LandCode
Sugar HillDevelopment Regulations

Article 5 — General Requirements

current as of 2020-12-14verified current · checked 2026-08-24Officialofficial source9 sections · full chapter
§ 5.1

Suitability of the Land.

5.1.1 Land subject to flooding, improper drainage or erosion, and any land deemed to be

unsuitable for development due to steep slope, unsuitable soils or subsurface conditions, etc., shall not be subjected to development for any uses as may continue such conditions or increase danger to health, safety, life, or property, unless steps are taken to eliminate or abate these conditions.

5.1.2 Land within a proposed subdivision or development which is unsuitable for development

shall be incorporated into the buildable lots as excess land. Lots which do not comply with the requirements of the Zoning Ordinance are prohibited.

§ 5.2

Offers of Land Dedication.

5.2.1 Whenever a developer proposes the dedication of land to public use, and the City

Manager or the appropriate agency finds that such land is neither required nor is it suitable for public use, the City Manager shall require the rearrangement of lots to include such land in private ownership.

§ 5.3

Zoning and Other Regulations.

5.3.1 Whenever there is a discrepancy between minimum standards or dimensions required

herein and those contained in zoning regulations, building codes, or other official ordinances, regulations or resolutions, the most restrictive shall apply. In those instances where the required right-of-way width or roadway improvements for a specific project have been established as a condition of zoning approval, the requirements of the zoning condition shall control, whether more or less restrictive than the requirements of these Regulations.

5.3.2 Building setback lines shall at least conform to the minimum yard requirements of the

Zoning Ordinance. Building setback lines along all public streets shall be no less than the front yard setback required on the property by the applicable zoning district in the Zoning Ordinance.

§ 5.4

Required Public Improvements.

5.4.1 General Requirements

Every developer of lands within the jurisdiction of these Regulations shall provide the project access improvements, utilities, drainage improvements and landscaping included in these Regulations as shall be appropriate to serve the project, in accordance with these Development Regulations and other pertinent Codes, Ordinances, and regulations of City of Sugar Hill. Said improvements and associated lands shall be provided at no cost to City of Sugar Hill, and shall be dedicated or otherwise transferred, as required, to the public in perpetuity and without covenant or reservation, except as otherwise provided herein.

5.4.2 Public Utilities

Every developer of lands within the jurisdiction of these Regulations shall provide for adequate domestic water supply, sewage disposal and natural gas supply in accordance with pertinent Codes, Ordinances and Regulations of the City of Sugar Hill or Gwinnett County.

City of Sugar Hill Amended 6/13/16 KL Streetlights and underground electrical utilities shall be provided for all residential subdivisions in accordance with City of Sugar Hill requirements and approval. It shall be the responsibility of the developer to coordinate with the proper utility providers to obtain the necessary permits and approvals to install the required public utilities.

§ 5.5

Lots.

5.5.1 Lots shall at least conform to requirements of the City of Sugar Hill Zoning Ordinance.
5.5.2 Double frontage and reverse frontage lots shall be required for residential subdivisions

along major thoroughfares where internal access can be provided. A no-access easement of at least ten feet in width, across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery. When located along a major thoroughfare, the no-access easement shall be planted and/or screened as required by the Buffer, Landscape, and Tree Ordinance.

In no-access easements along minor collectors or local streets, planting or other screening treatments shall be at the sole option of the developer.

§ 5.6

Survey Monuments.

5.6.1 All corners shall be marked with an iron rebar or pin, at least one-half inch in diameter

and 18 inches long and driven so as to extend no less than one inch above the finished grade.

5.6.2 On subdivisions containing floodplains, flood elevation references shall be set in

accordance with the requirements of the Floodplain Management Ordinance.

§ 5.7

Standard Drawings.

5.7.1 The City shall maintain on file for consultation and distribution a set of Standard

Drawings illustrating details of construction and design of streets, storm water drainage facilities, site improvements and other elements related to the development of land in accordance with these Regulations and under the jurisdiction of the City.

5.7.2 The Standard Drawings shall illustrate minimum acceptable standards for land

development activities authorized under these Regulations, but shall not supersede more restrictive prudent design requirements or good engineering practice as applied to specific situations on a case-by-case basis.

5.7.3 The Standard Drawings shall be treated as though a part of these Regulations for

application to the minimum standards for design and construction of improvements required herein and subject to the modification and appeal provisions of Article 13.

§ 5.8

Buffers, Landscaping, Tree Preservation and Tree Replacement.

5.8.1 General Applicability

The standards and requirements contained in this Section shall apply only to tree preservation and replacement, buffers, and landscape areas specifically required by City code, ordinance or resolution, and shall not apply to general or voluntary landscaping or to open space otherwise voluntarily provided on a property.

City of Sugar Hill Amended 6/13/16 KL

5.8.2 General Requirements

Any property required by the Buffer, Landscape, and Tree Ordinance; the Zoning Ordinance; or conditions of zoning, special use, or variance approval; to provide a buffer or other specific landscaping shall do so in compliance with the standards included in the Buffer, Landscape, and Tree Ordinance and this Section.

a.For any such property, a Buffer and Landscape Plan shall be prepared by those individuals as required and authorized by the Buffer, Landscape, and Tree Ordinance, and shall be approved by the City prior to issuance of a Development Permit on the subject site.
b.At the discretion and option of the applicant, a required Buffer and Landscape Plan and a required Tree Preservation/Replacement Plan may be combined into a single document, as long as the details and elements of the plans can be clearly and easily identified.
c.Buffer areas or portions of buffer areas where natural vegetation provides an adequate visual screen as required by the Buffer, Landscape, and Tree Ordinance, shall remain natural and undisturbed by any clearing, grading or other construction activity except as authorized by the Development Permit.
d.In buffer areas where natural vegetation is non-existent or inadequate to provide a visual screen, replanting or supplemental planting shall be required in accordance with the Buffer, Landscape, and Tree Ordinance. The City may also approve additional or alternative screening elements such as planted earthen berms or solid fences where appropriate to the intent of the requirements of the Buffer, Landscape, and Tree Ordinance.
e.New plantings in buffers shall be selected for natural survival expectancy for the City of Sugar Hill environment and for their ability to meet the screening standards established in the Buffer, Landscape, and Tree Ordinance.
f.Landscape areas or strips shall include trees and shrubs to the extent required by the Buffer, Landscape, and Tree Ordinance, the Zoning Ordinance or conditions of zoning, special use or variance approval. Plant materials may be grouped or arranged so as to achieve aesthetic results following professional landscaping standards, provided sight distances as required by these Regulations are preserved.
g.Tree plantings required by the Buffer, Landscape, and Tree Ordinance for parking lots may be grouped or arranged so as to achieve aesthetic results, or may be located in landscape islands within the parking lot.
5.8.3 Tree Preservation and Replacement Requirements
a.Any property required to preserve and protect existing trees or to plant replacement trees under the provisions of the Buffer, Landscape, and Tree Ordinance shall do so in compliance with said Ordinance.
b.Areas set aside for the preservation of existing trees or the planting of new replacement trees, in fulfillment of any portion of the tree density standard of a property other than City of Sugar Hill Amended 6/13/16 KL the property upon which the areas are located, shall be established within an easement drawn in favor of the other property, and appropriately recorded.
5.8.4 Landscape Performance Surety

In the event that the requirements of this Section have not been met at the time that a Certificate of Development Conformance has been submitted and approval requested, the City Manager shall require a Landscaping Performance Bond. The owner/developer or the contractor employed by the owner/developer shall post a Landscaping Performance Bond or other City approved surety in an amount equal to 110 percent of the cost of materials, labor, and other attendant costs, incidental to the installation of the required landscaping as part of the owner's Development Performance and Maintenance Agreement with the City. The surety shall:

a.Be drawn in favor of City of Sugar Hill.
b.Be in a form satisfactory to the City Attorney.
c.Specify the time for the completion of the landscaping, which shall not be longer than 3 months following Approval of the Certificate of Development Conformance or be in accordance with such other time table for completion acceptable to the City.
§ 5.9

Recreation Areas.

5.9.1 Recreation Areas

Land for use as Project open space or recreation shall be provided in single-family detached subdivisions or multi-family having a gross area of 10 acres or more

a.For each development, 6 percent of the gross land areas shall be provided for the recreational use, but in no case shall the area required exceed 6 acres. Not over 60 percent of the area many be within the 100-year floodplain.
(1)If recreation facilities are not proposed to be constructed, the land so provided shall be contiguous or separated only by parking areas and private drives, and of suitable shape and condition for construction of recreation facilities.
(2)If the developer constructs at least a swimming pool and tennis court, or other acceptable active recreation facilities, as part of the project, then the land so provided need not be a single contiguous parcel and the total set-aside area required remains as stated in 5.9.1.
b.In subdivisions, land provided for recreational use in accordance with a (1), above, and not proposed for improvement by the developer shall be deeded to a qualified Property Owners Association upon the approval of the final plat containing said land and shall be used exclusively for recreational purposes. The qualified Property Owners Association shall provide for the membership of all the owners of property within the subdivision, and shall be established under the laws of Georgia; it shall be responsible for the perpetuation, maintenance and function of the recreation areas and all uses or facilities therein. The association shall have the authority and duty to assess its members for such City of Sugar Hill Amended 6/13/16 KL maintenance and improvements as set forth in the instrument creating the association.

All covenants shall be recorded simultaneously with the final subdivision plat.

c.If the developer constructs recreational facilities as approved under Section 5.9.1 a.(2), above, on the recreational land in a subdivision, the land area shall be deeded to a Homeowner's Association or other legal entity incorporated under the laws of Georgia.

The lands shall be deeded to said organization with a restriction that the land shall be used exclusively for recreational purposes and shall be made available to all residents of the subdivision project on an equal basis. The deed shall be filed with the City simultaneously with the final plat, and shall be held by the City until a Certificate of Occupancy is issued for the recreational improvements, whereupon the deed shall be recorded

d.In multi-family rental or condominium projects, land provided for recreational use in accordance with these requirements shall be held in the ownership of the owner of the development.
5.9.3 Size of Swimming Pools

The minimum size for a swimming pool and deck area is outlined below. The minimum deck required shall be equal in size to the pool surface area. The size of constructing new swimming pools shall be determined by Tables 5A or 5B as appropriate.

Multiplying Factors of Pool Size: The factor used for pool size shall be calculated on the basis of one person for each ten (10) square feet in that portion of pool surface where the depth is less than five (5) feet, plus one person for each thirty (30) square feet of pool surface in that portion exceeding five (5) feet.

Dwelling/ Living Units - Size of Pool

TABLE 5A. Swimming Pools with Transient Bathers (1)
Number of UnitsPool Size Factor/Unit
0-10075
101-25050
251-50015
501+05
TABLE 5B. Swimming Pools with Non-Transient Bathers (2)
Number of UnitsPool Size Factor/Unit
0-10075
101-20060
201-30040
301-50015
500+10

Amended 6/13/16 KL

(1)Motels and Hotels – Non residential.
(2)Apartment Complexes, Condominiums, Subdivision Pools and Clubs.

How to Calculate the Size of a Pool. Based the number of dwelling units cumulatively add the pool size factor per unit. Example: A subdivision has 252 dwelling units then add 75 + 60 + 40 = 175. The number 175 represents the Pool size Factor. Then based on the depth of the pool and percentage of the pool greater or less than five (5) feet multiply the cooresponding percent of Pool Size Factor/unit by either 10 for a depth of less than five (5) feet or 30 for a depth of greater than five (5) feet (See Multiplying Factors of Pool Size- above).

Example: A subdivision has 252 units, then add 75 + 60 + 40 = 175. If 100 percent of the pool depth is 5 feet or less then multiple 175 X 10 = 1,750. The total pool surface area of the pool will be a minimum 1,750 feet. Note: The surrounding deck area will be a minimum of 1,750 feet.

If 70 percent of the proposed pool depth was 5 feet or less and 30 percent greater than 5 feet deep. Then based on 252 dwelling units and a pool size factor of 175, figure 30 percent of 175 which is 52.5 and multiply by 30 = 1,575 square feet. The 30 percent portion of the pool greater than a depth of 5 feet would have to be at least 1,575 square feet. To calculate the minimum remaining area less than 5 feet in depth. Figure 70 percent of 175 which is 122.5 and multiply by 10 = 1,225 square feet. The 70 percent portion of the pool less than a depth of 5 feet would have to be at least 1,225 square feet. The total minimum surface area of the pool is 1,575 sq ft + 1,225 sq ft = 2,800 sq ft.

5.9.3 Open Space.

Open space provided in projects shall meet the following requirements:

a.Open Space Shall be Natural and Undisturbed Open space shall be permanent and shall remain in its natural state, undisturbed and unoccupied by any structures or impervious surfaces to include septic tanks and septic tank drain fields and except for approved utility crossings. Pedestrian access in open space shall be subject to the review and approval of the City Manager. Buffers, floodplains, and wetlands may be utilized as open space.
b.Ownership Requirements Open space provided in a development shall be owned and maintained by the property owner, or in the case of a subdivision, by a property owner’s association. The association shall be established by the developer prior to or concurrent with the recording of the Final Plat of the subdivision. The association bylaws shall include the following provisions:
(1)Automatic (mandatory) membership of all purchasers of lots therein and their successors: and,
(2)Conditions and timing of transferring control of the association from the developer to the lot owners shall be specified which shall not exceed four (4) years from the date of recording of the Final Plat of the subdivision; and,
(3)Responsibility for maintenance, insurance, and taxes; and, City of Sugar Hill Amended 6/13/16 KL
(4)Sharing of the costs of maintenance among the lot owners with shares defined by the association bylaws; and,
(5)Authority to place liens on the real property of members who fail to pay their dues or assessments; and
(6)Prohibition on the dissolution of the association without the approval of the City of Sugar Hill
c.Maintenance The property owner, or the property owner’s association, shall be responsible for the maintenance of open space. Open space shall be kept in reasonable order and condition and shall be maintained free from refuse, junk and debris.

City of Sugar Hill Amended 6/13/16 KL ARTICLE 6. Access and Right of Way Requirements and Street Improvement and Construction Requirements.

Reading grid · rebuilt for display · verify at source (p. 28)