DEVELOPMENT CODE  


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    DEVELOPMENT CODE

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    CITY COUNCIL ADOPTED
    August 15, 2017

    Published: 2018

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    ORDINANCE NO. 2017-08-17

    STATE OF GEORGIA
    COUNTY OF FULTON

    AN ORDINANCE TO AMEND AND ADOPT A NEW ZONING ORDINANCE FOR THE CITY OF SANDY SPRINGS, GEORGIA, TO BE CALLED THE SANDY SPRINGS DEVELOPMENT CODE; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES

    WHEREAS , the Constitution of the State of Georgia provides in Article IX, Section II, Paragraph IV thereof, that the governing authority of a city may adopt plans and exercise the power of zoning; and

    WHEREAS , pursuant to O.C.G.A. § 36-70-3, the governing bodies of municipalities and counties are authorized to develop, establish, and implement land use regulations that are consistent with the comprehensive plan of the municipality or county; and

    WHEREAS , the Georgia General Assembly has enacted the Georgia Planning Act of 1989 (Georgia Laws 1989, pp. 1317-1391, Act 634), which among other things provides for local governments to adopt plans and regulations to implement plans for the protection and preservation of natural resources, the environment and vital areas; and

    WHEREAS , the Georgia Department of Community Affairs has promulgated Minimum Standards and Procedures for Local Comprehensive Planning (Chapter 110-3-2 of Rules of the Georgia Department of Community Affairs) to implement the Georgia Planning Act of 1989, said standards and procedures were initially ratified by the Georgia General Assembly, and said rules which have been amended from time to time require local governments to describe regulatory measures and land development regulations needed to implement local government comprehensive plans; and

    WHEREAS , City Council adopted its initial Comprehensive Plan in accordance with the requirements of the Georgia Planning Act of 1989 and Rules of the Georgia Department of Community Affairs; and

    WHEREAS , to implement the initial Comprehensive Plan, City Council adopted the City of Sandy Springs Zoning Ordinance ("Zoning Ordinance") on December 27, 2005; and

    WHEREAS , City Council has adopted certain regulations to provide a system for the subdividing of lands within the City ("Land Development Regulations"), codified at Chapters 101—117 of the Code of the City of Sandy Springs, Georgia ("Code"); and

    WHEREAS , the City has grown substantially since adoption of the initial Comprehensive Plan, Zoning Ordinance and Land Development Regulations and a new Comprehensive Plan was prepared ("New Comprehensive Plan"), as required by Georgia law; and

    WHEREAS , the New Comprehensive Plan specifies a number of goals and policies that are not currently implemented by the City's land use regulations; and

    WHEREAS , in accordance with Georgia law, land use regulations shall be consistent with the City's adopted plans, including the New Comprehensive Plan; and

    WHEREAS , City Council desires to assure the implementation of its New Comprehensive Plan; and

    WHEREAS , to accomplish its purposes, City Council engaged consultants to work with City staff to initiate review and revision of its zoning, subdivision, and related development regulations; and

    WHEREAS , to implement the New Comprehensive Plan, City staff and consultants have recommended a new development code which incorporates a revised Zoning Ordinance and selected Land Development Regulations ("Sandy Springs Development Code"), a copy of which is attached hereto; and

    WHEREAS , the health, safety, and welfare of the citizens of the City of Sandy Springs will be positively impacted by adoption of the Sandy Springs Development Code; and

    WHEREAS , the General Assembly of the State of Georgia enacted the Zoning Procedures Law, O.C.G.A. Title 36, Chapter 66, so as to provide procedures for the exercise of zoning powers by cities and counties, including the enactment of zoning ordinances; and

    WHEREAS , appropriate public notice and hearing in connection with the Sandy Springs Development Code have been accomplished in accordance with the requirements of the Zoning Procedures Act.

    NOW, THEREFORE , the Council for the City of Sandy Springs hereby ordains, as follows:

    Section 1

    The City of Sandy Springs hereby adopts the Zoning Procedures Law, O.C.G.A. Title 36, Chapter 66, as may be amended from time to time, as if fully set forth herein.

    Section 2

    The Zoning Ordinance of the City of Sandy Springs existing on the effective date of this Ordinance is hereby amended and re-adopted as the Sandy Springs Development Code, a copy of which is attached hereto and made a part hereof.

    Section 3

    Certain provisions of the Land Development Regulations are deleted from the Land Development Regulations currently codified at Chapters 101-117 of the Code, and are incorporated into the Sandy Springs Development Code, to wit:

    Chapter 101—GENERAL AND ADMINISTRATIVE PROVISIONS

    Sec. 101-1. - Applicability of chapter 1.

    Sec. 101-2. - Status.

    Chapter 103 - DEVELOPMENT REGULATIONS

    ARTICLE I. - AUTHORITY, TITLE, PURPOSE AND INTENT

    Sec. 103-1. - Authority and title.

    Sec. 103-2. - Purpose.

    Sec. 103-3. - Intent and application.

    ARTICLE II. - ADOPTION AND AMENDMENT

    Sec. 103-4. - Effective date.

    Sec. 103-5. - Amendments.

    Sec. 103-7. - Conflicting ordinance.

    ARTICLE III. - ADMINISTRATION, APPEAL, AND VIOLATIONS

    Sec. 103-8. - Administration.

    Sec. 103-9. - Appeals and variances to this chapter.

    Sec. 103-10. - Violations enforcement and penalties.

    ARTICLE IV. - DEFINITIONS

    Sec. 103-15. - Use of words and interpretation.

    Sec. 103-16. - Definitions of words and phrases.

    ARTICLE V. - DEDICATION AND TRANSFERS OF LANDS

    Sec. 103-21. - Dedication of public lands and facilities.

    Sec. 103-22. - Transfer of land ownership.

    ARTICLE VI. - PERMITS REQUIRED FOR DEVELOPMENT OR CONSTRUCTION

    Sec. 103-26. - Authorization required for land disturbance or development activities.

    Sec. 103-27. - Land disturbance permits.

    Sec. 103-28. - Building permits.

    ARTICLE VII. - PROCEDURES

    Sec. 103-29. - Review Procedures.

    Sec. 103-30. - Initiation of development activities.

    ARTICLE VIII. - FEES

    Sec. 103-41. - Fees.

    ARTICLE IX. - GENERAL REQUIREMENTS

    Sec. 103-42. - Suitability of land.

    Sec. 103-43. - Offers of land dedication.

    Sec. 103-44. - Zoning and other ordinances and regulations.

    Sec. 103-45. - Required public improvements.

    Sec. 103-46. - Lots.

    Sec. 103-47. - Survey monuments.

    Sec. 103-48. - Standard drawings.

    Sec. 103-49. - Wetlands

    Sec. 103-50. - Floodplain.

    ARTICLE XI. - STREET DESIGN AND CONSTRUCTION REQUIREMENTS

    Sec. 103-70 - General.

    Sec. 103-72. - Access.

    Sec. 103-74. - General layout requirements.

    Sec. 103-75. - Minimum right-of-way and street improvements.

    ARTICLE XII. - UTILITIES AND EASEMENTS

    Sec. 103-91. - Placement of utilities.

    Sec. 103-92. - Underground utilities.

    ARTICLE XIII. - GRADING AND DRAINAGE

    Sec. 103-110. - Stormwater management.

    Chapter 109 - NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION

    ARTICLE II. - FLOODPLAIN MANAGEMENT

     DIVISION 1. - GENERALLY

    Sec. 109-19. - Definitions.

    Sec. 109-20. - Purpose and intent.

    Sec. 109-21. - Applicability.

    Sec. 109-22. - Basis for establishing areas of special flood hazard, areas of future-conditions flood hazard and associated floodplain characteristics - Flood area maps and studies.

    Sec. 109-23. - Compatibility with other regulations.

    Sec. 109-24. - Warning and disclaimer of liability.

    Sec. 109-25. - Violations, enforcement, and penalties.

     DIVISION 2. - ADMINISTRATION AND ENFORCEMENT

    Sec. 109-52. - Designation of Administrator.

    Sec. 109-53. - Permit application requirements.

    Sec. 109-54. - Floodplain management plan requirements.

    Sec. 109-55. - Construction stage submittal requirements.

    Sec. 109-56. - Appeals and variances.

     DIVISION 3. - DEVELOPMENT STANDARDS

    Sec. 109-87. - Definition of floodplain boundaries.

    Sec. 109-88. - Definition of floodway boundaries.

    Sec. 109-89. - General standards.

    Sec. 109-90. - Engineering study requirements for floodplain encroachments.

    Sec. 109-91. - Floodway encroachments.

    Sec. 109-92. - Maintenance requirements.

     DIVISION 4. - PROVISIONS FOR FLOOD DAMAGE REDUCTION

    Sec. 109-113. - General standards.

    Sec. 109-114. - Building standards for structures and buildings within the future-conditions floodplain.

    Sec. 109-115. - Building standards for structures and buildings authorized adjacent to the future-conditions floodplain.

    Sec. 109-116. - Building standards for residential single-lot development on streams without established base flood elevations and/or floodway (A zones).

    Sec. 109-117. - Building standards for areas of shallow flooding (AO zones).

    Sec. 109-118. - Standards for subdivisions of land.

    Sec. 109-119. - Standards for utilities.

    ARTICLE III. - ILLICIT DISCHARGE AND ILLEGAL CONNECTION

    Sec. 109-150. - General provisions.

    Sec. 109-151. - Definitions.

    Sec. 109-152. - Violations, enforcement and penalties.

    Sec. 109-153. - Prohibitions.

    Sec. 109-154. - Industrial or construction activity discharges.

    Sec. 109-155. - Access and inspection of properties and facilities.

    Sec. 109-156. - Notification of accidental discharges and spills.

    ARTICLE IV. - POSTDEVELOPMENT STORMWATER MANAGEMENT FOR NEW DEVELOPMENT AND REDEVELOPMENT

    Sec. 109-181. - Definitions.

    Sec. 109-182. - Purpose and intent.

    Sec. 109-183. - Violations, enforcement and penalties.

    Sec. 109-184. - Applicability.

    Sec. 109-185. - Designation of administrator.

    Sec. 109-186. - Compatibility with other regulations.

    Sec. 109-187. - Stormwater design manual.

    Sec. 109-188. - Permit—Required; application requirements.

    Sec. 109-189. - Same—Application procedure.

    Sec. 109-190. - Stormwater concept plan and consultation meeting.

    Sec. 109-191. - Stormwater management plan requirements.

    Sec. 109-192. - Stormwater management inspection and maintenance agreements.

    Sec. 109-193. - Application review fees.

    Sec. 109-194. - Modifications for off-site facilities.

    Sec. 109-195. - Postdevelopment stormwater management performance criteria.

    Sec. 109-196. - Construction inspections of postdevelopment stormwater management system.

    Sec. 109-197. - Ongoing inspection and maintenance of stormwater facilities and practices.

    Sec. 109-198. - Marsh creek watershed regional detention pond.

    ARTICLE V. - STREAM BUFFER PROTECTION

    Sec. 109-219. - Definitions

    Sec. 109-220. - Findings and purposes.

    Sec. 109-221. - Violations, enforcement and penalties.

    Sec. 109-222. - Applicability.

    Sec. 109-223. - Administrative appeal and judicial review.

    Sec. 109-224. - Inspections.

    Sec. 109-225. - Land development requirements.

    Sec. 109-226. - Compatibility with other buffer regulations and requirements.

    Sec. 109-227. - Additional information requirements for development on buffer zone properties.

    Sec. 109-228. - Responsibility.

    ARTICLE VI. - SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL

    Sec. 109-249. - Title and findings.

    Sec. 109-250. - Definitions.

    Sec. 109-251. - Exemptions.

    Sec. 109-252. - Minimum requirements for erosion, sedimentation and pollution control using best management practices.

    Sec. 109-253. - Application/permit process.

    Sec. 109-254. - Inspection and enforcement.

    Sec. 109-255. - Penalties and incentives.

    Sec. 109-256. - Education and certification.

    Sec. 109-257. - Administrative appeal; judicial review.

    Sec. 109-258. - Effectivity, validity and liability.

    ARTICLE VII. - TREE CONSERVATION

    Sec. 109-361. - Purpose.

    Sec. 109-362. - Definitions.

    Sec. 109-363. - Tree removal permit—Required for tree removal or destruction.

    Sec. 109-364. - Tree removal permit—Landmark tree or boundary tree.

    Sec. 109-365. - Tree removal permit—Single-family or duplex residential use not associated with building or land-disturbing activities.

    Sec. 109-366. - Tree removal permit associated with building or land disturbance activity.

    Sec. 109-367. - Boundary tree protection.

    Sec. 109-368. - Tree removal and replacement in conjunction with tree removal permit.

    Sec. 109-369. - Potentially damaged trees; escrow of funds.

    Sec. 109-370. - Establishment of Sandy Springs tree bank.

    Sec. 109-371. - Enforcement.

    Sec. 109-372. - Fines and penalties.

    Sec. 109-373. - Appeals.

    Sec. 109-375. - Exhibit A.

    Chapter 113 - SUBDIVISIONS

    Sec. 113-1. — Ordinances saved from repeal.

    Section 4

    All ordinances and resolutions or portions thereof in conflict with this Ordinance are repealed to the extent of the conflict.

    Section 5

    The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, sentence, paragraph, or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such an illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance and shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or constitutional.

    Section 6

    The Sandy Springs Development Code shall be effective thirty (30) days from the date of adoption of this Ordinance ("Effective Date").

    Section 7

    On the Effective Date, all existing moratoria shall be removed and shall be of no further force and effect.

    Section 8

    All applications for zoning and/or use permits filed prior to the adoption of this Ordinance will be considered abandoned if the applicant has not scheduled its first community meeting within sixty (60) days following adoption of this Ordinance.

    APPROVED AND ADOPTED on this the 15th day of August, 2017.

    Approved:

    /s/
          Russell K. Paul, Mayor

       

    Attest:

    /s/
          Michael D. Casey, City Clerk

       

    (Seal)