Gainesville › Unified Land Development Code

Article 11 — Subdivisions and Land Development, Chapter 11-6 — LAND DEVELOPMENT PERMITS

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗24 sections · full chapter

§ 11-6-1

Land Development Permit Required

(a)A land development permit shall be required to authorize all activities associated with development activity, including, but not limited to, clearing and grubbing, grading, excavation, demolition, and the construction of such improvements as streets, surface parking areas and drives, stormwater drainage facilities, sidewalks, or other structures permanently placed on or in the property except for buildings, signs, or other structures requiring the issuance of a building permit. Any person seeking development activity on land within the city must have authorization from the property owner and shall first submit to the Community and Economic Development Department an application for a land development permit, including all civil design and construction drawings required by this chapter.

(b)A land development permit shall not be required for detached, fee-simple single-family dwellings and two-family dwellings (duplexes). All other forms of residential development, including but not limited to detached, single-family dwellings, townhouses, and multi-family developments shall require a land development permit.

§ 11-6-2

Types of Plans Required

Anyone seeking to engage in development activity on land in the city shall not commence or proceed until civil design and construction drawings are approved and a land development permit is issued by the Community and Economic Development Department.

The civil design and construction drawings for a project shall conform in all respects with the approved preliminary plat, if applicable, and all other requirements of this chapter. Applications for approval of civil design and construction drawings shall include each of the plans described in this chapter as appropriate to the project and summarized below (which shall not be considered limiting):

(a)Erosion and sediment control plan. Plans must be prepared to meet the erosion and sedimentation control requirements using best management practices under Chapter 12-1 and as required by this chapter. Conformance with the minimum requirements may be attained using design criteria in the latest edition of the Manual for Erosion and Sediment Control in Georgia, published by the state soil and water conservation commission as a guide; or using alternate design criteria which conform to sound conservation and engineering practices. The erosion and sediment control plan 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 stormwater management facilities, local ordinances and state laws and permits.

(b)Tree plan. A proposal for development or improvement of any tract of land shall include a tree protection plan as required by Chapter 13-3 and this chapter. Such plan shall be submitted to the city prior to any grading, bulldozing or other removal of existing vegetation that may affect the health of existing tree coverage.

(c)Stormwater management report. The location and size of all proposed drainage improvements shall be designed in accordance with and meet all standards relating to stormwater management as specified in Chapter 11-11 and elsewhere in this code, state laws and permits.

(d)Street improvement plan. When new streets, public or private, are provided, or when an existing public or private street is modified, a street improvement plan shall be provided. Such plan must demonstrate compliance with Chapter 11-8.

(e)Structural buffer plan. When a structural buffer is required by Chapter 13-1 or provided by the applicant, a structural buffer plan shall be submitted as a part of the land development permit application. Plans shall not be required for natural buffers, but natural buffers shall be shown on the grading plan and tree plan.

(f)Stream protection buffer plan. When a stream protection buffer is required by this code, a stream protection site plan shall be submitted as a part of the land development permit application. The site plan must demonstrate compliance with Chapter 12-3 and meet all standards relating to stream and water supply protection.

(g)Flood plain permit. When a flood plain permit is required by Chapter 12-2, a flood plain permit application shall be submitted as a part of the land development permit application and as provided in this chapter.

(h)Sewage disposal plan. Sanitary sewerage plans shall include profiles of all mains and outfalls, lift station and force main details, typical manhole construction details, and other information as may be required by the Director of Department of Water Resources. For projects to be served by decentralized wastewater systems, such plans shall show the location of the system, extent of drain field and attendant structures, location and results of percolation tests, and other information shall be shown as required by the Hall County Environmental Health Department.

(i)Domestic water supply plan. The domestic water supply plan shall depict all water system improvements, water mains, fire hydrants, valves and other appurtenances, and other information as may be required by the Director of Department of Water Resources.

(j)Grading. A grading plan showing existing and proposed contours within and immediately adjacent to the proposed land development. When new streets are involved in the land development they shall comply as applicable with Section 11-8-13 of this Code.

(k)Site design review. Unless accomplished independently, the application for land development shall include information sufficient to meet the requirements for site design review and approval as specified in Article 8 of this Code.

§ 11-6-3

Preparation by Professional

All civil design and construction plans and supporting studies shall be prepared by or under the supervision of a registered professional engineer and stamped by said registered professional engineer. All other maps, drawings and supportive computations required to be submitted by this article shall bear the signature/seal of a registered or certified professional in engineering, architecture, landscape architecture, land surveying or erosion and sediment control, as applicable to the type of plan submitted.

§ 11-6-4

Separate Requirements for Phased Applications

If the tract is to be developed in phases, then a separate land development permit or grading permit, or both if applicable, shall be required for each phase. Phases shall be consistent with the limits of disturbance. A copy of the phasing plan must be provided on all preliminary and final plats and should be consistent in size and number on every permit.

§ 11-6-5

Relationship of Permit to Plat Approval

See Section 11-4-2.

§ 11-6-6

General Application Requirements for Land Development

Permits No person shall conduct any land-disturbing activity within the city without first applying for and obtaining a land development permit from the Community and Economic Development Department to perform such activity. The application for a land development permit shall be submitted electronically to the Community and Economic Development Department through the city’s online permitting portal and must include the following:

(a)Application. A properly completed application requesting review for project approval.

(b)Civil design drawings and construction plans. An electronic copy of the applicable civil design and construction drawings, including the appropriate number of copies of an erosion and sediment control plan with supporting data, as appropriate to the proposed project, and any other plans specified by this article and applicable to the proposed development. Said plans shall include, as a minimum, the data and conformance to the specifications and standards specified in this chapter.

(c)Fee. Payment of all application and review fees, as established from time to time by the governing body.

§ 11-6-7

General Specifications for Drawings and Plans

Unless otherwise specifically provided, each certified civil design plan and construction drawing required to be submitted by this chapter shall at minimum conform to the following specifications:

(a)Graphic scale and north point or arrow indicating magnetic north.

(b)Vicinity map showing location of project and existing streets.

(c)Boundary line survey.

(d)Delineation of disturbed areas within project boundary.

(e)Plans and drawings shall show existing and planned contours for the property and all land within 50 feet of the proposed project boundaries, at a map scale of 1 inch = 100 feet or larger, with contour lines drawn with an interval in accordance with the following minimum contour intervals. The procedure or method used at arriving at the contour interval shall be indicated on the plans.

Ground Slope Contour Interval in Feet Flat 0 - 2% 0.5 or 1 Rolling 2 - 8% 1 or 2 Steep 8% + 2, 5, or 10

(f)Adjacent areas and features such as streams, lakes, residential areas, etc. which might be affected should be indicated on the plan.

(g)Proposed structures or additions to existing structures and paved areas.

(h)Delineate the required stream protection buffer width adjacent to state waters.

(i)Delineate the required horizontal greenway (buffer width) along designated trout streams, where applicable.

(j)A site location drawing of the proposed project indicating its location in relation to roadways, jurisdictional boundaries, overlay districts, streams and rivers, as well as the delineation of the 100-year flood plain and administrative floodplain (see Chapter 12-2), if existing, and the reference data used in making the 100-year or administrative flood plain determination.

(k)Computations, timing schedule and other supportive data required for review of the applicant’s plan.

§ 11-6-8

Specifications for Erosion and Sediment Control Plans

Erosion and sediment control plans shall meet the following minimum specifications, and also as provided in Chapter 12-1.

(a)Narrative or notes, and other information. Notes or narrative to be located on the site plan in general notes or in erosion and sediment control notes.

(b)Description of existing land use at project site and description of proposed project.

(c)Name, address, and phone number of the property owner.

(d)Name and phone number of 24-hour local contact that is responsible for erosion and sedimentation controls.

(e)Size of project, or phase under construction, in acres.

(f)Activity schedule showing anticipated starting and completion dates for the project.

Include the statement in bold letters, that "the installation of erosion and sediment control measures and practices shall occur prior to or concurrent with land-disturbing activities."

(g)Stormwater and sedimentation management systems-storage capacity, hydrologic study, calculations including off-site drainage areas and other information as may be needed to satisfy the requirements of this Article 11 and Article 12.

(h)Location of erosion and sediment control measures and practices using coding symbols from the latest version of the Manual for Erosion and Sediment Control in Georgia, chapter 6, and meeting the requirements of Chapter 12-1. Practices may include, but are not limited to:

(1)Construction exit.

(2)Sediment barrier.

(3)Sediment basin.

(4)Grassed waterway (open swale).

(5)Storm drain outlet protection.

(6)A plan for temporary and permanent vegetative and structural erosion and sediment control measures.

(i)Vegetative plan for all temporary and permanent vegetative practices, including species, planting dates, and seeding, fertilizer, lime and mulching rates. The vegetative plan should show options for year-round seeding.

(j)Detail drawings for all structural practices. Specifications may follow guidelines set forth in the Manual for Erosion and Sediment Control in Georgia.

(k)Maintenance statement. "Erosion and sediment control measures will be maintained at all times. Additional erosion and sediment control measures and practices will be installed if deemed necessary by on-site inspection."

(l)A description of the sediment control program and sediment control practices.

(m)An adequate description of general topographic and soil conditions of the tract as available from the Hall County Soil and Water Conservation District.

(n)A description of the maintenance program for sediment control facilities including inspection programs, vegetative establishment of exposed soils, method and frequency of removal and disposal of solid waste material removed from control facilities and disposition of temporary structural measures.

§ 11-6-9

Specifications for Tree Plans

Tree plans shall be required, which shall show the information specified in this section (for more detailed requirements see Chapter 13-3). Tree plans involving development of 5 acres or more shall be prepared by a registered landscape architect or registered arborist.

(a)The extent of the development site.

(b)All significant trees and all other trees 6 inches DBH or larger which will remain on the development site and be protected during construction; and trees less than 6 inches DBH that are submitted for credit as part of the required minimum tree units per acre of development site (not including land area covered by buildings).

(c)In heavily wooded areas that will not be disturbed, the plan may show only the boundaries of each stand of trees and a list of the number, size, and type (e.g., hardwood, softwood; deciduous, evergreen) of trees in each stand which are submitted for credit. An averaging method may be used for large tracts of tree save areas.

(d)Areas subject to other provisions of this Code regarding retention of undisturbed natural vegetative buffers shall also be shown.

(e)Locations of proposed and existing on-site utility lines and easements. Indicate areas where trees cannot be planted because of interference with:

(1)Existing or proposed utilities on public rights-of-way or on utility rights-of-way or easements, and

(2)Existing utilities on adjoining properties.

(f)Limits of land disturbance, clearing, grading, and trenching.

(g)Limits of tree conservation areas, showing trees to be maintained and planted, specifying type and size. Tree protective fencing shall be delineated and labeled on all sheets of plans/plats.

(h)Grade changes or other work adjacent to a significant tree or any other tree 10 inches DBH or larger which would affect it adversely, with drawings or descriptions as to how the grade, drainage, and aeration will be maintained around the tree.

(i)Tree protective fencing diagram or illustration.

(j)Planting schedule, if applicable.

(k)Requirements for landscaping, as specified in Chapter 13-2.

§ 11-6-10

Specifications for Stormwater Management Report and

Plans Stormwater management reports and plans shall be submitted and shall include all specifications of Chapter 11-11.

§ 11-6-11

Specifications for Street Improvement Plans

Street improvement plans shall demonstrate compliance with Chapter 11-8, and where private streets are involved, compliance with Chapter 11-9. Such plans shall include the following:

(a)Center line profiles and typical street sections at 50-foot intervals of all proposed streets. Profiles shall be drawn on standard plan and profile sheet with plan section showing street layout, pavement and right-of-way width, curvature, and required drainage facilities. Typical street sections shall be provided for street widenings.

(b)Where sanitary sewer or stormwater sewers are to be installed within a street, the grade, size, location and bedding class of pipe, and the location and invert elevation of manholes shall be indicated on the road profile.

(c)Center line profiles covering streets that are extensions of existing streets shall include elevations at 50-foot intervals for such distance as may be adequate to provide continuity consistent with the standards required by this Code for street improvements, but no less than 200 feet.

(d)All plan elevations shall be coordinated and sited into U.S. Coast and Geodetic Survey or state department of transportation benchmarks where feasible or into reference monuments established by the Federal Emergency Management Agency.

(e)A street striping and signage plan, showing improvements in accordance with the Manual on Uniform Traffic Control Devices, latest edition as published by the Federal Highway Administration, shall be prepared for any new street or street widened to four or more lanes.

§ 11-6-12

Specifications for Structural Buffer Plans

When required to be submitted by Chapter 13-1, structural buffer plans shall provide the following:

(a)All grading and construction details for earthen berms, walls and fences that are proposed as part of the visual screen.

(b)A planting plan showing the location and type of proposed plant materials.

(c)Typical cross-sections of the buffer illustrating the improvements proposed and typical location of vegetation. At least one cross-section shall be provided for each structural buffer.

§ 11-6-13

Stream Protection Buffer Plans

A stream protection buffer plan shall be submitted and shall include all specifications required by Chapter 12-3.

§ 11-6-14

Flood Plain Permit

If development or construction is proposed within or affecting an area of special flood hazard by Chapter 12-2, a flood area permit application shall be included with and reviewed along with a land development permit application. If a flood plain permit is required, the application shall also include the following:

(a)Elevation in relation to mean sea level of the proposed lowest floor, including basement, of all buildings;

(b)Elevation in relation to mean sea level to which any nonresidential building will be floodproofed;

(c)Certificate from a registered professional engineer or architect that the nonresidential floodproofed building will meet the floodproofing criteria in Chapter 12-2; and

(d)Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ 11-6-15

Administration

The Community and Economic Development Department is responsible for administering the review and approval process for issuance of land development permits.

§ 11-6-16

Review and Approval Process

The Director of Community and Economic Development, or their designee, is responsible for administering the review and approval process for land disturbance permits, which shall not be inconsistent with the provisions of this chapter. The procedures of this section may be supplemented by the Director where additional specification is required.

(a)Online submittal required. Application and plans for land disturbance activity must be submitted for review through the city’s online permitting portal.

(b)Review for completeness. The Community and Economic Development Department shall review the application for completeness. Incomplete applications will not be processed and will be returned to the applicant.

(c)Distribution and agency review. The Community and Economic Development Department shall route the plans to other city departments as may be appropriate, as well as any county departments such as Public Works for any development on a county road or Environmental Health if a septic system is proposed.

(d)Time period for completion of review. Within two weeks following distribution of the plans, each reviewing agency shall provide comments to the applicant. Once all reviews have been completed and all comments received, revised plans can be provided by the applicant. Each reviewing agency will have one week to review and provide any additional comments on such revisions. This process will be repeated until all comments by reviewing agencies have been addressed.

(e)Variances. The Community and Economic Development Department shall not approve any land disturbance permit that would result in a situation that would clearly require a variance, until or unless such variance is lawfully obtained.

(f)Action. When the Community and Economic Development Department has determined that the land disturbance plans comply with the requirements, purpose and intent of this article and code, it shall be approved. The plans shall be stamped electronically by the Community and Economic Development Department and will be accessible to the applicant on the portal. This action initiates the land development permit issuance. The owner shall be responsible for compliance with all codes, regulations and zoning requirements and for the satisfaction of all the noted and written comments.

(g)Posting and plans required. A placard shall be completed and must be picked up from the Community and Economic Development Department office for placement on the property. A physical copy or accessible digital file of the approved plans must be kept on the property at all times during land disturbance activities.

(h)Duration of approval. The land development permit shall remain in effect for a period of one consecutive year after which time it shall become null and void and a new certificate may be required if no development activity has begun.

§ 11-6-17

Review of Soil Erosion Plans

Upon receipt of a land development permit application, the Community and Economic Development Department shall refer the soil erosion and sediment control plan to the Hall County Soil and Water Conservation District and city Department of Water Resources for review and approval or disapproval concerning the adequacy of the erosion and sediment control plan. The results of the soil and water conservation district and Department of Water Resources reviews shall be forwarded to the Community and Economic Development Department. No land development permit shall be issued unless the plan has been approved by the soil and water conservation district and the Department of Water Resources, and any variances and bonding, if required, have been obtained.

§ 11-6-18

Action on Permit Applications

(a)The applicant shall be responsible for compliance with all codes, regulations, and zoning requirements and for the satisfaction of all the comments of reviewing city departments, external agencies, and the Community and Economic Development Department. Although review may have been achieved, if another city department or external agency requires approval or permit, the owner shall also be responsible for obtaining approval from all other agencies affected by the project prior to issuance of the land development permit by the Community and Economic Development Department.

(b)No land development permit shall be issued unless the erosion and sediment control plan has been approved by the soil and water conservation district and the Department of Water Resources, and that the Community and Economic Development Department has affirmatively determined that the plans required comply with all requirements of this article and Code.

(c)If the land development permit is denied, the reason for denial shall be furnished to the applicant. Following satisfaction of all comments from the city and external agencies and receipt of approvals from all affected agencies, the Community and Economic Development Department shall issue a land development permit when all requirements of this chapter and Code are met. Such approval authorizes land-disturbing activities to begin based on the approved civil design and construction drawings.

§ 11-6-19

Permits for Annexed Lands

If the tract for which a land development permit is sought is being annexed into the city, then a land development permit may not be issued until the date the annexation becomes effective pursuant to state law under O.C.G.A. 36-36-2. No application for a land development or building permit shall be filed on newly annexed property until the first of the month following the annexation approval date.

§ 11-6-20

Responsibilities Limited

(a)Approval of plans by the Community and Economic Development Department shall not imply or transfer acceptance of responsibility for the application of the principles of engineering, architecture, landscape architecture, or any other profession, from the professional, corporation, or individual under whose hand or supervision the plans were prepared.

(b)The completion of inspections by the city and authorization for work continuation shall not transfer responsibility for the quality of the work performed or materials used from the owner, nor imply or transfer acceptance of responsibility for project design or engineering from the professional, corporation, or individual under whose hand or supervision the plans were prepared.

(c)The approval of an erosion and sediment control plan or other plans under the provisions of this article and Code, the issuance of a land development permit, or the compliance with the provisions of this article and Code shall not relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the city or the soil and water conservation commission district for damage to any person or property.

(d)The fact that any activity for which a land development 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 article and Code or the terms of the permit.

§ 11-6-21

Bond Requirements for Violators of Soil Erosion and

Sedimentation Regulations If the applicant has had two or more violations in the city of previous land development, this article, Chapter 12-1, and the Code as it pertains to soil erosion and sediment control, or the Georgia Erosion and Sedimentation Act, as amended, within three years prior to the date of filing of the application under consideration, the Director of Community and Economic Development may deny the land development permit application, or may require the applicant to post a performance bond prior to issuing the land development permit. If the applicant does not comply with this article and Code, or with the conditions of the permit after issuance, the Community and Economic Development Department may call the performance bond or cause any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

§ 11-6-22

Suspension, Revocation, or Modification

The land development permit may be suspended, revoked, or modified by the city, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in title is not in compliance with the approved erosion and sediment control plan or that the holder or his successor in title is in violation of this Code. A holder of a land development permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the land development permit.

§ 11-6-23

Expiration of Permit Approval

A land development permit shall expire one year from the date of issuance. The applicant may request a permit extension if no changes are made to the original permitted plan.

§ 11-6-24

Falsifying Information

Any person who knowingly makes any false statements, representations or certifications in any application, permit, record, report, plan, drawing, plat, or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or inspection method required under this chapter shall be in violation of this code and subject to the fines, penalties and punishment provided for in Section 1-1-8 of the Code of the City of Gainesville and other penalties as provided for in this chapter.