§ 310-20. Subdivision Exemptions.

310-20.1   General Requirements. For the purpose of the UDO the types of activities contained in this Section shall be considered subdivisions but exempt from the "procedures" and "required public improvements" portions of this Unified Development Ordinance, except as noted. Each such subdivision shall be drawn in accordance with Final Plat standards (except Subsection 310-20.4 B and Section 310-20.7) pursuant to the requirements of this Unified Development Ordinance and shall be submitted in an appropriate format and number of copies together with the appropriate fees to the Department for review and approval. Upon approval, the Director shall authorize the recording of the plat with the Clerk of Superior Court of Gwinnett County and grant the issuance of building permits pursuant to the Codes and Ordinances of Gwinnett County.

310-20.2   Recombinations. The combination or recombination of all of two or more buildable lots of record, where the total number of lots is not increased and the resultant lots or parcels are in compliance with Title 2 of this Unified Development Ordinance. A Final Plat or Exemption Plat shall not be required for aggregations of properties for land assembly purposes where no building permit will be requested prior to issuance of a development permit.

310-20.3   Minor Subdivision.

A.

The division of a buildable lot of record into 5 or fewer lots, provided:

1.

Each proposed lot complies with all requirements of Title 2 of this Unified Development Ordinance and is limited to single-family detached residential use.

2.

Each proposed lot abuts upon an existing public street.

3.

All project related slope and utility easements as well as necessary street right-of-way shall be provided at no cost to the County as determined by the Department based upon the officially adopted Long Range Road Classification Map.

4.

Each lot thus created may not be re-subdivided unless it complies with the provisions described herein.

5.

Each proposed lot shall comply with the requirements of the Water and Sewer Plan Review Section of the Department of Planning and Development, as appropriate, whose approval shall be required prior to approval of the Exemption Plat by the Department.

6.

Each proposed lot shall comply with the requirements of the Environmental Health Section, as appropriate, whose certification of approval shall be required prior to approval of the Exemption Plat by the Department.

7.

The Director is authorized to grant a modification from the 5 lot maximum exemption; provided, however, modifications shall not be granted to exceed a total of 7 exempt lots. The Director may impose conditions of approval upon any modification thus granted as may be necessary to ensure the general public welfare.

310-20.4   Estate Subdivisions.

A.

The division of land in any single-family detached residential zoning district into lots having a minimum lot area of at least 5 acres, provided:

1.

Each proposed lot abuts upon an existing public street which contains the necessary right-of-way width as determined by the officially adopted Long Range Road Classification Map.

2.

Each proposed lot shall provide at least 100 feet of frontage upon the street, shall provide at least 200 feet of lot width measured in accordance with the requirements of Title 2 of this Unified Development Ordinance, and shall meet or exceed all other minimum requirements of the applicable single-family detached residential zoning district.

3.

All project related slope and utility easements as well as necessary street right-of-way shall be provided at no cost to the County as determined by the Department based upon the officially adopted Long Range Road Classification Map.

4.

No lot thus created may be re-subdivided to less than 5 acres as an exemption to the UDO, unless it complies with the provisions described herein.

5.

Each proposed lot shall comply with the requirements of the Water and Sewer Plan Review Section of the Department of Planning and Development, as appropriate, whose approval shall be required prior to approval of the Exemption Plat by the Department.

6.

Each proposed lot shall comply with the requirements of the Environmental Health Section, as appropriate, whose certification of approval shall be required prior to approval of the Exemption Plat by the Department.

B.

The division of land in any single-family detached residential zoning district into lots having a minimum lot area of at least 10 acres, provided:

1.

Each proposed lot abuts upon an existing public street.

2.

Each proposed lot shall provide at least 100 feet of frontage upon the street, shall provide at least 200 feet of lot width measured in accordance with the requirements of Title 2 of this Unified Development Ordinance, and shall meet or exceed all other minimum requirements of the applicable single-family detached residential zoning district.

3.

No lot thus created may be resubdivided to less than 5 acres as an exemption to the UDO, unless it complies with the requirements as described herein.

4.

A Record Survey certified by a Land Surveyor currently registered in the State of Georgia shall be submitted to and approved by the Department showing all lots.

5.

Each proposed lot shall comply with the requirements of the Water and Sewer Plan Review Section of the Department of Planning and Development, as appropriate, whose approval shall be required prior to approval of the Exemption Plat by the Department.

6.

Each proposed lot shall comply with the requirements of the Environmental Health Section, as appropriate, whose certification of approval shall be required prior to approval of the Exemption Plat by the Department.

310-20.5   Final Plat of Non-Residential Lots. The division of land in any non-residential, commercial, office or industrial subdivision where the purpose of the subdivision is for platting purposes only, where there are no proposed improvements, shall comply with the provisions of Section 320-110 Non-residential Final Plat Specifications for "Platting Only" Purposes, provided that the following provisions are met:

A.

Each lot complies with all applicable requirements of Title 2 and Title 3 of the UDO and is limited to commercial, office or industrial use.

B.

Each lot abuts an existing street right-of-way.

C.

All project related slope and utility easements as well as necessary street right-of-way shall be provided at no cost to the County as determined by the Department based upon the officially adopted Long Range Road Classification Map.

D.

Each lot complies with the utility and stormwater requirements of the Department of Water Resources, as appropriate, whose signature of approval shall be required prior to the Final Plat approval by the Department.

E.

Each lot complies with the requirements of the Environmental Health Section, as appropriate, whose signature of approval shall be required prior to Final Plat approval of the Department.

F.

Each lot complies with the requirements of the Fire Plan Review and Building Plan Review Sections of the Department, as appropriate, whose signature of approval shall be required prior to the Final Plat approval of the Department.

G.

All existing buildings and structures shall be shown on the plat and shall meet the dimensional standards of the applicable zoning district, unless a variance or waiver is approved for each non-standard condition.

H.

Applicable easement agreements for shared access or facilities between lot owners are recorded and copies provided to the Department.

310-20.6   Non-residential Project Management. The creation of a lot for recording within an overall non-residential development, provided:

A.

The overall non-residential development is being undertaken as a single multi-phase or multi-use project under the unified control of a single developer, is zoned for such use or development, and an overall Concept Plan for the entire project has been approved by the Director.

B.

The proposed subdivision is clearly intended to transfer title for financing or building management purposes and not for the sale of the property for future development, to the satisfaction of the Director.

C.

The proposed lot has been approved by the Department to be provided permanent vehicular access by private drive. Said access shall be established by easement or acceptable covenant prior to or concurrently with recording of the Final Plat.

D.

The proposed lot must encompass a principal structure which has been granted a building permit and which is under construction or has been completed.

E.

The Final Plat shall be drawn to include the entirety of the overall development and shall clearly identify those lots to be recorded, those lots previously recorded and the remainder of the development which shall be labeled "not included." All easements, dedications, etc., shall be shown as appropriate or as required. Each lot shall be consistent with the zoning approved for the overall development and the applicable requirements of Title 2 of this Unified Development Ordinance.

310-20.7   Amnesty Lots. The designation of a lot as a buildable lot of record if the lot was recorded between June 2, 1970, and the effective date of this Unified Development Ordinance but not reviewed and approved under the provisions of the Subdivision Regulations in effect at that time, provided:

A.

The Exemption Plat is limited to one individual lot and no property which adjoins the lot is, or has been, owned by the applicant in whole or in part.

B.

The lot meets all requirements of Title 2 of this Unified Development Ordinance, and the applicant demonstrates to the satisfaction of the Director that approval of the lot will not create nonconformity to the requirements of Title 2 of this Unified Development Ordinance on any other portion of the original property from which the lot was subdivided.

C.

The lot abuts upon an existing public street.

D.

All project related slope and utility easements as well as necessary street right-of-way shall be provided at no cost to the County as determined by the Department based upon the officially adopted Long Range Road Classification Map.

E.

The lot shall comply with the requirements of the Water and Sewer Plan Review Section of the Department of Planning and Development, as appropriate, whose approval shall be required prior to approval of the Exemption Plat by the Department.

F.

The lot shall comply with the requirements of the Environmental Health Section, as appropriate, whose certification of approval shall be required prior to approval of the Exemption Plat by the Director.

G.

A Record Survey certified by a Land Surveyor currently registered in the State of Georgia shall be submitted to and approved by the Department showing the lot.