Chapter 300 — Land Development

Sec. 301.2. Declaration of policy.

O.C.G.A. § 12-5-27.1 makes it unlawful to sell at retail or use in this state certain cleaning agents containing phosphorus. It is hereby declared to be the public policy of the City of Fayetteville to encourage the use of clean, phosphate free, household laundry detergents and to prohibit the sale at retail or use of any cleaning agent containing phosphorus either in amounts exceeding five percent by weight which is incidental to manufacturing or 8.7 percent weight intended for use in a commercial household dishwashing machine. The City of Fayetteville finds that such use and sale will be a cost-effective way to reduce the amount of phosphorus in wastewater discharge so as to protect Georgia's rivers and lakes downstream and promote health, safety and welfare, prevent injury to human health, plant and animal life and property. It is vital to the health, well-being and welfare of present and future inhabitants of the City of Fayetteville that these sources be protected against contamination and pollution.

Sec. 301.3. Exclusions.

Sec. 301.4. Penalties for violation.

Any person who violates any provision of this article shall be subject to a fine not to exceed $1,000.00. Each sales transaction shall constitute a separate offense.

Sec. 301.5. Additional remedies.

Nothing in this article shall be construed to abridge, limit, or otherwise impair the right of any person to damages or other relief on account of injuries to persons or property arising out of a violation of this article and to maintain any action or other appropriate proceeding therefor.

Sec. 301.6. Restrictions on sale and use.

On or after the effective date hereof, it shall be unlawful for any person to sell at the retail level or use any cleaning agent containing phosphorus greater than five percent by weight which is incidental to manufacturing or greater than 8.7 percent by weight and which is intended for use in a commercial or household dishwashing machine.

ARTICLE 2. WATERSHED MANAGEMENT.

DIVISION 1. GENERAL PROVISIONS.

Sec. 302.1. Purpose.

Watershed is an “overlay district,” which applies additional standards to specific areas which may lie within any of the districts referred to in this article. In each zoning district located within the boundaries of the watershed district, both the regulations of that district and the regulations of this article apply. If required development standards are specified for the same item in both the zoning district and this article, the more stringent governs.

The purpose of this watershed district is to protect watersheds which are vital to area public water supplies and have a unique environmental importance to the city. This district is intended to maintain a high quality of the surface water (rivers, creeks, streams, tributaries, lakes, reservoirs, and springs) and underground water.

The watershed district is intended to provide for certain permitted uses, and to protect the area from the polluting effects of more intense development and from encroachments of those uses that are not compatible with a protected watershed.

Sec. 302.2. Features which make land suitable for inclusion within the watershed district.

Areas that lie within watersheds which are vital to area public water supplies and have a unique environmental importance to the city are included within this watershed overlay district.

Sec. 302.3. Coverage.

Standards established in the Metropolitan Rivers Protection Act and the Erosion and Sedimentation Act are not superseded by these criteria. The watershed district applies additional standards to specific areas which may lie within any zoning district. If required development standards or ordinances are specified for the same item in both the zoning district and watershed district, the more stringent standard or ordinance governs.

All construction shall comply with the soil erosion and sediment control provisions of this article.

Sec. 302.4. Development standards.

Sec. 302.5. Enforcement.

Citations for violation of this article may be issued by the UDO Administrator. The citation shall be returnable to and tried before the municipal court. Any person, firm or corporation found guilty violating this article shall, upon conviction, be fined up to $1,000 each day such violation remains unresolved to the satisfaction of the city shall be deemed a separate offense.

Sec. 302.6. Reserved.

DIVISION 2. DEFINITIONS.

Sec. 302.7. Definitions.

Refer to Appendix A – Definitions.

Sec. 302.8. - 11. Reserved.

DIVISION 3. EXEMPTIONS.

Sec. 302.12. Exemptions.

The following are exempted from the requirements of this section:

Sec. 302.13. - 16. Reserved.

DIVISION 4. WATERSHED DISTRICTS.

Sec. 302.17. Pye Lake Watershed District.

In order to ensure that future developments do not increase stormwater runoff in Southern Tributary of Pye Lake, the city hereby adopts the following design requirements for this special watershed district, more particularly described in the map attached as Exhibit “A” to Ordinance No. 0-1-14 (image below) and hereinafter called “the watershed”:

The following will be required to be submitted to the city for review as part of the pre-design phase of any proposed development within the watershed:

A stormwater management plan in accordance with the city’s Design Review Guidebook is required to be submitted for review as part of the design phase of any proposed development within the watershed.

The construction of the development will be in accordance with the approved pre-design and design phase guidelines.

All requirements as outlined in the post-development stormwater management ordinance apply to development projects within the watershed.

All requirements as outlined in the post-development stormwater management apply to development projects within the watershed.

Given that the city has identified the potential for significant increases in stormwater runoff with the watershed, the city shall require that all developments provide flood protection from increases in the one -year, two-year, five-year, ten-year, 25-year, 50-year, and 100-year 24-hour storm events. Discharges must be analyzed at a minimum at the following analysis points:

For the purposes of analysis, no increases in discharges at these points from any storm event outlined above will be permitted under this policy. Additionally, the discharges from the proposed development onto neighboring properties immediately adjacent to the proposed development must be reduced to 80 percent of the predevelopment discharge rate. However, this requirement (i.e. 80 percent of predevelopment discharge rates) shall not require a discharge limit less than that of a fully wooded site condition.

This section shall only apply to those lands that drain to the Southern Tributary of Pye Lake from the headwaters to the point at which it discharges to Pye Lake (near 350 Sharon Drive), more particularly described in the map attached to Ordinance No. 0-1-14 as Exhibit “A”. This section shall not apply to those properties within the watershed that would not normally be required to develop stormwater management measures as outlined in the city’s Development Review Guidebook.

The purpose of this section is to supplement the post-construction stormwater management ordinance and associated stormwater local design manual. Where a conflict arises between this section and the post-construction stormwater management ordinance and the stormwater local design manual, the stricter standard shall apply.

Sec. 302.18. - 21. Reserved.

DIVISION 1. GENERAL PROVISIONS.

Sec. 303.1. Title.

This article will be known as “The City of Fayetteville, Georgia’s Soil Erosion, Sedimentation and Pollution Control Ordinance.”

Sec. 303.2. Purpose.

The real potential exists for excessive quantities of soil to erode from areas that are undergoing land disturbance such as housing developments, industrial sites, and roads. The resulting sediment could clog storm sewers and road ditches, add mud to streams and silt lakes, rivers, and reservoirs. Excessive sediment limits the use of water for most beneficial purposes. Sediment choked streams are unsightly and their reduced channel capacity can result in flooding and associated damages, including the threat to the public health and safety. Therefore, it is the purpose of this article to effectively contain soil erosion and sedimentation on the parcels where land is being disturbed by requiring provisions for water disposal and the protection of soil surfaces prior to, during, and after the land disturbance in order to promote the safety, public health, convenience, and general welfare of the citizens of city.

DIVISION 2. DEFINITIONS.

Sec. 303.3. Definitions.

Refer to Appendix A – Definitions.

Sec. 303.4. Rules applying to text.

For the purpose of this article certain rules of construction apply to the text as follows:

Sec. 303.5. Liability.

Sec. 303.6. Conflicting regulations.

All regulations or parts of regulations of this UDO in conflict with this article shall be and the same are hereby repealed in their portions so in conflict; provided, however, that it is not the intent of this article to repeal or affect any law of the state, or any code or ordinance of the city adopted as a requirement of state law, in which case the most restrictive shall control.

Sec. 303.7. Validity.

If any section, paragraph, clause, phrase, or provision of this article shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this article.

Sec. 303.8. - 11. Reserved.

DIVISION 3. EXEMPTIONS.

Sec. 303.12. Exempt land disturbance activities.

This article shall apply to any land disturbance activity undertaken by any person on any land except for the following:

In any such buffer zone, no land disturbance activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the UDO Administrator may grant variances to no less than 25 feet.

Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection

producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds;

Sec. 303.13. - 16. Reserved.

Sec. 303.17. General provisions.

Excessive soil erosion and resulting sedimentation can take place during land disturbance activities if requirements of this article and the NPDES General Permit are not met. Therefore, plans for those land disturbance activities which are not exempted by this article shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of Sections 303.18. and 303.19. of this article. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land disturbance activity in accordance with requirements of this article and the NPDES General Permit.

Sec. 303.18. Minimum requirements/Best Management Practices (BMP’s).

Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the UDO Administrator or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of O.C.G.A. § 12-5-30, the “Georgia Water Quality Control Act”. As used in this subsection the terms “proper design” and “properly designed” mean designed in accordance with the hydraulic design specifications contained in the “Manual for Erosion and Sediment Control in Georgia” specified in O.C.G.A. § 12-7-6 subsection (b).

§ 12-7-6 (c).

Sec. 303.19. Additional minimum requirements.

The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. 12-7-1 et. seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following:

provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

For the purposes of this paragraph maintenance shall be defined as actions necessary or appropriate for retaining or restoring a currently serviceable improvement to the specified operable condition to achieve its maximum useful life. Maintenance includes emergency reconstruction of recently damaged parts of a currently serviceable structure so long as it occurs within a reasonable period of time after damage occurs. Maintenance does not include any modification that changes the character, scope or size of the original design and serviceable shall be defined as usable in its current state or with minor maintenance but not so degraded as to essentially require reconstruction.

Sec. 303.20. Proof or presumption of violation by injury.

The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit.

Sec. 303.21. - 24. Reserved.

DIVISION 5. PERMIT APPLICATION AND PLAN REQUIREMENTS.

Sec. 303.25. General.

The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The Local Issuing Authority shall review the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the Local Issuing Authority. However, the owner and/or operator are the only parties who may obtain a permit.

Sec. 303.26. Permit requirements.

No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the city without first obtaining a permit from the city to perform such activity and providing a copy of Notice of Intent submitted to EPD if applicable.

The application for a permit shall be submitted to the UDO Administrator and must include the applicant’s erosion, sedimentation and pollution control plan with supporting data, as necessary.

Said plans shall include, as a minimum, the data specified in Section 303.18 and 303.19. of this article.

Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of Section 303.18 and 303.19. of this article will be met. Applications for a permit will not be accepted unless accompanied by four copies of the applicant’s erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-10.

Immediately upon receipt of an application and plan for a permit, the city shall refer the application and plan to the District for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of the District to act within 35 days shall be considered an approval of the pending plan. The results of the District review shall be forwarded to the city. No permit will be issued unless the plan has been approved by the District, and any variances as required by Sections 303.19.15. and 303.19.16. have been obtained, all fees have been paid, and bonding, if required by Section 303.19.6. have been obtained. Such review will not be required if the city and the District have entered into an agreement which allows the city to conduct such review and approval of the plan without referring the application and plan to the District. The city with plan review authority shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the city with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal.

If a permit applicant has had two or more violations of previous permits, this article, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the city may deny the permit application.

The city may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000 per acre or fraction thereof of the proposed land disturbance activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land disturbance activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the city with respect to alleged permit violations.

Sec. 303.27. Plan requirements.

Plans must be prepared to meet the minimum requirements as contained in Sections 303.18. and 303.19. of this article, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this article. The plan for the land disturbance activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws.

Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbance activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the Commission and in consultation with the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. § 12-7-20.

Data required for site plan shall include all the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist established by the commission as of January 1 of the year in which the land disturbance activity was permitted.

Sec. 303.28. Permits.

Sec. 303.29. - 32. Reserved.

DIVISION 6. INSPECTION AND ENFORCEMENT.

Sec. 303.33. Inspection and enforcement.

Also, the city shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit as follows:

The District or the Commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the city’s erosion, sedimentation and pollution control program. The District or the Commission shall notify the Division and request investigation by the Division if any deficient or ineffective local program is found.

Sec. 303.37. - 40. Reserved.

DIVISION 7. INSPECTION AND ENFORCEMENT.

Sec. 303.41. Failure to obtain a land disturbance permit.

If any person commences any land disturbance activity requiring a land disturbance permit as prescribed in this article without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the city limits.

Sec. 303.42. Stop work orders.

The following procedures shall apply to the issuance of stop work orders:

Sec. 303.43. Bond forfeiture.

If, through inspection, it is determined that a person engaged in land disturbance activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land disturbance activity fails to comply within the time specified, he shall be deemed in violation of this article and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of Section 303.26.6. The city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land disturbance activity and bring it into compliance.

Sec. 303.44. Monetary penalties.

Any person who violates any provisions of this article, or any permit condition or limitation established pursuant to this article, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the UDO Administrator issued as provided in this article shall be liable for a civil penalty not to exceed $2,500 per day. For the purpose of enforcing the provisions of this article, notwithstanding any provisions in any city charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500 for each violation.

Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this article under county ordinances approved under this article shall be authorized to impose penalties for such violations not to exceed $2,500 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

Sec. 303.45. - 48. Reserved.

DIVISION 8. EDUCATION AND CERTIFICATION.

Sec. 303.49. Certification requirements.

Sec. 303.50. - 53. Reserved.

DIVISION 9. ADMINISTRATIVE AND JUDICIAL APPEAL.

Sec. 303.54. Administrative remedies.

The suspension, revocation, modification or grant with condition of a permit by the city upon finding that the holder is not in compliance with the approved erosion, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the Mayor and City Council within 30 days after receipt by the city of written notice of appeal.

Sec. 303.55. Judicial review.

Any person, aggrieved by a decision or order of the city, after exhausting his administrative remedies, shall have the right to appeal denovo to the Superior Court of Fayette County, Georgia.

Sec. 303.56. - 59. Reserved.

DIVISION 10. EFFECTIVITY, VALIDITY AND LIABILITY.

Sec. 303.70. Effectivity.

This article shall become effective on the 6th day of April, 2017.

Sec. 303.71. Validity.

If any section, paragraph, clause, phrase, or provision of this article shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this article.

Sec. 303.72. Liability.

Sec. 303.73. - 75. Reserved.

DIVISION 1. GENERAL PROVISIONS.

Sec. 304.1. Purpose.

The purpose of this article is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-construction stormwater runoff and non-point source pollution associated with new development and redevelopment. Proper management of post- construction stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. Additionally, the City of Fayetteville is required to comply with several State and Federal laws, regulations and permits and the requirements of the Metropolitan North Georgia Water Planning District’s regional water plan related to managing the water quantity, velocity, and quality of post- construction stormwater runoff.

Sec. 304.2. Stormwater Design Manual.

The City of Fayetteville will utilize the policy, criteria and information including technical specifications and standards in the latest edition of the Georgia Stormwater Management Manual (GSMM) and the latest edition of the City’s local stormwater management design manual (both of which are incorporated herein in their entirety), for the proper implementation of the requirements of this ordinance. The manual may, by Resolution of the Mayor and City Council, be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experience.

Sec. 304.3. - 8. Reserved.

DIVISION 2. DEFINITIONS.

Sec. 304.9. Definitions.

Refer to Appendix A - Definitions.

Sec. 304.10. - 13. Reserved.

(GSMM).

Sec. 304.14. Adoption and implementation of the GSMM; conflicts and inconsistencies.

Sec. 304.15. Designation of administrator.

The City Manager is hereby appointed to administer and implement the provisions of this article and is authorized to designate another officer or employee of the city to perform and carry out the duties under this article. The city manager or persons designated as administrator shall possess all education, training, and certifications required by law or regulation.

Sec. 304.16. Applicability criteria for stormwater management standards.

Sec. 304.17. Exemptions from stormwater management standards.

Sec. 304.18. - 19. Reserved.

DIVISION 4. STORMWATER MANAGEMENT STANDARDS.

Sec. 304.20. Stormwater management standards.

Subject to the applicability criteria in Sec. 303.16. and exemptions in Sec. 304.17. of this article, the following stormwater management standards apply. Additional details for each standard can be found in the GSMM Section 2.2.2.2:

The design of the stormwater management system shall be in accordance with the applicable sections of the GSMM as directed by the UDO Administrator. Any design which proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.

Site reconnaissance and surveying techniques shall be used to complete a thorough assessment of existing natural resources, both terrestrial and aquatic, found on the site. Resources to be identified, mapped, and shown on the Stormwater Management Plan, shall include, at a minimum (as applicable):

Stormwater management plans shall preserve the natural drainage and natural treatment systems and reduce the generation of additional stormwater runoff and pollutants to the maximum extent practicable.

Additional details can be found in the GSMM Section 2.3.

Stormwater runoff quality/reduction shall be provided by using the following:

Stream channel protection shall be provided by using all of the following three approaches:

24-hour extended detention storage of the 1-year, 24-hour return frequency storm event;

Erosion prevention measures, such as energy dissipation and velocity control; and Preservation of any applicable stream buffer.

Downstream overbank flood protection shall be provided by controlling the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour storm event.

Extreme flood protection shall be provided by controlling the 100-year, 24-hour storm event such that flooding is not exacerbated.

Due to peak flow timing and runoff volume effects, some structural components of the stormwater management system fail to reduce discharge peaks to pre-development levels downstream from the site.

A downstream peak flow analysis shall be provided to the point in the watershed downstream of the site or the stormwater management system where the area of the site comprises 10% of the total drainage area in accordance with Section 3.1.9 of the GSMM. This is to help ensure that there are minimal downstream impacts from development on the site. The downstream analysis may result in the need to resize structural components of the stormwater management system.

The components of the stormwater management system that will not be dedicated to and accepted by the city, including all drainage facilities, best management practices, credited conservation spaces, and conveyance systems, shall have an inspection and maintenance agreement to ensure that they continue to function as designed. All new development and redevelopment sites are to prepare a comprehensive inspection and maintenance agreement for the on-site stormwater management system. This plan shall be written in accordance with the requirements in Sec. 304.29. of this article.

Sec. 304.21. Permit application requirements.

No owner or developer shall perform any land development activities without first meeting the requirements of this division prior to commencing the proposed activity. Unless specifically exempted by this division, any owner or developer proposing a land development activity shall submit to the City of Fayetteville a permit application on a form provided by the City of Fayetteville for that purpose. Unless otherwise exempted by this division, a permit application shall be accompanied by the following items in order to be considered:

Sec. 304.22. Pre-submittal meeting, stormwater concept plan, and stormwater management plan requirements.

Before a land development permit application is submitted, an applicant may request a pre-submittal meeting with the city. The pre-submittal meeting should take place based on an early step in the development process such as before site analysis and inventory (GSMM Section 2.4.2.4) or the stormwater concept plan (GSMM Section 2.4.2.5). The purpose of the pre-submittal meeting is to discuss opportunities, constraints, and ideas for the stormwater management system before formal site design engineering. To the extent applicable, local and regional watershed plans, greenspace plans, trails and greenway plans, and other resource protection plans should be consulted in the pre-submittal meeting. Applicants must request a pre-submittal meeting with the city when applying for a Determination of Infeasibility through the Practicability Policy.

and

Sec. 304.23. Application fee.

The fee for review of any land development application shall be based on the fee structure established by the Mayor and City Council. Payment shall be made before the issuance of any land disturbance permit or building permit for the development.

Sec. 304.24. Application procedures.

Land development applications are handled as part of the process to obtain the land disturbance permit pursuant to Sec. 315.27. or 407.22. or building permit per Sec. 501.21.A.1., as applicable. Before any person begins development on a site, the owner of the site shall first obtain approval in accordance with the following procedure:

Sec. 304.25. Compliance with the approved stormwater management plan.

No changes may be made to an approved stormwater management plan without review and advanced written approval by the UDO Administrator.

Sec. 304.26. Inspections to ensure plan compliance during construction.

Periodic inspections of the stormwater management system during construction shall be conducted by city staff or conducted and certified by a professional engineer who has been approved by the city. Inspections shall use the approved stormwater management plan for establishing compliance. All inspections shall be documented with written reports that contain the following information:

Sec. 304.27. Final inspection; as-built drawings; delivery of inspection and maintenance agreement.

Upon completion of the development, the applicant is responsible for:

The required certification under paragraph (1) shall include a certification of volume, or other performance test applicable to the type of stormwater management system component, to ensure each component is functioning as designed and built according to the design specifications in the approved stormwater management plan. This certification and the required performance tests shall be performed by a qualified person and submitted to the city with the request for a final inspection. The city shall perform a final inspection with applicant to confirm applicant has fulfilled these responsibilities.

Sec. 304.28. Violations and enforcement.

Any violation of the approved stormwater management plan during construction, failure to submit as-built drawings, failure to submit a final BMP landscaping plan, or failure of the final inspection shall constitute and be addressed as violations of, or failures to comply with, the underlying land disturbance permit pursuant to [insert local ordinance reference] or the underlying building permit pursuant to [insert local ordinance reference]. To address a violation of this article, the city shall have all the powers and remedies that are available to it for other violations of building and land disturbance permits, including without limitation the right to issue notices and orders to ensure compliance, stop work orders, and penalties as set forth in the applicable ordinances for such permits.

Sec. 304.29. Maintenance by owner of stormwater managements systems predating current GSMM.

For any stormwater management systems approved and built based on requirements predating the current GSMM and that is not otherwise subject to an inspection and maintenance agreement, such stormwater management systems shall be maintained by the owner so that the stormwater management systems perform as they were originally designed.

Sec. 304.30. Inspection and maintenance agreements.

serving as the point of contact for carrying out the owner’s obligations under the inspection and maintenance agreement. The owner shall update the point of contact from time to time as needed and upon request by the city. Upon any sale or transfer of the site, the new owner shall notify the city in writing within 30 days of the name or official title of new person(s) serving as the point of contact for the new owner. Any failure of an owner to keep the point of contact up to date shall, following 30 days’ notice, constitute a failure to maintain the stormwater management system.

Sec. 304.31. Right of entry for maintenance inspections.

The terms of the inspection and maintenance agreement shall provide for the city’s right of entry for maintenance inspections and other specified purposes. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then the city shall have the right to enter and make inspections pursuant to the city’s general provisions for property maintenance inspections pursuant to [insert reference to existing local ordinance providing for right of entry and inspections for general property maintenance obligations, whether under the local administration procedures for the Georgia Statewide Minimum Construction Codes or other local property maintenance ordinance].

Sec. 304.32. Owner’s failure to maintain the stormwater management system.

The terms of the inspection and maintenance agreement shall provide for what constitutes a failure to maintain a stormwater management system and the enforcement options available to the city. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then:

Sec. 304.33. Violations, enforcements and penalties.

If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the City of Fayetteville, after thirty (30) days written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. The City of Fayetteville may assess the owner(s) of the facility for the cost of repair work which shall be a lien on the property, and may be placed on the ad valorem tax bill for such property and collected in the ordinary manner for such taxes.

Any action or inaction which violates the provisions of this ordinance or the requirements of an approved stormwater management plan or permit may be subject to the enforcement actions outlined in this Section.

Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

Sec. 304.34. Notice of Violation (NOV).

If the City of Fayetteville determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this ordinance, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this ordinance without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

Sec. 304.35. Penalties.

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the City of Fayetteville shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the City of Fayetteville may take any one or more of the following actions or impose any one or more of the following penalties.

The City of Fayetteville may issue a stop work order on any development or project of the owner or the responsible person within the City which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

The City of Fayetteville may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site or any other site of the applicant or other responsible person within the City until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

The City of Fayetteville may suspend, revoke or modify the permit authorizing the land development project or any other project of the applicant or other responsible person within the City. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated [upon such conditions as the City of Fayetteville may deem necessary] to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the City of Fayetteville shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) after the City of Fayetteville has taken one or more of the actions described above, the City of Fayetteville may impose a penalty not to exceed $1,000 for each day the violation remains unremedied after receipt of the notice of violation.

For intentional and flagrant violations of this ordinance, the City of Fayetteville may issue a citation to the applicant or other responsible person, requiring such person to appear in court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

Sec. 304.35. - 38. Reserved.

ARTICLE 5. STORMWATER QUALITY.

Sec. 305.1. Purpose.

Sec. 305.2. Enforcement.

Sec. 305.3. Design guidelines.

Minimum requirements to reduce pollutant discharges to the city’s drainage system from areas of new developments and/or re-development.

WQv = [(1.2) (Rv) (A)]/12 where:

WQv is the water quality volume in acre-feet;

Rv is [0.05 + 0.009(I)] where I is the percent impervious cover; and A is the site area in acres.

A minimum WQv of 0.2 inches per acre shall be met at sites that have less than 17 percent impervious cover.

through the use of a percentage removal performance goal. The approach to be taken is to treat the WQv to remove 80 percent of the annual total suspended solids (TSS) loading commonly found in urban stormwater runoff.

Sec. 305.4. Exemptions.

The following activities are exempt from conformance with the provisions of this ordinance as stipulated herein:

The city shall not require compliance with this article if the land-disturbing activity associated with a project will increase the amount of impervious surface on a lot by less than 5,000 square feet.

Sec. 305.5. Maintenance.

Sec. 306.1. Purpose.

The purpose of this article is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the City of Fayetteville’s separate storm sewer system to the maximum extent practicable as required by federal law.

This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this article are to:

Sec. 306.2. Applicability.

The provisions of this article shall apply throughout the city limits.

Sec. 306.3. Compatibility with other regulations.

This article is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law.

The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

Sec. 306.4. Responsibility for administration.

The UDO Administrator shall administer, implement, and enforce the provisions of this article.

Sec. 306.5. Prohibition of illicit discharges.

No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any pollutants or waters containing any pollutants, other than stormwater.

The following discharges are exempt from the prohibition provision above:

Sec. 306.6. Prohibition of illegal connections.

Sec. 306.7. Industrial or construction activity discharges.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the UDO Administrator prior to allowing discharges to the municipal separate storm sewer system.

Sec. 306.8. Access and inspection of properties and facilities.

This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy.

Sec. 306.9. Notification of accidental discharges and spills.

Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the UDO Administrator within three business days of the phone or in person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.

Sec. 306.10. Violations.

Sec. 306.11. Notice of violation.

Sec. 306.12. Appeal of notice of violation.

Any person receiving a notice of violation may appeal the determination of the UDO Administrator to the Mayor and City Council. The notice of appeal must be submitted to the City Clerk within 30 days from the date of the notice of violation. Hearing on the appeal before the Mayor and City Council shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the Mayor and City Council shall be final.

Sec. 306.13. Enforcement measures after appeal.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal, within 15 days of the decision of the Mayor and City Council, representatives of the UDO Administrator may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated city contractor to enter upon the premises for the purposes set forth above.

Sec. 306.14. Costs of abatement of the violation.

Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment within 30 days of such notice. If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken, within 30 days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the City of Fayetteville by reason of such violation.

Sec. 306.15. Civil penalties.

In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days of notice or such greater period as the UDO Administrator shall deem appropriate, the UDO Administrator may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation, may withhold or suspend any and all permits and licenses, including business license, provided by the city until the violation is remedied.

Sec. 306.16. Criminal penalties.

For intentional and flagrant violations of this article, the UDO Administrator may issue a citation to the alleged violator requiring such person to appear in Municipal Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both.

Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

Sec. 306.17. Violations deemed a public nuisance.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.

Sec. 306.18. Remedies not exclusive.

DIVISION 1. GENERAL PROVISIONS.

Sec. 307.1. Title.

This section shall be known as the “Groundwater Recharge Area Protection Ordinance of the City of Fayetteville, Georgia.”

Sec. 307.2. Finding of fact.

In order to provide for the health, safety and welfare of the public and a healthy economic climate within the city, it is essential that the quality of public drinking water be ensured. For this reason, it is necessary to protect the subsurface water resources that the city relies on as a source of public water. Groundwater resources are contained within aquifers, which are permeable, rock strata occupying vast regions of the subsurface. These aquifers are replenished by infiltration of surface water runoff in zones of the surface known as groundwater recharge areas.

Groundwater is susceptible to contamination when unrestricted development occurs within significant groundwater recharge areas. It is, therefore necessary to manage land use within groundwater recharge areas in order to ensure that pollution threats are minimized.

Sec. 307.3. Objectives.

Sec. 307.4. Establishment of a groundwater recharge area district.

A groundwater recharge area district is hereby established which shall correspond to all lands within the city that are mapped as significant recharge areas by the Georgia Department of Natural Resources in Hydrologic Atlas 18, 1989 edition.

Sec. 307.5. Determination of pollution susceptibility.

Each recharge area shall be designated as having a pollution susceptibility of high, medium or low based on the Georgia Pollution Susceptibility Map prepared by the Georgia Department of Natural Resources.

Sec. 307.6. - 9. Reserved.

DIVISION 2. PERMIT REQUIREMENTS.

Sec. 307.10. Permit requirements and enforcement.

No building permit, rezoning request or subdivision plat shall be issued unless the permit, request or plat is in compliance with the groundwater protection standards provided in this article.

With the exception of certain exempted activities identified in Sec. 307.10.D., applications for a development plan review within the groundwater recharge area district shall include a full set of development plans containing the usual required information plus additional information specific to developments in groundwater recharge areas, to-wit:

A map or maps, drawn to a scale no smaller than 1 inch = 50 feet, showing all planned improvements including all existing and proposed structures, roads, water courses and drainage ways shall be provided by the applicant. Site plans must include the name of the owner and/or developer, lot lines with dimensions, building footprints with dimensions, rights of way, building setback lines, buffers, parking areas and driveways, landscaping areas and tree protection areas. If the graphic representation of the proposed activities occupies more than one page, a general location map drawn at a larger scale showing the entire site is required.

This map, or set of maps, must include the basic elements of the site plan and show water lines, wastewater and stormwater facilities, and all other utility installations. The grading and utility plan must also show the orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body. Existing and proposed elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than five feet must be included. Calculations of the amount of cut and fill proposed and cross sectional drawings showing existing and proposed grades in areas of fill or excavation must be included. Elevations, horizontal scale and vertical scale must be shown on cross-sectional drawings. The grading and utility plan must also include the location and detailed design of any spill and leak collection systems designed for containing accidentally released hazardous or toxic materials.

The landscape plan referenced in Sec. 307.10.A.2. shall indicate how the 20 percent tree save requirement will be met.

This one page map, must include the basic elements of the site plan, an impervious surface calculation for proposed development must be shown, a calculation for required landscaping must be shown, a plant list including species and size must be included, and the proposed locations for each plant must be shown.

Detail sheets for soil erosion sediment control facilities, stormwater management facilities, and utility profiles must be included.

Building elevations including material and color samples must be submitted.

Activities must comply with the approved development plans. All development activities or site work conducted after approval of the development plans shall conform to the specifications of the development plans. Significant changes to the development plans that would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of the development, result in a considerable increase in the amount of excavation, fill or removal of vegetation during construction or otherwise result in an alteration of the overall appearance of the development as proposed, can be amended only with the approval of the UDO Administrator. Minor changes, such as the realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions are exempted from this requirement.

The following activities are exempt from development plan review requirements:

The application shall be made to the UDO Administrator and will be reviewed through the standard plan review process. The review period shall include the preparation of staff comments, the opportunity for the applicant to submit revised plans and the preparation of findings (approval with conditions or disapproval) by the Planning and Zoning Commission at the regularly scheduled monthly meeting. The applicant must be present at the Planning and Zoning Commission meeting. Decisions of the Planning and Zoning Commission may be appealed to the Mayor and City Council, pursuant to the appeal procedures identified in Sec. 104.18.B.1. of this UDO.

With the exception of building permit applications made pursuant to and compliant with a development plan previously approved pursuant to the article, building permit applications for work within the groundwater recharge area district shall include the following additional information specific to developments in groundwater recharge areas, to-wit:

A map or maps, drawn to a scale no smaller than 1 inch = 50 feet, showing all planned improvements including all structures, roads, water courses and drainage ways shall be provided by the applicant. Site plans must include the name of the owner and/or developer, lot lines with dimensions, building footprints with dimensions, rights of way, building setback lines, buffers, parking areas and driveways, landscaping areas and tree protection areas. If the graphic representation of the proposed activities occupies more than one page, a general location map drawn at a larger scale showing the entire site is required.

This map, or set of maps, must include the basic elements of the site plan and show water lines, wastewater and stormwater facilities, and all other utility installations. The grading and utility plan must also show the orientation and distance from the boundaries of the site to the nearest bank of an affected perennial stream or water body. Existing and proposed elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than five feet must be included. Elevations, horizontal scale and vertical scale must be shown on cross-sectional drawings. The grading and utility plan must also include the location and detailed design of any spill and leak collection systems designed for containing accidentally released hazardous or toxic materials.

Sec. 307.11. - 14. Reserved.

DIVISION 3. GROUNDWATER PROTECTION.

Sec. 307.15. Groundwater protection standards.

New homes served by septic tank/drain systems outside of the groundwater recharge area shall have a lot area of not less than 43,560 square feet, regardless of the zoning district classification. New homes served by septic tank/drain systems located in the groundwater recharge area shall conform to minimum lot size requirements identified below:

Pollution susceptibility Min. lot size for any new homes served by septic systems (SF)

High 65,340 Medium 54,450 Low 47,916

ARTICLE 8. STREAM BUFFER PROTECTION.

DIVISION 1. GENERAL PROVISIONS.

Sec. 308.1. Title.

This article shall be known as the “City of Fayetteville Stream Buffer Protection Ordinance.”

Sec. 308.2. Findings and purpose.

Whereas, the Mayor and City Council of the city finds that buffers adjacent to streams provide numerous benefits including:

It is the purpose of this article is to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to:

and,

Sec. 308.3. Definitions.

Refer to Appendix A - Definitions.

This article shall apply to all land development activity on property containing a stream protection area as defined in Appendix A - Definitions. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under state law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under state law or from other applicable local, state or federal regulations.

Sec. 308.5. - 8. Reserved.

DIVISION 2. EXCEPTIONS.

Sec. 308.9. Exceptions.

Sec. 308.10. Exemptions.

The following specific activities are exempt from this article. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.

After the effective date of this article, it shall apply to new subdividing and platting activities.

Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Sec. 308.16 of this article.

Sec. 308.11. - 14. Reserved.

DIVISION 3. LAND DEVELOPMENT REQUIREMENTS.

Sec. 308.15. Buffer and setback requirements.

All land development activity subject to this article shall meet the following requirements:

Sec. 308.16. Variance procedures.

Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:

Sec. 308.17. Compatibility with other buffer regulations and requirements.

This article is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

Sec. 308.18. Additional information requirements for development on buffer zone properties.

Any permit applications for property requiring buffers and setbacks hereunder must include the following:

Sec. 308.19. Responsibility.

Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this article shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property, nor shall the issuance of any permit hereunder serve to impose any liability upon the city, its officers or employees, for injury or damage to persons or property.

Sec. 308.20. Inspection.

Sec. 308.21. - 24. Reserved.

DIVISION 4. ENFORCEMENT.

Sec. 308.25. Violations, enforcement and penalties.

Any action or inaction which violates the provisions of this article or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this article. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

If the city determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this article, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this article without having first secured the appropriate permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain:

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.

Before taking any of the following actions or imposing any of the following penalties, city shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours’ notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the (review and permitting authority) may take any one or more of the following actions or impose any one or more of the following penalties.

The UDO Administrator may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

The UDO Administrator may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

The UDO Administrator may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the UDO Administrator may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days (or such greater period as the UDO Administrator shall deem appropriate). In the event the violation constitutes an immediate danger to public health or public safety, 24 hours’ notice shall be sufficient after the UDO Administrator has taken one or more of the actions described above, the UDO Administrator may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

For intentional and flagrant violations of this article, the city may issue a citation to the applicant or other responsible person, requiring such person to appear in (appropriate municipal, magistrate or recorders) court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

Sec. 308.26. Administrative appeal and judicial review.

In accordance with Sec. 104.18.B.1., any person aggrieved by a decision or order of the UDO Administrator may appeal in writing within ten days after the issuance of such decision or order to the City Clerk and shall be entitled to a hearing before the Mayor and City Council within 30 days of receipt of the written appeal.

Any person aggrieved by a decision or order of city, after exhausting all administrative remedies, shall have the right to appeal de novo to the Superior Court of Fayette County, Georgia.

ARTICLE 9. WELLHEAD PROTECTION.

Sec. 309.1. Purpose.

The city hereby creates a new use district to be known as a wellhead protection zone as identified and described in the Georgia Wellhead Protection Plan for the city attached to Ordinance No. 0-6-09 as Exhibit “A”

and kept on file by the City Clerk. Said ordinance is incorporated by reference into this article as if fully set out herein.

Sec. 309.2. Prohibited and/or restricted uses.

Land use and activities in the wellhead protection zones as identified and described as potential pollution sources in the State of Georgia Approved Wellhead Protection Plan referenced in Sec. 309.1. shall be prohibited as stated in the plan.

Sec. 309.3. Administration.

The policies and procedures for administration of any wellhead protection zone established under this article shall be the same as provided in the existing zoning ordinance for the city, as the same is presently enacted or may from time to time be amended.

ARTICLE 10. FLOODPLAIN MANAGEMENT.

DIVISION 1. GENERAL PROVISIONS.

Sec. 310.1. Title.

This Article will be known as “The City of Fayetteville Comprehensive Floodplain Management and Flood Damage Prevention Ordinance.”

Sec. 310.2. Purpose and intent.

The purpose of this article is to protect, maintain and enhance the public health, safety, environment and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor protection, wetlands preservation and ecological and environmental protection by provisions designed to:

Sec. 310.3. Applicability.

This article shall be applicable to all areas of special flood hazard within the city.

Sec. 310.4. Designation of Administrator.

The UDO Administrator is hereby appointed to administer and implement the provisions of this article.

Sec. 310.5. Definitions.

Refer to Appendix A – Definitions.

Sec. 310. 6. - 9. Reserved.

DIVISION 2. DETERMINATION OF FLOOD HAZARD AREAS.

Sec. 310.10. Basis for area of special flood hazard, areas of future-conditions flood hazard and associated floodplain characteristics – flood area maps and studies.

For the purposes of defining and determining “Areas of Special Flood Hazard,” “Areas of Future-conditions Flood Hazard,” “Areas of Shallow Flooding,” “Base Flood Elevations,” “Floodplains,” “Floodways,” “Future-conditions Flood Elevations,” “Future- conditions Floodplains,” potential flood hazard or risk categories as shown on FIRM maps, and other terms used in this article, the following documents and sources may be used for such purposes and are adopted by reference thereto:

and

or

Sec. 310.11. Compatibility with other regulations.

This article is not intended to modify or repeal any other article, rule, regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of this article are in addition to the requirements of any other article, rule, regulation or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other article, rule, regulation or other provision of law, whichever provision is more restrictive or impose higher protective standards for human health or the environment shall control.

Sec. 310.12. Severability.

If the provisions of any section, subsection, paragraph, subdivision or clause of this article shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this article.

Sec. 310.13. Warning and disclaimer of liability.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur, and flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made there under.

Sec. 310.14. - 17. Reserved.

DIVISION 3. PERMIT PROCEDURES.

Sec. 310.18. Permit procedures and requirements.

An application for a development project with any area of special flood hazard or area of future-conditions flood hazard located on the site shall include a floodplain management/flood damage prevention plan. This plan shall include the following items:

The approved floodplain management/flood damage prevention plan shall contain certification by the applicant that all development activities will be done according to the plan or previously approved revisions. Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans.

For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder shall provide to the UDO Administrator a certified as-built elevation certificate or flood-proofing certificate for non-residential construction including the lowest floor elevation or flood-proofing level immediately after the lowest floor or flood-proofing is completed.

A final elevation certificate shall be provided after completion of construction including final grading of the site. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a Professional Engineer or Surveyor licensed to practice in the state of Georgia.

When flood-proofing is utilized for non-residential structures, said certification shall be prepared by or under the direct supervision of a Professional Engineer or Architect licensed to practice in the state of Georgia and certified by same using the FEMA flood-proofing certificate. This certification shall also include the design and operation/maintenance plan to assure continued viability of the flood-proofing measures.

Any work undertaken prior to approval of these certifications shall be at the permit holder’s risk. The UDO Administrator or their designee shall review the above referenced certification data submitted.

Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being allowed to proceed. Failure to submit certification or failure to make the corrections required hereby shall be cause to issue a stop work order for the project.

Duties of the UDO Administrator shall include, but shall not be limited to:

prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

Sec. 310.19. - 22. Reserved.

DIVISION 4. STANDARDS FOR DEVELOPMENT.

Sec. 310.23. Standards for development.

The width of a floodway shall be determined from the FIS or FEMA approved flood study. For all streams with a drainage area of 100 acres or greater, the regulatory floodway shall be provided by the city. If floodway data is not available from the city, then it shall be determined by a Professional Engineer licensed to practice in the state of Georgia using a method approved by FEMA and the city.

and

The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on his property so that the flood-carrying or flood storage capacity is maintained. The city may direct the property owner (at no cost to the city) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the city.

Sec. 310.24. - 27. Reserved.

DIVISION 5. FLOOD DAMAGE REDUCTION.

Sec. 310.28. Provisions for flood damage reduction.

In all areas of special flood hazard and areas of future-conditions flood hazard the following provisions shall apply:

b.

f.

This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;

Sec. 310.29. - 32. Reserved.

DIVISION 6. GENERAL BUILDING STANDARDS.

Sec. 310.33. Building standards for structures and buildings within the future conditions floodplain.

New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Sections 310.23.C., D. and E. of this article have been met. If all of the requirements of Sections 310.23.C., D. and E. of this article have been met, all new construction shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of Sec. 310-28.A.5. of this article.

Substantial improvement of any principal structure shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 310-28.A.5. of this article.

New construction of principal non-residential buildings shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Sections 310.23.C., D.

and E. of this article have been met. If all of the requirements of Sections 310.23.C., D. and

New construction that has met all of the requirements of Sec. 310-28.A.5. of this article may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A Professional Engineer or Architect licensed to practice in the state of Georgia shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the UDO Administrator using the FEMA Floodproofing Certificate along with the design and operation/maintenance plan.

Substantial improvement of any principal non-residential structure located in A1- 30, AE, or AH zones, may be authorized by the UDO Administrator to be elevated or floodproofed.

Substantial improvements shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 310-28.A.5. of this article. Substantial improvements may be flood-proofed in lieu of elevation.

The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

A Professional Engineer or Architect licensed to practice in the state of Georgia shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the UDO Administrator using the FEMA Floodproofing Certificate along with the design and operation/ maintenance plan.

Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, parking lots, recreational facilities and other similar non-habitable structures and facilities) which meet the requirements of Sections 310.23.C., D. and E. of this article and are permitted to be located within the limits of the future-condition floodplain shall be constructed of flood-resistant materials and designed to provide adequate flood openings in accordance with Sec. 310-28.A.1. of this article and be anchored to prevent flotation, collapse and lateral movement of the structure.

Sec. 310.34. Building standards for structures and buildings authorized adjacent to the future-conditions floodplain.

For new construction or substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 310-28.A.5. of this article.

For new construction or substantial improvement of any principal non-residential building, the elevation of the lowest floor, including basement and access to the building, shall be at least one foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher.

Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 310-28.A.5. of this article. Non-residential buildings may be flood-proofed in lieu of elevation.

Sec. 310.35. Building standards for residential single-lot developments on streams without established base flood elevations and/or floodway (A-Zones).

For a residential single-lot development not part of a subdivision that has areas of special flood hazard, where streams exist but no base flood data have been provided (A-Zones), the UDO Administrator shall review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data available from a federal, state, local or other source, in order to administer the provisions and standards of this article.

If data are not available from any of these sources, the following provisions shall apply:

Sec. 310.36. Building standards for areas of shallow flooding (AO-Zones).

Areas of special flood hazard may include designated “AO” shallow flooding areas. These areas have base flood depths of one to three feet above ground, with no clearly defined channel. In these areas the following provisions apply:

Sec. 310.37. Standards for subdivision of land.

Sec. 310.38. - 41. Reserved.

DIVISION 7. ENFORCEMENT.

Sec. 310.42. Variance procedures.

The following variance and appeals procedures shall apply to an applicant who has been denied a permit for a development activity, or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the provisions of this article:

Sec. 310.43. Conditions for variances.

Sec. 310.44. Violations, enforcement and penalties.

Any action or inaction which violates the provisions of this article or the requirements of an approved stormwater management plan or permit, may be subject to the enforcement actions outlined in this Section.

Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

If the city determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this article, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this article without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.

Before taking any of the following actions or imposing any of the following penalties, the city shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours’ notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the city may take any one or more of the following actions or impose any one or more of the following penalties.

The city may issue a stop work order which shall be served on the applicant or other responsible person.

The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

The city may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

The city may suspend, revoke or modify the permit authorizing the development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the city may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the city shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours’ notice shall be sufficient) after the city has taken one or more of the actions described above, the city may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

For intentional and flagrant violations of this article, the city may issue a citation to the applicant or other responsible person, requiring such person to appear in Magistrate Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

ARTICLE 11. CAR WASHES AND RECYCLING WATER.

Sec. 311.1. Purpose.

The purpose of this article is to reduce water consumption from commercial car wash facilities by requiring all new conveyor car washes to install operational recycled water systems.

Sec. 311.2. Applicability.

Sec. 311.3. Commercial car wash water recycling requirement.

All new commercial conveyor car washes, permitted and constructed after January 1, 2011 must install operational recycled water systems. A minimum of 50% of water utilized will be recycled.

ARTICLE 12. LITTER CONTROL.

Sec. 312.1. Model and authority.

This article is modeled on the “Georgia Litter Control Law” (O.C.G.A. § 16-7-40 et seq.) and adoption of this article is authorized by O.C.G.A. § 16-7-48.

Sec. 312.2. Purpose and intent.

The purpose of this article is to protect the public health, safety, environment, and general welfare through the regulation and prevention of litter. The objectives of this article are:

Sec. 312.3. Applicability.

This article shall apply to all public and private property within the city.

Sec. 312.4. Definitions.

Refer to Appendix A. – Definitions.

Sec. 312.5. Prohibition against littering public or private property or waters.

It shall be unlawful for any person or persons to dump, deposit, throw or leave or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in the city or any waters in the city unless:

Construction site operators shall be responsible for developing a site waste materials control plan to include acceptable measures to control construction site waste materials, to include but not be limited to discarded building materials, concrete truck wash out, litter, sanitary waste, remnant bricks and lumber, paint buckets, product packaging, remnant landscaping items, etc. Construction site operators shall be responsible for ensuring the development and implementation of an adequate construction site waste materials control plan for the duration of the construction time frame for each lot/project.

Sec. 312.6. Vehicle loads causing litter.

No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of materials from such load onto the roadway.

Sec. 312.7. Violations.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article, may be subject to the enforcement actions outlined in this article or may be restrained by injunction or otherwise sentenced in a manner provided by law.

Sec. 312.8. Evidence.

Sec. 312.9. Penalties.

Sec. 312.10. Enforcement.

The UDO Administrator, all law enforcement agencies, officers and officials of this state or any political subdivision thereof, or any enforcement agency, officer or any official of any commission of this state or any political subdivision thereof, are hereby authorized, empowered and directed to enforce compliance with this article.

Sec. 312.11. Compatibility with other regulations.

This article is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

Sec. 313.1. Classification of streets.

For the purpose of this chapter, all of the streets, roads and highways in the city are classified as major streets, collector streets, or minor streets as follows:

Thoroughfares designed and used for high traffic volumes and cross-town traffic movement. Major streets include the following:

Thoroughfares designed for moderate traffic volumes, generally having right-of-way over intersecting minor streets. Collector streets include the following:

A street designed and used primarily for low traffic volumes and access to individual lots. All thoroughfares not classified as either major streets or collector streets are classified as minor streets.

Sec. 313.2. Street and right-of-way requirements.

All roads and bridges constructed within the city shall conform to the standards and specifications set forth in this article as well as the following references:

(latest edition); and,

For all applicable sections of this article, sight distances shall be determined using the methods provided in AASHTO’s Geometric Design of Highways and Streets, latest edition.

In the event of a conflict between the design standards and specifications set forth in this article and one of the above-referenced documents, this code shall control. In the event of a conflict between two or more of the above-referenced documents the UDO Administrator shall determine which controls.

All public streets shall comply with the following width, grade, radii, and visibility requirements. The values in this subsection are recommended minimum widths. Additional right-of-way may be required based on a road’s characteristics, specifically at auxiliary lanes. In all cases the right-of-way shall extend at least 12 feet beyond the edge of pavement.

The design for improvements to a major road or for the construction of a new major roadway shall include a pavement design that includes projected truck volumes. The pavement analysis shall follow current GDOT procedures and methods. Up to a ten percent under-design may be allowed if approved by the UDO Administrator. In no case shall the pavement thickness be less than those shown in this table.

The materials, methods and quality control used for installation of asphaltic concrete shall meet all applicable GDOT standards and specifications including, but not limited to, Section 400—Hot Mix Asphaltic Concrete Construction.

Stopping and passing sight distance shall be as determined by AASHTO standards (latest edition).

Streets shall confirm to the following width, grade, radii, and visibility requirements:

Min. ROW Min. pavement Max. grade Min. curve Centerline Street type width (ft.)1 width (ft.)2 (%)3 radii visibility (ft.) (ft.)

Other Pedestrian way 10 4 14 - -Alleys 20 16 14 - 100 Cul-de-sac (radius)

Residential 50’ R 40’ R 10 - 200 Commercial and industrial 60’ R 50’ R 7 - 200 Minor streets

Low-density residential                   50                       26                  12          125                             200

High-density residential                  50                       28                  10          125                             200

           Commercial                     60                       30                  7           125                             200

           Industrial                     60                       32                  7           125                             200

Major streets Collector 60 28 7 300 300 Major streets 80 40 5 500 500 1 Where a subdivision abuts on an existing street, the subdivider shall dedicate additional right-of-way on that street to meet the above 2 minimum street width requirements from each side of the centerline.

Does not include curb and gutter.

3 The minimum grade of all streets shall be no less than 1%.

Minimum pavement requirements include the following:

Street type Compacted Graded Asphalt Asphalt Asphalt Curb & binder2 surface2 subgrade aggregate base gutter Alley 12” 6” N/A 2” 1.5” 24”

Minor 12” 6” N/A 2” 1.5” 24”

Commercial 12” 8” N/A 2” 1.5” 24”

Industrial 12” 8” N/A 2” 1.5” 24”

Major1 12” 10” 3” 2” 1.5” 30”

1 Requirements may be modified by design for individual road section.

2 Requirements may be modified by design for individual road section.

Stopping sight distance shall be used for all applicable design criteria associated with internal local and low volume local roads and shall at a minimum meet the following criteria adopted in the AASHTO Design Manual (latest edition).

Curbline radius at street intersections shall be at least 25 feet and where the angle of street intersection is less than 90 degrees, the UDO Administrator may require a greater radius.

Right-of-way radius at street intersections shall parallel the curbline radius or be mitered from radius return point to radius return point.

Curbs and gutters shall be installed on all streets.

When a proposed street is located near or paralleling an existing stream or open drainageway, street construction must be above the projected 100-year flood high water elevation.

The UDO Administrator may require traffic calming devices to assist in minimizing thru traffic on minor streets.

Temporary cul-de-sacs may be required on phased projects or where adjacent land may be developed in the future and shall comply with the International Fire Code (latest Georgia adopted edition) and be approved by the Fire Marshal as a part of the plan review process.

Except for temporary turnarounds for stub streets, dead-end streets shall be prohibited.

Streets and roads that are obviously in alignment with and are extensions of existing previously named or numbered streets shall bear that name.

Sec. 313.3 Street and right-of-way design parameters.

Control over the number and location of access points along the city’s roadways is necessary to reduce congestion, improve safety, maintain acceptable flow and minimize confusion. The standards of this section shall apply to all non-residential development having frontage on and direct access to any arterial or collector street within the city as follows:

and,

A draft of the access easement shall be provided to the city for review prior to recording.

The UDO Administrator may allow temporary access where the service road is not completed if a financial guarantee is provided which assures elimination of the temporary access upon completion of the service road.

Street type From intersection Between curb cuts Major 250’ 400’

Collector 250’ 300’

Minor (for non-residential, attached single-family residential and multi- 150’ 250’

family uses)

One curb cut for each platted single residential lot meeting the minimum lot width and street frontage re-Minor (for single-family detached) quirements of this UDO, except that two curb cuts shall be allowed for circular driveways on lots which have a minimum of 125 feet street frontage.

In cases where the minimum spacing requirements cannot be met due to lot size, topography, or other legal or physical reasons, curb cut spacing shall be reviewed and approved on a case by case basis by the UDO Administrator. In cases where the curb cut spacing review is part of a development plan under review by the Planning and Zoning Commission, the Planning and Zoning Commission shall approve the curb cut locations. Sight line studies shall be provided by the owner when required by the UDO Administrator to evaluate safety.

Deceleration lanes shall be required on major roads and on collector roads with speed limits of 35 mph or higher. In general, deceleration lanes shall be designed to GDOT standards unless otherwise specified by the UDO Administrator. Curb and gutter is requires for the deceleration land where the existing or proposed future road construction of the road includes curb and gutter. The pavement structure shall meet the city’s street paving requirements.

Given the variation in existing physical conditions along the city’s streets, modifications to the spacing and other requirements above may be permitted as part of the site plan review process. The UDO Administrator shall consider the following criteria when determining if there is a need for modification, in the following circumstances, and the degree to which any modification is necessary:

Such modification is the minimum necessary to provide reasonable access, will not impair public safety or prevent the logical development or redevelopment of adjacent sites and is not simply for convenience of the development.

Service roads shall generally be parallel to the front property line and may be located either in front of, adjacent to, or behind principal buildings. In considering the most appropriate alignment for a service road, the Planning and Zoning Commission shall consider the setbacks of existing buildings and anticipated traffic flow for the site.

Placement of the service road intersection with the driveway from the abutting street shall be as far as possible from the street for safe and efficient operation. The distance between the nearest edge of the street and the first internal movement shall meet the minimum requirements shown below. For large sites with high volumes or heavy truck traffic, and along high volume streets, the required distance may be increased to avoid interference with the mainline traffic flow. If no other design alternatives exist, the Planning and Zoning Commission may permit lesser separation distances, provided the left turning movement shall be prevented by means of a raised concrete median. Sites shall be designed so interior driveways accommodate at least 100 feet of vehicle storage.

Lot depth (feet) Min. distance (feet)

1,000 or more 200 500 - 999 Not less than 1/5 lot depth Less than 500 100

The service road shall be within an access easement permitting traffic circulation between properties.

This easement shall be 40 feet wide, except an access easement parallel to a public street right-of-way may be 30 feet wide, if approved by the UDO Administrator. The required width shall remain free and clear of obstructions, unless otherwise approved.

Service roads shall have a base, pavement and curb with gutter in accordance with city standards for public streets, except the width of the service road shall have a minimum pavement width of 24 feet.

The service road is intended to be used exclusively for circulation, not as a parking maneuvering aisle. The posting of “no parking” signs may be required along the service road. In reviewing the site plan, the UDO Administrator may permit temporary parking in the easement area where a continuous service road is not yet available, provided that the layout allows removal of the parking in the future to allow extension of the service road.

The UDO Administrator shall approve the location of all access points to the service road based on the driveway spacing standards listed above.

Where applicable, the elevation of the service road shall be designed to accommodate a connection to the adjoining parcel.

The area between the service road and the public street right-of-way shall be planted in accordance with the landscape ordinance.

Where access to a commercial development is provided from a predominantly residential street, the developer of the commercial property shall make improvements to reduce the impact of the commercial development to the residential area. These improvements may include upgrading the residential street as necessary to provide safe and convenient access to and from the commercial site and to and from the residential area, upgrading any affected intersections (such as the intersection of said residential street with a major or collector road), providing no less than a 20-foot landscape buffer along the residential street to screen the commercial development and creating a distinctive border between the commercial area and the residential area which may include an additional landscape area at the border between the commercial and residential properties.

Sec. 313.4. Sidewalks.

Sidewalks shall be required in all new residential subdivisions and along those streets identified within the Master Path Plan. Sidewalks shall be constructed in accordance with city specifications and standards and shall be located within the right-of-way or a public access easement adjoining public or private streets.

The Planning and Zoning Commission may waive or defer the requirement for sidewalks as a part of the conceptual site plan or the preliminary plat approval process based on the following criteria:

Sidewalks shall be designed in accordance with the following specifications:

Sidewalk must be completed before a certificate of occupancy is issued for the land it fronts or serves.

However, the UDO Administrator may require 100 percent completion of all sidewalks in a given route before issuance of a certificate of occupancy.

Sec. 313.5. Driveway and Right of Way Permits

Application shall be approved prior to any on-site construction, and the application must be accompanied by a scaled drawing showing the following (example below):

Required Distance From Intersections* Urban Principal and Minor Aerial Streets 150 Feet Urban Collector Streets 100 Feet All Other Streets 50 Feet *A request for driveway spacing to be less than that defined above will be considered on a case-by-case basis and with substantial evidence provided by a registered traffic engineer and for review and approval of the City Engineer.

Sec. 313.6. Excavations and obstructions.

It shall be unlawful for any person under any pretext to make or place an excavation, embankment or obstruction in any street, alley, sidewalk, or other public way in the city until written application has been made for a permit from the UDO Administrator authorizing the same; provided, in the event of an emergency endangering the public health and safety or for the immediate preservation of property, an excavation, embankment, or obstruction may be made to the extent of abating the dangerous condition or situation. Upon relieving the existing emergency, the person making the excavation shall notify the UDO Administrator and otherwise comply with the requirements of this article regulating same. The issuance of a permit is not an affirmative assumption by the city to supervise or ensure the permittee complies with all requirements. Failure of permittee to comply will not be grounds for any actions against the city for negligence in issuing the permit.

Each application for a permit under this subsection shall describe the character of the work to be done, a full description of the premises where such work is to be done and shall be signed by the person applying for the permit. The permit shall be issued in duplicate, the original to be delivered to the party applying therefor, and one copy to be filed with the UDO Administrator together with the application.

and

When any part of any street, alley or public easement in the city shall be excavated, torn, dug or taken up for any purpose or when an embankment or obstruction is placed thereon, the person doing the same shall, immediately upon the completion of such purpose, and within ten days after the completion of such purpose, backfill and compact the same to a firm and solid bearing and in such manner as will entirely prevent the settling of such earth, and shall also relay the paving in a skillful and permanent manner, and in every case, to the satisfaction of the UDO Administrator. Failure to comply with the requirements of this section shall constitute an offense, and each day such failure continues shall constitute a separate offense.

It shall be unlawful for any person to make any excavation, embankment or obstruction of whatsoever kind in the city, whether the same be in, along or near any street or sidewalk, alley or other public way of any kind, without placing proper barricades and signal lights or other warnings, at, in or around the same, sufficient to warn the public of such excavation, embankment or obstruction and to protect all persons using reasonable care from accident on account of the same.

No person shall cut down or destroy any embankment or other improvement of the streets, alleys, sidewalks or other public ways. No person shall be allowed to dig or haul any dirt from any of the streets or alleys of the city without written permission from the city.

Sec. 313.7. Traffic study.

A traffic study shall be required for any development anticipated to generate more than 100 peak hour in-bound or out-bound trips, based on the most recent edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE).

In the case of redevelopment, trip generation will be defined as the number of net new trips generated by the proposed use beyond the trips generated by the previous use, unless the previous use has been discontinued for more than 12 months.

The UDO Administrator may waive the requirement to complete a traffic study or may require a traffic study to be submitted for developments not exceeding 100 peak hour directional trips, based upon localized safety, operational, or street capacity issues, including Levels of Service (LOS) of existing roadways.

Previously approved developments for which a traffic study was submitted in conjunction with a preliminary plat for subdivision, site plan or mixed-use development shall be exempt from the requirements of this section; provided, the traffic study is no less than two years old.

Any project that is classified as a Development of Regional Impact (DRI) and submits a traffic study in accordance with the requirements of Georgia Department of Community Affairs (GDCA) and/or the Atlanta Regional Commission (ARC) shall be exempt from the requirements of this section.

The traffic study shall be submitted along with an application for a preliminary plat, conceptual site plan or mixed-use development. The traffic study shall be prepared by a Professional Transportation Engineer licensed to practice in the state of Georgia and shall include, at a minimum:

A traffic study shall be required for development projects that do not otherwise meet the thresholds of a traffic study if the application is for a project that:

Sec. 313.8. Parades and processions.

No procession or parade of any number of persons, delegation or association of persons, or any company, circus or group shall march, drill parade on foot or in vehicles or on animals upon any public street, alley, highway or right-of-way without first having obtained a written permit from the UDO Administrator. The UDO Administrator shall not issue a permit until such time the request is reviewed and approved by the Police Chief, Fire Chief and other city departments as required.

Funeral processions, the United States military forces and the military forces of this state are exempt from acquiring this permit for a parade.

The permittee must furnish the UDO Administrator with the following information 30 days prior to the parade:

Prior to issuance of the parade permit, the Applicant shall be required to a fee to the city to defray the costs to the city for police officers and other city staff. Said fee shall be determined by the parade route selected as described in Sec. 313.8.K. of this UDO.

2.

The UDO Administrator shall act upon the application for a parade permit within five business days after the filing. If the application is denied, notification should be mailed to the applicant within two days after the date upon which the application was denied. The notification should include the reason(s) for the denial of the permit. The communication should be sooner if the date for the event requires a quicker response.

The denial by the UDO Administrator of an application for a parade permit may be appealed to the City Manager by a written notice of appeal delivered to the City Clerk within ten days of the date of the denial.

The City Manager shall immediately notify the Mayor and City Council of any such appeal, and the Mayor shall appoint himself or herself or a member City Council to hear the appeal along with the City Manager.

Upon issuance of a parade permit, the UDO Administrator shall send a copy thereof to the Police Chief, Fire Chief and any other city department which may be affected.

A permittee hereunder shall be responsible for the following:

No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.

No driver of a vehicle shall drive between the vehicles or persons comprising a parade when the vehicles or persons are in motion and are conspicuously designated as a parade.

The Chief of Police shall have the authority when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or part thereof constituting a part of the route of a parade. The Chief of Police shall post signs to the effect, and it shall be unadvisable for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for standing or parking on a street unposted in violation of this chapter.

The UDO Administrator shall have the authority to revoke a parade permit issued hereunder upon violation of the conditions and directions attached to the permit.

Applicants shall be required to follow a pre-determined parade route previously approved by the Mayor and City Council and shall be required to choose one of the approved routes at the time of application.

The approved parade routes and the corresponding fees shall be established by resolution of the Mayor and City Council and may be amended from time to time by resolution of the Mayor and City Council.

The previously approved parade routes shall not apply to regional processions sanctioned by the state, the federal government, or agencies thereof.

Applicants shall select from one of the following types of parade routes:

Permits motor vehicles, noise making devices, sound amplification devices or musical instruments (subject to other laws).

No motor vehicles, noise making devices, sound amplification devices or musical instruments permitted.

Procession is permitted on sidewalks and right-of-ways only. No motor vehicles, noise making devices, sound amplification devices or musical instruments permitted.

ARTICLE 14. SUBDIVISION REGULATIONS.

DIVISION 1. GENERAL PROVISIONS.

Sec. 314.1. Purpose.

The purpose of these regulations shall be to promote the public health, safety, morals, and general welfare and to require the harmonious, orderly, and progressive development of land within the City of Fayetteville, Georgia. Further, the purpose of the regulation of the subdivision of land are, among others:

Sec. 314.2. - 5. Reserved.

DIVISION 2. GENERAL DESIGN PRINCIPLES.

Sec. 314.6. General requirements.

Land subject to flooding, improper drainage, erosion, and deemed unsuitable for development in accordance with the city’s standards shall not be platted for any use that may continue unacceptable and unsafe conditions or increase the danger to health, safety, life, or property unless steps are taken to mitigate the hazards.

The subdivider shall preserve trees and other natural growth, as required by Sections 403.8 and 403.9.

Permanent survey monuments shall be installed in accordance with the most recent edition of Section

Surveyors and the Georgia Plat Act (O.C.G.A. § 15-6-67 et al).

Platted easements and deed of easements shall be provided in the locations and dimensions required by the city to provide for:

Easement width shall be specified by the city as necessary to accommodate existing and future needs as well as construction and repair of facilities. For drainage easements, the widths should be sufficient to accommodate areas anticipated to be inundated by stormwater.

The subdivider shall furnish all required sidewalks in accordance with Section 313.4.

Access to every subdivision shall be provided over a public street or a private street approved by the city. All public and private street designs shall meet engineering standards.

All secondary and local streets within a subdivision shall be improved and paved by the subdivider in accordance with the engineering standards.

All streets and other features of any major street plan for the city shall be platted by the subdivider in the location and dimension indicated on the major street plan adopted by the Mayor and City Council.

The subdivider shall clear and grade proposed streets to their full right-of-way width, except where a lesser degree of grading is approved as necessary to protect tree critical root zones. Where slopes from edges of rights-of-way are required to meet yard grades, such slopes shall be placed on private property.

Existing streets shall be continued at the same or greater width, but in no case less than the required width, as specified in the engineering standards, unless a lesser width is recommended by the Planning and Zoning Commission and approved by the Mayor and City Council.

Where a subdivision abuts or contains a major street, a limited-access highway, or a railroad right-of-way, the Planning and Zoning Commission may require a street approximately parallel to and on each side of such right-of-way, either as a marginal-access street or at a distance suitable for an appropriate use of the intervening land, with a non-access reservation suitably platted. In determining distances, due regard shall be given to requirements for approach grades, future grade separations and suitable vehicle stacking space to avoid conflicting turning movements. Lots shall have no access to a major street or limited-access highway, but only to access streets. The following criteria shall be considered:

Street jogs with centerline offsets of less than 150 feet shall not be permitted.

Except where topographic or other natural conditions make a greater length unavoidable, cul-de-sac or dead-end streets shall not be greater than 600 feet in length. They shall be provided at the closed end with a turnaround having a property line radius as described herein. In certain cases, the usage of a “T” or “Y” shaped turning area shall be allowed subject to the approval of the Fire Marshal. The following criteria shall be considered:

In order to minimize accidents at road intersections, the following regulations shall apply in all districts:

Alleys shall not be required unless deemed necessary by the Planning and Zoning Commission , Where alleys are provided, the following criteria shall be considered:

Maximum (linear feet)

Zoning category Block face Block perime- Cul-de-sac ter block Legacy Districts 1,800 1,800 Suburban Residential 1,320 3,440 660 Urban Residential 660 1,920 315 (attached and multi-family residential)

Where practicable, a concrete pad for garbage can pad measuring no less than 2’ x 6’ shall be placed at the rear of each residential lot that buts an alley.

Alley and lot layout shall be designed to screen the view into the alley from an intersecting street by one ot more of the following:

In order to minimize accidents at road intersections, the following regulations shall apply in all districts:

Sec. 314.7. - 11. Reserved.

DIVISION 3. SUBDIVISION DESIGN STANDARDS.

Sec. 314.12. Residential blocks and lots.

The intent of this section is to ensure walkable neighborhoods that are appropriate to the desired scale of applicable zoning districts and the comprehensive plan.

Residential blocks must have sufficient width to provide for two tiers of residential lots, except where a single tier of lots is required to accommodate single-loaded streets where across from a public park or open space, to allow for unusual topographical conditions, or when adjacent to the outer perimeter of a subdivision.

Block perimeter, block face, and cul-de-sac block measurements are subject to the maximums as shown in the table above. Block perimeter is measured along the edge of the property adjoining the public right-of-way, not including alleys. The maximum block perimeter may be extended by 25 percent where the block includes a pedestrian passage or alley. Within a single phase of any subdivision, individual block perimeters may exceed the maximum by 25 percent as long as the average of all block perimeters in the phase does not exceed the maximum as shown in the table above.

A block face is a side of a block that homes face and is measured along the edge of the property adjoining the public or private right-of-way. There may be more than 1 block face per block. Within a single phase of any subdivision, individual block faces may exceed the maximum by 25 percent as long as the average of all block faces in the phase does not exceed the maximum as shown in the table above.

The Planning and Zoning Commission may modify the block perimeter and face requirements when steep slopes in excess of 25 percent, railways, waterways, tree protection areas, stream buffers, cemeteries, open space, or easements would make the provision of an additional complete block infeasible.

Lots shall be designed to conform to all city regulations to ensure orderly growth, proper building arrangement, and effective provision of city services. The following lot requirements shall be met:

In the subdividing of land, appropriate consideration must be given to natural features, such as trees, watercourses, historic sites, or similar conditions which, if preserved, will add attractiveness to the proposed subdivision and ensure safety from hazardous conditions.

Lot dimensions shall be consistent with the minimum requirements for the applicable zoning district and shall be designed to have sufficient building envelops when setbacks are applied.

Side lot lines shall be perpendicular or radial to street lines and shall not be curved.

When served by well and septic, lots shall also meet the dimensional and area requirements of the Fayette County Board of Health.

Double frontage, unless required by the Planning and Zoning Commission, shall be prohibited except where essential to provide separation of residential development from major streets or to overcome specific disadvantages of topography orientation, and property size. A planting screen reservation of at least ten feet, and across which there shall be no right of access, may be required along the line of lots abutting the major street.

Small portions of land that do not comply with minimum lot area or width requirements, or left over after subdividing tracts of land, shall be prohibited unless the remnants are designated as common area or stormwater management area on the final plat and maintained by the homeowners’

association.

Lot lines shall not extend into lakes. Maintenance of lakes shall be the responsibility of the developer or homeowners’ association.

Sec. 314.13. Connectivity and access.

Connectivity and access plans for subdivisions are subject to the following requirements:

Proposed streets, pathways, and sidewalks must be interconnected throughout subdivisions and shall connect with adjoining subdivisions, and adjacent streets external to the subdivision, to provide multiple routes for vehicular, bicycle, and pedestrian trip to, from, and within the subdivision. Streets shall remain open for community-wide access as part of an overall connected street network.

If adjoining property contains a street that is terminated by a temporary cul-de-sac or stub street, a new subdivision plat shall provide for a continuation of the street.

While connectivity is required by this section, streets serving residential subdivisions shall be arranged and designed so that cut-through movements will be minimized and traffic calmed.

Sec. 314.14. Water and sanitary sewer system.

Water and sanitary sewer facilities shall be constructed in accordance with the requirements of the Public Services Department.

Lots not served by a public sewer or sanitary sewerage system and public water shall meet the dimension and area requirements of the Fayette County Board of Health.

Sec. 314.15. Address identification.

Sec. 314.16. Cluster mailboxes.

The following guidelines apply to all residential development:

In situations where the United States Postal Service (USPS) determines that individual mail delivery will not be available to a new development, the following requirements shall apply:

design from the USPS;

However, shelters or other structures must be included on the preliminary plat for review and approval by the Planning and Zoning Commission. Architectural design of required shelter and any associated structures shall be compatible with primary structures; and

ARTICLE 15. SUBDIVISION REVIEW PROCEDURES.

DIVISION 1. GENERAL PROVISIONS.

Sec. 315.1. Purpose.

The purpose of these regulations shall be to promote the public health, safety, morals, and general welfare and to require the harmonious, orderly, and progressive development of land within the jurisdiction of the city. Further, the purpose of the regulation of the subdivision of land are, among others:

Sec. 315.2. Authority.

These subdivision regulations are adopted pursuant to the authority granted in the following acts:

Sec. 315.3. Conflict.

Where any provision of this article is in conflict with any provision of state law, the state law controls. Where this article is incomplete in having failed to incorporate a provision necessarily required for the implementation of state law, the provision of state law must be fully complied with.

Sec. 315.4. Application certification.

All applications for all procedures under this article shall be certified by the applicant under penalty of perjury, and if the applicant is not the owner of the affected lands, shall also be certified by the owner of the affected lands Sec. 315.5. - 8. Reserved.

DIVISION 2. GENERAL REQUIREMENTS.

Sec. 315.9. General requirements.

Subdivision plats and construction plans shall comply with all requirements set forth in this article, the rules of the State Board of Professional Engineers, the rules of the State Board of Land Surveyors, and the Georgia Plat Act.

Construction activities associated with the proposed subdivision streets or utilities, including clearing and grading, shall not commence before obtaining preliminary plat approval from the Planning and Zoning Commission and approval of construction plans from the Community and Economic Development Department.

The standard coordinate system for all digital mapping shall be in the Georgia State Plane Coordinate System, West Zone, North American Datum of 1983 (NAD 83). Ground elevations shall be based on the North American Vertical Datum or 1988 (NAVD 88). Drawings and/or digital data files not prepared in these projections will not be accepted.

Staff Planning & Mayor & City Subdivision type UDO City Engineer Fire Marshal Zoning Council Administrator Commission

     Lot combination          Approve        Approve               Review

Boundary line adjustment      Approve        Approve               Review

        Exempt                Approve        Review                Review

    Minor - informal plan     Review         Review                Review

     Minor - final plat        Approve        Review                Review

    Major - informal plan     Review         Review                Review

    Major - preliminary plat  Review         Review                Review  Approve

Major - construction plans    Review         Approve               Review

Major - surety Approve Review Review Approve Major—final plat Review Approve Review

Streets and/or utilities shall not be accepted for maintenance until the approved final plat has been recorded with the Clerk of Superior Court of Fayette County, Georgia.

Until property to be subdivided has received final plat approval and has been recorded in accordance with the provisions of this section, the subject land shall be considered as one tract, or as otherwise legally recorded.

No person shall sell, advertise, or offer to sell, by deed, map, plat, or other instrument, any parcel of land not subdivided under the requirements of this section. It shall be unlawful for any person to transfer or sell land by reference to, or by exhibition of, or by other use of, a plat of a land subdivision that has not been approved and recorded in accordance with the requirements of this article and this UDO. The description of such land by metes and bounds in the instrument of transfer shall not exempt the transaction.

Sec. 315.10. 13. Reserved.

DIVISION 3. REVIEW PROCEDURES.

Sec. 315.14. Common review provisions.

Sec. 315.15. - 18. Reserved.

DIVISION 4. SUBDIVISION TYPES.

Sec. 315.19. Subdivision types and review standards.

Varying levels of subdivision reviews are hereby established, depending on the scale of the subdivision and potential impacts it may have on the community and immediate surroundings. This section defines the parameters under which varied levels of subdivisions will be required and defines the review authority, as follows:

Sec. 315.20. Lot combination.

A lot combination includes the relocation and/or removal of an existing lot line separating two or more lots or the combination of one of more lots, provided:

The UDO Administrator is authorized to grant a modification from the two lot maximum exemption.

Modifications shall not be granted to exceed a total of four exempt lots. The UDO Administrator may impose conditions of approval upon any modification thus granted as may be necessary to ensure the general public welfare.

Each new lot established may not be re-subdivided for a period of at least two calendar years unless it complies with the provisions described herein.

Sec. 315.21. Boundary line adjustment.

A boundary line adjustment includes relocating one or more lot lines separating legally conforming lots located within the same subdivision, or one or more lot lines between abutting lots or parcels. The boundary line adjustment is administered through the final plat revision process and requires review and approval of the UDO Administrator before recording the revised plat.

In the case where a final plat for the subject lots or parcels does not exist, a boundary survey of the lots involved in the boundary line adjustment shall be submitted to and approved by the UDO Administrator prior to recording. The final plat showing the boundary line adjustment shall be titled with the same name as that of the original subdivision and shall indicate the replat is for the purpose of adjusting the lot lines between specific lots.

Sec. 315.22. Exempt subdivision.

The following types of subdivisions, transfers, and sales are specifically exempted from the plat approval requirements of this article, provided that such exemptions shall not apply to land disturbance requirements and improvement requirements of this article:

Sec. 315.23. Minor subdivision.

Because minor subdivisions do not involve the construction of a new public or private street and are limited to no more than four new lots, they are processed administratively by the UDO Administrator as final plat applications that do not require preliminary plat or construction plan approval. Any minor improvements to an existing public street abutting the tract proposed for minor subdivision, or the installation of utilities along the existing public street, shall not subject the minor subdivision to the requirements for a major subdivision as specified in this section.

Plans and associated documents shall be submitted in accordance with Sec. 104.8. to the UDO Administrator in a quantity and format as specified by the city. Each application shall comply with the submittal requirements maintained by the Community and Economic Development Department, including the applicable submittal fee.

The UDO Administrator shall review the submittal documents for compliance to the rules and regulations of this article and all applicable provisions of this article. Comments from other city departments will be requested, as applicable. A staff report containing the findings shall be prepared and provided to the subdivider.

Sec. 315.24. Major subdivision.

Major subdivisions are land developments that consist of one or more of the following:

Subdivisions proposals not qualifying as a minor subdivision shall be processed in the following manner:

Approval of the preliminary plat and construction plans shall be completed prior to making any street improvements or installing utilities. Lots within the proposed subdivision shall not be sold until final plat approval has been received and the subdivision has been duly recorded.

Refer to Sec. 104.8.B.1. of this UDO.

Sec. 315.25. Preliminary plat.

The applicant is responsible for compliance with all codes, regulations and zoning requirements and for the satisfaction of all the noted and written comments.

The UDO Administrator may not administratively approve any preliminary plat that contains a lot or other feature that would clearly require a variance in order to be reasonably usable, whether due to the presence of an unusual configuration, zoning compliance, lack of public utilities, or for any other reason.

Preliminary plat approval shall remain in effect for a period of 12 consecutive months after which time it will become null and void, unless an extension of time request has been submitted to the UDO Administrator for approval by the Planning and Zoning Commission. Only one extension for another period not to exceed twelve months may be approved by the Planning and Zoning Commission. The development must satisfy any changes to this article that may have been instituted since the first date of approval.

The approval of a preliminary plat by the city shall not be deemed to constitute or affect an acceptance by the city of any street or other ground shown upon the plat.

Notwithstanding project approval or conditional project approval, no improvements are authorized before approval of construction plans by the UDO Administrator as set forth herein. Improvements must be installed according to construction plans as approved.

Appeals of denials and appeals from conditions recommended by the Planning and Zoning Commission, the UDO Administrator or from city staff shall be heard by the Mayor and City Council in accordance with the appeal procedures identified within Sec. 104.18. of this UDO.

Sec. 315.26. Construction plans.

Refer to Sec. 104.8.B.2. of this UDO and the city’s Development Review Guidebook as kept on file in the Community and Economic Development Department and available on the city’s website.

Sec. 315.27. Land disturbance and grading permit.

Refer to Sec. 104.8.B.2. of this UDO and the city’s Development Review Guidebook as kept on file in the Community and Economic Development Department and available on the city’s website.

This inspection shall take place within five working days of the request.

Revisions to an approved land disturbance and/or grading permit may be approved by the UDO Administrator following review by applicable internal and external agencies consistent with this article.

A land disturbance and/or grading permit remains valid for the duration of the project subject to the following time restrictions:

A land disturbance and/or grading permit shall expire 60 calendar days from date of issuance or the latest approval of permit revisions. The city will issue a written notice of expiration to the applicant and require that comments be addressed, or that a permit be obtained within 30 days of issuance of the notice of expiration.

The UDO Administrator is authorized to grant, in writing, an extension of a land disturbance and/or grading permit for a period not more than 180 calendar days, subject to the qualifying conditions set forth in this article. An extension request must be submitted to the UDO Administrator a minimum of 30 calendar days prior to the expiration of the permit. No more than one 180-calendar-day extension per land disturbance and/or grading permit may be granted for any of the qualifying conditions set forth herein.

Sec. 315-28. Final plat.

The final plat of a subdivision presents an accurate depiction of the layout of the subdivision that has been constructed so that it can be properly recorded and then used as a permanent reference for the sale of the property included within the subdivision.

Refer to Sec. 104.8.B.2. of this UDO and the city’s Development Review Guidebook as kept on file in the Community and Economic Development Department and available on the city’s website.

Sec. 315-29. - 32. Reserved.

DIVISION 5. INSPECTION AND WARRANTY PROVISIONS.

Sec. 315-33. Dedication and acceptance of public improvements.

After final plat approval and completion of all required improvements, the developer shall offer all required improvements to the city as a dedication, as follows:

and

No improvements in any subdivision shall be accepted or approved unless the developer warrants and maintains those improvements for a period of three years after acceptance.

Two years after the date of acceptance of any public improvements in any subdivision, the developer shall request, in writing, an additional inspection of the improvements to be made. If the improvements are found not to be maintained up to specifications, as required by the approved construction plans and city’s Development Review Guidebook, the developer shall be notified in writing of such deficiencies.

After correction of any deficiencies, the developer shall again offer the improvements for inspection. If there are no deficiencies found, the city shall notify the developer and shall release an additional 20 percent of the developer’s bond, cash deposit or irrevocable letter of credit.

Three years after the date of acceptance of any public improvements in any subdivision, the developer shall request, in writing, an additional inspection of the improvements to be made. If the improvements are found not to be maintained up to specifications, as required by the approved construction plans and city’s Development Review Guidebook, the developer shall be notified in writing of such deficiencies.

After correction of any deficiencies, the developer shall notify the city of such corrections and offer the improvements for inspection. If there are no deficiencies found, the city shall notify the developer and shall release the balance of developer’s bond, cash deposit or irrevocable letter of credit.

The city shall not accept, lay out, open, improve, grade, pave or light any street or lay any utility lines in any street which has not attained the status of a public street, unless such street corresponds to the street location shown on an approved subdivision plat or on an official street map adopted by the Mayor and City Council. However, the city may accept, lay out, open and improve any street not so platted if it first submits such proposed action to the Planning and Zoning Commission for its review and comment.