Snellville › Unified Development Ordinance

Chapter 100 — General Provisions, Article 3 — Administration

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§ 103-1

General

Chapter 100. General Provisions Article 3. Administration General

103-1.1. UDO Administration

A.Planning and Development Director

1.The City Council authorizes the Planning and Development Director to administer, interpret, and enforce this UDO and to carry out the duties required in it. It is also the duty and responsibility of each officer and employee of the City, especially of each member of the police and fire departments, to assist the Director by reporting to them new construction and reconstruction of buildings, new land uses, and apparent violations of this UDO.

2.Appeals of a decision by the Director are provided for in Sec. 103-7.3 (Board of Appeals).

B.Exemptions The powers authorized in paragraph A above do not extend other ordinances or regulations referenced in this UDO, such as the health, water, and sewer regulations. Those other ordinances and regulations are administered by the directors of the departments responsible them, as established by the Board of Commissioners of Gwinnett County or the City Council.

C.Violations If the Director finds that activities do not comply with the provisions of this UDO, or of a permit issued under this UDO, or without authorization of a permit which would otherwise be required by this UDO, the Director is authorized to suspend or invalidate such permits, order that all unauthorized or improper work be stopped, direct correction of deficiencies, issue summonses to any court of competent jurisdiction, or take any other legal or administrative action appropriate to the severity of the violation and degree of threat to the public health, safety, and welfare.

103-1.2. Fees

A.Established Application filing and permit fees required by this UDO are as established from time-to-time by the City Council.

B.Permit Fees Permit fees, if any, must be submitted as a prerequisite to the issuance of the permit. Non-payment as a result of the submission of a check with insufficient funds on the account, or for any other reason, will cause the permit to be voided and reissuance subject to penalty as may be established by the City Council.

C.Application Fees Application fees, if any, must be submitted with the application and upon acceptance of said submission for review and consideration will not be refundable.

Failure to pay a required application fee will cause the application to be returned to the applicant without acceptance for review or consideration by the City.

D.Miscellaneous Fees After the approval of development plans, and before authorization to begin construction, the developer must pay into the treasury of the City such required inspection, sanitary sewer permit charges, curb cut, or other fees as may be established from time-to-time by the City Council. Fees paid directly to the County must be verified by submittal of copies of paid receipts to the Department. Such fees will not be refundable following the issuance of a development permit, except upon approval of the Board of Appeals.

E.Street-Related Fees Before approval of development conformance for a project, the developer must provide to the Department such fees for traffic control signs, street name signs, and street striping as shall be required by traffic engineering regulations and established from time-to-time by the City Council.

F.Performance, Maintenance Bond Fees Before approval of a final plat or certificate of occupancy, the developer must provide to the Department such recording fees and performance and/or maintenance bonds as shall be required by this UDO or established from time-to-time by the City Council.

103-1.3. City Employees

A.No City employee may be relieved of their duty for complying with this UDO or any other ordinance, law or regulation whether or not such person has been advised by the Director or their designee or other City employees.

B.The City may not be estopped by errors of its employees from enforcing this UDO and does not warrant the accuracy or completeness of its employees' advice as to compliance with laws, especially federal and State laws.

§ 103-2

Enforcement

Enforcement This section applies in addition to the specific enforcement provisions otherwise provided in this UDO.

103-2.1. Inspection and Right of Entry

A.Work that requires a permit by this UDO is subject to inspection by authorized City representatives upon presentation of City identification to the developer, contractor, owner, owner’s agent, operator, or occupants during all reasonable hours, or outside reasonable hours in the event of any emergency threatening life or property. When an inspection is necessary to enforce this UDO, or when the Director or authorized City employee has a reasonable cause to believe that there exists upon a premises or property a condition which is contrary to or in violation of this UDO, the Director or authorized City employee is authorized to enter the property or premises at a reasonable time to inspect or to perform the duties required by this UDO, provided that, if the property or premises is occupied, credentials must be presented and entry requested. If the property or premises is unoccupied, the Director or authorized employee must first make a reasonable effort to locate the owner or other person having charge or control of the property or premises and request entry.

B.If a property or facility has security measures in-force to require proper identification and clearance before entry is possible, the owner or operator must make the necessary arrangements to allow access to the Director.

C.The owner or operator must allow the Director access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling, and testing, photography and videotaping for the purpose of ensuring compliance with this UDO. The owner or operator must allow the Director to examine and copy any records that are required under the conditions of any permit granted under this UDO.

D.The Director may set up on any premises, property, or facility such devices as are necessary in their opinion to conduct any monitoring and/or sampling procedures.

E.The Director is authorized to require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the Director. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense.

F.Any temporary or permanent obstruction to safe and easy access to, or from the premises, property or facility to be inspected and/or sampled must be promptly removed by the owner or operator at the written or oral request of the Director and may not be replaced. The costs of clearing such access shall be borne by the owner or operator.

G.Unreasonable delays in allowing the Director or access to a facility, property, or premises will constitute a violation of this UDO.

H.If the Director or authorized City employee has been refused access to any part of a premises, property or facility and the Director is able to demonstrate probable cause to believe that there may be a violation of this UDO, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this UDO or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the Director or authorized City employee may seek an inspection warrant in accordance with Georgia law.

103-2.2. Violations

A.Any action or inaction that violates this UDO (including violations of conditions and safeguards established in connection with grants or variances or special uses) or the requirements of an approved plan or permit will be subject to the enforcement actions or penalties outlined in this section. Any such action or inaction that is continuous with respect to time is deemed to be a public nuisance and also may be abated by injunctive or other equitable relief. The imposition of any of the enforcement actions or penalties described in this section will not prevent such equitable relief.

B.If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or if any building, structure or land is used in violation of this UDO, the Mayor or City Council, the Director, or anyone else who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure or land use.

C.Any person who violates this UDO or fails to comply with any of its requirements will, upon conviction thereof, be fined not more than that prescribed by State law.

In addition, that person must pay all costs and expenses involved in the case. Each day the violation continues will be considered a separate offense.

D.The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this section.

E.Nothing in this section will prevent the City from taking such, other lawful action as is necessary to prevent or remedy any violation.

103-2.3. Emergency Work

A.When emergency work is performed under this UDO, the person performing it must report the pertinent facts relating to the work to the Director on the next business day after the commencement of the work.

B.Within 10 days of reporting the emergency work, the person must apply for a permit and perform such work within such time as may be determined by the Director.

103-2.4. Enforcement Procedures

A.Enforcement must begin with the issuance of a written notice of violation to the owner or responsible party by the Director. The notice may be delivered personally or sent by overnight delivery or first-class mail.

B.The notice of violation must contain at least the following information:

1.The name and address of the owner or responsible party;

2.The location or address of the site upon which the violation is occurring;

3.A description of the nature of the violation;

4.A description of the remedial actions or measures necessary to bring an action or inaction into compliance with a permit, approved plan, or this UDO;

5.The deadline or completion date of any such remedial actions or measures;

and

6.A statement of the penalty or penalties that may be assessed against the owner or responsible party to whom the notice of violation is directed.

7.If the owner or responsible party fails to correct the violations after the deadline contained in the notice of violation, the Director is authorized to take or impose any one or more of the additional actions contained in this subsection.

C.Stop Work Orders When any building, structure, or premises is being developed, demolished, expanded, renovated, constructed, used, or occupied contrary to the provisions of this UDO, or the public interest is otherwise threatened in a manner requiring immediate action, the Director is authorized to issue stop work orders to an owner or responsible party. Stop work orders are effective immediately and will remain in effect until the necessary corrective actions or remedial measures stated in the notice of violation have occurred. Stop work orders may be withdrawn or modified by the Director in order to enable an owner or responsible party to take the necessary remedial actions or measures to correct the violations.

D.Refusal to Issue Certificates of Occupancy or completion The Director is authorized to refuse to issue certificates of occupancy or completion for the building or other improvements constructed or being constructed on a site until the owner or responsible party has taken the remedial actions or measures stated in the notice of violation or has otherwise corrected the violations described within it.

E.Suspension, Revocation, or Modification of Permit The Director is authorized to suspend, revoke, or modify a permit that was issued authorizing land disturbing activities or development. The Director is authorized to reinstate a suspended, revoked or modified permit after the owner or responsible party has taken the remedial actions or measures stated in the notice of violation or has otherwise corrected the violations described therein. The Director is also authorized to reinstate such permit, which may include conditions as the Director deems necessary, to enable the owner or responsible party to take the necessary remedial actions or measures to correct the violations.

F.Refusal to Approve Final Subdivision Plats The Director is authorized to refuse to approve final plats until the owner or responsible party has taken the remedial actions or measures stated in the notice of violation or has otherwise corrected the violations described within it.

G.Issuance of Citations or Summons to Court The Director is authorized to issue a citation or summons to the owner or responsible party requiring such person to appear in a court of competent jurisdiction to answer charges for violations of this UDO.

H.Cumulative Remedy The remedies provided in this subsection will not be exclusive but will be cumulative of all other remedies provided by law.

103-2.5. Legal Penalties and/or Remedies

A.Fine and/or Sentence Any person convicted by a court of competent jurisdiction of violating any provision of this UDO will be guilty of violating a duly adopted ordinance of the City and will be punished either by a fine not less than $100.00 per day and not greater than $1,000.00 per day, or by a sentence of imprisonment not to exceed 60 days in jail, or both a fine and jail or work alternate. Each day that a violation continues after due notice has been served will be deemed a separate offense.

B.Other legal Remedies When a violation of this UDO has occurred, the City, in addition to other remedies provided by law, may petition for a restraining order, injunction, abatement, or take any other appropriate legal action or proceeding through a court of competent jurisdiction to prevent, restrain, or abate such unlawful use or activity.

§ 103-3

Land Disturbance Permits

103-3.1. General

A.Permit Required, Exemptions No disturbance of the land, including clearing, grubbing, or grading activities, may begin or continue except in accordance with this UDO, unless the activity is for the construction of an individual single-family detached or duplex residence on a buildable lot of record.

B.Plan Review and Approval Any developer must first submit to the Department any plans, plats, or construction drawings required by this UDO and must have been granted a permit consistent with this UDO and approved by the Department before starting development activities. Approval of plans by City officials or employees will not imply nor 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 and sealed. Sec. 103-6 (Plans and Plats) details the elements of the required plans.

C.Interdepartmental Review and Approval The Department may not issue a permit for any development activities until the plans, plats, or construction drawings, as applicable, have been approved by such other departments or agencies as may have authority or jurisdiction over said activities in whole or in part.

D.Activities Limited to permit Authorization Development activities are limited to those as authorized by the applicable permit and as may be further restricted by conditions of approval pertaining thereto attached by the Department or other department or agency as may have authority or jurisdiction over said activities in whole or in part.

E.Developer's Responsibility for Compliance.

No permit may be interpreted to relieve any developer or subdivider of the responsibility of maintaining full compliance with all codes, ordinances, and other regulations of the City, except as amended by an approved waiver, variance, or other relief granted through applicable formal appeal procedures for a specific property or application. Any permit issued in error or in contradiction to the provisions of an adopted code, ordinance, or regulation of the City will be considered to have been null and void upon its issuance.

F.Development Maintenance Compliance.

Once substantial development activities have stopped for a period of at least 90 days, the developer/owner must bring the entire property to a state of permanent soil stabilization. Once permanent soil stabilization has been achieved, the developer/owner must perform routine property maintenance and keeping the site free of grass, weeds, or uncultivated vegetation over 12 inches hegh. The Director has the authority to determine when substantial development activities have stopped.

103-3.2. Clearing, Clearing and Grubbing, and Grading

A.Clearing (minor) Permit

1.A permit limited to removal of underbrush, shrubs and other low growing vegetation and trees up to 3 inches in diameter (DBH), including the removal of the stumps and root systems. The surface of a cleared site may be disturbed by the tracks or tires of the equipment used but may not be intentionally altered from its natural contour. Minor earthmoving to construct stream crossings is permitted.

3.A clearing (minor) permit will expire unless activities are started within 60 days of issuance of the permit or if activities lapse and are abandoned for a period exceeding 30 days. For this purpose, a lapse in or suspension of clearing activity as authorized by a clearing (minor) permit, as a direct result of action or inaction on the part of the City completely beyond the control of the developer/owner, will not be considered as a lapse in activity causing the clearing (minor) permit to expire. The 60 days within which clearing activity must begin will exclude any such time period during which the activity is prohibited or has been caused to lapse by said City action or inaction.

4.A clearing (minor) permit will not be construed as approval of or authorization to construct any improvements, buildings, or other structures on the property.

5.A permit for this activity is limited to a maximum of 3 acres.

6.This activity is not considered to be associated with site development, therefore, sites for which this permit is obtained are not eligible for a development permit for a period of 6 months.

B.Clearing (major) Permit

1.A permit limited to all items included in clearing (minor) plus the cutting and removal of all trees regardless of diameter, but not including the removal of the stumps and root systems of the trees larger than 3 inches in diameter (DBH). The surface of a cleared site may be disturbed by the tracks or tires of the equipment used but may not be intentionally altered from its natural contour. Minor earthmoving to construct stream crossings is permitted.

2.Issuance is dependent upon the identification of the property, the limits of the area to be cleared, the type of activities to be undertaken and approved erosion and sedimentation control measures. Issuance is also dependent upon approval of a concept plan and tree preservation and/or replacement plan (if required) for the development. All clearing activities are to be consistent with the provisions of this UDO and any conditions of zoning approval.

3.A clearing (major) permit will expire unless activities are commenced within 60 days of issuance of the permit or if activities lapse and the project is abandoned for more than 30 days. For this purpose, a lapse in or suspension of clearing activity as authorized by a clearing (major) permit, as a direct result of action or inaction on the part of the City of Snellville completely beyond the control of the developer/owner, will not be considered as a lapse in activity causing the clearing (major) permit to expire. The 60 days within which clearing (major) activity must begin will exclude any such time period during which the activity is prohibited or has been caused to lapse by said City action or inaction.

4.A clearing (major) permit will not be construed as approval of or authorization to construct any improvements, buildings or other structures on the property.

5.A permit for this activity is limited to a maximum of 10 acres.

6.All required (tree) replacement density (RRD) units, including special and specimen tree replacement density units, will be transferred with the project/property. The RRD units will be calculated in accordance with Sec. 207-4 (Tree Ordinance). Furthermore, the property owner must execute a covenant, in a form satisfactory to the City Attorney and recorded by the Clerk of the Superior Court of Gwinnett County, which discloses to any future property owner all requirements with respect to the required tree replacement density

(RRD)units relating to the subject property and obligates such future property owner to comply with said requirements.

C.Clearing and Grubbing Permit

1.This construction activity includes all items included in clearing (major) plus the removal of the stumps and root systems of all trees cut and removed.

2.A clearing and grubbing permit may be approved based on the approval of a concept plan and tree protection/replacement plan for the development.

Appropriate soil erosion and sedimentation controls in accordance with Sec.

402-1 (Soil Erosion and Sedimentation Control) and tree protection measures

in accordance with Sec. 103-6.8 (Tree Ordinance Plans) must be in-place and maintained as required.

3.A clearing and grubbing permit will expire unless activities are commenced within 60 days of issuance of the permit or activities lapse and the project is abandoned for more than 14 days. For this purpose, a lapse in or suspension of clearing and grubbing activity as authorized by a clearing and grubbing permit, as a direct result of action or inaction on the part of the completely beyond the control of the developer/owner, will not be considered as a lapse in activity causing the clearing and grubbing permit to expire. The 60 days within which clearing and grubbing activity must begin will exclude any such time period during which the activity is prohibited or has been caused to lapse by said City action or inaction.

4.A clearing and grubbing permit will be limited to the removal of trees and vegetation and stumps or roots from a property; the placement of required tree protection measures and soil erosion and sedimentation facilities, and may authorize the removal of existing structures on the property, at the option of the developer, and upon receiving an approved demolition permit (per structure). Under no circumstances may any grading (movement, removal, or addition of earth on a site by the use of mechanical equipment) or construction activity commence under a clearing and grubbing permit. The approval of a clearing and grubbing permit will not imply the approval of or authorization to construct any improvements, buildings, or other structures on the property.

5.All required (tree) replacement density (RRD) units, including special and specimen tree replacement density units, will be transferred with the project/property. The RRD units will be calculated in accordance with Sec. 207-4 (Tree Ordinance). Furthermore, the property owner must execute a covenant, in a form satisfactory to the City Attorney and recorded by the Clerk of the Superior Court of Gwinnett County, which discloses to any future property owner all requirements with respect to the required tree replacement density

(RRD)units relating to the subject property and obligates such future property owner to comply with said requirements.

D.Grading Permit

1.This construction activity includes the movement, removal or addition of earth on a site by the use of mechanical equipment that alters the natural contour of the site.

2.Issuance of a grading permit, which may include clearing and grubbing, is dependent upon approved grading plans, erosion and sedimentation control measures, and stormwater management report (if applicable). All grading activities are to be consistent with the provisions of this UDO and any conditions of zoning approval.

3.A grading permit will be limited in its authorization to land grading along with associated tree protection, clearing, and grubbing, and may authorize the removal of existing structures on the property, at the option of the developer/owner, and upon receiving an approved demolition permit (per structure), and may authorize the construction of storm drainage improvements and soil erosion and sedimentation facilities as allowed by the permit. Grading permit approval will not imply the approval of or authorization to construct any improvements, buildings, or other structures on the property, other than the construction of storm drainage improvements and soil erosion and sedimentation facilities.

4.A grading permit will expire 60 days after permit issuance unless clearing, grubbing and grading activities as authorized by the permit is initiated within the 60-days period or if such authorized activities lapse and the project is abandoned for more than 30 days. For this purpose, a lapse in or suspension of development activity as authorized by a grading permit, as a direct result of action or inaction on the part of the City completely beyond the control of the developer/owner, will not be considered as a lapse in activity causing the grading permit to expire. The 60-days within which clearing, grubbing, and grading activity must begin will exclude any such time period during which the activity is prohibited or has been caused to lapse by said City action or inaction.

Any site for which the grading permit expires must immediately be stabilized to prevent erosion.

(RRD)units relating to the subject property and obligates such future property owner to comply with said requirements.

103-3.3. Development Permit

A.Development activities authorized.

A development permit must 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. Water system improvements must be authorized only upon approval by the Gwinnett County Department of Water Resources.

B.Development Permit Approval

1.Before the issuance of a site development permit, each permittee must designate a registered agent who is located within Gwinnett County by residence and/or office and who can be contacted 24-hours a day. This information will be kept by the Department and utilized when and if immediate action is required.

2.A development permit (which may include grading, clearing, and grubbing) will be issued at the developer's request following approval of a preliminary plat for a subdivision or a site plan for a non-subdivision project, along with approval of all other development plans and documents required by this UDO. All plans approved for a development permit will expire after 6 months if no permit is issued within said time period.

3.All required (tree) replacement density units (RRD), including special and specimen tree replacement density units, will be transferred with the project/property. The RRD units will be calculated in accordance with Sec. 207-4 (Tree Ordinance). Furthermore, the property owner must execute a covenant, in a form satisfactory to the City Attorney and recorded by the Clerk of the Superior Court of Gwinnett County, which discloses to any future property owner all requirements with respect to the required tree replacement density

(RRD)units relating to the subject property and obligates such future property owner to comply with said requirements.

C.Expiration of Development Permits A development permit will expire 12 months after issuance unless the development activity authorized by the permit is initiated within the 12-month period or if such authorized activities lapse and the project is abandoned for more than 60 days. The Director may approve one extension not exceeding 3 months within which time development activity must commence or the permit will expire.

The extension must be applied for within the first 12 months after the permit's issuance.

D.Lapse in Construction Activity For the purposes of this subsection, a lapse in or suspension of development activity as authorized by a development permit, as a direct result of action or inaction on the part of the City completely beyond the control of the developer, will not be considered as a lapse in activity causing the development permit to expire. The 12 months within which development activity must begin will exclude any such time period during which the activity is prohibited or has been caused to lapse by said City action or inaction.

§ 103-4

Building Permits

103-4.1. Permit Required

No building or other structure may be erected, moved, added to, or structurally altered without a permit such activity issued by the Director. In addition, no building permit may be issued except in conformity with this UDO, unless there is either an approved variance from the Board of Appeals or an approved administrative variance from the Director, both as provided by this UDO.

103-4.2. Application

Building permit applications must be accompanied by plans in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of existing buildings on the lot, if any; and the location and dimensions of the proposed building or alteration. The application must include such other information as lawfully may be required by the Director, including existing or proposed building or alteration; existing or proposed uses of the building and land;

the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this UDO. One copy of the plans must be returned to the applicant by the Director after they must have marked such copy either as approved or disapproved and attested to the same by their signature on such copy. The original, similarly marked, must be retained by the Director. If the plans conform with the provisions of this UDO, the City building codes and other ordinances of the City, the permit will be issued upon payment of the required fee. If compliance does not result, the building permit will be refused by the Director.

103-4.3. Certificate of Occupancy

A.It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued therefor by the Director stating that the proposed use of the building or land conforms to the requirements of this UDO.

B.No permit for the erection, alteration, moving or repair of any building may be issued until an application has been made for a certificate of occupancy. The certificate will be issued only if the building and use comply with the provisions of this UDO upon completion of the work.

C.A temporary certificate of occupancy may be issued by the Director for a period not exceeding 6 months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

D.The Director must maintain a record of all certificates of occupancy, and a copy must be furnished upon request to any person. Failure to obtain a certificate of occupancy will be a violation of this UDO and punishable under Sec. 103-2 (Enforcement).

103-4.4. Construction and Use to be as Provided in Applications,

Plans, Permits, and Certificates of Occupancy Building permits or certificates of occupancy issued on the basis of plans and applications approved by the Director authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction at variance with that authorized will be deemed a violation of this UDO and punishable under Sec. 103-2 (Enforcement).

103-4.5. Applicable Codes

Building permits for all structures or interior finishes are issued after meeting the applicable requirements of Chapter 300 of this UDO, the fire prevention and life safety codes, and the various health, water, sewer, and building codes of the City and County.

103-4.6. Health Department, On-Site Sewage Disposal

When on-site sewage disposal will be provided, a permit issued by the Gwinnett County Environmental Health Department is required before issuance of a building permit. Said permit may first require approval by the Gwinnett County Environmental Health Department of a plan showing the location of the sewage disposal system and other site improvements, in accordance with their regulations.

103-4.7. Single-Family Detached and Two-Family Dwellings

A.A building permit for a single-family detached or two-family dwelling may only 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.

B.The approval by the Department of a house location plan (HLP), residential drainage plan (RDP), or residential drainage study (RDS), may be required before issuance of the building permit, as noted and conditioned on the final plat. For such lots, a certificate of occupancy may not be issued until conformance to the HLP, RDP, or RDS has been field verified by the Department as shown on a certified foundation survey prepared by a registered land surveyor.

103-4.8. Swimming Pools

Issuance of a building permit for a swimming pool as an accessory use to a single-family or two-family dwelling, whether to be issued at the same time as or subsequent to the permitting or construction of the principal building, first requires the approval of a swimming pool location plan. The plan must show the proposed location of the swimming pool and enclosing fence relative to the residence, the property boundaries, setback lines, septic tank and septic tank drain field (if any), and any easements on the site, and must comply with all requirements of this UDO and swimming pool code. Based on-site conditions, a residential drainage study (RDS) may also be required before issuance of the building permit. In locations where septic tanks and drain fields exist the plan must also be approved by the Gwinnett County Environmental Health Department. A certificate of occupancy will not be issued until conformance to the swimming pool location plan (and to provisions of the RDS, if applicable) has been field verified by the Department of Planning and Development.

103-4.9. Multifamily and Nonresidential Structures

A.Issuance of a building permit for any principal building other than a single-family detached or two-family dwelling (and associated accessory structure) first requires the issuance of a development permit for the building site, and the building permit must be consistent with said development permit.

B.Building plans must be reviewed and approved by the Department of Planning and Development, the Gwinnett County Fire Services Division, and the Gwinnett County Public Utilities Departments before permitting for all structures, except single-family detached or two-family dwelling and their accessory structures.

Building plan approval will expire after 1 year, after which re-review and approval by the Department of Planning and Development is required before issuance of a building permit for the building or additional buildings.

103-4.10. Issuance on Buildable Lots of Record, Exceptions

Building permits will only be issued on buildable lots of record, as defined in this UDO, except under special circumstances limited to and as specifically described below.

A.In a single-family detached or two-family dwelling subdivision, building permits for no more than two model home buildings, except by approval of a modification application, on specific lots may be issued by the Department on the basis of an approved preliminary plat after the approval of the Gwinnett County Environmental Health Department or Gwinnett County Department of Public Utilities, as appropriate, and subject to all limitations or requirements as may be established by the Director. A certificate of occupancy will not be issued for the completed model home until the final plat encompassing the model home building lots has been approved and recorded.

B.In fee-simple single-family attached subdivisions, a building permit may be issued on a buildable lot of record established for each building (containing any number of dwelling units) through recording of a final plat following completion of all required public improvements. Upon completion of the buildings, the final plat must be re-recorded to establish individual lots for the dwelling units, based on their actual locations, before issuance of certificates of occupancy.

C.In subdivisions not subject to paragraphs A or B above, building permits may be issued by the Department on the basis of an approved preliminary plat and after a development permit has been approved reflecting the site plan and construction drawings for specific buildings and associated site improvements. Issuance of the building permits will be conditioned on the following:

1.A performance bond or other approved surety must have been received in a form acceptable to the City Attorney, drawn in favor of the City and in an amount not less than 110% of the cost of completing all public improvements as authorized and required by the preliminary plat.

2.The performance bond or other approved surety may not exceed an aggregate total for all required public improvements of $12,000.00 per acre for the total acreage included within the subdivision or portion of the subdivision wherein the improvements are proposed, except by approval of the City Council.

3.Gwinnett County Fire Services Division approval is required before issuance of any building permit, which may include approval of acceptable access and water under pressure for combustible construction.

4.Approval of the Gwinnett County Environmental Health Department for on-site sewage disposal or by the Gwinnett County Water Pollution Control Division for a building to be served by public sewer is required before issuance of any building permit.

5.Construction of the required public improvements must proceed concurrently with the construction of the buildings.

6.A certificate of occupancy may not be approved for any structure within the subdivision before the recording of the final plat without the express approval of the Director.

7.The Director must have found that the public interest is best served and that a public purpose is involved in the acceptance of the performance bond.

§ 103-5

Review Procedures

103-5.1. General

A.Applicability

1.All land disturbance activity or any other development activity must comply with the requirements of this section.

2.All subdivision must comply with the requirements of this section, except as provided for in clause 3 below.

3.If a proposed subdivision is located within the incorporated area of the City and partially within the unincorporated area of Gwinnett County or within the incorporated areas of another municipality the City Council may provide by contract with the governing authority of Gwinnett County or other municipalities involved so that either the provisions of this section will apply to the entire subdivision or so that the provisions of an ordinance of Gwinnett County or another municipality regulating the subdivision of land will apply to the entire subdivision. Lacking such an agreement, that portion of the subdivision lying within the City must conform to the provisions of this section.

B.Dedication of Public Lands and Facilities No land dedicated as a public street or other public purpose may be opened or accepted as a public street or for any other public purpose, and no subdivision of land may be made, nor subdivision plat, nor part thereof, may be recorded before obtaining final approval from the Department. The approval must be entered in writing on the final plat by the Director. The Director is authorized to accept such dedications of lands and public facilities on behalf of the city and to cause such dedications to be recorded by the Clerk to Superior Court of Gwinnett County, subject to ratification by the City Council.

C.Transfer of Land Ownership

1.Transfer criteria. No person, firm, partnership, association, corporation, estate, trust, developer, subdivider or any other owner or agent may transfer title or attempt to record the title to any land, and no building permit may be issued on said land, unless:

a.Said land existed as a single lot of ownership, recorded as such in its entirety and present boundaries with the Clerk to Superior Court of Gwinnett County before the July 1985 Subdivision Regulations; or

b.Said land is shown in its entirety and present boundaries on a final plat as approved (under these or any previously applicable regulations) and duly recorded with the Clerk to Superior Court of Gwinnett County; or

c.Said land is shown in its entirety and present boundaries on a plat authorized by the Director and recorded with the Clerk to Superior Court of Gwinnett County pursuant to the regulations governing subdivision exemptions contained herein; or

d.Said land is an aggregation of properties for land assembly purposes, and no building permit will be requested before the filing of an application for issuance of a development permit, pursuant to these regulations.

2.Restrictions. No person, firm, partnership, association, corporation, estate, trust, developer, subdivider, or any other owner or agent may transfer title to any property by reference to, exhibition of, or any other use of any map of plat illustrating the subdivision of land without a final plat of said land showing said property first having been duly approved under the procedures of this UDO or any previously applicable regulations and recorded with the Clerk to Superior Court of Gwinnett County.

D.Subdivision Exemptions

1.General requirements. For the purpose of this UDO, the following types of activities are considered subdivisions but are exempt from the "procedures"

and "required public improvements" portions of article and Sec. 401-1.5 (Required Public Improvements), except as noted. Each such subdivision must be drawn as an exemption plat in accordance with final plat standards (except clause 4.b) of this UDO and must be submitted in an appropriate number of copies together with the appropriate fees to the Department for review and approval. Upon approval, the Director will authorize the recording of the exemption plat with the Clerk of Superior Court of Gwinnett County and grant the issuance of building permits pursuant to the codes and ordinances of the City of Snellville.

2.Recombinations. The combination or recombination of all of two or more buildable lots of record, where the total number of lots is not increased and the resultant lots are in compliance with the zoning district size regulations. An exemption plat is not required for aggregations of properties for land assembly purposes where no building permit will be requested before issuance of a development permit.

3.Minor subdivision. The division of a buildable lot of record into five or fewer lots, provided:

a.Each proposed lot complies with all zoning district size regulations and is limited to single-family detached dwelling use.

b.Each proposed lot abuts upon an existing public street.

c.All project-related slope and utility easements, as well as necessary street right-of-way as determined by the Department based on the Comprehensive Plan, are provided at no cost to the City.

d.Each lot thus created may not be resubdivided under this paragraph D.

Resubdivision may only be accomplished per Sec 103-5.3 (Subdivision Review).

e.Each proposed lot must comply with the requirements of the Gwinnett County Department of Public Utilities and the Gwinnett County Environmental Health Department, as appropriate, whose certification of approval is required before approval of the exemption plat by the Department.

The Director is authorized to grant a modification from the five-lot maximum exemption; provided, however, modifications may not be granted to exceed a total of seven exempt lots. The Director may impose conditions of approval upon any modification thus granted as may be necessary to ensure the general public welfare.

4.Estate subdivisions

a.The division of land in any single-family detached residential district into lots with a minimum lot area of 5 acres, provided:

i.Each proposed lot abuts upon an existing public street which contains the necessary right-of-way width required by these regulations as determined by the Comprehensive Plan.

ii.Each proposed lot must provide at least 100 feet of frontage upon the street, must provide at least 200 feet of lot width, and must meet or exceed all other minimum requirements of the applicable zoning district.

iii.All project-related slope and utility easements, as well as necessary street right-of way, must be provided at no cost to the City as determined by the Department based upon the Comprehensive Plan.

iv.No lot thus created may be resubdivided to less than 5 acres as an exemption to these regulations.

v.Each proposed lot must comply with the requirements of the Gwinnett County Department of Public Utilities and the Gwinnett County Environmental Health Department, as appropriate, whose certification of approval is required before approval of the exemption plat by the Department of Planning and Development.

b.The division of land in any single-family detached residential district into lots with a minimum lot area of 10 acres, provided:

i.Each proposed lot abuts upon an existing public street.

iii.No lot thus created may be resubdivided to less than 10 acres as an exemption to these regulations.

iv.A record survey certified by a land surveyor currently registered in the State of Georgia must be submitted to and approved by the Department showing all lots.

5.Nonresidential project management. The creation of a lot for recording within an overall nonresidential development, provided:

a.The overall nonresidential development is being undertaken as a single multiphase or multiuse project under the unified control of a single developer, is zoned for such use or development, and an overall concept plan for the entire project has been approved by the Director.

b.The proposed subdivision is clearly intended to transfer the title for financing or building management purposes and not for the sale of the property for future development, to the satisfaction of the Director.

c.The proposed lot has been approved by the Department to be provided permanent vehicular access by a private drive. Said access must be established by easement or acceptable covenant before or concurrently with the recording of the exemption plat.

d.The proposed lot must encompass a principal structure that has been granted a building permit and which is under construction or has been completed.

e.The exemption plat must be drawn to include the entirety of the overall development and must clearly identify those lots to be recorded, those lots previously recorded and the remainder of the development which must be labeled "not included." All easements, dedications, etc., must be shown as appropriate or as required. Each lot must be consistent with the zoning approved for the overall development and the applicable requirements of this UDO.

103-5.2. Traffic Impact Analysis

A.Applicability

1.A traffic impact analysis is required when a development seeking subdivision review, non-subdivision review, rezoning, or special use permit exceeds 50% of the threshold otherwise required by the DRI rules of GRTA.

2.Any DRI that complies with the rules of GRTA is exempt from the traffic impact analysis requirement.

3.A traffic impact analysis is not required when an application is initiated by the City.

4.An application may be exempted from the traffic impact analysis requirement by the Director if a prior traffic impact analysis for the subject property has been submitted to the City and the proposed development is substantially similar to that for which the prior traffic impact analysis was conducted.

B.Procedures

1.During the required pre-application conference or before accepting a rezoning or special use permit application, the Director, in consultation with the Gwinnett DOT and GDOT, as applicable, must review the thresholds and submittal requirements for a traffic impact analysis.

2.When required, a traffic impact analysis must be submitted before the application being deemed complete.

C.Scoping Meeting

1.Once it is determined that a traffic impact study is required, a scoping meeting may be held with the developer or their consultant and the appropriate representatives of the City. It is the responsibility of the developer or their consultant to initiate this meeting. The purpose of this meeting is to discuss the availability of site-specific information concerning the development, available forecasts of traffic volumes, and to ensure the applicant understands the content requirements for traffic impact studies.

D.Required Contents of a Traffic impact Study The traffic impact study must be prepared following and meeting the standards of the GRTA Development of Regional Impact technical guidelines, dated January 14, 2002, as may be amended from time to time. In addition, the following components must be included:

1.Alternative transportation. Alternative transportation (sidewalk, bicycle, transit) impacted or needed as a result of the development.

2.References. A listing of all technical documents and resources cited or consulted in preparing the traffic impact study.

3.Technical Appendix. Relevant technical information, including but not limited to: copies of raw traffic count data used in the analysis, calculation sheets and/or computer software output for all LOS and V/C calculations in the analysis, and warrant worksheets for signals, turn lanes, signal phasing, etc.

used in the analysis.

4.Mitigation Measures and Costs. Listing of all intersections and road segments that are forecasted to be Level of Service "E" and "F" in the horizon year, or if phased, in the years that each phase is planned to be complete, and an identification and description of specific mitigation measures including signal, turn lane, or other warrant analyses as appropriate and necessary to bring these intersections and road segments into compliance with a Level of Service "D" or other City-adopted level of service for said road segment or intersection.

If roadway improvements are needed, the study shall show a drawing at an engineering scale of 1 inch = 20 feet for all recommended lane configurations.

If signalization is warranted by the traffic signal warrants outlined in the Manual on Uniform Traffic Control Devices (MUTCD), a warrant analysis shall also be conducted as a part of the traffic impact study. If a traffic signal is warranted, the warrant package in the study shall show a drawing at an engineering scale of 1 inch = 20 feet, detailing the signal design and phasing plans.

The estimated cost associated with implementing all such mitigation measures must be provided in the traffic impact study. The traffic impact study may take into account any City/County/State-approved roadway, traffic signalization and other improvements in determining mitigation measures and providing recommendations.

E.Additional Technical Specifications The Director is authorized to promulgate and require the use of additional technical specifications for conducting traffic impact studies, which must be consistent with analysis methods included in the most recent Highway Capacity Manual, Manual on Uniform Traffic Control Devices, "Trip Generation" published by the Institute of Transportation Engineers (ITE), and/or Traffic Access and Impact Studies for Site Development: A Recommended Practice (Washington, DC:

Institute of Transportation Engineers, 1991), as may be amended or republished from time to time.

F.Costs and fees The City assumes no liability for any costs or time delays (either direct or consequential) associated with the preparation and review of traffic impact studies. There is no application review fee for a traffic impact study.

G.Submittal and Review of Study The applicant for the proposed development or the qualified professional must submit one electronic copy of the traffic impact study and technical appendix, two paper copies of the traffic impact study and one paper copy of the technical appendix to the Director. The Director may submit copies of the report to applicable review agencies which may include GDOT, GRTA, Gwinnett County, an adjacent local jurisdiction, and/or the ARC. Within 10 days of receipt of a traffic impact study, the Director will review all calculations and analyses and determine if they are complete, reasonable, understandable, consistent and fully explained.

The conclusions presented in the traffic impact study must be consistent with and supported by the data, calculations, and analyses in the report. Calculations, graphs, tables, data and/or analysis results that are contrary to good common sense or not consistent with and supported by the data will not be accepted. In such events, the Director will return the traffic impact study to the development applicant for correction.

H.Recommendations for mitigation of impacts Within 10 days of receipt of a completed traffic impact study, the Director must complete their review of the study and submit to the applicant all recommendations for mitigation measures as stated in the traffic impact study and include any interpretations or recommended conditions of approving the discretionary development proposal that will mitigate traffic impacts of the proposed development.

I.Determination of project and system improvements

1.The Director will determine which mitigation measures constitute "project"

improvements and which mitigation measures constitute "system"

improvements within the context of the Georgia Development Impact Fee Act of 1990.

2.If a particular improvement is called for in the traffic impact study or recommended by Director, and the Director is unable to uniquely attribute the recommendation as a project or system improvement or finds that such improvement has characteristics of both a project improvement and a system improvement, the Director will determine the proportion of the cost of such improvement that can reasonably be attributed to the development as a project improvement, and the portion of such improvement that can reasonably be considered a system improvement.

J.Conditions of development approval for project improvements Upon the determination of project improvements needed to mitigate the traffic impacts of the discretionary development proposal as provided in this section, the Director will recommend that the project improvements be completed by the developer as conditions of approval of the discretionary development proposal.

K.System improvements When the Director recommends improvements as a condition of a discretionary development proposal that the Director determines are wholly or partially "system" improvements, the Director may include such recommendations in the recommended conditions of approval for the discretionary development application. The development applicant and the City in the case of system improvements shall have the following options:

1.The applicant for a discretionary development proposal may voluntarily agree to pay for the cost of providing the system improvements, or a pro-rated share of the cost of said system improvements that are reasonably attributed to the subject development, as determined by the City.

2.When an application is for a discretionary development proposal before the City Council, the City may find that the proposed development will provide substantial adverse impacts on the transportation system. The City may find further that the existing transportation system is insufficient to serve the proposed development and the City is unable to provide adequate transportation facilities within a reasonable amount of time after the impacts of said development would occur. Given such findings, the City Council may reduce the development density or intensity to the degree that the impacts of the development proposal do not degrade transportation facilities below adopted level of service standards, require a phasing of the development in a manner that adequate public facilities will be provided publicly or privately, or in cases where such other alternatives do not address the adverse impacts, deny an application for a discretionary development proposal.

103-5.3. Subdivision Review

A.Pre-application Conference When any subdivision of a tract of land is proposed, whether for residential or nonresidential development, the subdivider is encouraged to present to the Department preliminary documents and graphic exhibits to allow early evaluation of the subdivider's intentions and coordination with the Comprehensive Plan and UDO regulations, and to inform and provide the subdivider with the necessary regulations in order to properly accomplish the proposed project.

B.Concept Plan Approval

1.Application for concept plan approval must be submitted to the Department using an application form and in a number of copies to be determined by the Director. The concept plan must include the entire property proposed for development but need not include the applicant's entire contiguous ownership.

2.If the subdivider chooses not to submit a concept plan, then the subdivider may proceed directly with the submittal of development plans (called a preliminary plat) if they show the entire property proposed for development.

In so doing, however, the subdivider assumes the risk of premature design and engineering expenses if the City requires subsequent design and engineering changes.

3.Copies of the approved concept plan must be provided to the Department for permanent record, in a number as determined by the Director.

C.Development Plans Approval for Subdivisions

1.An application for development plans (called a preliminary plat) approval and issuance of a development permit must be submitted to the Department using an application form and in a number of copies as determined by the Director.

The development plans may encompass a portion of a property included within an approved concept plan. However, if no concept plan has been approved, the development plans must include the entire property being developed and having the same zoning district. The application must include the preliminary plat, and construction drawings. All construction drawings and other engineering data shall be prepared and sealed by a professional engineer currently registered in the State of Georgia, in accordance with provisions of Georgia Law.

2.The Director must indicate on a review copy of the drawings or in a written memorandum all comments related to compliance of the development plans with this section, principles of good design, this UDO, conditions of zoning approval, and the regulations of other City and County departments and State agencies as appropriate. The Director has final authority to determine the applicability of any and all comments under this UDO or conditions of zoning approval.

3.A preliminary plat may not be approved when it shows a lot that would present particularly unusual difficulties for construction of a building, which would clearly require a variance to be reasonably usable, or which is otherwise "unbuildable" because of its unusability, whether due to the presence of floodplain, unusual configuration, lack of public utilities or for any other reason.

A House Location Plan (HLP) may be required to be filed as a part of the preliminary plat approval to substantiate the buildability of any such difficult or unusual lot. This provision does not apply to lots used exclusively for subdivision identification signage, entrance or landscape features, common areas, open spaces, private alleys, or stormwater facilities.

4.The subdivider is responsible for compliance with all codes, regulations, and zoning requirements and for the satisfaction of all of the noted and written comments of the Director.

5.If an applicant disagrees with the findings or final review comments of the Director or of any other City department, concluding that factual or interpretive errors have been made, the appeal procedure of Sec. 103-7.3 ( Administrative Decision Appeals) must be followed to resolve the issues.

6.When the Director has determined that the plat and other development plans are in compliance with all applicable City regulations and approval has been received from all affected City and County departments, the Director must sign and date a CERTIFICATE OF DEVELOPMENT PLANS APPROVAL stamped or printed on a reproducible copy of the plat. Copies of approved plat and development plans must be transmitted to the applicant and retained by the Department for its records.

7.After the above approval by all affected City and County departments, a development permit will be issued at the developer's request to begin construction activities based on the approved development plans.

D.Final Plat Approval

1.When the provisions of this subsection have been complied with, the subdivider may submit to the Department an application for final plat approval, using an application form and a number of copies as determined by the Director.

2.The Director must indicate on a review copy of the plat or in a written memorandum all comments related to compliance of the final plat with this UDO, conditions of zoning approval, and the regulations of other City and County departments and State agencies as appropriate. The Director will have final staff authority to determine the applicability of any and all comments under this UDO or conditions of zoning approval.

3.A final plat may not be approved when it shows or otherwise creates a lot that would present particularly severe and unusual difficulties for construction of a building, which would clearly require a variance to be reasonably usable, or which is otherwise "unbuildable" due to the presence of floodplain, unusual configuration, lack of Gwinnett County Health Department approval, or for any other justified reason. This provision does not apply to lots used exclusively for subdivision identification signage, entrance or landscape features, common areas, open spaces, private alleys, or stormwater facilities.

4.Lots which would appear to be buildable under certain circumstances and would require further study or additional information before a building permit could be issued, but which present problems or unusual difficulties which can reasonably be addressed or overcome by the lot owner, may be included in the plat with the appropriate notation of the steps necessary to allow issuance of a building permit.

5.The subdivider is responsible for compliance with all codes, UDO requirements, and for the satisfaction of all of the comments of the Director.

6.Final approval by the Director may not be shown on the final plat until all requirements of these and other applicable regulations have been met, and the Director has received a completed request for approval of development conformance and an executed development performance and maintenance agreement. The agreement must be accompanied by a bond, letter of credit or other acceptable surety providing for the maintenance of all installations and improvements required by these regulations in the subdivision for a period not to exceed 12 months following the date of approval of development conformance for subdivisions for which the final topping of a "two-pass" street has not been applied or for a period not to exceed 24 months. The maintenance bond period of application may be extended by the Director at the request of the developer, provided it is in the best interest of the health, safety, and welfare of the public.

7.The Director must further determine that either:

a.All improvements and installation to the subdivision required for approval of the final plat under the rules and regulations of the City of Snellville have been completed in accordance with the appropriate specifications; or

b.All of the stormwater drainage and detention facilities, water and sewer utilities, street base and curbing construction required for approval of the final plat have been properly installed and completed and, for those required improvements not yet completed (grassing, pavement topping, required landscaping, sidewalks, etc.) a performance bond will have been filed by the subdivider with the development performance and maintenance agreement, which performance bond must:

i.Be conditioned upon the faithful performance by the subdivider or developer of all work required to complete all improvements and installations for the subdivision, or approved portion thereof, in compliance with these rules and regulations within a specified time, not to exceed 3 months;

ii.Be payable to, and for the indemnification of, the City;

iii.Be in an amount equal to the cost of construction of the required improvements not yet completed plus an additional 10% of said costs, as calculated by the Director on the basis of yearly contract prices or City contracts, where available;

iv.Be with surety by a company entered and licensed to do business in the State of Georgia; and,

v.Be in a form acceptable to the Director or the City Attorney.

8.Payment for materials and installation of traffic control and street name signs must be made to the Department in accordance with the traffic engineering regulations before approval of the final plat. Payment of the cost of striping major thoroughfares or required signalization if required and not completed by the developer must also be received by the Department before approval of the final plat.

9.Payment of the required plat recording fee must be made to the Department before approval of the final plat.

10.Once the Department has approved the final plat and all other affected departments and agencies of government as required have certified compliance and signed the route sheet, the Director will certify by their signature on the original of the plat that all of the requirements of this UDO, and the conditions of zoning approval have been met, and that all other affected departments have approved the plat. The final plat may not be deemed approved until it has been signed by the Director and where the use of septic tanks is proposed, by a duly authorized representative of the Gwinnett County Health Department. The final plat when approved must be submitted to the Planning Commission for information purposes.

11.Once the final plat has been so certified, the Director must authorize it to be recorded by the developer with the Clerk of the Superior Court of Gwinnett County. The developer must record the final plat within 30 days after final approval. Any plat not submitted within 30 days for recordation will be considered invalid and have to be resubmitted for review. The subdivider must provide the Department with an appropriate number of copies of the recorded plat, as determined by the Director. Deeds to lands dedicated to the City in fee simple, or to property owner associations for park or recreational use, must be recorded simultaneously with the final plat.

12.Periodically, but no less often than once each month, the Director must submit a listing of all approved final plats to the City Council for ratification of acceptance of all dedications.

103-5.4. Non-Subdivision Review

A.Pre-application conference When any development of a single site (other than a subdivision or a single-family detached or two-family dwelling) is proposed, the developer is encouraged to present to the Department preliminary documents and graphic exhibits to permit early evaluation of the developer's intentions and coordination with the Comprehensive Plan and this UDO, and to inform and provide the developer with the necessary regulations in order to properly accomplish the proposed project.

B.Concept Plan Approval

1.Application for concept plan approval must be submitted to the Department of Planning and Development using an application form and in a number of copies to be determined by the Director.

2.The concept plan must include the entire property being developed. Properties that adjoin the subject property and are under the same ownership or control as the subject property must be indicated as such. If the developer elects not to submit a concept plan, then the developer may proceed directly with the submittal of development plans, provided they show the entire site being developed. In so doing, however, the developer assumes the risk of premature design and engineering expenses in the event that the City requires subsequent design.

3.Copies of the approved concept plan must be provided to the Department for permanent record, in a number as determined by the Director.

C.Site Development Plan Approval

1.An application for development plan approval and issuance of a development permit must be submitted to the Department using an application form and in a number of copies as determined by the Director. The development plans may encompass a portion of a property included within an approved concept plan.

However, if no concept plan has been approved, the development plans must include the entire property being developed and having similar zoning. As required by Sec. 103-6.7 (Site Development Plans), the application must include the site plan and construction drawings, as appropriate to the project.

All construction drawings and other engineering data must be prepared and sealed by a professional engineer currently registered in the State of Georgia, in accordance with the provisions of Georgia law.

2.The Director must indicate on a review copy of the drawings or in a written memorandum all comments related to compliance of the development plans with this UDO, principles of good design, conditions of zoning approval, and the regulations of other City and County departments and State agencies as appropriate. The Director will have final staff authority to determine the applicability of any and all comments under these this UDO or conditions of zoning approval.

3.The developer is responsible for compliance with all codes, this UDO, and for the satisfaction of all of the noted and written comments of the Director.

4.Deeds to lands dedicated to the City in fee simple must be submitted to the Director for recording.

6.When the Director has determined that the site plan and other development plans are in compliance with all applicable City regulations and this UDO, and approval has been received from all affected City and County departments, they will sign and date a certificate of development plans approval on a reproducible copy of the plan. Approved copies of the approved development plans must be transmitted to the applicant and retained by the Department for its record.

7.Following the above approval by all affected City and County departments, a development permit will be issued at the developer's request to begin construction activities based on the approved development plans. Said permit may include clearing, grubbing, and grading as appropriate and approved as part of the project. A building permit may also be issued on the basis of the approved development permit under the provisions of Sec. 103-4 (Building Permits). A certificate of occupancy may not be issued, however, until a certificate of development conformance for the project has been executed by the owner and an executed development performance and maintenance agreement has been received in accordance with these regulations.

D.Certificate of Development Conformance Approval Process

1.Final approval by the Director may not be shown on the certificate of development conformance until all requirements of these and other applicable regulations have been met, and the Director has received a completed request for approval of development conformance and an executed development performance and maintenance agreement. The agreement must be accompanied by a bond, letter of credit or other acceptable surety providing for the maintenance of all installation and public improvements required by these regulations in the development for a period not to exceed 12 months following the date of approval of development conformance for developments for which the final topping of a "two-pass" street has not been applied or for a period not to exceed 24 months. The maintenance bond period of application may be extended by the Director at the request of the developer, provided it is in the best interest of the health, safety, and welfare of the public.

2.The Director must further determine that either:

a.All public improvements and installations to the development required to be dedicated and for approval of the certificate of development conformance under the rules and regulations of the City have been completed in accordance with the appropriate specifications; or

b.All of the stormwater drainage and detention facilities, water and sewer utilities, street base and curbing construction required for approval of the certificate of development conformance have been properly installed and completed, and, for those required public improvements not yet completed within areas to be dedicated (grassing, pavement topping, required landscaping, sidewalks, etc.), a performance bond will have been filed by the developer with the development performance and maintenance agreement, which performance bond will:

i.Be conditioned upon the faithful performance by the developer of all work required to complete all public improvements and installation required to be dedicated for the development, or approved portion thereof, in compliance with these rules and regulations within a specified time, not to exceed 3 months;

ii.Be payable to, and for the indemnification of, the City;

iii.Be in an amount equal to the cost of construction of the required public improvements required to be dedicated not yet completed plus an additional 10% of said costs, as calculated by the Director on the basis of yearly contract prices or City contracts, where available;

iv.Be with surety by a company entered and licensed to do business in the State of Georgia; and

v.Be in a form acceptable to the Director or the City Attorney.

3.Payment for materials and installation of traffic control must be made to the Department in accordance with the traffic engineering regulations before approval of the certificate of development conformance. Payment of the cost of striping major thoroughfares or required signalization if required and not completed by the developer must also be received by the Department before approval of the certificate of development conformance.

4.Payment of the required plat recording fee must be made to the Department before approval of the final plat.

5.Once the Department has approved the certificate of development conformance and all other affected departments and agencies of government as required have certified compliance and signed the route sheet, the Director must certify by their signature on the original of the certificate of development conformance that all of the requirements of this UDO, and the conditions of zoning approval have been met, and that all other affected departments have approved the plat. The certificate of development conformance is not deemed approved until it has been signed by the Director and, where the use of septic tanks is proposed, by a duly authorized representative of the Gwinnett County Health Department.

103-5.5. Assignment of Names, Addresses

A.Subdivision or Development Names

1.Proposed subdivision or development names must be reviewed and approved before the issuance of a development permit. Names must be reviewed by the Gwinnett County Department of Planning and Development upon submittal of the preliminary plat or site plan. This submittal must be made directly by the developer to that County department.

2.Proposed names may not duplicate or too closely approximate, phonetically, the name of any other subdivision or development in Gwinnett County or its municipalities except for extensions of existing subdivisions or developments.

3.Subdivision and development names may be reserved if submitted and approved along with the concept plan for the project.

B.Street Names

1.Proposed street names must be reviewed and approved before the approval of a final plat for recording. Street names may be reserved through approval as shown on an approved concept plan or preliminary plat for the subdivision.

Proposed names for private streets must follow the same rules as for public streets.

2.Street names must consist of a root name of the developer's choosing and a suffix designation (such as "street," "avenue," "drive," etc.), and shall be followed by a quadrant suffix. Directional prefixes (i.e., "north," "south") and the prefixes "old" or "new" may not be used.

3.All streets shall bear the proper quadrant suffix appropriate to its location within the County (i.e. NE, NW, SE, and SW), as determined by the Gwinnett County Department of Planning and Development.

4.A proposed street that is obviously in alignment with another already existing and named street must bear the name of such existing street, unless this requirement is waived by the Gwinnett County Departments of Public Safety and Engineering.

5.Except within the same development, no proposed street name may duplicate (be spelled the same or be phonetically the same) as an existing street name within Gwinnett County regardless of the use of such suffix designations as "street," "avenue," "boulevard," "drive," "place," "way," "court," or however otherwise designated. In the same subdivision, a root name may not occur more than twice.

6.All street root names and suffix designations are subject to the approval of the Gwinnett County Department of Planning and Development. Obscene or otherwise unacceptable language, abbreviations, contractions, or initials may not be used.

7.Root names may not exceed 13 characters including space, hyphens, etc.

Letters not occurring in the English alphabet, and numerals, may not be used.

C.Street Address Assignments

1.A street address number must be assigned before issuance of a building permit. For any new structure proposed on a property that has not been assigned an address, a street number must be assigned upon confirmation or establishment of the property as a buildable lot of record under the requirements of these regulations.

2.Subdivisions. House numbers must be assigned after an exemption plat or preliminary plat is approved for the property. Submit two copies of the approved plat to the Gwinnett County Department of Planning and Development. Block number assignments must also be designated for abutting major street name signs at this time.

3.Commercial/industrial projects or buildings. Projects must be numbered after the developer submits the site plan to the City for development review.

The developer must submit a copy of the site plan to the Gwinnett County Department of Planning and Development for this purpose.

4.Multifamily rental projects. Projects must be numbered after the developer submits copies of the site plan for development review. The overall development must be issued a single street address. The developer must number/letter individual buildings and units and must also submit a copy of the site plan to the Gwinnett County Department of Planning and Development for this purpose.

5.Multifamily and other condominium projects. Projects must be numbered after the developer submits the site plan for development review. Individual units must be numbered consecutively if located along public or private streets. Units in the "stacked-flat" configuration must use the same numbering approach as applies to an apartment project. The developer must submit a copy of the site plan to the Gwinnett County Department of Planning and Development for this purpose.

6.Numbering system. The following numbering systems must be followed, per postal regulations:

a.Individual mailbox for each dwelling unit: Each street in the project must be named.

b.Cluster box system - Centralized mailbox for the entire project: One street name will serve to assign all house numbers for main delivery.

103-5.6. Initiation of Development

A.Initial Activities Required After the issuance of any permit authorizing clearing and grading of a site:

1.Required erosion control measures must be installed, where practical, by the developer and inspected and approved by the Director before actual grading or removal of vegetation. All control measures must be in place as soon after the commencement of activities as possible and in coordination with the progress of the project.

2.Soil sedimentation facilities must be installed and operational before major grading operations.

3.Areas required to be undisturbed by this UDO, conditions of zoning approval, or other ordinance or regulation must be designated by survey stakes, flags, or other appropriate markings and must be inspected and approved by the Director before starting any clearing or grading activities.

B.Tree Protection Areas Before starting land disturbance activities, and throughout the clearing and grading process, the following must occur for any designated tree protection area in accordance with any approved buffer and landscape plan or tree preservation/replacement plan:

1.For those trees that are not to be removed, all temporary protection fencing, staking, and any tree protection area signs must be in-place. These barriers must be maintained throughout the land disturbance process and should not be removed until landscaping is begun.

2.The tree protection areas may not be used for the storage of earth and other materials resulting from or used during the development process.

3.Construction site activities, such as parking, materials storage, concrete washout, burning, etc., must be arranged to prevent disturbances in the tree protection areas.

C.Development Inspections The developer or contractor must verbally notify the Director at least 24 hours before starting each of the following phases, as authorized by any permit for site work or development. Inspections must be made by the Director and passed before the continuation of further activity or proceeding into new phases. A similar notification must be made to the Gwinnett County Inspection Department for any activity involving the water or sanitary sewer system.

1.Clearing or clearing and grubbing of the site or any portion included under the permit.

2.Grading. Installation of slope stakes is required. Upon completion of roadway grading, the water certificate shall be submitted to the Gwinnett County Department of Planning and Development certifying that the centerline of the road and the offset centerline of the water line is within 6 inches of that shown on the approved plans or relined plan submittal. Inspection and approval will be required before trenching or continuation with subbase preparation.

3.Installation of storm drainage pipe, detention, or other stormwater facilities.

4.Installation of sanitary sewer and appurtenances. This notification must be made simultaneously with official notification by the developer or contractor to the Gwinnett County Water Pollution Control Division, and if for informational purposes only, to the Department.

5.Curbing of roadways. Inspection should be requested before the forms have been set (if used). Roadway width will be spot checked by string line between curb stakes.

6.Subbase or subgrade of streets. After compaction, the subgrade must be string-lined for depth and crown. The subgrade must be roll tested and must pass with no movement, to the satisfaction of the inspection department.

7.Street base. The base must be string-lined for depth and crown and must pass a roll test with no movement to the satisfaction of the Director.

8.Paving. The Director must be on-site during the paving process to check consistency, depth, and workmanship, as applicable. For asphalt paving, the temperature of the material will be spot-checked, and the roadways will be cored after completion to check thickness.

D.Responsibility for Quality and Design The completion of inspections by City officials or employees and authorization for work continuation will not transfer responsibility for the quality of the work performed or materials used from the contractor or developer, 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.

E.Stop Work Orders Work which is not authorized by an approved permit, or which is not in conformance to the approved plans for the project, or which is not in compliance with the provisions of this UDO or any other adopted code, regulation or ordinance of the City, will be subject to immediate stop work order by the Director. Work which proceeds without having received the necessary inspections of the Director must be halted until all inspections of intervening work are completed.

F.Stabilization for Erosion Control If, for any reason, a clearing and grubbing, grading, or development permit expires after land disturbance activities have started, the developer must stabilize the site for erosion control, under the direction of the Director.

G.Silt Fence Removal Upon completion of a site development project, silt fences and other temporary erosion control measures must be removed before the issuance of a certificate of occupancy or within 30 days of permanent stabilization or submission of a notice of termination to the State of Georgia, whichever occurs first.

103-5.7. Approval of Development

A.Prerequisite to Final Plat or Certificate of Occupancy This approval is a prerequisite to the approval of a final plat or issuance of a certificate of occupancy for any part of a project or issuance of a certificate of occupancy for any part of a project included in a development permit, except for single-family detached dwellings and two-family dwellings. The approval must reflect the owner's certification that all site work and construction has been accomplished according to the terms of approved plans and permits, and that all facilities intended for maintenance, supervision and/or dedication to the public are in compliance with appropriate standards, regulations, codes and ordinances.

Such approval will be revoked in cases of fraud or whenever unauthorized changes are made to the site without the benefit of required permits.

B.Submission Requirements Upon completion of the project authorized for construction by the development permit, the owner must file a certificate of development conformance with the Director, along with as-built surveys of all stormwater detention facilities and modifications to the limits of the 100-year floodplain (if any). An "as-built"

hydrology study for the project with the actual parameters from the record drawing of the detention facilities must be prepared. A record drawing of the sanitary sewer facilities must also be prepared, separately or included with the above, and submitted to the Public Utilities Department of Gwinnett County as well as the Department in accordance with their regulations. The certificate of development conformance must be in a form as required by the Director and must be accompanied by a development performance and maintenance agreement completed in draft form. If the owner is a corporation, the documents must be signed by the president or vice president, be affixed by the corporate seal, and either the corporate secretary must attest to the signature and affix the corporate seal, or a certificate of corporate resolution must also be submitted.

C.Approval Following final inspection and approval of all record drawings, the Director must approve the certificate of development conformance.

103-5.8. Closeout and Maintenance

A.Development Performance and Maintenance Agreement Based on the approved certificate of development conformance, the owner must file a final development performance and maintenance agreement with the Director, along with any required certificate of corporate resolution and performance or maintenance surety, as a prerequisite to the approval of a final plat or issuance of a certificate of occupancy for any part of a project included in the development permit, except for single-family detached dwellings and two-family dwellings. The development performance and maintenance agreement must be in a form as required by the Director, and must include the following:

1.Final required improvements yet to be completed (e.g., grassing, topping, sidewalks, required landscaping) and performance bonding. Final landscaping shall be provided in accordance with a schedule acceptable to the Department.

The developer may take up to 3 months after the date of approval of the certificate of development conformance to finish other designated improvements,

2.Maintenance of the public streets and drainage facilities within public streets or easements for the bonding period after the date of approval of the certificate of development conformance. Repairs must be made for any deficiencies identified within the bonding period or the bonds must be called to complete the same. The final street topping will not be applied until 90% of the lots have been issued a certificate of occupancy or until 36 months have passed from the date of final plat approval, whichever comes first. The Director has the ability to approve an alternate date for said topping based on the schedule of construction. The developer must post a 36-month performance surety in the amount of 110% of the cost of applying the final topping. If the final topping is not completed within 36 months of the date of final plat approval, the surety must be extended appropriately, as approved by the Director.

3.Indemnification of the City against all liability for damages arising as a result of errors or omissions in the design or construction of the development for a period of 10 years. If liability is subsequently assigned or transferred to a successor in title or other person, a copy of such legal instrument must be filed with the clerk to superior court.

B.Maintenance and Performance Surety

1.The maintenance surety and the performance surety, required from the owner/developer or the contractor employed by the owner/developer, must be in the form of cash deposited with the City, or letter of escrow or letter of credit from a bank, or other financial institution in a form acceptable to the Director and City Attorney.

2.Performance surety and maintenance surety must, in all cases, be provided in an amount as provided in Sec. 103-5.3.D (Final Plat Approval) or Sec. 103-5.4.D (Certificate of Development Conformance Approval Process), as applicable.

The maintenance bond period of application may not be less than 24 months from installation of the wearing course or final topping for a one-pass street and not less than 12 months from the installation of the binder for a two-pass street and which time will be extended equal to any extension of time for the performance bond granted by the Director but not more than 24 months. The performance bond period of application may not exceed 3 months unless an extension of an additional 3 months has been granted by the Director. All cost estimates must be as prepared by or acceptable to the Department.

3.A maintenance bond for the sanitary sewer facilities is required separately by the Water Pollution Control Division of Gwinnett County in accordance with their regulations. For the water system improvements, the contractor employed by the developer must maintain all water mains and appurtenances for 1 year from the date of approval of the certificate of development conformance by correcting all defects or deficiencies in materials or workmanship.

§ 103-6

Plans and Plats

103-6.1. General

A.All plans must be submitted for review as two sets of either blue line or black line prints. Only one copy of the stormwater management report is required. Re-submitted revisions must also be submitted as the original submittal. After final revisions are approved, three sets as described for the initial submittal must be submitted before release of the permit. If stamped, approved sets are desired in return, then more than three sets should be submitted. If approval signature is desired for future printing, the original sheet bearing the certificate of development plans approval should be submitted. In the case of a final plat, one mylar copy must also be returned for City records after recording and notation of the plat book and page on the plat.

B.When the Department provides written comments during plan review, a written response to those comments must be submitted with the re-submitted revisions.

The written response must include the Department’s comments and the applicant’s responses to them.

C.All approved permit drawings (including a concept plan) must be submitted using email, flash drive, or other means approved by the Director. The desired format is AutoCAD .dwg, however, universal .dxf format will also be acceptable if major plat integrity is maintained. An Acrobat .pdf of all drawings is also required. No other formats may be considered.

D.When a traffic impact analysis is required by Sec. 103-5.2 (Traffic Impact Analysis), it must be included with the plans.

103-6.2. Concept Plan Specifications

A.General The following paragraphs outline the required elements of both the required and optional plans and plats mentioned throughout this section.

B.Scale The concept plan for a subdivision or site development must be clearly and legibly drawn at a scale of not less than 1 inch = 100 feet. Sheet size may not exceed 48 inches by 36 inches, provided, however, a scale of 1 inch = 200 feet may be used to avoid sheets larger than 48 inches by 36 inches. The Director may approve other scales and sheet sizes as deemed appropriate.

C.Freehand Drawing The concept plan may be prepared as a freehand drawing to approximate scale of the proposed improvements, right-of-way, lot lines, etc., shown on a boundary survey or other property outline map of the property.

D.Concept Plan Contents The concept plan must contain the following:

1.Approximate total acreage.

2.Proposed total number of lots and minimum lot size.

3.Size and location of adjoining existing streets or access drives and proposed right-of-way, roadways, and access drives.

4.For multi-family and nonresidential site developments (not subdivisions), the approximate location and arrangement of buildings, parking areas, and other improvements including stormwater detention areas, and all required buffers.

5.Topography with contour intervals no greater than 10 feet.

6.Proposed method of sewage disposal, expressed as a note.

7.Boundary lines of the overall property showing bearings and distances along all lines and the bearings and distance to an existing street intersection or other recognized permanent landmark. The source of this boundary information must be indicated.

8.All contiguous property under the ownership or control of the developer, except those lands of a dissimilar zoning category specifically approved to be excluded by the Department. Areas not planned at the time of the submittal must be shown as "future development."

9.Authorization statement on the concept plan to read as follows:

I hereby submit this Concept Plan as authorized agent/owner of all property shown thereon, and certify that all contiguous property under my ownership or control is included within the boundaries of this Concept Plan, as required by the Development Regulations.

______________________ ________ Signature of Authorized Date Agent/Owner 10.Location sketch (vicinity map).

11.Lakes, ponds, and floodplains and the source of floodplain data including the panel number of flood insurance rate maps.

12.Required recreation areas and other public areas to be dedicated to the public or held in common ownership by a homeowner association or other similar entity.

13.Existing zoning of the property and adjoining properties.

14.Land lot and district.

15.Subdivider's name, local, and permanent (if different) address and phone number.

16.Name of company or person who prepared plan, local and permanent river tributary protection areas, if applicable to the property.

17.General development data (in tabular form) for individual multi-family or nonresidential site developments, such as number of residential units, number of gross square feet of nonresidential floor area by building, number of parking spaces, number of stories, etc.

18.General development data (in tabular form) for single-family developments, such as minimum lot size, floor area, and all relevant conditions of zoning.

19.Signature block to read as follows:

This Concept Plan has been reviewed and approved for general compliance with the Unified Development Ordinance of the City of Snellville, Georgia.

_______________________ _______ Planning and Development Date Director or Designee City of Snellville 20.The concept plan must be stamped and signed by a professional engineer, registered land surveyor, or landscape architect (as appropriate).

103-6.3. Subdivision Development Plans

A.Development Permit Application An application for a development permit for a subdivision shall consist of the preliminary plat, a certified boundary survey, associated slope or construction easements (if any), and such other development plans as may be required by these regulations.

B.Conformance Development plans must generally conform to the concept plan, if any, and must constitute only that portion of the approved concept plan which the subdivider proposes to construct at one time as a single unit, provided that such portion conforms to the requirements of these rules and regulations. If no concept plan was approved on the property, the development plans must include the entire property being developed within the same zoning category.

C.Scale Development plans must be clearly and legibly drawn at a scale of not less than 1 inch = 100 feet. Sheet size may not exceed 48 inches by 36 inches. Plan and profile must have a horizontal scale of no less than 1 inch = 100 feet and a vertical scale of no less than 1 inch = 10 feet.

D.Certified Boundary Survey

1.The preliminary plat must be based on a certified boundary survey delineating the entirety of the property contained within the preliminary plat, and tied to a point of reference (tie point) with the same degree of accuracy as the boundary survey itself. The survey must have an initial field closure precision of 1 foot in no less than 10,000 feet and must meet all requirements of Georgia law regarding the recording of maps and plats.

2.Each preliminary plat must be drawn on, accompanied by, or referenced to a boundary survey which must at least meet the requirements clause 1 above.

E.Preliminary Plat Contents The preliminary plat must contain the following:

1.Proposed name of the subdivision.

2.Name, address, and telephone number of the owner of record, and of the subdivider (if not the owner).

3.Name, address, and telephone number of each professional firm associated with the Development Plans (engineer, surveyor, landscape architect, etc.).

4.Date of survey, north point, and graphic scale, source of vertical datum, date of plat drawing, and space for revision dates.

5.Proposed use of the site, such as single-family detached residences, duplexes, townhouses, office park, industrial subdivision, etc. For residential, indicate the total number of dwelling units within the plat.

6.Location (land district and land lot), acreage, and density (if applicable).

7.Location sketch locating the subdivision in relation to the surrounding area with regard to well-known landmarks such as major thoroughfares or railroads.

Sketches may be drawn in freehand and at a scale sufficient to show clearly the information required, but not less than 1 inch = 2,000 feet. U.S. Geological Survey maps may be used as a reference guide for the location sketch.

8.Name of former subdivision if any or all of the land in the preliminary plat has been previously subdivided, showing boundaries of the same.

9.Boundary lines of the perimeter of the tract indicated by a heavy line giving lengths in feet and hundredths of a foot, and bearings in degrees, minutes, and seconds. Bearing and distance to designated tie point.

10.Directional flow arrows for street drainage and individual lot drainage when finished grading of lots is not shown.

11.Contour lines based on sea level datum, or other datum acceptable to the Department. These shall be drawn at intervals of not more than 2 feet. Contour lines shall be based on field surveys or photogrammetric methods from aerial photographs. The basis for the topographic contour shown must be specified and dated.

12.Natural features within the proposed subdivision, including drainage channels, bodies of water, and other known significant features such as extensive exposed rock. On all watercourses leaving the tract, the direction of flow must be indicated. The 100-year floodplain must be outlined and the source of the depicted floodplain information must be indicated. For those lots containing floodplain, a floodplain lot chart must be provided showing the area (in square feet) of each lot lying inside and outside of the floodplain as though the land disturbance activity were completed.

13.Man-made and cultural features existing within and adjacent to the proposed subdivision including existing right-of-way measured from the centerline, pavements widths, and names of existing and platted streets; all easements, City, and County jurisdiction lines; existing structures on the site and their disposition, and other significant information. Location and dimensions of existing bridges; water, sewer, and other existing utility lines and structures;

culverts and other existing features should be indicated.

14.Proposed layout including lot lines, lot numbers, and block letters; proposed street names, roadway, and right-of-way lines; and, sites reserved through covenants, easement, dedication, or otherwise for public uses. Lots must be numbered in numerical order and blocks lettered alphabetically. The minimum building setback line from all streets. Streets must be dimensioned to show right-of-way and roadway widths, central angles, intersection radii, and cul-de-sac roadway and right-of-way radii. Centerline curve data must be provided for all roadway curves [radius, length, amount of superelevation (if any), point of curvature (P.C.), point of tangency (P.T.),etc.] if not shown separately on construction drawings.

15.Identify the unit number, division, or stage of development, if any, as proposed by the subdivider.

16.Existing zoning of the property. Rezoning and variance case numbers, dates of approval and conditions (as applicable). Note minimum lot size and minimum yard setback requirements, and other applicable zoning requirements. Show and dimension any required buffers, landscape strips, no-access easements, etc. Note any approved waivers from these regulations.

17.All adjoining property owners, subdivision names, lot numbers and lot lines, block letters, and zoning.

18.Location of all known existing or previously existing landfills. A statement that no cut trees, timber, stumps, debris, rocks, stones, junk, rubbish, garbage, or other waste material of any kind must be buried in any right-of-way, under any proposed structure, and/or in any onsite/offsite pit.

19.Proposed recreation area, if any; area of the site; area and percent of the site within the 100-year floodplain; proposed disposition of the site (public ownership, homeowners association, etc.).

20.Such additional information as may be reasonably required to permit an adequate evaluation of the subdivision.

21.Plans must be stamped and signed by a professional engineer, registered land surveyor or landscape architect (as appropriate).

F.Certificate of Development Plans Approval and Owner's Acknowledgement Each preliminary plat must carry the following certificate printed or stamped thereon:

All requirements of the City of Snellville Unified Development Ordinance relative to the preparation and submission of a subdivision development permit application having been fulfilled, and said application and all supporting plans and data having been reviewed and approved by all affected City and Gwinnett County Departments as required under their respective and applicable regulations, approval is hereby granted, on this Preliminary Plat and all other development plans associated with this subdivision, subject to all further provisions of said Unified Development Ordinance and other City existing regulations.

_______________________ ___________ Planning and Development Date Director of Designee City of Snellville THIS CERTIFICATE EXPIRES TWELVE MONTHS FROM THE DATE OF APPROVAL UNLESS A DEVELOPMENT PERMIT IS ISSUED.

NOTE: The boundaries of the lots shown on this Plat have not been surveyed. This Plat is not for recording.

Owner's Acknowledgement for Preliminary Plat (STATE OF GEORGIA) (COUNTY OF GWINNETT)

The owner of the land shown on this plat and whose name is subscribed thereto, and in person or through a duly authorized agent, acknowledges that this plat was made from an actual survey, and accurately depicts the land owned by the undersigned and will dedicate to the use of the public forever all streets, sewer collectors, lift stations, drains, easements, and other public facilities and appurtenances thereon shown, and will transfer ownership of all public use areas in fee simple by deed, for the purposes therein expressed.

SUBDIVIDER _________ OWNER_________ DATE _______________ ___________

G.Additional Plans The preliminary plat must be accompanied by other development plans showing the following information when same is not shown on, or evident from the preliminary plat. The various plans may be combined where appropriate and clarity can be maintained.

1.Erosion control plan prepared in accordance with the requirements of Sec. 402-2 (Soil Erosion and Sedimentation Control). Erosion control measures may be shown on the grading plan, if desired.

2.Grading plan prepared in accordance with Sec. 402-1 (Grading) if grading is proposed beyond the street right-of-way.

3.Stormwater drainage construction data:

a.Location and size of all proposed drainage structures, including detention ponds, catch basins, grates, headwalls, pipes and any extensions thereof, energy dissipators, improved channels, and all proposed drainage easements to be located outside street right-of-way lines.

b.Profiles of all storm drainage pipes and slope of receiving channels. On storm drainage profiles a pipe chart must be shown which will include pipe numbers, pipe size, pipe material, pipe slope, pipe length, contributing drainage area, design flow, design storm frequency, runoff coefficient, and velocity. On all pipes, the 100-year storm line hydraulic grade line must be shown from the outlet to the farthest upstream catch basin, grated inlet or yard inlet. On all outfall structures from detention ponds, the hydraulic grade line must be shown for the 100-year storm.

c.Profiles of all open channels and ditches including Mannings' 25-year storm normal depth and velocity. On storm drainage profiles an open channel chart must be shown which will include open channel numbers, conveyance size, lining material, length, channel slope, contributing drainage area, design storm frequency, runoff coefficient, and velocity.

d.Hydrological study used in determining the size of structures, including a map of all contributing drainage basins and acreage.

4.If sanitary sewers are required by water pollution control, sanitary sewer plans, including the location and size of all proposed sewer lines, manholes, and any easements required therefore, together with sufficient dimensions to locate the same on the ground.

5.Construction data for new streets and street widenings:

a.Centerline profiles and typical roadway sections of all proposed streets, as well as plans and profiles for all proposed major thoroughfares. Typical roadway sections must be provided for street widenings.

b.Where sanitary or storm sewers are to be installed within a street, the grade; size, location, and bedding class of pipe; location and invert elevation of manholes must be indicated on the road profile.

c.Profiles covering roadways that are extensions of existing roadways must include: elevations at 50-foot intervals for such distance as may be adequate to provide continuity consistent with the standards required by the Regulations for street improvements, but no less than 200 feet.

d.All elevations must be coordinated and tied into the U.S. Coast and Geodetic Survey or Department of Transportation benchmarks where feasible, or into reference monuments established by the Federal Emergency Management Agency.

e.Stub streets must be profiled at least 200 feet onto adjoining property (no tree cutting).

6.Buffer and landscape plan, if any such areas exist within the subdivision, prepared in accordance with the specifications under this subsection and other articles of this UDO.

7.Tree preservation/replacement plan, as applicable.

8.Floodplain management plans. If any floodplain areas are located on the property, such data as is required by Sec. 403-4 (Floodplain Protection) must be submitted.

H.Encroachments Where construction is proposed on adjacent property, an encroachment agreement or easement must be submitted to the Department.

103-6.4. Final Plat Specifications

A.Scale The final plat must be clearly and legibly drawn in black ink on Mylar or other permanent reproducible material. The scale of the final plat must be not less than 1 inch = 100 feet. Sheet size must not exceed 48 inches by 36 inches. Any sheet that is larger than 17 inches by 22 inches must be photographically reduced to no more than 17 inches by 22 inches in order to be recorded with the Clerk of the Superior Court.

B.Certified Boundary Survey The final plat must be based on a certified boundary survey delineating the entirety of the property contained within the final plat, and tied to a point of reference (tie point) with the same degree of accuracy as the boundary survey itself. The survey must have an initial field closure precision of 1 foot in no less than 10,000 feet and must meet all requirements of Georgia law regarding the recording of maps and plats.

C.Conformance The final plat must substantially conform to the preliminary plat and it must constitute only that portion of the approved preliminary plat which the subdivider proposes to record at any one time, provided that such portion conforms to the requirements of these regulations, and said portion is not inconsistent with the public health, safety, or welfare. Any substantial deviation from the preliminary plat will require revision and reapproval of the preliminary plat.

D.Final Plat Contents The final plat must contain the following information:

1.Name of the subdivision, unit number, land district, and land lot number.

2.Name, address, and telephone number of the owner of record, and the subdivider (if not the owner).

3.Name, address, and telephone number of each professional firm associated with the portion of the subdivision within the final plat (engineer, surveyor, landscape architect, etc.).

4.Date of plat drawing, graphic scale, north point; notation as to the reference of bearings to magnetic, true north or grid north, and an indication whether bearings shown are calculated from angles turned.

5.Location sketch of tract showing major surrounding features.

6.Name of former subdivision, if any or all of the final plat has been previously recorded.

7.Case number, date of approval and all provisions for any applicable rezoning, special use permit, variance or waiver affecting the property.

8.Location and dimension of any buffer, landscape strip, special setback, no-access easement, etc., required by this UDO.

9.Boundary lines of the tract, to be indicated by a heavy line, giving distances to the nearest one-hundredth foot and bearings to the nearest second. Bearing and distance to designated tie point shall be shown. The plat must have an initial field closure precision of 1 foot in no less than 10,000 feet.

10.Municipal or county jurisdictional lines approximately tied to the lines of the subdivision by distance and angles when such lines traverse or adjoin the subdivision; land lot lines traversing or adjoining the subdivision must also be indicated.

11.Locations, widths, and names of all streets and alleys within and immediately adjoining the plat, the location and widths of all internal public crosswalks, and all other public rights-of-way.

12.Street centerlines showing angles of deflection and standard curve data including radii, length of arcs and tangents between curves, point of curvature (P.C.) and point of tangency (P.T.).

13.Lot lines with dimensions to the nearest one-tenth of a foot and bearings to the nearest second, and radii of rounded corners, as necessary to delimit each lot.

14.Building setback lines along streets with dimensions.

15.When lots are located on a curve or when side lot lines are at angles other than 90 degrees, the lot width may be required to be shown, if deemed necessary by the Department.

16.Lots numbered in numerical order and blocks lettered alphabetically.

17.Location and size of all drainage pipe, location and extent of detention ponds, the location and size of all public water mains and fire hydrants, and the location, dimensions, and purpose of any easements, including construction or slope easements if required.

18.Location of any areas to be reserved, donated, or dedicated to public use with notes stating their purpose and limitations. Location of any areas to be reserved by private deed covenant for the common use of all property owners, or dedicated to a homeowner's association.

19.A statement of private covenants if any, and they are brief enough to be put directly on the plat; otherwise, if covenants are separately recorded, a statement as follows:

This plat is subject to the covenants set forth in the separate document(s) attached hereto dated ____________, which hereby become a part of this plat, and which were recorded ____________ and signed by the owner.

20.Accurate location, material, and description of monuments and markers (all monuments must be in place before approval of the final plat.) A minimum of two permanent markers is required for horizontal and vertical reference.

Additional markers may be required on larger developments.

21.Certificates and statements specified in these regulations, below.

22.Extent of the 100-year floodplain and a floodplain chart showing the area within and outside the floodplain for each lot containing any portion of the 100-year floodplain. The origin of the floodplain data must be indicated.

23.Street address numbers and block number designations for street names signs on abutting streets, where appropriate.

24.Individual lots must be designated HLP (house location plan), RDP (residential drainage plan) and/or RDS (residential drainage study) if required by the Department and to be approved before issuance of a building permit.

25.All other notes or notations as may be required by the Department.

26.Plat must be stamped and signed by a registered land surveyor.

E.Open Space Lands If any lands are shown on the final plat for dedication to a property owners association in order to meet minimum open space requirements of this UDO, a copy of the deed of transfer for such dedication and a copy of the instrument of incorporation of the property owners association shall be submitted with the final plat application.

F.Certificates and Statements Each final plat must bear the following certificates or statements printed or stamped thereon as follows:

1.Final surveyor's certificate:

It is hereby certified that this plat is true and correct as to the property lines and all improvements shown thereon, and was prepared from an actual survey of the property made by me or under my supervision; that all monuments shown hereon actually exist, and their location, size, type and material are correctly shown. The field data upon which this plat is based has a closure precision of one foot in ____________ feet and an angular error of ____________ per angle point, and was adjusted using ____________ rule. This plat has been calculated for closure and is found to be accurate within one foot in ____________ feet, and contains a total of ____________ acres. The equipment used to obtain the linear and angular measurements herein was ____________ .

By:_______________________________ REGISTERED GEORGIA LAND SURVEYOR REG NO ____________ DATE OF EXPIRATION ____________

2.Owners acknowledgment and declaration:

(STATE OF GEORGIA) (COUNTY OF GWINNETT)

The owner of the land shown on this plat and whose name is subscribed hereto, in person or through a duly authorized agent, acknowledges that this plat was made from an actual survey, and accurately depicts the land owned by the undersigned and dedicated by this Acknowledgement and Declaration to the use of the public forever all streets, sewer collectors, lift stations, drains, easements, and other public facilities and appurtenances thereon shown.

______________________ ___________ SIGNATURE OF SUBDIVIDER DATE SIGNED ____________________________________ PRINTED OR TYPED NAME OF SUBDIVIDER __________________________________ SIGNATURE OF OWNER DATE SIGNED __________________________________ PRINTED OR TYPED NAME OF OWNER

3.Final plat approval:

The Planning Commission Chairman and the Director of the City of Snellville, Georgia, certifies that this plat complies with the City of Snellville Unified Development Ordinance, and that it has been approved by all other operational City and county departments, as appropriate. This plat is approved subject to the provisions and requirements of the Development Performance and Maintenance Agreement executed for this project between the Owner and the City of Snellville.

DATED THIS ____ DAY OF_____ , 20___.

_________________________________ Planning Commission Chairman _________________________________ Planning and Development Director or Designee

4.Health department certification (for subdivisions served by septic tanks):

The lots shown hereon have been reviewed by the Gwinnett County Health Department and with the exception of lots ____________ are approved for development. Each lot is to be reviewed by the Gwinnett County Health Department and approved for septic tank installation prior to the issuance of a building permit.

DATED THIS ____ DAY OF_____ , 20___.

BY:_______________________________ TITLE:_____________________________ GWINNETT COUNTY HEALTH DEPARTMENT Note: The above authorization only constitutes approval by the Gwinnett County Health Department. Authorization for development shall not be considered complete and final until the procedure in Sec. 103-5.3.D (Final Plat Approval) has been complied with.

5.Public notice - drainage:

Every single-family detached dwelling final plat must contain the following statement:

a.NOTE: The City of Snellville assumes no responsibility for overflow or erosion of natural or artificial drains beyond the extent of the street right-of-way, or for the extension of culverts beyond the point shown on the approved and recorded subdivision plat.

b.NOTE: Stream Buffer Easements are to remain in a natural and undisturbed condition.

c.NOTE: Structures are not allowed in drainage easements.

Every final plat that is not a single-family detached dwelling subdivision must contain the following statement:

a.NOTE: The City of Snellville assumes no responsibility for overflow or erosion of natural or artificial drains beyond the extent of the street right-of-way or for the extension of culverts beyond the point shown on the approved and recorded subdivision plat. The City of Snellville does not assume the responsibility for the maintenance of pipes in drainage easements beyond the City right-of-way.

b.NOTE: Stream Buffer Easements are to remain in a natural and undisturbed condition.

c.NOTE: Structures are not allowed in drainage easements.

6.House Location Plans (HLP)

On any final plat containing a lot for which a house location plan approval will first be required before issuance of a building permit, the following statement must be included:

HLP - HOUSE LOCATION PLAN

A House Location Plan shall be required to be approved by the Department prior to issuance of a Building Permit on those lots labeled "HLP.” A House Location Plan is a scale drawing submitted by the builder at the time of permit.

It is not required that this plan be prepared by a land surveyor or professional engineer. The purpose of this plan is to ensure that the house is properly located on the lot. Please refer to the City of Snellville Development Regulations or contact the Snellville Department of Planning and Development for further information.

7.Residential drainage plan (RDP) or study (RDS):

On any final plat containing a lot for which a residential drainage plan (RDP) or residential drainage study (RDS) will first be required before issuance of a building permit, the following statement must be included, as applicable:

RDP - RESIDENTIAL DRAINAGE PLAN

RDS - RESIDENTIAL DRAINAGE STUDY

A Residential Drainage Plan or Residential Drainage Study must be approved by the Department of Planning and Development prior to issuance of a Building Permit on those lots labeled "RDP" or "RDS," respectively. Please refer to the City of Snellville Development Regulations and contact the Snellville Department of Planning and Development for further information.

103-6.5. House Location Plan

A.Scale House location plans (HLPs) must be drawn to scale and may be shown on a certified boundary survey of the lot or any other drawing showing the information required below. The Department may accept a house location plan drawn to the same scale as shown on the final plat where sufficient detail can be shown to support an adequate review and approval. The house location plan may be combined with a residential drainage plan (RDP) if an RDP is required for the lot.

B.Preparation It is not the intent of the Department that the house location plan must be prepared by a registered surveyor or engineer, rather, it may be done by the individual proposing the improvements on the lot. It is the intent, however, to receive a drawing with sufficient readability and accuracy to ensure that the proposed improvements are constructed on the lot in conformance with the requirements of this UDO or other regulations, as applicable.

C.Contents House location plans must show the following as applicable:

1.Boundary lines of the lot, giving distances to the nearest one-tenth of a foot and bearings to the nearest minute.

2.Location and names of all abutting streets or other rights-of-way.

3.Minimum required front, side and rear building setback lines with dimensions, and notation of the existing zoning on the property.

4.The approximate outline of all buildings, driveways, parking areas, swimming pools, recreational courts, patios, accessory structures, and other improvements existing or proposed on the property, and dimensions of buildings and distances between all structures and the nearest property lines.

5.All easements, public water, sewer or storm drainage facilities traversing or located on the property, septic tank, and septic tank drain field.

6.Subdivision name, lot designation, land lot, and district.

7.North arrow and scale.

8.Limit of the 100-year floodplain and any applicable buffers or special building setback lines.

9.All other applicable requirements of this UDO or conditions of zoning approval.

10.Name, address, and telephone number of the owner and the person who prepared the HLP.

103-6.6. Residential Drainage Plan or Study

A.Scale Residential drainage plans must be drawn to scale on a certified boundary survey of the lot prepared by a registered land surveyor, having an initial field error of closure not exceeding 1 foot in 5,000 feet. The residential drainage plan may be combined with a an HLP if an HLP is required for the lot. The requirements contained herein also apply to lots which formerly required SPED (site plan -engineering division) approval before the issuance of a building permit.

B.Contents Residential drainage plans must show the following, as applicable:

1.Boundary lines of the lot, giving distances to the nearest one-tenth of a foot and bearings to the nearest minute.

2.Location and names of all abutting streets or other rights-of-way.

3.The outline of all buildings, driveways, parking areas, swimming pools, recreational courts, patios, accessory structures, and other improvements existing or proposed on the property, and dimensions of buildings and distances between all structures and the nearest property lines as required to locate the major improvements on the lot.

4.All easements, public water or sewer facilities traversing or located on the property, and septic tank drain field.

5.Subdivision name, lot designation, land lot, and district.

6.North arrow and scale.

7.Contour lines based on sea level datum. These must be drawn at intervals of not more than 2 feet and shall be based on a field survey. The proposed grading of the lot must be shown along with the finished floor elevation of the lowest habitable floor of the house.

8.Stormwater features, including swales, pipes, stormwater detention and other structures, all drainage (D.E.) easements, and directions of flow.

9.Floodplain features, including the limits of the flood hazard area, 100-year flood high water elevation, the origin of the floodplain data, and any proposed modifications to the floodplain limits.

10.Sedimentation and erosion control measures to be taken or placed on the lot during construction.

11.Names, address, and telephone number of the owner and person who prepared the RDP.

12.Seal, registration number, and date of expiration of the professional engineer or landscape architect who prepared the drainage improvements or modifications shown on the RDP.

13.Add the following notation: RESIDENTIAL DRAINAGE PLAN TO BE FIELD VERIFIED: A certificate of occupancy may not be issued for the structure until a written certification has been received from the developer's or builder's design professional stating that the provisions or improvements required by the residential drainage plan or as a result of the residential drainage study have been field verified.

13.

C.Residential Drainage Study

1.A residential drainage study (RDS) must be conducted by the developer's or builder's design professional before issuance of a certificate of occupancy on those lots so noted on the final plat. The requirements for an RDS contained herein also apply to lots that formerly required SSED (site study - engineering division) approval before the issuance of a building permit.

2.The grading and construction of the lot must be field verified by the developer's or builder's design professional as being in conformance with grading plans and stormwater management studies approved for the subdivision before issuance of a certificate of occupancy.

D.Plans to be Field Verified A certificate of occupancy may not be issued for the structure until a written certification has been received from the developer's or builder's design professional stating that the provisions or improvements required by the residential drainage plan or as a result of the residential drainage study have been field verified.

E.Notation of Stream or Floodplain on Development Plans or Plat If an RDP or RDS is required because a stream or floodplain is on or adjacent to the lot, the notation on the development plans and plat should be "RDP-E" or "RDS-E," as appropriate.

103-6.7. Site Development Plans

A.Application Criteria An application for a development permit for a multi-family or nonresidential site must consist of the site plan, a certified boundary survey or final plat reference, associated slope or construction easements (if any), and such other development plans as may be required by this UDO.

B.Conformance The development plans must generally conform to the concept plan, if any, and may constitute only that portion of the approved concept plan which the developer proposed to construct at one time as a single unit, provided that such portion conforms to the requirements of these rules and regulations and all setbacks, maximum density, and other zoning district restrictions. If no concept plan was approved on the property, the development plans must include the entire property being developed having the same zoning district.

C.Scale The development plans must be clearly and legibly drawn at an engineering scale convenient to illustrate the details of the project. Sheet size shall not exceed 48 inches by 36 inches. Plan and profile sheets, if any, must have a horizontal scale of no less than 1 inch = 100 feet and a vertical scale of no less than 1 inch = 10 feet.

D.Project Boundary Data

1.The site plan must be based on the boundaries of a lot as recorded on a final subdivision plat or on a certified boundary survey delineating the entirety of the property contained within the project, and tied to a point of reference (tie point) with the same degree of accuracy as the boundary survey itself. The survey must have an initial field closure precision of 1 foot in no less than 10,000 feet and must meet all requirements of Georgia law regarding the recording of maps and plats.

2.Each site plan must be drawn on, accompanied by, or referenced to a boundary survey which shall at least meet the requirements of clause 1 above.

E.Site Plan Contents The site plan must contain the following (on one or more sheets):

1.Proposed name of development. If the project is located within a subdivision, the name of the subdivision, lot, and block number must also be shown.

2.Name, address, and telephone number of the owner of record, and of the developer (if not the owner).

3.Name, address, and telephone number of each professional firm associated with the development plans (engineer, landscape architect, surveyor, etc.).

4.Date of survey, north point, and graphic scale, source of datum, date of plan drawing, and space for revision dates.

5.Proposed use of the site, including gross square footage for each different use type or building.

6.Location (land district and land lot), acreage or area in square feet, and density (if applicable).

7.Location sketch locating the development in relation to the surrounding area with regard to well-known landmarks such as major thoroughfares or railroads.

Sketches may be drawn in freehand and at a scale sufficient to show clearly the information required, but not less than 1 inch = to 2,000 feet. U.S.

Geological Survey maps may be used as a reference guide for the location sketch.

8.Size and location of all buildings, building setback lines, minimum yard lines, and distances between buildings and from buildings to property lines; location of outdoor storage areas; parking and loading areas, driveways, curb cuts and designated fire lanes. Each building must be identified with a number or letter.

9.Boundary lines of the perimeter of the tract indicated by a heavy line giving lengths to the nearest one-hundredth of a foot and bearings to the nearest second. Bearing and distance to designated tie point.

10.Directional flow arrows for street drainage.

11.Contour lines based on sea level datum. These must be drawn at intervals of not more than 2 feet and shall include the entire site and all abutting public streets. Contour lines must be based on field surveys or photogrammetric methods from aerial photographs. The basis for the topographic contour shown must be specified and dated.

12.Natural features within the proposed development, including drainage channels, bodies of water, and other known significant features such as extensive exposed rock. On all watercourses leaving the tract, the direction of flow must be indicated. The 100-year floodplain shall be outlined and the source of the depicted floodplain information must be indicated. The acreage or area in square feet within the floodplain must be indicated.

13.Man-made and cultural features existing within and adjacent to the proposed development including existing right-of-way measured from the centerline, pavement widths, and names of jurisdiction lines; existing structures on the site and their disposition, and other significant information. Location and dimensions of existing bridges; water, sewer, and other existing utility lines and structures; culverts and other existing features should be indicated.

14.Proposed street names, roadway and right-of-way lines and widths and sites reserved through covenants, easement, dedication or otherwise for public uses.

15.Identify the unit number, division or stage of development, if any, as proposed by the developer.

16.Show all adjoining property owners, subdivision names, lot numbers, lot lines and block letters, and zoning.

17.Show the location and number of parking spaces according to the size of the building on the plans. Show factors used in determining the number of spaces required by Sec. 207-1.5 (Accessible Parking). Accessible parking spaces must be shown as required by the Georgia law.

18.Zoning district rezoning case number, date of approval and conditions (as applicable). Variances obtained on the property should be shown with the case number, date of approval and conditions (if applicable). Note any approved waivers from these regulations.

19.If buffers or other landscaping or screening treatments are required, show the location, size, and type (natural or planted) on the plans conforming to the tree preservation/replacement plan or buffer and landscape plan, as applicable.

20.Location, height, and size of all freestanding signs to be erected on the site, and an indication of whether lighted or unlighted.

21.Location of all known existing or previously existing landfills. A statement that no cut trees, timber, stumps, debris, rocks, stones, junk, rubbish, garbage, or other waste material of any kind must be buried in any right-of-way, under any proposed structure, and/or in any onsite/offsite pit.

22.Such additional information as may be reasonably required to permit an adequate evaluation of the project.

23.Plans must be stamped and signed by a professional engineer, registered land surveyor or landscape architect (as appropriate).

F.Certificate of Development Plans approval And Owner's Acknowledgement Each site plan must carry the following certificate printed or stamped thereon:

All requirements of the City of Snellville Regulations relative to the preparation and submission of a development permit application having been fulfilled, and said application and all supporting plans and data having been reviewed and approved by all affected city and county departments as required under their respective and applicable regulations, approval is hereby granted of this site plan and all other development plans associated with this project subject to all further provisions of said development and other city regulations.

____________________________ ________ Planning and Development Date Director or Designee City of Snellville THIS CERTIFICATE EXPIRES TWELVE MONTHS FROM THE DATE OF APPROVAL UNLESS A DEVELOPMENT PERMIT IS ISSUED Owner's Acknowledgement and Declaration:

(STATE OF GEORGIA) (COUNTY OF GWINNETT)

The owner of the land shown on this plat and whose name is subscribed thereto, and in person or through a duly authorized agent, acknowledges that this plat was made from an actual survey, and accurately depicts the land owned by the undersigned and dedicated by this declaration to the use of the public forever all streets, sewer collectors, lift stations, drains, easements, and other public facilities and appurtenances thereon shown, and transfers ownership of all public use areas in fee simple by deed, for the purposes therein expressed.

SUBDIVIDER __________ OWNER ________ DATE ____________ DATE ____________

G.Additional Plans The site plan must be accompanied by other development plans showing the following information when same is not shown on, or evident from the site plan.

The various plans may be combined where appropriate and clarity can be maintained.

1.Erosion control plan prepared in accordance with the requirements of Sec. 402-2 (Soil Erosion and Sedimentation Control). Erosion control measures may be shown on the grading plan, if desired.

2.Grading plan, prepared in accordance with the requirements Sec. 402-1 (Grading).

3.Stormwater drainage construction data:

a.Location and size of all proposed drainage improvements, and all proposed drainage easements to be located outside street right-of-way lines.

b.Profiles of all storm drainage pipes and slope of receiving channels. The hydraulic grade line for the 100-year storm is to be shown on all pipes and detention basin outfalls. On storm drainage profiles a pipe chart must be shown, including pipe numbers, pipe size, pipe material, pipe slope, pipe length, contributing drainage area, design flow, design storm frequency, runoff coefficient and velocity. Profiles of all open channels and ditches must be shown including the design flow normal depth and velocity. On storm drainage profiles an open channel chart must be shown which will include open channel numbers, conveyance size, lining material, length, channel slope, contributing drainage area, design flow, design storm frequency, runoff coefficient and velocity for the required design flow.

c.Acreage of drainage areas and hydrological study used in determining the size of structures, including a map of all contributing drainage basins and acreages.

4.Sewage disposal plans, as follows:

a.Sanitary sewer plans, including the profiles and other information as may be required by Gwinnett County Water Pollution Control.

b.For projects proposed to be served by on-site sewage disposal systems, location and extent of the septic tank, drain field and attendant structures, and other information required by the Gwinnett County Health Department.

5.Street widening and construction data:

a.Centerline profiles and typical roadway sections of all proposed streets, as well as plans and profiles for all proposed major thoroughfares. Profiles (and plans, where required) must be drawn on the standard plan and profile sheet with plan section showing street layout, pavement and right-of-way width, curvature, and required drainage facilities. Typical roadway sections shall be provided for street widenings.

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

c.Profiles covering roadways that are extensions of existing roadways shall include; elevations at 50-foot intervals for such distance as may be adequate to provide continuity consistent with the standards required by these regulations for street improvements, but no less than 200 feet.

d.All elevations shall be coordinated and sited into U.S. Coast and Geodetic Survey or Department of Transportation benchmarks where feasible or into reference monuments established by the Federal Emergency Management Agency.

e.Buffer and landscape plan, if any such areas exist within the site, prepared in accordance with the specifications here, and otherwise required by this UDO.

f.Tree preservation/replacement plan, as applicable.

g.Floodplain management plans; if any floodplain areas are located on the property. Such data as is required by the floodplain management ordinance must be submitted.

h.Private water system plans, if any, indicating proposed water main size and location, with fire hydrants, on the site. The distance and direction to all other fire hydrants within 500 feet of the site or buildings along existing streets or other access drives must also be indicated.

i.Street striping plan, showing striping in accordance with the Manual on Uniform Traffic Control devices, for any street newly constructed to four or more lanes, and all newly constructed or widened major thoroughfares.

H.Encroachments Where construction is proposed on adjacent property, an encroachment agreement or easement must be submitted to the Department.

I.Public Notice, Drainage Every site plan must contain the following statement:

1.NOTE: The City of Snellville assumes no responsibility for overflow or erosion of natural or artificial drains beyond the extent of the street right-of-way or for the extensions of culverts beyond the point shown on the approved and recorded plan. The City of Snellville does not assume the responsibility for the maintenance of pipes in drainage easements beyond the City right-of-way.

2.NOTE: Stream Buffer Easements are to remain in a natural and undisturbed condition.

3.NOTE: Structures are not allowed in drainage easements.

103-6.8. Tree Ordinance Plans

A.Conformance A tree preservation/replacement plan is required only when indicated in Sec. 207-4 (Tree Ordinance).

B.Additional Plans Tree preservation/replacement plans must be prepared in accordance with the specifications contained in Sec. 207-4 (Tree Ordinance). At the developer's option, the plan may be combined with other plans such as a general landscaping plan for the project.

103-6.9. Buffer and Landscape Plans

A.Required A buffer and landscape plan is required when indicted in this UDO.

B.Conformance The buffer and landscape plans must be prepared in accordance with this UDO. At the developer's option, the plan may be combined with other plans such as a general landscaping plan.

§ 103-7

Board of Appeals

103-7.1. Proceedings

A.The Board of Appeals must adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this UDO. The Board of Appeals must conduct its regular meetings on the second Tuesday of each month and at such other times as the chairperson or board determines, with the chairperson or board having the right to re-schedule or cancel any meeting. The chairperson, or in their absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses. All meetings must be open to the public.

B.The Board of Appeals must keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and must keep records to its examinations and other official actions, all of which will be a public record and be immediately filed in the office of the board.

103-7.2. Powers and Duties

The Board of Appeals has the following powers and duties:

A.Administrative Review To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by a staff member of the Department in the enforcement of this UDO. See Sec. 103-7.3 (Administrative Decision Appeals).

B.Variances and Waivers To authorize, upon appeal in specific cases, such variance from the terms of this UDO as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the UDO would result in unnecessary hardship. A variance may not be granted by the Board of Appeals unless and until:

1.A written application for a variance or waiver is submitted demonstrating:

a.That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same zoning district;

b.That literal interpretation of the provisions of this UDO would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this UDO;

c.That the special conditions and circumstances do not result from the actions of the applicant;

d.That granting the variance or waiver requested will not confer on the applicant any special privilege that is denied by this UDO to other lands, structures, or buildings in the same zoning district.

No nonconforming use of neighboring lands, structures, or buildings in the same zoning district, and no permitted or nonconforming use of lands, will be considered grounds for the issuance of a variance.

Any application for an administrative review, variance, and/or waiver must be submitted by noon 36 days before the date on which it is to be considered by the Board of Appeals. The applicant must submit nine stapled or bound copies of the application and any supporting documents, in addition to one unbound application bearing original signatures. In addition, a digital copy in .pdf (and .dwg format, as appropriate) of all materials must be submitted using email, flash drive, or other means approved by the Director. The submitted application must also include: Verification by Gwinnett County that all property taxes owed have been paid; a certificate of title for all lots subject to the application; and a map indicating the subject property(ies) and the adjacent properties, identified by tax parcel number. An initiating party must also file any other information or supporting materials that are required by the City Council, Planning Commission, and/or the Department and must pay any filing fee.

The Department must notify the owners of adjoining properties of the property for which the variance is sought and/or their agent by certified mail with return receipt requested as shown by the Gwinnett County GIS Data Broswer. The notification must be mailed not fewer than 15 days, nor more than 45 days before the Board of Appeals hearing. The notification must include a description of the application and the date, time, and place of the public hearing.

2.The City must provide notice of the public hearing at least 15 days before the public hearing. Notice of such hearings must be posted on the property for which the variance or waiver is sought and at city hall.

3.Due notice of the Board of Appeals hearing must be published in the newspaper which carries the legal advertisements of the City, by advertising the application and date, time, place and purpose of the public hearing not fewer than 15 days, nor more than 45 days before the date of the Board of Appeals hearing.

4.The public hearing must be held. Any party may appear in person, or by agent or attorney.

5.The Board of Appeals must further make findings that the requirements of this paragraph B have been met by the applicant for a variance or waiver.

6.The Board of Appeals must further make a finding that the reasons set forth in the application justify the granting of the variance or waiver is the minimum variance that will make possible the reasonable use of the land, building, or structure.

7.The Board of Appeals must further make a finding that the granting of the variance or waiver will be in harmony with the general purpose and intent of this UDO, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this UDO. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, will be deemed a violation of this UDO that is punishable under its provision.

103-7.3. Administrative Decision Appeals

A.Appeals to the Board of Appeals concerning interpretation or administration of this UDO may be taken by any person aggrieved or by any officer or bureau of the governing body of the City affected by any decision of a staff member of the Department of Planning and Development. Appeals must be filed with the Department within 15 days of said decision on the form/application provided by the City, including payment of fees. The Director must forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

B.An appeal stays all proceedings in furtherance of the action appealed from unless the Director certifies to the Board of Appeals that, by reason of facts stated in the certificate, a stay would, in their opinion, cause imminent peril, to life or property.

In such a case, proceedings may not be stayed otherwise than by the Zoning Board of Appeals or by a restraining order granted by a court of record on application, and notice to the Director for good cause shown.

C.The person requesting the appeal must first submit to Department a written statement clearly defining the nature of the disagreement, the specific reference to the sections of the regulations at issue, and the applicant's own opinion.

D.If the Department fails to respond within 10 business days from the date of transmittal of the appeal, the Department must automatically forward a copy of the appeal to the Board of Appeals for final action in their normal course of business.

E.The Board of Appeals must hear and act upon within 45 days of receipt and give public notice thereof. At the hearing, any party may appear in person or by agent or attorney.

F.In exercising the above-mentioned powers, the Board of Appeals may, so long as such action is in conformity with the terms of the this UDO, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end will have the powers of the Department staff member from whom the appeal is taken.

§ 103-8

Administrative Variances

103-7.4. Reapplication

If an application for a variance or waiver is denied by the Board of Appeals, a reapplication for such variance or waiver may not be made earlier than 12 months from the date of the original application.

103-7.5. Appeals

Any person aggrieved by a decision or order of the Board of Appeals may appeal by certiorari to the Superior Court of Gwinnett County. Such appeal must be filed within 30 days from the date of the decision of the Board of Appeals. Upon failure to file the appeal within 30 days, the decision of the Board of Appeals will be final.

Administrative Variances

103-8.1. General

A.The Director may modify the following standards during development review:

1.Front yard or street side yard. Variance not to exceed 5 feet.

2.Interior side yard. Variance not to exceed 2 feet.

3.Rear yard. Variance not to exceed 4 feet.

4.Height of building. Variance not to exceed 5 feet, provided the maximum number of stories allowed may not be increased.

5.Side or rear yard. A variance for a 0-foot setback may be granted when part of a commercial or mixed-use development and planned as a unit with a similar architectural composition and not a miscellaneous assemblage of stores, provided, however, that before any issuance of the variance, the applicant must obtain approval from the affected side and/or rear yard property owner(s).

6.Sidewalk setback. Variance for a 0-foot setback

7.The one exception would cover nonconforming structures. Structures that preceded this UDO and do not conform to its may be granted an administrative variance not identified in clauses 1 through 6 above when ownership is changing and the mortgage company requires conformity to the UDO.

B.The Director may also modify other standards as specifically provided in this UDO.

C.Any other modification beyond those contained in paragraphs A or B above must be considered by the Board of Appeals as a variance.

103-8.2. Criteria for Approval

The applicant must demonstrate, and the Director must find, that all of the following criteria are present when approving a request for an administrative variance:

A.There are clear and compelling reasons that are not purely financial demonstrating that the required standard cannot be met;

B.The variance is the minimum amount necessary to meet the objectives identified above; and

C.The requested adjustment will not contravene the public interests or negatively impact adjoining properties.

§ 103-9

Amendments

103-9.1. Applicability

A.Zoning Amendments Amendments to the provisions of this UDO that constitute a zoning ordinance under Sec. 101-1.6.B (Zoning Compliance Law) or that involve the Future Land Use Map of the Comprehensive Plan must conform to this section.

B.Non-Zoning Amendments Amendments to the provisions of this UDO that are not included in paragraph A above may be amended using the City’s general procedures for ordinance amendments.

103-9.2. General

The regulations, restrictions, and boundaries contained in this UDO may from time to time be amended, supplemented, changed, or repealed, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens must have an opportunity to be heard. This UDO, including the Official Zoning Map and the Future Land Use Map, may be amended from time to time by the City Council, but no amendment is effective unless it has been proposed by or has first been submitted to the Planning Commission for review and recommendation.

103-9.3. Initiation of Amendments

A.Prior to the submittal of an amendment application, the applicant must meet with the planning department staff for a Pre-Submittal Review Meeting.

B.Amendment applications may be in the form of proposals to amend the text, the Future Land Use Map, or the Official Zoning Map. An application to amend the text of this UDO may be initiated by the Department, submitted to the Planning Commission by the City Council, or submitted by any person with an interest in the city. An application to amend the Future Land Use Plan or the Official Zoning Map may be initiated by the Planning Commission or be submitted to the Planning Commission by the City Council. Unless initiated by the City Council or the Planning Commission, all applications to amend the Future Land Use Plan, Official Zoning Map, or conditions of zoning must be submitted by the owner of the affected property or the authorized agent of the owner. Such authorization must be notarized and attached to the application.

103-9.4. Application Requirements

Each application to amend the text of this UDO, the Future Land Use Map, or the Official Zoning Map must be filed with the Department. Applications must be submitted in compliance with the following:

A.UDO Text Amendments UDO text amendment applications must include the following:

1.Payment of the appropriate application fee.

2.Name and address of the applicant.

3.Current provisions of text to be affected by the amendment.

4.The proposed wording of text change.

5.Letter of intent explaining what is proposed and the reason for the request.

6.Applicant's certification.

7.Conflict of interest certification and disclosure of campaign contributions.

8.Ten stapled or bound copies of the text amendment application and all supporting documents, in addition to one unbound application bearing original signatures. In addition, a digital copy in .pdf format of all submitted materials must be submitted using email, flash drive, or other means approved by the Director.

B.Future Land Use Map Amendments Future Land Use Map amendment applications must include the following:

1.Payment of the appropriate application fee.

2.A current legal description of the site proposed for amendment. If the site proposed for amendment includes multiple lots, provide a separate legal description for each individual lot, together with a composite legal description for the site.

3.Ten printed boundary surveys of the site that is to have a revised land use under the applicant's proposal, at least one of which should be an 11 x 17-inch (or smaller) reduction. In addition, a digital copy in .pdf and .dwg. format must be submitted using email, flash drive, or other means approved by the Director.

The survey must have been prepared by a registered land survey no more than 12 months before the date of submittal.

4.All permitted land uses for the identified area under the existing Future Land Use Map.

5.All changes to existing land use designations that are proposed by the application.

6.All land uses immediately adjacent to the subject property under the existing Future Land Use Map.

7.A letter listing all the reasons for the amendment application.

8.Applicant's and/or owner's certification.

9.Names and addresses of the owner(s) of the land or their agent(s), if any, authorized to apply for an amendment.

10.A written, documented analysis of the impact of the proposed land use change that specifically addresses each of the following matters:

a.Whether the proposed land use change will permit uses that are suitable in view of the uses and development of adjacent and nearby property.

b.Whether the proposed land use change will adversely affect the existing uses or usability of adjacent or nearby property.

c.Whether the proposed land use change will result in uses which will or could cause excessive or burdensome uses of existing streets, transportation facilities, utilities, or schools.

11.Whether there are other existing or changing conditions affecting the use and development of the affected land areas which support either approval or disapproval of the proposed land use change.

12.Ten stapled or bound copies of the Future Land Use Map amendment application and all supporting documents, in addition to one unbound application bearing original signatures. In addition, a digital copy in .pdf format must be submitted using email, flash drive, or other means approved by the Director.

13.Verification by Gwinnett County that all property taxes owed have been paid (for all lots subject to this application).

14.A certificate of title (for all lots subject to the application).

15.A map indicating the site and the adjacent properties, identified by tax parcel number.

16.An initiating party must also file any other information or supporting materials that are required by the City Council, Planning Commission and/or the Department.

C.Zoning Map Amendments Zoning map amendment applications must include the following:

1.Payment of the appropriate application fee as determined by the fee schedule.

2.A current legal description of the site to be rezoned. If the site proposed for amendment includes multiple lots, provide a separate legal description for each individual lot, together with a composite legal description for all lots.

3.Ten printed boundary surveys of the site to be rezoned, at least one of which should be an 11 x 17-inch (or smaller) reduction. In addition, a digital copy in .pdf and .dwg. format must be submitted using email, flash drive, or other means approved by the Director. The survey must have been prepared by a registered land survey no more than 12 months before the date of submittal.

4.Ten copies of the proposed site plan, and one 11 x 17-inch (or smaller)

reduction of the plan, drawn to scale, showing: a north arrow; land lot, district, and parcel number: the dimensions with bearing and distance; acreage;

location of the tract(s); the present zoning district of all adjacent lots; the proposed location of structures, driveways, parking, and loading areas; and the location and extent of required buffer areas. The site plan must be prepared by an architect, engineer, landscape architect or land surveyor whose State registration is current and valid. The site plan must be stamped and sealed by one of the four above-mentioned professionals no more than 6 months before the date of submittal. In addition, a digital copy in .pdf and .dwg formats must be submitted using email, flash drive, or other means approved by the Director.

5.Letter of intent explaining what is proposed.

6.Ten stapled or bound copies of the zoning map amendment application and all supporting documents, in addition to one unbound application bearing original signatures. In addition, a digital copy of all materials in .pdf format must be submitted using email, flash drive, or other means approved by the Director.

7.Applicant's and/or owner's certification.

8.Conflict of interest certification and disclosure of campaign contributions.

9.The present and proposed zoning district for the site.

10.The names and addresses of the owners of the land and their agents, if any.

11.Each zoning map amendment application, whether submitted by the City or by another party, must include with it a written, documented analysis of the impact of the proposed rezoning with respect to each of the following matters:

a.Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby properties.

b.Whether the zoning proposal would adversely affect the existing use or usability of adjacent or nearby property.

c.Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned.

d.Whether the zoning proposal will result in a use that will or could cause excessive or burdensome use of existing, streets, transportation facilities, utilities, or schools.

e.Whether the zoning proposal is in conformity with the policy and intent of the Future Land Use Map.

f.Whether there are other existing or changing conditions affecting the use and development of the property, which give supporting grounds for either approval or disapproval of the zoning proposal.

12.Architectural building renderings indicating building elevation, colors, construction materials, etc. of which the facades and roofs will consist.

13.Verification by Gwinnett County that all property taxes owed have been paid (for all lots subject to this application).

14.A certificate of title (for all lots subject to the application).

15.A map indicating the site and the adjacent properties, identified by tax parcel number.

16.A traffic impact analysis when required by Sec. 103-5.2.

17.An initiating party must also file any other information or supporting materials that are required by the City Council, Planning Commission, and/or the Department.

D.Timing Applications must be submitted by noon at least 42 days before the date on which it is to be considered by the Planning Commission. Any application that does not include all of the components required in paragraphs A, B, and C above will be considered incomplete; submission date will be considered the date upon which the application is accepted as complete by the Department. Fees for an application to amend this UDO, the Official Zoning Map, the Future Land Use Map, or any combination thereof, must be paid by the applicant upon submission, except that a fee is not charged for applications initiated by the City Council or Planning Commission.

E.Withdrawal

1.Once an application for a Future Land Use Map amendment and/or Official Zoning Map amendment has been made, the applicant may withdraw such application without prejudice until the legal advertisement for the City Council public hearing has been placed in the City's legal organ (no less than 21 days before the City Council public hearing). No application may be withdrawn less than 21 days before the City Council public hearing unless the request for withdrawal is granted by the City Council at the public hearing. Otherwise, all applications must be considered by the City Council.

2.There will be no reimbursement for withdrawn applications. An applicant may request reimbursement in writing to the City Council. Said request will be considered during a regular meeting of the City Council.

F.Denial If an application for a Future Land Use Map amendment and/or an Official Zoning Map amendment is denied by the City Council, no application affecting any portion of the same property may be submitted less than 12 months from the date of denial.

103-9.5. Department Study

A.The Department , upon receiving an application to amend this UDO, Future Land Use Map, or the Official Zoning Map, may do the following:

1.Consult with other departments of the City or County to fully evaluate the impact of any land use category or zoning district change upon public facilities and services including, but not limited to, schools, drainage, traffic, and related facilities.

2.Conduct a site review of the property and surrounding area.

3.Submit a written record of its investigation and recommendations to the Planning Commission and City Council. This report will be a matter of public record.

B.The Department’s report may recommend amendments to the applicant's request which would reduce the land area for which the application is made, change the land use category or zoning district requested, and/or recommend conditions of rezoning which may be deemed advisable so that the purpose of this UDO will be served and the public health, safety, morality, and general welfare secured.

103-9.6. Planning Commission Action

The Planning Commission must hold a public hearing on each application in accordance with a schedule adopted by the City Council. Staff recommendations on each application must be submitted to the Planning Commission before the public hearing. In addition, the Planning Commission must, with respect to each application, investigate and make a recommendation as to each of the matters set forth in Sec.

103-9.4.B.10 and/or Sec. 103-9.4.C.11 for approval, denial, deferral, withdrawal without prejudice, or no recommendation. Proponents and opponents of any amendment will be allotted at least 10 minutes, per side, for the presentation of data, evidence, and opinion during said public change. A written report of the Planning Commission's investigation and recommendation, along with the investigation and recommendation of the Department, must be submitted to the City Council and will be of public record.

103-9.7. City Council Public Hearing

Before taking action on a proposed amendment and after receipt of the Department of Planning and Development and Planning Commission recommendations and reports thereon where required, the City Council will hold a public hearing on the proposal. At the public hearing, the City Council will review the reports prepared by the Department of Planning and Development and the Planning Commission. So that the purpose of this UDO will be served and the public health, safety, morality, and general welfare secured, the City Council may approve or deny the application, reduce the land area for which the application is made, change the district or land use category requested, and/or add or delete conditions of the application that are more or less restrictive than the current regulations. Proponents and opponents of any amendment will be allotted a minimum of 10 minutes, per side, for the presentation of data, evidence, and opinion during said public hearing. An action by the City Council to defer the application will include a statement of the date and time of the next meeting at which the application will be considered, which statement will constitute public notice of the hearing on the application and no further notice, such as that required by Sec. 103-9.8 (Public Notification), is required.

103-9.8. Public Notification

The following are required for applications to amend the Future Land Use Map, Official Zoning Map, conditions of rezoning, or for a special use permit:

A.Legal Notice Due notice of the Planning Commission meeting and the City Council public hearing must be published in a newspaper of general circulation within the City and the newspaper which carries the legal advertisements of the City, by advertising the application and date, time, place and purpose of the public hearing, not fewer than 15 days, nor more than 45 days before the date of the Planning Commission meeting and the City Council public hearing. If the application is to amend the Future Land Use Map, the notice must include location, current land use category and proposed land use category. However, if the application is for an amendment to the Official Zoning Map, then the notice must also include the location of the property, the present zoning district of the property, and the proposed zoning classification of the property.

B.Signs Posted The Department must post a sign containing information that indicates that the application(s) has been filed and the date, time, and place of both the Planning Commission meeting and City Council public hearing at which the application(s) will be considered. The sign(s) must be posted at least 15 days, nor more than 45 days before the Planning Commission public hearing and must be posted in a conspicuous place on the property adjacent to and visible from each public street abutting the property for which an application has been submitted. The applicant must submit the required fee for the purchase of said sign(s) at the time such an application(s) is submitted. The applicant must maintain the sign(s) in good condition, making sure they are present and upright throughout the application review period, which must extend through the time of final City Council decision.

The Department is responsible for the removal of all public notice sign(s).

C.Letters to Property Owners The Department must notify the owners of adjoining properties of the property for which the variance is sought and/or their agent by certified mail with return receipt requested as shown by the Gwinnett County GIS Data Browser. The notification must be mailed at least 15 days before the Planning Commission meeting. A second notification mailing must be at least 15 days before the City Council public hearing. The notification must include a description of the application and the date, time, and place of the public hearing.

103-9.9. Rezoning Condition Alteration

A.An application to alter conditions of rezoning must be submitted and processed in accordance with all provisions applicable to map amendments through the Department, the Planning Commission for a public hearing, and to the City Council for a public hearing.

B.The City Council may add or delete conditions to rezoning applications during the public hearing that are more or less restrictive than this UDO.

103-9.10. Order of Amendments

The permitted order in which amendments may be made to the text of this UDO, the Future Land Use Map, and the Official Zoning Map, respectively, is as follows:

A.The text of this UDO may be amended without prior or subsequent amendment to the Future Land Use Map or the Official Zoning Map.

B.The Official Zoning Map may be amended without an amendment to the Future Land Use Map if the proposed amendment would permit a use that is permitted by the Future Land Use Map.

C.If a proposed amendment to the Official Zoning Map would permit a use that is not authorized within the land use category of the subject property as shown on the Future Land Use Map, then the applicant must obtain an appropriate amendment to the Future Land Use Map before applying for the rezoning. The applicant may apply for an appropriate amendment to the Future Land Use Map and at the same time apply for zoning map amendment.

D.The Future Land Use Map may be amended regardless of the zoning districts that apply to the subject property.

E.Where an application to amend the Future Land Use Map and an application to amend the Official Zoning Map each affect the same property and are scheduled to be heard at the same hearing, the application to amend the Future Land Use Map must be heard first and action authorized by this section taken before the application to amend the Official Zoning Map may be heard and action taken with respect thereto.

103-9.11. Failure to Implement Plans

If a site development plan or preliminary plat has not been submitted to the Department within 12 months of the date of approval of the rezoning application, then the Planning Commission may review each case to determine if there are circumstances clearly justifying such delays. If justifying circumstances do not exist, the Planning Commission may recommend to City Council that the zoning map be amended to change the land to its prior zoning classification.

103-9.12. Evaluation of Amendments

A.In considering the applications for an amendment to this UDO or Official Zoning Map, or in making other zoning decisions, the following factors may be considered:

1.The impact upon the appearance of the city;

2.The impact upon thoroughfare congestion and traffic safety;

3.The impact upon population density and the potential for overcrowding and urban sprawl;

4.The impact upon the provision of water, sewerage, transportation, and other urban services;

5.The protection of property against blight and depreciation;

6.Consistency with the adopted Future Land Use Map and/or the Comprehensive Plan;

7.The impact upon adjacent property owners if the amendment is approved;

8.The impact upon the applicant if the amendment is denied; and/or

9.Any other factor affecting the health, safety, morals, convenience, order, prosperity, or general welfare of the present and future inhabitants of the City of Snellville.

103-9.13. Appeals

Any person aggrieved by a decision or order of the City Council may appeal by certiorari to the Superior Court of Gwinnett County. Any such appeal must be filed within 30 days from the date of the decision of the City Council. Upon failure to file the appeal within 30 days, the decision of the City Council will be final.

§ 103-10

Special Use Permits

103-10.1. General

Special use permits are intended as a means for the City Council to authorize certain uses that are not permitted by-right in a zoning district. Special use permits may be subject to meeting specific standards by Chapter 200 Article 6 (Use Provisions), but still require individual review by City Council because of the increased potential for incompatibility with its immediate neighborhood.

103-10.2. Application Requirements

A.Each application for a special use permit must be filed with the Department and must include the following:

1.Payment of the appropriate application fee.

2.A current legal description of the site. If the site includes multiple lots, provide a separate legal description for each individual lot, together with a composite legal description for all lots.

3.Ten printed boundary surveys of the site, at least one of which should be an 11 x 17-inch (or smaller) reduction. In addition, a digital copy in .pdf and .dwg.

format must be submitted using email, flash drive, or other means approved by the Director. The survey must have been prepared by a registered land survey no more than 12 months before the date of submittal.

4.Ten copies of the proposed site plan, and one 11 x 17-inch (or smaller)

reduction of the plan, drawn to scale, showing: a north arrow; land lot, district, and parcel number: the dimensions with bearing and distance; acreage;

location of the tract(s); the present zoning district of all adjacent lots; the proposed location of structures, driveways, parking, and loading areas; and the location and extent of required buffer areas. The site plan must be prepared by an architect, engineer, landscape architect or land surveyor whose State registration is current and valid. The site plan must be stamped and sealed by one of the four above-mentioned professionals no more than 6 months before the date of submittal. In addition, a digital copy in .pdf and .dwg format must be submitted using email, flash drive, or other means approved by the Director.

5.Letter of intent explaining what is proposed.

6.Ten stapled or bound copies of the special use permit application and all supporting documents, in addition to one unbound application bearing original signatures. In addition, a digital copy in .pdf format of all plan submittals must be submitted using the means requested by the Director.

7.Architectural building renderings indicating building elevation, colors, construction materials, etc. of which the facades and roofs will consist.

8.Additional information deemed necessary by the Director in order to evaluate a proposed use and its relationship to the surrounding area must be submitted.

9.A traffic impact analysis when required by Sec. 103-5.2.

B.Special use permits may not be used for securing early zoning for conceptual proposals which may not be undertaken for more than 6 months from the date the application is submitted. A special use permit application will be considered only if it is made by the owner of the property or their authorized agent.

103-10.3. Review Criteria

In reviewing applications for a special use permit, the following standards and factors must be considered by the Planning Commission and the City Council in place of the matters identified in Sec. 103-9.4.B.10 and/or Sec. 103-9.4.C.11:

A.Applicable use standards of Chapter 200 Article 6 (Use Provisions); and

B.Whether the proposed use would be consistent with the needs of the neighborhood or community as a whole and would not be in conflict with policies and objectives of the Comprehensive Plan; and

C.Whether the proposed use has adverse impacts on the surrounding area, especially with regard to but not limited to traffic, storm drainage, land values and compatibility of land use activities; and

D.Whether the proposed use is desired for development and a more intensive zoning district which contains that use as a use by right would not be appropriate for the property; or

E.Whether a proposed use is desired for development and no zoning district contains that use as a use by right; or

F.Whether a unique use not addressed in any zoning district is desired for development and is not likely to be duplicated within the City; or

G.Whether the density of development may be affected by the height of a building.

103-10.4. Review Process

A.Applications for special use permits must be submitted to the Department no later than noon, 42 days before the meeting date of the Planning Commission.

B.The Department may prepare a study in accordance with Sec. 103-9.5 (Department Study), which must also include how the proposed use conforms to the review criteria in this subsection. The study may recommend conditions of approval which may be deemed advisable so that the purpose of this UDO will be served and the public health, safety, morality, and general welfare secured.

C.The Planning Commission must hear the application for special use permit following the same procedures required for a rezoning in Sec. 103-9.6 (Planning Commission Action), except as follows:

1.The Planning Commission may not consider the matters set forth in Sec. 103-9.4.B.10 and/or Sec. 103-9.4.C.11 as part of a special use permit.

2.In lieu of the matters identified in clause 1 above, the Planning Commission must consider the review criteria in this subsection.

3.The Planning Commission may propose conditions that will ensure that the use standards identified in that clause are met and the public health, safety, and general welfare are secured.

D.At least 15 days before the date of the public hearing to be held by the City Council, the special use request must be duly advertised and heard, following the same procedure required for a rezoning in Sec. 103-9.7 (City Council Public Hearing) and Sec. 103-9.8 (Public Notification). The City Council may approve conditions that will ensure that the review criteria in this subsection are met and the public health, safety, and general welfare are secured.

E.If the special use permit application is denied by the City Council, no special use application affecting any portion of the same property may be submitted less than 6 months from the date of denial.

103-10.5. Appeals

103-10.6. Following Approval

A.If an application is approved and a special use permit is granted, all conditions which may have been attached to the approval are binding on the property. All subsequent development and use of the property must be in accordance with the approved plan and conditions. All final site plans must be approved by the Director before the issuance of any permits. Once established, the special use must be in continuous operation. Upon discovery that the operation of the special use has or had ceased for a period of 180 days or more and the owner of the property has not requested voluntary termination of the special use permit, the Director must forward a report to City Council through the Planning Commission which may recommend that action be taken to remove the special use permit from the property.

B.Changes to a special use or development of a site for the special use will be treated as an amendment to the special use permit and will be subject to the same application and review process as a new application.

C.The special use for which a special use permit is granted must commence operations or construction within 12 months of the date of approval by the City Council. If, at the end of this 12-month period, the Director determines that active efforts are not proceeding toward operation or construction, a report may be forwarded to the City Council through the Planning Commission which may recommend that action be taken to remove the special use permit from the property.

D.The Director or an officer of the City of Snellville Police Department has the right to periodically examine the operation of the specific use to determine compliance with the requirements of any conditions. If the Director determines that the requirements and conditions are being violated, a written notice will be issued to the owner of the property outlining the nature of the violations and giving the owner of the property a maximum of 30 days to come into compliance. This 30-day maximum will be amendable in the reasonable discretion of the Director. If after 30 days the violations continue to exist, the Director must forward a report to the City Council through the Planning Commission, which may recommend that action be taken to remove the special use permit from the property.

E.Upon approval by the City Council, a special use permit must be identified on the Official Zoning Maps.

F.Upon approval by the City Council of a special use permit, the owner of the property must be issued a notice from the Director, which states the specific use permitted, the requirements of this subsection and any conditions attached to the approval.

G.The Department may not issue a certificate of occupancy for the specific use unless all requirements and conditions of the special use permit have been fulfilled by the owner of the property.

§ 103-11

Nonconformities

103-11.1. Purpose

A.Within the districts established by this UDO or amendments thereto that may later be adopted there exist lots, structures and uses of land and structures which were lawful before this UDO was passed or amended, but which would be prohibited under the terms of this UDO or any future amendment.

B.It is the intent of this UDO to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this UDO that nonconforming uses may not be enlarged upon, expanded nor extended, nor be used as a basis for additional structures or uses prohibited elsewhere in the same zoning district.

C.To avoid undue hardship, nothing in this UDO may be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun before the effective date of adoption or amendment of this UDO and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner, and demolition, elimination and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved.

103-11.2. Nonconforming Lots of Record

In any district in which single-family detached dwellings are permitted, notwithstanding limitations imposed by other provisions of this UDO, a single-family detached dwelling and customary accessory buildings may be erected on any single lot of record, as officially recognized by the City, at the effective date of this UDO.

This provision will apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zoning district, if yard dimensions and other requirements not involving area or width, or both, of the lot must conform to the provisions of this UDO.

103-11.3. Nonconforming Uses

A.The lawful use of any building or structure or land existing at the time of the enactment or amendment of this UDO may be continued, even though such use does not conform with the provisions of this UDO, except that the nonconforming use may not be:

1.Extended to occupy a greater area of land.

2.Extended to occupy a greater area of a building or structure unless such additional area of the building or structure existed at the time of the passage or amendment of this UDO and was clearly designed to house the same use as the nonconforming use occupying the other portion of the building or structure.

3.No such nonconforming use may be moved in whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption of this UDO.

4.Reestablished after discontinuance for 6 months as based on available City records.

5.Changed to another nonconforming use.

103-11.4. Nonconforming Buildings and Structures

Where a lawful building or structure (excluding signs) exists at the effective date of adoption or amendment of this UDO that could not be built under the terms of these regulations and standards by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to maintain or improve its condition or to decrease its nonconformity.

B.If such a nonconforming structure or nonconforming portion of a structure is destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it may not be reconstructed except in conformity with the provisions of this UDO.

C.If such a structure is moved for any reason for any distance whatever, it must thereafter conform to the regulations for the district in which it is located after it is moved.

D.Structures that are nonconforming due to front, side or rear yard requirements may be expanded or extended only in conformance with this UDO.

E.Variances to non-conforming buildings and structures may be granted by the Board of Appeals.

103-11.5. Nonconforming signs

A.The lawful use of a permanent sign existing at the time of the adoption of the UDO may be continued in nonconformance, except that the nonconforming sign may not be enlarged, altered, modified, improved or rebuilt. However:

1.A nonconforming sign may be repaired to the extent necessary to maintain it in a safe condition and neat and orderly appearance.

2.A change in the advertising message on the sign shall not constitute an alteration or modification of the sign.

3.Routine maintenance and changing of copy are permitted as long as such maintenance or changing of copy does not result in or change the shape, size or design.

B.No structural repair or change in shape, size or design, is permitted except to make a nonconforming sign comply with all requirements of this UDO or to render the sign structurally sound.

C.A nonconforming sign may not be removed by an act of the owner and later replaced by another nonconforming sign.

D.No sign variances are allowed.

103-11.6. Uses Under Prior Special Use Permits and Rezoning with

Conditions Any use for which a conditional use permit, special use permit, or a rezoning with conditions has been issued under a prior zoning code or ordinance will not be deemed a nonconforming use but may be deemed a conforming use in the district under the conditions required for the issuance and validity of the special use permit or rezoning.

103-11.7. Repairs and Maintenance

A.Work may be done on any nonconforming structure, or portion of a structure, containing a nonconforming use, on ordinary repairs, or on repair or replacement of load-bearing or non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 50% of the current replacement cost of the nonconforming structure or on conforming portion of the structure as the case may be, provided that the square footage or cubic content existing when it became nonconforming may not be increased.

B.If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

C.Nothing in this UDO may be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.