Forsyth County › Unified Development Code

Chapter 18 — Subdivisions and Land Development, Article 1 — PURPOSE AND ADMINISTRATIVE PROVISIONS

current as of 2026-04-02currency checked manuallyOfficialofficial source ↗8 sections · full chapter

§ 18-1.1

Title.

These regulations shall be known and may be referred to as the subdivision, and land development regulations of Forsyth County.

§ 18-1.2

Purposes.

This chapter is adopted with the following purposes:

(A)To promote the orderly, planned, efficient, and economic development of the unincorporated portions of Forsyth County and to guide future growth in accordance with the Comprehensive Plan.

(B)To ensure that lands subdivided are of such character that they can be used for building purposes without danger to the health or safety of its residents, and to secure safety from fire, flood, or other menace.

(C)To prevent the pollution of air, streams, and ponds; to encourage the wise use and management of natural resources throughout the unincorporated portions of Forsyth County, and to preserve the topography and beauty of the community and the value of land.

(D)To ensure the proper provision of improvements such as drainage, water, sewerage, and capital improvements such as schools, parks, playgrounds, recreational facilities, and transportation facilities.

(E)To provide for open spaces through the most efficient design and layout of the land.

(F)To establish procedures for the subdivision and re-subdivision of land in order to further the orderly development of land.

(G)To provide for the proper monumenting of subdivided land and proper legal descriptions.

(H)To help eliminate the costly maintenance problems which develop when streets and lots are established without proper consideration given to various public purposes.

(I)To facilitate and inform lot purchasers who generally lack the specialized knowledge needed to evaluate subdivision improvements and design.

(J)To offer protection of natural resources through required buffers and undisturbed areas that minimize land disturbance and protect existing vegetation while allowing for the removal of non-native, invasive species at the discretion of the county arborist.

(K)To accommodate low-impact stormwater best management practices, where appropriate to improve water quality and infiltration.

§ 18-1.3

Authority and Delegation.

These regulations are adopted pursuant to powers vested in counties by the State of Georgia Constitution and pursuant to state administrative rules for the adoption and implementation of Comprehensive Plans and the protection of vital areas of the State. The Board of Commissioners is vested with the authority to review, approve, conditionally approve, and disapprove sketch plats, and to grant variances from the requirements of chapter 18 and chapter 19 of this Code when applications for variance(s) are submitted simultaneously with a sketch plat application and pertain to the same property as the sketch plat application.

The Director of Planning and Community Development is vested with the authority to review, approve, conditionally approve or disapprove final plats of minor subdivisions and minor re-subdivisions, lot combination plats, lot line adjustments, dedication plats, construction plans and final plats of major subdivisions when such sketch plat approval of construction plans has been obtained.

The Director of Planning and Community Development shall also be authorized to review major subdivisions and major re-subdivisions for conformity to the requirements of this Code, and to make reports and recommendations to the Planning Commission on major subdivisions and major re-subdivisions, and to administer, interpret, and enforce the provisions of this chapter. The Director of Planning and Community Development shall further be authorized to administratively approve variances where expressly authorized in this Code. The Director of Engineering is vested with the authority to require and approve improvements and improvement guarantees specified in this chapter.

§ 18-1.4

Applicability and Prohibitions.

(A)The subdivision regulations of Forsyth County shall apply to all real property within unincorporated Forsyth County, but specifically excluding the subdivision of property as outlined in Section 18-1.5, "Exemptions."

(B)Effect of prior subdivision regulations. At the subdivider's request, a plat that received preliminary approval under prior subdivision requirements may be processed through the final plat process under such requirements.

(C)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 chapter.

(D)No plat of land subdivision shall be entitled to be recorded in the Office of the Clerk of the Superior Court of Forsyth County, and it shall be unlawful to record such a plat of land subdivision, unless and until it shall have been approved in accordance with the requirements of this chapter.

(E)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 chapter. The description of such land by metes and bounds in the instrument of transfer shall not exempt the transaction.

(F)No person shall commence construction of any improvements on any land, prior to the approval of construction plans and engineering plans for said improvements.

(G)No building permit or certificate of occupancy shall be issued for a building, structure, or use, nor shall any excavation, grading, or land disturbance applications be approved, on any parcel of land created by subdivision after the effective date of this Code that has not been approved in accordance with the provisions of this Chapter.

(H)No land dedicated as a public street or for other public purpose shall be opened, extended, or accepted as a public street or for other purpose unless such improvements are constructed in accordance with the specifications of this chapter and formally approved and accepted as public improvements by the Board of Commissioners.

(I)No street or road will be accepted for maintenance by the County unless the property owner(s) first constructs the road to County standards.

§ 18-1.5

Exemptions from Plat Approval.

The following types of land divisions, transfers, and sales are specifically exempted from the plat approval requirements of this chapter; provided, however, that such exemptions shall not apply to land development requirements of this Chapter, and such exemptions shall not require the County to issue permits should the resulting lots or parcels not meet applicable requirements of this Code.

(A)The creation and sale of cemetery plots.

(B)The sale of lots consistent with previously approved and recorded plats or deeds.

(C)The creation of leaseholds for space within a multiple-occupancy building or the division of property into leaseholds for commercial, industrial, or institutional use.

(D)The creation of leaseholds for the agricultural use of property where the use does not involve the construction of a building to be used as a residence or for other purpose not directly related to agricultural use of the land or crops or livestock raised thereon.

(E)Any division of land to heirs through a judicial estate proceeding, or any division of land pursuant to a judicial partition, or any division of land occurring from the foreclosure of a deed of trust.

(F)Dedication plats prepared for the sole purpose of conveying right-of-way for a public street or highway to Forsyth County, the City of Cumming, or the State of Georgia; provided, however, that such road right-of-way dedication plat shall bear the signature of the Director of Engineering prior to its recording.

§ 18-1.6

Variances.

Repealed 3-26-01.

§ 18-1.7

Appeals.

Any person aggrieved by an interpretation or decision of the director, Director of Engineering, or Director of Water and Sewer, or other official responsible for the administration of this chapter may file an appeal to the Forsyth County Zoning Board of Appeals.

§ 18-1.8

Enforcement, Violations, and Penalties.

The Director of Planning and Community Development shall enforce the provisions of this chapter. The director is authorized to issue stop-work orders and issue citations for violations of this chapter. If it is discovered that a plat was recorded but was not eligible for recording under the provisions of this chapter, then in such an event the director shall cause to be filed a notice of revocation of approval of said plat in the Clerk's Office, Forsyth County Superior Court, with cross reference noted on the plat to the filed revocation, in a form to be approved by the County Attorney. In addition to remedies associated with violations to this Code, the director may institute proceedings to obtain injunction, abatement, or any other appropriate action or actions, to prevent, enjoin, or abate such unlawful action.

ARTICLE II, GENERAL PROVISIONS: