§ 15-07.005. Procedures for processing applications for subdivision.  


Latest version.
  • The procedures for review and action on all applications for the subdivision of land shall be as follows:

    (a)

    The director, bureau of planning shall develop and publish a schedule for the review of all subdivision applications. Said schedule shall specify semimonthly filing deadlines for the receipt of applications.

    (b)

    Within three days after each semimonthly filing deadline, the director, bureau of planning shall distribute a copy of each application received, with accompanying plats and other drawings, to the following:

    (1)

    Commissioner of public works.

    (2)

    Commissioner of housing.

    (3)

    Directors of the office of transportation, and bureaus of parks, traffic and transportation, buildings, water, and the executive director of the urban design commission.

    (4)

    District and at-large members of the council in which the subject property is located.

    (5)

    Chairperson of the neighborhood planning unit in which the subject property is located.

    (6)

    Assistant superintendent for facilities services of the Atlanta public schools.

    (7)

    Executive director, Fulton County or DeKalb County Health Department, as is appropriate.

    (8)

    Fire chief.

    (9)

    City arborist.

    (c)

    Subdivision Review Committee. The director, bureau of planning shall establish a schedule for regular semimonthly meetings of the subdivision review committee and shall serve as chairperson of said committee. The purpose of the subdivision review committee is to provide for a consolidated technical review of each application. Each application for land subdivision that is received by the semimonthly filing deadline shall be reviewed for compliance with the provisions of this part by said committee no later than the second semimonthly meeting following the filing deadlines. The applicant or his or her designee is required to be present at said meeting to discuss the application and to provide any additional data that is required by this part. Within three working days after each such meeting, each applicant shall be notified in writing by first class mail of a list of identified problems or deficiencies in the application.

    (d)

    Neighborhood Planning Units (NPU's). Within three working days after the semimonthly deadline for the receipt of applications for land subdivision, each appropriate neighborhood planning unit shall be provided a copy of any such application and supporting documentation which is located within the jurisdiction of said neighborhood planning unit. It is the responsibility of the neighborhood planning unit to schedule said application for consideration at a meeting within six weeks after the semimonthly deadline and to provide the bureau of planning with a letter presenting its comments on the application. The applicant is encouraged to attend the neighborhood planning unit meeting. The chairperson and the NPU shall review the proposed subdivision plat utilizing only the standards and criteria set forth in this part and provide a copy of said comments to the applicant and to district and at-large members of council representing the district within which the subject property is located. The bureau of planning shall post a sign so as to inform the adjacent neighborhood of a proposed subdivision application. Said sign shall include the date of the scheduled NPU meeting at which said application will be discussed.

    (e)

    Action by Commissioner of Public Works. No preliminary subdivision plat shall be approved prior to the receipt of a letter from the commissioner of the department of public works approving the subject preliminary subdivision plat as being in compliance with the provisions of this part and any other applicable code provisions, rules and regulations. No final subdivision plat shall be approved until all required improvements have been made, inspected and accepted by the commissioner of the department of public works. Further, no final subdivision plat shall be approved prior to the commissioner of the department of public works having approved the subject final subdivision plat by affixing his or her signature to the original copy of the final plat as being in compliance with this part and any other applicable code provisions, rules and regulations.

    (f)

    Action by Director of Bureau of Planning.

    (1)

    After all changes and corrections identified in the meeting of the subdivision review committee are made, and after approval by the commissioner of the department of public works as is provided in (e) above, the application shall be presented to the director of the bureau of planning for approval or disapproval of the preliminary subdivision plat or the final subdivision plat, as the case may be. The director shall review and make a part of the record any written comments that were received from the appropriate neighborhood planning unit regarding the subject application.

    (2)

    If a preliminary subdivision plat has been approved by the commissioner of the department of public works and meets all other applicable requirements of parts 15 and 16 of this Code, the director, bureau of planning shall approve the subject preliminary subdivision plat. If a preliminary subdivision plat has not been approved by the commissioner of the department of public works, or fails to meet the applicable requirements of parts 15 and 16 of this code, the director, bureau of planning shall disapprove the subject preliminary subdivision. The director shall notify the applicant in writing of the final decision regarding a preliminary subdivision plat.

    (3)

    If a final subdivision plat has been approved by the commissioner of the department of public works and meets all other applicable requirements of parts 15 and 16 of this Code, the director, bureau of planning shall approve the subject final subdivision plat and cause the final plat to be recorded in the records of Fulton or DeKalb County as is appropriate. If a final subdivision plat has not been approved by the commissioner of the department of public works, or, fails to meet the applicable requirements of parts 15 and 16 of this code, the director, bureau of planning shall disapprove the subject final subdivision and notify the applicant in writing of said disapproval.

    The director, bureau of planning shall make a decision regarding each final plat submitted no later than 15 days after the date of submission of said final plat. Approval by the director, bureau of planning shall appear on the original drawing. Final plat approval by the director, bureau of planning shall constitute that approval, if any, required by the governing authority of the City of Atlanta pursuant to O.C.G.A. section 15-6-67(d). If requested by the applicant, and if otherwise in accord with the requirements of this part, the director shall have the authority to re-record final plats for the purpose of revising lot lines where no new lot is created. If requested by the applicant, the final plat may constitute only that portion of the approved preliminary plat which the applicant proposes to record and develop in a single phase.

    (4)

    The director shall provide a copy of any written decision on any preliminary or final subdivision plat to the applicant, to all review agencies listed in (b) above, to the appropriate at-large and district member of council, and to the appropriate neighborhood planning committee chairperson.

    (5)

    The final plat shall be submitted to the bureau of planning not later than one year after approval of the preliminary plat; otherwise the approval of the preliminary plat shall become null and void unless an extension of time is granted by the bureau of planning. An applicant may request a single extension of no more than 12 months only in the case of a sewer moratorium, unavailable financing, industry work stoppage, severe detrimental weather conditions, death or disability of managing partner and similar clearly established hardship conditions.

    (g)

    Limitation on Application for Variances. It is the intent of this part to prohibit the creation of lots that require a variance in order to be developed. Therefore, once a final plat has been approved by the director, bureau of planning, no application for a variance on any lot in said subdivision may be submitted for a period of one year from the date of final approval of said plat unless an unknown site condition is discovered which creates a hardship within the meaning of chapter 26 of part 16 of this Code.

    (h)

    No Grading or Site Preparation Prior to Necessary Permits. No permits for grading or other site preparation work shall be granted prior to final approval of the preliminary plat or final plat. No grading, tree cutting or other site preparation work shall commence until all required permits under this part and any other applicable ordinance, including any applicable tree ordinance, have been obtained.

    (i)

    Sale or Exchange of Land Between Adjoining Owners. The director shall approve the replatting of land that is proposed to be sold or exchanged between adjoining property owners provided each of the following conditions are met:

    (1)

    A written request, accompanied by one original mylar plat showing existing and proposed property boundaries and all other applicable information specified in section 15-07.003, is submitted to the director;

    (2)

    No additional lot is created; and

    (3)

    Each newly platted lot conforms to all requirements of part 15 and part 16 of the Code of Ordinances, provided that if either lot, as platted prior to the proposed replatting, does not conform to all requirements of part 15 and part 16, this condition shall nevertheless be deemed to have been met if said lot(s) are replatted in a manner that equals or reduces the degree of nonconformity.

    (j)

    Reserved.

(Code 1977, § 15-07.005; Ord. No. 2005-05, § 1, 1-24-05; Ord. No. 2007-55(07-O-0682), § 2, 9-24-07; Ord. No. 2007-56(07-O-1899), § 15, 9-24-07; Ord. No. 2018-11(18-O-1023), § 14, 5-16-18 )