§ 34-6. Definitions of words and phrases.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alley or service drive means a minor, permanent, public service-way which is used primarily for vehicular service access to the back or the side for properties otherwise abutting on a street.

Applicant means a person, either the owner or the bona fide representative of the owner of land or structures governed by these regulations, who seeks authority to use, develop, construct upon or otherwise enjoy the use of property through any of the procedures established under these regulations.

Arterial means a principal arterial, major arterial, or minor arterial street as defined and designated in the comprehensive plan of the city.

As-built survey. See Record drawing.

Authorized registered professional.

(1)

The term "authorized registered professional" means:

a.

A landscape architect who is licensed in the state in accordance with O.C.G.A. § 43-23-1(2), (3);

b.

A land surveyor who possesses a current certificate of registration issued by the state in accordance with O.C.G.A. §§ 43-15-2(6), (7) and 43-15-13; or

c.

A professional engineer who possesses a current certificate of registration issued by the state in accordance with O.C.G.A. §§ 43-15-2(10), (11) and 43-15-9.

(2)

An authorized registered professional shall know and understand the limits of their professional expertise, certification, license or registration and shall not perform work which is outside of the scope of said professional expertise, certification, license or registration. An authorized registered professional shall be liable for complying with all state laws and rules and licensing board requirements that apply to their particular profession, including ethical standards, and shall be liable for failure to meet the applicable standards of professional care. All documents and drawings submitted to the city by an authorized registered professional shall bear that person's certification, license, registration or seal, as appropriate. The certification, license, registration or seal of an authorized registered professional on documents and drawings submitted to the city shall certify that the documents and drawings comply with all applicable city ordinances, rules and regulations and shall certify that the documents and drawings are based on personal knowledge of the conditions depicted thereon and that the accuracy and completeness of the documents and drawings have been verified by field inspection of the facilities depicted therein.

Base flood means the flood which has a one percent probability of occurring in any calendar year (i.e., the 100-year frequency flood).

Base flood elevation means the highest water surface elevation anticipated at any given point during the base flood.

Big Haynes Creek Watershed Protection Area refers to that area of land lying within the drainage basin or watershed of Big Haynes Creek, as shown on the official set of maps of the protection area maintained by the department of planning and development.

Block means a piece or parcel of land entirely surrounded by public streets, other than alleys.

Buildable lot of record means a lot or parcel of land which existed as a single parcel of ownership, recorded as such in its entirety and present boundaries with the clerk to superior court prior to June 2, 1970, or which is shown in its entirety and present boundaries on a final plat or exemption plat duly approved under these or any previously applicable regulations providing for the subdivision of land in the city and recorded with the clerk to the superior court of the city.

Building setback line means a line across a lot parallel to a street right-of-way or other property line establishing the minimum open space to be provided between any principal building and the street or other property line. All building setback lines shall be at least as restrictive as the corresponding minimum yard setbacks required in the zoning resolution. On corner lots, the minimum required front yard setback shall be provided along all abutting streets.

Certificate of development conformance means final approval issued by the department for completion of land development activities for a subdivision or project for which a development permit was issued.

Certificate of occupancy means final approval by the department for the use or occupancy of a structure for which a building permit was issued.

City means the City of Peachtree Corners, Georgia.

Clearing means the removal of trees or other vegetation, but not including grubbing activities.

Comprehensive plan means a plan summarizing and illustrating the adopted goals and objectives of the mayor and council regarding the future location and character of anticipated land uses, transportation, and other public facilities in the city. The term "comprehensive plan" includes component or functional plans for the city, including, but not limited to, a plan for land use (i.e., land use plan) or a plan for transportation facilities, and includes the classification of streets and thoroughfares as shown on the adopted long range road classification map.

Concept plan means a drawing which shows the overall concept (e.g., a concept plan) of a proposed development, and which may include lots and streets in a subdivision or the general location of buildings and improvements for a multifamily or nonresidential project, and which may be drawn to approximate dimensions in a free-hand style. A sketch plan, as required by the Gwinnett County 1970 Subdivision Regulations, is equivalent to a concept plan under these regulations.

Condominium means a form of property ownership in which the buildings or portions of the buildings, whether residential or nonresidential in use, are owned by individuals separate from the lands which surround the buildings, said lands held in common ownership by the owners of the several buildings.

Cul-de-sac means a street having one end open to traffic and being permanently terminated within the development by a vehicular turnaround. For the purpose of designation, a cul-de-sac street shall be interpreted to begin at the intersection of two or more streets nearest to the vehicular turnaround.

Department means the department of planning and development of the city.

Department of transportation means the city department of transportation.

Developer means any person, individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit who directs the undertaking or purposes to undertake development activities as herein defined, whether the development involves the subdivision of the land for sale to individual users, the construction of buildings or other improvements on a single land ownership, or both.

Development.

(1)

Verb: All activities associated with the conversion of land or the expansion or replacement of an existing use to any new use intended for human operation, occupancy or habitation, other than for agricultural purposes devoted strictly to the cultivation of the land, dairying or animal husbandry. Such activities include land disturbance (clearing and grubbing the land of vegetation and stumps, and grading) and the construction of improvements, such as, but not limited to, streets, driveways or parking areas, water or sewer mains, stormwater drainage facilities, sidewalks or other structures permanently placed on or in the property.

(2)

Noun: Where appropriate to the context, the term "development" also may be used to denote a specific subdivision or project which is a single entity or intended to be constructed as in interrelated whole, whether simultaneously or in phases.

Development agreement means a written contract between the city and a property owner or developer that specifies the system improvements to be provided by the developer for a specific project.

Development permit means an official authorization issued by the department permitting clearing, grubbing, grading, or construction of storm drainage facilities, access drives, streets, parking or other improvements exclusive of buildings.

Development plans means the detailed and professional plans showing the layout and design, site work and construction activities proposed for a project (other than architectural building plans) and including the preliminary plat or site plan (as applicable), grading plan, tree preservation/replacement plan, erosion and sediment control plan, buffer and landscape plan, and construction drawings for streets, stormwater drainage facilities, sanitary sewers, water supply facilities, and other site improvements.

Diameter breast height (dbh) means the diameter of a tree measured at a point 4.5 feet above the ground.

Director means the director of the department of planning and development or his designee.

Drainage improvements means those facilities and structures intended to control and direct the passage of stormwaters and other surface water flows from and across a property; including, but not limited to, swales and ditches, cross drains and other piping systems, catchbasins, detention ponds, and velocity dissipation devices.

Dripline means a line on the ground established by a vertical plane extending from a tree's outermost branch tips down to the ground (i.e., the line enclosing the area directly beneath the tree's crown from which rainfall would drip).

Driveway means a vehicular accessway in private ownership, other than a private street, which provides access primarily to only one property or to no more than two single-family detached residences.

Easement means recorded authorization for a specified purpose by a property owner for the use of any designated part of the real property by another entity.

Erosion control regulations means the city soil erosion and sediment control ordinance.

Exemption plat means a subdivision plat drawn to final plat standards, as contained herein, prepared in accordance with one of the exemptions provided under article II of this chapter.

Federal Emergency Management Agency (FEMA) means the federal agency which administers the National Flood Insurance Program. This agency prepares, revises and distributes the maps and studies referenced in these regulations.

Fee simple means a form of property ownership in which the buildings and surrounding lands are owned by the same person.

Final plat means a finished drawing of a subdivision showing completely and accurately all legal and boundary information and certification required by these regulations.

Fire marshal's office means a section of the county department of fire and emergency services charged with the responsibility of enforcing the city's fire prevention and protection code, the Standard Fire Prevention Code, the National Fire Prevention Code and state handicap laws.

Fire services division means a division of the county department of public safety charged with the responsibility of enforcing the city's fire prevention and life safety codes, and the city handicap ordinance.

Flood or flooding means a general and temporary condition or partial or complete inundation of normally dry land areas.

Flood boundary and floodway map means the official map issued by the Federal Emergency Management Agency, where the boundaries of the floodways are shown and the areas of special flood hazard have been defined as Zone A.

Flood insurance rate map (FIRM) means an official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the applicable risk premium zones.

Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary and floodway map and the water surface elevation of the base flood.

Floodway means the channel of a river or other watercourse and the adjacent areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Flood hazard area. See Floodplain.

Flood-related definitions. See the floodplain management ordinance for specific definitions of terms used in relation to flooding, alteration of floodplains, construction of structures in or adjacent to floodplains, etc.

Floodplain means those lands subject to flooding that have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plat (i.e., the regulatory flood). See the flood management ordinance for ancillary terms.

Floodprone area. See the floodplain management ordinance of the city.

Freeboard means the distance between the base flood elevation and the top of a stormwater detention structure.

Georgia DOT means the department of transportation of the state.

Grading means the movement, removal or addition of earth on a site by the use of mechanical equipment.

Grading permit means an official authorization issued by the department permitting grading of a site, and may include installation of attendant stormwater drainage facilities.

Grubbing means the removal of stumps or roots from a property.

Health department means the environmental health services division of the state department of human resources for the county.

Hotspot means an area where the use of the land has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater or to violate water quality standards.

House location plan (HLP) means a drawing showing lot information and all improvements, as outlined in article V of this chapter.

Impervious surface means any paved, hardened or structural surface, including, but not limited to, buildings, dams, decks, driveways, parking areas, patios, streets, swimming pools, tennis courts, walkways, and other structures.

Land disturbance permit means any permit other than a building permit issued by the city that authorizes clearing or grading activities on a site or portion of a site. Said permit may be a clearing, clearing and grubbing, a grading, or development permit, as defined and authorized herein.

Lot means a portion of a subdivision, or any other parcel of land, intended as a unit for transfer of ownership or for development, or both. In determining the area and dimensions of a lot, no part of the right-of-way of a road or crosswalk may be included.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot, double frontage, means a lot other than a corner lot abutting upon two or more streets.

Major intersection means the intersection of two or more public streets in which at least one of the streets is an arterial or major collector as designated by the comprehensive plan.

Major thoroughfare means any public street, existing or proposed, which is shown in the Comprehensive plan as an arterial or major collector.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of these Regulations, the term "mean sea level" is synonymous with National Geodetic Vertical Datum (NGVD).

Minor collector means a through street having the primary function of connecting subdivisions or other areas to major collector streets or other major thoroughfares, or functioning as a central route within a subdivision channeling traffic from the local streets to an abutting major thoroughfare or another minor collector street. For the purposes of these regulations, a central but non-through route within a subdivision or other project will be considered as a minor collector if the average daily traffic generated by the development on the route will exceed 2,000 trips.

Open space, Big Haynes Creek Watershed , means a parcel of land set aside, designated and reserved which shall remain in its natural state, undisturbed and unoccupied by any structures or impervious surfaces, and located within the Big Haynes Creek Watershed Protection Area.

Owner means a person having a majority fee simple interest in real property, or a majority interest through any other form of ownership.

Pedestrian way means a right-of-way within a block dedicated to public use, intended primarily for pedestrians and from which motor propelled vehicles are excluded.

Person means an individual, firm, partnership, corporation, joint venture, association, social club, fraternal organization, estate, trust, business trust, receiver, syndicate, or other group or combination acting singly or collectively for a common purpose, and the duly authorized agents thereof.

Planning commission means the City of Peachtree Corners Planning Commission.

Plat means a map indicating the subdivision, resubdivision, or recombination of land.

Preliminary plat means a drawing which shows the perimeter boundary, topography, lot arrangements, street layout, and other features of a proposed subdivision, as specified in these regulations.

Project means a principal building or structure, or group of buildings or structures, planned and designed as an interdependent unit, together with all accessory uses or structures, utilities, drainage, access, and circulation facilities, whether built in whole or in phases. Examples include: a principal building on a lot, a residential subdivision, a multifamily development, a shopping center or an office park.

Project access improvement means any improvement or facility that is planned and designed to provide service or access for a particular project and which is necessary for the use and convenience of the occupants or users of the project and is not a system improvement. A project access improvement includes, but is not limited to, pedestrian access improvements; site driveways; new streets; median cuts; right turn lanes, left turn lanes, acceleration lanes, and deceleration lanes made necessary to serve site driveways or new streets leading to or from the project; traffic control measures made necessary to serve site driveways or new streets; intersection improvements whose primary purpose at the time of construction is to provide access to the project; and necessary right-of-way dedications required for any project access improvement.

Record drawing means a survey or other drawing based on a field survey which shows existing features or components and horizontal or vertical information (grades or location of improvements).

Redevelopment means development on a previously developed site, but excludes ordinary maintenance activities, remodeling of existing building interiors, resurfacing of paved areas, and exterior building changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

Responsible party means, in the context of enforcement procedures, a person (as defined above) who is alleged to have committed, caused, continued or created a violation of the terms, requirements, regulations, or provisions of these regulations, whether as a direct act, through lack of action or neglect, or at the direction of or on behalf of others. A responsible party may be the owner of a premises where a violation has occurred; an occupant, whether through ownership, lease or other tenancy; a contractor, builder or developer; an agent of or person otherwise acting on behalf of the aforementioned parties; or other person acting in violation of these regulations.

Road. See Street, public.

Roadway means the paved portion of a street from back of curb to back of curb (or edge to edge of pavement for streets not having curbs), but excluding driveway aprons, bridges, and large single- and multi-cell culverts which in a hydrologic sense can be considered to function as a bridge.

Sheet flow means diffused water running overland to a defined watercourse.

Site work means development activity to prepare a property for construction of buildings or finished structures, including clearing, grubbing, grading, and installation of soil sedimentation and erosion control facilities.

Sketch plan. See Concept plan.

Street, private, means an access way similar to and having the same function as a public street, providing access to more than one property, but held in private ownership (as distinct from a "driveway").

Street, public, means a right-of-way dedicated to and accepted by the city for vehicular traffic or over which the city may hold a prescriptive easement for public access, and including designated and numbered U.S. and state highways. For the purposes of these regulations, the term "public street" shall be limited to those which afford or could afford a direct means of vehicular access to abutting property, and exclude limited access roadways which abut a property but from which direct access may not be allowed under any circumstances.

Street, local nonresidential, means a surface street intended primarily to provide local access to adjacent existing or planned commercial or industrial development and not for through traffic.

Street, local residential, means a surface street intended primarily to provide local access to adjacent residential development and not for through traffic.

Street, marginal access, means a local street which is parallel to and adjacent to a major thoroughfare and which provides access to adjacent properties and protection from through traffic.

Structure means anything constructed or erected on the ground or attached to something on the ground.

Subdivider means any person, individual, firm partnership, association, corporation, estate, trust, or any other group or combination acting as a unit dividing or proposing to divide land so as to constitute a subdivision as herein defined, including an agent of the subdivider.

Subdivision.

(1)

Verb: Any division or re-division of a lot, tract or parcel, regardless of its existing or future use, into two or more lots, tracts or parcels. The term "subdivision" shall mean the act or process of dividing property. Lots that do not abut or are not directly across a public street from other subdivided lots shall be considered a separate distinct subdivision with a separate name.

(2)

Noun: Where appropriate to the context, the term "subdivision" also may be used in reference to the aggregate of all lots held in common ownership at the time of division.

Subdivision entrance means a public street, or publicly approved private street, that provides access to subdivided lots.

System improvement means any improvement or facility, such as streets, bridges, or rights-of-way, identified on the long range road classification map (i.e., "the system"), and any traffic control measures, landscaping or other features to same, that is included in the comprehensive plan and which is further designed to provide service to the community at large.

Tie point means the point of reference for a boundary survey. Said point of reference shall be an established, monumented position which can be identified or relocated from maps, plats, or other documents on public record.

Traffic engineer means the designated head of the traffic and operations division of the county department of transportation, or his designee.

Tree means any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normally attaining a trunk diameter greater than three inches at any point and a height of over ten feet.

Tree diameter means the widest cross-sectional dimension of a tree trunk measured at diameter breast height (dbh) or at any point below dbh for new trees or multi-trunked species, but in no case less than six inches from the ground.

Tree preservation/replacement plan means a plan that identifies tree protection areas, existing trees to be preserved and proposed replacement trees to be planted on a property to meet minimum requirements of the buffer, landscape, and tree ordinance, as well as methods of tree protection to be undertaken on the site and other pertinent information.

Tree protection area means any portion of a site wherein are located existing trees which are proposed to be retained in order to comply with the buffer requirements of the zoning resolution or the requirements of the buffer, landscape, and tree ordinance.

Water pollution control division means a division of the public utilities department charged with the responsibility for the design, installation, inspection, approval, and maintenance of the public sanitary sewer system and wastewater treatment in Peachtree Corners.

Water resources department means the county department of water resources, which includes operations and programs for water, wastewater, water pollution control and stormwater; known previously as the public utilities department.

Water system division means a division of the public utilities department charged with the responsibility for the design, installation, and maintenance of the public water supply and distribution system in Peachtree Corners.

Watercourse means a channel with a defined bed and banks, including lakes, ponds, and marshes, and which meets the definition of watercourse in section 391-3-7.01 of the state department of natural resources regulations.

Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.

Zoning resolution means the adopted zoning resolution of the city, as amended from time to time.

(Ord. No. 2013-01-02, art. 2, § 2.2, 1-29-2013)