Paulding County › Unified Development Ordinance

Title 3 — Development Regulations, Chapter 590 — Miscellaneous.

current as of 2026-04-14verified current · checked 2026-08-24Officialofficial source ↗2 sections · full chapter

§ 590-10

Roadway and Infrastructure Project Improvements

590-10.01 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Infrastructure Project means a site improvement required to provide water distribution, sewer collection, stormwater management, or street lights within a specifically identified residential development that are necessary to bring the development into compliance with the standards set forth in the Paulding County Development Regulations. Such an improvement is intended for the use and convenience of the occupants or users of the residential development alone and is not designed to provide service to the community at large.

Infrastructure means the water distribution, sewer collection, stormwater management, and street light systems contained within the final plat for a residential development recorded with the Office of the Clerk of the Superior Court of Paulding County.

Roadway means the roadway contained within the final plat for a residential development recorded with the Office of the Clerk of the Superior Court of Paulding County.

Roadway Project Improvement means a site improvement to a substandard roadway contained within a specifically identified residential development that is necessary to bring the roadway into compliance with the standards set forth in the Paulding County Development Regulations. Such an improvement is intended for the use and convenience of the occupants or users of the residential development alone and is not designed to provide service to the community at large.

System Improvement means an improvement designed to provide service to the community at large, in contrast to a roadway project improvement or an infrastructure project improvement.

Vacant Lot means a lot within a residential subdivision upon which no residential structure has been constructed or for which no certificate of occupancy has been issued by the county.

590-10.02 Applicability.

A.This article shall apply to those residential developments meeting the following criteria:

1.A final plat for the development has been lawfully recorded in Office of the Clerk of the Superior Court of Paulding County, but all or a portion of the roadways or infrastructure therein have not been accepted by the county for perpetual maintenance;

2.All or a portion of the roadways or infrastructure shown on the final plat do not comply with the development regulations; and

3.The bonds or other security instruments posted or which should have been posted for the residential development have failed to provide sufficient funds to the county for proper completion of the roadways and associated infrastructure within the residential development.

B.This chapter shall not apply to any residential development or vacant lot which is the subject of a voluntary project improvement agreement with the county.

590-10.02 Roadway and Infrastructure Project Improvement Fee.

A.Where the county determines that a residential development meets the criteria set forth in Section 1-70.02, the community development director may condition issuance of a building permit or certificate of occupancy for the remaining vacant lots within the development upon payment of a roadway and infrastructure project improvement fee.

B.The roadway and infrastructure project improvement fee shall be determined by the community development director by dividing the anticipated costs to complete the residential development in compliance with the development regulations by the number of vacant lots existing within the residential development. Once the first roadway and infrastructure project improvement fee for a specific residential development is determined, the fee will remain constant for the remaining vacant lots within that residential development.

C.No roadway and infrastructure project improvement fee may exceed $2,500.00.

590-10.03 Expenditure of Roadway and Infrastructure Project Improvement Fees.

A.Roadway and infrastructure project improvement fees shall be used solely to pay for expenses incurred by the county in bringing the roadways and associated infrastructure of the specific residential development for which they were assessed into compliance with the development regulations. No such fees may be utilized for system improvements.

B.Roadway and infrastructure project improvement fees shall be accounted for and categorized separately for each individual residential development for which they were assessed.

C.Upon collection of sufficient roadway and infrastructure project improvement fees to bring the roadways and associated infrastructure of a residential development into compliance with the development regulations, the county may commence construction of the improvements, however this provision does not preclude the county from commencing such construction at an earlier date.

§ 590-20

Gating of Unaccepted Roads

590-20.01 Definitions.

As used in this article, the following term or terms shall have the respective meanings ascribed to them:

Noncompliant Road or Unaccepted Road means a road which has been dedicated to public use by a developer but which fails to comply with the requirements of the development regulations and therefore has never been accepted by the county.

590-20.02 Applicability.

This article shall apply to those residential developments meeting the following criteria:

A.A final plat for the development has been lawfully recorded in Office of the Clerk of the Superior Court of Paulding County, but all or a portion of the roadways or infrastructure therein have not been accepted by the county for perpetual maintenance; and

B.All or a portion of the roadways or infrastructure shown on the final plat do not comply with the development regulations.

590-20.03 Gating Authority.

The Director of the Department of Transportation, subject to the review of the Board of Commissioners, may authorize the placement, duration, and subsequent removal of a gate across any portion of a road that has been dedicated to the county but which has not been accepted by the county pursuant to Section 62-1.

In exercising discretion to authorize or remove a gate, the following factors should be considered:

A.The extent that the road is not in compliance with the development regulations;

B.The length of road which will extend beyond the gate location;

C.The existence or non-existence of improved structures and other infrastructure beyond the gate location;

D.The extent to which those properties beyond the gate location are unoccupied during both daylight and evening hours;

E.The potential to reduce or deter the occurrence of unlawful activity and other risks to public safety beyond the gate location by erection of a gate; and

F.The frequency of which landowners beyond the gate location use the noncompliant road to access their property.

590-20.04 Design; Access; Roadway Project Improvement.

A.The materials and design of any gate authorized by Section 1-80.03 shall be of a uniform design as determined by the director of the Department of transportation.

B.Gates authorized by Section 590-20 shall have a uniform locking system to which the following users shall have unlimited access:

1.County officers, employees, and agents thereof;

2.Public safety personnel; and

3.Landowners whose property adjoins the noncompliant road.

C.Landowners whose property adjoins a gated noncompliant road may obtain access privileges by contacting the administrative office of the department of transportation.

D.The costs of erecting such gate shall be considered a roadway project improvement as set forth in Section 590-10.

590-20.05 Notice of Gating.

A.Whenever it has been determined that a gate is to be erected as authorized in Section 590-20.03, the county shall notify in writing those landowners whose property adjoins the noncompliant road or portion thereof which is beyond the gate location.

B.The notice shall inform the landowner of the date that the gate will be erected and shall inform the owner to his or her right to obtain unlimited access privileges by contacting the administrative office of the department of transportation.

C.The notice should be sent at least 30 days before the date that the gate is intended to be erected.

D.The notice should be sent to the last known address for the property owner as listed in the records of the tax assessor's office.

590.20.06 Unauthorized Access:

Penalty.

With the exception of those persons enumerated in Section 590-20.04(B) and the authorized agents thereof, no person shall be present upon, operate a vehicle upon, nor park a vehicle upon any noncompliant road or portion thereof which extends beyond a locked gate erected pursuant to Section 590-20.03. Any person violating this section shall be subject to citation and penalties as set forth in Section 360-60.04.

TITLE 4: Sign Ordinance