320-40.01 Developments of Regional Impact.
Developments of Regional Impact (DRIs) are large-scale developments that are likely to have regional effects beyond the local government jurisdiction in which they are located. The Georgia Planning Act of 1989 authorized the Department of Community Affairs (DCA) to establish procedures for review of these large-scale projects. These procedures are designed to improve communication between affected governments and to provide a means of revealing and assessing potential impacts of large-scale developments before conflicts relating to them arise. At the same time, local government autonomy is preserved since the host government maintains the authority to make the final decision on whether a proposed development will or will not go forward.
320-40.02 Community Development Permits.
No disturbance of the land, including clearing, grubbing or grading activities, shall commence or proceed except in accordance with the provisions of these regulations, unless the activity is exempt as an agricultural activity, or is for the construction of an approved private dwelling on a buildable lot of record. The following permits covering portions of the land development process may be issued in accordance with the requirements of these regulations.
A.Timber Harvesting Registration. Pursuant to O.C.G.A. § 12-6-24, no timber permit shall be necessary for timber harvesting as an agricultural activity, with no grubbing or other land disturbance (as defined in the Georgia Soil Erosion and Sedimentation Act) activity. Provided, however, the following shall apply:
1.All timber harvesting activities are to be consistent with the provisions of these regulations, including Chapter 360 as well as Title 2: Zoning Ordinance of this UDO, and all other ordinances of the Paulding County Code unless otherwise provided herein.
2.A 25-foot undisturbed buffer from any road right-of-way, excluding driveways, must be maintained.
3.Prior written notice shall be required of any person or firm harvesting such timber for each separate tract to be harvested thereby, shall be in such form as prescribed by the Community Development Director, and shall consist of the following:
(a)A map or survey of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road;
(b)A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under O.C.G.A. § 48-5-7.5;
(c)The name, address, and 24-hour contact number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and
(d)The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber.
4.Notice may be submitted in person, by transmission of an electronic record via mail or electronic mail (email) to the Community Development Department.
5.In the event the ingress and egress route for the timber operation shown in the notice to the county intersects with and includes property located in the incorporated municipalities, the notice, as set forth herein, shall also be provided to said applicable municipality.
6.In conjunction with the notice provided for above, a valid surety bond, executed by a surety corporation authorized to transact business in this state, protecting the county against any damage caused by such person, firm or entity in the amount of $5,000.00 or at the option of the person, firm or entity harvesting the timber, a valid irrevocable letter of credit issued by a bank or savings and loan association (as described in O.C.G.A. § 7-1-4), protecting the County against any damage caused by such person, firm or entity in the amount of $5,000.00, must be submitted to the Community Development Department. If said bond or letter of credit is not submitted with the notice, the notice shall not be or remain effective for such harvesting operations unless and until the person or firm providing such notice has delivered to the Community Development Department a valid surety bond, as described above, or a valid irrevocable letter of credit, as described above. For purposes of this paragraph, any such surety bond or letter of credit shall be valid only for the calendar year in which it is delivered.
7.Notice shall be effective for such harvesting operation on such tract within such unincorporated area of the County upon receipt of the same by the Community Development Department, provided said surety bond and/or credit letter is provided therewith, and until such time as the person, firm or entity giving such notice has completed the harvesting operation for such tract. Provided however, any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the Community Development Department within three business days after such change.
8.The notice requirements provided herein shall be applicable to any such timber harvested on or after the effective date of the ordinance from which Section 320-40.02(A) was derived.
9.Persons, firms or entities which will be harvesting timber are not required to receive a driveway permit or road use permit provided the information required above in the notice is furnished. However, all persons, firms or entities which will be completing timbering activities by utilizing county maintained roads and rights-of-way are hereby on notice that damage to said roads and/or rights-of-way will result in forfeiture of the surety bond and/or credit unless such damage is repaired within 90 days upon receipt of notification of the damage to the roads and/or rights-of-way by the county to the persons, firms or entities at issue.
10.Pursuant to O.C.G.A. § 12-7-17(6), forestry land management practices, including harvesting are exempt from the Erosion and Sedimentation Act of 1975; provided; however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in paragraphs (15) and (16) of subsection (b) of Code Section 12-7-6, no other land-activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three-years after the completion of such forestry practices.
11.In the event grubbing or other land disturbance (as defined in the Georgia Erosion and Sedimentation Act) activity is included as a part of the timbering activity, a grubbing, land disturbance or other such applicable permit must be acquired in accordance with the Paulding County Development Regulations.
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12.Nothing in the ordinance from which Section 320-40.02(A) was derived shall exempt any persons, firms or entities which will be harvesting timber from complying with the MUTCD or other applicable Paulding County Department of Transportation traffic control regulations. In addition, all persons, firms or entities which will be harvesting timber shall be responsible for posting advance warning signs near the ingress and egress driveway location of the timbering site along the right-of-way. Said signage shall remain posted during the duration of the timbering operation.
13.Violation of the notice requirements of the ordinance from which Section 320-40.02(A) was derived shall be punishable by a fine not exceeding $500.00.
B.Grading Permit (Nonresidential Projects Only).
1.A grading permit, which includes clearing and grubbing, may be issued based on approval of a grading plan, soil erosion and sediment control plan, and hydrology study. Grading activities must also be consistent with Title 2: Zoning of this UDO, any conditions of zoning approval. A grading permit may also be issued for earth-borrow-fill where no development or construction is proposed or imminent, based on approval of the same items.
2.A permit authorizing but limited to grading (including clearing and grubbing) shall expire unless activities are commenced within 60 days of issuance of the permit or if activities lapse and the project is abandoned for a period exceeding 14 calendar days. Any site for which the grading permit expires shall immediately be stabilized to prevent erosion.
3.A grading permit shall be limited in its authorization to land grading activities along with associated clearing and grubbing, and demolition activities, and authorizes the installation of soil erosion and sedimentation facilities as allowed by the permit itself. The approval of a grading permit shall not imply the approval of or authorization to construct any improvements, buildings or other structures on the property.
4.The plans for a grading permit shall be drawn to a scale of not less than one-inch equals 20 feet and the maximum scale shall be one-inch equals 100 feet, on no larger than a 24-inch by 36-inch sheet of paper, and contain the information required by the Grading Permit Checklist found in Appendix
3.0 Section 3-60.
C.Land Disturbance Permits (LDP).
1.An LDP shall be issued to authorize all activities associated with the land development process, including clearing and grubbing, grading and the construction of such improvements as streets, surface parking areas and drives, sewer systems, stormwater drainage facilities, sidewalks, or other structures permanently placed on or in the property except for buildings or other structures requiring the issuance of a building permit.
2.An LDP shall be issued at the developer's request following approval of zoning, preliminary plat (if required) and construction plans, as detailed in Section 320-10.03 and Section 320-20.01.
Title 3: Chapter 320
3.All construction plans approved for an LDP shall expire after 12 months if permit is not issued within that time. Provided, however, that the Community Development Director may approve one extension not exceeding three months within which time development activity must commence or the plans shall expire. Said extension shall be applied for within the first six consecutive calendar months after the construction plans are approved.
4.An LDP shall expire 12 months after issuance unless development activity as authorized by the permit is initiated within the 12-month period or if such authorized activities lapse and the project is abandoned for a period exceeding 90 calendar days. Provided, however, that the Community Development Director may approve one extension not exceeding three months within which time development activity must commence or the permit shall expire. Said extension shall be applied for within the first 12 consecutive calendar months after the permit's issuance.
5.For the purposes of this Section, a lapse in or suspension of development activity as authorized by an LDP, as a direct result of action or inaction on the part of Paulding County completely beyond the control of the developer, shall not be considered as a lapse in activity causing the LDP to expire. The 12 months within which development activity must begin shall exclude any such time during which the activity is prohibited or has been caused to lapse by said county action or inaction.
D.Building Permits. No building activities, shall commence or proceed except in accordance with the provisions of these regulations and Chapter 18 of the Code of Paulding County, Georgia.
1.Single-family detached, single-family attached, duplex and townhouse subdivisions.
(a)A building permit for a single-family detached, single-family attached, duplex and townhouses in a platted subdivision may be issued after the recording of a final plat or after the lot upon which the building is to be located has otherwise become a buildable lot of record. The following also apply to the issuance of such building permits:
i.Manufactured homes cannot be placed in platted subdivisions.
ii.Approval of a house location plan by the Community Development Department may be required prior to issuance of the building permit as noted and conditioned on the final plat.
iii.In all such lots requiring house location plan, an as-built survey of the dwelling, building or structure shall be provided to the Community Development Department prior to final inspections and the issuance of a certificate of occupancy. In the event the as-built survey shows the dwelling does not have proper setbacks, flood standards set forth herein in Chapter 330 of this UDO, floor elevations or other discrepancies, the Community Development Department may deny the issuance of the certificate of occupancy.
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(b)Within any single-family detached, single-family attached, and duplex-development that is under construction on the basis of an LDP and initial final plat submittal, two model homes may be permitted for construction on proposed lots prior to final plat approval and recordation, subject to the following requirements:
i.Paved road access must be in place between each model home and the nearest public street.
ii.The main water line shall be installed, pressurized, and providing potable water service in front of the model home prior to construction, including providing adequate fire-fighting pressure and flow at the nearest fire hydrant.
iii.Sewer mains, and taps, including those off-site mains serving the model home shall be installed and have met test criteria for placing them in service.
iv.Such model homes must obtain a limited certificate of occupancy which shall only authorize the use of the model home for sales and marketing purposes. No model home may be occupied as a residence until the model home obtains a full certificate of occupancy.
2.Single-family and duplex private dwellings.
(a)A private dwelling permit is required prior to issuance of a building permit on any property that is not part of a platted subdivision or is located in a subdivision where the original developer (NPDES Primary Permittee) has filed a Notice of Termination (NOT) and is no longer responsible. This may require a Sediment and Erosion Control plan in accordance with State and County requirements.
(b)A current survey plat in compliance with O.C.G.A. §15-6-67 “Recordation of Plats and Condominium Plans; Specifications” or other document approved by the Community Development Planning and Zoning Division (such as warranty deed).
(c)A private dwelling permit application is required to be approved by the Addressing Division, Community Development Department, Office of Environmental Health, Tax Commissioner, Department of Transportation and the Water System prior to issuance of a building permit.
(d)More than two lots created as a result of subdividing parcels must meet the subdivision requirements set forth in Chapter 310 of this UDO.
3.Non-residential structures.
(a)Issuance of a building permit for any principal building and associated accessory structures shall first require issuance of a Land Disturbance Permit for the building site, and the building permit shall be consistent with said permit.
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(b)Architectural plans must be reviewed and approved by the Building and Permitting Division Plan Reviewer and Plan Review Committee prior to permitting for all structures. Building plan approval shall expire after one year, after which re-review and approval by the Community Development Department shall be required prior to issuance of a building permit for the building or additional buildings.
(c)Building permits shall only be issued on buildable lots of record, as defined in these regulations, except under special circumstances limited to and as specifically described in this section. In nonresidential subdivisions, building permits may be issued by the Community Development Department on the basis of an approved set of construction plans for specific buildings and associated site improvements and after an LDP has been approved. Issuance of the building permits shall be conditioned on the following:
i.Fire and Rescue Department approval shall be required prior to issuance of any building permit, which may include approval of acceptable access and water under pressure for combustible construction.
ii.Approval of the Office of Environmental Health for on-site sewage disposal or by the Water System for a building to be served by public sewer shall be required prior to issuance of any building permit.
iii.Construction of the required public improvements shall proceed concurrently with construction of the buildings.
320-40.03 Department of Transportation Permits.
A.Road Use Permit in Conjunction with Land Disturbance. No person shall operate a vehicle upon one or more county roads in conjunction with a land disturbance permit for a major or minor temporary work site in such a manner so as to cause damage or unusual wear or tear along a county road as measured by the condition of the road at the time of the application for the road use permit.
Where vehicles are expected to be operated upon one or more county roads in conjunction with the disturbance of any major or minor temporary work site, such road use permit shall include the following:
1.A properly completed application on a form approved by the county Department of Transportation shall be made, such application indicating at a minimum the following:
(a)The county road sought to be operated upon in connection with such land disturbance;
(b)The dates upon which such operations will be made; and
(c)The general use which will be made of the county road for the permitted operation.
(d)The required bond amount based on a per foot usage of county road(s) utilized.
2.Each application shall include the road use permit application fee as set forth in the schedule of fees and charges on file in the office of the County Clerk;
3.The application shall be made either in the name of the person seeking to operate the motor vehicle or the landowner on whose land any activity may take place;
4.Upon receipt of the permit application, the county Department of Transportation shall inspect the county road sought to be used and shall issue a written report of the county road specified in the application along with any other section or portion of the county road anticipated to be used by the applicant in its operations, such report specifying the general conditions and any defects which are noted;
provided, however, that the county shall not be required to inspect any county road designated by the Board of Commissioners as a primary access route. At the discretion of the inspecting department, photographs may be attached showing the general condition of the county road sought to be used;
5.A copy of the report of the inspecting department shall be delivered immediately via regular mail to the applicant. Unless the applicant objects to the contents of the report, there will be a presumption that the condition of the county road is as set forth on the report by the inspecting department, the same objection to be made within 14 days of the date of the correspondence transmitted to the applicant. If the applicant objects to the contents of the report, the permit will be held in abeyance until such time as an agreement is made between the applicant and the inspecting department as to the description of the condition of the county road. If no such agreement can be reached, the applicant may request a hearing as provided in subsection 530-30.05.B.10. Appeals from such hearing shall be as provided by State Law.
6.Upon issuance of such road use permit, the Department of Transportation shall cause to be forwarded to the office of the Community Development Department, a notice which shall include the name of the applicant, the section or portion of the county road affected by such permit, and the effective dates of such permit. Such road use permit shall be effective for a period not to exceed 12 months and is subject to inspection by the county department of transportation pursuant to subsection 530-30.05.B.4 of this Section.
7.At any time during the pendency of a road use permit, the county may make an inspection of that portion of the county road or roads which have been utilized by the applicant to determine if there has been any damage or unusual or excessive wear or tear on any portion of the county road. Provided however, the county shall not be required to inspect any county road or portion thereof which has been designated as a primary access route by the Board of Commissioners.
8.At any time during the applicant's use of the permitted county road, the county Department of Transportation may inspect the road for excessive wear or damage. In the event any damage or unusually excessive wear or tear is exhibited along any portion of the permitted county road as determined by the Department of Transportation, the County may request the permit holder to repair the road. If the repair is not performed to the Department of Transportation satisfaction, the County may cite the applicant holding the road use permit for the major or minor temporary work site for a violation of this Chapter and the applicant may be punished upon a showing of such violation as provided in this Chapter.
9.Pursuant to Section 530-20.05, any person against whom a Stop Work Order is issued may submit the matter for a hearing to the Board of Commissioners by notifying the Board of Commissioners in writing within 14 days from the date of the stop work order, such hearing to be conducted within 14 days from the date the request for hearing is received by the Board of Commissioners.
10.Pursuant to Section 530-30.05.B.10, any person that cannot reach an agreement with the county as to the condition of the county road at the time of application may submit the matter for a hearing by notifying the Board of Commissioners in writing within 14 days from the date of the applicant's objection to the contents of the report detailing the condition of the road, such hearing to be conducted within 14 days from the date the request for hearing is received by the Board of Commissioners.
11.Nothing contained in this procedure for obtaining a road use permit precludes an applicant from applying for and obtaining a Land Disturbance Permit from the Community Development Department if such permit is necessary.
12.If, through inspection, it is determined that the permit holder has failed to comply with the Road Use Permit, a written Notice to Comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the Permit and shall state the time within which such measures must be completed. If the permittee fails to comply within the time specified, they shall be deemed in violation of the permit, and, in addition to other penalties, shall be deemed to have forfeited their bond. The Director of the Transportation, in conjunction with the County Attorney, may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to complete the work and bring it into compliance. In the event that either the performance or maintenance securities fail for any reason to cover the costs of bringing a project into compliance with approved construction plans, including any deficiency as to form or execution of the securities, then all real estate of the project held by the subdivider/ person is subject to being charged for the costs and such costs shall be a lien upon such real estate for the benefit of Paulding County, Georgia. The lien shall be filed in the records of the Paulding County Superior Court Clerk. The lien shall be assessed coequal to and enforced in the same manner as liens for state and county ad valorem property taxes by issuance of a fi.fa.and levy and sales as set forth in Title 48 of the Official Code of Georgia. The lien shall have a duration of ten years.
B.Encroachment Permit/Utility Right-of-Way Permit/Driveway Right-of-Way Permit. In addition to land disturbance permits, an encroachment permit, utility right-of-way permit or driveway right-of-way permit may be required in accordance with the Paulding County Utilities Ordinance and the Paulding County Department of Transportation. Permits may be obtained utilizing the online portal.
C.Lane Closure Permit. In addition to land disturbance permits and encroachment permits, a Lane Closure Permit is required for any work requiring a lane closure extending past one working day. Permits can be obtained utilizing the online portal.
320-40.04 Public Safety Permits.
A.Open Burning Permits. Open burning for the purpose of land clearing. All contractors must call the Georgia Forestry Commission at (770) 443-7821 to obtain a land clearing burn permit.
B.Blasting Permits. The following requirements must be presented to the Paulding County Fire Chief's office:
1.A certified copy of the State of Georgia Explosive License issued by the state.
2.A certified copy of liability blasting insurance
3.Exact location of blasting activity
4.Notification of 911 prior to blasting
5.Familiarity with Rules of the Fire Safety Commissioner, Chapter 120-3-10.
6.OSHA requires all blasting operations contractors be compliant with CFR Title 29, Title 1926, Subpart U “Blasting and the Use of Explosives”.
C.Trenching/Excavation Permits. All work must be in compliance with any applicable laws of the State of Georgia or the United States including the United States Department of Labor Occupational Safety and Health Administration section in CFR Title 29, Part 1926, Subpart P “Excavations”.
D.Special Hazard Building Permit. Authorization must be obtained from the State Fire Marshal, local Fire Chief or State Inspector for any special hazard building as defined by O.C.G.A. § 25-2-13, as amended, prior to the issuance of any building permit. Specifically, and without limitation these include the following:
1.Buildings more than three stories in height; provided, however, that nothing in O.C.G.A. § 25-2-13 shall apply to any individually owned residential unit within any such building;
2.Any building three or more stories in height and used as a residence by three or more families, with individual cooking and bathroom facilities for each family; provided, however, that nothing in O.C.G.A. § 25-2-13 shall apply to any individually owned residential unit within any such building;
3.Any building with more than 15 sleeping accommodations for hire, with or without meals but without individual cooking facilities, whether designated as a hotel, motel, inn, club, dormitory, rooming or boarding house, or by any other name;
4.Any building or group of buildings which contain schools and academies for any combination of grades one through 12 having more than 15 children or students in attendance at any given time and all state funded kindergarten programs;
5. Hospitals, health care centers, mental health institutions, orphanages,
nursing homes, convalescent homes, old age homes, jails, prisons,
reformatories, and all administrative, public assembly, and academicbuildings of colleges, universities, and vocational-technical schools. As used in this subparagraph, the terms “nursing homes,” “convalescent homes,” and “old age homes” mean any building used for the lodging, personal care, or nursing care on a 24-hour basis of four or more invalids, convalescents, or elderly persons who are not members of the same family;
6.Racetracks, stadiums and grandstands;
7.Theaters, auditoriums, restaurants, bars, lounges, nightclubs, dance halls, recreation halls, and other places of public assembly having an occupant load of 300 or more persons, except that the occupant load shall be 100 or more persons in those buildings where alcoholic beverages are served;
8.Churches having an occupant load of 500 or more persons in a common area or having an occupant load greater than 1,000 persons based on total occupant load of the building or structure;
9.Department stores and retail mercantile establishments having a gross floor area of 25,000 square feet on any one floor or having three or more floors that are open to the public. For purposes of this subparagraph, shopping centers and malls shall be assessed upon the basis of the entire area covered by the same roof or sharing common walls; provided, however, that nothing in O.C.G.A. § 25-2-13 shall apply to single-story malls or shopping centers subdivided into areas of less than 25,000 square feet by a wall or walls with a two-hour fire resistance rating and where there are unobstructed exit doors in the front and rear of every such individual occupancy which open directly to the outside;
10.Child care learning centers, as such term is defined in Code Section 20-1A-2. Fire safety standards adopted by rules of the Commissioner pursuant to Code Section 25-2-4 which are applicable to child care learning centers shall not require staff-to-child ratios; and Title 3: Chapter 320
11.Personal care homes and assisted living communities required to be licensed as such by the Department of Community Health and having at least seven beds for nonfamily adults, and the Commissioner shall, pursuant to Code Section 25-2-4, by rule adopt state minimum fire safety standards for those homes, and any structure constructed as or converted to a personal care home on or after April 15, 1986, shall be deemed to be a proposed building pursuant to subsection (d) of Code Section 25-2-14 and that structure may be required to be furnished with a sprinkler system meeting the standards established by the Commissioner if he deems this necessary for proper fire safety.
320-40.05 Office of Environmental Health Permits.
For any structure to be served by on-site sewage disposal, a permit issued by the Office of Environmental Health shall be required prior to issuance of a land disturbance permit and/or building permit. Said permit(s) may first require approval by the Office of Environmental Health of a plan showing the location of the sewage disposal system and other site improvements, in accordance with their regulations.