Document Pickenscountyga_doc_a08fff705a

STATE OF GEORGIA ORDINANCE NO. COUNTY OF PICKENS AN ORDINANCE TO AMEND CHAPTER 38, ENTITLED “LAND DEVELOPMENT STANDARDS”, OF THE CODE OF ORDINANCES, PICKENS COUNTY, GEORGIA TO ENHANCE LAND DEVELOPMENT REGULATION IN UNINCORPORATED PICKENS COUNTY IN ORDER TO PROTECT AND PRESERVE THE PUBLIC’S SAFETY, HEALTH, WELFARE AND QUALITY OF LIFE THEREIN BE IT ORDAINED by the Board of Commissioners of Pickens County, Georgia as follows: WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State of Georgia in November of 1982, and effective July 1, 1983, provides in Article IX, Section IV, Paragraph II thereof that the governing authority of a county may adopt clearly reasonable ordinances, resolutions, and regulations; and WHEREAS, O.C.G.A. § 36-1-20 authorizes counties to enact ordinances for protecting, preserving, and enhancing the public health, safety and welfare of the population of a county’s unincorporated areas; and WHEREAS, the Code of Ordinances, Pickens County, Georgia (“Code”), through its original adoption and through subsequent amendments thereto, is comprised of the ordinances that empower and enable the governing and policing of the unincorporated portions of Pickens County (“Unincorporated Pickens County”) by the Board of Commissioners of Pickens County (“Board”); and WHEREAS, the paramount duty of the Board is to protect and preserve the public’s safety, health, welfare and quality of life in Pickens County, and WHEREAS, Chapter 38 of the Code, entitled “Land Development Standards” (“Chapter 38”) serves as the Board’s means to regulate land development within Unincorporated Pickens County for the purpose of protecting and preserving the public’s safety, health, welfare and quality of life therein; and WHEREAS, the Board has determined that the existence and enhancement of land development regulation standards set forth in Chapter 38 is essential to protecting and preserving public safety, health, welfare and quality of life Unincorporated Pickens County; and Page 1 of 209 ---PAGE BREAK--- WHEREAS, on the basis of clear and compelling input provided by the residents of Pickens County, the Board accordingly adopted various amendments to Chapter 38 on May 21, 2025 to more effectively regulate land development within Unincorporated Pickens County; and WHEREAS, the May-21 amendments to Chapter 38 aspire, intend and seek to accomplish the wide-ranging critical community-essential goal of more effectively protecting and preserving the public’s safety, health, welfare and quality of life within Unincorporated Pickens County by enabling and facilitating the best possible land development regulation therein; and WHEREAS, the May-21 amendments, amongst various objectives, aspire, intend and seek to accomplish the critical community-essential goal of enabling and facilitating the best possible administration and disposition of land development violations that are committed within unincorporated Pickens County in accordance with Chapter 1, entitled “General Provisions, Administration and Enforcement”, of the Code, which was significantly amended by the Board on May 5, 2025; and WHEREAS, in addition to the May-21 amendments, the Board desires to now more substantially amend Chapter 38, in order to adopt and employ all feasible means to best regulate land development within Unincorporated Pickens County for the purpose of protecting and preserving the public’s safety, health, welfare and quality of life in Pickens County to the most effective extent possible; and WHEREAS, an appropriately noticed public hearing concerning these amendments to Chapter 38 was conducted on August 18, 2025. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners, and it is hereby ordained by the authority of the same, as follows: SECTION 1. Chapter 38, entitled “Land Development Standards “is hereby amended by the amendments set forth in Exhibit hereto. SECTION 2. If any provision or clause of this Ordinance is held to be invalid, or if a provision or clause of this Ordinance as applied to any particular situation or set of circumstances is held to be invalid, this invalidity shall not affect other provisions, clauses, or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Page 2 of 209 ---PAGE BREAK--- SECTION 3. All ordinances, parts of ordinances, resolutions, or regulations in conflict with this Ordinance this day passed are hereby repealed. SECTION 4. This Ordinance shall become effective immediately upon its adoption. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 18thst day of August 2025. SIGNATURE PAGE TO FOLLOW Page 3 of 209 ---PAGE BREAK--- ---PAGE BREAK--- EXHIBIT Amendments to Chapter 38 [LAND DEVELOPMENT STANDARDS] of the Code of Ordinances, Pickens County, Georgia I. AMENDMENTS OF ARTICLE I (IN GENERAL) OF CHAPTER 38 (LAND DEVELOPMENT STANDARDS) That the Code of Ordinances, Pickens County, Georgia is hereby amended by amending Article 1 [IN GENERAL] of Chapter 38 [LAND DEVELOPMENT STANDARDS] as follows: ARTICLE I. – GENERALADMINISTRATION AND ENFORCEMENT Sec. 38-1. – Intent and general administration and enforcement. The Board of Commissioners of Pickens County, Georgia (Board of Commissioners”) hereby declares that the effective regulation of land development pursuant to relevant, suitable and effective land development standards in the unincorporated areas of Pickens County constitutes an essential element of the effective governing and policing thereof for the purpose of protecting and preserving public safety, health, welfare and quality of live therein. The term “Code” as used hereinafter in this Chapter shall mean the Code of Ordinances, Pickens County, Georgia. Through this Chapter 38 of the Code (“Chapter 38”), as adopted and amended pursuant to O.C.G.A. § 36-1-20 for the purpose of governing and policing of the unincorporated areas of Pickens County, the Board of Commissioners intends to ensure the most effective regulation possible of land development to achieve the objectives stated in subparagraph Subject to standards and limitations referenced in Subsections and the administration of this Chapter and the enforcement of its provisions regarding Page 5 of 209 ---PAGE BREAK--- violations of this Chapter shall be conducted in strict and complete accordance with Chapter 1 of the Code. Such administration and enforcement shall be conducted pursuant to the standards provided by and within the limitations imposed by O.C.G.A. § 36-1­ 20. Such administration and enforcement shall also be conducted pursuant to the standards provided by and within the limitations imposed by any other applicable Georgia law or federal law. Chapter 38 shall be administered and enforced within the span-of-control of the Board of Commissioners. Sec. 38-2. - Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Access means the right to cross between public and private property, thereby permitting pedestrians and vehicles to enter and leave property. Accessory building means a subordinate building, the use of which is incidental to that of a main building and located on the same lot as the main building. Alley means a public or legally established thoroughfare, other than a street, which affords a secondary means of access to abutting property. Alteration of building means any change in the support members of a building except such change as may be required for its safety; an addition to a building; or any change in use from that of one district classification to another or of a building from one location to another. Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Page 6 of 209 ---PAGE BREAK--- Best management practices (BMP's) means a collection of structural measures and vegetative practices which, when properly designed, installed and maintained, will provide effective erosion and sedimentation control for all rainfall events up to and including a 25-year, 24-hour rainfall event. Block means an area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of such boundaries with a river or lake. Board means the board of natural resources. Board of appeals means the five-member Board of Appeals whose membership is appointed by the Board of Commissioners to perform specified roles set forth in this Chapter. Bond means a legal instrument with a clause which establishes a sum of money fixed as a penalty, binding the parties to pay the penalty; conditioned, however, that the payment of penalty may be avoided by the performance by the part of certain acts. Buffer means the area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. Buffer strip means a land area of appropriate design providing a visual and noise separation between incompatible land uses. Building means any structure having a roof supported by columns or by walls, including tents, lunch wagons, dining cars, mobile homes, and similar structures whether stationary or movable. Building setback line means a line delineating the minimum allowable distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided. Campground means a parcel of land used or intended to be used, let or rented for occupancy by campers or for occupancy by camping trailers, tents, or movable or temporary dwellings, rooms or sleeping quarters of any kind. Page 7 of 209 ---PAGE BREAK--- Commission means the State Soil and Water Conservation Commission. (To replace earlier definition of Committee.) Crosswalk means a right-of-way within a block dedicated to public use, intended primarily for pedestrian use, and designed to provide access to adjacent roads and lots. Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. Also known as excavation. Department means the department of natural resources. Design standards means the specifications to land owners or subdividers for the preparation of plats, both preliminary and final, indicating among other things, the optimum, minimum, or maximum dimensions of such items as rights-of-way, blocks, easements, and lots. Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Director means the director of the environmental protection division of the department of natural resources. District means the Limestone Valley Soil and Water Conservation District. Division means the environmental protection division of the department of natural resources. Drainage structure means a device composed of a virtually nonerodable material such as concrete, steel, plastic or other such material that conveys waters from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes. Dwelling means a building or portion thereof, exclusive of mobile homes as defined in this section, used for residential purposes. Page 8 of 209 ---PAGE BREAK--- Dwelling; multiple means an attached building designed for occupancy by two or more families living independently of each other. Dwelling; single-family means a detached building designed to be occupied exclusively by one family. Dwelling unit means one or more rooms and a single kitchen designed as a unit for occupancy by only one family for cooking, living, and sleeping purposes. Easement means a grant by a property owner for the use of a strip of land for the specified purpose of constructing and maintaining utilities excluding sewer infrastructure; but otherwise including, but not limited to water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines. Erosion means the process by which land surface is worn away by the action of wind, water, ice, or gravity. Erosion and sedimentation control plan means a plan for the control of soil erosion and sedimentation resulting from a land disturbing activity. Also known as the "plan". Escrow means a legal agreement between a developer and the county or the appropriate agency or utility in lieu of actual performance and intended to assure performance. Existing grade means the vertical location of the existing ground surface prior to cutting or filling. Fill means a portion of land surface to which soil or other solid material has been added; the depth above the original ground. Filling means the placement of any soil or other solid material either organic or inorganic on a natural ground surface or an excavation. Final plat means a finished drawing or map of a subdivision, meeting all of the requirements of these regulations in such form as required by the local jurisdiction and showing, completely and accurately, all legal design and engineering information, and certificates necessary for recording. Page 9 of 209 ---PAGE BREAK--- Finished grade means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design. Flood means an overflow of lands not normally covered by water that results in significant adverse effects in the vicinity. Flood insurance rate map (FIRM) means the official map issued by the Federal Emergency Management Agency where the areas of special flood hazard have been designated as zone A. Floodway fringe areas means areas lying outside the floodway district but within the area which would be flooded by the regional flood. Floodways means the natural channel and the portion of the floodplain along the channel which must be retained solely for the passage of floodwaters to prevent an undue increase in flood heights upstream. Water travels at a high velocity in the floodway. Frontage means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended then all the property abutting on one side between an intersecting street and the dead end of the street. Grading means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. Ground elevation means the original elevation of the ground surface prior to cutting or filling. Hospitals or convalescent homes means any publicly or privately owned medical treatment facility, rest home, or convalescent home. Individual sewage disposal system means a septic tank, seepage tile sewage disposal system, or any other sewage treatment device other than a public treatment system approved by the county health department. Page 10 of 209 ---PAGE BREAK--- Issuing authority means the governing authority of any county or municipality which has been certified by the director of the environmental protection division of the department of natural resources as an issuing authority, pursuant to the Erosion and Sedimentation Act of 1975, as amended, or the division in those instances where an application for a permit is submitted to the division. Land-disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in section 38-706(1)e. Lot means a piece, parcel, or plot of land in one ownership, which may include one or more lots of record. Lot area means the total surface area of land included within lot lines. Lot corner means a lot of which at least two adjoining sides abut their full on a street, provided that the interior angle at the intersection of two such sides is less than 135 degrees. Lot depth means the average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot. Lot, double frontage means a lot other than a corner lot abutting two streets. Lot frontage means that dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot. Lot; interior means a lot other than a corner lot. Lot lines means the boundary dividing a given lot from the street, an alley, or adjacent lots. Lot of record means a lot which is part of a subdivision recorded in the superior court clerk's office, or a lot described by metes and bounds, the description of which has been recorded in the superior court clerk's office prior to the date of passage of the resolution from which this Chapter derived. Page 11 of 209 ---PAGE BREAK--- Lot width means the width of a lot at the building setback line measured at right angles to the centerline of its depth. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor. Manufactured home/mobile home/trailer means a detached unit with any or all of the following characteristics: Designed for long-term occupancy with plumbing and electrical connections provided for attachment to outside systems. If the metal frame is completely removed from a unit and the unit meets the building codes, it shall be classified as a modular unit. If the entire metal frame cannot be removed, it shall be classified as a trailer (mobile home). Arriving at the site where it is to be occupied as a complete unit and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like. Designed to be freestanding and does not require a foundation for occupancy. Manufactured homes built after 1976 must comply with the Federal Manufactured Housing Construction and Safety Standards known as the HUD Code, which mandates specific safety and quality requirements. Metropolitan River Protection Act (MRPA) means a state law referenced as O.C.G.A. § 12-5-440 et seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. Minimum floor elevation means the lowest elevation permissible for the construction, erection, or other placement of any floor including a basement floor. Page 12 of 209 ---PAGE BREAK--- Mobile home park means a plot of ground upon which three or more mobile homes occupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodations. Mobile home space means a plot of ground within a mobile home park designated for the accommodation of not more than one mobile home of single-family occupancy. Modular home means a factory fabricated dwelling over 32 feet in length and at least 24 feet wide designed and constructed without carriage of hitch collar as stationary house construction for placement upon permanent foundation, to be permanently connected to utilities, for year-round occupancy. It can consist of two or more components that can be separated when transported but designed to be jointed into one integral unit. Modular homes shall meet the minimum standards for house construction as specified in the Southern Standard Building Code, the FHA Minimum Property Standards, the State Factory Built Housing Rules, and have a roof with at least a 3/12 pitch. Natural ground surface means the ground surface in its original state before any grading, excavation or filling. Nephelometric turbidity units (NTU) means numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present. Percentage of grade means on street center line, the distance vertically (up and down) from the horizontal in feet and tenths of a foot for each 100 feet of horizontal distance. Permit means the written authorization required to conduct a regulated activity under the provisions of this Chapter. Person means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. Page 13 of 209 ---PAGE BREAK--- Person committing a violation means a person committing a violation of any provisions of this Chapter. Plat; preliminary and final: Preliminary means a tentative drawing or map of a proposed subdivision meeting requirements enumerated in this Chapter and showing the proposed layout in sufficient detail to indicate unquestionably its workability. Final means the final map or as built drawing and accompanying materials, described in this Chapter, on which the subdividers plan of the subdivision is presented to the planning commission for approval and which, if approved by the commission is recorded in the office of the clerk of superior court. Poultry house means any type of structure used for the raising and growing of fowl, including, but not limited to, chickens, turkeys, and/or laying hens for commercial or profit making uses. Preapplication review means an initial and informal stage of subdivision review at which the developer may make known preliminary plan proposals and the county may respond and/or advise the developer concerning the subdivision regulations. Private street means a street over which the general public has no right of use and is not maintained by the county road department. Project means the entire proposed development project regardless of the size of the area of land to be disturbed. Property owners association means a legally constituted association of property owners who commonly owns and is responsible for the maintenance of commonly owned property and improvements in a development. Protective covenants means contracts made between private parties or conditions recorded with an approved plat and running with the land, specifying the manner in which land may be used, developed, or improved with the view to protecting and preserving the physical and economic integrity of any given area. Page 14 of 209 ---PAGE BREAK--- Public water system means any water distribution system which has 15 or more service connections or serves more than 25 people. Recreation park or center means any public property used for recreational activities including, but not limited to ball fields, swimming pools, gymnasiums, tennis courts, walking trails and picnic areas. Reserve strip means a strip or parcel of land along, around, or between properties, the purpose of which is to restrict access. Residence means any structure used to house any individual who intends this structure to be his place of abode. Re-subdivision means a change in a map of any approved or recorded subdivision plat altering the number of lots incorporated within the confines of the original plat. Right-of-way means a strip of land designated, reserved, dedicated, or purchased for the purpose of pedestrian or vehicular access or utility line installation. Roadway means the actual road surface including necessary road shoulders and drainage facilities (including ditches and curbing and guttering), which is utilized to transport motor vehicles. Roadway drainage structure means a device such as a bridge, culvert, or ditch, composed of a virtually nonerodable material such as concrete, steel, plastic, or other such materials that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other sde. Sediment means solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion. Sedimentation means the process by which eroded material is transported and deposited by the action of water, wind, ice or gravity. Page 15 of 209 ---PAGE BREAK--- Setback line (or building line) means a line beyond which no foundation wall, eave, or other part of any building shall project, unless specified exceptions are made elsewhere in these regulations. Slope means the degree of deviation of a surface from the horizontal, usually expressed in percent or degree. Soil and water conservation districted approved plan means an erosion and sedimentation control plan approved in writing by Georgia Soil and Water Conservation Commission. Stabilization means the process of establishing an enduring soil cover of vegetation and/or mulch or other ground cover and/or in combination with installing temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. Start of construction includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "actual start" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, the "actual start" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including at a minimum the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. Page 16 of 209 ---PAGE BREAK--- State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation. Storm waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural and artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. Street means a right-of-way for vehicular traffic whether designated as street, highway, thoroughfare, parkway, road, avenue, drive, expressway, boulevard, lane, place, circle, alley, or otherwise. Arterials mean those roads which are designed to carry rapid, continuous traffic to major magnets within the urban area. Routes will usually pass through or near the heart of the city, connecting residential, commercial, industrial and public activity areas. Bypass means a highway designated for fast, continuous movement of all types of traffic between highways and widely separated parts of the urban area. Bypasses generally have limited or controlled access and are usually grade separated at railroads and major crossings. Collector streets mean those streets which bring traffic to arterials, or interconnect arterials. They provide for relatively easy movement at moderate speeds from homes and businesses to arterials. Local streets mean those streets which provide direct access to abutting properties. Alley or service drive means a minor access way used for service access, or property access under specified circumstances, to the back or side of properties otherwise abutting on a street. Page 17 of 209 ---PAGE BREAK--- Marginal access street means a residential street parallel and adjacent to major thoroughfares or arterial streets and which provides access to abutting properties with protection from through traffic. Cul-de-sac means a local street or road with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. Half street means a street or road adjacent to a subdivision tract boundary where only half the required right-of-way and road improvements are provided within the proposed subdivision and the responsibility for the other half is undecided or is left to the adjacent property owner. Street line or right-of-way line means a dividing line between a lot, tract, or parcel of land and a contiguous street. Structural alterations mean any change in the supporting members of a building such as bearing walls or bearing partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Structural erosion and sediment control practices means measures for the stabilization of erosive or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps, land grading, etc. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia. Structural practices mean soil and water conservation measures, other than vegetation, utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss; including but not limited to riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps, land grading, etc. Structure means anything constructed or erected which requires location on the ground or attachment to something having a location on the ground. The term shall include such things as gasoline pumps, signs, mobile homes, and other Page 18 of 209 ---PAGE BREAK--- portable vehicles or structures from which products are vended, and similar objects. Subdivision(s) means the division of a tract of land or area of land into two or more lots, building sites, or other divisions for any purpose, whether immediate or future, including but not limited to divisions for sale, rental, legacy, or building development. This definition shall include re-subdivision. When appropriate to the context, subdivision(s) shall constitute the process of subdividing a tract of land or area of land or shall constitute the tract of land or area of land that has been subdivided or is in the process of being subdivided. Minor subdivision means any subdivision(s) comprised of or to be comprised of five or fewer lots, building sites, or other divisions and in which no new roads are developed or are to be developed, and no utility extensions and developments are developed or are to be developed Major subdivision means any subdivision(s) which is not classified as a minor subdivision. Substantial improvement means for a structure built prior to the enactment of this Chapter, any repair, reconstruction, or improvement of a structure the cost of which equals or exceeds 50 percent of the market value of the structure either: Before the improvement or repair is started; or If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration on any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. Swine operation means any type of structure or pen used for the growing, raising, or breeding of swine for commercial or profit making uses. Page 19 of 209 ---PAGE BREAK--- Trout streams mean all streams or portions of streams within the watershed as designated by the Game and Fish Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. Vegetative erosion and sediment control practices mean measures for the stabilization of erosive or sediment-producing areas by covering the soil with: Permanent seeding, sprigging or planting, producing long-term vegetative cover; or Temporary seeding, producing short-term vegetative cover; or Sodding, covering areas with a turf of perennial sod-forming grass. Violation means the performing of an act that is prohibited by any provision of this Chapter or the failure to perform an act that is required to be performed by any provision of this Chapter. Watercourse means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. Wetlands mean those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Page 20 of 209 ---PAGE BREAK--- Yard means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upwards, except as otherwise provided in this Chapter. Yard; front means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the street line and the front line of the most protruding portion of the building projected to the side lines of the lot. Yard; rear means an open space on the same lot with a principal building, unoccupied except by a permitted accessory building, extending the full width of the lot and located between the rear line of the most protruding portion of the building projected to the side lines of the lot. Yard; side means an open, unoccupied space on the same lot with a principal building located between the side of the most protruding portion of the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. (Ord. of 8-8-1997, ch. II, art. II; ch. IV, art. II; ch. X, art. I) (Res. of 12-29-2000, § 3) (Res. of 11-14-2003, § 1) (Ord. of 5-22-2025, § 1 (Exh. Sec. 38-3. - Responsibilities for administration and enforcement. Operating within the span-of-control of the Board of Commissioners and under the direction of the Chairperson thereof, the Pickens County Government shall administer this Chapter and enforce its provisions. The Chairperson shall institute, oversee, and direct the day-to-day execution of all administration and enforcement actions by the Pickens County Government concerning this Chapter. The administration of this Chapter and the enforcement of its provisions shall be the designated and authorized operational responsibility of the Planning & Development Department, as led by the Director of the Planning & Development Department, with that department and that position being responsible to the Chairperson or to the Chairperson’s designee. Page 21 of 209 ---PAGE BREAK--- The Chairperson shall designate and authorize employees (“authorized county employees”) of the Planning & Development Department to carry out the daily functions of administering and enforcing this Chapter. Authorized county employees shall enforce the provisions of this Chapter through citations for violations thereof, in accordance with Chapter 1 of the Code and in accordance with the other provisions of this Chapter. In enforcing the provisions of this Chapter, the Planning & Development Department and the authorized county employees therein shall work with the Pickens County Marshal’s Office, as provided for in Chapter 2, Article V of the Code, which functions under the direction of the Chief County Marshal. When circumstances warrant, the Planning & Development Department and the authorized county employees therein shall also seek the advice, guidance, assistance, and/or involvement from colleague departments of the Pickens County Government, including, but not limited to, the Public Works Department, the Fire Marshal’s Office, the Fire & Rescue Service and the Water Department. The Board of Appeals shall have the power to act as is provided in Section 38-9 and in Section 38-10 of this Chapter and shall do so in the discharge of its prescribed responsibilities. The authorizations of responsibility provided in this Section shall supersede any authorizations provided by any other provision of this Chapter that authorize any party, position or department to have roles in administering and enforcing this Chapter other than the Board of Commissioners, the Chairperson, the Chairperson’s designees, the Planning & Development Department, the Director of the Planning Development Department, authorized county employees and the Board of Appeals as is specified in Subsections – of this Section.. (Ord. of 5-22-2025, § 1 (Exh. Sec. 38-4. – Land development permits and certificates of completion required. Page 22 of 209 ---PAGE BREAK--- The Planning & Development Department shall utilize land development permits and land development certificates of completion to aid the administration of this Chapter and the enforcement of applicable provisions of this Chapter. The required land development permits are: 1. Land-disturbing permits required pursuant to Article X of this Chapter. 2. Access encroachment permits required pursuant to Article VI of this Chapter. A permit fee, in an amount established by the Board of Commissioners shall be charged for the permit.. The required land development certificates of completion are: 1. Certificate of completion for the successful completion of the minor subdivision approval process pursuant to Section 38-102. 2. Certificate of completion for the respective successful completion each of the three steps of the major subdivision approval process pursuant to Section 38-103 3. Certificate of completion for the completion of a mobile home park pursuant to Article IV of this Chapter. (Ord. of 8-8-1997, ch. VIII, art. I, § 8.102) (Res. of 12-29-2000, § 3) (Res. of 8-8-2006, § 2) (Ord. of 5-22-2025, § 1 (Exh. Sec. 38-5. - Violations and penalties. Violation. The term “violation” means: 1. The performing of an act that is prohibited by any provision of this Chapter; or 2. The failing to perform an act that is required to be performed by any provision of this Chapter, including, but not limited to, the failure to obtain Page 23 of 209 ---PAGE BREAK--- the land development permits and land development certificates of completion required by Section 38-4. Person committing a violation. The term, “person committing a violation”, means a person committing a violation of this Chapter. Person. The term, “person”, means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. Penalties and punishment for a violation. 1. A violation of any of the provisions of this Chapter shall be punishable pursuant to Chapter 1 of the Code and pursuant to this Section by a fine not exceeding $1,000.00 or sixty (60) days imprisonment, or both, except as otherwise prohibited by or as otherwise provided for by Georgia law. 2. Subsection (d)1 shall not preclude the imposition of higher penalties that are authorized to be imposed by Georgia law. Accordingly, pursuant to O.C.G.A. § 12-7-15, any person who violates any provision of this Chapter concerning soil erosion and sedimentation land development mandates or standards shall be subject to a civil penalty not to exceed $2,500 per day. Continuing violations over an extended period of time. 1. Each day that any violation of any provision of this Chapter, including violations resulting in civil penalties pursuant to O.C.G.A. § 12-7-15 and Subsection (d)1 of this Section, continues in sequence or occurs on separate nonsequential days shall constitute a separate violation and each and every separate violation may accordingly be subjected to separate respective fines and/or imprisonment. 2. Unless barred by limitations imposed by Georgia law, there shall be no limit to the quantity of separate daily violations that can accumulate and be made by citation or by accusation in a given situation. Page 24 of 209 ---PAGE BREAK--- 3. The date of the first violation or of any subsequent violation subject to enforcement that occurs in any sequence of additional separate daily violations shall be deemed to be the earliest identifiable day on which the activity giving rise to the violation, and shall be established on the basis of one or more applicable and sufficiently viable: a. Documents b. Written or transcribed complaints c. Written or transcribed witness statements d. Recorded images e. Voice recordings Violations by officers, agents and other associated individuals. 1. Any violation of this Chapter by any officer, agent or other associated individual acting for or employed by any corporation or unincorporated association or organization, while acting within the scope of his or her office or employment, shall in every case also be deemed to be a violation by such corporation, association, or organization. 2. Any officer, agent or other associated individual acting for or employed by any corporation or unincorporated association, or organization shall be subject and liable to punishment as well as the corporation or unincorporated association, or organization for the violation by it of any provision of this Chapter, where such violation was the act, omission or order, or the result of the act, omission or order, of any such officer, agent, or other associated individual. Separate offenses for multiple persons involved in a violation. Each person who commits, participates in, or assists in the commission of any violation of any provision of this Chapter may be found guilty of a separate offense related to that violation and may suffer the penalties provided herein for Page 25 of 209 ---PAGE BREAK--- committing that violation, however, not more than one person may be subjected to penalties and punishment for any single violation. No bar to revocation or suspension. 1. Any imposition of a fine and/or imprisonment pursuant to any provision of this Chapter shall not prevent the revocation or the suspension of any license, permit, certificate or franchise issued by an authorized county employee. 2. Any imposition of a fine and/or imprisonment pursuant to any other provision of this Chapter likewise shall not affect the issuance or continuation of any administrative order issued by any authorized county employee, including but not limited to, any stop-work order. Future amendments. The penalty provided by this Section shall apply to the future amendment of any section of this Chapter, whether or not such penalty is reenacted in the amendatory ordinance. Conflict with federal or Georgia law. If it is deemed by an applicable court of competent jurisdiction that a punishment imposed under this Chapter conflicts with federal or Georgia law, the prevailing punishment shall be limited to the maximum permitted by law. (Ord. of 5-22-2025, § 1 (Exh. Sec. 38-6. – Prosecution of violations. The prosecution for violations of this Chapter shall be upon citation by an authorized county employee or upon accusation by the county attorney or upon accusation by such other attorney as the Board of Commissioners may designate. The county attorney or a designated attorney shall be the prosecuting attorney in cases tried upon accusation. Page 26 of 209 ---PAGE BREAK--- The Chairperson, within his or her discretion, in any particular situation, may provide that ordinance violations may be tried upon citation without a prosecuting attorney. (Ord. of 5-22-2025, § 1 (Exh. Sec. 38-7. – Jurisdiction and venue. Unless otherwise provided by Georgia law, the Pickens County Magistrate Court shall, in addition to any other court as may be by law provided, have jurisdiction and venue to hear any case of a violation of this Chapter. (Ord. of 5-22-2025, § 1 (Exh. Sec. 38-8. – Other available actions. Upon any violation of this Code, in addition to other remedies, the Chairperson of the Board of Commissioners may direct that any legally available injunction, mandamus, or other appropriate action or proceeding be sought in an applicable court of competent jurisdiction to prevent or stop any unlawful act, or to correct or abate such violation. (Ord. of 5-22-2025, § 1 (Exh. Sec. 38-9. – Variances from land development regulations. Generally. Any relevant party may make a request in writing for a variance from the land development regulations described in this Chapter to the Planning & Development Department. Variance requests concerning matters regarding the distances required between a building and the boundary lines of the property and vegetative buffers. 1. The Planning & Development Department shall have the authority to grant variances at the administrative level on matters regarding the distances required between a building and the boundary lines of the property and vegetative buffers. Page 27 of 209 ---PAGE BREAK--- 2. A denial of a variance request made under this Subsection may be appealed to the Board of Appeals. Variances not covered by subsection 1. The Planning & Development Department shall review variance requests not covered by Subsection and shall make a recommendation of approval or denial to the Board of Appeals. 2. The Board of Appeals shall have the authority to grant such a variance. (Ord. of 8-8-1997, ch. IX, art. I; Res. of 2-26-2009, § 1(Exh. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 5-22-2025, § 1 (Exh. Sec. 38-10. – Administrative appeals of decisions not involving code violations and resulting citations Any party disagreeing with any decision made by the Planning & Development Department that does not involve violations of the provisions of this Chapter and resulting citations may file an appeal with the Board of Appeals within thirty (30) days after the disputed decision. The appellant shall furnish to the Planning & Development Department a written notice of appeal specifying the judgment of the decision from which appeal is taken. The Board of Appeals shall render a decision on an appeal within sixty (60) days of the filing of the notice of appeal. (Ord. of 5-22-2025, § 1 (Exh. Sec. 38-11. - Legal appeals of decisions made by the board of appeals. Any party that wishes to dispute a decision made by the Board of Appeals pursuant to Section 38-9 or Section 38-10, shall have the right to appeal to an applicable court of competent jurisdiction. (Ord. of 5-22-2025, § 1 (Exh. Page 28 of 209 ---PAGE BREAK--- Sec. 38-12. – Severability. The articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Chapter are severable, and if any article, division, section, paragraph, sentence, clause, or phrase of this Chapter shall be declared unconstitutional, invalid or otherwise unenforceable by a valid judgment or decree of any court of competent jurisdiction, then such declaration of unconstitutionality, invalidity or unenforceability shall not affect any remaining articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Chapter because the remaining articles, divisions, sections, paragraphs, sentences, clauses and phrases would have been enacted by the Board of Commissioners without the incorporation of the unconstitutional, invalid or unenforceable article, division, section, paragraph, sentence, clause, or phrase. (Ord. of 5-22-2025, § 1 (Exh. Sec. 38-13. – Conflict. If any part of this Chapter is found to be in conflict with federal law or Georgia law, the most restrictive or highest standard shall prevail. If any part of this Chapter is found to be in conflict with any other provision of the Code, the most restrictive or highest standard shall prevail. (Ord. of 5-22-2025, § 1(Exh. Sec. 38-14. – Prohibition. Any part of this Chapter that is deemed to be explicitly prohibited by federal law or Georgia law shall not be enforced. (Ord. of 5-22-2025, § 1(Exh. Secs. 38-15—38-45. - Reserved. DIVISION 1. – INTENT, PURPOSE, APPLICABILITY AND DEFINITIONS. Sec. 38-1. – Intent. Page 29 of 209 ---PAGE BREAK--- The Board of Commissioners of Pickens County, Georgia (“Board of Commissioners”) hereby declares that the effective regulation of land development pursuant to relevant, suitable, and effective land development standards in the unincorporated areas of Pickens County (“Unincorporated Pickens County”) constitutes an essential element of the effective governing and policing thereof for the purpose of protecting and preserving public safety, health, welfare and quality of life therein. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-2. – Purpose. Through this Chapter 38 (“Chapter 38”) of the Code of Ordinances, Pickens County, Georgia (“Code”) as adopted and amended pursuant to O.C.G.A. § 36­ 1-20 for the purpose of governing and policing of the unincorporated areas of Pickens County, the Board of Commissioners desires to enable and ensure the most effective regulation possible of land development to achieve the objectives stated in Section 38-1 of this Division. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-3. – Applicability. Mandatory compliance within geographic scope of regulatory coverage. 1. This Chapter shall be applicable to the regulation of various land development activities that occur in Unincorporated Pickens County. 2. No land development shall be conducted in Unincorporated Pickens County unless done so in complete compliance with this Chapter. 3. All expenditures required to comply with any provision of this Chapter and/or with any determination, order or similar action taken by the Pickens County Government shall be the obligation of any applicable “responsible person(s)” and the Pickens County Government, its elected officials, officers, employees or agents shall not be responsible for such expenditures under any circumstances. Page 30 of 209 ---PAGE BREAK--- a. “Responsible person(s)” shall mean any person that constitutes an applicable owner, agent of an owner, or other person that is otherwise responsible for any activity or item subject to regulation pursuant to this Chapter. b. The term “person” means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. Prior completed land development activities. The regulatory standards set forth in this Chapter shall not be applicable to any particular item of noncompliant land development that was completed prior to the original adoption of this Chapter or prior to any subsequent amendment thereto that would have otherwise prohibited said particular item of noncompliant land development. Private agreements. This Chapter shall not be applicable to private agreements and the provisions herein shall not supersede, negate, impair or otherwise affect any valid deed restriction, covenant, easement or other private agreement to the extent that such private agreement is more restrictive than the applicable provisions of this Chapter and/or imposes a standard not addressed in this Chapter. 1. The Pickens County Government shall not enforce any such private agreement under any circumstances. 2. However, the provisions of this Chapter shall be applicable to situations in which such provisions impose more stringent land development restrictions than those imposed by any private agreement. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-4. – Required land development permits and land development certificates of completion. Land development permits and land development certificates of completion shall be utilized to effectuate the administration and enforcement of the applicable provisions of this Chapter. Page 31 of 209 ---PAGE BREAK--- The required land development permits are land-disturbing permits required pursuant to Article X of this Chapter. The required land development certificates of completion are: 1. Certificates of completion for the successful completion of the minor subdivision approval process pursuant to Section 38-111 of Article III of this Chapter. 2. Certificates of completion for the respective successful completion of the major subdivision approval process pursuant to Section 38-112 of Article III of this Chapter. 3. Certificates of completion for the completion of a mobile home park pursuant to Article IV of this Chapter. (Ord. of 8-8-1997, Ch. VIII, art. I, § 8.102), (Res. of 12-29-2000, § (Res. of 8-8­ 2006, § (Ord. of 5-22-2025, § 1 (Exh. Sec. 38-5. – Definitions. The definitions of various words and phrases that are utilized in this Chapter are set forth in the applicable substantive provisions of the various articles of this Chapter and/or in Article XII, “Glossary of Terms”. Should the definition of a particular word or phrase be set forth in both Article XII and in any other article of this Chapter and should there be conflict or ambiguity between the respective definitions, the definition provided in the other article shall prevail over the definition provided in Article XII. Any word or phrase used in this Chapter which is not defined in conjunction with Subsection of this Section shall have its customary dictionary definition when such meaning is consistent with the context of usage in this Chapter. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-6. – No preclusion of more stringent regulatory requirements. Page 32 of 209 ---PAGE BREAK--- No provision of this Chapter shall preclude the imposition of a more stringent regulatory requirement applicable to any particular action or item that is imposed in any other chapter of this Code. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-7 38-10. - Reserved. DIVISION 2. – LEGAL STATUS PROVISIONS. Sec. 38-11. Governing law. The administration and enforcement of the provisions of this Chapter shall be strictly conducted pursuant to the standards provided by and within the limitations imposed by O.C.G.A. § 36-1-20. Such administration and enforcement shall also be conducted pursuant to the standards provided by and within the limitations imposed by any other applicable Georgia law or federal law. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-12. – Severability. The articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Chapter are severable, and if any article, division, section, paragraph, sentence, clause, or phrase of this Chapter shall be declared unconstitutional, invalid or otherwise unenforceable by a valid judgment or decree of any court of competent jurisdiction, then such declaration of unconstitutionality, invalidity or unenforceability shall not affect any remaining articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Chapter because the remaining articles, divisions, sections, paragraphs, sentences, clauses and phrases would have been enacted by the Board of Commissioners without the incorporation of the unconstitutional, invalid or unenforceable article, division, section, paragraph, sentence, clause, or phrase. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-13. – Conflict with federal and/or state law. Page 33 of 209 ---PAGE BREAK--- If any part of this Chapter is found to be in conflict with federal law and/or Georgia law, the higher or highest standard shall prevail. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-14. – Prohibition. Any part of this Chapter that is deemed to be explicitly prohibited by federal law or Georgia law shall not be enforced. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-15. – Liability. Compliance with the provisions of this Chapter shall not relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Pickens County Government, its elected officials, officers, employees or agents. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-16 38-20. - Reserved. DIVISION 3. – RESPONSIBILITIES FOR ADMINISTRATION. Sec. 38-21. – The Board of Commissioners. This Chapter shall be administered and enforced within the span-of-control of the Board of Commissioners. The Board of Commissioners shall have the power to act as is granted by Georgia law and as is provided in this Chapter and shall do so in the administration thereof pursuant to the applicable provisions set forth in the various articles comprising this Chapter. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-22. – The Board of Appeals. Page 34 of 209 ---PAGE BREAK--- The Board of Appeals shall have the power to act as is provided in Division 5 of this Article and shall do so in undertaking its mandated responsibilities. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-23. – The Pickens County Government. The Board of Commissioners hereby charges the Pickens County Government with the administration of this Chapter and the enforcement of its provisions and thereby with the activities concerning land development regulation in Unincorporated Pickens County. The Pickens County Government shall operate under the day-to-day direction of the Chairperson of the Board of Commissioners (“Chairperson”). The Chairperson shall have the power to act as is granted by Georgia law and as provided in this Chapter and shall do so in the administration thereof pursuant to the applicable provisions set forth in the various articles comprising this Chapter. Within the Pickens County Government, the day-to-day administration of this Chapter and the enforcement of its provisions shall be the authorized and designated responsibility of the Planning & Development Department, as led by the Director of Planning & Development, with that position reporting to the Chairperson or to the Chairperson’s designee. The Planning & Development Department, the Director of the Planning & Development Department, and any employees authorized by the Chairperson (“authorized county employees”) shall administer and enforce the provisions of the various articles comprising this Chapter on a day-to-day operational basis. The Planning & Development Department, the Director of Planning & Development and authorized county employees shall work with the Pickens County Marshal’s Office, as provided for in Article V of Chapter 2 of this Code, which functions under the direction of the Chief County Marshal, in the enforcement of the provisions of this Chapter. Page 35 of 209 ---PAGE BREAK--- When circumstances warrant, the Planning & Development Department, the Director of Planning & Development and authorized county employees shall also seek the advice, guidance, assistance, and/or involvement from colleague departments of the Pickens County Government, including, but not limited to, the Public Works Department, the Fire Marshal’s Office, the Fire & Rescue Service, and the Water Department. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-24 38-30. - Reserved. DIVISION 4. – ENFORCEMENT AGAINST VIOLATIONS. Sec. 38-31. - Applicability. This Division shall govern the administration of enforcement against and prosecution of violations of the provisions of this Chapter. Subject to any prohibitions and limitations that may be imposed by federal or Georgia law and subject to the provisions of Division 2 of this Article, the enforcement against violations of this Chapter shall be conducted in accordance with the provisions of this Division and with the provisions of Chapter 1 of this Code. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-32. - Violations. Violation. The term “violation” means: 1. The performing of an act that is prohibited by any provision of this Chapter. or 2. The failure to perform an act that is required to be performed by any provision of this Chapter. Page 36 of 209 ---PAGE BREAK--- Person committing a violation. The term “person committing a violation” means a person committing a violation of this Chapter. Person. The term “person” means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. Enforcement actions against violations. A violation of any provision of this Chapter may result in any or all of the following enforcement actions, which may be taken due to the violation against the person committing the violation: 1. Administrative actions as set forth in Section 38-33. 2. Penalties as set forth in Section 38-34. 3. Other available actions as set forth in Section 38-35. 4. The responsibility to bear the costs of becoming or being compliant as set forth in Section 38-36. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-33. – Administrative actions regarding violations. Cease-and-desist orders. 1. In order to prevent the continuance of any violation of the provisions of this Chapter, the Planning & Development Department may impose a cease-and-desist order on any person committing the violation, thereby compelling said person to take one or more of the following actions: a. Discontinue any prohibited development of land, buildings or structures. b. Remove or relocate any prohibited structures, buildings or other items. Page 37 of 209 ---PAGE BREAK--- c. Remove or relocate any prohibited additions, alterations or structural changes. d. Discontinue any prohibited work being done or any other prohibited actions being taken. e. Take any other action deemed necessary to effectuate compliance with the provisions of this Chapter. 2. Any cease-and-desist order shall state the conditions pursuant to which it may be removed. 3. A cease-and-desist order shall not preclude the performance of activities directed by the Planning & Development Department for the purpose of removing any violation or unsafe condition. Revocation of permits, certificates, and other approvals. 1. Any applicable permits, certificates or approvals may be revoked when it is determined that actions deemed to constitute violations were conducted during the application process for the purpose of obtaining such permit or approval, including, but not limited to, the making of false statements or the making of misrepresentations on written documents. 2. Any applicable permits, certificates or other approvals may be revoked when it is determined that actions deemed to constitute violations have been or are being conducted after the permit or approval has been obtained for the purpose of falsely alleging compliance with such permit’s or approval’s requirements, including, but not limited to, the making of false statements or the making of misrepresentations on written documents. Refusal to issue permits, certificates, and other approvals. The Planning & Development Department shall refuse to issue any permit, certificate or other approval that would otherwise be issued pursuant to any Page 38 of 209 ---PAGE BREAK--- applicable provision of this Code so long as the applicable person maintains a noncompliant status with this Chapter. No bar to other enforcement actions. The imposition of any cease-and-desist order pursuant to Subsection of this Section or of a revocation pursuant to Subsection of this Section shall in no manner bar, otherwise preclude or limit any of the other enforcement actions set forth in Section 38-32(d) of this Division. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-34. – Penalties for violations. Any violation of the provisions set forth in this Chapter shall be alternatively subject to penalties as specified herein and in Chapter 1 of this Code. Penalties may include a fine not to exceed $1,000.00 or imprisonment for up to sixty (60) days, or both, unless otherwise prohibited by Georgia law. Subsection of this Section shall not preclude the imposition of higher penalties that are authorized to be imposed by Georgia law. Accordingly, pursuant to O.C.G.A. § 12-7-15, any person who violates any provision of this Chapter concerning soil erosion and sedimentation land development mandates or standards shall be subject to a civil penalty not to exceed $2,500 per day. Continuing violations. 1. Each day that any violation of any provision of this Chapter continues in sequence or occurs on separate nonsequential days shall constitute a separate violation and each and every separate violation may accordingly be subjected to separate respective fines and/or imprisonment. 2. Unless barred by limitations imposed by Georgia law, there shall be no limit to the quantity of separate daily violations that can accumulate and be made by citation or by accusation in a given situation. Page 39 of 209 ---PAGE BREAK--- 3. The date of the first violation or of any subsequent violation subject to enforcement that occurs in any sequence of additional separate daily violations shall be deemed to be the earliest identifiable day on which the activity giving rise to the violation, and shall be established on the basis of one or more applicable and sufficiently viable: a. Documents. b. Written or transcribed complaints. c. Written or transcribed witness statements. d. Recorded images. e. Voice recordings. Violations by officers, agents and other associated individuals. 1. Any violation of this Chapter by any officer, agent or other associated individual acting for or employed by any corporation or unincorporated association or organization, while acting within the scope of his or her office or employment, shall in every case also be deemed to be a violation by such corporation, association, or organization. 2. Any officer, agent or other associated individual acting for or employed by any corporation or unincorporated association, or organization shall be subject and liable to punishment as well as the corporation or unincorporated association, or organization for the violation by it of any provision of this Chapter, where such violation was the act, omission or order, or the result of the act, omission or order, of any such officer, agent, or other associated individual. Separate offenses for multiple persons involved in a violation. 1. Each person who commits, participates in, or assists in the commission of any violation of any provision of this Chapter may be found guilty of a separate offense related to that violation and may suffer the penalties provided herein for committing that violation. Page 40 of 209 ---PAGE BREAK--- 2. However, not more than one person may be subjected to penalties and punishment for any single violation. No bar to other actions. Any imposition of a fine and/or imprisonment pursuant to this Subsection shall in no manner bar, otherwise preclude or limit any of the other enforcement actions set forth in Section 38-32(d) of this Division. Future amendments. The penalties provided by this Section shall apply to the future amendment of any section of this Chapter, whether or not such penalty and/or punishment is reenacted in the amendatory ordinance. Conflict with federal or Georgia law If it is deemed by an applicable court of competent jurisdiction that a punishment imposed under this Chapter conflicts with federal or Georgia law, the prevailing punishment shall be limited to the maximum permitted by law. Prosecution of violations. 1. The prosecution for violations of this Chapter shall be upon citation by an authorized county employee or upon accusation by the county attorney or upon accusation by such other attorney as the Board of Commissioners may designate. 2. The county attorney or a designated attorney shall be the prosecuting attorney in cases tried upon accusation. 3. The Chairperson, within his or her discretion, in any particular situation, may provide that ordinance violations may be tried upon citation without a prosecuting attorney. Jurisdiction and venue. Page 41 of 209 ---PAGE BREAK--- Unless otherwise provided by Georgia law, the Pickens County Magistrate Court shall, in addition to any other court of competent jurisdiction as may be by law provided, have jurisdiction and venue to hear any case of a violation of this Chapter. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-35. – Other available actions. Upon any violation of this Chapter, in addition to other remedies, the Chairperson may direct that any legally available injunction, mandamus, or other appropriate action or proceeding be sought in an applicable court of competent jurisdiction to prevent or stop any unlawful act, or to correct or abate such violation. The taking of any action pursuant to Subsection of this Section or of a revocation pursuant to Subsection of this Section shall in no manner bar, otherwise preclude or limit any of the other enforcement actions set forth in Section 38-32(d) of this Division. (Ord. of 5-22-2025, § 1 (Exh. Sec. 38-36. – Responsibility for bearing the costs of expenditures necessary for compliance. All expenditures required to comply with any provision of this Chapter and/or with any determination, order or similar action taken by the Pickens County Government shall be the obligation of any applicable “responsible person(s)” and the Pickens County Government, its elected officials, officers, employees or agents shall not be responsible for such expenditures under any circumstances. The term “responsible person(s)” shall mean any person that constitutes an applicable owner, agent of an owner or other person that is otherwise responsible for any activity or item subject to regulation pursuant to this Chapter. Page 42 of 209 ---PAGE BREAK--- The term “person” for purposes of this Section shall mean any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. Requiring any responsible person to incur the cost of complying with any provision of this Chapter shall in no manner bar, otherwise preclude or limit any of the other enforcement actions set forth in Section 38-32(d) of this Division. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-37 38-40. - Reserved. DIVISION 5. – VARIANCES AND APPEALS. Sec. 38-41. – Variances from the application of land development regulations. Generally. Any relevant party may make a request in writing for a variance from the land development regulations described in this Chapter to the Planning & Development Department. Variance requests concerning matters regarding the distances required between a building and the boundary lines of the property and vegetative buffers. 1. The Planning & Development Department shall have the authority to grant variances at the administrative level on matters regarding the distances required between a building and the boundary lines of the property and vegetative buffers. 2. A denial of a variance request made under this Subsection may be appealed to the Board of Appeals. Variances not covered by subsection 1. The Planning & Development Department shall review variance requests not covered by Subsection and shall make a recommendation of approval or denial to the Board of Appeals. Page 43 of 209 ---PAGE BREAK--- 2. The Board of Appeals shall have the authority to grant such a variance. Procedures for actions taken by the Board of Appeals. 1. Regarding the actions taken by the Board of Appeals pursuant to this Section, said board is hereby tasked with deciding such matters following a proper application filed with the Planning & Development Department, any payment of required fees, the conducting of a public hearing, and the adoption of relevant findings of fact. 2. A public hearing shall be conducted by the Board of Appeals to consider any variance request made pursuant to Subsection of this Section or any appeal of a denial of a variance request pursuant to Subsection 3. At least thirty (30) days prior to the date set for the hearing, a written notice shall be published in a newspaper of general circulation in Pickens County setting forth the time, place, and purpose of the hearing. 4. At least thirty (30) days prior to the date set for the hearing, a written notice shall be sent by the Planning & Development Department to the applicant or appellant. 5. The Planning & Development Department shall post, in a conspicuous place on the subject property, a sign or signs which shall contain information as to the date, time, location, and purpose of the hearing at least fifteen (15) days before the hearing. 6. The Board of Appeals shall make findings and render a decision in writing within thirty-two (32) days after the public hearing on the proposed variance or appeal and shall notify the applicant, in writing, of its decision within. (Ord. of 8-8-1997, Ch. IX, art. I; Res. of 2-26-2009, § 1(Exh. (Ord. of 5-22­ 2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-42. – Administrative appeals of decisions not involving code violations and resulting citations. Page 44 of 209 ---PAGE BREAK--- Any party disagreeing with any decision made by the Planning & Development Department that does not involve violations of the provisions of this Chapter and resulting citations may file an appeal with the Board of Appeals within thirty (30) days after the disputed decision. The appellant shall furnish to the Planning & Development Department a written notice of appeal specifying the judgment of the decision from which appeal is taken. The Board of Appeals shall render a decision on an appeal within sixty (60) days of the filing of the notice of appeal. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-43. – Appeals of decisions of the board of appeals. Any party that desires to dispute a decision made by the Board of Appeals regarding any matter governed by this Chapter shall have the right to appeal to an applicable court of competent jurisdiction. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-44 38-45. - Reserved. II. AMENDMENT OF ARTICLE III [SUBDIVISIONS] OF CHAPTER 38 [LAND DEVELOPMENT STANDARDS] That the Code of Ordinances, Pickens County, Georgia is hereby amended by amending Article III [SUBDIVISIONS] of Chapter 38 [LAND DEVELOPMENT STANDARDS] in its entirety as follows: ARTICLE III. – SUBDIVISIONS. Footnotes: Cross reference— Any ordinance dedicating or accepting any subdivision plat saved from repeal, § 1-6(11). Page 45 of 209 ---PAGE BREAK--- DIVISION 1. - GENERALLY Secs. 38-81—38-100. - Reserved. DIVISION 2. - APPROVAL PROCESS Sec. 38-101. - Definition; compliance; submission; approval. A subdivision is defined in section 38-1 as the division of a single parcel of land into two or more parcels. All future subdivisions of land in the county shall comply with the applicable provisions of this chapter. The subdivision approval process and submission requirements vary with the magnitude of the subdivision. All minor subdivisions shall be submitted to and approved by the county development officer as provided for in section 38-102. All major subdivisions of land shall be submitted to the county development officer for review and approval as outlined in section 38­ 103. All plats shall be submitted to and approved by the county development officer before they can be recorded in the county clerk's office. Any subdivision of a tract into two or more parcels, with a subsequent subdivision of one or more of said parcels within a twelve month period may be presumed to be the creation of a subdivision and, if so, shall comply with subdivision standards. Variances may be granted where division of property is due to inheritance or additional residences for immediate family. (Ord. of 8-8-1997, ch. III, art. I; Res. of 8-6-1999, § 6) Cross reference— Definitions generally, § 1-2. Sec. 38-102. - Minor subdivision approval process. All minor subdivisions of land in the county shall be submitted to the county development officer for review and approval. The subdivision of one tract into two tracts does not require the preparation of a plat. All minor subdivisions which contain three or more tracts shall submit a final plat which complies with the provisions outlined in section 38-152. The county development officer shall review the proposed subdivision for compliance with this chapter. Any variance from the standards in this chapter, including only one division of original property, must be approved by the county development office. Page 46 of 209 ---PAGE BREAK--- (Ord. of 8-8-1997, ch. III, art. I, § 3.100) Sec. 38-103. - Major subdivision approval process. All major subdivision proposals shall be submitted to the county development officer for review and approval. The major subdivision approval process is a three- step process. The process is designed to provide a logical sequence of reviews and events in the subdivision development process. The major subdivision review process shall be as follows: 1. Preliminary plat. The process begins with the preparation of a preliminary plat by a surveyor or engineer who is licensed in the state. The preliminary plat shall contain the information outlined in section 38-127 of this chapter and be reviewed and approved as outlined in section 38-128. 2. Construction of improvements. The second step in the subdivision process shall be the construction of the necessary improvements to the subdivision (i.e. streets, lot corner stakes, drainage, water system, on-site wastewater treatment and disposal facilities, if applicable). The improvements shall closely approximate the plan approved on the preliminary plat. 3. Final plat. Upon the completion of the necessary improvements, or following the provisions contained in section 38-301 et seq. of this chapter, the developer shall prepare a final plat which will serve as an "as built" drawing for the subdivision. The final plat shall contain the information outlined in section 38-152 of this chapter and be reviewed and approved as outlined in section 38-153. Upon obtaining approval of the final plat, the developer shall be authorized to record the plat in the county office of the clerk of superior court. No property shall be sold prior to final plat approval. The developer may chose to exercise the provisions of section 38-301 et seq. of this chapter in the second step of the review process. (Ord. of 8-8-1997, ch. III, art. I, § 3.101; Res. of 8-8-2006, § 2) Page 47 of 209 ---PAGE BREAK--- Secs. 38-104—38-125. - Reserved. DIVISION 3. - PRELIMINARY PLAT STANDARDS AND REVIEW PROCESS Sec. 38-126. - Purpose. The purpose of the preliminary plat is to provide the county development officer, the county health department and other reviewing parties an opportunity to review the proposed subdivision for street design standards, utility easements, flood hazard potential, adequacy of the lot size for septic tank use, soil erosion control measures and the adequacy of a potable water supply. (Ord. of 8-8-1997, ch. III, art. II) Sec. 38-127. - Information required on the preliminary plat. The following information is required for preliminary plat review: 1. The proposed layout of lots, streets and utilities shall be shown on a drawing at a scale of 1″=200′ and shall show acreage of lots. 2. The drawing shall contain a graphic scale, north arrow, date, acreage to be subdivided, and the owner/developer's name, address, and telephone number. 3. A location sketch map shall be provided which shows the location of the site in relation to existing public roads, streams, power transmission lines, etc. 4. Topography shall be shown at vertical intervals of not more than ten feet and notation of highest and lowest elevations in subdivision. 5. The names of adjoining property owners shall be shown in relation to the proposed development. 6. The plat shall contain the proposed name of the development and streets and a statement as to whether the streets are proposed as public or private with the percent of grade of the steepest roadway noted. 7. The boundary of any flood hazard areas. Page 48 of 209 ---PAGE BREAK--- 8. An approved plan to control erosion on the site and a detailed drainage plan, including drainage easements. 9. Certificates as outlined in section 38-129. 10. All rights-of-way showing widths of at least 60 feet. 11. A detailed access plan to enter county right-of-way. 12. All parcels under three acres must submit soil classification data with application. 13. All permits and covenants and restrictions which will apply to the property. 14. The preliminary plat shall be accompanied by an impact information statement, completed on forms provided by the land development office, with all sections therein completed by applicant. 15. If the subdivision is to be completed in phases, the preliminary plat must be accompanied by a master plan depicting future lots and streets. 16. A storm water discharge plan for the project. 17. Certification that developer has held a pre-construction meeting of all utility providers and that a construction schedule has been agreed to by all involved utility companies. 18. Certification and copy of a fire flow test performed by a certified PE Engineer of Georgia. (Ord. of 8-8-1997, ch. III, art. II, § 3.200; Res. of 8-6-1999, § 6) Sec. 38-128. - Preliminary plat review process. a. The developer shall submit 12 copies of the preliminary plat to the county development office. The development officer shall keep two copies of his review and distribute the other copies to: 1. County sanitarian; 2. County commissioner's office; Page 49 of 209 ---PAGE BREAK--- 3. County highway department; 4. Limestone Valley Soil Conservation Service; 5. Planning staff; 6. Electric utility; 7. Telephone company; 8. Water authority, if applicable; 9. Pickens County Fire Department; and 10. Pickens County 911 Department. b. The preliminary plat review process shall be undertaken as expediently as possible, criteria for approval dependent upon requirements set forth herein and upon responses to the required impact statements from all involved public departments and authorities as listed in subsection above as well as the Pickens County School Board or its designee, and any other public agency, including, but not limited to, state and/or federal agencies having jurisdiction over water system, watershed and wetlands. c. The preliminary plat approval shall be valid for one year from the date of approval. If substantial work has not been done on the development within this time period, the preliminary plat approval shall be null and void. (Ord. of 8-8-1997, ch. III, art. II, § 3.201; Res. of 8-6-1999, § 6; Res. of 2-26-2009, § 1(Exh. Sec. 38-129. - Preliminary plat certificates. The following certificates shall be placed [on the preliminary plat], or a cover sheet to the preliminary plat, and be signed by the appropriate authorities prior to submission of the preliminary plat to the county development officer for approval: Preliminary Survey and Design Certificate Page 50 of 209 ---PAGE BREAK--- I hereby certify that this preliminary plat correctly represents data compiled or verified through a survey completed by me or under my direct supervision. I further certify that the design of the proposed streets, lots and other improvements comply with the minimum design standards of the Pickens County Subdivision Standards. Registered Civil Engineer or Land Surveyor License Name, address and telephone number: UNPOPULATED TABLE Tentative Approval for Private Subsurface Sewage Disposal I hereby certify that the lots proposed hereon are generally suitable for subsurface sewage disposal with the listed and/or attached restrictions. This certificate does not constitute final approval of the sewage disposal system for this subdivision. Pickens County Health Department Representative:___________ Preliminary Plat Approval I hereby certify that the preliminary subdivision plat shown hereon has been properly reviewed and approved. The developer is hereby authorized to begin the physical development of the subdivision per this approved plan. Pickens County Development Developers Agreement Page 51 of 209 ---PAGE BREAK--- I hereby certify that I have met or will meet the requirements found in the Pickens County Land Development Standards. Owner or legal (Ord. of 8-8-1997, ch. III, art. II, § 3.202; Res. of 8-6-1999, § 6; Res. of 2-26-2009, § 1(Exh. Secs. 38-130—38-150. - Reserved. DIVISION 4. - FINAL PLAT STANDARDS AND REVIEW PROCESS Sec. 38-151. - Purpose. The purpose of the final plat is to provide an "as built" drawing which accurately reflects the size and layout of lots, streets, water system, easements, and other important information which is necessary for the public record. The approval of the final plat by the county development officer certifies to the developer that all of the provisions of the county subdivision standards have been met and the plat is approved for recording in the county office of the clerk of superior court. (Ord. of 8-8-1997, ch. III, art. III) Sec. 38-152. - Information required on the final plat. The following information is required for final plat review: 1. The final plat shall be drawn in permanent ink on reproducible material at a scale of 1″=100′. The sheet size shall not exceed 17″ × 20″. If more than one sheet is necessary to show the area the sheets shall be edge matched. 2. The plat shall contain sufficient data to enable a surveyor or engineer to duplicate the plat on the ground. 3. The plat shall show: a. Name of subdivision; b. Location map; Page 52 of 209 ---PAGE BREAK--- c. Graphic scale, north arrow, date; d. Total number of acres being subdivided; e. Location and description of monuments and lot numbers, lot lines by bearings and distances, and lot size in square feet; f. Name of streets and a designation as to whether they are public or private; g. Total length of streets in the subdivision by street class (public or private); h. Designation of any flood hazard areas; i. Certifications in section 38-153 which are applicable; j. A statement as to who is responsible for the maintenance of the private roads, if applicable; k. A statement that no lot can be resubdivided without written permission from the county land development office and the county commissioner; l. All drainage details; m. Required right-of-way on streets; n. Existing access to public right-of-way; o. All disclaimers or covenants; and p. A statement of compliance that construction improvements are in place; q. 911 address for each lot; r. Description of any and all utility easements; s. Certification by the Pickens County Fire Chief that fire hydrants are functional (Ord. of 8-8-1997, ch. III, art. III, § 3.300; Res. of 8-6-1999, § 6; Res. of 2-26-2009, § 1(Exh. Page 53 of 209 ---PAGE BREAK--- Sec. 38-153. - Final plat review process. a. The developer shall submit ten copies of the final plat to the county development office. The development officer shall distribute the copies as appropriate. Along with copies of the final plat, the developer shall provide the development office with all deed work applicable, blanket easements, covenants and restrictions. It shall be the responsibility of the developer to obtain the appropriate signatures on the applicable certificates. These signatures must be obtained before the county development officer can grant final plat approval to the development. b. The county development officer shall review and take action on the final plat within 20-working days of the developer notifying the county development office that all of the applicable signatures have been secured for the required certificates. Failure of the county development office to take action within this time period shall not constitute approval of the final plat if the developer is in noncompliance with any of the land development standards. c. No lot can be sold until the final plat is approved and recorded. (Ord. of 8-8-1997, ch. III, art. III, § 3.301; Res. of 2-26-2009, § 1(Exh. Sec. 38-154. - Final plat certificates. The following applicable certificates shall be placed on the final plat, or a cover sheet to the final plat, and be signed by the appropriate authorities prior to submission of the final plat to the county development officer for approval: Final Engineering Certificate I hereby certify that this plat is true and correct and contains sufficient engineering information to permit the plat to be duplicated on the ground. All monuments shown hereon actually exist and their location, size and type are correctly shown. I further certify that no grades on streets exceed sixteen (16) percent and that sight distance requirements are in compliance. I further certify that all engineering requirements of the Pickens County Subdivision Standards have been complied with. Page 54 of 209 ---PAGE BREAK--- Registered Civil Engineer or Land Surveyor License Number: Name, address and telephone number: UNPOPULATED TABLE Certificate of Approval of Property Owners Association I hereby certify that I have reviewed the legal document creating the property owners association for (name of development) and I have found that the association is legally constituted and that the covenants, conditions and restrictions incorporated in the association are sufficient to ensure the continued maintenance of the commonly owned property and improvements in (name of development). Pickens County Attorney:___________ Certificate of Approval for Private Subsurface Sewage Disposal I hereby certify that each lot shown hereon, unless otherwise noted, is suitable for subsurface sewage disposal. Before the initiation of construction, plans for the location of the house or other structures and the sewage disposal system shall be submitted to, and approved by, the Pickens County Health Department. Pickens County Health Department Representative:___________ Certificate of Approval of Streets and Drainage I hereby certify that all streets and drainage structures shown on this final plat have been installed in an acceptable manner and conform to the Pickens County Subdivision Standards. I further certify that ownership and maintenance of the streets designated on the plat as private streets are outlined in the attached legal document of the property owners association. Page 55 of 209 ---PAGE BREAK--- Pickens County Commissioner:___________ Certificate of Approval of Water System The central water system in the (name of subdivision) is a (private system/public system) which has been approved by the Georgia Department of Natural Resources, Environmental Protection Division and has been accepted by the (name of public utility) or if private, a copy of the property owners association legal document guaranteeing the operation and maintenance of the system is attached. Utility System Engineer or Private System Engineer:___________ Final Certificate I hereby certify that this plat is true and correct and contains sufficient information to permit the plat to be duplicated on the ground. All monuments shown hereon actually exist and their location, size, and type are correctly shown. I further certify that no grades on streets exceed sixteen (16) percent and that sight distance requirements have been met. I further certify that all requirements of the Pickens County Subdivision Standards have been met. Certificate of Developer I hereby certify that all requirements of the Pickens County Land Development Standards have been met. Developer Final Plat Approval I hereby certify that the final subdivision plat shown hereon has been properly reviewed and approved as evidenced by the signed certificates. I hereby certify that all of the requirements of the Pickens County Subdivision Standards have Page 56 of 209 ---PAGE BREAK--- been met and the plat is hereby approved for recording in the Office of the Clerk of Superior Court in Pickens County. Pickens County Development Certificate of Easements All utilities, rights-of-way and all access both private and public have been verified, signed, and recorded in the correct name. Developer:___________ (Ord. of 8-8-1997, ch. III, art. III, § 3.302; Res. of 12-29-2000, § 3; Res. of 2-26-2009, § 1(Exh. Secs. 38-155—38-175. - Reserved. DIVISION 5. - GENERAL PRINCIPLES OF DESIGN Sec. 38-176. - Suitability of the area proposed for subdividing. Land which the county development office find to be excessively steep (greater than 25 percent), subject to flooding, poor drainage or having adverse geologic conditions present, shall not be subdivided unless the developer through the use of engineering reports demonstrates that the measures he proposes to undertake will mitigate the adverse natural features and will not endanger the health, safety or general welfare of the inhabitants of the land and surrounding areas and meet or exceed all Georgia laws and regulations for mountain protection. (Ord. of 8-8-1997, ch. III, art. IV, § 3.400) Sec. 38-177. - Conformance to other rules and regulations. In addition to the minimum standards outlined in this chapter, all proposed subdivisions shall comply with all applicable local and state resolutions and Page 57 of 209 ---PAGE BREAK--- statutes. The county development officer will withhold approval of any subdivision which is known to be in conflict with any known regulations. (Ord. of 8-8-1997, ch. III, art. IV, § 3.401) Sec. 38-178. - Restrictive covenants. Restrictive covenants for the subdivision shall be submitted along with the preliminary plat and shall upon approval be recorded on a separate form along with the final plat. (Ord. of 8-8-1997, ch. III, art. IV, § 3.402) Sec. 38-179. - Name of subdivision. The name of the subdivision shall be at the discretion of the subdivider so long as the name does not closely approximate the name of a previously platted subdivision in the county. (Ord. of 8-8-1997, ch. III, art. IV, § 3.403) Sec. 38-180. - Streets. The streets in a subdivision may be either public or private. 1. All proposed public streets shall be contiguous to the existing public streets and meet the public street standards which are outlined in section 38-206 et seq. of this chapter. 2. Streets proposed as private streets shall meet the private street standards as outlined in division 6 of this article. All streets which are proposed as private streets shall comply with the ownership and maintenance provisions outlined in section 38-351 of this chapter and be so noted on the final plat. 3. Subdivisions having less than three acre lots must construct rollback or L- back curbing in order to contain water runoff; said rollback or L-curbing designed to channel storm runoff to drainage structures, underground culverts, and to provide adequate discharge of storm waters; all structures to meet Georgia Department of Transportation Standards. Page 58 of 209 ---PAGE BREAK--- (Ord. of 8-8-1997, ch. III, art. IV, § 3.404; Res. of 8-6-1999, § 6) Sec. 38-181. - Lots. All residential lots which shall hereafter be established in the county shall comply with the following lot design standards: 1. City limits and lot lines. Lots created after the adoption of the ordinance from which this chapter derived shall not be divided by corporate boundary lines. 2. Lot lines. Insofar as practical, side lot lines shall be at right angles to street lines and radial to curved street lines. 3. Corner lots. Corner lots shall be sufficiently large to permit the location of buildings so as to conform to the building setback lines from both streets. 4. Double frontage. Double frontage lots lots having street frontage both in front and rear) shall be avoided except where essential to provide separation of residential development from railroad or major street rights-of-way or where necessary due to topography. Where a railroad or major arterial right-of-way, as shown on the major thoroughfare plan, abuts or runs through any portion of the subdivision, the subdivision plan shall provide for either a marginal access or lots backing onto such right-of-way having a minimum depth of 200 feet. 5. Building lines. Residential building setback lines shall be at least 55 feet from the centerline of the street or road. A corner lot shall meet the setback requirements of both streets. The building shall be setback from the side and rear lot lines a minimum of 15 feet. Violations of setback lines shall be subject to fines as set forth in section 38-9 and/or be subject to removal of that portion of the structure which is in violation of the setback distance. 6. Lot width. The minimum lot width for residential use at the building setback line shall be as follows: Single-family Duplexes Page 59 of 209 ---PAGE BREAK--- 7. Panhandle or flag lots. "Panhandle" or "flag" lots, of required width and area will be allowed where terrain makes standard design or frontage impossible or impractical. Where such lots are allowed, the street frontage of each panhandle access shall not be less than 20 feet wide and the panhandle access shall be not more than 300 feet long. Not more than two such panhandle access points shall abut each other, and if so combined, the width of each panhandle may be reduced to not less than 15 feet. All such access points or combinations thereof shall be separated from each other by the frontage of a standard lot required under the other provisions of these standards. 8. Lot area. Subdivision lots shall have minimum lot sizes per single-family and two-family unit use, in square feet, as follows: a. With public water and private septic tank - - 43,560 sq. ft. (1.0 acre) b. Two family structure, or two separate structures - - 87,120 sq. ft. (2.0 acres) c. With private well or spring and private septic tank - - 65,340 sq. ft. (1.5 acres) d. Two family structure, or two separate structures - - 130,680 sq. ft. (3.0 acres) e. All subdivided lots located above 2,200 feet sea level - - 435,600 sq. ft. (10 acres) f. All subdivided lots below 2,200 feet sea level, but greater than 25% slope, for one family structure i. With public water, and private septic tank - - 65,340 sq. ft. (1.5 acres) with a minimum 150' lot width ii. With private septic tank, and private well/spring - - 108,900 sq. ft. (2.5 acres) with a minimum 150' lot width iii. With public water and on-site wastewater treatment and disposal facilities - - 65,340 sq. ft. (1.5 acres) g. With public water and on-site wastewater treatment and disposal facilities - ­ 43,560 sq. ft. (1.0 acre) Page 60 of 209 ---PAGE BREAK--- 9. Street access. Every lot created after the adoption of the ordinance from which this chapter derived shall have access by one of the following means: a. Have direct access to and from a county maintained road or state or federal highway. b. Have direct access to and from a private road meeting the private road standards set forth in section 38-206 et seq. of this chapter together with an agreement from the owner of said private road permitting the access. 10. Lot depth. Residential lot depth shall not be less than 120 feet or more than four times the lot width at the building setback line. (Ord. of 8-8-1997, ch. III, art. IV, § 3.405; Res. of 8-6-1999, § 6; Res. of 12-29-2000, § 3; Res. of 5-25-2001, § 1; Res. of 3-20-2004; Res. of 8-8-2006, § 2; Res. of 1-26-2007, § 1; Res. of 2-26-2009, § 1(Exh. Sec. 38-182. - Easements. Easements may be required in subdivisions for the following purposes: 1. Utility easements. When it is found to be necessary and desirable to locate public utility lines in other than the street rights-of-way, easements shall be shown on the plat for such purposes. Such easements shall not be less than 30 feet in width and where possible, shall be centered on rear or side lot lines. 2. Drainage easements. Where a proposed subdivision is traversed by a watercourse, drainageway, or stream, appropriate provisions shall be made to accommodate stormwater and drainage through and from the proposed subdivision. Such easement shall conform substantially with the lines of such watercourse and be of sufficient width or construction, or both, as to be adequate for the purpose. (Ord. of 8-8-1997, ch. III, art. IV, § 3.406) Page 61 of 209 ---PAGE BREAK--- Secs. 38-183—38-189. - Reserved. DIVISION 5.1. - CONSERVATION SUBDIVISION Sec. 38-190. - Purpose. It is the purpose of this section to enable developers to assist Pickens County in achieving the goals of Pickens County Joint Comprehensive Plan and Green Space Plan by providing flexibility in ensuring preservation of open space within a master- planned residential development. A conservation subdivision design preserves open space while maintaining the pro-rated density of residential units for the overall site area. Neutral density is achieved by allowing smaller individual owned residential lots in neighborhoods that are surrounded by aesthetically and ecologically important areas. The goal of the design process is to identify and set aside conservation open space areas prior to the delineation of transportation and residential pod layouts. Open space areas include wetlands, river buffer zones, woodlands, playing fields, and meadows, depending on the resources of the land. 1. The intent of the conservation subdivision regulations is to: a. Preserve significant areas of land for ecological, recreational, and agricultural purposes in perpetuity; b. Encourage more efficient development of land consistent with public health, safety, and general welfare; c. Afford greater flexibility of design and placement of buildings and structures; d. Preserve and protect exceptional terrain, natural beauty, or sites of historic interest from inconsequential placement of homes, roadways, utilities and appurtenances; e. Preserve all the streams and tributaries in Pickens County as natural resources; f. Prevent flooding, erosion, and water pollution, and protect the quality and quantity of drinking water; Page 62 of 209 ---PAGE BREAK--- g. Preserve wetlands, aquifers, topographical or soil features, marine and wildlife habitat; and other features having conservation values, including views, vistas, and indigenous vegetation; h. Promote a less sprawling form of development. (Res. of 1-22-2004, § 1) Sec. 38-191. - Procedure. Conservation subdivisions are allowed as a permitted right in accordance with the requirements set forth in this division, 5.1, of the Pickens County Subdivision Regulation. Also, the conservation subdivision regulation is a floating zone, which is allowed within residential zoning districts in the presence of any land management regulations for Pickens County. (Res. of 1-22-2004, § 1) Sec. 38-192. - Housing density determination. The number of lots created shall be density neutral. Density neutral is defined as maintaining the number of lots so as not to exceed the number that can be created with the conventional minimum area and width as established in Pickens County Subdivision Regulations and any land management regulations. 1. Number of lots. The maximum number of lots in the conservation subdivision shall be determined by either of the following two methods, at the discretion of the applicant: a. Calculation: The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size as determined by the Pickens County Environmental Health Department (if septic is needed) or land management regulations for Pickens County for a conventional subdivision design plan. In making this calculation, the following shall not be included in the total area of the parcel: 1. Slopes over 25 percent of at least 5000 square feet contiguous area. 2. The 100-year floodplain. Page 63 of 209 ---PAGE BREAK--- 3. Bodies of open water over 5000 square feet contiguous area. 4. Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act. 5. Roads and rights-of-way necessary for the effective movement of vehicles. b. Yield plan: The maximum number of lots is based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible. The plan or plat does not have to meet formal requirements for a site design plan or plat, but the design must be capable of being constructed given site features and all applicable regulations. (Res. of 1-22-2004, § 1; Res. of 2-26-2009, § 1(Exh. Sec. 38-193. - Open space. a. Definition. Open space is the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of an approved legal instrument (see sections 38-193(f) and 38-193(g)). b. Standards to determine open space. 1. The minimum restricted open space shall comprise at least 40 percent of the gross tract area. 2. The following are considered primary conservation areas and are required to be included within the open space, unless the applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this chapter: a. The 100-year floodplain; b. Riparian zones of at least 75 feet width along all perennial and intermittent stream c. Slopes above 25 percent of at least 5000 square feet contiguous area; Page 64 of 209 ---PAGE BREAK--- d. Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act; e. Populations of endangered or threatened species, or habitat for such species; and f. Archaeological sites, cemeteries and burial grounds. 3. The following are considered secondary conservation areas and should be included within the open space to the maximum extent feasible: a. Important historic sites; b. Existing healthy, native forests of at least one-acre contiguous area; c. Individual existing healthy trees greater than eight inches caliper, as measured from a distance of five feet from ground level; d. Other significant natural features and scenic vistas such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads; e. Prime agricultural lands of at least five acres contiguous area; and f. Existing trails that connect the tract to neighboring areas. 4. Above-ground utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 40 percent minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the open space. 5. At least 25 percent of the open space shall consist of land that is suitable for building. 6. At least 75 percent of the open space shall be in a contiguous tract. The open space shall adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space. Page 65 of 209 ---PAGE BREAK--- 7. The open space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the open space. c. Permitted uses of open space. Uses of open space may include the following: 1. Conservation of natural, archeological or historical resources; 2. Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas; 3. Walking or bicycle trails, provided they are constructed of porous paving materials; 4. Passive recreation areas, such as open fields; 5. Active recreation areas, provided that they are limited to no more than ten percent of the total open space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space; 6. Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas; 7. Landscaped stormwater management facilities, community wastewater disposal systems and individual wastewater disposal systems located on soils particularly suited to such uses. Such facilities shall be located outside of primary conservation areas; 8. Easements for drainage, access, and underground utility lines; or 9. Other conservation-oriented uses compatible with the purposes of this article. d. Prohibited uses of open space. 1. Golf courses; Page 66 of 209 ---PAGE BREAK--- 2. Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections; 3. Agricultural and forestry activities not conducted according to accepted best management practices; 4. Impoundments; or 5. Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection. e. Disposition and preservation of open space. Open space land shall be preserved and maintained solely for the purposes specified in section 38-190(1). The method for effectuating such preservation and maintenance may be one of the following: 1. Establishment of a mandatory Home Owners Association (HOA) to own and maintain the land in common for the open space purposes intended according to the following provisions (See suggestions for the HOA in Appendix 38-190-I): a. With their application for a permit to build a conservation subdivision, developers will create and submit minimum requirements and structure for the HOA before the first lot is sold; b. The HOA will maintain, pay taxes, and own the open space. (In some communities the local government has agreed to maintain the open space.); c. Membership in the HOA is mandatory for all homeowners, and dues are uniform; and d. The HOA, by law, will stipulate that a third party, such as the local government, may enforce the maintenance of the open space through legally enforceable liens. 2. Dedication of legally described and platted "open space" to a land trust established in compliance with the requirements of Georgia law and shall be for conservation purposes. Page 67 of 209 ---PAGE BREAK--- f. Open space ownership and maintenance. The Pickens County Commissioner shall require the owner or owners of open space land to execute, acknowledge, and file in the land records of Pickens County, including documents and maps which effectively create a conservation easement or other legal conveyance approved by the county or its designee. These records (see legal considerations in section 38-193(7) and suggestions for open space in Appendix 38-190-I): 1. Will be binding on all future owners of the open space land; 2. May be enforced by the adjoining property owners, the Pickens County Commissioner, or a land trust by appropriate court action for equitable relief in the form of an injunction; 3. Will assure appropriate maintenance by the homeowners' association or as otherwise herein provided, of open space land to the satisfaction of the Pickens County Commissioner; 4. Will provide that if maintenance, preservation, and/or use of the open space land no longer complies with the provisions of the easement, Pickens County may take all necessary action to effect compliance and assess the costs against the owners in default; and 5. Will provide that such easement may not be modified, altered, or amended. g. Legal instrument for permanent protection. 1. The open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following. a. A permanent conservation easement in favor of either: 1. A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or Page 68 of 209 ---PAGE BREAK--- 2. A governmental entity with an interest in pursuing goals compatible with the purposes of this article. b. If the entity accepting the easement is not Pickens County, then a third right of enforcement favoring Pickens County shall be included in the easement. c. A permanent restrictive covenant for conservation purposes in favor of a governmental entity. d. An equivalent legal tool that provides permanent protection, if approved by Pickens County. 2. The instrument for permanent protection shall include clear restrictions on the use of the open space. These restrictions shall include all restrictions and permitted uses contained in sections 38-193(c) and 38-193(d), as well as any further restrictions the applicant chooses to place on the use of the open space. h. Septic systems, wells, and storm water management systems. Easements will allow designated open space to be used for community sewer system drip lines or individual septic system secondary drain lines, wells, and storm water management structures designed to promote on-site infiltration and/or treatment of runoff. i. Significant structures. Structures of historic, architectural, or cultural significance existing prior to development of the subdivision may be retained within the open space, subject to approval indicating that these structures are compatible with any Pickens County Land Development Regulations. (Res. of 1-22-2004, § 1) Sec. 38-194. - Road specification. Design standards for road construction in a conservation subdivision shall be consistent with those set forth in the Pickens County Road Design and Specifications. 1. Road locations. Page 69 of 209 ---PAGE BREAK--- a. Roads should be located in a way that minimizes adverse impacts to primary and secondary conservation areas. b. To the greatest extent practicable, wetland crossings and streets traversing existing slopes over 15 percent shall be strongly discouraged. (Res. of 1-22-2004, § 1) Sec. 38-195. - Locations of building sites. As long as the number of buildings meet the density neutral criterion set in section 38-192 it is intended that developers are given flexibility on building locations based on environmental factors and the types of developments the market will bear. 1. Building locations considerations. The Pickens County Land Development Officer shall evaluate the appropriateness of proposed building locations on conceptual preliminary plans or plats to determine whether the proposed locations satisfy considerations listed in Appendix 38-190-III. a. Building sites should generally not be any closer than 100 feet from primary conservation areas. b. Building sites can be located within 50 feet of secondary conservation areas in order to take advantage of views without negatively impacting primary conservation areas. c. Building "footprint" locations may not be changed more than 50 feet from preliminary plat to final plat without the Pickens County Land Development Officer approval. (Res. of 1-22-2004, § 1) Page 70 of 209 ---PAGE BREAK--- Secs. 38-196—38-205. - Reserved. DIVISION 6. – STREETS Sec. 38-206. - Purpose. This division outlines the design and construction standards for public and private roads constructed in subdivisions in the county after the effective date of the ordinance from which this chapter derives. (Ord. of 8-8-1997, ch. III, art. V) Sec. 38-207. - Continuation of existing street pattern. Wherever topography will permit, the arrangement of streets in a subdivision shall provide for the alignment and continuation or projection of existing streets in adjoining areas. (Ord. of 8-8-1997, ch. III, art. V, § 3.500) Sec. 38-208. - Cul-de-sacs. Cul-de-sacs shall terminate in a turnaround having a minimum right-of-way of at least 100 feet in diameter and a minimum outside diameter surface width of 80 feet. (Ord. of 8-8-1997, ch. III, art. V, § 3.501) Sec. 38-209. - Access to arterials and collectors. Where a subdivision borders on or contains an existing or proposed arterial or collector route, as defined on the Georgia DOT Functional Classification Map, the county development officer shall require that access to such street be limited by: 1. The subdivision of lots so as to back on the arterial or collector route and front on a parallel minor route; 2. A series of cul-de-sacs, shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the arterial or collector route; or Page 71 of 209 ---PAGE BREAK--- 3. A marginal access or service street, separated from the arterial or collector route by a planting or grass strip and having access thereto at suitable points. (Ord. of 8-8-1997, ch. III, art. V, § 3.502; Res. of 11-14-2003, § 1) Sec. 38-210. - Access from a state highway. All developments which are proposed to be accessed from a state maintained highway must submit plans to the Georgia Department of Transportation office in Cartersville, Georgia and have such plans approved before the development will be approved by the county. (Ord. of 8-8-1997, ch. III, art. V, § 3.503) Sec. 38-211. - Reserve strips. The creation of reserve strips adjacent to a proposed street in such a manner as to deny access from adjacent property to such street shall generally not be permitted. However, in extraordinary circumstances the county development officer may allow creation of a reserve strip to enable a more appropriate pattern of lots or streets. Where such is created the county commissioner must agree to any and all future depositions of the reserve strips. A notation to this effect shall be entered on the final plat or approved as an auxiliary instrument attached thereto. (Ord. of 8-8-1997, ch. III, art. V, § 3.504) Sec. 38-212. - Arrangement of continuing and dead-end streets. Where a subdivision will contain temporary or permanent dead-end streets they shall be designed as follows: 1. Arrangement of continuing streets. The arrangement of streets shall provide for the continuation of major streets between adjacent properties when such continuation is necessary for convenient movements of traffic, effective fire protection, efficient provisions of utilities, and when such continuation is in accordance with the major street or road plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right­ of-way shall be extended to the property line. A temporary cul-de-sac, temporary or shaped turnabout shall be provided on all temporary Page 72 of 209 ---PAGE BREAK--- dead-end streets as required in the following turnabout standards, with a notation on the subdivision plat that land outside the normal street right-of­ way shall revert to abutting property owners whenever the street is continued. The county development officer may limit the length of temporary dead-end streets in accordance with the design standards of this division. 2. Dead-end streets. Where a street does not extend beyond the boundary of the subdivision and its continuation is not required by the county development officer for access to adjoining property, its terminus shall normally not be nearer to such boundary than 50 feet. However, the county development officer may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. (Ord. of 8-8-1997, ch. III, art. V, § 3.505) Sec. 38-213. - Intersections. Intersections of new streets in a subdivision shall comply with the following standards: 1. Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two streets at an angle of less than 75 degrees shall not be permitted. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. Not more than two streets shall intersect at any one point unless specifically approved by the county development officer. 2. Proposed new intersections along one side of an existing street shall coincide, wherever practicable, with any existing intersections on the opposite side of such street. Jogs within streets having center line offsets of less than 150 feet shall not be permitted, except where the intersected streets have separated dual drives without median breaks at either intersection. Where streets intersect arterial or collector routes, their alignment shall be continuous. Intersections of arterial or collector streets shall be at least 800 feet apart. Page 73 of 209 ---PAGE BREAK--- 3. Minimum curve radius at the intersection of two minor streets shall be 40 feet, and minimum curve radius at an intersection involving a collector street shall be 30 feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement. 4. Where a street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the subdivider shall cut such ground or vegetation (including trees) in connection with the grading of the street right-of-way to the extent necessary to provide adequate site distance. 5. Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two percent grade for a distance of 60 feet, measured from the nearest right-of-way line of the intersecting street. (Ord. of 8-8-1997, ch. III, art. V, § 3.506) Sec. 38-214. - Additional right-of-way on proposed streets. The right-of-way widths in section 38-223 are minimums, and in areas of cut or fill the right-of-way must be increased two feet for each one foot of material removed for the cut or added for the fill. This additional right-of-way must be added to the side or sides where the cut or fill takes place. The minimum allowable degree of slope on a back slope shall be 1.5 to 1 and on a fill slope, the degree of slope shall be 2 to 1. (Ord. of 8-8-1997, ch. III, art. V, § 3.507) Sec. 38-215. - Additional width on existing streets. In subdivisions that adjoin existing streets, the subdivider shall dedicate additional right-of-way to meet the minimum street width requirements as follows: 1. The entire right-of-way shall be provided where any part of the subdivision is on both sides of the street. Page 74 of 209 ---PAGE BREAK--- 2. When the subdivision is located on one side of an existing street, one-half of the required right-of-way measured from the centerline of the existing roadway, shall be provided. (Ord. of 8-8-1997, ch. III, art. V, § 3.508) Sec. 38-216. - Street names. Streets or roads that are extensions of, or obviously in alignment with, existing named streets, shall bear that name. The names of new streets and roads shall be subject to the approval of the Pickens County 911 Department and shall not duplicate or be similar in sound to existing names, irrespective of the use of the suffix street, avenue, circle, way, boulevard, drive, place, or court. (Ord. of 8-8-1997, ch. III, art. V, § 3.509; Res. of 2-26-2009, § 1(Exh. Sec. 38-217. - Railroads and limited access highways. Railroad rights-of-way and limited access highways, where so located as to affect the subdivision of adjoining lands, shall be treated as follows: 1. In residential areas, a buffer strip at least 25 feet in depth in addition to the normally required depth of the lot may be required adjacent to the railroad right-of-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat: "This strip is reserved for screening; the placement of structures hereon is prohibited." 2. In commercial or industrial areas, the nearest street extending parallel or approximately parallel to the railroad shall, wherever practical, be at a sufficient distance therefrom to ensure suitable depth of commercial or industrial sites. 3. Streets parallel to a railroad, when intersecting a street which crosses the railroad at grade, shall to the extent practical, be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients. (Ord. of 8-8-1997, ch. III, art. V, § 3.510) Page 75 of 209 ---PAGE BREAK--- Sec. 38-218. - Bridges. a. Bridges of primary benefit to the subdivider, as determined by the county commissioner, shall be constructed at the full expense of the subdivider without reimbursement from the county. The sharing of expenses for the construction of bridges not of primary benefit to the subdivider, as determined by the county commissioner, shall be fixed by special agreement between the county and the subdivider. The cost shall be charged to the subdivider pro rata as to the percentage of his development so served. b. The engineering design of all bridges shall be submitted to the county commissioner for review and approval prior to construction. The county commissioner may consult with the county engineer, other consultants, or state agencies on the design of proposed bridges. (Ord. of 8-8-1997, ch. III, art. V, § 3.511) Sec. 38-219. - Half streets. Half streets are prohibited. Whenever a street is planned adjacent to the proposed subdivision tract boundary, the entire street right-of-way shall be platted within the proposed subdivision. (Ord. of 8-8-1997, ch. III, art. V, § 3.512) Sec. 38-220. - Split level streets. Streets which are constructed so as to have two traffic ways, each at different levels within the same right-of-way shall provide a right-of-way of 32 feet and such additional right-of-way as necessary to meet the requirements of section 38-213 and a paved traffic surface of 12 feet. The slope between the two traffic ways would not be less than 2 to 1 and have a minimum shoulder width of four feet on each side. (Ord. of 8-8-1997, ch. III, art. V, § 3.513) Sec. 38-221. - One-way streets. If permitted by the county development officer, one-way streets shall meet the minimum right-of-way and pavement and shoulder widths of a split-level street. Page 76 of 209 ---PAGE BREAK--- (Ord. of 8-8-1997, ch. III, art. V, § 3.514) Sec. 38-222. - Alleys. Alleys or service drives may be required at the rear of all lots used for multifamily, commercial, or industrial developments but shall not be provided in one- and two- family residential developments unless the alley or service drive is to provide secondary access to a lot (lots) whose natural grade is (are) more than 12 feet above the finished street grade, or unless the subdivider produces evidence satisfactory to the county development officer of the need for an alley or service drive. Subdivisions over five acres in area in which all or some of the lots are located along an existing county road shall be required to place a service drive or alley to access the lots, and if so, this private road shall be maintained by the owners of the lots and shall meet county standards for private roads. (Ord. of 8-8-1997, ch. III, art. V, § 3.515; Res. of 8-6-1999, § 6; Res. of 11-14-2003, § 1) Sec. 38-223. Geometric design standards for streets. TABLE (Ord. of 8-8-1997, ch. III, art. V, § 3.516; Res. of 5-25-2001, § 1) Sec. 38-224. - Right-of-way, surface width and type, and shoulder requirements for all streets. Proposed Pickens County Minimum Paving Requirements TABLE All residential development accessing a county road must meet minimum AASHTO Standards for accel/decel lanes, entrances and paving. (Ord. of 8-8-1997, ch. III, art. V, § 3.517; Res. of 8-6-1999, § 6; Res. of 5-25-2001, § 1; Res. of 1-26-2007, § 1) Page 77 of 209 ---PAGE BREAK--- Sec. 38-225. - Inspections. The developer shall coordinate his road construction with the county development office. The base grading, drainage and utilities shall be approved by the county development office before any surface base shall be applied to the road by test roll method or any test necessary to determine compliance. (Ord. of 8-8-1997, ch. III, art. V, § 3.518) Sec. 38-226. - Minimum surface type; public and private roads. All roads shall have a base of six inches of graded aggregate base compacted to a maximum density of 100 percent compaction. The material shall be deposited and spread by means of a spreader box or other approved mechanical equipment and compacted with a roller at the proper moisture content. The base shall be covered with prime coat asphalt. The materials and construction methods shall comply with the latest Georgia Department of Transportation Standard Specifications For Construction of Roads and Bridges. (Ord. of 8-8-1997, ch. III, art. V, § 3.519; Res. of 1-26-2007, § 1) Sec. 38-227. - Drainage. a. Water shall be diverted across the road by the use of pipe. Coated corrugated steel pipe is acceptable if properly installed. The pipe shall be a minimum of two feet below the bottom of the road base. The backfill material shall be clean and solidly tamped about the pipe. The discharge end of the cross drain shall be stabilized using rip-rap rock for a distance of eight times the diameter of the pipe. b. All driveways, roads, entrances or other access points made onto county and private roads must have a properly installed pipe to promote and/or allow proper drainage under such entrance. The pipe shall be of sufficient size to carry expected amounts of runoff. However, it shall in no case be smaller than 15 inches in diameter. The pipe shall be a minimum of 20 feet in length. The pipe shall be installed according to standard industry standards and covered with sufficient fill to support expected loads. Page 78 of 209 ---PAGE BREAK--- c. The pipe length for entrance roads and other access points will be determined so as to provide a minimum five feet of shoulder on each side of the required roadway width. (Ord. of 8-8-1997, ch. III, art. V, § 3.520) Sec. 38-228. - Stabilizing the right-of-way. The right-of-way shall be stabilized as specified in the soil erosion and sedimentation control plan before final plat approval will be granted. (Ord. of 8-8-1997, ch. III, art. V, § 3.521) Sec. 38-229. - Signs. The developer shall install street name signs, traffic control signs and any other signs deemed necessary by the county development officer. The sign design, material and method of installation shall be approved by the county commissioner. (Ord. of 8-8-1997, ch. III, art. V, § 3.522) Sec. 38-230. - Monuments. The subdivider shall place permanent reference monuments in the subdivision as required in this section and as approved by a licensed surveyor. Monuments shall be located and set as follows: 1. Monuments shall be located on street right-of-way lines, at street intersections and at the beginning and ending points of curves. 2. The external boundaries of a subdivision shall be monumented in the field by monuments of stone or concrete not less than four feet in length; not less than four inches square or five inches in diameter; and marked on top with a cross, brass plug, iron rod, or other durable material securely embedded. These monuments shall be placed not more than 2,400 feet apart. 3. All lot corners not following on any of the points described in subsection of this section shall be marked by iron rods, pipe, or pins at least 18 inches long and inch in diameter. Page 79 of 209 ---PAGE BREAK--- 4. The lines of lots that extend to rivers or streams shall be monumented in the field by iron pins at least 18 inches long and inch in diameter or by round or square iron bars at least 18 inches long. Such pins shall be placed at the point of intersection of the river or stream and lot line, with a meander line established not less than 20 feet back from the bank of the river or stream. 5. All monuments and pins shall be properly set in the ground and approved by a surveyor or an engineer engaged in the practice of civil engineering prior to the time the county development officer approves the final plat or release of the bond where bond is made in lieu of improvements. (Ord. of 8-8-1997, ch. III, art. V, § 3.523) Sec. 38-231. - Maintenance and classification of roads/streets. a. All subdivision streets shall be deemed private streets or roads until such time as the street or road is accepted by the county commissioner as a part of the county road system and a right-of-way deed is appropriately executed and recorded in the Office of Clerk of Superior Court of Pickens County, Georgia and in the Minutes of the Office of the Commissioner of Pickens County. b. All public improvements constructed within the subdivision shall be maintained by the developer for a period of two years after final plat approval. Thereafter, the maintenance of such public improvements shall be the responsibility of the property owners association as such associations are provided for in section 38­ 351. c. The county shall not be obligated to accept any subdivision road into the county system. No road shall be accepted by the county commissioner as part of the county road system until the following has occurred: 1. The expiration of two years from the date of the final plat approval. 2. A satisfactory inspection by the county engineer of the road construction. Said inspection will not occur until requested by the owner of the road. 3. All taxes assessed against the road are paid. Page 80 of 209 ---PAGE BREAK--- (Res. of 8-6-1999, § 6; Res. of 2-26-2009, § 1(Exh. Secs. 38-232—38-250. - Reserved. DIVISION 7. - UTILITIES[3] Footnotes: Cross reference— Utilities, ch. 74. Sec. 38-251. - Water. a. When the county development officer determines that public water is within a reasonable distance of the subdivision, the developer shall be required to extend the water system into his development at his expense. The water extension shall be approved by the Georgia Department of Natural Resources, Environmental Protection Division and installed according to the standards set by the utility. Each subdivision which uses public water shall at a minimum have one fire hydrant at the entrance to the subdivision, and more may be required by the county development officer and/or the Pickens County Fire Department as deemed necessary based on density and water line capacity. b. A private water system shall be approved by the Georgia Department of Natural Resources. All private water systems shall have a minimum of one centrally located fire hydrant per four units or lots, shall comply with the ownership and maintenance provisions outlined in section 38-351 et seq. of this chapter, and shall meet or exceed the county water department standards for materials and installation. c. When a water main is located in a street right-of-way and it will be necessary to cut into the street surface to serve the abutting lots, a connection shall be stubbed out to the property line to serve each lot before the street base is applied. d. When an on-site wastewater treatment and disposal facilities in excess of 10,000-gallon capacity is proposed, the requirements of chapter 34, article ii, division 3 must be complied with. Page 81 of 209 ---PAGE BREAK--- (Ord. of 8-8-1997, ch. III, art. VI, § 3.600; Res. of 8-8-2006, § 2; Res. of 2-26-2009, § 1(Exh. Sec. 38-252. - Electric and telephone systems. The developer will contact the electric co-op and telephone company during the design phase of the subdivision to work out the details of where the service lines will be run. (Ord. of 8-8-1997, ch. III, art. VI, § 3.601) Sec. 38-253. - Underground utility placement. All underground utility placement shall comply with the "Utility Placement Detail" as attached hereto and made a part hereof. This shall require a dedicated 13-foot easement between curb line and property line and curbs at final grade before utility placement. PLACEMENT CHART (Res. of 2-26-2009, § 1(Exh. Secs. 38-254—38-275. - Reserved. DIVISION 9. - PERFORMANCE SECURITY Sec. 38-301. - Purpose. In lieu of the completion of the required improvements necessary for final plat approval, the county commissioner may accept a bond or letter of credit in a form and amount satisfactory to him, providing for and securing to the county the actual construction and installation of such improvements within a specified period of time, not to exceed one year. (Ord. of 8-8-1997, ch. III, art. VIII, § 3.800) Sec. 38-302. - Letter of credit requirements. The developer shall provide to the county development officer from a bank or other reputable institution, subject to the approval of the county commissioner, a letter of Page 82 of 209 ---PAGE BREAK--- credit using the forms which follow. This letter shall be deposited with the clerk of superior court and shall certify the following: 1. That the creditor does guarantee funds in an amount equal to the cost, as estimated by the developer and approved by the county commissioner, of completing all required improvements. 2. That, in the case of failure on the part of the developer to complete the specified improvements within the required time period, the creditor shall pay to the county commissioner immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. 3. That the letter of credit may not be withdrawn, or reduced in amount, until released by the county commissioner. LETTER OF CREDIT - DEVELOPER'S FORM WHEREAS Principal herein, is the owner and developer of the Subdivision, Unit located in Pickens County, Georgia; and WHEREAS the Preliminary Plat plans and specifications of said Subdivision showing the location, construction, and installation of improvements therein have been filed with and approved by the County Commissioner, and which are hereby referred to and made part of this instrument, as if fully copied and set forth herein; and, WHEREAS the Principal herein does hereby obligate itself and does agree to complete the construction and installation of said improvements in the said Subdivision in accordance with the said Preliminary Plat plans and specifications now on file, and as bounded and modified by the final plat of Subdivision, Unit approved by said Commission. NOW THEREFORE, as Principal, does hereby firmly bind itself, its heirs, executors, administrators, and successors and assigns unto the Pickens County Commission in the sum of conditioned upon Subdivision, Unit in the construction and installation of all improvements herein called for, the same improvements to be completed on or before the day of Page 83 of 209 ---PAGE BREAK--- and upon the completion thereof this obligation to be null and void, otherwise to remain in full force and effect. If the Principal fails to complete the construction and installation of all the improvements of said Subdivision as shown and provided for by said plans and specifications herein referred to or has not obtained an extension of the above completion date prior to the completion date herein above specified, then the County Commissioner shall be entitled to perform the construction and installation of the improvements herein above referred to and the Principal shall pay or cause to be paid to the County Commissioner such sums as may be necessary to complete said improvements, as secured by an irrevocable Letter of Credit, terminating no sooner than weeks after the completion date for said improvements above mentioned, executed with this instrument, but not to exceed the amount referred to herein. WITNESS OUR HANDS this the day of By: Address: Signature: (Ord. of 8-8-1997, ch. III, art. VIII, § 3.801) Sec. 38-303. - Time limits. Prior to the granting of final plat approval, the developer and the county development officer shall agree upon a deadline for the completion of all required improvements, such deadline not to exceed one year from the date of final plat approval. (Ord. of 8-8-1997, ch. III, art. VIII, § 3.802) Sec. 38-304. - Release of guarantee. Upon acceptance by the appropriate official of the dedication of the final portion of improvements, the county commission shall authorize the release of the letter of credit. (Ord. of 8-8-1997, ch. III, art. VIII, § 3.803) Page 84 of 209 ---PAGE BREAK--- Secs. 38-305—38-325. - Reserved. DIVISION 10. - VARIANCES Sec. 38-326. - Variances; recommendations and granting. The developer shall make a request in writing for a variance from the land development regulations described in this chapter 38 to the county development office. The county development office shall make a study of the variance request and make a recommendation to the board of appeals who shall have the authority to grant the variance. The county development office shall have the authority to grant variances at the administrative level on matters regarding the distances required between a building and the boundary lines of the property as well as vegetative buffers. A denial of this type of variance request may be appealed to the board of appeals. (Ord. of 8-8-1997, ch. III, art. IX, § 3.900; Res. of 2-26-2009, § 1(Exh. Secs. 38-327—38-350. - Reserved. DIVISION 11. - PROPERTY OWNERS ASSOCIATIONS Sec. 38-351. - Property owners association required for commonly owned improvements in a private development. a. All commonly owned property private streets, recreation areas, private water systems, and other improvements) shall be owned, managed and maintained by a legally constituted property owners association. The legal document creating the property owners association shall be approved by the county attorney before the final plat will be approved by the county development officer. b. At a minimum, the legal document creating the property owners association shall contain provisions for: 1. Mandatory membership of all property owners; 2. Provisions for insuring that the necessary revenues are collected from the members to maintain the facilities; Page 85 of 209 ---PAGE BREAK--- 3. A deed from the developer shall be made to the property owners association making the association the sole owner of all private roads, recreation areas, water systems and other improvements; 4. Rules and regulations on how the association shall conduct its business; and 5. Acknowledgement that certain public services may not be provided by the county. (Ord. of 8-8-1997, ch. III, art. X) DIVISION 1. – GENERALLY. Sec. 38-81. – Purpose. The purpose of this Article is to regulate subdivisions in Unincorporated Pickens County. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-82. – Definition of subdivision(s). “Subdivision(s)” shall mean the division of a tract, parcel or area of land into two or more resulting tracts, parcels, lots or other divided areas of land for any purpose, whether immediate or future, including but not limited to divisions for sale, rental, legacy, or building development. 1. When appropriate to the context, subdivision(s) shall constitute the process of subdividing a tract, parcel or area of land or shall constitute the tract, parcel, or other area of land that has been subdivided or is in the process of being subdivided. 2. This definition shall include re-subdivision, which means a change in a map of any approved or recorded subdivision plat altering the number of lots incorporated within the confines of the original plat. (Ord. of 8-18-2025 § 1 (Exh. Page 86 of 209 ---PAGE BREAK--- Sec. 38-83. – All subdivisions to comply. All subdivisions of land in Unincorporated Pickens County as defined by Section 38-82 of this Division shall comply with the applicable provisions of this Chapter. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-84. – Land is one tract until subdivided. Until the tract, parcel or area of land proposed for subdivision has received final plat approval pursuant to the provisions of Division 2 of this Article and has been properly recorded in the Office of the Pickens County Georgia Clerk of Courts, the land involving the subdivision shall be considered as one tract, parcel or area of land or as otherwise legally recorded. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-85. – Plats of subdivision. Submission of plats of subdivision for approval. 1. All plats of subdivision shall be submitted to the Planning & Development Department for review and approval. 2. The Chairperson of the Board of Commissioners (“Chairperson”) and the Planning & Development Department shall have the sole authority to approve plats of subdivision before recordation by the Office of the Pickens County Georgia Clerk of Courts. 3. Such approval is required before any plat can be so recorded in the Office of the Pickens County Georgia Clerk of Courts. Prohibitions on unlawful submissions or approvals. 1. The submission of any plat of subdivision for purported approval to any party other than the Planning & Development Department shall be prohibited. Page 87 of 209 ---PAGE BREAK--- 2. The purported approval of a plat of subdivision by any party other than the Chairperson or the Planning & Development Department shall be prohibited. Prohibitions on unlawful recording of plat. No plat of subdivision shall be entitled to be recorded in the Office of the Pickens County Georgia Clerk of Courts, and it shall be unlawful to record such a plat of subdivision, unless and until it shall have been approved in accordance with the applicable requirements of this Article. (See O.C.G.A. § 15-6-67 Sec. 38-86. – Bifurcated regulation of subdivisions. The regulation of subdivision(s) pursuant to this Article, including the administration of the subdivision(s) approval process, shall vary based on the magnitude of the subdivision(s) as determined by the number of tracts, parcels, lots or other areas of land resulting from any original subdivision(s), or, if applicable, any new subdivision(s) created by operation of Section 38­ 87 of this Division. All minor subdivisions creating three or more divided areas of land must be approved by the Planning & Development Department pursuant to Section 38-111 of Division 2 of this Article. 1. “Minor subdivision” shall mean any subdivision(s) comprised of or to be comprised of five or fewer resulting tracts, parcels, lots or other divided areas of land and in which no new streets are developed or are to be developed, and/or in which no utility extensions are developed or are to be developed. Should new streets be developed or be intended to be developed and/or should any utility extensions and developments be developed or intended to be developed in a subdivision, that subdivision shall constitute a major subdivision referenced in Subsection of this Section. Page 88 of 209 ---PAGE BREAK--- 2. When appropriate to the context, minor subdivision(s) shall constitute the process of subdividing a tract, parcel or area of land into the resulting five or fewer tracts, parcels, lots or other divided areas of land. All major subdivisions must be approved by the Planning & Development Department pursuant to Section 38-112 of Division 2. 1. “Major subdivision” shall mean any subdivision(s) which is not classified as a minor subdivision. 2. When appropriate to the context, major subdivision(s) shall constitute the process of subdividing a tract, parcel or area of land into the resulting six or more tracts, parcels, lots or other divided areas of land. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-87. – Effect of subsequent divisions of tracts, parcels or areas of land. By operation of this Section, if any original or otherwise previous subdivision(s) of a tract, parcel or area of land is subdivided into two or more tracts, parcels, lots or other divided areas of land and one or more of those resulting lots is further divided within twenty-four (24) months of the original subdivision or previous subdivision, the subsequent subdivision shall be considered a new subdivision if: 1. It transforms the original subdivision consisting of only two tracts, parcels, lots or other divided areas of land into a minor subdivision(s) requiring approval pursuant to Section 38-111 of Division 2 of this Article. 2. It transforms a minor subdivision(s) into a major subdivision(s) requiring approval pursuant to Section 38-112 of Division 2 of this Article even though previous approval had been previously granted pursuant to Section 38-111. Said new subdivision shall replace the old subdivision and the previous satisfaction of subdivision standards applicable to the old subdivision shall Page 89 of 209 ---PAGE BREAK--- be irrelevant to the new application of subdivision standards for the new subdivision. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-88. – Prohibition of landlocked parcels, tracts or other areas of land. No subdivision(s) shall create a landlocked parcel, tract, lot or other divided area of land for any permissible or specially permitted land use pursuant to Chapter 67 of this Code. A landlocked parcel, tract or area of land shall mean a parcel, tract, lot or other divided area of land with no direct or indirect legal access to a public street. (See Section 38-206(f) of Division 4 of this Article.) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-89. – Prohibition of sales of property. The sale of any property within a minor subdivision shall be prohibited until approval has been obtained pursuant to Section 38-111 of Division 2 of this Article. The sale of any property within a major subdivision shall be prohibited until approval has been obtained pursuant to Section 38-112. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-90. – Private agreements. This Chapter shall not supersede, negate, impair or otherwise affect any valid deed restriction, covenant, easement or other private agreement to the extent that such private agreement is more restrictive than the applicable provisions of this Chapter and/or imposes a standard not addressed in this Chapter. The Pickens County Government shall not enforce any private agreement referenced in Subsection of this Section under any circumstances. Page 90 of 209 ---PAGE BREAK--- The provisions of this Chapter shall govern situations in which such provisions impose more stringent restrictions on the involved use of land, buildings or structures. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-91. – Land development standards imposed by this article and land use standards imposed by chapter 67. In any situation regarding any particular subdivision(s), both the land development regulation standards imposed by this Article and the land use standards imposed by Chapter 67 of this Code must be satisfied. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-92. – Definitions in general. The definitions of various words and phrases that are utilized in this Article are set forth in the applicable substantive provisions of the various Divisions herein or in Article XII, “Glossary of Terms”, of this Chapter. Should there be conflict or ambiguity between the definition of a particular term contained in this Article and the definition of the same term set forth in Article XII, the definition set forth in this Article shall prevail over the definition set forth in Article XII. Any word or phrase used in this Article which is not defined herein or in Article XII shall have its customary dictionary definition when such meaning is consistent with the context of usage in this Article. As used in this Article: 1. The term “Code” shall mean the Code of Ordinances, Pickens County, Georgia. 2. The term “Chairperson” shall mean the Chairperson of the Board of Commissioners. Page 91 of 209 ---PAGE BREAK--- 3. The term “subdivider”, depending on the context of the circumstances at the applicable time in a particular situation, shall mean the owner(s) of the property intended to be subdivided or and/or any duly authorized agent of the owner(s) that is in the process of being subdivided pursuant to a valid application for subdivision(s). 4. The terms “tract”, “parcel”, “lot”, and “area of land”, as used individually or in any combination thereof, shall mean a discernable portion of land subject to regulation by this Article and shall refer to, depending on the context, either: a. A portion of land intended to be divided or in the process of being divided. b. A portion of land that has been created by the process of division. 5. The term “street” shall mean a right-of-way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, road, avenue, drive, expressway, boulevard, lane, place, circle, alley or similar designation. a. The term “public street” shall mean a street which is part of the Pickens County Road System due to designation by resolution of the Board of Commissioners pursuant to O.C.G.A. § 32-4-40. b. The term “private street” shall mean a street which is not part of the Pickens County Road System. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-93. – Details of the regulation of subdivision(s). The details of the regulation of subdivision(s) are set forth in the other Divisions of this Article as follows: Division 2. - Approval Process. Division 3. – Preliminary Plat Standards and Review Process. Page 92 of 209 ---PAGE BREAK--- Division 4. – Final Plat Standards and Review Process. Division 5. – General Principles of Design. Division 6. – Streets. Division 7 – Utilities. Division 8. – Performance Security. Division 9. – Property Owners Associations. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-94 38-110. - Reserved. DIVISION 2. - APPROVAL PROCESSES Sec. 38-111. - Approval process for minor subdivision(s). For purposes of this Division, the subdivision of one tract into two tracts, parcels, lots or other divided areas of land does not require approval for development pursuant to this Division unless the provisions of Section 38-87 create a new subdivision(s) deemed to contain in excess of two tracts, parcels or areas of land in which case Subsection of this Section shall apply. All minor subdivisions creating three or more divided areas of land must be approved by the Planning & Development Department. The subdivider of an intended minor subdivision referenced in Subsection of this Section shall submit a subdivision application and a plat which complies with the provisions outlined in Section 38-162 of Division 4 of this Article to the Planning & Development Department. The Planning & Development Department shall review the proposed minor subdivision(s) for compliance with the provisions of this Chapter and in the instance of any noncompliance of this Chapter depicted in the associated plat or in the instance of insufficient information contained on a plat, the Page 93 of 209 ---PAGE BREAK--- Planning & Development Department shall reject such plat for purposes of approving the proposed minor Subdivision(s) pursuant to this Division. The fact that any particular plat meets the standards imposed by O.C.G.A. § 15-6-67(c) shall not be dispositive of whether said plat depicts an approvable subdivision(s) in accordance with this Division. Upon the completion of the process set forth in this Section, the Planning & Development Department shall issue a certificate of completion regarding a particular subdivision to the applicable subdivider thereof pursuant to Section 38-4 (c)1 of this Chapter. (Ord. of 8-8-1997, ch. III, art. II), art. I, § 3.100) (Ord. of 8-18-2025 § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-112. - Approval process for major subdivision(s). All major subdivisions must be approved by the Planning & Development Department. The subdivider of an intended major subdivision shall submit a subdivision application to the Planning & Development Department and subsequently fully and successfully complete the process set forth in Subsection of this Section. The major subdivision approval process is comprised of the following three steps: 1. The preliminary-plat step. a. The first step of obtaining approval for a major subdivision shall be the preparation and approval of a preliminary plat by a surveyor or engineer duly licensed by the Georgia Professional Engineers and Land Surveyors Board. b. A preliminary plat is a tentative drawing of a proposed subdivision meeting requirements enumerated in this Article and showing the Page 94 of 209 ---PAGE BREAK--- proposed layout in sufficient detail to indicate unquestionably its workability. c. The preliminary plat shall contain the information outlined in Section 38-132 of Division 3 of this Article. d. The preliminary plat shall be reviewed and approved as outlined in Section 38-133 of Division 3. i. The Planning & Development Department shall review the proposed major subdivision(s) for compliance with this Chapter and in the instance of any noncompliance of this Chapter depicted in the associated preliminary plat or in the instance of insufficient information contained on a plat, the Planning & Development Department shall reject such plat for purposes of approving the first step of the approval process set forth in this Section. ii. The fact that any particular plat meets the standards imposed by O.C.G.A. § Section 15-6-67(c) shall not be dispositive of whether said plat depicts an approvable subdivision(s) in accordance with this Article. 2. The construction-of-improvements step. a. The second step of obtaining approval for a major subdivision shall be the construction of the necessary improvements to the subdivision, including but not limited to: streets; lot corner stakes; drainage; and means of accessing water. b. Said improvements shall closely approximate the plan approved on the preliminary plat. c. The subdivider may exercise the provisions of Division 8 of this Article in lieu of the aforementioned construction. 3. The final-plat step. Page 95 of 209 ---PAGE BREAK--- a. Upon the completion of the necessary improvements or the utilization of Division 8 of this Article, the subdivider shall prepare a final plat which will serve as an "as-built" drawing for the subdivision. b. A final plat is a finished drawing of a subdivision, meeting all of the requirements of these regulations in such form as required by the local jurisdiction and showing, completely and accurately, all legal design and engineering information, and certificates necessary for recording. c. The final plat shall contain the information outlined in Section 38­ 162 of Division 4 of this Article. d. The final plat shall be reviewed and approved as outlined in Section 38-163 of Division 4. e. Upon obtaining approval of the final plat, the subdivider shall be authorized to record the plat in the Office of the Pickens County Georgia Clerk of Courts. Upon the completion of the process set forth in this Section, the Planning & Development Department shall issue a certificate of completion regarding a particular subdivision to the applicable subdivider thereof pursuant to Section 38-4(c)2 of this Chapter. (Ord. of 8-8-1997, ch. III, art. II), art. I, § 3.101; Res. of 8-8-2006, § 2) (Ord. of 8­ 18-2025 § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-113 38-130. - Reserved. DIVISION 3. - PRELIMINARY PLAT STANDARDS AND REVIEW PROCESS Sec. 38-131. - Purpose. The purpose of the preliminary plat is to provide the Chairperson, the Planning & Development Department, and other reviewing parties with an opportunity to review the relevant characteristics of the proposed Page 96 of 209 ---PAGE BREAK--- subdivision for compliance with the various regulatory standards imposed by this Article. Such characteristics include but are not limited to: 1. Street design standards. 2. Adequacy of a potable water supply. 3. Adequacy of water supply to suppress fires. 4. Adequacy of the lot size for septic tank use. 5. Susceptibility of points of ingress to facilitate effective and efficient emergency responses conducted by public safety agencies. 6. Susceptibility of points of egress to facilitate the effective and efficient exiting of the subdivision in the case of an emergency. 7. Utility placement and easements. 8. Soil erosion and sedimentation control measures. 9. Flood hazard potential. 10. Compliance with the various dimensional requirements imposed by the applicable provisions of Chapter 67 of this Code. (Ord. of 8-8-1997, ch. III, art. II), art. II) , art. II) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-132. - Information required on the preliminary plat. The following information is required for preliminary plat review: 1. The proposed layout of lots, streets and utilities shall be shown on a drawing at a scale of 200′, which shall show the acreage of lots and shall show points of ingress and points of egress. Page 97 of 209 ---PAGE BREAK--- 2. The drawing shall contain a graphic scale, north arrow, date, acreage to be subdivided, and the name, address, and telephone number of the subdivider(s). 3. A location sketch map shall be provided which shows the location of the site in relation to existing public streets, streams, power transmission lines, etc. 4. Topography shall be shown at vertical intervals of not more than ten feet (10 ft) and notation of highest and lowest elevations in subdivision. 5. The names of adjoining property owners shall be shown in relation to the proposed development. 6. The plat shall contain the proposed name of the development and streets and a statement as to whether the streets are proposed as public streets or private streets with the percent of grade of the steepest street noted. 7. The boundaries of any flood hazard areas. 8. An approved plan to control erosion on the site and a detailed drainage plan, including drainage easements. 9. Certificates as outlined in Section 38-134 of this Division 3. 10. All rights-of-way showing widths of at least sixty feet (60ft). 11. A detailed access plan to enter the Pickens County Government’s right­ of-way. 12. Soil classification data for all parcels under three acres. 13. All permits and covenants and restrictions which will apply to the property. 14. The preliminary plat shall be accompanied by an impact information statement, completed on forms provided by the Planning & Development Department, with all sections therein completed by applicant. Page 98 of 209 ---PAGE BREAK--- 15. If the subdivision is to be completed in phases, the preliminary plat must be accompanied by a master plan depicting future lots and streets. 16. A storm water discharge plan for the project. 17. Certification that subdivider has held a pre-construction meeting of all utility providers and that a construction schedule has been agreed to by all involved utility companies. 18. Certification and copy of a fire flow test performed by an engineer duly licensed by the Georgia Professional Engineers and Land Surveyors Board. (Ord. of 8-8-1997, ch. III, art. II), art. II, § 3.200; Res. of 8-6-1999, § (Ord. of 8­ 18-2025 § 1 (Exh. Sec. 38-133. - Preliminary plat review process. The subdivider shall submit three physical copies and one electronic copy of the preliminary plat to the Planning & Development Department. The purpose of the preliminary plat is to provide a drawing which accurately reflects the planned critical characteristics of the subdivision that is intended to be developed for approval pursuant to Section 38-112 of Division 2 of this Article. The preliminary-plat-review process shall be undertaken as expediently as possible after receipt of the copies of the plat referenced in Subsection of this Section. The preliminary-plat-review process shall consider all applicable criteria set forth in this Article, including the impact statements referenced in Subsection The Planning & Development Department shall distribute an electronic copy of the plat referenced in Subsection to each of the following parties: 1. Chairperson. Page 99 of 209 ---PAGE BREAK--- 2. Pickens County Sheriff. 3. Applicable District Commissioner. 4. Director of Public Safety. 5. Director of External Services. 6. Pickens County Fire Chief. 7. Pickens County Fire Marshal. 8. Public Works Department Director. 9. Director of Utilities. 10. E-911 Director. 11. Pickens County Department of Environmental Health 12. Applicable electric utility provider. 13. Applicable landline telephone and/or internet services provider. 14. Applicable water department, if any. 15. Limestone Valley Soil Conservation Service. Impact statements shall be sought by the Planning & Development Department from each party listed in Subsection The Chairperson and the Planning & Development Department shall have the sole authority to approve a preliminary plat. The preliminary plat approval shall be valid for eighteen (18) months from the date of approval. If substantial work has not been done on the proposed subdivision within this 18-month period, the preliminary plat approval shall become null and void. Page 100 of 209 ---PAGE BREAK--- (Ord. of 8-8-1997, ch. III, art. II), art. II, § 3.201; Res. of 8-6-1999, § 6; Res. of 2­ 26-2009, § 1(Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-134. - Preliminary plat certificates. The following certificates shall be placed on the preliminary plat or on a cover sheet to the preliminary plat and shall be signed by the appropriate authorities prior to submission of the preliminary plat to the Planning & Development Department for review and approval subject to Section 38-133 of this Division: 1. Preliminary Survey and Design Certificate. Preliminary Survey and Design Certificate I hereby certify that this preliminary plat correctly represents data compiled or verified through a survey completed by me or under my direct supervision. I further certify that the design of the proposed streets, lots and other improvements comply with the subdivision design standards and other land development standards imposed by the Pickens County Board of Commissioners in the Code of Ordinances, Pickens County, Georgia. Date: Registered Civil Engineer or Land Surveyor License Number: Name and telephone number: 2. Tentative Approval for Private Subsurface Sewage Disposal. Tentative Approval for Private Subsurface Sewage Disposal I hereby certify that the lots proposed hereon are generally suitable for subsurface sewage disposal with the listed and/or attached restrictions. This certificate does not constitute final approval of the sewage disposal system for this subdivision. Page 101 of 209 ---PAGE BREAK--- Date: Pickens County Department of Environmental Health Representative: 3. Preliminary Plat Approval. Preliminary Plat Approval I hereby certify that the preliminary subdivision plat shown hereon has been properly reviewed and approved. The subdivider is hereby authorized to begin the physical development of the subdivision per this approved plan. Chairperson of the Board of Commissioners or Planning & Development Department Representative: Date: 4. Subdivider’s Agreement. Subdivider’s Agreement I hereby certify that I have met or will meet the subdivision design standards and land development standards imposed by the Pickens County Board of Commissioners in the Code of Ordinances, Pickens County, Georgia. Subdivider: Name and telephone number: Date: (Ord. of 8-8-1997, ch. III, art. II), art. II, § 3.202; Res. of 8-6-1999, § 6; Res. of 2­ 26-2009, § 1(Exh. (Ord. of 8-18-2025 § 1 (Exh. Page 102 of 209 ---PAGE BREAK--- Secs. 38-135 38-160. - Reserved. DIVISION 4. - FINAL PLAT STANDARDS AND REVIEW PROCESS Sec. 38-161. - Purpose. The purpose of the final plat is to provide an "as-built" drawing which accurately reflects the critical characteristics of the subdivision that have been reviewed by the Planning & Development Department. The Chairperson and the Planning & Development Department shall have the sole authority to approve a final plat. The approval of the final plat by the Chairperson or the Planning & Development Department certifies to the subdivider and to all other interested parties that: 1. All applicable subdivision design standards and other land development standards imposed by the Pickens County Board of Commissioners in the Code of Ordinances, Pickens County, Georgia have been met. 2. The plat is approved for recording in the Office of the Pickens County Georgia Clerk of Courts in accordance with the applicable provisions of this Article. (Ord. of 8-8-1997, ch. III, art. II), art. III) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-162. - Information required on the final plat. The following information is required for final plat review: 1. The final plat shall be drawn in permanent ink on reproducible material at a scale of 1″=100′. The sheet size shall not be less than 11″ × 24″. If more than one sheet is necessary to show the area the sheets shall be edge matched. 3. The final plat shall contain sufficient data to enable a surveyor or engineer to duplicate the plat on the ground. Page 103 of 209 ---PAGE BREAK--- 4. The final plat shall show: a. Name of subdivision. b. Location map. c. Graphic scale, north arrow, date. d. Total number of acres being subdivided. e. Location and description of monuments and lot numbers, lot lines by bearings and distances, and lot size in square feet. f. Streets i. Name of streets ii. Total length of streets. g. Designation of any flood hazard areas. h. Certifications contained in the applicable final plat certificates required by Section 38-164 of this Division. i. A statement as to who is responsible for the maintenance of the private streets, if applicable. j. A statement that no lot can be re-subdivided without written permission from the Chairperson and the Planning & Development Department. k. All drainage details. l. Required right-of-way on streets. m. Existing access to public right-of-way. n. Name of applicable homeowners association (HOA). Page 104 of 209 ---PAGE BREAK--- o. A statement of compliance that construction improvements are in place. p. Description of applicable utility easements. q. Certification by the Pickens County Fire Chief that fire hydrants are adequate and functional. (Ord. of 8-8-1997, ch. III, art. II), art. III, § 3.300; Res. of 8-6-1999, § 6; Res. of 2­ 26-2009, § 1(Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-163. - Final plat review process. The subdivider shall submit three physical copies and one electronic copy of the final plat to the Planning & Development Department. The Planning & Development Department shall distribute an electronic copy to the parties referenced in Sec. 38-113(e) of this Division. Along with copies of the final plat, the subdivider shall provide the Planning & Development Department with all deed work applicable, blanket easements, covenants and restrictions. It shall be the responsibility of the subdivider to obtain the appropriate signatures on the applicable final plat certificates set forth in Section 38-164. These signatures must be obtained before the Chairperson or the Planning & Development Department can grant final plat approval to the development. The Planning & Development Department shall review and take action on the final plat within twenty (20) working days of the subdivider notifying the Planning & Development Department that all of the applicable signatures have been secured for the required certificates in accordance with Subsection of this Section. Failure of the Planning & Development Department to take action within this time period shall not constitute approval of the final plat if the subdivider is in noncompliance with any applicable subdivision standards or other land development standards. Page 105 of 209 ---PAGE BREAK--- (Ord. of 8-8-1997, ch. III, art. II), art. III, § 3.301; Res. of 2-26-2009, § 1(Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-164. - Final plat certificates. The following applicable certificates shall be placed on the final plat, or a cover sheet to the final plat, and be signed by the appropriate authorities prior to submission of the final plat to the Planning & Development Department for approval: 1. Final Engineering Certificate. Final Engineering Certificate I hereby certify that this plat is true and correct and contains sufficient engineering information to permit the plat to be duplicated on the ground. All monuments shown hereon actually exist and their location, size and type are correctly shown. I further certify that no grades on streets exceed sixteen percent (16%) and that sight distance requirements are in compliance. I further certify that all engineering requirements fully comply with the subdivision design standards and other land development standards imposed by the Pickens County Board of Commissioners in the Code of Ordinances, Pickens County, Georgia. Licensed Civil Engineer or Land Surveyor: License Number: Name and telephone number: Date: 2. Certificate of Approval of Property Owners Association. Certificate of Approval of Property Owners Association I hereby certify that I have reviewed the legal document creating the property owners association for (name of development) and I have found that the association is legally constituted and that the covenants, Page 106 of 209 ---PAGE BREAK--- conditions and restrictions incorporated in the association are sufficient to ensure the continued maintenance of the commonly owned property and improvements in (name of development). Attorney Representing Pickens County: Georgia Bar No. Name and telephone number: Date: 3. Certificate of Approval for Private Subsurface Sewage Disposal Certificate of Approval for Private Subsurface Sewage Disposal I hereby certify that each lot shown hereon, unless otherwise noted, is suitable for subsurface sewage disposal. Before the initiation of construction, plans for the location of the house or other structures and the sewage disposal system shall be submitted to, and approved by, the Pickens County Department of Environmental Health. Pickens County Department of Environmental Health Representative: Name and telephone number: Date: 4. Certificate of Approval of Streets and Drainage Certificate of Approval of Streets and Drainage I hereby certify that all streets and drainage structures shown on this final plat have been installed in an acceptable manner and conform to the subdivision design standards and other land development standards imposed by the Pickens County Board of Commissioners in the Code of Page 107 of 209 ---PAGE BREAK--- Ordinances, Pickens County, Georgia. I further certify that ownership and maintenance of the streets designated on the plat as private streets are outlined in the attached legal document of the property owners association. Chairperson of the Pickens County Board of Commissioners: Date: 5. Certificate of Approval of Water System Certificate of Approval of Water System The central water system in the (name of subdivision) is a (private system/public system) which has been approved by the Georgia Department of Natural Resources, Environmental Protection Division, and has been accepted by the (name of public utility), or if private, a copy of the property owners’ association legal document guaranteeing the operation and maintenance of the system is attached. Licensed Utility System Engineer or Private System Engineer: License Number: Name and telephone number: Date: 6. Certificate of Easements. Certificate of Easements All utilities easements, rights-of-way easements and all access easements, both private and public, have been verified, signed, and recorded in the correct name. Subdivider: Page 108 of 209 ---PAGE BREAK--- Name and telephone number: Date: 7. Final Certificate of Subdivider. Final Certificate of Subdivider I hereby certify that this plat is true and correct and contains sufficient information to permit the plat to be duplicated on the ground. All monuments shown hereon actually exist and their location, size, and type are correctly shown. I further certify that no grades on streets exceed twelve percent (12%) and that sight distance requirements have been met. I further certify that any easement established for purposes of access by ingress or egress is at least sixty feet (60 ft) in width. I further certify that all subdivision design standards and other land development standards imposed by the Pickens County Board of Commissioners in the Code of Ordinances, Pickens County, Georgia have been fully satisfied. Subdivider: Name and telephone number: Date: 8. Final Plat Approval Final Plat Approval I hereby certify that the final subdivision plat shown hereon has been properly reviewed and approved, as evidenced by the signed certificates. I hereby certify that all of the subdivision design standards and other land development standards imposed by the Pickens County Board of Commissioners in the Code of Ordinances, Pickens County, Georgia have been met and that the plat is hereby approved for recording in the Office of the Pickens County Georgia Clerk of Courts. Page 109 of 209 ---PAGE BREAK--- Chairperson of the Board of Commissioners or Planning & Development Department Representative: Date: (Ord. of 8-8-1997, ch. III, art. II), art. III, § 3.302; Res. of 12-29-2000, § 3; Res. of 2-26-2009, § 1(Exh. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-165 38-200. - Reserved. DIVISION 5. - GENERAL PRINCIPLES OF DESIGN Sec. 38-201. - Suitability of the area proposed for subdividing. A tract, parcel of other area of land determined by the Planning & Development Department to have any of the following characteristics shall not be subdivided except for situations described in Subsection of this Section: 1. Its slope has a degree of steepness more than twenty-five percent 2. It is subject to flooding. 3. It has poor drainage. 4. It has any other adverse geologic conditions. The Planning & Development Department may approve subdividing if the subdivider, through the use of engineering reports, demonstrates that proposed means of mitigation: 1. Will mitigate the adverse natural features; 2. Will not endanger the health, safety or general welfare of the inhabitants of the land and surrounding areas; and 3. Will meet or exceed all requirements imposed by Georgia law and/or regulations applicable to mountain protection. Page 110 of 209 ---PAGE BREAK--- (Ord. of 8-8-1997, ch. III, art. II, art. IV, § 3.400) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-202. - Conformance to other rules and regulations. In addition to the minimum standards outlined in this Chapter, all proposed subdivisions shall comply with all applicable Georgia law and local law. The Planning & Development Department shall withhold approval of any subdivision which is known to be in conflict with any known laws or regulations. (Ord. of 8-8-1997, ch. III, art. II), art. IV, § 3.401) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-203. - Restrictive covenants. Restrictive covenants for any subdivision shall be submitted along with the preliminary plat, and shall upon approval be recorded on a separate form along with the final plat. (Ord. of 8-8-1997, ch. III, art. II), art. IV, § 3.402) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-204. - Name of subdivision. The name of the subdivision shall be at the discretion of the subdivider so long as the name does not closely approximate the name of a previously platted subdivision in Unincorporated Pickens County. (Ord. of 8-8-1997, ch. III, art. II), art. IV, § 3.403) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-205. - Streets. The streets in a subdivision may either be: Page 111 of 209 ---PAGE BREAK--- 1. Public streets which are part of the Pickens County Road System due to designation by resolution of the Board of Commissioners pursuant to O.C.G.A. § 32-4-40 or 2. Private streets which are not part of said system. All such streets shall comply with the provisions set forth in Division 6. (Ord. of 8-8-1997, ch. III, art. II), art. IV, § 3.404; Res. of 8-6-1999, § 6) (Ord. of 8­ 18-2025, § 1 (Exh. A) Sec. 38-206. - Lots. City limits and lot lines. Lots shall not be divided by corporate boundary lines. Lot lines. Insofar as is practical, side lot lines shall be at right angles to street lines and radial to curved street lines. Corner lots. 1. Size generally. Corner lots shall be sufficiently large to permit the location of buildings to conform to the building setback lines from both streets. 2. Building lines. a. Residential building setback lines shall be at least twenty-five feet (25 ft) from the edge of the right-of-way. b. A corner lot shall meet the setback requirements of both streets. c. The building shall be setback from the side and rear lot lines a minimum of fifteen feet (15 ft). Page 112 of 209 ---PAGE BREAK--- Panhandle or flag lots. 1. "Panhandle" or "flag" lots of required width and area will be allowed where terrain makes standard design or frontage impossible or impractical. 2. Where such lots are allowed, the street frontage of each panhandle access shall not be less than sixty feet (60 ft) in width, and the panhandle access shall be not more than three-hundred feet (300 ft) in length. 3. Not more than two such panhandle access points shall abut each other, and if so combined, the width of each panhandle may be reduced to not less than forty feet (40 ft). 4. All such access points or combinations thereof shall be separated from each other by the frontage of a standard lot required under the other provisions of these standards. Lot area. Subdivision lots shall have minimum lot sizes per single-family and two- family unit use, in square feet, as follows: 1. With public water and private septic tank - 43,560 sq. ft. (1 acre) 2. Two family structure, or two separate structures - 87,120 sq. ft. (2 acres) 3. With private well or spring and private septic tank - 65,340 sq. ft. (1.5 acres) 4. Two family structure, or two separate structures - 130,680 sq. ft. (3 acres) 5. All subdivided lots located above twenty-two hundred feet (2,200 ft.) sea level - 435,600 sq. ft. (10 acres) Page 113 of 209 ---PAGE BREAK--- 6. All subdivided lots below twenty-two hundred feet (2,200 ft.) sea level, but greater than twenty-five percent (25%) slope, for one-family structure: a. With public water, and private septic tank - 65,340 sq. ft. (1.5 acres) with a minimum lot width of one hundred fifty feet (150 ft.). b. With private septic tank and private well/spring - 108,900 sq. ft. (2.5 acres) with a minimum lot width of one hundred fifty feet (150 ft.). c. With public water and on-site wastewater treatment and disposal facilities - 65,340 sq. ft. (1.5 acres). d. With public water and on-site wastewater treatment and disposal facilities - 43,560 sq. ft. (1 acre). Street access. Every lot shall have direct access to and from one of the following: 1. A public street, state highway or federal highway. 2. A private street meeting the standards set forth in Division 6 of this Article. There shall be an agreement with the owner of said private street permitting said access. (See Section 38-92(d)5 of Division 1 of this Article) Lot depth. Residential lot depth shall not be less than one-hundred-twenty feet (120 ft) or more than four times the lot width at the building setback line. (Ord. of 8-8-1997, ch. III, art. II), art. IV, § 3.405; Res. of 8-6-1999, § 6; Res. of 12­ 29-2000, § 3; Res. of 5-25-2001, § 1; Res. of 3-20-2004; Res. of 8-8-2006, § 2; Res. Page 114 of 209 ---PAGE BREAK--- of 1-26-2007, § 1; Res. of 2-26-2009, § 1(Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-207. - Easements. Easements may be required in subdivisions for the following purposes: 1. Access easements. Easements required for purposes of access by ingress or egress is at least sixty feet (60 ft) in width. 2. Utility easements. a. When it is found to be necessary and desirable to locate public utility lines in places other than the street rights-of-way, easements shall be shown on the plat for such purposes. b. Such easements shall not be less than thirty feet (30 ft) in width and where possible, shall be centered on rear or side lot lines. 3. Drainage easements. a. Where a proposed subdivision is traversed by a watercourse, drainageway, or stream, appropriate provisions shall be made to accommodate stormwater and drainage through and from the proposed subdivision. b. Such easement shall conform substantially with the lines of such watercourse and be of sufficient width or construction, or both, as to be adequate for the purpose. (Ord. of 8-8-1997, ch. III, art. II), art. IV, § 3.406) (Ord. of 8-18-2025 § 1 (Exh. Page 115 of 209 ---PAGE BREAK--- Secs. 38-208 38-250. - Reserved. DIVISION 6. – STREETS Sec. 38-251. - Purpose. This Division outlines the design and construction standards for public streets and private streets constructed in subdivisions in Unincorporated Pickens County. (Ord. of 8-8-1997, ch. III, art. II), art. V) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-252. - Continuation of existing street pattern. Wherever topography will permit, the arrangement of streets in a subdivision shall provide for the alignment and continuation or projection of existing streets in adjoining areas. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.500) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-253. - Cul-de-sacs. Cul-de-sacs shall be required in all subdivisions in lieu of permanent dead- end streets pursuant to Section 38-258 of this Division. Cul-de-sacs shall terminate in a paved turnaround surface area with a diameter of at least one-hundred feet (100 ft) as measured from the farthest opposite inside curbs. Islands within cul-de-sacs are prohibited. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.501) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-254. – Access to arterials and collectors. Where a subdivision borders on or contains an existing or proposed arterial or collector route, as defined on the Georgia DOT Functional Classification Map, Page 116 of 209 ---PAGE BREAK--- the Planning & Development Department shall require the access to such street be limited by at least one of the following: 1. The subdivision of lots so as to back on the arterial or collector route and front on a parallel minor route. 2. A series of cul-de-sacs, shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the arterial or collector route. 3. A marginal access or service street, separated from the arterial or collector route by a planting or grass strip and having access thereto at suitable points. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.502; Res. of 11-14-2003, § 1) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-255. – Access from a state highway. All subdivisions which are proposed to be accessed from a state-maintained highway must submit plans to the applicable Georgia Department of Transportation office and have such plans approved before the subdivision will be approved pursuant to the approval processes set forth in this Article. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.503) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-256. – Reserve strips. The creation of reserve strips adjacent to a proposed street in such a manner as to deny access from adjacent property to such street shall generally not be permitted. However, in extraordinary circumstances the Planning & Development Department may allow creation of a reserve strip to enable a more appropriate pattern of lots or streets. Where any such reserve strip is created, the Chairperson must agree to any and all future depositions of the reserve strips. Page 117 of 209 ---PAGE BREAK--- A notation to this effect shall be entered on the final plat or approved as an auxiliary instrument attached thereto. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.504) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-257. – Arrangement of continuing streets. The arrangement of streets shall provide for the continuation of major streets between adjacent properties when such continuation is necessary for convenient movements of traffic, effective fire protection, efficient provisions of utilities, and when such continuation is in accordance with the major street plan. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.505) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-258. – Dead-end streets. Permanent dead-end streets in subdivisions shall be prohibited and cul-de­ sacs shall be required in lieu thereof pursuant to Section 38-253 of this Division. A temporary cul-de-sac, temporary or shaped turnabout shall be provided on all temporary dead-end streets in accordance with turnabout standards that shall be determined and applied by the Planning & Development Department in relation to any particular situation, with a notation on the applicable subdivision plat that land outside the normal street right-of-way shall revert to abutting property owners whenever the street is continued. The Planning & Development Department may limit the length of temporary dead-end streets in accordance with the design standards of this Division. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.505) (Ord. of 8-18-2025 § 1 (Exh. Page 118 of 209 ---PAGE BREAK--- Sec. 38-259. - Intersections. This Section is applicable to intersections of new streets in a subdivision, and such intersections shall comply with the standards set forth in Subsections - of this Section. Streets shall be laid out so as to intersect as nearly as possible at right angles. 1. A proposed intersection of two streets at an angle of less than seventy- five degrees (75O) shall not be permitted. 2. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least one-hundred feet (100 ft) therefrom. 3. Not more than two streets shall intersect at any one point unless specifically approved by the Planning & Development Department. Proposed new intersections along one side of an existing street shall coincide, wherever practicable, with any existing intersections on the opposite side of such street. 1. Jogs within streets having center line offsets of less than one-hundred­ fifty feet (150 ft) shall not be permitted, except where the intersected streets have separated dual drives without median breaks at either intersection. 2. Where streets intersect arterial or collector routes, their alignment shall be continuous. 3. Intersections of arterial or collector streets shall be at least eight-hundred feet (800 ft) apart. Minimum curve radius at the intersection of two minor streets shall be forty feet (40 ft), and minimum curve radius at an intersection involving a collector street shall be thirty feet (30 ft). Page 119 of 209 ---PAGE BREAK--- Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement. Where a street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the subdivider shall cut such ground or vegetation, including trees, in connection with the grading of the street right-of-way, to the extent necessary to provide adequate site distance. Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided, having not greater than a two percent grade for a distance of sixty feet (60 ft), measured from the nearest right-of-way line of the intersecting street. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.506) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-260. - Additional right-of-way on proposed streets. The right-of-way widths set forth in Section 38-270 of this Division constitute minimum standards, and in areas of cut or fill the right-of-way must be increased two feet (2 ft.) for each one foot (1 ft.) of material removed for the cut or added for the fill. This additional right-of-way must be added to the side or sides where the cut or fill takes place. The minimum allowable degree of slope on a back slope shall be one and one-half to one (1.5 to 1) and on a fill slope, the degree of slope shall be two to one (2 to (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.507) (Ord. of 8-18-2025 § 1 (Exh. Page 120 of 209 ---PAGE BREAK--- Sec. 38-261. - Additional width on existing streets. In subdivisions that adjoin existing streets, the subdivider shall dedicate additional right-of-way to meet the minimum street width requirements set forth in Subsections and herein. The entire right-of-way shall be provided where any part of the subdivision is on both sides of the street. When the subdivision is located on one side of an existing street, one- half of the required right-of-way measured from the centerline of the existing street, shall be provided. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.508) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-262. - Street names. Streets that are extensions of, or obviously in alignment with, existing named streets, shall bear that name. The names of new streets shall be approved by the E- 911 Department and shall not duplicate or be similar in sound to existing names, irrespective of the use of the suffix street, avenue, circle, way, boulevard, drive, place, or court. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.509; Res. of 2-26-2009, § 1(Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-263. - Railroads and limited access highways. Railroad rights-of-way and limited access highways, where so located as to affect the subdivision of adjoining lands, shall be treated in accordance with Subsections – of this Section. In residential areas, a buffer strip at least twenty-five feet (25 ft) in depth in addition to the normally required depth of the lot may be required adjacent to the railroad right-of-way or limited access highway. Page 121 of 209 ---PAGE BREAK--- This strip shall be part of the platted lots and shall be designated on the plat: "This strip is reserved for screening; the placement of structures hereon is strictly prohibited." In commercial or industrial areas, the nearest street extending parallel or approximately parallel to the railroad shall, wherever practical, be at a sufficient distance therefrom to ensure suitable depth of commercial or industrial sites. Streets parallel to a railroad, when intersecting a street which crosses the railroad at grade, shall to the extent practical, be at a distance of at least one- hundred-fifty feet (150 ft) from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.510) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-264. - Bridges. Bridges of primary benefit to the subdivider shall be constructed at the full expense of the subdivider without reimbursement from the Pickens County Government. The engineering design of all bridges shall be submitted for review to the Planning & Development Department, by the Public Works Department, the Fire Marshal and other applicable departments and parties. Any bridge or passageway not on solid ground shall be engineered to support seventy-five thousand pounds (75,000 lbs.) or more by a State of Georgia approved engineer. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.511) (Ord. of 8-18-2025 § 1 (Exh. Page 122 of 209 ---PAGE BREAK--- Sec. 38-265. - Half streets. Half streets shall be prohibited. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.512) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-266. – Split-level streets. Split-level streets shall be prohibited. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.513) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-267. - One-way streets. One-way streets shall require the affirmative approval of the Planning & Development Department. Any one-way street shall fully meet the minimum standards of standard two- way streets, such as right-of-way, pavement and shoulder-width standards. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.514) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-268. – Ingress and egress requirements. The Planning & Development Department may require any subdivision that contains fifteen (15) or more primary structures to have two means of ingress and egress. Said means of ingress and egress shall comply with the requirements imposed by Section 38-270 of this Division and with the standards imposed by Appendix D of the IFC (International Fire Code) subject to the provisions of Subsection of this Section. The distance between each means of ingress and egress shall be equal to not less than one-half (1/2) of the length of the maximum overall diagonal Page 123 of 209 ---PAGE BREAK--- dimension of the property or area to be served, measured in a straight line between the means of ingress and egress. Should there be a conflict between or ambiguity regarding the respective standards imposed by Section 38-270 and said Appendix D, the strictest standard shall prevail. In all cases: 1. Access streets must be designed and maintained to support the weight and width of a Fire apparatus. 2. Any bridge or passageway not on solid ground shall meet the requirements of Section 38-264(c). Ord. of 8-8-1997, ch. III, art. V, § 3.514) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-269. - Alleys. Alleys or service drives may be required at the rear of all lots used for multifamily, commercial, or industrial developments, but shall not be provided in one-family and two-family residential developments unless the alley or service drive is to provide secondary access to a lot(s) whose natural grade is/are more than twelve feet (12 ft) above the finished street grade, or unless the subdivider produces evidence satisfactory to the Planning & Development Department of the need for an alley or service drive. Subdivisions over five acres in area in which all or some of the lots are located along public streets shall be required to place a service drive or alley to access the lots, and if so, this private roadway shall be maintained by the owners of the lots and shall meet standards for private streets set forth in this Division. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.515; Res. of 8-6-1999, § 6; Res. of 11­ 14-2003, § 1) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-270. – Dimensional and paving requirements for all streets. Page 124 of 209 ---PAGE BREAK--- Pickens County Minimum Requirements All residential developments accessing a public street must meet minimum AASHTO Standards for acceleration/deceleration lanes, entrances and paving. All street bases shall be compacted to a maximum density of one- hundred percent (100%) compaction. The material shall be deposited and spread by means of a spreader box or other approved mechanical equipment and compacted with a roller at the proper moisture content. The base shall be covered with prime coat asphalt. The materials and construction methods shall comply with the latest Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges. Page 125 of 209 ---PAGE BREAK--- (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.517; Res. of 8-6-1999, § 6; Res. of 5­ 25-2001, § 1; Res. of 1-26-2007, § 1) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-271. - Inspections. The subdivider shall coordinate his or her street construction with the Planning & Development Department to accommodate comprehensive inspections at the following points in the paving process: 1. Sub-grading 2. Top-of-base 3. Top-of-topcoat The base grading, drainage and utilities shall be approved by the Planning & Development Department before any surface base shall be applied to the street by test roll method or any test necessary to determine compliance. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.518) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-272. - Drainage. Water shall be diverted across streets by the use of pipe. Coated corrugated steel pipe or an alternative approved by the Public Works Department shall be acceptable if properly installed. 1. The pipe shall be a minimum of two feet (2 ft) below the bottom of the road base. 2. The backfill material shall be clean and solidly tamped about the pipe. 3. The discharge end of the cross drain shall be stabilized using rip-rap rock for a distance of eight times the diameter of the pipe. 4. All pipes shall have headwalls. Page 126 of 209 ---PAGE BREAK--- All driveways constituting access points made onto public streets or onto private streets must have a properly installed pipe to promote and/or allow proper drainage under such entrance. 1. The pipe shall be a minimum of twenty feet (20 ft) in length. 2. In no case shall the pipe be smaller than eighteen inches (18 in) in diameter. All streets, entrances or other access points made onto public streets or onto private streets must have a properly installed pipe to promote and/or allow proper drainage under such entrance. 1. The pipe shall be of sufficient size to carry expected amounts of runoff. 2. In no case shall the pipe be smaller than eighteen inches (18 in) in diameter. 3. The pipe shall be installed according to standard industry standards and covered with sufficient fill to support expected loads. The pipe length for entrance streets and other access points will be determined so as to provide a minimum seventeen feet (17 ft) of shoulder on each side of the required street width. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.520) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-273. - Stabilizing the right-of-way. The right-of-way shall be stabilized as specified in the soil erosion and sedimentation control plan before final plat approval will be granted. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.521) (Ord. of 8-18-2025 § 1 (Exh. Page 127 of 209 ---PAGE BREAK--- Sec. 38-274. - Signs. The subdivider shall install street name signs, traffic control signs and any other signs deemed necessary by the Planning & Development Department. The sign design, material and method of installation shall be approved by the Chairperson. (Ord. of 8-8-1997, ch. III, art. II), art. V, § 3.522) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-275. - Maintenance and classification of streets. All subdivision streets shall be deemed private streets until such time as the street is accepted by the Board of Commissioners as a part of the Pickens County Road System pursuant to O.C.G.A. § 32-4-40 and a right-of-way deed is appropriately executed and recorded in the Office of the Pickens County Georgia Clerk of Courts and in the meeting minutes of the Board of Commissioners. All public improvements constructed within the subdivision shall be maintained by the subdivider for a period of two years after final plat approval. Thereafter, the maintenance of such public improvements shall be the responsibility of the property owners association as such associations are provided for in Division 9 of this Article. The Board of Commissioners shall not be obligated to accept the streets of any subdivision streets into the Pickens County Road System and no street shall be accepted by the Board of Commissioners therein until the following has occurred: 1. The expiration of two years from the date of the final plat approval. 2. A satisfactory inspection of the street construction by the Public Works Department and an engineer duly licensed by the Georgia Professional Engineers and Land Surveyors Board. Page 128 of 209 ---PAGE BREAK--- Said inspection will not occur until requested by the owner of the street. 3. All taxes assessed against the street are paid. (Res. of 8-6-1999, § 6; Res. of 2-26-2009, § 1(Exh. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-276 38-300. - Reserved. DIVISION 7. - UTILITIES Sec. 38-301. - Water. When the Planning & Development Department determines that public water is within a reasonable distance of the subdivision, the subdivider shall be required to extend the water system into his development at his expense. 1. The water extension shall be approved by the Georgia Department of Natural Resources, Environmental Protection Division, and installed according to the standards set by the utility. 2. Each subdivision which uses public water shall at a minimum have one fire hydrant at the entrance to the subdivision, and more may be required by the Planning & Development Department and/or Pickens County Fire & Rescue, as either deem necessary, based on density and water line capacity. A private water system must be approved by the Georgia Department of Natural Resources and shall: 1. Have a minimum of one centrally located fire hydrant per four units or lots. 2. Meet other fire prevention and suppression requirements as may be deemed necessary by Pickens County Fire & Rescue 3. Comply with the ownership and maintenance provisions outlined in Division 9 of this Article. Page 129 of 209 ---PAGE BREAK--- Page 130 of 209 4. Meet or exceed the standards for materials and installation required by Pickens County Planning & Development, which shall consider guidance from the Pickens County Water Department. When a water main is located in a street right-of-way and it will be necessary to cut into the street surface to serve the abutting lots, a connection shall be stubbed out to the property line to serve each lot before the street base is applied. (Ord. of 8-8-1997, ch. III, art. II), art. VI, § 3.600; Res. of 8-8-2006, § 2; Res. of 2­ 26-2009, § 1(Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-302. – Utilities other than water. For purposes of utilities, other than water, the subdivider will contact any applicable service provider of utilities during the design phase of the subdivision to work out the details of where the service lines will be run. (Ord. of 8-8-1997, ch. III, art. II), art. VI, § 3.601) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-303. - Underground utility placement. All underground utility placement shall comply with the "Utility Placement Detail" as attached hereto and made a part hereof. ---PAGE BREAK--- (Res. of 2-26-2009, § 1(Exh. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-304 38-320. - Reserved. DIVISION 9. - PERFORMANCE SECURITY Sec. 38-321. - Purpose. In lieu of the completion of the required improvements necessary for final plat approval, the Chairperson may accept a bond or letter of credit in a form and amount satisfactory to him or her, providing for and securing to the Pickens County Government the actual construction and installation of such improvements within a specified period of time, not to exceed one year. (Ord. of 8-8-1997, ch. III, art. II), art. VIII, § 3.800) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-322. - Letter of credit requirements. The subdivider shall provide a letter of credit utilizing the form specified in Subsection of this Section to the Planning & Development Department from a bank or other reputable institution, subject to the approval of the Chairperson. Said letter of credit shall be deposited with the Office of the Pickens County Georgia Clerk of Courts. Said letter of credit shall certify the following: Page 131 of 209 ---PAGE BREAK--- 1. That the creditor does guarantee funds in an amount equal to the cost, as estimated by the subdivider and approved by the Chairperson, of completing all required improvements. 2. That, in the case of failure on the part of the subdivider to complete the specified improvements within the required time period, the creditor shall pay to the Pickens County Government immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. 3. That the letter of credit may not be withdrawn, or reduced in amount, until released by the Chairperson. Letter of Credit – Subdivider’s Form PICKENS COUNTY GOVERNMENT - - LETTER OF CREDIT ­ SUBDIVIDER'S FORM WHEREAS Principal herein, is the owner and subdivider of the Subdivision, Unit located in Pickens County, Georgia; and WHEREAS the Preliminary Plat plans and specifications of said Subdivision showing the location, construction, and installation of improvements therein have been filed with the Pickens County Planning & Development Department and approved by the Chairperson of the Pickens County Board of Commissioners and which are hereby referred to and made part of this instrument, as if fully copied and set forth herein; and, WHEREAS the Principal herein does hereby obligate itself and does agree to complete the construction and installation of said improvements in the said Subdivision in accordance with the said Preliminary Plat plans and specifications now on file, and as bounded and modified by the final plat of Subdivision, Unit approved by said Commission. Page 132 of 209 ---PAGE BREAK--- NOW THEREFORE, as Principal, does hereby firmly bind itself, its heirs, executors, administrators, and successors and assigns unto the Pickens County Government in the sum of conditioned upon Subdivision, Unit in the construction and installation of all improvements herein called for, the same improvements to be completed on or before the day of and upon the completion thereof this obligation to be null and void, otherwise to remain in full force and effect. If the Principal fails to complete the construction and installation of all the improvements of said Subdivision as shown and provided for by said plans and specifications herein referred to or has not obtained an extension of the above completion date prior to the completion date herein above specified, then the Pickens County Government shall be entitled to perform the construction and installation of the improvements herein above referred to and the Principal shall pay or cause to be paid to the Pickens County Government such sums as may be necessary to complete said improvements, as secured by an irrevocable Letter of Credit, terminating no sooner than weeks after the completion date for said improvements above mentioned, executed with this instrument, but not to exceed the amount referred to herein. WITNESS OUR HANDS this the day of By: Address: Signature: (Ord. of 8-8-1997, ch. III, art. II), art. VIII, § 3.801) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-323. - Time limits. Prior to the granting of final plat approval, the subdivider and the Planning & Development Department shall agree upon a deadline for the completion of all required improvements, such deadline not to exceed one year from the date of final plat approval. Page 133 of 209 ---PAGE BREAK--- (Ord. of 8-8-1997, ch. III, art. II), art. VIII, § 3.802) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-324. - Release of guarantee. Upon acceptance by the appropriate official of the dedication of the final portion of improvements, the Chairperson shall authorize the release of the letter of credit. (Ord. of 8-8-1997, ch. III, art. II), art. VIII, § 3.803) (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-325 38-340. - Reserved. DIVISION 9. - PROPERTY OWNERS ASSOCIATIONS. Sec. 38-341. - Property owners association required for commonly owned improvements in a private development. All commonly owned property in a subdivision shall be owned, managed and maintained by a legally constituted property owners association. The legal document creating the property owners association shall be approved by an attorney representing the Pickens County Government before the final plat will be approved by the Planning & Development Department. At a minimum, the legal document creating the property owners association shall contain provisions for: 1. Mandatory membership of all property owners. 2. Provisions for insuring that the necessary revenues are collected from the members to maintain the facilities. 3. A deed from the subdivider shall be made to the property owners association making the association the sole owner of all private streets, recreation areas, water systems and other improvements. Page 134 of 209 ---PAGE BREAK--- 4. Rules and regulations on how the association shall conduct its business. 5. Acknowledgement that certain public services may not be provided by the Pickens County Government. (Ord. of 8-8-1997, ch. III, art. II), art. X) (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-342 38-380. - Reserved. III. AMENDMENT OF ARTICLE VI [ACCESS CONTROL] of CHAPTER 38 [LAND DEVELOPMENT STANDARDS]. That the Code of Ordinances, Pickens County, Georgia is hereby amended by amending Article VI [ACCESS CONTROL] of Chapter 38 [LAND DEVELOPMENT STANDARDS] by deleting it in its entirety as follows: ARTICLE VI. – ACCESS CONTROL. Sec. 38-546. - Purpose. In order to expedite the movement of traffic, to promote the safety of the motorist and pedestrian, and to minimize traffic congestion and conflict, it is necessary to regulate the points of vehicular access to public roads. To accomplish this goal the following standards shall apply to access control points in the county. (Ord. of 8-8-1997, ch. VII, art. I, § 7.100) Sec. 38-547. - Access plans required. All commercial and industrial establishments and residential units must file an access plan with the county development officer when applying for an access permit. The plan shall contain the information required in section 38-548 and shall meet the minimum standards outlined in this article. There shall be a minimum 72-hour review process. (Ord. of 8-8-1997, ch. VII, art. I, § 7.101; Res. of 8-6-1999, § 6) Sec. 38-548. - Access plan requirements. Page 135 of 209 ---PAGE BREAK--- An access control plan shall be drawn to scale and shall contain the following information: The street name, right-of-way, surface width and surface type of the road from which access is desired. The desired point of access in relation to property lines, and any existing access points within 500 feet in both directions of the desired access point on both sides of the road. The drainage system of the road from which access is desired within 500 feet in either direction of the point of access and how the proposed access will drain into the road drainage system. The distance of sight in each direction from the point of access for a distance of 500 feet. The design of the access point to include the width, alignment, and surface type. Show an acceleration and deceleration lane or lanes as required. (Ord. of 8-8-1997, ch. VII, art. I, § 7.102) Sec. 38-549. - General access regulations. The maximum width of all access points shall be 30 feet measured at the property line except when the development requiring access generates high overall or high peak traffic volumes, the county development officer may approve a wider channelized access point to allow various turning movements for greater traffic control and safety. Temporary accessways may be granted by the county development officer at locations other than those specified for permanent access where it is expedient for the purpose of staged development. Temporary accessways shall be closed when permanent access to the property is completed. Page 136 of 209 ---PAGE BREAK--- No off-street vehicular storage or parking area shall be allowed where the arrangement requires that vehicles back directly into a public street right-of­ way. In all commercial developments where a lot abuts more than one street, the county development officer may require that the access be from the street of lowest classification when necessary to lessen serious congestion on the major street. Gasoline service stations shall be allowed two access points onto the same street to allow proper circulation past gasoline pumps. This is regardless of lot width or street classification provided the required plan is approved by the county development officer. In order to limit the number of individual access points to an arterial or collector street, the county development officer shall encourage and may require the development of frontage roads and interconnecting interior circulation drives. Frontage roads are those which parallel the existing street and extend across the entire frontage of a particular large property or group of properties. Frontage roads may be required to provide safe and efficient public access to individual properties eliminating the traffic congestion which would be caused if each parcel had its own access onto the arterial or collector street. Access points between the frontage road and the main thoroughfare shall be no closer together than 500 feet and no closer together than 300 feet (measured along the street right-of-way) along collector streets. All frontage roads shall be built to the standards specified in section 38-101 et seq. of this chapter and shall be dedicated as public streets. Access requirements for property served by a frontage road shall be the same as for property fronting a minor street (i.e. at least 100 feet apart) except that the county development officer may also allow a regrouping of access points onto the frontage road in accordance with an approved site plan which does not destroy the intent of these access control provisions. Interior circulation drives are needed in large developments which require large parking areas. These drives interconnect all parking lot access Page 137 of 209 ---PAGE BREAK--- points with all buildings and areas of vehicular traffic, parking, loading and servicing. They are constructed to provide safe and efficient vehicular movement between specified access points of a development or a series of developments. The county development officer shall encourage and may require that the interior circulation drives of adjacent developments be connected to eliminate the need to use the public streets to drive from one to another. All circulation drives shall be clearly defined and marked appropriately with arrows, etc., to assist public circulation into and out of the property and its parking areas. An area of land not less than ten-foot deep shall be provided between the public street right-of-way line and the edge of all proposed frontage roads or interior circulation drives. This area will separate the roadways with a minimum turning radius. Such area shall be landscaped and grassed. The width, placement and design of frontage roads and interior circulation drives shall be approved by the county development officer. (Ord. of 8-8-1997, ch. VII, art. I, § 7.103) Sec. 38-550. - Specific access points for state highways. All lots having between 100 and 300 feet of frontage shall have no more than one point of access to a state highway. For lots with over 300 feet of frontage, additional access points shall be allowed provided they are spaced at least 300 feet apart from each other and from the first access point. For development generating high overall or high peak traffic volumes, the county development officer may lessen the distance between access points to allow improved access provided a carefully planned pattern of internal and external channelization is prepared and approved. When a lot of record fronting a state highway has less than 100 feet of frontage, the county development officer shall first attempt to obtain joint access with either adjacent property or access onto a frontage road. If this is not feasible, one single access point may be allowed, and should be located with consideration to the distance to the access points on the adjacent lots. (Ord. of 8-8-1997, ch. VII, art. I, § 7.104) ARTICLE VI. – RESERVED. Page 138 of 209 ---PAGE BREAK--- Secs. 38-546 38-580. - Reserved. IV. AMENDMENT OF ARTICLE X [SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL] OF CHAPTER 38 [LAND DEVELOPMENT STANDARDS]. That the Code of Ordinances, Pickens County, Georgia is hereby amended by amending Article X [SOIL EROSION SEDIMENTATION AND POLLUTION CONTROL] of Chapter 38 [LAND DEVELOPMENT STANDARDS] in its entirety as follows: ARTICLE X. – SOIL EROSION SEDIMENTATION AND POLLUTION CONTROL. Footnotes: Editor's note— Res. of 4-23-2010, § 1, amended Art. X in its entirety to read as herein set out. Former Art. X, 38-686—38-694, pertained to soil erosion and sedimentation control and derived from Res. of 3-20-2004, § 1. Sec. 38-686. - Title. This article will be known as "Pickens County Soil Erosion, Sedimentation and Pollution Control Ordinance." (Amd. of 4-23-2010, § 1(Exh. Sec. 38-687. - Definitions. The following definitions shall apply in the interpretation and enforcement of this article, unless otherwise specifically stated. Best management practices (BMPs). These include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the commission as of January 1 of the year in which the land-disturbing activity was permitted. Page 139 of 209 ---PAGE BREAK--- Board. The board of natural resources. Buffer. The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. Certified personnel. A person who has successfully completed the appropriate certification course approved by the state soil and water conservation commission. Commission. The state soil and water conservation commission CPESC. Certified professional in erosion and sediment control with current certification by Certified Profession in Erosion and Sediment Control Inc., a corporation registered in North Carolina, which is also referred to as CPESC or CPESC, Inc. Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation. Department. The state department of natural resources (DNR). Design professional. A professional licensed by the state in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a certified professional in erosion and sediment control (CPESC) with a current certification by Certified Professional in Erosion and Sediment Control Inc. Director. The director of the environmental protection division or an authorized representative. District. The Limestone Valley Soil and Water Conservation District. Division. The environmental protection division (EPD) of the department of natural resources. Drainage structure. A device composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water Page 140 of 209 ---PAGE BREAK--- from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes. Erosion. The process by which land surface is worn away by the action of wind, water, ice or gravity. Erosion, sedimentation and pollution control plan. A plan required by the Erosion and Sedimentation Act, O.C.G.A. ch. 12-7, that includes, as a minimum protections at least as stringent as the state general permit, best management practices, and requirements in subsection 38-689(c) of this article. Fill. A portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation. Final stabilization. All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of. planted trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction. Finished grade. The final elevation and contour of the ground after cutting or filling and conforming to the proposed design. Grading. Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. Page 141 of 209 ---PAGE BREAK--- Ground elevation. The original elevation of the ground surface prior to cutting or filling. Land-disturbing activity. Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in subsection 38-688(5). Larger common plan of development or sale. A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot. Local issuing authority. The governing authority of any county or municipality which is certified pursuant to subsection of O.C.G.A. § 12­ 7-8. Metropolitan River Protection Act (MRPA). A state law referenced as O.C.G.A. § 12-5-440 et seq. which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. Natural ground surface. The ground surface in its original state before any grading, excavation or filling. Nephelometric turbidity units (NTU). Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present. NOI. A notice of intent form provided by EPD for coverage under the state general permit. Page 142 of 209 ---PAGE BREAK--- NOT. A notice of termination form provided by EPD to terminate coverage under the state general permit. Operator. The party or parties that have: 1. Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or 2. Day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions. Outfall. The location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water. Permit. The authorization necessary to conduct a land-disturbing activity under the provisions of this article. Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity. Phase or phased. Sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site. Project. The entire proposed development project regardless of the size of the area of land to be disturbed. Properly designed. Designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Page 143 of 209 ---PAGE BREAK--- Control in Georgia" (Manual) published by the state soil and water conservation commission as of January 1 of the year in which the land- disturbing activity was permitted and amendments to the manual as approved by the commission up until the date of NOI submittal. Roadway drainage structure. A device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. Sediment. Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion. Sedimentation. The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity. Soil and water conservation district approved plan. An erosion, sedimentation and pollution control plan approved in writing by the Limestone Valley Soil and Water Conservation District. Stabilization. The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. State general permit. The National Pollution Discharge Elimination System (NPDES) general permit or permits for storm water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. section 1251, et seq., and O.C.G.A. § 12-5-30(f). State waters. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the Page 144 of 209 ---PAGE BREAK--- boundaries of Georgia which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. Structural erosion, sedimentation and pollution control practices. Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia. Trout streams. All streams or portions of streams within the watershed as designated by the wildlife resources division of the state department of natural resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20, in the Rules and Regulations for Water Quality Control, chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self- sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. Vegetative erosion and sedimentation control measures. Measures for the stabilization of erodible or sediment-producing areas by covering the soil with. 1. Permanent seeding, sprigging or planting, producing long-term vegetative cover; or 2. Temporary seeding, producing short-term vegetative cover; or 3. Sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia. Page 145 of 209 ---PAGE BREAK--- Watercourse. Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Amd. of 4-23-2010, § 1(Exh. Sec. 38-688. - Exemptions. This article shall apply to any land-disturbing activity undertaken by any person on any land except for the following: 1. Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968"; 2. Granite quarrying and land clearing for such quarrying; 3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion; 4. The construction of single-family residences, when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A. § 12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any Page 146 of 209 ---PAGE BREAK--- such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of O.C.G.A. § 12-7-6(b) and the buffer zones provided by this paragraph shall be enforced by the local issuing authority; 5. Agricultural operations as defined in O.C.G.A. § 1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds; 6. Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in subsections 38-689(c)(15) and (c)(16) of this article, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices; 7. Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture; Page 147 of 209 ---PAGE BREAK--- 8. Any project involving less than one acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, "state waters" excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the local issuing authority from regulating any such project which is not specifically exempted by subsections through or (10) of this section; 9. Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the department of transportation, the state highway authority, or the state road and tollway authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the department of transportation or the state road and tollway authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.1; except where the department of transportation, the Georgia Highway Authority, or the state road and tollway authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; Page 148 of 209 ---PAGE BREAK--- 10. Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36­ 18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United states engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and 11. Any public water system reservoir. (Amd. of 4-23-2010, § 1(Exh. Sec. 38-689. - Minimum requirements for erosion, sedimentation and pollution control using best management practices. a. General. The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The local issuing authority shall review the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood damage prevention ordinance, this article, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the local issuing authority. However, the owner and/or operator are the only parties who may obtain a permit. Page 149 of 209 ---PAGE BREAK--- b. Application requirements. 1. No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the county without first obtaining a permit from the county planning and development office to perform such activity and providing a copy of notice of intent submitted to EPD if applicable. 2. The application for a permit shall be submitted to the county planning and development office and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in subsection of this section. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of subsections 38-689 (b)and of this article will be met. Applications for a permit will not be accepted unless accompanied by four copies of the applicant's erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10. 3. In addition to the local permitting fees, fees will also be assessed pursuant to O.C.G.A. § 12-5-23(a)(5), provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to O.C.G.A. § 12-7-8(a) half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. Page 150 of 209 ---PAGE BREAK--- 4. Immediately upon receipt of an application and plan for a permit, the local issuing authority shall refer the application and plan to the district for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The district shall approve or disapprove a plan within 35 days of receipt. Failure of the district to act within 35 days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the local issuing authority. No permit will be issued unless the plan has been approved by the district, and any variances required by subsections 38­ 689(c)(15) and (c)(16) of this article, has been obtained, all fees have been paid, and bonding, if required as per subsection of this section have been obtained. Such review will not be required if the local issuing authority and the district have entered into an agreement which allows the local issuing authority to conduct such review and approval of the plan without referring the application and plan to the district. The local issuing authority with plan review authority shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the local issuing authority with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal. 5. If a permit applicant has had two or more violations of previous permits, this article section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the local issuing authority may deny the permit application. 6. The local issuing authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land- disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically Page 151 of 209 ---PAGE BREAK--- providing for hearing and judicial review of any determination or order of the local issuing authority with respect to alleged permit violations. c. Plan requirements. 1. Plans must be prepared to meet the minimum requirements as contained in subsections 38-689 (b)and of this article, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this article. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and state laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land-disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the commission and in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20. 2. Data required for site plan shall include all the information required from the appropriate erosion, sedimentation and pollution control plan review checklist established by the commission as of January 1 of the year in which the land-disturbing activity was permitted. d. Permits. 1. Permits shall be issued or denied as soon as practicable but in any event not later than 45 days after receipt by the local issuing authority of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken. Page 152 of 209 ---PAGE BREAK--- 2. No permit shall be issued by the local issuing authority unless the erosion, sedimentation and pollution control plan has been approved by the district and the local issuing authority has affirmatively determined that the plan is in compliance with this article, any variances required by subsection 38-689(c)(15) and (c)(16) of this article are obtained, bonding requirements, if necessary, as per subsection of this section are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the local issuing authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant. 3. Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of this article, and any other ordinances relating to land development, as are applied to private persons and the division shall enforce such requirements upon the local issuing authority. 4. If the tract is to be developed in phases, then a separate permit shall be required for each phase. 5. The permit may be suspended, revoked, or modified by the local issuing authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this article. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 6. The LIA may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. § 12-7-7(f)(1). (Amd. of 4-23-2010, § 1(Exh. Sec. 38-691. - Inspection and enforcement. a. The county planning and development officer will periodically inspect the sites of land-disturbing activities for which permits have been issued to Page 153 of 209 ---PAGE BREAK--- determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the local issuing authority shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this article, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land- disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article. b. The local issuing authority must amend its ordinances to the extent appropriate within 12 months of any amendments to the Erosion and Sedimentation Act of 1975. c. The county land development office shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this article, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities. d. No person shall refuse entry or access to any authorized representative or agent of the local issuing authority, the commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.(e) Page 154 of 209 ---PAGE BREAK--- e. The district or the commission or both shall semi-annually review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). The district or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion, sedimentation and pollution control program. The district or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found. f. The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the county or municipality does not take necessary corrective action within 90 days after notification by the division, the division shall revoke the certification of the county or municipality as a local issuing authority. (Amd. of 4-23-2010, § 1(Exh. Sec. 38-692. - Penalties and incentives. a. Failure to obtain a permit for land-disturbing activity. If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this article without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the local issuing authority. Page 155 of 209 ---PAGE BREAK--- b. Stop-work orders. 1. For the first and second violations of the provisions of this article, the director or the local issuing authority shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the director or the local issuing authority shall issue a stop-work order requiring that land- disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the director or the local issuing authority shall issue an immediate stop-work order in lieu of a warning; 2. For a third and each subsequent violation, the director or the local issuing authority shall issue an immediate stop-work order; and 3. All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. 4. When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the local issuing authority or by the director or his or her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the local issuing authority or by the director or his or her designee. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls. c. Bond forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice Page 156 of 209 ---PAGE BREAK--- shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of subsection 38-690(b)(6) of this article. The local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. d. Monetary penalties. 1. Any person who violates any provisions of this article, or any permit condition or limitation established pursuant to this article, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this article shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this article, notwithstanding any provisions in any city charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this article under county ordinances approved under this article shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation. (Amd. of 4-23-2010, § 1(Exh. Sec. 38-693. - Education and certification. a. Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed Page 157 of 209 ---PAGE BREAK--- by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20. b. For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land- disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit. c. Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this article. d. If a state general permittee who has operational control of land- disturbing activities for a site has met the certification requirements of O.C.G.A. § 12-7-19(b)(1), then any person or entity involved in land- disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in O.C.G.A § 12-7-19(b)(4) and shall not be required to meet any educational requirements that exceed those specified in said paragraph. (Amd. of 4-23-2010, § 1(Exh. Sec. 38-694. - Administrative appeal judicial review. a. Administrative remedies. The suspension, revocation, modification or grant with condition of a permit by the local issuing authority upon finding that the holder is not in compliance with the approved erosion, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a Page 158 of 209 ---PAGE BREAK--- hearing before the county board of appeals within 20 days after receipt by the local issuing authority of written notice of appeal. b. Judicial review. Any person, aggrieved by a decision or order of the local issuing authority, after exhausting his administrative remedies, shall have the right to appeal denovo to the county superior court. (Amd. of 4-23-2010, § 1(Exh. Sec. 38-695. - Effectivity, validity and liability. a. Effectivity. This article shall become effective on the 23rd day of April, 2010. b. Validity. If any section, paragraph, clause, phrase, or provision of this article shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this article. c. Liability. 1. Neither the approval of a plan under the provisions of this article, nor the compliance with provisions of this article shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the local issuing authority or district for damage to any person or property. 2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit. 3. No provision of this article shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any waters of the state as defined thereby. (Amd. of 4-23-2010, § 1(Exh. Page 159 of 209 ---PAGE BREAK--- Secs. 38-696—38-849. - Reserved DIVISION 1 – GENERALLY Sec. 38-686 – Intent and general administration. The Board of Commissioners of Pickens County, Georgia (Board of Commissioners”) hereby declares that effective soil erosion and sedimentation and pollution control in strict accordance with Chapter 7, “Control of Soil Erosion, Sedimentation and Pollution Control” of Title 12, “Conservation and Natural Resources”, of the Official Code of Georgia Annotated within the jurisdictional boundaries of Pickens County, Georgia constitutes an essential element of the effective governing and policing thereof for the purpose of protecting and preserving public safety, health, welfare and quality of life therein. Through this Article X, “Soil Erosion, Sedimentation and Pollution Control” of Chapter 38, Land Development Standards” of the Code of Ordinances, Pickens County, Georgia, as adopted and amended pursuant to O.C.G.A. § 36-1-20 for the purpose of governing and policing of the unincorporated areas of Pickens County, the Board of Commissioners intends to ensure the most effective control of soil erosion and sedimentation possible to achieve the objectives stated in Subsection of this Section. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-687 – General administration. The provisions of this Article shall be administered in accordance with applicable provisions of Georgia law, Article I, “General Administration and Enforcement” of this Chapter 38 and Chapter 1 of this Code of Ordinances, Pickens County, Georgia. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-688 – Supplemental administrative provisions. Supplemental provisions. Page 160 of 209 ---PAGE BREAK--- The general administration of this Article shall be supplemented by this Section. Monetary Penalties. 1. Any person who violates any provisions of this Article, or any permit condition or limitation established pursuant to this Article, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director issued as provided in this Article shall be liable for a civil penalty not to exceed $2,500.00 per day. 2. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this Article shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. 3. Each day during which violation or failure or refusal to comply continues shall be a separate violation. Administrative appeals. 1. The suspension, revocation, modification or grant with condition of a permit by the issuing authority through the Planning & Development Department or other designated agent upon finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any article; is subject to appeal. 2. The request for such appeal shall be filed with the Planning & Development Department and shall include specific information regarding the nature of the appeal, the basis for the appeal, statute or code references, and supporting documentation. 3. The receipt of a notice of appeal shall entitle the appellant a hearing before the Board of Commissioners within thirty (30) days of receipt of the request for appeal. Page 161 of 209 ---PAGE BREAK--- Judicial review. 1. Any person, aggrieved by a decision or order of the Local Issuing Authority, after exhausting his administrative remedies shall have the right to appeal de novo to the Magistrate Court of Pickens County by filing a notice of appeal therewith within thirty (30 days) of the decision of the Board of Commissioners. 2. The decision of the Magistrate Court of Pickens County may be appealed by writ of certiorari granted by the Superior Court of Pickens County within 30 days of the magistrate court judgment. Liability 1. Neither the approval of a plan under the provisions of this Article, nor the compliance with provisions of this Article shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the issuing authority or district for damage to any person or property. 2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Article or the terms of the permit. 3. No provision of this Article shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved hereunder or pollute any waters of the state as defined thereby. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-689 38-720. - Reserved. DIVISION 2. – TECHNICAL STANDARDS AND PROCEDURES Sec. 38-721 – Definitions. Page 162 of 209 ---PAGE BREAK--- Best management practices (“BMPs). BMPs include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the ‘Manual for Erosion and Sediment Control in Georgia’ published by the Commission as of January 1 of the year in which the land- disturbing activity was permitted. Board. The Board of Natural Resources. Buffer. The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. Certified personnel. A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission. Commission. The Georgia Soil and Water Conservation Commission CPESC. Certified Professional in Erosion and Sediment Control with current certification by EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc. Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation. Department. The Georgia Department of Natural Resources (DNR). Design professional. A professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by EnviroCert, Inc. Design Professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure. Director. The Director of the Environmental Protection Division or an authorized representative. Page 163 of 209 ---PAGE BREAK--- District. The Limestone Valley Soil and Water Conservation District. Division. The Environmental Protection Division (EPD) of the Department of Natural Resources. Drainage structure. A device composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes. Erosion. The process by which land surface is worn away by the action of wind, water, ice or gravity. Erosion, sedimentation and pollution control plan. A plan required by the Erosion and Sedimentation Act, O.C.G.A. § 12-7, that includes, as a minimum protection at least as stringent as the State General Permit, best management practices, and requirements in Section 38-723(c) of this Article. Fill. A portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation. Final stabilization. All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or landscaped according to the Plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the Manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction. Finished grade. The final elevation and contour of the ground after cutting or filling and conforming to the proposed design. Grading. Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. Page 164 of 209 ---PAGE BREAK--- Ground elevation. The original elevation of the ground surface prior to cutting or filling. Land-disturbing activity. Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in Section 38-722 of this Article. Larger common plan of development or sale. A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, “plan” means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot. Local issuing authority. 1. As used in this Article, the terms “a local issuing authority” and “any local issuing authority” mean the governing authority of any county or municipality which is certified as a local issuing authority O.C.G.A. § 12-7-8(a). 2. As used in this Article, the term “the Local Issuing Authority” means the governing authority of Pickens County, Georgia as certified pursuant to O.C.G.A. § 12-7-8(a). 3. The Planning & Development Department is assigned administrative and enforcement responsibilities for the governing authority of Pickens County, that is, the Local Issuing Authority. Metropolitan River Protection Act (“MRPA”). A state law referenced as O.C.G.A. § 12-5-440 et.seq. which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. Natural ground surface. The ground surface in its original state before any grading, excavation or filling. Page 165 of 209 ---PAGE BREAK--- Nephelometric turbidity units Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present. NOI. A Notice of Intent form provided by EPD for coverage under the State General Permit. NOT. A Notice of Termination form provided by EPD to terminate coverage under the State General Permit. Operator. The party or parties that have: operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions. Outfall. The location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water. Permit. The authorization necessary to conduct a land-disturbing activity under the provisions of this Article. Person means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. Phase or phased. Sub-parts or segments of construction projects where the sub­ part or segment is constructed and stabilized prior to completing construction activities on the entire construction site. Project. The entire proposed development project regardless of the size of the area of land to be disturbed. Page 166 of 209 ---PAGE BREAK--- Properly designed. Designed in accordance with the design requirements and specifications contained in the “Manual for Erosion and Sediment Control in Georgia” (“Manual”) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the Manual as approved by the Commission up until the date of NOI submittal. Roadway drainage structure. A device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. Sediment. Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion. Sedimentation. The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity. Soil and water conservation district approved plan. An erosion, sedimentation and pollution control plan approved in writing by the Limestone Valley Soil and Water Conservation District. Stabilization. The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. State general permit. The National Pollution Discharge Elimination System (NPDES) general permit or permits for storm water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state’s authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection of O.C.G.A. § 12-5-30. State waters. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface Page 167 of 209 ---PAGE BREAK--- water, natural or artificial, lying within or forming a part of the boundaries of Georgia which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. Structural erosion, sedimentation and pollution control practices. Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication “Manual for Erosion and Sediment Control in Georgia”. Trout Streams. All streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.epd.georgia.gov. Streams designated as primary trout waters are defined as water supporting a self- sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. Vegetative Erosion and Sedimentation Control Measures. Measures for the stabilization of erodible or sediment-producing areas by covering the soil with: 1. Permanent seeding, sprigging or planting, producing long-term vegetative cover, or 2. Temporary seeding, producing short-term vegetative cover; or 3. Sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication “Manual for Erosion and Sediment Control in Georgia”. Page 168 of 209 ---PAGE BREAK--- Watercourse. Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-722 – Exemptions. This Article shall apply to any land-disturbing activity undertaken by any person on any land except for the following: 1. Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968". 2. Granite quarrying and land clearing for such quarrying; 3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion; 4. The construction of single-family residences, when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A. § 12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any Page 169 of 209 ---PAGE BREAK--- such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection of O.C.G.A. § 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the Local Issuing Authority; 5. Agricultural operations as defined in O.C.G.A. § 1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds; 6. Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land- disturbing or other activities otherwise prohibited in a buffer, as established in Section 38-723(c)(15) and (16) of this Article, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices; 7. Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture; Page 170 of 209 ---PAGE BREAK--- 8. Any project involving less than one acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, “State Waters” excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the Local Issuing Authority from regulating any such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this Section; 9. Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the Local Issuing Authority, the Local Issuing Authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; Page 171 of 209 ---PAGE BREAK--- 10. Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United states engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the Local Issuing Authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and 11. Any public water system reservoir. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-723 – Minimum requirements for erosion, sedimentation and pollution control using best management practices. General provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the Article and the NPDES General Permit are not met. Therefore, plans for those land- disturbing activities which are not exempted by this Article shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of Subsections and of this Section. The application of measures and practices shall apply to all features of the site, including street Page 172 of 209 ---PAGE BREAK--- and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this Article and the NPDES General Permit. Minimum requirements/BMPs 1. Best management practices as set forth in this Subsection and Subsection of this Section shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with paragraph of this Subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act". As used in this Subsection the terms "proper design” and “properly designed” mean designed in accordance with the hydraulic design specifications contained in the “Manual for Erosion and Sediment Control in Georgia” specified in O.C.G.A. § 12-7-6(b). 2. A discharge of storm water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local issuing authority or of any state general permit issued by the Division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than twenty- five (25) nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five acres. Page 173 of 209 ---PAGE BREAK--- 3. Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or of any state general permit issued by the Division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act", for each day on which such failure occurs. 4. The Director may require, in accordance with regulations adopted by the Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur. 5. The Local Issuing Authority may set more stringent buffer requirements than stated in Subsection (c)15 and 16 of this Section, in light of O.C.G.A. § 12-7-6 The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. § 12-7-1 et. seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the “Manual for Erosion and Sediment Control in Georgia” published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: 1. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion; 2. Cut-fill operations must be kept to a minimum; 3. Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential; 4. Whenever feasible, natural vegetation shall be retained, protected and supplemented; Page 174 of 209 ---PAGE BREAK--- 5. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; 6. Disturbed soil shall be stabilized as quickly as practicable; 7. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; 8. Permanent vegetation and structural erosion control practices shall be installed as soon as practicable; 9. To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. § 12-7-1 et. seq.; 10. Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills; 11. Cuts and fills may not endanger adjoining property; 12. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; 13. Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum; 14. Land-disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in this Section; 15. Except as provided in paragraph (16) of this Subsection, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested Page 175 of 209 ---PAGE BREAK--- by normal stream flow or wave action, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. § 12-2-8, where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or where bulkheads and sea walls are installed to prevent shoreline erosion on Lake Oconee and Lake Sinclair; or along any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer: a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and Page 176 of 209 ---PAGE BREAK--- b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: Stream crossings for water lines; or (ii) Stream crossings for sewer lines. 16. There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage structure must be constructed ; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the landowner’s property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer: a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single–family residence, when such residence is constructed by or under contract Page 177 of 209 ---PAGE BREAK--- with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and Nothing contained in O.C.G.A. § 12-7-1 et. seq. shall prevent any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Subsections and of this Section. The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Article or the terms of the permit. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-724 – Application/permit process. General. The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The Local Issuing Authority shall review the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, subdivision ordinance, flood damage prevention ordinance, this Article, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the Local Issuing Authority. However, the property owner and/or operator are the only parties who may obtain a permit. Page 178 of 209 ---PAGE BREAK--- Application requirements. 1. No person shall conduct any land-disturbing activity within the unincorporated areas of Pickens County. without first obtaining a permit from the Planning & Development Department to perform such activity and providing a copy of notice of intent submitted to EPD if applicable. 2. The application for a permit shall be submitted to the Planning & Development Department and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in this Section. Soil erosion and sedimentation control plans shall conform to the provisions of Sections 38-723(b) and of this Article. Applications for a permit will not be accepted unless accompanied by two hard copies and one digital copy of the applicant's soil erosion and sedimentation control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan or that such a visit was not required in accordance with EPD Rule 391-3-7-.10. 3. The fee that shall be charged for each application is a $500 plus $10 per acre of disturbed area. 4. In addition to the local permitting fees; fees will also be assessed pursuant to O.C.G.A. § 12-5-23(a)(5) provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to O.C.G.A. § 12-7-8(a) half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. Page 179 of 209 ---PAGE BREAK--- 5. Immediately upon receipt of an application and plan for a permit, the Local Issuing Authority shall refer the application and plan to the district for its review and approval or disapproval concerning the adequacy of the erosion and sedimentation control plan. The district shall approve or disapprove a plan within 35 days of receipt. Failure of the district to act within 35 days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the issuing authority. No permit will be issued unless the plan has been approved by the District, and any variances required by Section 38-723 (c).15) and 16 and bonding, if required as per this Section have been obtained. Such review will not be required if the issuing authority and the district have entered into an agreement which allows the issuing authority to conduct such review and approval of the plan without referring the application and plan to the district. The Local Issuing Authority with plan review authority shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the Local Issuing Authority with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal. 6. If a permit applicant has had two or more violations of previous permits, any provisions of this Article, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing of the application under consideration, the Local Issuing Authority may deny the permit application. 7. The Local Issuing Authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this Article or with the conditions of the permit after issuance, the Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land- disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically Page 180 of 209 ---PAGE BREAK--- providing for hearing and judicial review of any determination or order of the Local Issuing Authority with respect to alleged permit violations. Plan requirements. 1. Plans must be prepared to meet the minimum requirements as contained in Section 3-723(b) and of this Article, or through the use of more stringent alternate design criteria which conform to sound conservation and engineering practices. The "Manual for Erosion and Sediment Control in Georgia" is hereby incorporated by reference into this Article, with a copy of said manual available for inspection in the office of the Planning & Development Department. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances and state laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the commission and in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20. 2. Data required for site plan shall include all the information required from the appropriate erosion, sedimentation and pollution control plan review checklist established by the commission as of January 1 of the year in which the land-disturbing activity was permitted. Permits. 1. Permits shall be issued or denied as soon as practicable but in any event not later than 45 days after receipt by the Local Issuing Authority of a completed application, providing requirements as developed by the variances and bonding are obtained, where necessary and all applicable Page 181 of 209 ---PAGE BREAK--- fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken. 2. No permit shall be issued by the Local Issuing Authority unless the erosion, sedimentation and pollution control plan has been approved by the district and the Local Issuing Authority has affirmatively determined that the plan is in compliance with this Article, any variances required by Section 38-723 (c).15 and 16 of this Article are obtained, bonding requirements, if necessary, as per this Section are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the Local Issuing Authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant. 3. Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of this Article, and any other ordinances relating to land development, as are applied to private persons and the division shall enforce such requirements upon the Local Issuing Authority. 4. If the tract is to be developed in phases, then a separate permit shall be required for each phase. 5. The permit may be suspended, revoked, or modified by the Local Issuing Authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this Article. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 6. The Local Issuing Authority may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. § 12-7-7(f)(1). (Ord. of 8-18-2025 § 1 (Exh. Page 182 of 209 ---PAGE BREAK--- Sec. 38-725 – Inspection and enforcement. The Local Issuing Authority shall periodically inspect the sites of land- disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the Local Issuing Authority shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land- disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this Article, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Article. The Local Issuing Authority must amend its ordinances to the extent appropriate within twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975. The Local Issuing Authority shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this Article, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities. No person shall refuse entry or access to any authorized representative or agent of the Local Issuing Authority, the Commission, the District, or Division who requests entry for the purposes of inspection, and who presents Page 183 of 209 ---PAGE BREAK--- appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. The District or the Commission or both shall semi-annually review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8 The District or the Commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county’s or municipality’s erosion, sedimentation and pollution control program. The District or the Commission shall notify the Division and request investigation by the Division if any deficient or ineffective local program is found. The Division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8 Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority’s ordinance and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. § 12-7-8 has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7 the Division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the county or municipality does not take necessary corrective action within 90 days after notification by the division, the division shall revoke the certification of the county or municipality as a local issuing authority. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-726 – Penalties and incentives. Failure to obtain a permit for land-disturbing activity. Page 184 of 209 ---PAGE BREAK--- If any person commences any land-disturbing activity requiring a land- disturbing permit as prescribed in this Article without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the Local Issuing Authority. Stop-work orders. 1. For the first and second violations of the provisions of this Article, the Director or the Local Issuing Authority shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the Director or the Local Issuing Authority shall issue a stop-work order requiring that land- disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land- disturbing activities are conducted without obtaining the necessary permit, the Director or the Local Issuing Authority shall issue an immediate stop- work order in lieu of a warning; 2. For a third and each subsequent violation, the Director or the Local Issuing Authority shall issue an immediate stop-work order; and; 3. All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. 4. When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the Local Issuing Authority or by the Director or his or her Designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the Local Issuing Authority or by the Director or his or her Designee. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop Page 185 of 209 ---PAGE BREAK--- work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls. Bond Forfeiture. If, through inspection, it is determined that a person engaged in land- disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Article and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of Section 38-72 The Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-727 – Education and certification Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20. For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Commission present on site whenever land-disturbing activities are conducted on that site. A project site Page 186 of 209 ---PAGE BREAK--- shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit. Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this Article. If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of O.C.G.A. § 12­ 7-19(b)(1), then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in O.C.G.A. § 12-7-19(b)(4) and shall not be required to meet any educational requirements that exceed those specified in said paragraph. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-728 38-849. - Reserved. V. AMENDMENT OF ARTICLE XI [COMMERCIAL DEVELOPMENT STANDARDS] OF CHAPTER 38 [LAND DEVELOPMENT STANDARDS]. That the Code of Ordinances, Pickens County, Georgia is hereby amended by amending Article XI [COMMERCIAL DEVELOPMENT STANDARDS] of Chapter 38 [LAND DEVELOPMENT STANDARDS] in its entirety as follows: ARTICLE XI. – COMMERCIAL DEVELOPMENT STANDARDS. Sec. 38-850. - Purpose. The purpose of this section is to protect the public health, safety and general welfare by establishing minimum development standards for commercial property. (Res. of 8-6-1999, § 5) Page 187 of 209 ---PAGE BREAK--- Sec. 38-851. - Definition. Commercial development is defined as the construction of any structure for use as a commercial, business, industrial, or manufacturing facility. (Res. of 8-6-1999, § 5) Sec. 38-852. - Conformance to other rules and regulations. In addition to the minimum standards outlined in this chapter, all proposed commercial development shall comply with all applicable local and state resolutions, regulations and statutes. The county development officer shall withhold approval of any commercial development which is known to be in conflict with state and/or local regulations or statutes. For all developments abutting a state or interstate highway, no building permit shall be issued until the approval of the Georgia Department of Transportation has been obtained by the applicant on entrances and exits, turn radii, drainage and other matters that are the appropriate concern of that department. (Res. of 8-6-1999, § 5) Sec. 38-853. - Commercial development approval process. All commercial development in the unincorporated areas of Pickens County shall be submitted to the county development officer for review and approval. All commercial development shall submit a site plan which complies with the provisions of section 38-854. The county development officer shall review the proposed development for compliance with this chapter. (Res. of 8-6-1999, § 5) Sec. 38-854. - Information in commercial site plan. The following information is required to be included on the commercial site plan: The drawing shall contain a graphic scale, north arrow, date, acreage, and owner/developers name, address and telephone number. Page 188 of 209 ---PAGE BREAK--- The names of adjoining property owners shall be shown in relation to the proposed development. The names of all streets or roadway abutting or crossing the property with width of all rights-of-way shown. The boundary of any flood hazard areas. A detailed access plan to enter county or state right-of-way. A location sketch map shall be provided which shows the location of the site in relation to existing public roads, streams power transmission lines, etc. A detailed and scaled drawing of the location of the commercial building on the property, together with all other improvements which will not be attached to the main structure. A detailed and scaled drawing of all public parking spaces provided as well as access lanes for emergency vehicles. A detailed and scaled drawing of buffers if buffers are required. (10) Approval of the county sanitation office showing site meets requirements for sewage treatment. (11) Utility and drainage plans shall be provided which shall include all information necessary for the appropriate county official to determine that the water, sewer, sanitary disposal and storm drainage improvements will be made and located in accordance with county requirements, and, where applicable shall also contain soil erosion and sedimentation control measures. (Res. of 8-6-1999, § 5) Sec. 38-855. - Building lines. Page 189 of 209 ---PAGE BREAK--- Commercial building setback lines shall be at least 40 feet from the front property line. A corner lot shall be at least 40 feet from each property line. The building shall otherwise be at least 15 feet from the side and rear property lines. (Res. of 8-6-1999, § 5; Res. of 2-26-2009, § 1(Exh. Sec. 38-856. - Buffer requirements. If the proposed commercial development adjoins residential property, appropriate buffers shall be erected to protect the enjoyment of the residential property. Buffers shall be located within and along the outer perimeter of the parcel which abuts the residential property. Buffers shall not be located on any portion of existing, dedicated or reserved public or private street right-of-way. No building permit shall issue for any development requiring a buffer until such time as that buffer, as specified herein, shall be substantially in place. All buffers required by this section shall conform to the following specifications: Prior to development, a buffer plan shall be required to show the types and location of all screening devices within a required buffer. Screening is a method of visually shielding or obscuring one use from another by fence, walls, berms or densely planted vegetation. Screening shall provide a year round visual screen from the ground to a minimum of six feet in height. The fence or wall shall be placed on the other edge of the buffer. Landscaping within buffer areas shall be used to screen objectionable views or nuisances, such as parking and service areas, refuse containers, air conditioning units and transformers. A buffer shall have not less than a 12-foot base width and shall consist of plantings having a year round foliage, or a fence, or a wall, or a berm, or any combination thereof, with a total minimum height of six feet. The required buffer shall provide not less than 90 percent visual blockage. If a buffer Page 190 of 209 ---PAGE BREAK--- consists of plantings only, then said planting shall be an evergreen species which under normal growing conditions will attain a minimum height of six feet. Responsibility for maintenance of a required buffer shall remain with the owner of the commercial property. Maintenance is required to ensure the proper functioning of a buffer as a landscaped area which reduces or eliminates nuisances and/or conflict. (Res. of 8-6-1999, § 5) Sec. 38-857. - Access to county roads; interior streets; design standards. All commercial development accessing a county road must meet minimum AASHTO standards for accel/decel lanes, entrances, and paving. All streets established in connection with the commercial development must meet minimum AASHTO standards. (Res. of 2-26-2009, § 1(Exh. Sec. 38-858. - Penalties. Violations of this section shall be subject to penalties as set forth in section 38-9. (Res. of 8-6-1999, § 5) Sec. 38-850. - Purpose. The purpose of this section is to protect the public health, safety and general welfare by establishing minimum development standards for commercial property. (Res. of 8-6-1999, § 5) Sec. 38-851. - Definition. Commercial development is defined as the construction of any structure for use as a commercial, business, industrial, or manufacturing facility. (Res. of 8-6-1999, § 5) Page 191 of 209 ---PAGE BREAK--- Sec. 38-852. - Conformance to other rules and regulations. In addition to the minimum standards outlined in this Article, all proposed commercial development shall comply with all applicable Georgia and local laws and regulations. The Planning & Development Department shall withhold approval of any commercial development which is known to conflict with Georgia and/or local laws or regulations. For all developments abutting a state or interstate highway, no building permit shall be issued until the approval of the Georgia Department of Transportation has been obtained by the applicant on entrances and exits, turn radii, drainage and other matters that are the appropriate concern of that department. (Res. of 8-6-1999, § 5) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-853. - Commercial development approval process. All commercial development in Unincorporated Pickens County shall be submitted to the Planning & Development Department for review and approval. All commercial development shall submit a site plan which complies with the provisions of Section 38-854 of this Article. The Planning and Development Department shall review the proposed development for compliance with this Article. (Res. of 8-6-1999, § 5) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-854. - Information in commercial site plan. The following information is required to be included on the commercial site plan: 1. The drawing shall contain a graphic scale, north arrow, date, acreage, and owner’s/developer’s name, address, and telephone number. 2. The names of adjoining property owners shall be shown in relation to the proposed development. Page 192 of 209 ---PAGE BREAK--- 3. The names of all streets or roadways abutting or crossing the property with width of all rights-of-ways shown. 4. The boundaries of any flood hazard areas. 5. A detailed access plan to enter a county or state right-of-way. 6. A location sketch map showing the location of the site in relation to existing public roads, streams, power transmission lines, etc. 7. A detailed, scaled drawing of the location of the commercial building on the property, together with all other improvements which will not be attached to the main structure. 8. A detailed, scaled drawing of all public parking spaces provided as well as access lanes for emergency vehicles. 9. A detailed, scaled drawing of buffers if buffers are required. 10. Approval of the Pickens County Department of Environmental Health showing site meets requirements for sewage treatment. 11. Utility and drainage plans including all information necessary for the Pickens County Government to determine that the water, sewer, sanitary disposal and storm drainage improvements will be made and located in accordance with requirements imposed by this Code, and, where applicable, shall also contain soil erosion and sedimentation control measures. (Res. of 8-6-1999, § 5) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-855. - Buffer requirements. If the proposed commercial development adjoins residential property, appropriate buffers shall be erected to protect the enjoyment of the residential property pursuant to Division 7 of Article III of Chapter 67. Buffers shall be located within and along the outer perimeter of the parcel which abuts the residential property. Page 193 of 209 ---PAGE BREAK--- Buffers shall not be located on any portion of existing, dedicated or reserved public or private street right-of-way. No building permit shall be issued for any development requiring a buffer until such time as that buffer, as specified herein, shall be substantially in place. Responsibility for maintenance of a required buffer shall remain with the owner of the commercial property. Maintenance is required to ensure the proper functioning of a buffer as a landscaped area which reduces or eliminates nuisances and/or conflict. (Res. of 8-6-1999, § 5) (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-856. – Road and bridge standards; access to public roads; interior streets; design standards. All roads and bridges in a commercial development shall comply with the standards set forth in Chapter 54 of this Code. The term “road” shall mean a right-of-way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, road, avenue, drive, expressway, boulevard, lane, place, circle, alley or by a similar designation. All streets established in connection with the commercial development must also meet minimum AASHTO standards. All commercial developments accessing a public road must meet minimum AASHTO standards for accel/decel lanes, entrances, and paving. The term “public road” shall mean a road which is part of the Pickens County Road System due to designation by resolution of the Board of Commissioners pursuant to O.C.G.A. § 32-4-40. (Res. of 2-26-2009, § 1(Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 38-857. – Building lines. Page 194 of 209 ---PAGE BREAK--- Commercial building setback lines shall be at least forty feet (40ft) from the front property line. A corner lot shall be at least forty feet (40ft) from each property line. The building shall otherwise be at least twenty feet (20ft) from the side and rear property lines. (Ord. of 8-18-2025 § 1 (Exh. Secs. 38-858 38-880. - Reserved. VI. CREATION AND ADDITION OF NEW ARTICLE XII [GLOSSARY OF TERMS] OF CHAPTER 38 [LAND DEVELOPMENT STANDARDS]. That the Code of Ordinances, Pickens County, Georgia is hereby amended by adding new Article XII [GLOSSARY OF TERMS] of Chapter 38 [LAND DEVELOPMENT STANDARDS] as follows: ARTICLE XII. – GLOSSARY OF TERMS. DIVISION 1. IN GENERAL. Sec. 38-881. – Purpose. This Article contains the definitions of various words and phrases that are utilized in this Chapter. Should the definition of a particular word or phrase be set forth both in this Article and in any other article of this Chapter and should there be conflict or ambiguity between the respective definitions, the definition provided in the other article shall take precedence over the definition provided in this Article. Any word or phrase used in this Chapter which is not defined in this Article or in any other article of this Chapter shall have its customary dictionary definition when such meaning is consistent with the context of usage in this Chapter. Page 195 of 209 ---PAGE BREAK--- (Ord. of 8-18-2025 § 1 (Exh. Secs. Sec. 38-882. Sec. 38-900. – Reserved. DIVISION 2. DEFINITIONS. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Access means the right to cross between public and private property, thereby permitting pedestrians and vehicles to enter and leave property. Accessory building means a subordinate building, the use of which is incidental to that of a main building and located on the same lot as the main building. Alley means a public or legally established thoroughfare, other than a street, which affords a secondary means of access to abutting property. Alteration of building means any change in the support members of a building except such change as may be required for its safety; an addition to a building; or any change in use from that of one district classification to another or of a building from one location to another. Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Best management practices (BMP's) means a collection of structural measures and vegetative practices which, when properly designed, installed, and maintained, will provide effective erosion and sedimentation control for all rainfall events up to and including a 25-year, 24-hour rainfall event. Block means an area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of such boundaries with a river or lake. Page 196 of 209 ---PAGE BREAK--- Board means the board of natural resources. Board of appeals means the five-member Board of Appeals whose membership is appointed by the Board of Commissioners to perform specified roles set forth in this Chapter. Bond means a legal instrument with a clause which establishes a sum of money fixed as a penalty, binding the parties to pay the penalty; conditioned, however, that the payment of penalty may be avoided by the performance of certain acts. Buffer means the area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. Buffer strip means a land area of appropriate design providing a visual and noise separation between incompatible land uses. Building means any structure having a roof supported by columns or by walls, including tents, lunch wagons, dining cars, mobile homes, and similar structures whether stationary or movable. Building setback line means a line delineating the minimum allowable distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided. Campground means a parcel of land used or intended to be used, let, or rented for occupancy by campers, or for occupancy by camping trailers, tents, or movable or temporary dwellings, rooms, or sleeping quarters of any kind. Crosswalk means a right-of-way within a block dedicated to public use, intended primarily for pedestrian use, and designed to provide access to adjacent roads and lots. Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. Also known as excavation. Department means the department of natural resources. Page 197 of 209 ---PAGE BREAK--- Design standards means the specifications to landowners or subdividers for the preparation of plats, both preliminary and final, indicating among other things, the optimum, minimum, or maximum dimensions of such items as rights-of-way, blocks, easements, and lots. Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Director means the director of the Environmental Protection Division of the Department of Natural Resources. District means the Limestone Valley Soil and Water Conservation District. Division means the environmental protection division of the department of natural resources. Drainage structure means a device composed of a virtually nonerodable material such as concrete, steel, plastic or other such material that conveys waters from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes. Dwelling means a building or portion thereof, exclusive of mobile homes as defined herein, used for residential purposes. Dwelling; multiple means an attached building designed for occupancy by two or more families living independently of each other. Dwelling; single-family means a detached building designed to be occupied exclusively by one family. Dwelling unit means one or more rooms and a single kitchen designed as a unit for occupancy by only one family for cooking, living, and sleeping purposes. Easement means a grant by a property owner for the use of a strip of land for the specified purpose of conducting granted activities, including the constructing and maintaining of utilities excluding sewer infrastructure; but otherwise Page 198 of 209 ---PAGE BREAK--- including, but not limited to, water mains, electric lines, telephone lines, storm sewer or storm drainage ways, and gas lines. Erosion means the process by which land surface is worn away by the action of wind, water, ice, or gravity. Erosion and sedimentation control plan means a plan for the control of soil erosion and sedimentation resulting from a land disturbing activity. Also known as the "plan." Escrow means a legal agreement between a developer and the county or the appropriate agency or utility in lieu of actual performance and intended to assure performance. Existing grade means the vertical location of the existing ground surface prior to cutting or filling. Fill means a portion of land surface to which soil or other solid material has been added; the depth above the original ground. Filling means the placement of any soil or other solid material, either organic or inorganic, on a natural ground surface or an excavation. Finished grade means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design. Flood means an overflow of lands not normally covered by water that results in significant adverse effects in the vicinity. Flood Insurance Rate Map (FIRM) means the official map issued by the Federal Emergency Management Agency where the areas of special flood hazard have been designated as zone A. Floodway fringe areas means areas lying outside the floodway district but within the area which would be flooded by the regional flood. Floodways means the natural channel and the portion of the floodplain along the channel which must be retained solely for the passage of floodwaters to prevent Page 199 of 209 ---PAGE BREAK--- an undue increase in flood heights upstream. Water travels at a high velocity in the floodway. Frontage means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended then all the property abutting on one side between an intersecting street and the dead end of the street. Grading means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. Ground elevation means the original elevation of the ground surface prior to cutting or filling. Hospitals or convalescent homes means any publicly or privately owned medical treatment facility, rest home, or convalescent home. Individual sewage disposal system means a septic tank, seepage tile sewage disposal system, or any other sewage treatment device other than a public treatment system approved by the Pickens County Department of Environmental Health. Issuing authority means the governing authority of any county or municipality which has been certified by the Director of the Environmental Protection Division of the Department of Natural Resources as an issuing authority, pursuant to the Erosion and Sedimentation Act of 1975, as amended, or the division in those Lot: A discernable portion of land subject to regulation by the provisions of this Chapter. Lot area means the total surface area of land included within lot lines. Lot corner means a lot of which at least two adjoining sides abut their full on a street, provided that the interior angle at the intersection of two such sides is less than 135 degrees (135o.) Lot depth means the average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot. Page 200 of 209 ---PAGE BREAK--- Lot, double frontage means a lot other than a corner lot abutting two streets. Lot frontage means that dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot. Lot; interior means a lot other than a corner lot. Lot lines means the boundary dividing a given lot from the street, an alley, or adjacent lots. Lot of record means a lot, which existed prior to the adoption or subsequent amendment of this Chapter, as shown or described on a plat or deed in the records of the Office of the Pickens County Georgia Clerk of Courts. Lot width means the width of a lot at the building setback line measured at right angles to the centerline of its depth. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, useable solely for the parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. Manufactured home/mobile home/trailer means a detached unit with any or all of the following characteristics: Designed for long-term occupancy with plumbing and electrical connections provided for attachment to outside systems. If the metal frame is completely removed from a unit and the unit meets the building codes, it shall be classified as a modular unit. If the entire metal frame cannot be removed, it shall be classified as a trailer (mobile home). Arriving at the site where it is to be occupied as a complete unit and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like. Designed to be freestanding and does not require a foundation for occupancy. Page 201 of 209 ---PAGE BREAK--- Manufactured homes built after 1976 must comply with the Federal Manufactured Housing Construction and Safety Standards known as the HUD Code, which mandates specific safety and quality requirements. Metropolitan River Protection Act (MRPA) means a state law referenced as O.C.G.A. § 12-5-440 et seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. Minimum floor elevation means the lowest elevation permissible for the construction, erection, or other placement of any floor including a basement floor. Mobile home park means a plot of ground upon which three or more mobile homes occupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodations. Mobile home space means a plot of ground within a mobile home park designated for the accommodation of not more than one mobile home of single-family occupancy. Modular home means a factory fabricated dwelling over thirty-two feet (32 ft.) in length and at least twenty-four feet (24 ft.) wide designed and constructed without carriage of hitch collar as stationary house construction for placement upon permanent foundation, to be permanently connected to utilities, for year-round occupancy. It can consist of two or more components that can be separated when transported, but is designed to be jointed into one integral unit. Modular homes shall meet the minimum standards for house construction as specified in the Southern Standard Building Code, the FHA Minimum Property Standards, the State Factory Built Housing Rules, and have a roof with at least a 3/12 pitch. Natural ground surface means the ground surface in its original state before any grading, excavation or filling. Nephelometric turbidity units (NTU) means numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present. Page 202 of 209 ---PAGE BREAK--- Parcel: A discernable portion of land subject to regulation by the provisions of this Chapter. Percentage of grade means on street center line, the distance vertically (up and down) from the horizontal in feet and tenths of a foot for each one-hundred feet (100 ft.) of horizontal distance. Permit means the written authorization required to conduct a regulated activity under the provisions of this Chapter. Poultry house means any type of structure used for the raising and growing of fowl, including, but not limited to, chickens, turkeys, and/or laying hens for commercial or profit-making uses. Preapplication review means an initial and informal stage of subdivision review at which the developer may make known preliminary plan proposals and the county may respond and/or advise the developer concerning the subdivision regulations. Project means the entire proposed development project regardless of the size of the area of land to be disturbed. Property owners association means a legally constituted association of property owners who commonly owns and is responsible for the maintenance Public water system means any water distribution system which has fifteen (15) or more service connections or serves more than twenty-five (25) people. Recreation park or center means any public property used for recreational activities including, but not limited to, ball fields, swimming pools, gymnasiums, tennis courts, walking trails and picnic areas. Reserve strip means a strip or parcel of land along, around, or between properties, the purpose of which is to restrict access. Residence means any structure used to house any individual who intends this structure to be his place of abode. Page 203 of 209 ---PAGE BREAK--- Re-subdivision means a change in a map of any approved or recorded subdivision plat altering the number of lots incorporated within the confines of the original plat. Right-of-way means a strip of land designated, reserved, dedicated, or purchased for the purpose of pedestrian or vehicular access or utility line installation. Roadway means the actual road surface including necessary road shoulders and drainage facilities (including ditches, curbing, and guttering), which is utilized to transport motor vehicles. Roadway drainage structure means a device such as a bridge, culvert, or ditch, composed of a virtually nonerodable material such as concrete, steel, plastic, or other such materials that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. Sediment means solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion. Sedimentation means the process by which eroded material is transported and deposited by the action of water, wind, ice or gravity. Setback line (or building line) means a line beyond which no foundation wall, eave, or other part of any building shall project, unless specified exceptions are made elsewhere in these regulations. Slope means the degree of deviation of a surface from the horizontal, usually expressed in percent or degree. Soil and water conservation districted approved plan means an erosion and sedimentation control plan approved in writing by Georgia Soil and Water Conservation Commission. Stabilization means the process of establishing an enduring soil cover of vegetation and/or mulch or other ground cover and/or in combination with installing temporary or permanent structures for the purpose of reducing to a Page 204 of 209 ---PAGE BREAK--- minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. Start of construction includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one-hundred-eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "actual start" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, the "actual start" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including at a minimum the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation. Street means a right-of-way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, road, avenue, drive, expressway, boulevard, lane, place, circle, alley or by a similar designation. Public street means a street which is part of the Pickens County Road System due to designation by resolution of the Board of Commissioners pursuant to O.C.G.A. § 32-4-40. Page 205 of 209 ---PAGE BREAK--- Private street means a street which is not part of the Pickens County Road System. Arterials means those roads which are designed to carry rapid, continuous traffic to major magnets within the urban area. Routes will usually pass through or near the heart of the city, connecting residential, commercial, industrial and public activity areas. Bypass means a highway designated for fast, continuous movement of all types of traffic between highways and widely separated parts of the urban area. Bypasses generally have limited or controlled access and are usually grade separated at railroads and major crossings. Collector streets means those streets which bring traffic to arterials, or interconnect arterials. They provide for relatively easy movement at moderate speeds from homes and businesses to arterials. Local streets means those streets which provide direct access to abutting properties. Alley or service drive means a minor access way used for service access, or property access under specified circumstances, to the back or side of properties otherwise abutting on a street. Marginal access street means a residential street parallel and adjacent to major thoroughfares or arterial streets and which provides access to abutting properties with protection from through traffic. Cul-de-sac means a local street or road with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. (10) Half street means a street or road adjacent to a subdivision tract boundary where only half the required right-of-way and road improvements are provided within the proposed subdivision and the responsibility for the other half is undecided or is left to the adjacent property owner. Page 206 of 209 ---PAGE BREAK--- Street line or right-of-way line means a dividing line between a lot, tract, or parcel of land and a contiguous street. Structural alterations means any change in the supporting members of a building such as bearing walls or bearing partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Structural erosion and sediment control practices means measures for the stabilization of erosive or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps, land grading, etc. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia. Structural practices means soil and water conservation measures, other than vegetation, utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss; including but not limited to riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps, land grading, etc. Structure means anything constructed or erected which requires location on the ground or attachment to something having a location on the ground. The term shall include such things as gasoline pumps, signs, mobile homes, and other portable vehicles or structures from which products are vended, and similar objects. Substantial improvement means for a structure built prior to the enactment of this Chapter, any repair, reconstruction, or improvement of a structure the cost of which equals or exceeds 50 percent (50%) of the market value of the structure either: Before the improvement or repair is started; or If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is Page 207 of 209 ---PAGE BREAK--- considered to occur when the first alteration on any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. Swine operation means any type of structure or pen used for the growing, raising, or breeding of swine for commercial or profit-making uses. Tract: A discernable portion of land subject to regulation by the provisions of this Chapter. Trout streams means all streams or portions of streams within the watershed as designated by the Game and Fish Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. Vegetative erosion and sediment control practices means measures for the stabilization of erosive or sediment-producing areas by covering the soil with: Permanent seeding, sprigging or planting, producing long-term vegetative cover; or Temporary seeding, producing short-term vegetative cover; or Sodding, covering areas with a turf of perennial sod-forming grass. Watercourse means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently, and which has a definite Page 208 of 209 ---PAGE BREAK--- channel, bed and banks, and including any area adjacent thereto, subject to inundation by reason of overflow or floodwater. Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Yard means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upwards, except as otherwise provided in this Chapter. Yard; front means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the street line and the front line of the most protruding portion of the building projected to the side lines of the lot. Yard; rear means an open space on the same lot with a principal building, unoccupied except by a permitted accessory building, extending the full width of the lot and located between the rear line of the most protruding portion of the building projected to the side lines of the lot. Yard; side means an open, unoccupied space on the same lot with a principal building located between the side of the most protruding portion of the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. (Ord. of 8-8-1997, ch. II, art. II; ch. IV, art. II; ch. X, art. (Res. of 12-29-2000, § 3) (Res. of 11-14-2003, § (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Page 209 of 209