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Gwinnett County |
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Code of Ordinances |
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Appendix A. UNIFIED DEVELOPMENT ORDINANCE |
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Chapter 900. Infrastructure, Streets, Sidewalks, Multi-Use Paths, Greenways |
§ 900-60. Street Design Standards.
900-60.1 Street Grades and Design Speeds.
A.
Minimum grade for all Local and Minor Collector Streets shall be 1.5 percent. Minimum grades for all major collector and arterial streets shall conform to Georgia Department of Transportation standards and regulations.
B.
Minimum grade of less than 1.5 percent on a local street may be approved by the Department, based on adequate engineering designs, where at least 1.5 percent cannot reasonably be achieved due to topographical limitations imposed by the land. In such cases, a Record Drawing and such computations as necessary shall be provided after construction to establish that the street will drain in accordance with this UDO. Street sections where unacceptable pooling, excessive spread at catch basins, or other hazardous conditions occur shall be reconstructed or otherwise improved to eliminate such conditions.
C.
Minimum vehicle design speeds and maximum grades allowable in Gwinnett County by street classification shall be as shown in Table 900.6.
D.
Maximum grade on any cul-de-sac turnaround shall be 6 percent.
Table 900.6. Minimum Design Speeds and Maximum Grades.
Street Category Maximum Grade Design Speed Principal Arterial 8% 60 MPH Major Arterial 9% 50 MPH Minor Arterial 10% 40 MPH Major Collector 10% 40 MPH Minor Collector 10% 30 MPH Local 15% * 25MPH * Grades between 11 percent and 15 percent shall not exceed a length of 150 feet and shall require an "as graded" survey prior to the installation of the curb or utilities. The distance shall be measured as the tangent length between points of curvature.
900-60.2 Vertical Street Alignment.
A.
All changes in street profile grades having algebraic difference greater than one percent shall be connected by a parabolic curve having a minimum length (L) equal to the product of the algebraic difference between the grades in percent (A) and the design constant (K) assigned to the street according to its category (i.e., L=KA).
B.
Constant (K) values are shown in the Table 900.7 for both desirable and minimum acceptable ("hardship") conditions. In all cases, the "desirable" value shall be used, unless it cannot be achieved due to topographic conditions beyond the developer's control. In such hardship situations, the Department may approve a lesser value to the extent required by the hardship situation, but in no event less than the value shown in Table 900.7 as "minimum."
Table 900.7. Constant (K) Values for Vertical Curves.
Crest Curves Sag Curves Street Category Minimum Desirable Minimum Desirable Principal Arterial 151 320 136 155 Major Arterial 84 170 96 110 Minor Arterial 44 80 64 70 Major Collector 44 80 64 70 Minor Collector 19 30 37 37 Local 12 20 26 26 900-60.3 Horizontal Street Alignment.
A.
All new streets shall adhere to the standards governing horizontal curvature and superelevation as set forth in Table 900.8 below:
Table 900.8. Horizontal Curves.
Street Category Minimum Radio (Ft.) Maximum Superelevation Principal Arterial 1,333 0.06 Major Arterial 833 0.06 Minor Arterial 560 0.04 Major Collector 560 0.04 Minor Collector 300 0.04 * Local 181 0.00 * No superelevation will be allowed on Minor Collectors internal to residential subdivisions
B.
Superelevation for horizontal curves shall be calculated utilizing the following formula:
R = minimum radius curve
v = vehicle design speed (MPH)
e = rate of superelevation (decimal of a foot rise per foot roadway)
f = side friction factor
R = v2 / 15 (e + f)
Vehicle Design Speed (v) 30 40 50 60
Side Friction Factor (f) .16 .15 .14 .12
C.
Widening section along existing streets shall be designed reflecting existing curvature and superelevation, if any, unless the existing street has been included in a specific design by the Gwinnett County Department of Transportation or Georgia Department of Transportation which calls for different standards, in which case the project will be coordinated with the overall design.
D.
Superelevation runoff. Roadway edge curves shall be provided for tangent runout (bringing edge from a normal crown to centerline elevation) and superelevation runoff (from the end of tangent runout to the point of design superelevation) in accordance with design standards of the Georgia Department of Transportation or other professional engineering standards.
E.
Tangents and compound curves. Between reverse horizontal curves there shall be not less than the minimum centerline tangents shown in Table 900.9 unless otherwise specified by the Georgia Department of Transportation. Compound radii curves are prohibited. At least the "desirable" length shall be provided unless hardship conditions of topography or property configuration will not allow lengths greater than those shown as "minimum." For compound circular curves, the ratio of the flatter radius to the sharper radius shall not exceed 1.5 to 1.
Table 900.9. Tangents.
Street Category Minimum Tangent Length Desirable Tangent Length Principal Arterial 150 180 Feet Major Arterial 125 150 Feet Minor Arterial 100 120 Feet Major Collector 100 120 Feet Minor Collector 75 90 Feet Local 50 60 Feet Note: Minimum tangents are based on the distance traveled in 1.7 seconds at the design speed for each category of street. Desirable length is based on distance traveled in 2.0 seconds
900-60.4 Horizontal and Vertical Clearances.
A.
Horizontal clearances.
1.
A shoulder of no less than 11 feet from the back of curb or edge of pavement, appropriately graded and having gentle slopes of not more than 0.5 inch per foot and rounded cross-sectional design shall be maintained along all streets. Beyond the shoulder but within the right-of-way, slopes shall not exceed 1 foot of rise for each 2 feet of horizontal distance on a cut slope, and 1 foot of fall for each 3 feet of horizontal distance on a fill slope.
2.
Along all public streets, a clear zone shall be provided per current AASHTO standards wherein nothing may be located above ground level except traffic/street signs, public utility structures, driveways, and mail boxes.
3.
At selected locations, such as the outside of a sharp curve a wider clear zone with greater horizontal clearances provided to any roadside obstruction may be required.
4.
The Department of Transportation, in accordance with O.C.G.A. § 32-6-51, is authorized to remove or direct the removal of any sign, signal, device, or other structure erected, placed, or maintained on the right-of-way of a public road which because of its nature, construction, or operation constitutes a danger to or interferes with the vision of drivers of motor vehicles.
B.
Vertical clearances. Vertical clearance at underpasses shall be at least 14.5 feet over the entire roadway width.
900-70.1 Specifications. Unless otherwise specifically set forth herein, all of the materials, methods of construction, and workmanship for the work covered in reference to street construction shall conform to the latest specifications of the Georgia Department of Transportation.
900-70.2 Subgrade Preparation for All Streets.
A.
Subgrade preparation shall be in accordance with Georgia Department of Transportation specifications.
B.
Removal of unsuitable material. If any sections of the subgrade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized.
C.
Compaction. Fill shall be placed in uniform, horizontal layers not more than 8 inch thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95 percent of maximum dry density except for the top 12 inches which shall be compacted to 100 percent of maximum dry density.
D.
Brought to line and grade. After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the subgrade shall be brought to the lines, grades, and typical roadway section shown on the plans.
E.
Utility trenches to be compacted. All utility crossings within the right-of-way must be installed prior to subgrade approval. All manhole covers must be flush with top of intermediate course if there is a delay in applying the final surface course for new roadway pavement. Manhole covers will be required to be adjusted flush when final surface course is installed. Utility trenches cut in the subgrade shall be backfilled as specified herein. Compaction tests at the rate of 1 per 150 feet of trench shall be provided to verify compaction.
F.
Roll testing required. The subgrade must pass roll testing prior to placement of the base material. The roll test of the subgrade and base material shall be observed and approved by a Department Development Inspector prior to paving.
G.
Temporary traffic surface. When the street is to be used for construction traffic before the paving work is completed, a layer of stone (except crusher run) shall be laid as a traffic surface. This material shall not be used as a part of the base material. It may be worked into the subgrade, or it shall be removed before the base course is set up for paving.
H.
Provisions to drain low points. Provisions shall be made to drain low points in the road construction when the final paving is delayed. A break in the berm section is required when the curbing has not been constructed. Drainage under the curb to side slopes after installation is required, using minimum four inch diameter pipe sections. Vegetated or stabilized swales should be considered for managing road construction runoff. Swales shall be constructed in accordance with the Gwinnett County Stormwater Systems and Facilities Installation Standards and Specifications.
900-70.3 Project Access Improvement Standards.
A.
Sections wider than 4 feet in width. For sections 4 feet or greater in width, the section shall comply with the construction standards for new streets, in accordance with the street's category as shown on the officially adopted Gwinnett County Long Range Road Classification Map. The base course must pass roll testing prior to paving. If a delay is expected, then the base must be sealed and retested prior to paving.
B.
Sections less than 4 feet in width. For sections less than 4 feet in width, 6 inches of class "B" concrete shall be poured flush with the adjacent pavement surface and dyed black. A minimum of 8 inches of Graded Aggregate Base shall be provided below the widening section.
900-70.4 New Local and Minor Collector Streets.
A.
The following standards shall apply to new local and minor collector streets in residential subdivision and non-residential projects.
1.
The base course shall consist of at least 8 inches of graded aggregate base. After being thoroughly compacted and brought to proper section, an intermediate course of 2 inches of 19 mm Superpave shall be applied.
2.
The final asphaltic surface course of 1.25 inches of 9.5 mm Superpave Type II shall be applied.
3.
If a delay in paving is anticipated, then the base course shall be primed the same day it is compacted and cured in accordance to Georgia DOT standards.
4.
Upon the final acceptance of the final surface course, a maintenance bond for a period not to exceed 18 months following the date of approval of Development Conformance shall be required.
B.
Local residential-rural streets. Where allowed, local residential-rural streets may install streets without curb and gutter. In such cases, the road base shall be extended 1 foot beyond the edge of pavement, and the shoulders shall extend eight feet from the edge of pavement to a standard ditch section on each side (see Standard Drawings in the Appendix of this UDO). Otherwise, the roadway shall comply with the standards for new residential subdivision streets set forth in Section 900-70.4.A.
(Ord. No. UDOA2014-00001(GCID No. 2014-0548), 7-22-14)
900-70.5 New Major Thoroughfares. Minor collectors or greater shall be constructed in accordance with designs prepared by Gwinnett County or Georgia DOT, or, if no design has been prepared, to the following standards:
A.
Arterials Pavement Section:
1.
10 inches GAB.
2.
4 inches of 25mm Superpave.
3.
2 inches of 19mm Superpave.
4.
1.5 inches of 9.5mm Type II Superpave (volumes less than 10,000 ADT), OR;
5.
1.5 inches of 12.5mm Superpave (volumes greater than 10,000 ADT).
B.
Collectors Pavement Section:
1.
10 inches GAB.
2.
4 inches of 19mm Superpave.
3.
1.5 inches of 9.5mm Type II Superpave (volumes less than 10,000 ADT), OR;
4.
1.5 inches of 12.5mm Superpave (volumes greater than 10,000 ADT).
Section 900-80. Curbs and Gutters.
900-80.1 Curb and Gutter Required. All new streets and Project Access Improvements shall be provided with curb and gutter except in subdivisions zoned RA-200, where swale ditches may be provided in lieu of curb and gutter. All gutters shall drain smoothly with no areas of ponding.
900-80.2 Residential Curbing. Residential curbing shall meet the following requirements:
A.
Concrete shall be Class "B" (as defined by Georgia Department of Transportation) and have a minimum strength of 3,000 PSI at 28 days.
B.
Typical minimum section shall be 6″ × 24″ × 12″.
C.
Vertical curbing only.
900-80.3 Industrial or Commercial Curbing. Industrial or commercial curbing shall meet the following requirements:
A.
Concrete shall be Class "B" (as defined by Georgia Department of Transportation) and have a minimum strength of 3,000 PSI at 28 days.
B.
Typical minimum section shall be 8″ × 24″ × 14″.
C.
Vertical curbing only.
900-80.4 Collector and Arterial Curbing. Collector and Arterial curbing shall meet the following requirements:
A.
Concrete shall be Class "B" (as defined by Georgia Department of Transportation) and have a minimum strength of 3,000 PSI at 28 days.
B.
Typical minimum section shall be 8″ × 30″ × 14″.
C.
Vertical curbing only.
900-80.5 Construction Methods.
A.
Curb and gutter shall be set true to line and grade, be field staked, and finished to the section shown on the plans. Along the Project Access Improvements of a road which the Department of Transportation has identified for resurfacing within one year of the new construction, the grade of the new gutter shall be placed 1 inch above the Project Access Improvement pavement grade in areas where drainage will not be adversely affected.
B.
Line and grade shall be field staked for grades less than two percent and grades over 12 percent, and within 100 feet in both directions from all low points.
C.
One-half inch expansion joints or premolded bituminous expansion joint material shall be provided at all structures and radius points and at intervals not to exceed 250 feet in the remainder of the curb and gutter.
D.
Inferior workmanship or unprofessional construction methods resulting in unacceptable curb and gutter will be cause for rejection of the finished work.
E.
Disturbed areas along all curbing shall be backfilled, stabilized, and grassed.
Section 900-90. Sidewalk Requirements.
900-90.1 Sidewalks. Sidewalks and curb ramps shall be constructed in all new development or redevelopment along all abutting or internal streets, existing or new, private or public. Whenever a discrepancy occurs between the design and construction standards of this UDO and any state or federal regulation, then the most restrictive shall apply.
900-90.2 Sidewalk and curb ramp installation and timing. Sidewalks and curb ramps shall be installed as follows:
A.
Developers shall connect proposed sidewalks on developed property to the adjacent property's sidewalks.
B.
Residential subdivision projects. Sidewalks and curb ramps, where required, shall be installed on new internal streets (both sides including "eyebrow" turnarounds and cul-de-sacs) and on abutting external streets (abutting side).
C.
Residential subdivision developer's responsibility. Developers shall install sidewalks and curb ramps on abutting external streets, "passive" recreation areas, common area and open space prior to the approval of the Final Plat. Sidewalks on "active" recreation area lots shall be installed prior to issuance of a Certificate of Occupancy.
D.
Homebuilder responsibility. Homebuilders shall install sidewalks, and curb ramps not required to be installed by developers, on residential lots prior to release of the Certificate of Occupancy for a home.
E.
Non-residential and non-subdivision projects. Sidewalks shall be installed on new internal streets (both sides including cul-de-sac and "eyebrow" turnarounds) and on abutting external streets (abutting side) by the lot owner or developer prior to the issuance of a Certificate of Occupancy.
F.
Performance surety. Performance surety for sidewalks and ramps not yet installed must be approved by the Director. The surety shall be in an amount acceptable to the County.
G.
Escrow alternative. The cost of sidewalk installation may be set aside in escrow with the Department of Transportation if proposed road improvements by the County may impact the location of a sidewalk or if
the sidewalk cannot be constructed due to topographic or utility constraints. Costs shall be set at a linear rate by Gwinnett DOT and are subject to include construction, acquisition, and engineering costs for sidewalk projects within the County.
900-90.3 Sidewalk design and construction standards. Sidewalks shall be constructed in accordance with the requirements of this section. The Director is authorized to grant Modifications upon specific application due to topographic or drainage difficulty as well as alternative design proposals after receiving a recommendation from the Department of Transportation.
A.
Width. Sidewalks shall be at least 4 feet wide on new internal subdivision streets and at least 5 feet wide on abutting external streets with the following exceptions:
1.
Sidewalks shall be at least 5 feet wide on new internal streets or drives within the Senior Oriented Residence District (R-SR) and Office-Residential District (O-R).
2.
Sidewalks shall be at least 5 feet in width on new local non-residential streets and 5 feet in width for new local residential streets in the TND and Mixed-Use Districts (MU-N, MU-C and MU-R) and shall conform with this Section and any additional requirements of Sections 210-190 through 210-225.
B.
Setback. Sidewalks shall be located at least 2 feet from the back of curb. The area between the curb and the sidewalk shall consist of grass or landscaping and shall be consistent with the requirements of Chapters 600 through 640 of this UDO. Where no curb exists, or if road improvements are proposed for installation by the County, sidewalks, including appropriate storm-water infrastructure, shall be constructed in a location acceptable to the Gwinnett County Department of Transportation.
C.
Cross slope. Sidewalks shall be constructed with a cross slope of 0.25 inch per foot. Sidewalks shall maintain this cross slope at driveway crossings or transition the sidewalk to a driveway with ramps and detectable warnings.
D.
Material. Class "B" concrete (as defined by Georgia Department of Transportation) with a minimum strength of 2,200 PSI at 28 days.
E.
Final stabilization. Disturbed areas resulting from sidewalk construction shall be backfilled, stabilized, and grassed or landscaped.
F.
Georgia Department of Transportation controlled roads. Sidewalks located in the right-of-way of roads under the jurisdiction of the Georgia Department of Transportation shall be constructed in accordance with Georgia Department of Transportation design and construction standards.
G.
Sidewalk curb ramp design and construction standards. Intersection radius curb ramps shall be provided at street intersections. Straight ramps may be provided at intersections of curbed driveways and at streets without sidewalks. Curb ramps shall meet the requirements of the Americans with Disabilities Act .
H.
Damage repair. Damage to roads, sidewalks, curbs, and ramps caused by construction or development activity shall be repaired at no cost to the County within 30 days or prior to issuance of a Certificate of Occupancy, whichever is earlier.
Section 900-100. Multi-Use Path Requirements.
900-100.1 Multi-use paths shall be provided along one side of arterial streets. The developer/builder shall coordinate with the Department of Transportation for location and approval. Where provided multi-use paths shall comply with the provisions of this section as well as the provisions contained in Chapter 360 of this UDO and shall meet the following requirements:
900-100.2 Width. Multi-use trails and paths shall be a minimum of 10 feet in width.
900-100.3 Material and construction details.
A.
A multi-use path that is constructed in a floodplain, adjacent to a stream, or adjacent to undisturbed land shall be asphalt or concrete or approved alternative such as pervious asphalt, or pervious pavement. In all other cases, a multiuse path shall be concrete.
B.
Multi-use paths shall be designed to minimize direct auto-pedestrian and/or auto-conflicts by such means as striping and signs.
C.
Multi-use paths shall be connected to crosswalks at intersections where applicable.
Section 900-110. Greenway Requirements.
900-110.1 Greenways shall be designed and developed in coordination with the Gwinnett County Open Space and Greenway Master Plan. Greenways, where provided, shall comply with the provisions of this section as well as the provisions contained in Chapter 360 of this UDO and shall meet the following requirements:
A.
For width, materials, and design standards refer to the Gwinnett County Open Space and Greenway Master Plan Update.
B.
Construction Obligation. The greenway shall be constructed by the developer prior to issuance of a Certificate of Occupancy, or in the case of residential subdivisions, prior to the approval of the Final Plat.
1.
Residential subdivision developer's responsibility. Where required, developers shall install greenways on open space, common area and abutting external streets, prior to the approval of the Final Plat. Greenways on "active" recreation area lots shall be installed prior to issuance of a Certificate of Occupancy.
2.
Homebuilder responsibility. Homebuilders shall install greenways not required to be installed by developers on building lots prior to release of the Certificate of Occupancy for a home.
3.
Non-residential projects. Greenways, where required, shall be installed prior to the issuance of a Certificate of Occupancy.
4.
Performance surety. Performance surety for greenways not yet installed must be approved by the Director. The surety shall be in an amount and form acceptable to the County.
900-110.2 Greenway Maintenance and Liability.
County Maintenance.
The County will accept maintenance responsibility similar to its maintenance for County-owned park property, for a greenway if the Director of Community Services or designee finds all of the following:
A.
The applicant requests that the County assume the responsibilities
B.
The greenway lies within an easement or right-of-way granted to the County for trail purposes
C.
The greenway has been constructed to County standards
D.
The greenway is physically continuous for at least 1/4-mile along the designated route. This requirement for a minimum length of route segment or route spur will be waived if the primary network greenway has not been made part of a physically continuous segment of at least 1/4-mile within two years after completion of the segment under consideration
E.
If the applicant desires to use a private security force to patrol the greenway area, the owner has signed an agreement holding the County harmless from all claims, suits, or actions of any nature, caused or arising out of the actions of the private security force, its subcontractors, agents, or employees
900-110.3 Owner/Applicant maintenance. The owner/applicant retains maintenance responsibilities unless these responsibilities are accepted by the County. Where the applicant retains maintenance responsibilities, the greenway must be maintained at a level at least equal to those design standards as required by the Gwinnett County Open Space and Greenway Master Plan.
Section 900-120. Traffic Control Devices.
900-120.1 Traffic Control Signs. Street signs, traffic control signs, and devices such as striping and signalization, shall be provided through payment of fees to the Department of Transportation for the installation thereof.
900-120.2 Street Name Signs. Public street name signs shall have a green background with white legends mounted on channelized posts. Private street name signs shall have a blue background with white legends mounted on channelized posts. Alternate post material shall be subject to the review and approval of the Department of Transportation. The posts and signs will be furnished and installed by the County at all street intersections. The developer (or homeowners association in the event an alternate signpost is chosen at a later date) shall pay the County's costs.
900-120.3 Traffic Signals and Signs. All traffic signals and signs shall conform to the Manual on Uniform Traffic Control Devices (no decorative traffic control devices will be allowed) or as per Gwinnett County Department of Transportation.
900-120.4 Striping Requirements. All newly constructed streets having four or more lanes (including auxiliary lanes) and existing streets being widened with one or more additional lanes shall be striped or the payment of said striping costs shall be required from the Developer by the Department of Transportation prior to the Approval of Development Conformance for the project. Striping shall be accomplished with paint meeting Georgia Department of Transportation standards conforming to the Manual on Uniform Traffic Control Devices.
900-120.5 Payment of Fees. Payment for materials and installation of street name and traffic control signs in new developments shall be required by the Department of Transportation prior to the approval of the Final Plat for new subdivision streets and the Approval of the Development Conformance for all other developments.
Section 900-130. Traffic Calming Devices.
900-130.1 Subdivision streets shall be designed in accordance with the Gwinnett County Traffic Calming Guide. The maximum length of roadway section between speed control points, as defined by the Traffic Calming Guide, shall be 500 feet.
900-130.2 The traffic-calming plan is subject to review and approval by the Department of Transportation. The Director of the Department of Transportation may grant modifications.
Section 900-140. Private Streets and Alleys.
900-140.1 Private Streets and Alleys Permitted.
A.
Application for approval of private streets shall be considered by the Board of Commissioners. Notwithstanding other provisions of the UDO, the Board of Commissioners may impose conditions on the approval of private streets to ensure the health, safety and welfare of the general public and to mitigate potential problems with private streets.
B.
Alleys intended to serve as private access route in the rear of buildings shall be permitted, constructed and maintained as private driveways, and in substantial conformance with the UDO Design Guidelines. Application for approval of such private alleys may be considered by the Director of Department of Planning and Development.
900-140.2 General Provisions.
A.
It shall be unlawful for any person, firm, or corporation to construct a new private street or alley, or alter an existing private street or alley, or to cause the same to be done without first obtaining a development permit, for such construction or alteration, from the Department.
1.
All private streets shall be constructed to the roadway construction standards for public streets as required by the UDO, and contained herein. All private alleys shall be designed and constructed as private driveways as required by the UDO. No permit for a private street or alley shall be issued unless the proposed roadway improvements are in conformity with the standards and requirements for public streets and the applicable provisions of the UDO.
2.
For setback purposes, front setbacks shall be measured as if the streets were public streets, or as approved by individual variances. Rear setbacks of lots adjacent to alleys shall be a minimum of 5 feet measured from the rear property line of such lot.
3.
The subdivider/developer shall comply with the Department of Fire and Emergency Services general order for security gate access, if a gated development is proposed.
4.
All provisions of the UDO regarding roadways, water lines, sewer lines, stormwater facilities and their appurtenances, including the design, submittal of plans, required improvements, etc., shall apply to all developments with private streets or alleys approved pursuant to this section.
5.
The subdivider/developer shall comply with the standards and requirements of the Department of Water Resources for the installation of water and sanitary sewer mains within private developments/subdivisions.
6.
The subdivider/developer shall establish a mandatory property owners association, with bylaws and/or covenants which shall include the following:
a.
Mandatory membership of all purchasers of lots therein and their successors
b.
Responsibility for maintenance, insurance and taxes
c.
Equitable sharing of the cost of maintenance
d.
Authority to place liens on the real property of members who fail to pay their dues or assessments
7.
No Final Plat or development permit involving any private street shall be approved unless said Final Plat or development permit conforms to the requirements of this section.
900-140.3 Street Names and Address Assignments for Private Streets.
A.
Proposed names for private streets shall follow the same rules as for public streets in Section 360-100.2.
1.
The subdivider of land involving a private street shall install street signs with the street name and designation "private," as approved by the Department.
2.
Street address assignments will be in accordance to Section 360-100.3, Street Address Assignments.
900-140.4 Easements for Private Streets or Alleys.
A.
Easements for private streets shall be designated on Final Plats as general purpose public access and utility easements, along with the name of said street. Said easement shall at minimum be of the same width as that required for the right-of-way of a public street as shown on the Long Range Road Classification Map for the type of public street (local, collector, etc.) most closely resembling the proposed private street.
B.
In cases where alleys are intended to serve as private service or access route, either with or without utility easement, for more than two properties, then the alleys shall have a minimum easement width of 20 feet and shall be designated on Final Plats as private access and utility easement, as applicable, and on its own discrete parcel to be dedicated to a private property association.
1.
Easements for private streets and alleys shall not be included in any calculation of minimum lot size as established by this UDO.
2.
In the cases of private streets where roadway improvements are not required (i.e. exemption plat, minor subdivision), the general purpose public access and utility easement for the private street shall be shown in a manner on the plat such that each lot fronting the private street extends to the centerline of the private street. No lot shall be permitted to be divided by the general purpose public access and utility easement required and established for a private street.
3.
In the cases of private streets where roadway improvements are required, the general purpose public access and utility easement for a private street shall be drawn as its own discrete parcel to be dedicated to a private homeowners association (i.e., not shown to be a part of any lot).
900-140.5 Maintenance.
A.
Gwinnett County shall not maintain, repair, resurface, rebuild, or otherwise improve streets, signs, drainage improvements, or any other appurtenances within general purpose public access and utility easements established for private streets or alleys.
1.
Gwinnett County assumes full responsibility for the repair and maintenance of the water and/or sanitary sewer mains and appurtenances and any areas disturbed by repair or maintenance efforts will be restored to as near to its original condition as is feasible. Permanent repairs to the streets shall be made by the homeowners associations or other entity having maintenance responsibility for the development. Driveways and sidewalks will be repaved, sodded or landscape areas will be graded, smoothed, reseeded or resodded where appropriate. Maintenance responsibility by Gwinnett County for individual sanitary sewer stubs shall extend to the end of the standard six-inch stub, and to the water meter for individual water lines.
2.
A private maintenance covenant recorded with the Clerk of the Superior Court shall be required for any private street, alley and other improvements within general purpose public access and utility easements established for private streets and alleys. The covenant shall set out the distribution of expenses, remedies for non-compliance with the terms of the agreement, rights to the use of easements, and other pertinent considerations. The covenant shall specifically include the following terms:
a.
The covenant shall establish minimum annual assessments in an amount adequate to defray costs of ordinary maintenance and procedures for approval of additional needed assessments. The covenant shall also specify that the funds from such assessments will be held by a homeowners or property owners association in cases of a subdivision fronting on a private street or containing a private alley.
b.
The covenant shall specify that the property owners association shall be responsible for the maintenance and repair of the stormwater drainage system and all common areas within the development.
c.
The covenant shall include a periodic maintenance schedule.
d.
The covenant for maintenance shall be enforceable by any property owner served by the private street or alley.
e.
The covenant shall establish a formula for assessing maintenance and repair costs equitably to property owners served by the private street or alley.
f.
The covenant shall run with the land.
3.
The Board of Commissioners may, at its discretion, as a condition of approving private streets, require a performance bond and/or maintenance bond be submitted by the subdivider and held by a homeowners or property owners association, or the Board may require that the subdivider pay an amount of money as recommended by the Director into an escrow account or other suitable account for the construction, maintenance and repair of private streets and stormwater management improvements, to be drawn from by the homeowners or property owners association as the need may arise.
900-140.6 Specifications for Final Plats Involving Private Streets. No Final Plat involving a private street shall be approved by the Department for recording unless and until it shall contain the following on the face of the plat:
A.
Deed book and page reference to the recorded covenant required in Section 900-120.5 Maintenance, as listed above.
1.
"Gwinnett County has no responsibility to build, improve, maintain, or otherwise service the private streets, drainage improvements, and other appurtenances contained within the general public purpose access and utility easement or easements for private streets shown on this plat."
2.
"Grant of Easement. The general purpose public access and utility easement(s) shown on this plat for private street(s) is hereby granted and said grant of rights shall be liberally construed to provide all necessary authority to the County, and to public or private utility companies serving the subdivision, for the installation and maintenance of utilities, including, but not limited to electric lines, gas lines, telephone lines, water lines, sewer lines, cable television lines, and fiber optic cables, together with the right to trim interfering trees and brush, together with a perpetual right of ingress and egress for installation, maintenance, and replacement of such lines.
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Signature of Property Owner Date3.
"Certificate of Dedication." All water and sewer lines installed within the general purpose public access and utility easement(s) shown on this plat for private street(s) are hereby dedicated to Gwinnett County.
900-140.7 Requirement for Purchaser's Acknowledgement of Responsibilities for Private Street and/or Alley.
A.
Prior to the sale or as a condition of the closing of a real estate transaction involving any lot served by a private street or alley in Gwinnett County, the purchaser of said lot shall execute a notarized Purchaser's Acknowledgement of Private Street and/or Alley Construction and Drainage Maintenance Responsibilities set forth below. A copy of the purchaser's acknowledgement shall be retained by the subdivider or seller and shall be required to be submitted as a condition of a Building Permit for a principal building on said lot:
"Purchaser's Acknowledgement of Private Street and/or Alley and Drainage Maintenance Responsibility."
(I) (We) have read the Declaration of Covenant which pertains to the lot that is the subject of this real estate transaction _______(insert address or attach legal description). (I) (We) understand that the Declaration of Covenant applies to the lot that (I am) (we are) purchasing and requires (me) (us) to provide a specified percentage or amount of the financing for the construction and maintenance of any private street (and/or alleys) and drainage facilities serving the lot which (I am) (we are) purchasing, and that owners of other lots in this plat may sue and recover for those costs which this covenant requires (me) (us) to pay, plus their damages resulting from (my) (our) refusal to contribute, plus reasonable attorney's fees. (I) (we) further understand that the County has no obligation to assist with the maintenance and improvement of the private street or alley, drainage facilities, and other appurtenances within the general purpose public access and utility easement for the private road serving the lot in question. (I) (we) understand that a copy of this purchaser's acknowledgement shall be required as a condition of the issuance of a building permit for a principal building on the lot (I am) (we are) purchasing.
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Purchaser Date Purchaser Date