Article II. AUTHORITY AND APPLICATION  

2.1.

The subdivision rules and regulations are adopted under the authority of Article IX, Section II, Paragraph IV and Article IX, Section II, Paragraph I of the 1983 Constitution of the State of Georgia.

2.2.

Any subdivider of land within unincorporated Fulton County shall submit to the director of the department a minor or final plat. Minor and final plats must be properly filed and conform to all requirements set forth in these regulations. (Amended 9-2-15)

2.3.

No person, firm, corporation, owner, agent or subdivider shall sell, transfer or agree to sell any subdivided land without the minor or final plat of that subdivision having been confirmed by the Board of Commissioners of Fulton County.

2.4.

No subdivider shall proceed with any construction work on the proposed subdivision, including clearing, grading or grubbing, before obtaining the appropriate approvals and permits.

2.5.

No land shall be dedicated, opened, extended or accepted as a public street or for any other public purpose before obtaining final approval from the director and confirmation by the board of commissioners. The approval shall be entered in writing on the final plat by the director. Any subdivider of property for public purpose (other than roads) shall be transferred by deed.

2.6.

No building permit shall be issued within the unincorporated area of Fulton County unless legal access is provided to a public street or a private street approved under the terms of these rules and regulations.

2.7.

In residential subdivisions, building permits shall not be issued for any approved minor plat or final plat until after the approval of the director and the board of commissioners' confirmation. (Amended 9-2-15)

2.8.

The divisions of property by court order, including but not limited to judgments of foreclosure or consolidation and disbursement of existing lots by deed or other recorded instruments, shall not be considered a subdivision for purposes of, and shall not obviate the necessity for compliance with, these regulations.

2.9.

The subdivider shall be allowed one building permit for a model home for each 15 lots located in the proposed subdivision, provided the subdivider provides an agreement to install improvements form and a cash surety equal to 125 percent of the cost for the remaining infrastructure improvements, based on written estimates by the design professional for the project. Notwithstanding the permitted rate for model homes, the maximum number of building permits for model homes to be allowed in any one subdivision shall not exceed ten.

The following shall apply for lots where model homes are allowed:

A.

The lots shall be located within 300 feet of an active fire hydrant;

B.

Main sewer and water lines for these lots shall be installed by the developer and be subject to review and approval by Fulton County, installation of these lines shall take place prior to issuance of the certificate of occupancy; and

C.

The lots shall have a minimum of 20-foot-wide fire access road extending from a paved public street to within 100 feet of the proposed structure.