Forsyth County › Unified Development Code

Chapter 18 — Subdivisions and Land Development, Article 5 — REQUIRED IMPROVEMENTS

current as of 2026-04-02currency checked manuallyOfficialofficial source ↗25 sections · full chapter

§ 18-5.1

Required Improvements.

Each subdivider, and each developer of a lot that abuts a public street, shall be required to submit plans and make the improvements required by this chapter in accordance with the established rules and procedures in this article and the Forsyth County Engineering Department's Construction Standards and Specifications or as otherwise adopted by the Forsyth County Engineering Department. No subdivision plat shall be granted final approval, and no certificate of occupancy for any building shall be granted, until the improvements required of that subdivision or land development have been installed.

§ 18-5.2

Improvements Mandatory.

Every subdivider/developer shall be required to make the improvements in accordance with the specifications herein and otherwise adopted by Forsyth County.

§ 18-5.3

Plans Required.

No person shall construct or install any public or private utilities or improvements required by this chapter without first obtaining County review and approval of engineering plans, profiles and specifications therefor.

§ 18-5.4

Engineered Drawings.

Engineering drawings for public streets, including cross sections and centerline profiles, and public and private water, sewer, and utility systems, certified by a professional engineer registered in the State of Georgia, or if authorized under state law, a registered land surveyor, or professional landscape architect, shall be required to be submitted for review and approval, and such plans must meet the requirements of the Forsyth County, Georgia, Construction Standards and Specifications and applicable provisions of this Code. Prior to approval and recording of a final plat, a registered land surveyor or professional engineer for the subdivider/developer shall submit one copy of all finished, as-built plans of improvements, demonstrating that said improvements, as installed, meet the requirements of this chapter and certifying that the plans accurately reflect actual construction and installation. The Director of Engineering shall maintain all as-built street and utility plans for future use by the County.

§ 18-5.5

Survey Monuments for Subdivisions.

For all subdivisions, a Georgia registered land surveyor shall install permanent survey monuments at all property corners and land lot lines. Lot corners shall be marked with metal rods not less than 1/2" in diameter and 18" in length and driven so as to be stabilized in the ground.

(A)Permanent survey monuments shall also be installed in accordance with the most recent edition of Section 180-5-.05 Monument Rules of State Board of Registration for Professional Engineers & Land Surveyors and the Georgia Plat Act (O.C.G.A. 15-6-67) as may be amended from time to time.

(B)A completed monument description along with survey coordinate data will be submitted to the Geographic Information Office (GIO). Station descriptions will be submitted in a digital format compatible with County systems.

(C)The two primary stations as referenced in Section 180-7-.05 Monument of the Rules of State Board of Registration for Professional Engineers and Land Surveyors will be provided in latitude and longitude and in State Plane Coordinates, DATUM NAD 83, and are to include a Z-value (elevation).

(D)The two primary stations will be a minimum of thirty-six inches (36") deep and twelve inches (12") in diameter, placed in poured concrete.

§ 18-5.6

Streets.

All streets required to be constructed as part of a major subdivision process, or as required to be improved as part of a minor subdivision or land development, shall be constructed and improved, including pavement, in accordance with the standards and specifications for street construction as required by current Forsyth County, Georgia, Construction Standards and Specifications of the Department of Engineering and as provided by this Code.

§ 18-5.7

Street Signs.

Signs for street names, directions of travel, traffic control, and hazards shall be provided as directed by the Director of Engineering. Unless otherwise approved by the Director of Engineering, street signs shall be installed in accordance with current County Engineering Standards.

§ 18-5.8

Curbs and Gutters.

The Director of Engineering may require curbs and gutters where in his/her opinion, curbs and gutters are considered essential to adequately handle storm drainage and allow for the placement of underground utilities. Where required, curbs and gutters shall be installed in accordance with Forsyth County Construction Standards and Specifications. All streets and roads not using the curb and gutter design described in the Construction Standards and Specifications must meet all construction and drainage standards for ditches, slopes, and grassing and which shall be guaranteed for a minimum of three years.

§ 18-5.9

Sidewalks, When Required.

Sidewalks shall be provided in accordance with the Forsyth County Comprehensive Plan.

§ 18-5.10

Sidewalks, Location.

Sidewalks shall parallel the street pavement as much as possible, but the Director of Engineering may permit sidewalks to be designed and constructed so that they meander around permanent obstructions or deviate from a linear pattern for design purposes.

§ 18-5.11

Improvements on Abutting Public Streets.

Where a major or minor subdivision abuts and accesses a public street, the subdivider shall install curb and gutter, sidewalk, other road improvements, and a deceleration lane according to standards and specifications of the County as required by the Director of Engineering.

Where a land development abuts and accesses a public street, the land developer shall install curb and gutter, sidewalk, other road improvements, and a deceleration lane according to standards and specifications of the County as required by the Director of Engineering.

§ 18-5.12

Reserve Strips.

Reserve strips controlling access to streets shall be prohibited except under conditions accepted by the County.

§ 18-5.13

Grading.

All trees, brush, stumps, rocks, or other debris shall be cleared from the street right-of-way, except in cases where trees are required to be preserved by the director in a manner acceptable to the Director of Engineering. All streets shall be graded to lines and grades as to comply with current County standards.

§ 18-5.14

Drainage System.

An adequate drainage system, including necessary open ditches, pipes, culverts, intersectional drains, drop inlets, bridges, etc., shall be provided for the proper drainage of all surface water. Cross -drains shall be provided to accommodate all natural water flow, and shall be of sufficient length and no less than twenty (20) feet of the top of the stream bank to permit full-width roadways and the required slopes. Drainage shall also be designed in accord with Ordinance No. 75 (Stormwater Management Ordinance), the Georgia Stormwater Management Manual and the Forsyth County Addendum that provides the County with the authority to manage drainage. If there exists a conflict between this paragraph and Forsyth County’s stormwater management regulations, the stricter stormwater requirement shall control.

§ 18-5.15

Drainage Easements and Riparian Buffers.

Where an irrigation ditch or channel, natural creek, stream or other drainage way crosses a subdivision or land development, the subdivider or developer shall provide an easement sufficient for drainage and maintenance. Easements shall be provided for all drainage facilities as approved by the Director of Engineering. When a subdivision or land development is traversed by a watercourse, drainage way, channel, or intermittent stream, a stormwater or drainage easement of at least twenty (20) feet shall be provided.

§ 18-5.16

Water Main Requirements.

Water mains within major and minor subdivisions must be provided with connections to each lot in the subdivision and each land development, except as otherwise specifically provided.

Minimum diameter of water pipes shall normally be eight (8) inches. If road widening is required as part of the project, such as addition of a left turn lane or deceleration lane, any necessary water main relocation (as determined by Forsyth County) will be done at the developer’s expense. Where a subdivision or development is planned on a road that does not have existing County water, and County water is extended to serve the property, or when an upsized County water line is extended to serve a development, then the water main shall be extended along the entire frontage of the property where abutting County right-of-way.

§ 18-5.17

Water System Requirements.

If a County and/or municipal water supply is not available to the subdivision at the time of constructing improvements for a subdivision or land development, then the subdivider or developer shall provide an adequate water source and an adequate water storage facility. Any community (subdivision) water system shall be approved by and constructed in accordance with the most current Forsyth County Water & Sewer Department Standards. The community (subdivision) water system plan shall also be approved by the Forsyth County Health Officer and a Letter of Approval from the Georgia Department of Natural Resources shall accompany the final plat application; provided, however, that in any minor or major subdivision containing not less than one (1) acre, a community water system need not be installed if the final subdivision plat contains thereon a notation that no such community water system is to be installed. This exception applies only to those major or minor subdivisions in which the lots are all greater than one (1) acre, and each lot is to be served by an individual groundwater well. In this situation, a groundwater well must be approved by the Forsyth County Health Department prior to issuance of a building permit for the lot. No building permit shall be issued within a subdivision or for the development of land, if there is not present throughout the subdivision or the land development an adequate water supply served by a County or municipal service system or by a water authority, unless and until the developer installs a proper water supply system and delivers to the Department of Planning and Community Development a certificate by the Georgia Department of Natural Resources certifying that the water system meets all applicable standards.

§ 18-5.18

Sewage System.

The sewage disposal options available to each subdivision and land development shall be limited to: (a) Public Sewer; (b) Existing Private Sewage Treatment Plant with Sufficient Capacity; or (c)

Private On-Site Sewage Disposal Systems. In every instance where Public Sewer is available it shall be the sole sewage disposal option, and each house, building or property used for human occupancy, employment or other purposes shall be required to connect to and utilize Public Sewer. The availability of Public Sewer shall be deemed to exist when any portion of the development is within 5000 feet of a Public Sewer line and the Public Sewer line can accommodate the anticipated effluent load. The five-thousand (5000) feet requirement applies to development that is within five-thousand (5000) feet of an existing sewer line or sewer line under construction when measured along the gravity route from the property line. The five-thousand (5000) feet requirement does not apply to existing developments on septic where the existing septic system is adequate for the expanded or remodeled facility or home.

The installations necessary for sewage disposal shall be installed by and at the expense of the sub-divider, land developer, or lot purchaser, in conformity with the requirements of the Forsyth County Health Department and existing policies, regulations, standards and ordinances approved by the Board of Commissioners.

(A)Exemptions. An exemption to the Public Sewer connection requirement may be granted if a development meets certain criteria as defined in this section.

1.For residential subdivisions composed of twenty-five (25) lots or less or stand-alone single houses, a variance can be granted by the Director of Water & Sewer when the gravity flow distance exceeds two-hundred (200) feet per residential lot or unit measured from the property line.

2.For all non-residential development, a variance can be granted by the Director of Water & Sewer when the distance exceeds two-hundred (200) feet per residential equivalent. One residential equivalent is equal to two-hundred and seventy (270) gallons of sewer capacity.

3.Additional Requirements that may be imposed in the reasonable discretion of the Director of Water & Sewer.

(a)An entire property will be evaluated for potential development needs and shall not be allowed to subdivide into smaller units to avoid extending to sewer.

(b)Any development granted a variance shall note in its’ covenants that sewer connection will be required if and when gravity sewer is established within two-hundred (200) feet of the property per the Forsyth County Health Department’s ruling and all costs, including tap fees, to make the connection, will be at the property owner’s expense.

(c)Any proposed development consisting of more than one house or business that is granted a variance shall install “dry” sewer within the development to provide future service to each lot or potential customer connection. The “dry” sewer will be installed in the streets, or in other locations approved by the Department of Water & Sewer. Each potential service connection will be served by a 6” lateral. The sewer will extend to the downstream portion of the development, and terminate at a location and invert elevation to be approved by the Director of Water & Sewer. All sewer infrastructure will be installed and tested in accordance with Forsyth County specifications.

(B)Sewer Variance. The variance limitations of Chapter 8 notwithstanding, in the event there exists no available Public Sewer or Existing Private Sewage Treatment Plant with Sufficient Capacity, and utilization of a Private On-site Sewage Disposal System is not feasible, a sewer variance may be requested that, if granted, will authorize the collaborative public/private financing, design, construction, and operation of a Public Sewer facility.

1.Pre-Application Meeting with Water and Sewer Department. Prior to submittal of an application for a sewer variance, a pre-application meeting shall be conducted with the Director of the Water and Sewer Department, or his designee, to discuss each of the criteria set forth in (A)(5)(a-j) of this section. In addition to those enumerated items, the proposed design of the public sewer facility, anticipated financing of the proposed public sewer facility, anticipated capacity and proposed construction time-line shall also be discussed. Within ten (10) business days of the meeting, the Water and Sewer Department shall issue a memorandum providing a preliminary recommendation in favor of or in opposition to the proposed sewer variance. This memorandum shall be included as part of the sewer variance application filed with the Planning and Community Development department. A sewer variance application unaccompanied by such a memorandum shall not be accepted for filing. (Note: A recommendation in favor of or in opposition to a proposed sewer variance shall not be dispositive of whether a variance will be granted or denied).

2.Application Requirements. In addition to the Water and Sewer memorandum identified in section (A)(1), an applicant for a sewer variance shall also provide all information required in the sewer variance application form as well as a written letter explaining the grounds upon which such variance is requested and should be granted. Such letter must specifically address and provide information pertinent to the criteria for granting sewer variances as specified in (A) (5) (a-j) of this section.

3.Public Hearing. All applications for a sewer variance shall require public hearings and notice as specified in the applicable provisions of Chapter 8 of this Code.

4.Who Considers variances – Variances under this section shall be reviewed as provided in Section 8-3.2 of this Code.

5.Criteria to Consider for Variance Applicants. The applicant for any sewer variance shall provide written justification as to why the standard sewer or waste disposal options present a hardship. The Zoning Board of Appeals, Planning Commission, and/or Board of Commissioners as the case may be shall make a decision on each sewer variance based on the following criteria.

(a)The feasibility of utilization of Private On-site Sewage Management Systems;

(b)The financial feasibility of a Public Sewer facility at the proposed location;

(c)The proximity to the subdivision or development to Existing Private Sewer Treatment Plant or Public Sewer;

(d)The estimated period of time before Public Sewer will become available to the subdivision or development, in accord with the Forsyth County Master Sewer Plan;

(e)Whether a Public Sewer facility at the proposed location would be incompatible with Forsyth County’s Master Sewer Plan;

(f)The anticipated additional demand and/or burden on existing infrastructure (i.e., roads, schools, fire services, etc.) that will be generated by the proposed subdivision or development;

(g)Whether a Public Sewer facility at the proposed location would assist Forsyth County in achieving those water reuse and return objectives established by pertinent state and local regulatory authorities;

(h)Whether the sewer variance, if granted, will be detrimental to the public safety, health, or welfare of the public or injurious to other property;

(i)Whether the conditions upon which the sewer variance request is based are unique to the subdivision or development for which the relief is sought and are not applicable generally to other subdivisions or developments; and

(j)Whether, because of the particular location, physical surroundings, environmental considerations, archaeological or historical considerations, shape, size, or topographical conditions of the specific subdivision or development involved, an extraordinary hardship, environmental or health hazard would result, as distinguished from a mere inconvenience, if available sewer options are utilized.

6.Variance Decision. A variance application submitted as part of a rezoning request shall be considered and decided coterminous with the rezoning application. A variance application not submitted as part of a rezoning request shall have a decision rendered within 180 days from the date the application is submitted. If no decision is forthcoming within 180 days, then the sewer variance shall be deemed granted, per the application.

7.Review of Variance Decisions. Review of Variance Decisions under this section shall be conducted consistent with Chapter 8, Article VIII of this Code.

(C)Granting of a Sewer Variance. In the event a sewer variance is granted, the applicant and County representatives shall promptly meet and develop plans for a collaborative sewer collection, treatment and disposal system which shall be built in accordance with Forsyth County design specifications, and titled, owned and operated by Forsyth County or its designee. As part of this collaborative effort, the County and the applicant shall meet and formulate a strategy for the (1) financing of the sewer plant, if applicable, (2) remuneration of sewer financing expenses to the applicant, if applicable, (3) capacity allocations, (4) competitive bid criteria, (5) time-line for commencement of construction, (6) permitting issues, and (7) any other matters necessary and pertinent to the construction and financing of the Public Sewer. Adherence to Forsyth County design specifications with respect to the Public Sewer facility shall not be a negotiable item.

(1)Disputed Terms. If, after good faith attempts are exhausted, the County and the applicant are unable to reach resolution on any or all of the terms of a collaborative agreement to construct a Public Sewer facility, a three member panel shall be assembled to consider and resolve disputed terms.

The County and the applicant shall jointly prepare a statement indicating those terms that are agreed upon and those terms that are disputed. This statement shall be provided to the panel. More than one panel may be assembled if the disputed terms encompass multiple subject areas requiring panels with varied expertise.

(2)Panel Membership. One member of the panel shall be a qualified professional chosen by the applicant; one member of the panel shall be a qualified professional chosen by the County. The third member shall be a qualified professional chosen by both the County and applicant-appointed panel members. The panel shall consider the variance application, documentation on file as part of the variance process, and the joint statement by the County and applicant, and shall issue a decision resolving the disputed terms within thirty days of assembly. A majority of the panel must resolve disputed issues. The decision of a panel shall be final.

(3)Contract formation. Upon receipt of the panel(s)’ decision, the County and the applicant shall enter into an agreement for the construction of a Public Sewer facility incorporating the terms mutually agreed upon and/or as resolved by the panel. This contract shall be subject to approval by the Forsyth County Board of Commissioners, which approval shall not be unreasonably withheld or delayed.

(4)Withdrawal. At any time prior to execution of the contract identified above, the applicant shall be permitted to withdraw the request for a collaborative Public Sewer agreement. In the event of withdrawal, no party may make a renewed sewer variance request involving the same property for a period of one (1) year.

(5)Appeal. In lieu of withdrawal, an applicant may, within 30 days of a panel decision, appeal to the superior court to determine whether the panel decision was the product of (1) corruption, fraud or misconduct, (2) an overstepping by the panel of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made; or (3) a manifest disregard of the law.

§ 18-5.19

Water Impounding Structures.

The minimum design standards and specifications for any proposed dam or water impounding structure within the subdivision shall be the criteria used in the "Georgia Safe Dams Act of 1978" (Ga. Code Ann. Section 12-5-370, et.seq. as may be amended from time to time) and all current standards, as applicable and as required by the Director of Engineering. Any existing structure within a proposed subdivision shall be brought structurally in line with the standards and specifications stated herein prior to final plat approval. The design, plans and specifications must be prepared by a qualified professional engineer, and be reviewed by the Director of Engineering. This in no way relieves the developer of any liability for damages directly or indirectly related to any water impounding structure throughout the life of such structure. Water impounding structures shall be installed in accord with Ordinance No. 75 (Stormwater Management Ordinance), the Georgia Stormwater Management Manual and the Forsyth County Addendum that provides the County with the authority to manage water impounding structures. If there exists a conflict between this paragraph and Forsyth County’s stormwater management regulations, the stricter water impoundment requirement shall control.

§ 18-5.20

Oversizing of Improvements and Utilities.

The subdivider or land developer shall construct such oversized improvements the Director of Engineering determines are necessary, provided that the subdivider shall not be obligated for the additional cost of improvements and utilities that are not uniquely required for that development, and provided the subdivider agrees to a proposal by the Director of Engineering to share in the cost arrangements for over-sizing improvements. A formula may be developed by the County to provide for a sharing of the cost of other improvements needed to serve the subdivision when certain of the improvements are necessary to serve other developments in the vicinity.

§ 18-5.21

Fire Flow and Fire Access.

Fire hydrants with appropriate water pressure at appropriate intervals throughout the subdivision or to a land development shall be provided by the subdivider or land developer as required by the County Fire Department. Minimum required fire flows are 750 GPM for residential and 1,500 GPM for commercial/industrial unless otherwise specified by the Fire Chief or his designee. Residential fire flow shall be no less than 1,000 GPM when the distance between structures is less than 20 feet. Fire lanes shall be provided as required by the County Uniform Fire Code and where necessary to protect the area and provide emergency access.

§ 18-5.22

Subdivision Improvement Guarantees.

In order to protect the County and prospective purchasers of and residents in a subdivision, the subdivider/developer shall provide to the County financial security to guarantee the installation of public improvements. The subdivider's or developer's financial guarantee may be any of the following: (1) An escrow of funds with the County; (2) An escrow with a bank or savings and loan association upon which the County can draw; (3) An irrevocable letter of commitment or credit upon which the County can draw; (4)

A performance bond for the benefit of the County upon which the County can collect; (5) A certificate of deposit with assignment letter; and (6) Any other form of guarantee approved by the Board of Commissioners that will satisfy the objectives of this section. The guarantee shall be in an amount to secure the full costs, as determined by the County, of constructing or installing the improvements and utilities required. All drainage facility construction shall be guaranteed for a minimum of three (3) years.

§ 18-5.23

Maintenance of Common, Non-Public Facilities.

Where the subdivision has an incorporated property owner's association for management, the title of all common areas, drainage easements and amenities areas not accepted for dedication to the public shall be conveyed to the association for management and maintenance upon the earlier of (1) when management of the subdivision is transitioned from the developer to a property owners’

association or like entity, or (2) at the time of final build out of all residential units. This language shall not place an affirmative obligation on the county to monitor the transfer of title of common areas, drainage easements and amenity areas; but shall authorize county action and enforcement in the event of reported failures of compliance. Where a property owners' association is not incorporated, deed restrictions shall be recorded and referenced on the final subdivision plat. Inspection and Maintenance of these facilities shall be monitored in accord with the Forsyth County Addendum to the Georgia Stormwater Management Manual, Section 4.2.2. If there exists a conflict between this paragraph and Forsyth County’s stormwater management regulations, specifically including Section 4.2.2 of the Addendum, the stricter inspection and maintenance obligations shall control.

§ 18-5.24

Utilities.

Electric power lines, telephone lines, cable telephone line, fiber optic cable, and similar utilities shall be underground.

§ 18-5.25

Common Mailbox Facilities.

Common mailbox areas must include a roofed area to provide shelter to the patron from the elements. Such structures are exempt from setback requirements as noted in section 10-1.15(D).

ARTICLE VI, APPLICATION REQUIREMENTS AND PROCEDURES: