Frequently Asked Questions – Page 4

Enforcement (continued)

Q: Who and how will additional staff be paid?

A: This is ongoing activity being managed by existing staff. However, the committee has suggested that infill development may be better managed if staff is reallocated so that certain staff is dedicated to infill management. This would allow for detailed familiarity with the infill requirements and constraints and would allow for faster resolution of issues.

Q: What is the cost of enforcement and who will pay?

A. The cost of enforcement of the infill regulations and all of the other codes are paid by the developers and builders through their permit fees. The Development Department is a "Special Revenue Fund" separate from the overall DeKalb budget. At the present time, there is no additional cost of enforcement of the requirements. This is because no additional enforcement personnel are proposed and because much of the required information can be directly certified on the face of the submitted applications and drawings. What is proposed is that some of the existing personnel be dedicated to the management of infill development. Nevertheless, there is significant public support for additional enforcement of County ordinances of every kind.

Questions that fall outside the scope of the Infill Committee’s mission

Q: What are the County criteria for lot subdivision?

A. The requirements applicable to subdivisions are codified in chapters 14 and 27 of the county code. Configuration requirements are primarily presented in chapter 14. Chapter 27 requirements are based on the underlying zoning of the parcel. Requirements can change between zoning categories. Subdivision plate approval by public hearing is required for any development at consists of three or more lots.

Q: Will this impact houses already built in a flood plain? Will the 2’ threshold rule apply? Wouldn’t rebuilding be disallowed if the structure can’t be raised above the flood plain?

A. A house built in the flood plain, if damaged over 60% or demolished, may not be re-built in the same location. It is not the policy of the county to allow new construction in recorded flood plains. It is not anticipated that infill development of the type considered by the committee charter could occur in these areas.

Q: Clarify “grandfather clause” and exactly how does it work?

A. "Grandfather" typically means that a project lawfully applied for prior to enactment of the new code will follow the old code. A grandfather condition is one in which a previously allowed configuration is no longer permitted for new construction by the present building or development code. If applied to a building lot, the lot can be classified as a “legal, nonconforming” lot. Within these lots, some latitude may be granted for construction, but limits established for infill would be maintained. There is one exception. That exception is that if the original lot had retaining walls along the property line, then those walls could be maintained, but the height of the wall could not be increased. (This provision is technically a grandfathered condition within the meaning.)

Q: When will DeKalb builders be required to obtain their state license? Can a license be revoked for repeated violations? What does a license mean? What is the procedure for obtaining a contracter’s license? What is the procedure for losing a contractor’s license?

A. The last session of the state legislature finally approved funding for the new "Contractor's Licensing Board". The rules and procedures should be in place to require builders to licensed by July '06. Yes, a license will be able to be revoked for repeat violations. A license means that the holder is capable of obtaining a building permit. A person or building official will be able to bring a complaint to the state licensing board. The board will investigate and respond. However, consideration of need or desirability of licensing of builders and developers is outside of the charter of the committee

Q: How do you regulate/mitigate the impact on 100-year flood plains and other drainage areas? What about the impact on FEMA/flood classifications and insurance?

A. This is an important issue as undeveloped land is converted for development increasing the amount of stormwater runoff that must be managed. Unfortunately, resolution is outside of the charter of the committee.

Q: Where are the affordable cluster homes in DeKalb County?

A. Demand for homes closer to the Atlanta urban area has increased in recent years as people try avoid the increasing commute times. This has lead to sharp increase in land values in the county evaporating affordable housing. While this is an important concern, it is outside of the charter of the committee.

Q: Any financial assistance for those displaced due to costs?

A. The committee has received numerous public comments regarding displacement in some traditional neighborhoods. We recognize that displacement is an economic hardship on persons who previously rented homes in areas that are being converted. This issues is outside of the charter of the committee, but we know of no programs that would provide financial assistance due to the displacement.

Q: Will there be special considerations for older residents on fixed incomes in small houses as far as the tax base and taxes?

This issue is outside of the charter of the committee, but we do not know any program to provide for the described tax relief.

Q: Shouldn’t there be time requirements on the demolition and rebuild process?

A. The committee recognizes that there can be some significant delay between the time a home is demolished and the time that new home construction is started. This issue is not addressed primarily because it is an economic decision for the property owner, recognizing that a home could be demolished for reasons not initially associated with infill development. Those reasons could include damage by fire or storm, continuous vandalism or use of the structure for illegal activities.

Q: How do those on fixed incomes deal with assessment increases?

A. This is another difficult question that is outside of the charter of the committee. However, the committee understands that increasing real property value has resulted in increased assessments even without any improvements in an existing home.

Q: What are the buffers for streams and flood plains?

A. The county requires a 75 foot buffer around streams and does not allow development in flood plains. There is an administrative variance process in place that allows for some very minor encroachment of the 75 foot buffer, but such variances are seldom granted.