§ 330-10. Land Disturbance Permits.

330-10.1   Clearing Permit, Clearing and Grubbing Permit, and Grading Permit. The following permits covering portions of the land development process may be issued in accordance with the requirements of this UDO and the provisions of any Metropolitan River Protection Act Certificate, if applicable:

A.

Clearing Permit:

1.

A permit limited to clearing only with no grubbing or other land disturbance except for such activities necessary to install and maintain erosion and sediment control practices (as defined in the Georgia Soil Erosion and Sedimentation Act) may be authorized upon identification of the property, a specimen tree survey, the limits of the area to be cleared, the type of activities to be undertaken and the following items may be required:

a.

Soil Erosion, Sedimentation and Pollution Control Plan (unless exempt under Chapter 400 of this Ordinance).

b.

Hydrology Study if a Soil Erosion, Sedimentation and Pollution Control Plan is required.

c.

Specimen Tree Concept Plan (if specimen trees are present on the property)

d.

Tree Preservation and/or Replacement Plan as may be required under Chapter 630 of this Ordinance.

All clearing activities are to be consistent with the provisions of this UDO, Chapter 400 of this UDO, and any conditions of zoning approval. If clearing of the required tree density units is proposed, a performance bond and a development performance agreement may be required prior to issuance of permit to guarantee tree replacement will occur in future phases.

2.

A clearing permit shall expire unless activities are commenced within 60 consecutive calendar days of issuance of the permit or if activities lapse and are abandoned for a period exceeding 30 consecutive calendar days.

3.

A clearing permit shall not be construed as approval of or authorization to construct any improvements, buildings, or other structures on the property.

4.

If landscape improvements are required by the land disturbance permit, then all plantings must be completed, or a performance bond shall be filed for the incomplete work prior to the closing of such permit.

B.

Clearing and Grubbing Permit:

1.

A permit limited to clearing and grubbing only may be authorized upon identification of the property, a specimen tree survey, the limits of the area to be cleared and grubbed, the type of activities to be undertaken, and the following items may be required:

a.

Soil Erosion, Sedimentation and Pollution Control Plan.

b.

Hydrology Study

c.

Specimen Tree Concept Plan (if specimen trees are present on the property)

d.

Tree Preservation and/or Replacement Plan as may be required under Chapter 630 of this Ordinance.

Appropriate soil erosion, sedimentation and pollution control and tree protection measures shall be placed and maintained as required. If clearing of the required tree density units is proposed, a performance bond and a development performance agreement may be required prior to issuance of permit to guarantee tree replacement will occur in future phases.

2.

A permit for clearing and grubbing shall expire unless activities are commenced within 60 consecutive calendar days of issuance of the permit or if activities lapse and the project is abandoned for a period exceeding 30 consecutive calendar days.

3.

A clearing and grubbing permit shall be limited to the removal of vegetation and stumps and the placement of required tree protection measures and soil erosion and sedimentation facilities, and may authorize the removal of existing stormwater facilities and infrastructure on the property at the option of the developer. A demolition permit is required to remove all other existing structures. No grading or construction activities may be started under a clearing and grubbing permit except for such activities necessary to install and maintain erosion and sediment control practices. The approval of a clearing and grubbing permit shall not imply the approval of or authorization to construct any improvements, buildings, or other structures on the property.

4.

If landscape improvements are required by the land disturbance permit, then all plantings must be completed, or a performance bond shall be filed for the incomplete work prior to the closing of such permit.

C.

Grading Permit:

1.

A grading permit, which may include clearing and grubbing, may be issued prior to approval of a development permit, as provided under Chapter 330-20 of this UDO. A grading permit may also be issued for earth borrow or storage, where no development or construction is proposed or imminent, based on approval of a grading plan, Soil Erosion, Sedimentation and Pollution Control Plan, and hydrology study, consistent with the requirements of Chapter 400, the zoning category of the site, and the provisions of the Gwinnett County 2030 Unified Plan (as applicable). A specimen tree survey, a Specimen Tree Concept Plan, and a Tree Preservation and/or Replacement Plan may be required as specified under Chapter 630 of this UDO. If clearing of the required tree density units is proposed, a performance bond and a development performance agreement may be required prior to issuance of permit to guarantee tree replacement will occur in future phases.

2.

A permit authorizing but limited to grading (and clearing and grubbing) shall expire unless activities are commenced within 60 consecutive calendar days of issuance of the permit or if activities lapse and the project is abandoned for a period exceeding 30 consecutive calendar days. Any site for which the grading permit expires shall immediately be stabilized to prevent erosion.

3.

A grading permit shall be limited in its authorization to land grading activities along with associated tree protection, clearing and grubbing, and demolition activities, and may authorize the construction of storm drainage improvements and soil erosion and sedimentation facilities as allowed by the permit itself.

4.

If landscape improvements are required by the land disturbance permit, then all plantings must be completed, or a performance bond shall be filed for the incomplete work prior to the closing of such permit.