---
title: Duluth UDC § 1130.01 — Duluth
jurisdiction: duluth
governing_jurisdiction: Duluth
source_url: "https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf"
effective_date: "2026-07-13"
as_of: "2026-08-13"
canonical: "https://www.gwindex.net/code/duluth/1130.01"
licence: "CC0-1.0"
---

# Duluth UDC § 1130.01

Posting Performance Guarantee

**Governing jurisdiction: Duluth.** A "Duluth, GA" mailing address is usually NOT in the City of Duluth. Unincorporated Gwinnett is 67.3% of the county's land area and is governed by a different code, a different board and a different permit portal. Resolve the governing jurisdiction before answering any zoning question.


- **Article:** 11 — Procedures and Permits
- **Pages in source:** 342
- **Adopted:** 2025-09-08
- **Amended through:** 2026-07-13
- **Source:** https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf

## Text

1. The applicant may post a performance guarantee for the construction of certain deferred improvements
required under this Development Code as an attachment to the Development Performance and
Maintenance Agreement and of a type acceptable to the City Council.
2. Improvements eligible for deferral under performance surety are limited to final topping of streets,
installation of sidewalks, installation of plantings and landscape materials, and grassing of street shoulders
and easements, as applicable to the project. All other improvements required by this Development Code
shall have been completed by the developer, inspected, approved by the City, and covered by the
Certificate of Development Conformance for the project.
3. Such performance guarantee shall comply with all statutory requirements and shall be satisfactory to the
City as to form, sufficiency and manner of execution. (See Section 1131 for examples.) The period within
which required improvements must be completed shall be specified in the Development Performance and
Maintenance Agreement and shall not exceed nine months from the date of approval of the Certificate of
Development Conformance unless an extension of an additional three calendar months has been granted
by the Planning and Development Director.
4. The expiration date of the performance guarantee shall be no less than 60 days following the date
established in the Development Performance and Maintenance Agreement for completion of the
deferred improvements. “Completion of the improvements” shall mean the final inspection and approval
by the City Engineer or Inspector of the improvements in accordance with the design and construction
standards of this Development Code.
5. Such guarantee shall be approved by the Planning Department as to amount and type of surety and
conditions satisfactory to the Planning Department. The Planning Department may subsequently, upon
proof of difficulty, approve extension of the completion date set forth in such guarantee for a maximum
period of up to three additional months.