Green Oaks Estates

Gwinnett Property Restrictions

INSURANCE & MORTGAGE COMPANIES

Recently, I was contacted by clients who had just closed on a resale home that required a few repairs beyond cosmetics.

They had been gathering names of contractors and trying to get the work scheduled when, to their surprise, a notice arrived in the mail from their insurance company informing them that they had less than two weeks to complete repairs and remove any dead trees. If they did not meet this deadline, their homeowner's insurance would be canceled.


This situation prompted me to put together a list of entities who may have the right to dictate how we use our residential property. (If my insurance company reads this...I'm working on it!)

INSURANCE COMPANY

The reason that insurance companies pay attention to condition is that they do not want to pay claims on pre-existing conditions. If they identify a potential hazard, they may refuse to insure. If the home you are purchasing (or the one you own) needs work beyond cosmetics, keep this in mind.

MORTGAGE COMPANY

If you have a mortgage on your home, your bank or mortgage company probably owns considerably more interest in your home than you do. You may not have read the fine print at your closing, but you not only agreed to make your payments on time, maintain a homeowner's insurance polity, AND maintain the home in good repair. If you default on any of these agreements, your mortgage company may have the right to foreclose.

SUBDIVISION COVENANTS & SUBDIVISION PLAT

COVENANTS & RESTRICTIONS

Covenants are legally binding upon all property owners referenced on the deed or subdivision plat, including subsequent owners, for the time period as established on the deed or plat. Please refer to Georgia Law OCGA 44-5-60 for additional information regarding covenant renewal and time limitations on covenants.

Covenants may be fairly general, addressing landscape maintenance, and restrictions on parking, outdoor clothes lines and play equipment, and satellite dishes. Others may require approval by the Architectural Control Committee of fencing, exterior paint colors, out buildings, home improvements, and landscape improvements.

Only the parties subject to the covenants may enforce them. The county cannot enforce private covenants since they are private agreements or contracts and the county is not a party to the covenant.

In order to enforce covenants, affected persons will need to file a civil action in Superior Court. A lawyer will need to be contacted to assist with the filing. Please consult the yellow pages of the phone book for a listing of lawyers.

Most neighborhoods newer neighborhoods in Gwinnett County have covenants, and you should review them before purchasing. If your seller does not have a copy, for information about obtaining a copy of subdivision covenants, please contact the Real Estate Record's office of the Clerk of Superior Court at 770.822.8150 between the hours of 8:00am and 5:00pm, Monday through Friday, except holidays.

SUBDIVISION PLAT

Even if your subdivision does not have recorded Covenants and Restrictions, it almost certainly has restrictions recorded on the subdivision plat. These may include a minimum square footage requirement, set back requirements (a line beyond which you may not build), 100 year flood plain, and may even extend to the type of construction required by the county or municipality. Your plat is on microfilm at the county deed room.

GWINNETT PROPERTY MAINTENANCE ORDINANCES

In 1999 Gwinnett County put into law Property Maintenance Ordinances. I've listed a few of the most common ordinances, but for information on additional ordinances, and how to obtain a permit or report a violation, please visit Gwinnett County Goverment Web Site at www.co.gwinnett.ga.us/ You may navigate the various departments, or view the A-Z index.

PARKING. The Gwinnett County Zoning Resolution contains restrictions about the parking of vehicles at a residence. At a residence, the parking of any vehicle in the front yard or in front of the principal building line is prohibited except upon a hard-surfaced driveway or inside a carport or garage. A hard-surfaced driveway means one that is either paved with asphalt or concrete or that contains adequate, hard-packed gravel that is bordered with landscape timbers, railroad ties, brick or a rock wall to sufficiently define and contain the parking area.

The Gwinnett County Zoning Resolution further restricts the amount of the required front yard that may be used for parking to a maximum of 35% of the front yard area.

HAZARDOUS TREES
Hazardous, dead, dying, damaged, or diseased trees shall not be allowed to exist on any premises. Upon a finding by a registered forester or certified aborist that a tree is in danger of falling upon adjacent lots or public streets, the property owner is required to have the tree removed.

Tree stumps greater than 12 inches in height, felled trees, slash, and tree limbs must be removed within 30 days after being cut. Exceptions to this requirement include neatly stacked firewood less than 3 feet in length, property zoned RA-200 and property greater than 1 acre in size.

JUNK VEHICLES
The Gwinnett County Property Maintenance Ordinance does not permit junk vehicles or vehicle parts to be kept on private property or on public streets in the unincorporated areas of the County. If a resident is in the process of reconditioning a vehicle for their own personal use, a maximum of two (2) junk vehicles may be kept at a residence as long as they are kept in a fully enclosed building. Fully enclosed buildings do not include open carports.

FENCES AND WALLS
Fences in front yard must not exceed 4' in height and must not be in the county right of way (be sure to have a professional survey before constructing any fence). Backyard fences may not exceed 8'. Barbed wire and electric fences are not permitted on any residential lot under 3 acres.

GRASS AND WEEDS
Premises and exterior property are required to be maintained free from grass, weeds, or other uncultivated vegetation in excess of 12 inches in height. This includes all rank vegetative growth such as kudzu, poison ivy, jimsonweed, plants of obnoxious odors and other similar unsightly growth. Exceptions to this regulation are properties zoned RA-200 or properties 1 acre or greater in size.

OPEN STORAGE
The open or outdoor storage of appliances, building materials, rubbish, equipment, garbage, and other goods and merchandise for more than 24-hours is prohibited. This includes merchandise available for garage or estate sales. This regulation does not apply to neatly stacked firewood no longer than 36 inches and to properties 5 acres or greater in size.

SEPTIC SYSTEMS
Gwinnett County is estimated to have over 90,000 septic systems. Septic systems are very common in older neighborhoods, built prior to 1985.
It is the responsibility of the home or business owner to maintain, repair, or replace all components of the septic system. . If your home was built after 1959, you can obtain a copy of a site sketch showing approximate location by contacting the Environmental Health Section. For Environmental Health contact information please visit he East Metro Health District web site: http://www.emhd.com/genvioronmental.html
Gwinnett County has developed a septic system maintenance brochure which you can print from their web site (.PDF files). Go to the main web page for Gwinnett County Government, www.co.gwinnett.ga.us/ and take the following path: Departments, Public Utilities, Public Education, Septic Tank Maintenance. Note that if you are adding finished living space to your home, adjustments to your septic system may be required. Any repairs or additions to your system must be permitted.

BUILDING PERMITS.
Gwinnett County requires building permits for all new construction, renovations, remodeling, swimming pools, signs and repairs which involve structural, plumbing, mechanical or electrical work. The Building Permit Section of the Gwinnett County Department of Planning & Development will also issue water and sewer permits in approved subdivisions. For information about obtaining permits for non-subdivision developments please call 678.518.6020 between the hours of 8:00am and 5:00pm, Monday through Friday, except holidays. For information about septic tank permits please call the Environmental Health Department at 770.963.5132.

The Building Permits Section is located on the first floor of One Justice Square, 446 West Crogan Street, Lawrenceville, GA 30045. Although the office is open between 8:00am and 5:00pm, permits are issued only until to 4:00pm.

Residential building permit fees are calculated at $41.44 per heated square foot to arrive at the evaluated cost of the building. The permit fee is then based on $6 per $1,000 of evaluated cost, rounded to nearest dollar, plus $25 for the Certificate of Occupancy or Certificate of Completion. The minimum building permit fee is $30 plus the $25 certificate fee.


ZONING RESTRICTIONS.
If your property is zoned residential and is less than three acres, it is subject to zoning restrictions. You may not keep any livestock on the property. Home businesses are restricted. Density is restricted. You may read about Gwinnett County zoning restrictions for all categories (201 pages) in this PDF file: http://www.co.gwinnett.ga.us/departments/planning/pdf/zoning_resolution.pdf

If you are buying in another Georgia county, be sure to check your county government’s web site for specific information on current ordinances. If you live within city limits, check for any additional requirements.

Article Added by P.Sabin
August 9, 2007

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GWINNETT COUNTY GOVERNMENT

Gwinnett County