as well as the purpose and intent of this Development Code.
3.Documentation Required. In the event that an alternative is suggested by the applicant, studies and reports conducted by professionals currently certified in the State of Georgia will be required to be submitted to and approved by the Department. These studies and reports must clearly relate to the desired results and purposes expressed or implied in the applicable performance standard. Once an alternative has been approved by the Department, it shall become a required standard applicable to the specifically approved Permit.
909.02. Lots
1.Lots should be designed generally such that they are no more than four times as deep as they are wide at the building setback line, unless exempted by the Planning and Development Director.
a.The Department requires notation that a House Location Plan (HLP) is required to be approved prior to issuance of a building permit on all residential lots.
b.The Department may require notation that a Residential Drainage Plan (RDP) is required to be approved prior to issuance of a building permit on certain lots where additional (site specific) engineering will be necessary to properly grade the lot or locate the building or other improvements. Such lots include, but are not limited to:
i.A lot containing floodplain where fill or other encroachment into the floodplain is planned or reasonably expected;
ii.A lot containing severe topographic features interdicting the building site;
iii.A lot containing a drainage easement with a pipe discharge or other facilities, or flow characteristics which may adversely affect the location of a building or other site improvements.
c.The Planning and Development Department may require notation that a Residential Drainage Study (RDS) is required to be approved prior to issuance of a building permit on certain lots where particular attention to site grading will be necessary, but formal engineering is not needed. Such an RDS is conducted in the field where the effect of the site grading must be accomplished with adequate care so as not to create a drainage problem on neighboring properties.
2.Side lot lines generally should be at right angles (90 degrees) to straight street lines or radial to curved street lines as much as practical. Side lot lines should be radial to the radius points of all cul-de-sacs.
Variations of more than 10 degrees shall require approval of the Department but shall be approved when appropriate to the reasonable loading pattern of the subdivision, efficient use of the land relative to topographic conditions, or provisions of improved building sites over those which would result without such variation.
3.Corner lots shall be sufficiently larger so that they have the same width between minimum side setback lines as an interior lot, but in no case shall more than 75 feet between side setback lines on a corner lot be required.
909.03. Blocks
1.The lengths, widths, and shapes of blocks shall be determined with regard to:
a.Provision of adequate building sites suitable to the special needs of the type of use contemplated,
b.Applicable zoning requirements as to lot size and dimensions,
c.Needs for convenient access, circulation, control, and safety of street traffic, and
d.Limitations and opportunities of topography.
2.In blocks over 1,000 feet long, the Planning and Development Director shall require pedestrian ways or pedestrian access easements, as appropriate, through the block.
909.04. Access
A maximum number of 200 residential dwelling units shall be allowed to be constructed with only one street outlet to an existing public street. If a second access to an existing public road is not available or, if in the opinion of the Planning and Development Director, a second access could induce non- residential traffic through the development, a single entrance may be allowed if designed with a traffic signal and/or sufficient right-of-way and street improvements to provide a protected left-turn lane, subject to engineering and Gwinnett County Fire Marshall.
909.05. Roadway Design
Refer to current American Association of State Highway and Transportation Officials (AASHTO) and Georgia Department of Transportation (GDOT) standards for all road design elements.
909.06. Street Intersections
Refer to current American Association of State Highway and Transportation Officials (AASHTO) and Georgia Department of Transportation (GDOT) standards for all street intersection elements. Where a road or street intersect with a County maintained road or street, Gwinnett County DOT must approve those elements that impact their facility as applicable.
909.07. Driveway Intersections and Standards
1.Angle and Improvements. Driveways shall generally intersect streets at right angles. The portion of a driveway located within a public right-of-way, if any, shall be paved. Driveways providing access to parking lots which contain six or more spaces shall be paved in accordance with the parking lot requirements of the Parking and Loading Requirements Article of this Code.
2.Driveway Design Standards.
a.Residential Driveways. Driveways serving single-family detached or duplex residences shall meet the following requirements:
i.Driveways shall be paved between the street and the principal building.
ii.Driveways shall be no less than 10 feet wide at the right-of-way line, no less than 22 feet in length measured from the back the sidewalk or from the back of curb or edge of pavement if there is no sidewalk, and shall provide a radius to the back of curb or edge of pavement of the roadway of no less than 5 feet. Any other driveway curb cuts shall conform to the standards below.
iii.Townhouse driveways for adjoining units shall be separated by at least a 4-foot wide landscaped strip.
iv.Townhouse driveways shall be at minimum 20’ wide.
b.All driveways and driveway curb cuts on State highways shall conform to Georgia DOT standards unless City requirements are more restrictive.
i.Driveway Detail 1 (32-foot width, 25-foot radius) for:
1.Service Stations;
2.Commercial Sites (over 800,000 square feet);
3.Office/Institutional Complexes (over 100,000 square feet);
4.Apartment/Condominium Complexes (over 200 units);
5.Mobile Home Complexes (over 200 lots).
ii.Driveway Detail 2 (28-foot width, 25-foot radius) for:
1.Commercial Sites (80,000 square feet or less);
2.Office/Institutional Complexes (100,000 square feet or less);
3.Apartment/Condominium Complexes (199 units or less)
4.Manufactured Home Developments (199 lots or less).
iii.Driveway Detail 3 (32-foot width, 40-foot radius) for:
1.Industrial Sites
iv.Driveway Detail 4 (Optional Design with Island) for:
1.Private Commercial/Office Street Entrances;
2.Private Entrances to Apartment/Condominium Complexes (over 200 units); and
3.Private Entrances to Manufactured Home Developments (over 200 units).
v.Some driveways may require larger radius returns based on vehicles intended to access the site. Developer will be required to meet the larger requirements at the discretion of the city.
3.Auxiliary Lanes. Along any major thoroughfare, a deceleration lane or acceleration lane, larger turning radius, traffic islands, or other devices or designs may be required to avoid specific traffic hazards which would otherwise be created by the proposed driveway location.
4.Corner Sight Distance. All driveways approaching a minor collector or major thoroughfare shall provide adequate corner sight distance. The minimum corner sight distance from the driveway shall be equal to or exceed 10 times the regulated speed of the intersected street, as measured from the centerline of the driveway in both directions along the right-of-way line of the intersected street. As an alternative, the minimum corner sight distance requirement may be calculated using AASHTO Policy on Geometric Design of Highways and Streets, Chapter 9 (at-grade intersections), latest edition. The sight distance shall provide clear visibility of an object four feet above the intersected street viewed from the centerline of the driveway at the right-of-way line of the intersected street, at a height of 3.5 feet above the ground.
5.Separation and Spacing. For Separation and Spacing refer to Georgia Department of Transportation’s
(GDOT)Regulations for Driveway and Encroachment Control document.
Division II. Project Construction Standards
§ 910
Specifications
Unless otherwise specifically set forth herein, all of the materials, methods of construction, and workmanship for the work covered in reference to street construction shall conform to the latest specifications of the Georgia Department of Transportation (Georgia DOT).
910.01. Subgrade Preparation for All Streets
1.Subgrade preparation shall be in accordance with Georgia DOT specifications and this Article, whichever is more stringent.
2.If any sections of the subgrade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized with stone or a geotextile or geogrid.
3.Fill shall be placed in uniform, horizontal layers not more than 8-inch thick (loose measurement).
Moisture content shall be adjusted as necessary to compact material to 95% of maximum dry density except for the top 12 inches which shall be compacted to 100% of maximum dry density. Engineering reports documenting moisture content shall be submitted to the City before moving forward.
4.After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the subgrade shall be brought to the lines, grades, and typical roadway section shown on the plans.
Engineering reports documenting proof of said work shall be submitted to the City before moving forward.
5.Utility trenches cut in the subgrade shall be backfilled as specified herein. Compaction tests at the rate of one per 150 feet of trench shall be provided to verify compaction. City approval shall be required.
6.The subgrade must pass roll testing prior to placement of the base material. With the approval of the Planning Department, a geotextile or geogrid may be used to stabilize a subgrade that does not pass proofrolling.
7.When the street is to be used for construction traffic before the paving work is completed, a layer of stone (except crusher run) shall be laid as a traffic surface. This material shall not be used as a part of the base material. It may be worked into the subgrade, or it shall be removed before the base course is set up for paving
8.Provisions shall be made to drain low points in the road construction when the final paving is delayed. A break in the berm section is required when the curbing has not been constructed. After installation, drainage under the curb to side slopes is required, using minimum 4-inch diameter pipe sections.
§ 911
Project Access Improvement Standards
1.For sections wider than 4 feet, the widening section shall comply with GDOT’s construction standards for new streets, in accordance with the street's category as shown on the Comprehensive Plan or the Planning and Development Department web page. The base course must pass roll testing prior to paving.
If a delay in paving is reasonably expected by the Developer or the Planning and Development Department, the base shall be primed with 0.25 gallon of R.C. 70 per square yard and cured for 7 days before paving.
2.For sections less than 4 feet wide, 7 inches of Class "A" concrete base (5 inches on local and minor collector streets) and 1½ inches of "E" or "F" (12.5 mm or 9.5 mm) topping shall be required.
§ 912
New Local and Minor Collector Streets
912.01. Local and Minor Collector Streets within a Residential Subdivision
1.Asphalt Streets: The following types of base materials may be used:
a.Crushed Stone Base
i.The base course shall consist of at least 8 inches of compacted and graded aggregate base. After being thoroughly compacted and brought to proper section 2 inches of 19 mm Superpave binder course shall be applied.
ii.If a delay in paving is reasonably expected by the Developer or the Department, the base shall be primed with 0.25 gallon of R.C. 70 per square yard the same day it is compacted and cured for 7 days prior to paving.
iii.The final 1.5 inch of 9.5 mm Superpave surface course shall be applied after 90% of the houses on the street have been built, or prior to the end of the maintenance period (but after the 11th month), whichever occurs first. Prior to applying surface course, a tack coat shall be applied to the binder course at a rate of no less than 0.05 gallons per square yard.
iv.Type of tack shall be approved by the Planning and Development Department prior to placement.
b.Soil Cement Base.
i.The design must come from a geo-technical firm with the results certified by a Professional Engineer registered in the State of Georgia. The tests required for the design are ASTM D558 or AASHTO T134 or ASTM D559 and/or 560 or AASHTO T135 and 136.
2.Concrete Streets: Shall be designed by a geotechnician
912.02. Local Residential-Rural Streets
Where allowed (in subdivisions zoned RA-200 and upgrading off-site substandard streets), Local Residential-Rural Streets do not require curb and gutter. The road base shall be extended 1 foot beyond the edge of pavement, and the shoulders shall extend 8 feet from the edge of pavement to the standard ditch section on each side (see GDOT Standards). Otherwise, the roadway shall comply with the standards for new residential subdivision streets, above.
912.03. Nonresidential Subdivision or Development Streets
The following types of base materials may be used:
1.Asphalt Streets:
a.Crushed Stone Base
i.The base course shall consist of at least 8 inches of compacted and graded aggregate base. After being thoroughly compacted and brought to proper section, 4 inches of 19 mm Superpave binder course shall be applied. Industrial uses may require a thicker GAB layer as directed by the City.
ii.If a delay in paving is reasonably expected by the Developer or the Department, the base shall be primed with 0.25 gallon of R.C. 70 per square yard the same day it is compacted and cured for 7 days prior to paving.
iii.The final 2 inches of 9.5 mm Superpave surface course shall be applied after 90% of the buildings on the street have been built, or prior to the end of the maintenance period (but after the 11th month), whichever occurs first.
iv.Prior to applying surface course, a tack coat shall be applied to the binder course at a rate of no less than 0.05 gallons per square yard. Type of tack shall be approved by the Planning and Development Department prior to placement.
b.Soil Cement Base.
i.If the base material (residential soil) is unsatisfactory to the Planning and Development Department then a soil cement mix design with engineering test results acceptable to the Department. The design must come from a geo-technical firm with the results certified by a Professional Engineer registered in the State of Georgia. The tests required for the design are ASTM D558 or AASHTO T134 or ASTM D559 and/or 560 or AASHTO T135 and 136.
ii.The minimum base course shall consist of at least 8 inches of suitable soil (high mica content not suitable) stabilized with 10% of Portland Cement by volume (approximately 42.3 pounds per sq. yd.).
2.Concrete Streets: Shall be designed by a geotechnician
§ 913
New Major Thoroughfares
Major thoroughfares abutting residential or non-residential development projects shall be constructed in accordance with current AASHTO standards
913.01. Curb and Gutter
All new streets and Project Access Improvements shall be provided with curb and gutter except in subdivisions zoned R-100, and subdivisions zoned RA-200, where swale ditches may be provided in lieu of curb and gutter at the city’s discretion. All gutters shall drain smoothly with no areas of ponding.
1.Residential Curbing. Residential curbing shall meet the following requirements:
a.Concrete shall be Class "A" (as defined by Georgia D.O.T.) and have a minimum strength of 3,000 PSI at 28 days.
b.Typical minimum section shall be 6” x 24” x 12”.
2.Industrial or Commercial Curbing. Industrial or commercial curbing shall meet the following requirements:
a.Concrete shall be Class "A" (as defined by Georgia D.O.T.) and have a minimum strength of 3,000 PSI at 28 days.
b.Typical minimum section shall be 8" X 24" X 14".
3.Principal and Major Arterials Curbing.
a.Concrete shall be Class "A" (as defined by Georgia D.O.T.) and have a minimum strength of 3,000 PSI at 28 days.
b.Typical minimum section shall be 8" X 30" X 14.
913.02. Construction Methods
1.Curb and gutter shall be set true to line and grade, horizontal be field staked, and finished to the section shown on the plans. Along the Project Access Improvements of a road for which the Department of Transportation or the Department of Public Works resurfacing has been scheduled within 1 year of the new construction, the grade of the new gutter shall be placed 1 inch above the Project Access Improvement pavement grade in areas where drainage will not be adversely affected.
2.Line and grade shall be set by developer's engineer or surveyor on grades less than 2% and greater than 12%, and within 100 feet in both directions from all low points.
3.One-half inch expansion joints or pre-molded bituminous expansion joint material shall be provided at all structures and radius points and at intervals not to exceed 250 feet in the remaining sections of the curb and gutter.
4.Inferior workmanship or unprofessional construction methods resulting in unacceptable curb and gutter will be cause for rejection of the finished work.
5.Disturbed areas along all curbing shall be backfilled, stabilized, and grassed.
913.03. Underground Utilities
1.All water and sanitary sewer utilities and storm drain facilities within the curbs shall be installed and the ditches backfilled and thoroughly compacted before any pavement or base is installed.
2.Once the base has been placed, all further installation of utilities under the roadway shall be bored or otherwise comply with Section 916, Street Cuts.
3.All utility manholes and valve boxes shall be brought flush to the finished grade within the roadway section.
4.Refer to GDOT standard details for placement of utilities.
§ 914
Sidewalks
914.01. Construction Standards
1.Sidewalks shall be concrete and a minimum of 5 feet wide and 4 inches thick on local streets and a minimum of 6 feet wide and 4 inches thick on minor collector or major thoroughfares, unless otherwise directed by the City.
2.Concrete shall be Class “B” (as defined by Georgia DOT) and have a minimum strength of 2,200 psi at 28 days.
3.Sidewalks located in the public right-of-way shall be constructed in compliance with Georgia DOT design standard Special detail A-3. The width of said sidewalk may be dictated by the City based on the City’s current sidewalk plan and may not match GDOT’s 5’ width shown in the detail.
4.Curb ramps shall be provided at all curb termini and shall meet current GDOT standards
5.Expansion joints shall be provided where sidewalk ties into a structure, terminates at curb, ramps, driveways, and at 60 foot intervals. Control joints shall be provided every 10 feet.
6.Disturbed areas resulting from sidewalk construction shall be backfilled, stabilized and grassed.
7.Cross Slope. Sidewalks shall be constructed with a cross slope of ½ inch per foot. Sidewalks shall maintain this cross slope at driveway crossings or transition the sidewalk to a driveway with ramps and detectable warnings.
8.Final Stabilization. Disturbed areas resulting from sidewalk construction shall be backfilled, stabilized and grassed or landscaped.
9.Georgia DOT Controlled Roads. Sidewalks located in the right-of-way of roads under the jurisdiction of the Georgia DOT shall be constructed in accordance with Georgia DOT design and construction standards.
914.02. Installation Deadlines
Sidewalks shall be installed prior to approval of a Final Plat or issuance of a Certificate of Occupancy (C.O.) in accordance with this Section unless a Performance Bond is posted. The cost of a sidewalk installation may be set aside in escrow only when proposed road improvements may impact the location of the sidewalk.
1.Sidewalks required on residential building lots shall be installed prior to issuance of a C.O. for each individual dwelling.
2.Sidewalks required on common or recreation areas shall be installed prior to issuance of a C.O. or Certificate of Completion, as appropriate.
3.Sidewalks required on other projects shall be installed prior to issuance of a C.O. or Certificate of Completion, as appropriate.
914.03. Sidewalk Curb and Ramp Design and Construction Standards
Refer to current GDOT standards for sidewalk, curb, and ramp design
914.04. Damage Repair
Damage to sidewalks and ramps caused by construction or development activity shall be repaired at no cost to the City within 30 days or prior to issuance of a Certificate of Occupancy, whichever is earlier. Repairs shall be made joint to joint. Patching is not permitted.
§ 915
Utilities and Easements
915.01. Placement of Utilities
1.All authorized public underground utilities shall be located within the right-of-way of a public street or within an easement designated for such use. Utility owners are required to apply for a right-of-way registration permit with the City prior to working within the right-of-way unless a prior legally binding agreement is otherwise in place. See 915.05.
2.No other underground utilities, such as private lawn sprinkler systems, yard lighting, etc., shall be installed within a public right-of-way or easement except by authorization of the Department. Such authorization, if issued, shall require the applicant to assume all repair costs of the applicant's facilities should they be damaged during the course of installation, maintenance or repair of any of the public utilities authorized to occupy said right-of-way or easement.
915.02. Water System and Fire Hydrants
1.The developer shall install or have installed a system of water mains connected to a public water supply system in accordance with the requirements of the authority having jurisdiction.
2.All water mains, fire hydrants and appurtenances shall be designed in accordance with the policies, standards, plans and specifications of the Gwinnett County Fire Prevention Ordinance and the water system having jurisdiction. Where jurisdiction resides with the Gwinnett County Water System, the public water mains and appurtenances shall be approved by the County Water System upon submittal of the Development Plans for the project.
3.Within the Gwinnett County Water System jurisdiction, water mains and appurtenances shall be installed after installation of the curbs and gutters and before paving, or after staking of the curb line and submission to the Water System of an as-graded survey of the street profile accompanied by a certification executed by the owner as required by the Water System that the subgrade will not change.
Water mains shall be relocated as necessary to meet Water System regulations prior to Approval of Development Conformance, if improperly located to final curb line or grade.
915.03. Sanitary Sewer Disposal
1.Connection to an approved sewage disposal system shall be made, which may require the construction of an on-site system or the extension of public sanitary sewerage and associated appurtenances, as required under the Department of Water Resources Regulations of Gwinnett County or as required by the Gwinnett County Health Department.
2.No septic tanks or other individual on-site sewage disposal system shall be allowed if public sewer is available. All structures shall connect to public sewer, when such sewer is available, in accordance with the Sewer Regulations of Gwinnett County. Sewer availability shall be determined by the Gwinnett County Department of Water Resources.
3.Communal on-site sewage disposals are prohibited. Privately financed wastewater disposal plants, septic tanks, or other sewage treatment system, serving more than one residence or more than one property, are prohibited. If a property does not use an individual on-site sewage disposal system, it must be connected to a sewer leading to the publicly owned treatment works.
4.Lots with septic tanks and tile drain-field sewerage disposal systems shall contain the contiguous area outside of the 100-year floodplain as required by the Gwinnett County Health Department.
5.The Gwinnett County Health Department may require notation that certain lots must meet additional requirements prior to issuance of a building permit or otherwise limit development relative to Health Department regulations.
a.Such lots may include lots upon which adequate depth to water table must be demonstrated during the appropriate season of the year, adequate percolation tests must be performed, limitations upon the number of bedrooms in a dwelling, etc.
b.No lot shall be included on a Final Plat which the Health Department is not confident will meet all Health Department regulations at a reasonable cost or within a reasonable period of time, except lots proposed to be served by sanitary sewer in subdivision where "dry" sewer has been installed. Such lots shall be noted - "Approval by Department of Water Resources for connection to sanitary sewer required prior to issuance of a building permit."
915.04. Easements
1.Temporary construction easements and permanent easements for public utilities, drainage or other public facilities shall be dedicated to the City of Duluth or Gwinnett County, as applicable, in accordance with City Requirements. All easements shall be stabilized in accordance with the Manual for Erosion and Sediment Control in Georgia (current edition).
2.Drainage easements are required for any part of the drainage system which is designed to carry storm water runoff from or between more than one parcel, existing or proposed.
a.Drainage easements for improved ditches, pipe construction, and detention facilities shall be cleared, opened, and stabilized at the time of development to control surface water run-off (See also the Erosion Control and Stormwater Management Article of this Development Code).
b.Runoff slope and side slopes shall be specified by the Developer's Engineer, according to best engineering practice.
c.Drainage easements for storm drainpipes that carry water shall be provided according to the minimum requirements specified in Table 9-B below, and shall conform to City Standards, and be centered over the conveyance system.
d.The minimum easement width shall be based on the pipe diameter (span) plus 2 feet, plus two times the pipe invert depth, but shall not be less than 20 feet. This value shall be rounded up to the nearest 5 feet. For pipes exceeding 16 feet in depth, a pre-conference should be held with the City to determine what additional requirements may be required.
e.Drainage easements shall be provided where a development is traversed by or contains a water course, impoundment, detention facility, improved channel, floodplain, natural stream or channel. It shall conform substantially to the flooding limits of the 100-year storm based on fully developed conditions per the Land Use Plan but shall be no less than 20 feet in width.
f.Drainage easements off the street right-of-way shall be clearly defined on the Final Plat. The property owner will be required to keep the easement free of obstruction in such a way as to assure the maximum designed flow at all times. The property owner shall not alter any drainage improvements without the prior written approval from the City. No structure shall be constructed or erected in an easement without the prior written approval from the City.
Driveways shall cross an easement as close to perpendicular as practical. Property owners may plant landscaping (turf grass, ornamental grass, shrubbery under two feet in height at maximum growth) in an easement that is piped; however, the City is not responsible for replacing the landscape material located in the easement when it is removed to maintain the drainage system.
No trees shall be planted in a drainage easement.
Table 9-B: Maximum Pipe Invert Depth Table 9-B: Maximum Pipe Invert Depth (feet)
Pipe Diameter (inches) Maximum Pipe Invert Depth (feet)
Table or figure — shown as printedverify at source ↗
4 5 6 7 8 9 10 11 12 13 14 15 16 15 20 20 20 20 20 25 25 30 30 30 35 35 40 18 20 20 20 20 20 25 25 30 30 30 35 35 40 24 20 20 20 20 20 25 25 30 30 30 35 35 40 30 20 20 20 20 25 25 25 30 30 35 35 35 40 36 20 20 20 20 25 25 25 30 30 35 35 35 40 42 NA 20 20 20 25 25 30 30 30 35 35 40 40 48 NA 20 20 20 25 25 30 30 30 35 35 40 40 54 NA NA 20 25 25 25 30 30 35 35 35 40 40 60 NA NA 20 25 25 25 30 30 35 35 35 40 40 66 NA NA NA 25 25 30 30 30 35 35 40 40 40 72 NA NA NA 25 25 30 30 30 35 35 40 40 40
3.Permanent sanitary sewer easements shall be no less than 20 feet in width when no other parallel utilities are located therein. When warranted, temporary construction easement widths shall be determined by the Gwinnett County Department of Water Resources
4.A common easement for sanitary sewer and drainage purposes may be allowed if the pipes are parallel and at least 10 feet are provided between pipes (on center). The easement width shall be equal to the width shown in Table 9-B plus the width distance separating the pipes (minimum of 10 feet).
5.All drainage, sewer, access or other easements which were required to be cleared shall be fine graded and grassed within 10 days of completing construction work. The use of sediment control measures may be required to protect the area until a comprehensive vegetative cover is obtained.
915.05. Right-of-Way Protection
1.Rights-of-way Occupancy Registration.
a.Each utility who occupies, uses or has facilities in the rights-of-way at the time of passage of the ordinance from which this Section is derived, including by lease, sublease or assignment, to operate facilities located in the rights-of-way, unless specifically exempted by state, federal law or this Code, shall file a registration statement with the department within 90 days of the effective date of the ordinance from which this Section is derived.
b.Following the effective date of the ordinance from which this Section is derived, each utility who seeks to have facilities located in any rights-of-way under the control of city, unless specifically exempted by state, federal law or this Code, shall file a notification of construction with the department prior to construction or installation
2.Registration Procedure. The registration information provided to the city shall be on a form approved by the city and is located on the city’s web page:
a.All information requested on the form must be included in order for the request to be reviewed.
Installation/Construction shall not commence until a registration permit is approved.
b.The permit is good for six months. A reasonable extension may be granted by the Director if a hardship is encountered.
3.Issuance of Written Acceptance of Registration.
a.If a registration is incomplete, the Planning and Development Director shall notify the registrant and shall provide a reasonable period of time in which to complete the registration. If a registration is complete, the Planning and Development Director shall so notify the utility in writing.
b.Acceptance of the registration shall not convey title in the rights-of-way. Acceptance of the registration is only the nonexclusive, limited right to occupy rights-of-way in the city for the limited purposes stated in the acceptance. Acceptance of the registration does not excuse a utility from obtaining the permits required by city ordinances nor from obtaining appropriate access or pole attachment agreements before using the facilities of others, including the city.
Acceptance of the registration does not excuse a utility from notifying the city of construction as required herein.
4.Facilities in Place without Registration. Beginning one year after the effective date of the ordinance from which this Code Section is derived, any facilities or part of a facility found in a right-of-way for which registration is required but has not been obtained unless specifically exempted by law, and for which no valid service agreement exists with the city, may be deemed to be a nuisance and an unauthorized use of the rights-of-way. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to abating the nuisance; taking possession of the facilities; evicting the utility from the right-of-way; prosecuting the violator; and/or any other remedy provided by city ordinance or otherwise allowed in law or in equity.
5.Notification to City of Construction is Required. Written notification to the Planning and Development Director from the utility is required prior to any of the following activities:
a.Before any utility does any work to construct, install, maintain, remove or relocate facilities on, along, over or under the right-of-way in the city; or
b.Construction adjacent to the rights-of-way in the city that requires tree trimming within the rights-of-way.
c.This process is by way of the right-of-way registration permit and must be applied for each time a utility owner takes any action listed in item 5(a) above.
6.Locate Requests Required. As provided in O.C.G.A § 25-9-6 (the Georgia Utility Facility Protection Act) and other applicable state law currently in place or as amended. No utility shall commence, perform, or engage in blasting or in excavating with mechanized excavating facilities unless and until the utility planning the blasting or excavating has given forty-eight (48) hours’ notice by submitting a locate request to the utility protection center, beginning the next business day after such notice is provided, excluding hours during days other than business days.
7.Conditions of Street Occupancy. Failure to comply with the terms and conditions set forth in this Article may result in revocation of registration and removal of facilities from the rights-of-way.
a.The 1988 Utility Accommodation Policy and Standards manual, including all references contained therein to codes, rules, regulations, schedules, forms and appendix items, except Appendix B (Permit Forms and supporting Documents), promulgated by the State of Georgia Department of Transportation, as may be amended from time to time is hereby adopted by reference and incorporated in the Article as if fully set forth herein, subject to the amendments and modification contained in this Code Section. A copy of the manual shall be maintained at the offices of the Planning and Development Director or his designee and open for public inspection.
Any conflicts between the provisions of this Code Section and the manual shall be resolved in favor of the manual. References to state personnel, agencies, and fees shall be interpreted, where required, as meaning the City of Duluth municipal equivalents
b.Protection of traffic and roadway. In conformance with city policy, no utility may occupy the city rights-of-way unless sufficient space is available so that the free flow and safety of traffic and other capacity considerations are not unduly impaired and the installation does not prevent the department from reasonably maintaining the streets, structures, traffic control devices and other appurtenant facilities, and further provided that maintenance and operations of the facilities do not jeopardize the traffic, street structure, other users of the right-of-way, or the right-of-way itself.
c.Grading. If the grades or lines of any street within the city right-of-way are changed at any time during the term of the permit and this change involves an area in which the utility's facilities are located, then the utility shall, at its own cost and expense and upon the request of the city upon at least ten (10) business days’ notice, protect or promptly alter or relocate the facilities, or any part thereof, so as to conform with such new grades or lines. In the event the utility refuses or neglects to so protect, alter, or relocate all or part of the facilities, the city shall have the right to break through, remove, alter, or relocate all or any part of the facilities without any liability to the utility and the utility shall pay to the city the costs incurred in connection with such breaking through, removal, alteration, or relocation.
d.Installation of poles and other wire holding structures and relocation. Unless otherwise provided in a valid service agreement, no placement of any pole or wire holding structure of the utility is to be considered a vested interest in the right-of-way, and such poles or structures are to be removed, relocated underground, or modified by the utility at its own expense whenever the city determines that the public convenience would be enhanced thereby. The facilities shall be so located and installed as to cause minimum interference with the rights and convenience of property owners.
8.Restoration of Property. A utility shall be liable, at its own cost and expense, to replace or repair, any street, facilities or property or structure thereon, thereunder or thereover or adjacent thereto that may become disturbed or damaged as a result of the construction or installation, operation, upgrade, repair or removal of facilities to a condition as good as or better than its condition before the work performed by the [event] that caused such disturbance or damage. If utility does not commence such replacement or repair after 20 working days following written notice from the city, the city or the owner of the affected structure or property may make such replacement or repair and the utility shall pay the reasonable and actual cost of the same.
9.Discontinuance of Operations, Abandoned and Unused Facilities.
a.A utility who has discontinued or is discontinuing operation of any facilities in the city shall:
i.Provide information satisfactory to the city that the utility's obligations for its facilities in the rights-of-way under this Code Section and any other provision in the codified ordinances or other laws have been lawfully assumed by another utility;
ii.Submit a written proposal to re-use its facilities;
iii.Submit a written proposal for abandonment of facilities. Said proposal must be approved by the Planning and Development Director;
iv.Remove its entire facilities within a reasonable amount of time and in a manner acceptable to the city; or
v.Submit to the city, in good faith and within a reasonable amount of time, a proposal for transferring ownership of its facilities to the city. If a utility proceeds under this clause, the city may, at its option do one (1) or more of the following:
1.Purchase the facilities;
2.Accept donation of some or all facilities; or
3.Require the utility to post a bond in an amount sufficient to reimburse the city for its reasonably anticipated costs to be incurred in removing the facilities.
b.Facilities of a utility who fails to comply with the above provision shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to abating the nuisance;
taking possession of the facilities, evicting the utility from the right-of-way; prosecuting the violator; and/or any other remedy provided by city ordinance or otherwise at law or in equity.
10.Termination of Registration.
a.The registration statement shall remain in place for one year and renew each subsequent year automatically unless the utility is in default. The Planning and Development Director shall give written notice of default to a utility if it is determined that a utility has:
i.Violated any provision or requirement of the issuance or acceptance of a registration application or any law of the city, state, or federal government;
ii.Attempted to evade any provision or requirement of this Code Section;
iii.Practiced any fraud or deceit upon city; or
iv.Made a material misrepresentation of fact in its application for registration.
b.If a utility fails to cure a default within 20 working days after such notice is provided to the utility by the city, then such default shall be a material breach and city may exercise any remedies or rights it has at law or in equity to terminate the approval of registration. If the Planning and Development Director determines there is cause or reason to terminate, the following procedure shall be followed:
i.City shall serve a utility with a written notice of the reason or cause for proposed termination and shall allow a utility a minimum of 15 calendar days to cure its breach.
ii.If the utility fails to cure within 15 calendar days, the city may declare the registration terminated.
11.Unauthorized Use of Public Rights-of-Way.
a.No utility shall use the rights-of-way to operate any facilities that have not been authorized by the city in accordance with the terms of this Code Section.
b.No utility shall place or have placed any facilities in, on, above, within, over, below, under, or through the rights-of-way, unless allowed under this Code Section.
c.Each and every unauthorized use shall be deemed to be a violation and a distinct and separate offense. Each and every day any violation of this Code Section continues shall constitute a distinct and separate offense.
d.No utility shall fail to comply with the provisions of this Code Section. Each and every failure to comply shall be deemed a distinct and separate offense. Each and every day any violation of this Code Section continues shall constitute a distinct and separate offense.
12.Other Provisions.
a.Reservation of Regulatory and Police Powers. The city by issuing a written approval of registration under this Code Section, does not surrender or to any extent lose, waive, impair, or lessen the lawful powers and rights, which it has now or which may be hereafter vested in the city under the Constitution and Laws of the United States, State of Georgia, and under the provisions of the city's codified ordinances to regulate the use of the rights-of-way. The utility by applying for and being issued a written approval of registration, is deemed to acknowledge that all lawful powers and rights, regulatory power, or police power, or otherwise as are or the same may be from time to time vested in or reserved to the city, shall be in full force and effect and subject to the exercise thereof by the city at any time. A utility is deemed to acknowledge that its rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general laws enacted by the city pursuant to such powers. All utilities shall comply with city zoning and other land use requirements pertaining to the placement and specifications of facilities.
b.Compliance. No utility shall be relieved of its obligation to comply with any of the provisions of this Code Section by reason of any failure of city to enforce prompt compliance.
c.Appeals. See the Appeals Article of this Development Code.
§ 916
Street Cuts
1.All utility construction plans within City right-of-way shall be reviewed and approved by the Department before construction begins. Street cuts shall not be allowed unless deemed absolutely necessary due to the presence of rock, the need to tap into an existing line beneath the road surface, or other circumstance which makes boring impossible or infeasible.
2.No City maintained street shall be cut, bored or demolished in any way until a Land Disturbance Permit FOR STREET CUT ONLY is approved by the Planning and Development Department.
a.The prerequisites for issuing a Land Disturbance Permit as described in the Procedures and Permits Article of this Development Code shall be eliminated unless land disturbance outside the public right-of-way is necessary.
b.A Maintenance Bond shall be submitted to the Department prior to issuance of a Land Disturbance Permit and prior to commencement of work.
c.Maintenance Bond amounts are as follows:
i.Right-of-Way of street up to 80 feet $500.00
ii.Right-of-Way of street 81 feet or more $1,000.00.
The Maintenance Bond shall be held for a period of six months from the completion date of the project. The Duluth Department of Public Works shall inspect the street cut prior to releasing the Maintenance Bond. Said street cut shall not be accepted by the City until the Maintenance Bond is released in writing.
3.If approved, all trenches shall be backfilled and compacted the same day the trench is opened.
a.Trenches under the paving shall be returned to 95% compaction.
b.Trenches elsewhere shall be returned to 90% compaction.
c.See Section 910.01 for trench compaction and test requirements.
d.All trenches under paving shall be concreted with 8" of Class "A" concrete base and 1½ inch of type 9.5 mm superpave surface course
i.The paving cut shall be widened to a minimum of 9" beyond the edges of the trench.
ii.The edges of the paving cut shall be smooth.
4.All such work shall be coordinated through the Department of Planning and Development, Department of Public Works prior to construction if pavement to be cut on County or State roads, Gwinnett County or Georgia DOT, respectively must approve the work in advance. Contact the Duluth Police Department and the Director of Planning and Development at least 48 hours in advance of closure of traffic lanes.