§ 2.2. Definitions of words and phrases.

Addition (to a new building). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall; or any walled and roofed addition that is connected by a fire wall or is separated by independent perimeter load-bearing walls in new construction.

Alley or service drive. 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. 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 these procedures established under these regulations.

Area of shallow flooding. A designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of special flood hazard. The land in the floodplain within a community subject to one percent or greater chance of flooding in any given year (i.e., the 100-year frequency flood).

Arterial. A principal arterial, major arterial, or minor arterial street as defined and designated in the Comprehensive Plan of Paulding County and in the Roadway Classification Map of Paulding County.

"As-built" survey. See record drawings.

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

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

Best management practices (BMP's). A collection of structural measures and vegetation practices that, when properly designed, installed and maintained, will provide effective erosion and sedimentation control for all rainfall events up to and including a 25-year, 24-hour rainfall event.

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

Board of commissioners. The Board of Commissioners of Paulding County, Georgia.

Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Buffer (for erosion/sedimentation control purposes). An area along the course of any state waters to be maintained in an undisturbed and natural condition.

Buffer (general). A barrier that is created by the use of trees or other acceptable plant or vegetative material alone or in combination with berms, fencing or walls used to physically separate or screen one use or property from another so as to visually shield or block noise, lights and/or dissimilar uses.

Buildable lot of record. A lot or parcel of land that 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 Paulding County and recorded with the Clerk to Superior Court of Paulding County.

Building setback line. 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 ordinance. On corner lots, the terms of the Paulding County Zoning Ordinance shall apply.

Certificate of occupancy. Final approval by the community development department for the use or occupancy of a structure for which a building permit was issued.

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

Community development department. A department of the Paulding County government comprised of the development division, the planning and zoning division and the permits and inspections division, that has the primary responsibility for overseeing physical land development in the county and carrying out the terms of these regulations.

Comprehensive plan. A plan summarizing and illustrating the adopted goals and objectives of the board of commissioners regarding the future location and character of anticipated land uses, transportation, and other public facilities in Paulding County. The term "comprehensive plan" includes component or functional plans for the county, 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. A drawing that shows the overall concept of a proposed development, and that may include lots and streets in a subdivision or the general location of buildings and improvements for a multifamily or nonresidential project, and that may be drawn to approximate dimensions in a freehand style. These drawings are for information purposes only and shall not be formally reviewed or approved by the county.

Condominium. A building, or group of buildings, in which dwelling units or floor area are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis, subject to all applicable provisions of Georgia law.

Construction plans. A set of plans that must be formally submitted to the development control committee for review and approval following the approval of a preliminary plat on residential subdivisions and upon application for a nonresidential development project. Such plans shall include, but not be limited to, grading plans, soil erosion and sediment control plans, hydrology studies, transportation plans, water plans, sanitary sewerage plans, on-site sewer plans and public safety plans.

County. Unless otherwise stated, the term "county" shall mean Paulding County, Georgia.

Cul-de-sac. 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.

Cut. A portion of land surface or area from which earth has been removed by excavation; also, the depth below original ground surface to excavated surface.

Department of transportation. Unless otherwise stated, this term refers to the Paulding County Department of Transportation.

Developer. Any person, individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit who directs the undertaking or proposes 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 that is a single entity or intended to be constructed as an interrelated whole, whether simultaneously or in phases.

Development control committee. A committee comprised of the departments of community development, fire, environmental health, transportation, and water, sewer and environmental services. The primary function of the development control committee is to review and approve all proposed subdivisions of property, commercial or multifamily site developments and other such similar projects that fall under the purview of these regulations.

Development division. The Development Division of the Paulding County Community Development Department.

Development permit. A permit issued by the community development department authorizing clearing, grubbing, grading and construction of storm drainage facilities, access drives, streets, parking or other improvements exclusive of buildings.

Diameter breast height (dbh). The diameter of a tree measured at a point four and one-half feet above the ground.

Drainage improvements. 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, catch basins, detention ponds and velocity dissipation devices.

Driveway. A vehicular access way 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.

Dwelling unit (D.U.). A residence for one family, whether a freestanding building or a part of another building containing other residences.

Easement. A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity, and recorded in the superior court clerk's office.

Elevated building. A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.

Erosion. The process by which land surface is worn away by the action of wind, water, ice or gravity.

Erosion and sedimentation control plan. A plan for the control of soil erosion and sedimentation resulting from a land-disturbing activity.

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

Federal Emergency Management Agency (FEMA). The federal agency that administers the national flood insurance program. FEMA prepares, revises and distributes the maps and studies referenced in these regulations.

Fill. A portion of land surface to which soil or other solid material has been added; the depth above the original ground.

Final plat. A finished drawing of a subdivision showing completely and accurately all legal and boundary information and certification, as specified in article 4 of these regulations.

Finished grade. The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Fire flow. The minimum volume flow rate of water established by the water, sewer and environmental services department with a minimum residual pressure of 20 psi.

Fire services division. A division of the Paulding County Department of Public Safety charged with the responsibility of enforcing the county's fire prevention and life safety codes.

Flood or flooding. A general or temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard boundary map. An official map of a community, issued by FEMA, where the boundaries of the areas of special flood hazard have been defined as zone A.

Flood insurance rate map (FIRM). An official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study. The official report provided by FEMA, containing flood profiles as well as the flood boundary floodway map and the water surface elevation of the base flood.

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

Floor. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Functionally dependent facility. A facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales or service facilities.

Georgia DOT. The Department of Transportation of the State of Georgia.

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

Grading permit. An official authorization issued by the development division permitting grading of a site, and may include installation of attendant stormwater drainage facilities.

Ground elevation. The original elevation of the ground surface prior to cutting or filling.

Grubbing. The removal of stumps or roots from a property.

Health department. The Environmental Health Services Division of the Georgia Department of Human Resources for Paulding County.

Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

House location plan (HLP). A drawing showing lot information and all improvements, as identified in article 3.

Land disturbance permit. Any permit other than a building permit issued by Paulding County that authorizes land-disturbing activities on a site or portion of a site. Said permit may be a timber permit; grading permit; or development permit as defined and authorized herein.

Lot. A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be separately owned, used, developed or built upon; also, a parcel of land, whether or not platted, in single ownership, and not divided by a street.

Lot, corner. A lot fronting on two streets at their intersection. When the frontage of one street exceeds the frontage of the other, the one with the least frontage shall be deemed the front of the lot. The side yard setback for a corner lot shall be 25 feet in all zoning districts except where otherwise noted in the Paulding County Zoning Ordinance.

Lot, double frontage. Any lot, other than a corner lot, that has frontage on two streets.

Lot width. The width of the lot at the building line measured parallel to the street right-of-way or, in the case of a curvilinear street, parallel to the chord of the arc between the intersection of the side lot line and the street right-of-way line.

Major intersection. 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 and the roadway classification map.

Major thoroughfare. Any public street, existing or proposed, which is shown in the comprehensive plan and roadway classification map as an arterial or major collector.

Mean sea level. 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 is synonymous with National Geodetic Vertical Datum (NGVD).

Minor collector. A through street having the primary function of connecting subdivisions or other areas to major thoroughfares, or functioning as a central route within a subdivision channeling traffic from the local streets to either an abutting major thoroughfare or another minor collector street. For the purposes of these regulations, a central but nonthrough 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.

National Geodetic Vertical Data (NGVD). As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.

Natural ground surface. The ground surface in its original state before any grading, excavation or filling.

Nephelometric turbidity units (NTU). Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present.

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

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

Person. 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. The Paulding County Planning Commission, which is the body that reviews, conducts public hearings and makes recommendations to the board of commissioners on all requests for rezoning in the county.

Planning and zoning division. The Planning and Zoning Division of the Paulding County Community Development Department.

Preliminary plat. A drawing that shows the perimeter boundary, topography, lot arrangements, street layout and other features of a proposed subdivision, as specified in article 4 of these regulations.

Private dwelling. For the purpose of these regulations, a private dwelling is a single-family or duplex residence located on any property that is not part of a platted subdivision.

Project. 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 multi-family development, a shopping center or an office park.

Project access improvement. Any improvement or facility that is planned and designed to provide service or access for a particular project and that is necessary for the use, safety 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; deceleration lanes; 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. 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).

Residential street classification. Streets are hereby classified as follows:

S1—Streets that serve no more than 20 dwelling units (D.U.s)

S2—Streets that serve from 21 to 150 D.U.s.

S3—Streets that serve from 151 to 250 D.U.s.

Any street serving more than 250 D.U.s is not classified as a residential street. For the purpose of the above shown residential street classification, the count of the number of dwelling units served by a street shall begin at its intersection with another street and continue for its duration throughout the remainder of the development, unless otherwise specified by the development control committee.

Road. See "street, public".

Roadway. 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 that in an hydrologic sense can be considered to function as a bridge.

Roadway classification map. A map maintained by the Paulding County Department of Transportation that shows the classification, as defined in these regulations, of all roadways in Paulding County.

Roadway drainage structure. A device such as a bridge, culvert or ditch that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Sediment. Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice or gravity as a product of erosion.

Sedimentation. The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.

Sheet flow. Diffused water running overland to a defined watercourse.

Site work. 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.

Stabilization. The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

State waters. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming part of the boundaries of the state that are not entirely confined and retained completely upon the property of a single individual, partnership or corporation. Generally, state waters do not include basins that are 20 acres and smaller, dry, without running water.

Street, private. 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. A right-of-way dedicated to and accepted by Paulding County for vehicular traffic, or over which Paulding County 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. 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. A surface street intended primarily to provide local access to adjacent residential development and not for through traffic (see also, "residential street classification" on page 18 of these regulations).

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

Structural erosion and sedimentation control measures. Measures for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps and land grading, etc. Such measures can be found in the publication, Manual for Erosion and Sediment Control in Georgia.

Structure. Anything constructed or erected on the ground or attached to something on the ground.

Subdivider. 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 redivision of a lot, tract or parcel, regardless of its existing or future use, into two or more lots, tracts or parcels for the purpose, whether immediate or future, of sale, legacy or building development. This includes all division of land involving a new street or change in existing streets and includes re-subdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included within this definition:

(a)

The combination or re-combination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards set forth in these regulations.

(b)

The division of land into parcels of ten acres or more where all of such parcels have frontage on a county maintained road; provided, however, in such cases a final plat shall be submitted to the development control committee for approval.

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.

All subdivisions shall have preliminary plats submitted to the Paulding County Development Control Committee. (Exception: division of land into ten-acre or larger tracts with county maintained road frontage, do not require plat submittals.)

Substantial improvement (for flood-related purposes only). Any combination of repairs, reconstruction, alteration or improvements to a structure, taking place during the life of a structure, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure. The market value should be either the appraised value of the structure prior to the start of the initial repair or improvement; or, in the case of damage, the value of the structure prior to the damage occurring. For the purpose of these regulations, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications that are solely necessary to assure safe living conditions.

System improvement. Any improvement or facility such as streets, bridges or rights-of-way identified in the comprehensive plan, and any traffic control measures, landscaping or other features to same and is further designed to provide service to the community at large.

Tie point. The point of reference for a boundary survey. Said point of reference shall be an established, monumented position that can be identified or relocated from maps, plats or other documents on public record. Two GPS ties with coordinates shall be required on all final plats.

Tree. 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. 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 protection area. Any portion of a site wherein are located existing trees that are proposed to be retained in order to comply with the buffer requirements of the zoning ordinance or other applicable ordinances and regulations of Paulding County.

Tree protection plan. A plan that identifies tree protection areas, existing trees to be retained and proposed trees to be planted on a property to meet minimum requirements of all applicable ordinances and regulations of Paulding County.

Trout streams. All streams or portions of streams within a watershed as designated by the Game and Fish Division of the Georgia Department of Natural Resources, under the provisions of the Georgia Water Quality Act. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

Vegetative erosion and sediment control practices. Practices for the stabilization of erodible or sediment-producing areas by covering the soil with: a) permanent seeding, sprigging or planting, producing a long-term vegetative cover; b) temporary seeding, producing short-term vegetative cover; or c) sodding, covering areas with a turf of perennial sod-forming grass.

Water, sewer and environmental services department. The department charged with the responsibility for the design, installation, inspection, approval and maintenance of the potable water supply and distribution system, the public sanitary sewer system, wastewater treatment and solid waste and recycling services for areas under Paulding County's jurisdictional control.

Watercourse. Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wetlands. Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

Zoning ordinance. The currently adopted Zoning Ordinance of the Paulding County Board of Commissioners and all succeeding amendments thereto.