§ 4.2. Process.

4.2.1.

Land disturbance permit. (Amended 9-2-15)

A.

An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued, except that the director is authorized to grant a maximum of two extensions of time not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

B.

Prior to the issuance of a land disturbance permit, an indemnity agreement form must be filed by the subdivider subsequent to the subdivision of the property protecting Fulton County against the event that a developer should cease business activities. Said agreement shall cover infrastructure damage, repair and/or maintenance claims and liability arising out of drainage problems. The director, or his/her designee, is hereby authorized to execute such agreements on the behalf of the county.

4.2.2.

Final plat. (Amended 9-2-15)

A.

Whenever the provisions of these rules and regulations have been complied with, the subdivider may submit to the director an application for final plat pursuant to these regulations. All required infrastructure shall be completed and approved, or performance bonds for a portion of such improvements shall be filed in accordance with section 4.2.3.C. of this regulation.

B.

The final plat shall be submitted and drawn to the specifications of the Georgia Plat Act and Standards of Fulton County.

C.

Prior to approval or recording of a final plat, the following must be provided by the subdivider, or the designee thereof:

1.

A Fulton County approved cash assurance in an amount equal to 125 percent of the cost of infrastructure improvements not yet in compliance. Said cash bond shall be maintained until the improvements have been approved by the county;

2.

A Fulton County approved maintenance bond to ensure the viability of infrastructure improvements. Said maintenance bond shall be in effect for a period of 36 months from the date of issuance. At any time within three months of the expiration of said maintenance bond, or any extended maintenance bond, less than 75 percent of the total buildable lots as indicated on the final plat have been issued a certificate of occupancy, the director may require an extension of said maintenance bond for up to 12 months; (Amended 9-2-15)

3.

An electronic format acceptable to the public works department containing data about the sanitary sewer and water systems where available;

4.

A signed release of the project by the development inspector; and

5.

A recorded deed to Fulton County for any dedicated space.

D.

Having been certified by the director as compliant to these and other applicable regulations, the final plat shall be recorded with the Clerk of the Superior Court of Fulton County.

E.

The final plat shall be considered approved at the time of the certification by the director. Upon receipt of the recorded plat by the department, the final plat shall be presented for confirmation to the board of commissioners at the next regularly scheduled meeting. In residential and non-residential subdivisions, building permits shall not be issued for any approved minor or final plat until the approval of the director and the receipt by the department of the final recorded plat for subsequent confirmation by the board of commissioners is complete. (Amended 9-2-15)

F.

For a subdivision proposed or represented to have amenities, the plat for the initial phase of the development shall identify an area encompassing 25 percent of the proposed buildable lots with installed and approved infrastructure sufficient to fully support the houses or residential units proposed for construction in said area. Said area shall be clearly delineated on the plat as "not approved for construction or building permits". Only after Fulton County has issued the applicable certificate of occupancy for those areas or amenities requiring such a certificate and has otherwise approved those areas or amenities not requiring a certificate of occupancy, shall the final plat for said area be approved. For large multi-phased projects, the director shall have the discretion to shift the requirement to a later phase that upon completion achieves no more than 50 percent of the planned fully built out project. (Added 6-20-07)

G.

Should the director not approve any subdivision plat, the basis for the denial shall be stated in writing to the applicant. The subdivider may file an appeal in accordance with Article XI of these regulations.

4.2.3.

Homeowner's associations. (Added 6-20-07)

A.

Where a subdivision includes an amenities package consisting of subdivision common areas, buildings, and/or structures for which the homeowner's association will assume maintenance and responsibility and/or where a homeowner's association shall be established to govern all community maintenance of property outside of all dwelling units including recreation facilities, parking, driveways, private roads, landscape materials, drainage structures, and other common property within a subdivision the following requirements, in addition to any other requirements established by this regulation or the Fulton County Zoning Ordinance, shall be met.

B.

A prerequisite to transfer of the homeowner's association responsibilities to the resident membership shall require that not more than 60 days prior to the date of transfer of management control for the homeowner's association from the developer to the resident members of the subdivision, the homeowner's association shall request, and Fulton County shall perform, an inspection of the infrastructure, common areas and amenities to be maintained by the homeowner's association. The inspection shall identify those areas that do not meet Fulton County Standards. Prior to requesting the inspection, the homeowner's association shall have completed their own inspection(s) of the infrastructure, common areas and amenities and a subdivision common area checklist and certification, on a form provided by the department, that shall require the execution of the common area checklist and certification by the developer and design professionals certifying the sufficiency of these facilities. A copy of the checklist and certification shall be submitted to Fulton County with the request for inspection. Fulton County shall provide a report of inspection to the homeowner's association within three weeks of receiving the request. The developer shall correct and bear the cost of any substandard conditions identified by Fulton County prior to the transfer of management responsibilities from the homeowner's association to the resident membership. The certification shall be recorded with the Clerk of Superior Court prior to transfer of management responsibilities of the homeowner's association to the resident membership.