APPENDIX B
SUBDIVISIONS*

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Editor's note: Printed herein are the Subdivision Regulations of Pooler, Georgia, as adopted by the aldermanic board on July 6, 1998. Amendments to the ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, headings and catchlines have been made uniform and the same system of capitalization, citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been used. Additions made for clarity are indicated by brackets.

Cross references: Buildings and building regulations, ch. 22, environment, ch. 42; floods, ch. 50; planning, ch. 62; signs, ch. 66; streets, sidewalks and other public places, ch. 74; zoning, app. A.

State law references: Approval by planning commission or governing authority on plat of subdivision required for filing or recording in superior court clerk's office, O.C.G.A. § 15-6-67(d); Georgia Land Sales Act, O.C.G.A. § 44-3-1 et seq.; Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq.; local restrictions on condominiums, O.C.G.A. § 44-3-114.

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Article I. Short Title

Sec. 100. Citing ordinance.

Article II. Enactment Clause

Sec. 200. Authority; ordaining clause.

Article III. Jurisdiction

Sec. 300. Area embraced.

Article IV. Purposes

Sec. 400. Enumeration.

Article V. Definition of Terms

Sec. 500. Definitions.

Article VI. Design Standards

Sec. 600. Minimum design standards and improvements.

Sec. 601. Streets.

Sec. 602. Lots.

Sec. 603. Blocks.

Sec. 604. Easements.

Sec. 605. Monuments.

Sec. 606. Water supply and sanitary sewerage.

Sec. 607. Benchmarks.

Sec. 608. Preservation of noteworthy features.

Article VII. Administration

Sec. 700. Administrative agency.

Sec. 701. Sketch plan.

Sec. 702. Preliminary plan.

Sec. 703. Final plat.

Sec. 704. Minor subdivision.

Sec. 705. Fee schedule.

Article VIII. Exemptions and Modifications

Sec. 800. Exemptions.

Sec. 801. Final plat approval only.

Sec. 802. Variance.

Article IX. Penalties

Sec. 900. Violation a misdemeanor.

Sec. 901. Other penalties.

Article X. Amendments

Sec. 1000. Amendment.

ARTICLE I.
SHORT TITLE

Sec. 100. Citing ordinance.

This ordinance shall be known and may be cited as the "Subdivision Regulations of Pooler, Georgia."

ARTICLE II.
ENACTMENT CLAUSE

Sec. 200. Authority; ordaining clause.

The aldermanic board of the City of Pooler, Georgia, pursuant to the authority conferred by the provisions of 1957 Ga. Laws, Vol. 1, page 420 and the amendments thereto as codified in O.C.G.A. ch. 69-12, annotated, do ordain [and] enact into law the following articles and sections.

ARTICLE III.
JURISDICTION

Sec. 300. Area embraced.

The jurisdiction of this ordinance shall be all that area within the corporate limits of the City of Pooler, Georgia.

ARTICLE IV.
PURPOSES

Sec. 400. Enumeration.

The various articles and sections of the ordinances are adopted for the following purposes, among others:

(a) To help conserve and protect the natural, economic, and scenic resources of the City of Pooler.

(b) To help prevent and reduce the traffic, congestion and traffic hazards which result from narrow or poorly aligned streets, and which result from excessive entrance and exit points along major traffic arteries.

(c) To help eliminate the costly maintenance problems which develop when streets and lots are laid out without proper consideration being given to the drainage characteristics of the tract of land at the time the land is being subdivided into streets and lots.

(d) To help prevent the spread of urban blight and slums.

(e) To help insure that residential lots will be of such design, area, and width as will prevent health and sanitation problems from developing in those subdivisions with lots to be served by individual water supply and waste disposal systems.

(f) To help insure that all building lots will be accessible to fire fighting equipment, and other emergency and service vehicles.

(g) To help protect the investments of the buyers of subdivision lots.

(h) To help promote and protect the health, safety, prosperity, and welfare of the citizens of the City of Pooler, and for other purposes.

ARTICLE V.
DEFINITION OF TERMS

Sec. 500. Definitions.

For the purpose of this ordinance, certain words or terms used herein shall be defined as follows:

(1) Interpretation of words. Words used in the present tense include the future tense. Words used in the singular number include the plural, and words used in the plural include the singular.

(2) Person. The word "person" includes a firm, corporation, or copartnership.

(3) Shall. The word "shall" is always mandatory and not merely directory.

(4) Lot. A portion of subdivision intended as a unit for transfer or for development or both. The word "lot" includes the word "plot" or "parcel."

(5) Lot width. The distance between the side lot lines measured at building line.

(6) Sewage, public. A system that is owned, maintained, and operated by the city, a community corporation or a privately owned system serving a community and approved by the Chatham County Health Department.

(7) Street. A public way for vehicular traffic, which affords the principal means of access to abutting property.

(8) Street, arterials. Those streets which are designated as arterials on the major thoroughfare plan and which are used or intended primarily for fast or heavy traffic.

(9) Streets, collector. Those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.

(10) Streets, minor. Those streets which are used primarily for access to abutting properties.

(11) Streets, marginal access. Those minor streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties, and protection from through traffic.

(12) Streets, lanes. Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

(13) Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of immediate or future sale, legacy, or building development. All divisions of land involving a new street or a change in existing streets. The term includes the resubdivision of land, and, when appropriate to the context, relates to the process of subdivision or to the land subdivided.

(14) Minor subdivision. Any subdivision comprising three lots or less and not involving a new street or change in an existing street.

(15) Major subdivision. Any subdivision comprising four lots or more, or any subdivision involving a new street or change in an existing street.

(16) Open space. An area that is valued for active and passive recreation and/or protection of the natural resources (including natural resources and wildlife) and which provides public benefit.

(17) Water, public. A system that is owned, maintained, and operated by the city, a community corporation, or a privately owned system serving a community and approved by the Chatham County Health Department.

(18) Street, opened. A street shall be deemed to be opened if it is either of the following:

(a) Available for public use prior to the adoption of this ordinance, or

(b) Was constructed to city specifications following the adoption of this ordinance.

(19) Street, unopened. A street or any part thereof, shall be deemed to be unopened if it is not cleared, graded, and available for public use.

ARTICLE VI.
DESIGN STANDARDS

Sec. 600. Minimum design standards and improvements.

In order that various purposes of this ordinance may be accomplished, all subdivisions hereinafter established shall be developed and improved in accordance with the minimum design standards set forth in this article. Provided, those parcels recorded prior to the effective date of these regulations which abut an unopened road shall not be developed until such road or portion thereof has been opened and paved according to city specifications or as certified to be paved in accordance with subsection 601.02 of these regulations.

Final approval shall not be given a subdivision until all appropriate design standards have either been installed or an appropriate bond, escrow account, certified check, or irrevocable letter of credit has been posted to secure the installation of such improvements.

(Ord. of 3-1-1999, § I)

Sec. 601. Streets.

Except as hereinafter provided, all streets established in any subdivision shall comply with the following general provisions:

(601.01) General provisions.

(a) Continuation of existing street pattern. The arrangement of streets in a subdivision shall provide for the alignment with, or the continuation of, or the appropriate projection of existing principal streets in surrounding areas.

(b) Street jogs. Street jogs, or centerline offsets in the horizontal alignment of streets across intersections of less than 150 feet shall be prohibited.

(c) Intersections. The centerline of no more than two streets shall intersect at any one point. Streets shall be laid out so as to intersect as nearly as possible at right angles and no streets shall intersect any other street at less than 60 degrees. Curbed streets shall have a minimum tangent of 100 feet at intersections.

(d) Streets intersecting with major arterials and secondary arterials. New street entrances on roads designated or classified as arterials shall be not less than 500 feet apart. Provided, however, that the mayor and aldermen may reduce these requirements whenever they determine that such action will not be contrary to the purposes of this ordinance.

(e) Subdivisions on arterial streets. Where a subdivision abuts or contains an existing or proposed arterial street, the aldermanic board may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service lanes, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

(f) Minimum curb and street radius. The lot line radius at intersecting streets shall be not less than 20 feet.

(g) Permanent dead-end streets. Dead-end streets, designed to be such permanently, shall be provided at the closed end with a turnaround having an outside roadway diameter of not less than 80 feet, and a right-of-way diameter of not less than 100 feet.

(h) Temporary dead-end streets. Temporary dead-end streets shall be provided with a temporary turn-around area which shall meet the requirements of the aldermanic board for design, maintenance, and removal.

(i) Half streets. Half streets shall not be permitted within a subdivision.

(j) Interior streets. Interior streets within subdivisions shall be so laid out and designed that their use by through traffic and speeding traffic will be discouraged.

(k) Street names. All streets within a subdivision hereafter established shall be named. No name shall be used which will duplicate or be confused with existing street names.

(l) Additional right-of-way. A proposed subdivision that includes a platted street that does not conform to the minimum right-of-way requirements of this ordinance shall provide for the dedication of additional right-of-way along either one or both sides of said street so that the minimum right-of-way required by this ordinance can be established. If the proposed subdivision abuts only one side of said street, then a minimum of one-half of the required extra right-of-way shall be dedicated by such subdivision.

(m) Street access to adjoining property. Whenever the aldermanic board find that street access to adjoining property is needed, a street right-of-way shall be extended to the boundary of such property and such right-of-way shall be dedicated to the public as an unopened street. When such unopened street is required for access to property, then the developer of the property for which access is required shall be responsible for opening and improving the unopened street.

(n) Street name markers and traffic control signs. Street name markers which shall be constructed to Manual on Uniform Traffic Control Devices specifications shall be installed at all street intersections.

(o) Major thoroughfare plan. When the major thoroughfare plan of the community shows proposed arterial streets and collector streets within a proposed subdivision, the subdivider shall design the street system within such subdivision to conform with the location and arrangement of such arterial streets and collector streets.

(p) Sidewalks. Sidewalks shall be installed on both sides of all arterial and collector streets within single family residential, multifamily residential and commercial subdivisions. Sidewalks shall also be installed on one side of all marginal access streets within multifamily, residential and commercial subdivisions. Where a subdivision abuts or contains an existing or proposed arterial or collector street, the aldermanic board may require sidewalks to be installed along these existing or proposed arterial or collector streets. The developer is required to install the sidewalks within two years of the subdivision plat being recorded or before a certificate of occupancy is issued on the structure, whichever comes first. Sidewalks shall be in accordance with the provisions of subsection 601.02 of this ordinance.

(601.02) Design and construction specifications for streets. Except as hereinafter provided, all streets established in any subdivision shall be designed and constructed in accordance with the following specifications:

P.C.C. = Portland Cement Concrete

(a) All streets [shall] have a graded aggregate base course conforming to Section 800 of the Georgia Department of Transportation Standard Specifications, and as Section 800 may be modified or amended.

(b) Installation of materials shall conform to Section 310 of the Georgia Department of Transportation Standard Specifications, and as Section 310 may be modified or amended.

(c) Minimum thickness of base material shall be 7.5 inches.

(Ord. of 3-1-1999, § II; Ord. of 4-3-2000, § I)

Cross references: Streets, sidewalks and other public places, ch. 74.

Sec. 602. Lots.

All lots which shall hereafter be established within a subdivision shall comply with the following design standards:

(602.01) General provisions. The following general requirements shall apply to all lots hereafter established within a subdivision:

(a) Street access. Each lot shall abut on a street which shall be dedicated as a public street and which conforms to the design requirements of this ordinance; provided the aldermanic board may approve a residential, commercial and/or industrial lot which does not abut a public street but which is served by a perpetual privately maintained access easement which meets the design and construction of this ordinance.

(b) Lot lines. Side lot lines shall be as nearly as practical at right angles to straight street lines and radial to curved street lines.

(c) Corner lots. Corner lots for residential use shall be provided with sufficient width and depth to permit the establishment of front yard building setback lines from both streets.

(d) Double frontage lots. Double frontage lots shall only be permitted where it shall be found necessary to separate a development from major arterials or to overcome specific disadvantages of topography and orientation.

(e) Minimum lot elevation. No lot shall be approved that does not contain a suitable building site of sufficient elevation to permit a finished floor elevation at least one foot above the level of the 100-year flood. The entire lot shall be properly drained.

(f) Residential lots in floodplain. Residential subdivision lots shall be prohibited within floodplain areas where the cost of providing governmental services in the area would pose an unreasonable economic burden.

(602.02) Lot width and lot area requirements. Lots hereafter established within subdivisions shall conform to the lot area and lot width requirements set forth in the following schedule, provided, however, that if a zoning ordinance is in effect, then the lot area and lot width requirements for the zoning district in which the subdivision will be located shall apply when such requirements are more restrictive than as set below:

*Open space is defined to be an area usable by residents of the development and shall not include buffers, easements, or rights-of-way (r-o-w). Open space shall be calculated by deducting all easements, buffers and r-o-w to determine the developable area. Wetlands will not be included in meeting open space. The developer must submit a sketch plan to the building official and planning commission for approval of open space locations and landscape plans required by the city's tree ordinance prior to submittal of preliminary plan.

(602.03) Building lines. Building lines shall be provided on all lots hereafter established and shall conform to the requirements set forth below, provided, however, that if a zoning ordinance is in effect then the building line setbacks required by such ordinance shall apply when such requirements are more restrictive than set forth below:

(604.03) Maintenance easement. Where a drainage canal is such size that it requires mechanical means for cleaning, there shall be a 25-foot access easement on one side of such canal for access purposes.

(604.04) Maintenance of open spaces. Maintenance and ownership of required open spaces within a development shall be accomplished by either:

1) Establishment of a homeowner's association or similar entity before final approval of the proposed development is given. Such entity shall have the power to compel contributions from the residents to cover costs associated with maintenance and upkeep of common area and any facilities thereon.

2) Establishment of a contract relationship with the city by the developer to create a permanent open space easement. The developer can establish an escrow account for the city to provide maintenance and upkeep of common area and any facilities thereon.

The developer and city can determine through negotiations the size of the escrow account to be placed on deposit with the city.

Sec. 603. Blocks.

All blocks established within a subdivision shall conform to the following design standards:

(603.01) Block lengths. In order that there may be convenient access between various parts of a subdivision and between the subdivision and surrounding areas and in order to help prevent traffic congestion and traffic hazards, the length of blocks hereafter established shall not exceed 1,800 feet.

(603.02) Crosswalks. Rights-of-way for pedestrian crosswalks shall be provided when in the opinion of the aldermanic board, crosswalks are necessary to give a direct pedestrian approach to schools, local shopping centers, and parks. Said rights-of-way shall be not less than ten feet in width.

Sec. 604. Easements.

The following kinds of easements shall be required within subdivisions:

(604.01) Utility easements. Public utility easements shall be provided where necessary. Such easements shall be not less than 15 feet in width and shall be located in front of property, if possible, otherwise easements shall be centered on side and rear property lines. All utilities shall be run underground.

(604.02) Access easements. Public access easement shall be provided where necessary. Such access easements shall not be less than 25 feet in width and shall have a nonencroachment set back for structures. The access easement can be used as part of common areas (except access easements for sanitary sewage lift stations) belonging to homeowners association or property owners association. If two or more publicly owned utilities are installed inside the access easement an additional ten feet of access easement shall be required for each additional utility. The city reserves the right to require additional access easement because of depth and size of utilities, when necessary, if publicly owned utilities are installed in the access easement and/or accessed through the easement. The utility owner (water, sewer, storm, etc.,) shall have an unlimited, unobstructed access 365 days [a year], 24 hours a day. When necessary the city will require that an all weather access road be constructed by the developer for access.

Sec. 605. Monuments.

The subdivider shall provide stone or concrete monuments four inches in diameter or square, 30 inches long, with a flat top, which shall be set at each street corner, and at all points where the street lines intersect the exterior boundaries of the subdivision, and at angle points and points of curvature in each street. The top of the monument shall contain a metal pin or be scored with an indented cross to property [properly] identify the location. The subdivider shall also provide all interior lot corners of subdivisions with concrete monument, iron [with metal] pins.

Sec. 606. Water supply and sanitary sewerage.

Water and sewerage facilities shall conform to the following requirements:

(606.01) Public water and public sewers. When feasible every portion of a subdivision shall be served by public water; when feasible, every portion of a subdivision shall be served by a [public] sanitary sewer system. All such systems shall be designed to preclude infiltration of floodwaters into the system and discharges from the system into floodwaters.

(606.02) Private water and private sewerage. Where either public water or public sewers or both are not available to a subdivision and a subdivider shall decide to establish a private water supply system and a private sewer system, then the plans and specification for such private water system and sewer shall be approved by the Chatham County Health Department and the aldermanic board. Any such private systems shall be so located as to avoid impairment of them, or contamination from them, during times of flooding.

(606.03) Publicly owned water and sewer systems. Water and sewer systems must be constructed in accordance with Chatham County Health Department specifications; sewer systems must connect to an existing publicly owned treatment plant, where practical, and both water and sewer systems and trunk lines shall be conveyed to the City of Pooler for operation and maintenance.

Water mains in residential subdivisions shall be a minimum of eight-inch diameter and a minimum of eight-inch diameter in commercial/industrial subdivision. All utilities running under streets/sidewalks shall be sleeved. Cut-off valves will be located at all tees where lines are two inches or larger.

Fire hydrants shall be a maximum of 300 feet apart in subdivisions zoned for multi-family, commercial or industrial use and a maximum of 500 feet apart in subdivisions zoned for single-family use.

Additional requirements for water, sewer and utilities include:

Water.

1. All water laterals provided in residential subdivisions shall be a minimum of one-inch diameter.

2. All water laterals connections to the water main shall be connected by a tapping saddle. The material construction shall be doubled strapped stainless steel, epoxy coated, C.C. thread.

3. All fire hydrants shall be painted yellow. A different paint color must be approved by the water superintendent and/or fire chief.

4. All three-inch or larger gate valves shall be resilient seat, epoxy coated.

5. All two-inch valves shall be brass ball valves only I.P.T.X.I.P.T. with locking wing.

6. All four-inch or larger gate valves that are installed on the transmission line(s) and/or tie into a major transmission line shall be installed in a manhole. All gate valves that are located at the entrance of a subdivision or other development that tie into a transmission line shall be installed in a manhole. All other gate valves can be installed in a cast iron valve box with a concrete collar and concrete value marker posts.

7. Fire hydrants shall have independent valves. Valves shall be in a cast iron valve box with a concrete collar.

8. All concrete collars shall be installed after the finish grade and installed above the final grade.

9. The top of the concrete collars shall be installed with a minimum of two inches above the finished grade. All installations shall have a concrete monument with W/Valve inscribed on two sides of the monument. The monument shall be installed no further than six inches away from the valve box.

10. When feasible all water mains shall be looped into the nearest main of the same size or larger size as the line of origin.

11. All residential homes/lots shall conform to the City of Pooler Cross Connection Back Flow Prevention Ordinance.

12. All water mains, water laterals, and fire hydrants shall have a #12 gauge solid copper wire installed with each utility. It shall be installed in such a matter that the wires are connected to each other and can be continuously traced. The water department shall conduct a tracing test to ensure compliance.

13. All water mains in the subdivision shall be a minimum of eight inches in diameter, unless a smaller size is approved by the water department. On culs-de-sac without fire hydrants, the minimum size is reduced to a four-inch diameter pipe.

14. The water mains at the culs-de-sac shall be installed around the cul-de-sac. This will eliminate any water laterals being installed under the cul-de-sac.

15. All fire hydrants, post hydrants and/or blow off shall require a #12 solid copper tracing wire to be installed from the existing wire on the main up to the bottom of the apparatus, just above the finished grade with the wire being wrapped around the apparatus several times. A continuous loop in the wire shall be maintained for tracing.

16. All water laterals shall be installed five feet from the property corner markers. At no time shall it be permissible for the laterals to be located in the middle of lots.

Sewer.

1. All sanitary manholes shall be installed at a maximum center to center distance of 350 feet.

2. When feasible the sewer lateral shall be connected to sanitary manholes. All laterals tieing to a manhole shall enter at an angle of at least 90 degrees to the direction of flow. Other sewer laterals shall be tied into the sanitary sewer by means of a sanitation tee or wye connection.

3. The minimum size of the gravity sanitary sewer shall be eight inches.

4. The minimum size of the gravity sanitary lateral shall be four inches.

5. Where grinder pumps are necessary to install for the sanitary sewer, the grinder pump shall be purchased from the City of Pooler. A minimum of five-foot easement shall be obtained for the City of Pooler for the maintenance of the grinder pump and sanitary low pressure lateral.

6. The City of Pooler will maintain the operation of the grinder pump for normal wear and operation (as deemed by the manufacturer of the grinder pump).

7. All grinder pump laterals shall have a two-inch ball valve installed at the low pressure main. The valve shall be installed in a cast iron valve box with a concrete collar.

8. All sanitary sewer mains, laterals, including low pressure and high pressure force mains shall have a #12 solid copper wire installed with each utility. A tracing wire shall be installed up along each manhole connecting it to the cast iron manhole. All tracing wire shall be installed in such a way that the wires are connected to each other and can be continuously traced. The sewer department shall conduct a tracing test to ensure compliance.

9. All sewer laterals shall be installed 15 feet from the property corner markers. At no time shall it be permissible for the laterals to be located in the middle of lots.

Utilities.

1. All publicly owned utilities shall be installed in the road rights-of-way or approved access easements as defined in section 504.02.

2. Sanitary sewer, water mains, service laterals or other publicly owned utilities shall not be installed behind or between lots without the express approval of the City of Pooler. If allowed the utility will need to be in a proper easement.

3. When lift stations are required, the lift stations shall not be located behind residential homes and/or commercial property without approval and an access easement as defined in sections 504.02 and 606.

4. The lift station shall have an access easement from the paved road in the subdivision.

5. The access easement to the lift station shall be a minimum width of 25 feet. The access easement shall have a road that is accessible during all weather conditions with a minimum width of 15 feet. The road construction shall be of graded aggregate with a minimum depth of eight inches. The road shall be constructed to engineering approval and/or specifications. The City of Pooler reserves the right to have the access road mucked to the depth of the graded aggregate, if necessary.

6. The immediate entrance at the paved public roadway to the access easements shall have a concrete pad. The minimum width shall be 15 feet, minimum depth of 15 feet, minimum thickness of four inches, and 4,000 psi mixture of fiber reinforced concrete.

7. All lift stations, shall have a turn-a-round drive provided, unless it is deemed not necessary by the water and sewer superintendent.

8. All lift stations, with three HP or larger motors, shall have a true three phase power supply. No single phase, rotophase, capacitor banks, shall be permissible.

9. All lift stations shall be constructed with submersible pumps only. The city and its engineers shall approve the pump size and manufacturer.

10. All lift stations, shall have a fenced in area for security reasons. The minimum gate opening shall be 12-foot with a 180 degree gate swing. The construction of the fence can be either wood or cyclone. All fences shall be of privacy manner.

11. The mounting panel for the controls, etc., shall be constructed out of three-inch galvanized post and galvanized support brackets.

12. All force mains shall be installed in the access easements and/or road rights-of-way.

(606.04) Publicly owned water supply and sanitary sewerage system. Water supply and sanitary sewerage collection systems that are publicly owned shall be placed in the road rights-of-way and/or access easements (Section 504.02). Where utilities are installed between residential homes and/or commercial property the access easements can be used for open space requirements. (Except: Access easements for sanitary sewerage lift station as defined in section 606 Utilities #5.)

Sec. 607. Benchmarks.

At least two benchmarks shall be established within a subdivision. Such benchmarks shall be at opposite corners of the property being subdivided.

Sec. 608. Preservation of noteworthy features.

In all subdivisions, to the maximum degree reasonably practicable, efforts shall be made to preserve historic sites, scenic points, large trees and other desirable natural growths, watercourses and other water areas, and other features worthy of preservation, either as portions of public sites and open spaces, or in such other forms as to provide amenity to the neighborhood.

(1) Large trees or other desirable natural growths located in public or private street rights-of-way or public or private easements shall not be removed unless such removal is necessary for the installation of utilities or drainage structures or for other purposes in the public interest. Refer to City of Pooler Tree Ordinance.

(2) Such removal may be prohibited if the amenity of adjacent property, or the amenity of the general neighborhood is adversely affected.

ARTICLE VII.
ADMINISTRATION

Sec. 700. Administrative agency.

The aldermanic board and the city planning commission shall administer this ordinance through the building official. It shall be the duty of the planning commission to inspect sketch plans and to suggest changes which should be made in the proposed design of a subdivision to insure the approval of the preliminary plan. It shall be the duty of the planning commission to inspect preliminary plans and to approve or disapprove such plans and forward to the aldermanic board with the recommendations.

It shall be the duty of the planning commission to inspect final plats and the information submitted with such final plats, and to recommend approval of such final plats when the requirements of this ordinance have been met and to recommend disapproval of such final plats when the requirements of this ordinance have not been met.

When the planning commission acts on the final plat for recording it shall forward it to the and aldermanic board for action.

(700.01) Notices required. The names and addresses of the owners of all properties abutting a tract or parcel of land for which a subdivision plat or land development plan or plat is required shall be submitted with such plat or plan.

The city clerk shall notify said abutting property owners of the date, time, and place of any public hearing at which a preliminary plan will be reviewed by the planning commission and aldermanic board.

Sec. 701. Sketch plan.

Previous to the filing of an application for approval of a preliminary plan, a sketch plan may be submitted to the planning commission for review and comment. When submitted, this sketch plan shall show in simple sketch form the proposed layout of lots, streets, roads, open spaces, landscape plans (large trees) and other features in relation to existing conditions.

The sketch plan may be a free hand pencil sketch. It shall include the following information: (a) the boundary lines of the property being subdivided; (b) watercourses and marshes found on the tract of land to be subdivided and the limits of habitable area; (c) the location, name, and right-of-way width of any existing streets on the land to be subdivided, or on land adjacent to the tract of land being subdivided.

A sketch plan cannot be considered a preliminary plan. Presentation of a sketch plan is not considered a formal submittal.

Sec. 702. Preliminary plan.

An original and four prints of a preliminary plan, showing the proposed design of the subdivision, shall first be submitted to the planning commission for approval.

Until the preliminary plan of a proposed subdivision has been approved by the planning commission and the aldermanic board a developer shall not grade, scrape, or otherwise open or extend a street in the proposed subdivision, nor shall he in any manner cause construction to actually begin on a subdivision.

(702.01) Preliminary plan requirements. Plan shall be drawn at a scale of not less than 200 feet to the inch. The preliminary plan shall contain the following information:

(702.01.1) Existing features:

(a) The bearings and distances of the boundary lines of the property to be subdivided.

(b) The location of any streams, natural drainageways, and other waterways which exist on the property.

(c) The distance and direction to public water lines and sanitary sewer lines.

(d) The name, location, and right-of-way width of existing streets either on the property or on the land adjoining the property.

(e) Existing contours of the property in solid lines and at one-foot intervals and based on mean sea level datum.

(f) The name of subdivision or property owners adjoining the property.

(g) The location of railroads, of public or private rights-of-way or easements, and of parks or other public spaces either on the property or adjoining the property.

(h) The approximate limits of the 100-year flood as shown on latest FEMA maps.

(i) The location of open space areas and landscape plan, as required by the city's tree ordinance.

(j) The square footage of each lot.

(702.01.2) Proposed design features:

(a) The location, purpose, and width of any proposed drainage or utility easements.

(b) Lot lines and lot line dimensions, proposed lot numbers and block numbers.

(c) The location and specifications for proposed streets and lanes, including right-of-way lines, proposed paving, proposed finished grades, proposed pavement width, if any, profiles and typical cross sections of such streets, and such other information as shall be required to show compliance with the design specifications established by this ordinance for streets.

(d) Proposed street names.

(e) Proposed final contours in dashed line at one-foot intervals and based on mean sea level datum.

(f) Proposed building lines.

(g) Proposed crosswalks.

(h) The location of proposed monuments.

(i) The location of open space areas, landscape plan with features.

(j) The approximate limits of the 100-year flood as shown on latest FEMA maps.

(702.01.3) Other information:

(a) Name of proposed subdivision, scale of the plat, north arrow, date, size of the tract being subdivided, key map showing location of the proposed subdivision in the city.

(b) Copies of any permit applications required by state or federal agencies must be attached at time of submittal of preliminary. Examples of applications are permit for wetland filling, extension of water and sewer lines, land disturbing activities (soil erosion and sedimentation) and curb cuts from DOT, DOT R-O-W encroachment, etc.

Failure to submit copies of state and federal permit applications with the preliminary plan submittal, when it was known or should have been known by the applicant or his agent, will cause the review process by the planning commission to stop, until such time as the proper submittals are received.

(c) A statement from the subdivider shall be placed on the preliminary plan which shall describe the method by which storm sewers, sanitary sewers, and water facilities will be provided. If septic tanks or individual waste disposal systems are to be used in a subdivision, then percolation tests shall be made in accordance with county health department requirements and the results of such test, together with a contour map showing the site of each test hole, shall accompany the preliminary plan.

(d) Grading and drainage plans shall be submitted with each subdivision application. If the required drainage plans reveal that a request for subdivision approval would overload the capacity of the channel downstream or increase flood stages upstream, the subdivision approval permit shall be denied, unless equivalent flow and storage capacity is replaced and maintained by the owners within the drainage basin affected.

(e) When the preliminary plan includes only a part of the tract on which the subdivider has an interest, the developer shall submit a tentative street plan for all of said tract.

(f) All exhibits accompanying the preliminary plan shall be prepared by a Georgia registered civil engineer and shall exhibit the seal of such engineer.

(702.02) Filing of preliminary plan. The preliminary plan shall be submitted to the building official to process and review prior to the submittal of the preliminary plan. If the building official determines the submitted preliminary plan does not contain all the required information, the building official shall return the preliminary plan to the applicant to complete. The preliminary plan shall be resubmitted to the planning commission not less than 30 days prior to the regular planning commission meeting at which it is to be considered.

(702.03) Process. Upon submittal of the preliminary plan, the building official will review the plan for noticeable discrepancies and determine if there is a need for additional information. The plan is then forwarded to the City of Pooler Engineer, other city departments, and other agencies (Savannah Electric, Savannah Gas, etc.). Once the comments from the review has been submitted to the building official, the plan shall be placed on the agenda of the next planning commission meeting. Until the applicant addresses all of the engineer's comments and the preliminary plan is satisfactory, the aldermanic board will not review the plan.

(702.04) Action on preliminary plan. If the planning commission finds that the proposed design of the subdivision shown on the preliminary plan complies with the design requirements of these regulations, it shall recommend approval of such preliminary plan to the aldermanic board.

If the planning commission finds that the proposed design of the subdivision shown on the preliminary plan does not comply with the design requirements of these regulations, then the planning commission shall either recommend disapproval of such plan or shall recommend approval of such plan on the condition that specified violations are corrected prior to the submittal of the final plan. When the planning commission recommends disapproval of a preliminary plan, it shall give the developer the reasons for such disapproval in writing.

Except where an extension of time is authorized by the applicant for preliminary plan review, the planning commission shall have 30 days from the date of the submission of a complete preliminary plan to act on such plan. Unless action is taken on an application for preliminary plan review within the 30-day period, a written recommendation of approval shall be issued by the planning commission on the demand of the applicant. The aldermanic board, upon receipt of a recommendation from the planning commission, within 30 days of planning commission action shall hold a public hearing thereon and shall notify in writing all abutting property owners and the developer of the subdivision of the time, date, and place of said hearing. The aldermanic board may either approve, disapprove, or require modifications to the subdivision plat.

Any substantial change or modification, which differs from sketch plan or changes lot layout, of the preliminary plan required by the aldermanic board must be reviewed by the planning commission for consistency with other regulations. The review must occur by the next official meeting of the aldermanic board.

(702.05) When preliminary plan approved, work may proceed. When a developer receives approval of the preliminary plan showing the design of his proposed subdivision, he may proceed with the construction of the subdivision. Such construction shall conform with the design submitted to and approved by the aldermanic board.

(702.06) The limit on preliminary approval. The aldermanic board's approval of a preliminary plan shall be valid for one year. If work has not started on a subdivision which has been granted preliminary plan approval on or before the end of this one-year period, then the plan of such subdivision shall be resubmitted for preliminary approval; provided, however, that this time may be extended unless changes have occurred in this ordinance, or in the character of the property surrounding the property of the proposed subdivision, which makes it necessary to revise the design of the proposed subdivision.

Sec. 703. Final plat.

Before a plat of a subdivision is recorded with the clerk of the superior court of Chatham County and the lots thereon offered for sale, an original, and five prints of the final design of the subdivision shall be submitted to the planning commission for review.

Until a final plat of a subdivision has been submitted to and reviewed by the planning commission and approved and signed by the mayor and clerk of the city, the clerk of the superior court of Chatham County shall not record the plat of such subdivision, nor shall the owner or agent of such subdivision be authorized to transfer or sell any of the land within such subdivision by reference to a plat. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the planning commission.

(703.01) Final plat requirements. The original copy of the final plat shall be drawn on 18-inch by 24-inch sheets of linen with black India ink at a scale of not less than 200 feet to the inch. Where necessary, the final plat may be several linen sheets accompanied by an index sheet showing the entire subdivision. The final plat shall contain the following information:

(a) Primary control points to which all dimensions, angles, bearings, and similar data on the plat shall be referred.

(b) Tract boundary lines; right-of-way lines of streets, easements and other rights-of-way; property lines of all lots; and in all such cases with surveyed dimensions, bearings or deflection angles, radii, arcs, and central angles of all curves shown.

(c) Name and right-of-way width of each street or other right-of-way.

(d) Location, dimensions, and purpose of any easement.

(e) Number to identify each lot or site.

(f) Purpose for which sites, other than residential lots, are dedicated or reserved.

(g) Minimum building set back line on all lots and other sites.

(h) Location and identification of monuments.

(i) Names of record owners of adjoining unplatted land.

(j) Reference to recorded subdivision plats of adjoining platted land by record name.

(k) Certificate that all survey work was performed by a registered civil engineer or registered surveyor.

(l) Statement by owner dedicating streets, rights-of-way, easements, and any sites for public use. Such dedications must be formally accepted by the aldermanic board of the city before such dedications shall be binding on the city.

(m) Title, scale, north arrow, and date.

(n) Key map showing the location of the subdivision in the city.

(o) All plats shall show the expected limits of the 100-year flood where appropriate.

(p) Approved record drawings.

(q) Location and identification of any wetlands.

(703.02) Certification from county health department. If lots are not to be served by either public sewers or public water, or both, then the final plat shall be accompanied by a certificate from the county health department certifying health department approval of the water supply system and/or waste disposal system to be used and health department approval of lot sizes and lot widths established in such subdivision.

(703.03) Certificate from engineer. At the time the final plat is submitted, it shall be accompanied by a certificate from the developer's engineer certifying that the subdivider has complied with the following conditions:

(a) All infrastructure improvements and landscape requirements have been installed in accord with the requirements of this ordinance and in accord with the design approved by the aldermanic board on the preliminary plan; and/or

(b) A bond, escrow account, certified check, or irrevocable letter of credit from a bank which has a business office within the State of Georgia, in the amount of 150 percent of the required infrastructure improvements and maintenance and landscape requirements, which is acceptable to the city and such bond, escrow account, or certified check, or irrevocable letter of credit has been posted and is available to the city, and in sufficient amount to ensure the completion of all required improvements, as well as to ensure the maintenance thereof for a period of not less than 12 months after completion.

If a bond is offered, it shall be executed by a surety or guaranty company qualified to transact business in the State of Georgia and acceptable to the city. In no event shall the depositor of the irrevocable letter of credit or bond have any significant interest in the bank upon which such irrevocable letter of credit has been authorized or in the surety or guaranty company issuing the bond. Significant interest of the depositor means acting as an officer or director or owning more than one (percent of the stock of such bank, surety or guaranty company.

The aldermanic board may reduce the bond, escrow account, or irrevocable letter of credit by as much as one-half upon completion of construction. If no faults or failures develop, the remaining bond, escrow account, or irrevocable letter of credit may be reduced by an additional 50 percent at the end of six months.

At the end of the second six months, the developer shall request an inspection, and if no faults or failures have developed, the aldermanic board shall release the bond escrow, or irrevocable letter of credit. Such bond, escrow, or irrevocable letter of credit shall remain in force until released by the aldermanic board after due inspection of said improvements and shall not automatically expire, or if a letter of credit containing an expiration date, shall be replaced with a letter of credit acceptable to the city at least ten days prior to its expiration.

(703.04) Filing the final plat. The final plat shall be filed with the planning commission not less than 20 days prior to a regular meeting of the planning commission.

(703.05) Action on final plat. If the planning commission finds that all the requirements of this ordinance have been met, it shall recommend approval of the final plat and submit such plat to the aldermanic board.

If the planning commission finds that all the requirements of this ordinance have not been met, and after deficiencies have been discussed and reviewed with the applicant, and the applicant given a period of time which shall not exceed 90 days to take corrective action, then the planning commission shall recommend disapproval of the final plat to the aldermanic board and shall set forth its reasons for such recommendations in writing. Except where an extension of time is authorized by the applicant for final plat review, the planning commission shall have 30 days from the date of the submission of a final plat to submit its recommendations on such plat to the aldermanic board. Unless such action is taken within such 30-day period, then such plat shall be deemed to have received a recommendation for approval from the planning commission and the aldermanic board may take final action on such plat without waiting further for the recommendations of the planning commission.

(a) When the final plat has been approved, the planning commission shall present the final plat to the clerk of the superior court of Chatham County to be recorded. The planning commission shall provide the subdivider with the subdivision map book number and page number in which the subdivision has been recorded by the clerk of the superior court. The cost of such recording shall be paid by the subdivider and shall be deposited with the planning commission [prior] to such recording.

(b) After the final plat of the subdivision has been recorded, then all lots shown on such subdivision may be made available for sale and such subdivision shall be entitled to all privileges and services available to other subdivisions within the city.

(703.06) Revisions to recorded plat. The subdivider shall file with the planning commission copies of the proposed revisions to a recorded plat together with all supporting information as required by these regulations.

Proposed revisions to a recorded plat which alter or change in any way the street and/or utility layout of said plat shall be submitted as a preliminary plan in accordance with section 702 of these regulations. Proposed revisions to a recorded plat which do not alter or change in any way the street and/or utility layout of said plat shall be submitted as a final plat in accordance with section 703 of these regulations.

(Ord. of 7-2-2001, § I)

Sec. 704. Minor subdivision.

Minor subdivisions may be submitted as final plats, and shall comply with the requirements of these regulations, including minimum finished floor elevation requirements, with the following exceptions:

(a) Minor subdivisions shall be processed as a major subdivision if requested by either the planning commission, other review agency, or the developer.

(b) Topographic information shall not be required, unless specifically requested by the town.

(c) Percolation information shall not be required, unless requested by the health department.

(d) Only one benchmark shall be required. An existing accessible benchmark within 200 feet of petitioner's property, if shown on the plat, shall satisfy this requirement.

(e) The developer shall submit a drainage plan for approval.

(f) Provided that where a series of minor subdivisions are developed or proposed immediately adjacent to one another, the planning commission, or other review agency may require the developer to comply with the procedures for major subdivisions.

Sec. 705. Fee schedule.

The following fee schedule is imposed:

Minor subdivision:

Preliminary plan . . . . $150.00

Final plan . . . . 150.00

Major subdivision:

Preliminary plan . . . . 150.00 plus 10.00 per lot

Final plan . . . . 150.00

Five-acre tract subdivisions:

Final . . . . 50.00

Revisions to recorded plats - (Recombination, combination) . . . . 50.00

ARTICLE VIII.
EXEMPTIONS AND MODIFICATIONS

Sec. 800. Exemptions.

The following types of subdivision shall not be defined as subdivisions and shall be exempted from the requirements of this ordinance, pursuant to the provisions of the act authorizing the adoption of this ordinance:

(a) The subdivision of a tract of land into two or more lots, each having an area of five acres or more, and in which no new street, and no new or expanded utilities is required. (The dividing of a tract, into two or more lots of five acres or more each, which requires new access roads or utilities shall be defined as a subdivision under the terms of this ordinance and a preliminary plan will be required.)

(b) The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards set forth in this ordinance.

Sec. 801. Final plat approval only.

In the case of a subdivision which shall have lots fronting only on existing, open, and public street and which does not require a new street, or requires no extension of water and sewer, the developer of such subdivision shall only be required to submit a final plat. The aldermanic board shall approve such final plat if they find that the subdivision described thereon complies with all of the applicable requirements of this ordinance.

Sec. 802. Variance.

When a peculiar shape or the topography of a tract of land, or other unusual condition, makes it impractical for a developer to comply with the literal interpretations of the design requirements of this ordinance, the planning commission may recommend that such requirements be waived; provided, however, that in so doing, the intents and purposes of this ordinance are not violated, and recommend variance is approved by the aldermanic board of the City of Pooler.

ARTICLE IX.
PENALTIES

Sec. 900. Violation a misdemeanor.

Any person violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be subject to such penalties as are provided by law for other misdemeanors.

Sec. 901. Other penalties.

Unless a subdivision hereafter established shall be designed, developed, and recorded in accordance with the provisions of this ordinance, then:

(a) The city shall not accept the dedication of any street within such subdivision, nor shall the city improve, maintain, grade, pave, or light any street within such subdivision unless such street or streets shall have received the status of public streets prior to the adoption of this ordinance.

(b) The city shall not assume any responsibility for drainage problems within such subdivision unless city owned and maintained drainage structures already exist in such subdivisions.

(c) The city shall not issue a building permit within such subdivision.

(d) No unit of local government shall be authorized to extend any publicly operated service or utility into such subdivision.

ARTICLE X.
AMENDMENTS

Sec. 1000. Amendment.

This ordinance may be amended from time to time, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. The planning commission shall submit its report within 30 days after receiving an amendment proposal from the aldermanic board, otherwise said amendment proposal shall be deemed approved by the planning commission.

Before enacting an amendment to these regulations, the aldermanic board shall hold a public hearing thereon, notice of which shall be published at [least] 15 days prior to such hearing in a newspaper of general circulation in Chatham County.