FAQs

How do I apply for a building permit?

All applications and plans must be submitted through our online project portal found here.  If you need assistance with the application process, please contact a permit technician at (404) 637-0500. 

Category: Fire Marshal
What can I do about my neighbor’s tree(s)?

The overall condition of trees and concerns raised by an adjacent property owner are a private civil matter.  The City recommends that the adjacent property owner send a formal letter with photographs of the trees documenting the matter by certified mail to the owner of record. Homeowners may find an ISA Arborist at https://www.treesaregood.org/findanarborist to assist with tree health, risk assessments and tree work.

Category: Trees
Who is responsible for clearing the debris/blockage in the creek/drainage easement on my property?

Public Works is authorized and funded to maintain drainage infrastructure (pipes, culverts, catch basins, etc.) and about ten feet of the drainage ditch, drainage easement, or creek at the ends of pipes and culverts. Maintenance of the remainder of the creek or drainage easement is the responsibility of the property owner. Since many residents have a creek or drainage easement on their property, maintenance of those areas by City personnel would require huge increases in funding and manpower. Therefore, the property owner is responsible for maintenance of those areas just as they are responsible for mowing their yard within the road right-of-way.

Category: Stormwater
A neighbor / business is connecting a pipe to the catch basin or storm sewer line without a construction permit. Who should I contact?

This is an illicit connection. Make a Service Request to have it investigated.

Category: Stormwater
Can residents view permits granted for utility work?

Yes, for information about viewing permits, e-mail streets@brookhavenga.gov.

Category: Utility Construction
How long is the plan review process?

The City aims to complete residential reviews in 5 business days and commercial reviews in 10 business days.  Multiple review cycles may be required.

 

Category: Fire Marshal
When does work begin on the Murphey Candler Park playground approved in the Park Bond, and when will it be finished?

Tree removal at the playground is scheduled to begin Saturday, Dec. 12. The work will take several days. The start and completion will be weather dependent.  The installation of all of the improvements to the Park with the exception of the Community Building are scheduled to be complete by Fall 2021.

Category: Murphey Candler Park Improvements
When is a tree removal permit required?

A tree removal permit is required for removal of any tree 4 inches or more in Diameter Breast Height (DBH). Click here to apply for a permit.

Category: Trees
How do I measure a tree's diameter at breast height (DBH)?

Tree diameter at breast height, or DBH, is a standard method of expressing the diameter of a tree's primary stem, or trunk, in inches. To find out a tree’s DBH using a standard household measuring tape, measure the circumference of the tree trunk at a height of 4.5 feet from the ground.  If the tree is on a slope, measure from the highest ground level.  Divide the circumference of the tree by 3.14 to come up with the DBH. Example: 62 inches/3.14 =19.74 inches DBH.

Category: Trees
How will I know if utility work will be done in the right-of-way along my property?

As part of the utility work permitting process, utilities are required to give residents advance notice along with their contact information.

Category: Utility Construction
I hear water running inside the catch basin and it hasn't rained for a long time. Who should I contact?

There is a possible illicit connection. Make a Service Request to have it investigated.

Category: Stormwater
What are the improvements to the new Murphey Candler Park playground?

The new playground will consist of 3 areas with wood structures: a large castle with a slide and swings, a double swing, and a “tree climber” (a tall climbing net).  The play surface will be an engineered wood fiber that will meet required safety measures. The wood fiber is complaint with ADA, as it compacts down making it accessible to wheelchairs. The playground can be accessed from the gravel parking lot on Candler Lake East by the sidewalk on the west end and new stairs on the east end. The parking lot itself will be improved in a later project.  The playground will also be accessible from gravel parking spaces on Horseshoe once that portion of the project is completed.  The completion of the playground should be ready for use in Spring of 2021.

Category: Murphey Candler Park Improvements
What is the status of my permit?

You may check the status of your permit 24 hours a day by visiting the Project Portal, or by calling the permit technicians at (404) 637-0500.

Are companies required to obtain permits from the city for utility work?

Yes. Utilities must receive right-of-way encroachments from the city before beginning work. If the work is performed on private streets or in gated communities, the utility company is responsible for receiving permission from the homeowner or HOA, and a permit from the city is not required.

Category: Utility Construction
Does the City of Brookhaven have a fire department?

No. DeKalb County Fire Rescue is responsible for fire service and providing ambulance service for Brookhaven.

Category: Fire Marshal
How do I apply for a tree removal permit?

Click here to apply for a tree removal permit.

Category: Trees
How do I obtain a land disturbance permit or a minor site permit

Applications and plan submittals for land disturbance permits and minor site permits can be submitted on the City Project Portal.   After these documents are submitted for review (please ensure the submit button is chosen on the Project Portal) they will be logged for review and sent to the staff members that need to review them.  Staff will have review comments ready as quickly as possible, usually within 10 business days for LDPs or 5 days for minor site permits.

Staff members from the Community Development Department are available for appointments and for phone discussions.  Meetings with staff should be scheduled in advance.  If changes are made throughout the process, those who have signed off previously are required to re-review and sign off on the site plan again.  When all comments have been addressed, the permit will be issued.  Prior to permit issuance, the City Engineer will verify that all plans and documents for the permit have been executed and are approved.  This usually occurs within 48-hours after the final sign-off.  To obtain a copy of these documents and procedures, please call City Hall at 404-637-0500.

Category: Land Disturbance Permits
How many trees need to be removed for the new Murphey Candler Park playground, and where?

Revisions to the construction drawings, initiated by Councilwoman Linley Jones, resulted in saving approximately 65% of the trees that were originally slated for removal for the playground.  A list of the trees that need to be removed for each project, the trees that were saved through redesign and the locations of all can be found here.  Tree removal for the planned MCP community green will also take place following completion of the playground tree removal.  No trees will need to be removed for the Horseshoe Road repaving, as Councilwoman Jones insisted that preliminary plans be revised to minimize and eventually eliminate tree removal for this project. The additional pervious, gravel parking spaces will be placed between trees along the road.

Category: Murphey Candler Park Improvements
I have often seen a curb marker or stencil over storm drains. How do I get a curb marker or stencil for a catch basin in my neighborhood?

You can make a Service Request for information on how to pick up storm drain curb marker (or stencil) supplies needed to install curb markers on the storm drains in your neighborhood.

Category: Stormwater
How can I be environmentally responsible when washing my car?

The best way to wash your car is to use a full-service car wash. They are designed to recycle used water and filter out many of the harmful chemicals and pollutants washed away from your vehicle. An alternative to using a full-service car wash is to park your car in the lawn or on some gravel and use biodegradable soaps to wash your vehicle. Although we recommend you go to a car wash that recycles the water, please remember to use as little water as possible if you wash your car on your lawn. Water conservation is essential in metropolitan Atlanta and it begins with you.

Category: Stormwater
Is a tree removal permit required for dead/dying/hazardous trees?

Yes, all trees 4" in DBH or larger require a tree removal permit. The application is subject to arborist approval.  You must submit an application via the Project Portal with photos of the tree, a site plan, and Tree RemovalApplication (click here for packet). 

Category: Trees
What are the requirements for a minor site permit?

Any activity that involves land disturbance under 5000 sq. ft in the form of new impervious surfaces, replacement, repair or reconfiguration of an impervious surface, alternate surface installation, grading, landscaping, construction or repair of a retaining wall under 4.0 feet, or drainage improvements requires a Minor Site Permit. To find out more information regarding the requirements of a Minor Site Permit, please visit the Minor Site Work Permit Reference Guide.

 

Category: Land Disturbance Permits
What is runoff reduction?

Runoff reduction practices are stormwater Best Management Practices (BMPs) used to disconnect impervious and disturbed pervious surfaces from the storm drainage system. The purpose is to reduce post-construction stormwater runoff rates, volumes, and pollutant loads. Runoff reduction is more than simple infiltration. The Runoff Reduction Volume (RRV) is the retention volume calculated to infiltrate, evapotranspirate, harvest and use, or otherwise remove runoff from a post-developed condition to more closely mimic the natural hydrologic conditions.

Certain conditions, such as soils with very low infiltration rates, high groundwater, or shallow bedrock, may lead a local jurisdiction to waive or reduce the runoff reduction requirement for proposed site development on a case-by-case basis. If any of the stormwater runoff volume generated by the first 1.0” of rainfall cannot be reduced or retained on the site, due to site characteristics or constraints, the remaining volume shall be increased by a multiplier of 1.2 and shall be intercepted and treated in one or more best management practices that provide at least an 80 percent reduction in total suspended solids.

The Policy on Practicability Analysis for Runoff Reduction (practicability policy) was developed to provide guidance about the site conditions and supporting documentation that could justify a “Determination of Infeasibility” for the runoff reduction requirement. This practicability policy does not address infeasibility for linear transportation projects being constructed by the local jurisdiction, other local governments, or authorities.

The practicability policy is based on the following principles:

It is designed to help administrators implement a process for granting a Determination of Infeasibility that supports efficient review of land development applications.
It applies to new development and redevelopment projects for public and private post-construction stormwater BMPs. It is referenced in the Model Ordinance for Post-Construction Stormwater Management for New Development and Redevelopment (Model Ordinance) developed by the Metropolitan North Georgia Water Planning District (Metro Water District).
It aligns with requirements for runoff reduction in the Georgia Environmental Protection Division’s (EPD’s) permit to discharge from the municipal separate storm sewer system (MS4) permit. The MS4 permit states that the stormwater management system shall be designed to retain the first 1.0 inch of rainfall on the site to the maximum extent practicable. Most Georgia Stormwater Management Manual (GSMM) BMPs include a runoff reduction component.
It is focused on the typical site conditions and regulatory environment in the Metro Water District and may not be applicable for all of Georgia.
It requires a pre-submittal meeting when pursuing a Determination of Infeasibility to ensure all attempts to provide 100% RRv on site have been exhausted. 

The local jurisdiction is responsible for the review of land development applications and determination that it is infeasible to apply the runoff reduction requirement on part or all of a proposed site development. Local jurisdictions may choose to make substantive changes or otherwise customize this practicability policy. These further changes and customizations are allowable so long as their substance meets the requirements of a local jurisdiction’s MS4 permit. EPD is responsible for evaluating MS4 permit and District Plan compliance, which includes verifying whether changes and customizations are “at least as effective.” EPD has reviewed this document and their comments have been incorporated.

 

Conditions that may warrant a Determination of Infeasibility

The GSMM provides broad guidance about conditions that may lead a local jurisdiction to waive or reduce the runoff reduction requirement. The following conditions may warrant a Determination of Infeasibility.

  • Soil Infiltration Rate: The soil infiltration rate is less than 0.5 inch per hour as measured over a meaningful portion of the site. Consideration should be given to infiltration rates throughout the soil profile.
  • Water Table: The seasonal high-water table is less than two feet from the bottom of an infiltration practice.
  • Shallow Bedrock: Material that cannot be excavated except by drilling or blasting AND is less than two feet from the bottom of an infiltration practice.
  • Extreme Topography: In the proposed final condition, as shown on the Stormwater Concept Plan with the proposed post-development condition, anything steeper than 3:1 slope for more than 50% of the site.
  • Karst Topography: Any of the existing condition is karst.
  • Hotspots/ Contamination: Reasonable suspicion that previous uses of the site have resulted in soil contamination.
  • Historic Resources: Buildings, structures, or historic sites included in the Georgia Historic Preservation Division’s Historic Resources Survey or listed in the National Register of Historic Places or that has been recommended as a historic resource by a Preservation Professional.
  • Site Constraints: Sites where the density or nature of the proposed redevelopment would create irreconcilable conflicts for compliance between the on-site runoff reduction requirement and other requirements such as zoning, floodplains, stream buffers, or septic fields. 
  • Economic Hardship: The cost of retaining the first 1.0 inch of rainfall onsite using runoff reduction practices is a minimum of three times greater than the cost of providing water quality practices. This condition must be present with another site condition for a Determination of Infeasibility. Additionally, a Determination of Infeasibility for economic hardship may only be allowed for up to 50% runoff reduction volume.

Overview of Processing a Determination of Infeasibility

Obtaining a Determination of Infeasibility

Determination of Infeasibility is not an all or nothing proposition.  Designers must demonstrate that they have explored all avenues to meet the runoff reduction standard.  If this is determined to be infeasible, they must attempt to provide the maximum percentage of RRv on site as feasible.  Only after all attempts to provide any RRv on site are exhausted will the local jurisdiction consider a Determination of Infeasibility. The following process is recommended to:

  1. identify conditions early,
  2. provide flexibility,
  3. support efficient land development application review, and
  4. protect water quality to the maximum extent practicable.

Does the Site Qualify for a Determination of Infeasibility?

Answering “NO” to any of the following questions may indicate that the site qualifies for a Determination of Infeasibility:

  1. Can GSMM runoff reduction BMPs fully meet the runoff reduction volume?
  2. Does the site analysis show the conditions are supportive for managing the calculated runoff reduction volume needed for the site?
  3. Can better site design practices (see GSMM, Volume 2, Section 2.3) be used to avoid challenging site conditions or constraints?
  4. Can BMPs, such as green roofs and rainwater harvesting techniques, be used in ways that do not require infiltration into subsurface soils, but rather rely on evapotranspiration and reuse?
  5. Can the installation of multiple runoff reduction BMPs, such as installing runoff reduction BMPs at higher elevations or in multiple sub watersheds, manage the calculated runoff reduction volume needed for the site?

Prior to Construction

  1. The design professional identifies conditions that limit using runoff reduction methods to retain 100% of the first 1.0 inch of rainfall onsite and initiates a pre-submittal meeting with the plan reviewer prior to submittal of the land development permit application. During the meeting, the following information will be reviewed:
  • Runoff Reduction Infeasibility Form to initiate the request and provide basic project information, confirmation that supporting documentation was submitted, and documentation of pre-submittal meeting outcomes.
  • Stormwater Concept Plan that has been developed based on site analysis, and natural resources inventory (including impracticability) in accordance with Section 2.4.2.5 of the GSMM.

2. The plan reviewer will evaluate the pre-submittal information on a case-by-case basis; coordinate with the design professional to understand site-specific issues; and (if possible) explore potential design strategies to achieve 100% RRv in compliance with the standards and specifications of the Post-Construction Stormwater Management Ordinance and GSMM.

3. Based on the pre-submittal information and meeting, the plan reviewer will provide one of the following determinations to the design professional:

  • Approval – preliminary Determination of Infeasibility issued
  • Approval with conditions – preliminary Determination of Infeasibility issued with conditions to incorporate plan reviewer comments into the Stormwater Concept Plan
  • Denial - revise the Stormwater Concept Plan to obtain 100% RRv

4. Design professional may either:

  • Submit the land development application with the Stormwater Management Plan and preliminary Determination of Infeasibility (as applicable).
  • Appeal the “denial” or “conditions” following the appeals process outlined in the local jurisdiction’s regulations.

During Construction

  1. During the development process, the owner encounters a site condition that would prevent building stormwater BMPs as specified in the Stormwater Management Plan. The design professional will complete a Runoff Reduction Infeasibility Form and initiate a meeting with the local jurisdiction plan reviewer to discuss the findings.  The designer must evaluate modifications to the proposed BMPs or installation of alternative BMPs that will provide some or all RRv in an alternative method. 
  2. The plan reviewer will evaluate the Runoff Reduction Infeasibility Form on a case-by-case basis; coordinate with the design professional to understand site-specific issues; and (if possible) explore potential design strategies to keep the stormwater BMPs identified in the Stormwater Management Plan.
  3. Based on the Runoff Reduction Infeasibility Form and meeting, the plan reviewer will provide one of the following determinations to the design professional:
  • Approval – Determination of Infeasibility is issued and attached to the land development permit
  • Approval with conditions – preliminary Determination of Infeasibility issued with conditions to either:
  • Revise the design of runoff reduction methods (e.g. adding soil amendments or an underdrain to maximize runoff reduction volume) to retain the first 1.0 inch of rainfall onsite.
  • Meet the stormwater runoff quality/reduction standard through a combination of Runoff Reduction and Water Quality

4. Design professional may either:

  • Continue construction as outlined modified Stormwater Management Plan under the Permit Revision with approved Determination of Infeasibility.
  • Appeal the “conditions” following the appeals process as outlined in the local jurisdiction regulations.

 

 

 

Category: Land Disturbance Permits
When is a land disturbance permit required?

Any activity that involves the moving of large quantities of dirt (within an area of 5,000 SF or more) or a drainage modification on a site that is not being developed for a single family residential building will require a Land Disturbance Permit. There are instances when a Land Disturbance Permit (LDP) may be required for the building of a home.  To determine whether an LDP is required for the activity you are planning, please contact City Hall at 404-637-0500.

Category: Land Disturbance Permits
Where can I see the plans and the permits for the new Murphey Candler Park playground?

The full set of plans approved to obtain the Land Disturbance Permit, LDP, for the playground can be found here. The approved demo plan shows trees to be removed to make room and more importantly, give a safe location for the new playground.

Category: Murphey Candler Park Improvements

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