HomeMy WebLinkAboutOrdinances 18-08-368 - 08/06/2018 - AMEND CHAPTERS 48 AND 50STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 18-08-368
AN ORDINANCE TO AMEND CHAPTER 48 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES AND
CHAPTER 50 - SUBDIVISIONS; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO
PROVIDE
AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES.
WHEREAS, Chapter 48 of the City of Milton Code of Ordinances regulates the construction of sidewalks
within the City of Milton; and,
WHEREAS, Chapter 50 of the City of Milton Code of Ordinances regulates the subdivision of land within
the City of Milton; and
WHEREAS, the Mayor and Council have determined that it is in the best interest of the City's residents
to amend Chapter 48 and Chapter 50 to modify the policies and methods for the construction of
sidewalk and the subdivision of land in the City of Milton.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called
Council meeting on the 6th day of August, 2018 at 6 p.m. as follows:
SECTION 1. That Chapter 48 of the City of Milton Code of Ordinances, Section 48-562 (1) shall
be amended to read:
"(1) All owners, developers, or occupiers of parcels of land where a development permit or building
permit is issued and any portion of the parcel is within a zoning overlay district or form based
code district where sidewalks are required or are one-half mile of a school or active public park
and the parcel is not identified on the current bike and pedestrian master plan shall be required
to provide a sidewalk, consistent with the city standards.
a. Such sidewalk shall conform to the AASHTO and applicable ADA requirements and to all
applicable overlay district guidelines and standards.
b. Sidewalks internal to subdivisions shall be installed in accordance with the City of Milton
Subdivision regulations.
c. Where it is determined to be in the best interest of the city payment in lieu of installation
may be made in accordance with section 48-674(3). "
SECTION 2. That Chapter 50 of the City of Milton Code of Ordinances shall be stricken in its
entirety and replaced with the Ordinance attached hereto as Exhibit "A" as if fully set forth herein.
SECTION 3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are
hereby repealed.
1
SECTION 4. This Ordinance shall become effective upon its adoption.
ORDAINED this the 6th day of August, 2018.
Attest:
�/�j f%
City Clerk
Approved;,;
Joe Lock , Mayor
Exhibit A
Chapter 50 - SUBDIVISIONSU
ARTICLE I. - IN GENERAL
1 Sec. 50-1. - Definitions.
2 The following words, terms and phrases, when used in this chapter, shall have the meanings
3 ascribed to them in this section, except where the context clearly indicates a different meaning:
4 Alley or service drive means a minor, permanent vehicular service access to the back or the side of
5 properties otherwise abutting a street.
6 Bike paths means paths that serve to separate bicycle riders from vehicle and pedestrian traffic. Bike
7 paths can meander through wooded areas, traverse the edge of open areas, and may (in many
8 instances) parallel existing roadways or walks.
9 Block means a parcel of land or lots entirely surrounded by public or private streets, other than
10 alleys.
11 Buildable area means that portion of a lot where buildings and specified structures may be located
12 after all minimum yards, buffers, landscape strips, and other setbacks have been met.
13 Building setback line means a graphic representation of the required minimum horizontal distance
14 between a building and the related front, side, or rear property lines which establish the minimum space
15 to be provided between the building and property lines.
16 Comprehensive plan means a set of documents approved by the mayor and city council which sets
17 forth desired long range development patterns for the incorporated City of Milton, Georgia.
18 Crosswalk means a right-of-way dedicated to public use, four feet or more in width that crosses a
19 street and furnishes a specific area for pedestrian movements at an intersection.
20 Cul-de-sac means a street having only one connection to another street and being permanently
21 terminated by a vehicular turn around.
22 Cul-de-sac, temporary, means a street having one end open to traffic and being temporarily
23 terminated by a vehicular turnaround. This temporary termination is to provide connectivity to future
24 developments.
25 Department means the Community Development Department, City of Milton, Georgia.
— 26 Director means the director of the community development department or his or her designee.
3
1 Driveway, attached single-family residential, access or shared, means a paved area used for the
2 ingress or egress of vehicles, and allowing access from a street to a building, other structure or facility
3 which complies with the access standards established in Chapter 48.
4 Driveway, detached single-family residential, access or shared (private drive) means a paved or
5 unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other
6 structure or facility for no more than two single-family residential lots.
7 Driveway, modified, single-family residential, access or shared (private drive) means a paved or
8 unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other
9 structure or facility for no more than five single-family residential lots that are all a minimum of 3 acres
10 in size.
11
12 Easement means a grant by the property owner for use by the grantee of a portion of land for
13 specified purposes.
14 Health and wellness department means the Fulton County Health and Wellness Department or
15 authorized representative thereof.
16 Land disturbance permit.
17 (1) The term "land disturbance permit' means an official authorization issued by the department,
18 allowing defoliation or alteration of a site or the commencement of any construction activities
19 including, but not limited to:
20 a. Clearing;
21 b. Grubbing;
22 c. Dredging;
23 d. Grading; and
24 e. Excavating, transporting and filling of land.
25 (2) The term 'land disturbance permit' does not include agricultural practices as defined in the
26 O.C.G.A.§ 1-3-3.
27 Lot means the basic lawful unit of land, identifiable by a single deed established by plat, subdivision,
28 or as otherwise permitted by law, to be separately owned, used, developed, or built upon. In determining
29 the area and dimension of a lot, no part of the right-of-way of a road or crosswalk may be included.
30 Lot, corner means a lot abutting two or more streets at their intersection.
4
_ 1 Lot, double/multiple frontage, means a lot other than a corner lot abutting two or more streets that
2 may or may not intersect at that lot.
3 Lot, minimum lot size, means the smallest permissible lot area established by chapter 64 or the
4 conditions of zoning.
5 Mayor and city council means the mayor and city council of the City of Milton, Georgia.
6 Plat means a map indicating the subdivision or resubdivision of land, intended to be filed for
7 recording.
8 Plat, final, means a finished drawing of a subdivision that provides a complete and accurate
9 depiction of all legal and engineering information required by this chapter. Certification is necessary for
10 recording.
11 Plat, minor, means a finished drawing of a subdivision of no more than three lots, or five lots if each
12 lot is 3 acres or more in size, that, at the time of subdivision, does not necessarily, but may involve:
13 (1) A land disturbance permit;
14 (2) New streets;
15 (3) The extension of a utility or other municipal facility; and
16 (4) Depicts all legal and engineering information required by this chapter.
17 Plat, preliminary, means a drawing that shows the proposed layout of a subdivision in sufficient detail
18 to indicate its workability and feasibility, but is not in final form for recording, pursuant to these
19 regulations. The preliminary plat is the first stage in securing a land disturbance permit.
20 Right-of-way dedication and reservation plan means an element of the city's comprehensive plan
21 maintained by the public works department which includes guidelines and procedures for the dedication
22 and reservation of rights-of-way along public roadways.
23 Standard details means illustrative minimum standards for land development activities authorized
24 under the city's land development regulations. These standards shall not supercede more restrictive
25 prudent design requirements or good engineering practices as applied to specific situations on a case -by -
26 case basis. All construction shall meet or exceed the Fulton County minimum standards established by
27 the Georgia Department of Transportation (GDOT).
28 Street classifications means the classification of streets based on functions, from high -traffic arterial
29 roads to low traffic residential streets. The following are definitions intended to distinguish between
30 different street classifications. All roadways are classified per the state department of transportation:
31 Collector means a roadway that has partial or no access control and has more emphasis on access
32 to adjacent land over mobility than arterials. The primary purpose is to distribute trips to and from the
33 arterial system and allow access to the local roads -
5
1 Freeway means a multi -lane roadway that has full access control and separation of directional traffic.
2 Freeways accommodate large volumes of high speed traffic and provide efficient movement of vehicular
3 traffic for interstate and major through travel.
4 Frontage street means a road that typically runs parallel to a partial access controlled roadway, a full
5 access controlled facility, or a railroad. Frontage roads provide public access to the adjacent parcels, help
6 control access to the major facility, and/or maintain circulation of traffic on each side of the major facility.
7 Full access control means preference is given to through traffic by providing access connections only
8 with selected public roads and by prohibiting crossings at grade and direct private connections.
9 Local means any roadway that has no access control, and places strong emphasis on access to
10 adjacent land over mobility while service to through traffic is discouraged.
11 Minor arterial means a roadway that has partial or no access control and is primarily used for inter -
12 connectivity of principal arterials and placing more emphasis on access to adjacent land over mobility.
13 No access control means preference is generally given to access to adjacent land rather than
14 mobility.
15 Partial access control means preference is given to through traffic to a degree that, in addition to
_ 16 connection with selected public roads, there may be some crossing at grades, but private connections
17 shall be prohibited.
18 Principal arterial means a roadway that has partial or no access control, and is primarily used for fast
19 or large volumes of traffic. Emphasis is placed on mobility rather than access to adjacent land.
20 Street, private, means a street or modified, single-family residential, access or shared (private drive)
21 driveway that has not been dedicated to the municipality or other government entity.
22 Street, public, means a dedicated and accepted right-of-way for vehicular traffic.
23 Street, residential, means streets internal to residential subdivisions. The following definitions are
24 intended to distinguish between different categories of streets internal to residential subdivisions:
25 Housing unit service means the number of housing units served by a street or collection of streets
26 shall be the aggregate number of housing units provided, or potentially to be provided, with driveway
27 access directly from the street plus the number of units utilizing or potentially utilizing the street for
28 through traffic movements. Such calculations shall be made at the beginning and ending of the same
29 street intersection.
30 Major subdivision street means a local road internal to a subdivision which serves 50 or more
31 housing units. These units do not have to be directly served by the major subdivision street. Major
32 subdivision streets are roads that serve as collectors for the subdivision traffic. Any residential street
1 which accesses a collector or arterial road shall be considered a major subdivision street for the first 300
2 feet regardless of housing unit service.
3 Minor subdivision street means a local road internal to a subdivision which serves fewer than 50
4 housing units and does not access a collector or arterial road.
5 Stub -out street means a street having one end open to traffic and being temporarily terminated at the
6 other. Stub -outs generally do not have a temporary vehicular turnaround. This temporary termination is to
7 provide connectivity to future developments and may be constructed without curb and gutter, provided
8 such stub -out street meets the standards of the Fulton County Fire Department.
9 Subdivider means any property owner, person, individual, firm, partnership, association, corporation,
10 estate, trust, agent of property owner, or any other group or combination acting as a unit dividing or
11 proposing to divide land so as to constitute a subdivision.
12 Subdivision, major, means a subdivision that does not qualify as a minor subdivision.
13 Subdivision, minor, means a subdivision of no more than three lots, or five lots if each lot is 3 acres
14 or more in size, that, at the time of subdivision, does not necessarily, but may involve
15 (1) A land disturbance permit;
-- 16 (2) New streets; or
17 (3) The extension of a utility or other municipal facility.
18 Subdivision, residential and nonresidential, means any division of a lot, tract or parcel, regardless of
19 its existing or future use, into two or more lots, tracts or parcels. The term "subdivision" means the act or
20 process of dividing property, except that, where appropriate to the context, the term "subdivision" may be
21 used in reference to the aggregate of all lots held in common ownership at the time of subdivision.
22 Traffic mitigation action plan means a plan that studies and addresses the number of trips a
23 subdivision will produce when such development results in the reduction of the level of service on any
24 roadway currently functioning at "D" or worse in accordance with the county transportation standards.
25 (1) The term "traffic mitigation action plan" includes, but is not limited to:
26 a. Roadway improvements; and
27 b. Other proposals, such as:
28 1. Providing transit access;
29 2. Transit use incentives;
30 3. Car/van pooling;
31 4. Bicycle path construction;
VA
1 5. Off-site and internal sidewalk construction; and
2 6. Lunch trip reduction.
3 (2) The traffic mitigation action plan shall mitigate the traffic impact in a manner that will show no
4 negative impact on roads with level of service of "D" or worse.
5 Trails, pedestrian or others, means extended and usually continuous strips of land established
6 independently of other routes of travel and dedicated, through ownership or easement, to recreational
7 travel including hiking, horseback riding, etc.
8 Utility accommodations (guidelines and procedures) means a county program maintained by the
9 public works department which includes:
10 (1) Installing, maintaining, repairing, operating, or using a pole line, buried cable, pipeline, or
11 miscellaneous utility facility; and
12 (2) Performing miscellaneous operations authorized by a utility permit.
13 Utility permit means an official authorization issued by the public works department, allowing the
14 alteration of land within the right-of-way for the commencement of any construction activities pertaining to
15 utility installation or relocation.
16 Zoning ordinance means the Zoning Ordinance of the City of Milton, Georgia, (chapter 64).
17 ( Ord. No. 17-04-314, § 1, 4-24-2017)
18 Sec. 50-2. - Penalty.
19 (a) Civil. Any person violating any provision of this chapter, shall be deemed liable for civil penalties not
20 less than $1,000.00 and not to exceed $2,500.00 and/or imprisonment for 60 days, or as amended
21 by applicable statutes. Each day's continuance of a violation shall be considered a separate offense.
22 The owner of any lands or parts thereof, where anything in violation of this provision shall be placed,
23 or shall exist, and any person who may assist in the separate offense, the city court, or any court of
24 competent jurisdiction, shall have jurisdiction of any offense charged under this section.
25 (b) Additional remedies. In any case in which any land is, or is proposed to be, used in violation of
26 these regulations or any amendment thereto adopted by the mayor and city council, may, in addition
27 to other remedies provided by law, institute injunction, abatement or any appropriate action, or
28 proceeding to prevent, enjoin or abate such unlawful use.
— 29 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
30 Sec. 50-3. - Title.
I The title of these regulations shall be known as "the Subdivision Regulations of the City of Milton,
2 Georgia."
3 ( Ord. No. 17-04-314, § 1, 4-24-2017)
4 Sec. 50-4. - Purpose.
5 These rules and regulations are intended to serve the following purposes, among others:
6 (1) To protect and promote the health, safety and general welfare of the city's residents.
7 (2) To encourage economically sound and stable land developments.
8 (3) To ensure the adequate provision of streets, access, utilities, and other facilities and services
9 to new land developments in conformance with public improvement standards and regulations
10 of the city.
11 (4) To ensure the adequate provision of safe and convenient traffic access, connectivity to other
12 developments or facilities, and efficient circulation (both vehicular and pedestrian) in new land
13 developments.
-- 14 (5) To ensure the provision of needed open space and building sites in new land developments
15 through dedication or reservation of land for recreational, educational, environmental, green
16 space, bikeways and pedestrian trails, and other public purposes.
17 (6) To ensure equitable handling of all requests for the subdivision of land by providing uniform
18 procedures and standards for the subdivider.
19 ( Ord. No. 17-04-314, § 1, 4-24-2017)
20 Sec. 50-5. - Conflicts.
21 Where conflicts exist between this chapter and other city regulations and policies, either the most
22 restrictive or the city's written interpretation shall prevail.
23 ( Ord. No. 17-04-314, § 1, 4-24-2017)
24 Secs. 50-6-50-42. - Reserved.
25 ARTICLE II. - AUTHORITY AND APPLICATION
26 Sec. 50-43. - Portions of state Constitution adopted.
Q,
1 These subdivision rules and regulations are adopted under the authority of the following portions of
2 the 1983 Constitution of the State of Georgia:
3 (1) Article IX, section II, paragraph I; and
4 (2) Article IX, section II, paragraph IV.
5 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
6 Sec. 50-44. - Preliminary plat required.
7 Any subdivider of land, except for land subdivided for minor subdivisions or proposed subdivisions of
8 land approved through the zoning process, within the incorporated city shall submit to the director of the
9 community development department a preliminary plat of the proposed subdivision conforming to all the
10 requirements set forth in these regulations and any other applicable county, state and federal regulations.
11 The director of the community development department shall approve or deny the preliminary plat based
12 on the planning commission recommendations in accordance with the process described in section 50-
13 91. Once the preliminary plat is approved, a final plat must be filed which conforms to all requirements set
14 forth in these regulations.
15 ( Ord. No. 17-04-314, § 1, 4-24-2017)
16 Sec. 50-45. - Unlawful to sell or transfer subdivided land without minor or final plat confirmation
17 No person, firm, corporation, owner, agent or subdivider shall sell, transfer or agree to sell any
18 subdivided land without the minor or final plat of that subdivision having been confirmed by the mayor and
19 city council.
20 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
21 Sec. 50-46. - Approval and permits required prior to construction.
22 No subdivider shall proceed with any construction work on the proposed subdivision, including
23 clearing, grading or grubbing, before obtaining the appropriate approvals and permits.
24 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
25 Sec. 50-47. - Approval and confirmation required prior to dedicating, extending or accepting public
26 street.
10
1 No land shall be dedicated, opened, extended or accepted as a public street or for any other public
2 purpose before obtaining final approval from the director and confirmation by the mayor and city council.
3 The approval shall be entered in writing on the final plat by the director. Any subdivider of property for
4 public purpose (other than streets) shall be transferred by deed.
5 ( Ord. No. 17-04-314, § 1, 4-24-2017)
6 Sec. 50-48. - No building permit issued unless legal access to street approved.
7 No building permit shall be issued within the incorporated area of the city unless legal access is
8 provided to a public street or a private street approved under the terms of these rules and regulations.
9 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
10 Sec. 50-49. - Residential subdivision building permit issued only after approval and confirmation of
11 minor or final plat.
12 In residential subdivisions, building permits may be issued on the basis of any approved minor plat or
- — 13 final plat only after the approval of the mayor and city council's confirmation.
14 ( Ord. No. 17-04-314, § 1, 4-24-2017)
15 Sec. 50-50. - Court ordered divisions of property excepted from this chapter.
16 The divisions of property by court order including, but not limited to, judgments of foreclosure or
17 consolidation and disbursement of existing lots by deed or other recorded instruments, shall not be
18 considered a subdivision for purposes of, and shall not obviate the necessity for compliance with, these
19 regulations.
20 ( Ord. No. 17-04-314, § 1, 4-24-2017)
21 Sec. 50-51. - Model home regulations.
22 (a) The subdivider shall be allowed one building permit for a model home for each 15 lots located in the
23 proposed subdivision; provided the subdivider provides an agreement to install improvements for a
24 cash surety equal to 125 percent of the cost for the remaining infrastructure improvements, based on
25 written estimates by the design professional for the project. Notwithstanding the permitted rate for
26 model homes, the maximum number of building permits for model homes to be allowed in any one
27 subdivision shall not exceed ten.
11
__— 1 (b) The following shall apply for lots where model homes are allowed:
2 (1) The lots shall be located within 300 feet of an active fire hydrant;
3 (2) Main sewer and water lines for these lots shall be installed by the developer and be subject to
4 review and approval by Fulton County; installation of these lines shall take place prior to
5 issuance of the certificate of occupancy; and
6 (3) The lots shall have a minimum 20 -foot wide fire access road extending from a paved public
7 street to within 100 feet of the proposed structure.
8 ( Ord. No. 17-04-314, § 1, 4-24-2017)
9 Secs. 50-52-50-70. - Reserved.
10 ARTICLE Ill. - REQUIREMENTS
11 DIVISION 1. - GENERALLY
12 Sec. 50-71. - Compliance with city procedures and guidelines required.
13 All proposals to subdivide combine or recombine parcels of land under the provision of these
14 regulations shall be in compliance with the City of Milton's Standard Procedures and Guidelines for
15 Subdividing Property.
16 (1) All final plats, replats and minor plats shall have the consent of the owners of all affected lots
17 shown on said plat. Replats or new plats showing modifications to common areas shall require
18 the consent of owners of all lots shown in the original final plat.
19 (2) Proposals for the subdivision, combination or recombination of lawful previously platted lots or
20 parcels, or portions thereof, shall be in compliance with the zoning ordinance (chapter 64).
21 (3) If construction activity contemplated results in the disturbance of an area of 5,000 square feet
22 or more, a land disturbance permit must be approved along with any building permit prior to
23 construction.
24 (4) Where a proposed lot fronts an existing public street, the subdivider shall improve the street
25 along the lot's frontage to the applicable standards of these regulations and any standard
26 details as determined by the director.
27 (5) All slope, drainage and utility easements, as well as necessary right-of-way widths (as
28 determined by the director) on an existing public street, paved or unpaved, shall be provided by
29 the subdivider at no cost to the city.
12
1 (6) Each proposed lot shall comply with the requirements of the Fulton County Department of
2 Health, whose certification of approval shall accompany the submission of the final plat to the
3 director.
4 (7) A minor plat proposal, as defined in section 50-1, may be exempt from traffic and drainage
5 studies, when an analysis is submitted and concludes that the development would have no
6 negative impact on traffic or drainage.
7 (8) Each lot created under the provisions of a minor plat shall not subsequently be re -subdivided
8 pursuant to the provisions of a minor plat. Notwithstanding the foregoing prohibition, if a re-
g subdivision of a lot does not create any lots with an area less than 3 acres, the Community
10 Development Director may approve the minor plat when the Community Development Director
11 finds the proposed re -subdivision to be in the best interest of the city.
12 (9) For the division of land in the AG -1 (Agricultural) zoning district adjacent to or has access to
13 unpaved roads, the following rules shall apply:
14 a. Each proposed lot shall contain a minimum area of three acres.
15 b. Each proposed lot shall provide at least 100 feet of road frontage, the minimum dimension
16 of which shall be maintained to the building line of the lot.
17 c. Each proposed lot shall provide at least 200 feet of lot width at the building line.
18 (10) For the division of land in O -I, C-1, C-2, MIX, and M1 -A, M-1 and M-2 zoning districts, after
19 initial development of the property, the following standards shall also apply:
20 a. A proposed lot fronting an existing public street shall contain the necessary frontage
21 required by the zoning ordinance (chapter 64).
22 b. The subdivider shall submit documentation of the necessary easements providing for
23 access to a public street for proposed lots that front only on an existing, documented,
24 paved private street or driveway.
25 c. All slope, drainage and utility easements, as well as necessary street rights-of-way (as
26 determined by the director) shall be provided by the subdivider at no cost to the city.
27 ( Ord. No. 17-04-314, § 1, 4-24-2017)
28 Secs. 50-72-50-90. - Reserved.
29 DIVISION 2. - PROCESS
30 Sec. 50-91. - Preliminary plat approval.
13
1 (a) All preliminary plat applications shall be reviewed by the community development department staff
2 for completeness. A preliminary plat application shall be deemed to be complete if the application
3 complies with all applicable city, county, state and federal regulations. If staff determines that an
4 application is not complete, the applicant will be notified of any deficiencies and provided the
5 opportunity to revise the plat to correct the identified deficiencies without the need for the filing of a
6 new application. If staff determines that previously identified deficiencies remain in any corrected
7 preliminary plat, staff may reject the application entirely or request that the applicant submit a new
8 corrected preliminary plat.
9 (1) For preliminary plats, after staff determines that the application is complete, the community
10 development director shall forward the application to the planning commission for public
11 hearing, review, comment and recommendation.
12 (2) The planning commission shall conduct a public hearing and shall review the preliminary plat at
13 its next available regularly scheduled meeting and shall provide comments and make
14 recommendations regarding the plat to the community development director.
15 a. Notification of planning commission meeting.
16 1. The applicant or agent shall post a sign as directed by the community development
17 department in a conspicuous location on each street frontage of the subject property
18 at least 14 days prior to the planning commission meeting. It will be the applicant's
19 responsibility to ensure the posting remains in a conspicuous location on site until
20 after the scheduled planning commission meeting.
21 2. The department shall give notice of the planning commission meeting by regular mail
22 to all property owners or current residents within 500 feet of the boundaries of the
23 subject property and a minimum of 75 owners who appear on the city tax records as
24 retrieved by the city's geographic information system in the surrounding area around
25 the subject property, which 75 owners may include those located within 500 feet of the
26 subject property. The notices shall be mailed a minimum of 14 days prior to the
27 planning commission meeting.
28 3. The mailed notices shall contain the time, place, and purpose of the planning
29 commission meeting, the location of the property, and description of the proposed
30 subdivision. The posted sign shall include all of the items required in the mailed notice
31 except the location of the property.
32 (3) Upon receipt of the comments and recommendations of the planning commission with respect
33 to the preliminary plat, the community development director shall implement the comments and
34 recommendations of the planning commission by either approving the preliminary plat, denying
14
_ 1 the preliminary plat, or returning the preliminary plat to the applicant for revision consistent with
2 the comments and recommendations of the planning commission.
3 (b) Preliminary plat approval shall continue in effect for a period as follows or for as long as
4 construction activity is continuous and at least 25 percent of the land area within the preliminary plat
5 has received final plat approval, whichever is longer:
6 (1) Two years for subdivisions of 50 lots or less.
7 (2) Three years for subdivisions of more than 50, but less than 300 lots.
8 (3) Four years for subdivisions of more than 300 lots.
9 Accordingly, if the preliminary plat approval expires, a new application must be submitted and shall
10 be subject to the regulations in effect at the time of such submission.
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12 ( Ord. No. 17-04-314, § 1, 4-24-2017)
13 Sec. 50-92. - Land disturbance permit.
14 (a) Following preliminary plat approval, site development plans shall be submitted for approval prior to
15 any defoliation or the commencement of development activities on the subject property. Approval of
16 such plans shall result in the issuance of a duly authorized land disturbance permit which, along with
17 the approved plans, must be maintained on the site until all site work, as proposed and approved, is
18 completed.
15
I (b) An application for a permit for any proposed work shall be deemed to have been abandoned 180
2 days after the date of filing, unless such application has been pursued in good faith or a permit has
3 been issued, except that the director is authorized to grant a maximum of two extensions of time not
4 exceeding 90 days each. The extension shall be requested in writing and justifiable cause
5 demonstrated.
6 (c) Prior to the issuance of a land disturbance permit, an indemnity agreement form must be filed by the
7 subdivider protecting the city against damage, repair or maintenance claims and liability arising out
8 of drainage problems. The director, or his or her designee, is hereby authorized to execute such
9 agreements on the city's behalf.
10 (d) Every permit issued shall become invalid unless the work on the site authorized by such permit is
11 commenced within 180 days after its issuance, or if the work authorized on the site by such permit is
12 suspended or abandoned for a period of 180 days after the time the work is commenced. The
13 director is authorized to grant, in writing, a maximum of two extensions of time, for periods not more
14 than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
15 ( Ord. No. 17-04-314, § 1, 4-24-2017)
__ 16 Sec. 50-93. - Final plat approval.
17 (a) Whenever the provisions of these rules and regulations have been complied with and while the
18 preliminary plat approval is in effect, the subdivider may submit to the community development
19 director an application for final plat review and approval pursuant to these regulations. All required
20 infrastructure shall be completed and approved, or performance bonds for a portion of such
21 improvements shall be filed in accordance with subsection (c) of this section prior to filing for final
22 plat approval.
23 (b) The final plat shall be submitted and drawn to the specifications of the Georgia Plat Act and the
24 standards of the city.
25 (c) Prior to the approval of a final plat, the following must be provided by the subdivider, or his or her
26 designee:
27 (1) Cash assurance in an amount equal to 125 percent of the cost of infrastructure improvements
28 not yet in compliance. Said cash bond shall be maintained until the improvements have been
29 approved by the city;
30 (2) Maintenance bond to ensure the viability of infrastructure improvements;
31 (3) Drawings demonstrating the "as -built" conditions of the site, or cash assurance that such will
32 be provided within 30 days;
16
1 (4) An electronic format acceptable to the public works department containing data about the
2 sanitary sewer and water systems where available;
3 (5) Signed release of the project by the development inspector; and
4 (6) Recorded deed to the city for any dedicated space.
5 (d) All final plat applications shall be reviewed by the community development department staff for
6 completeness. A final plat application shall be deemed to be complete if the application complies
7 with all applicable city, county, state and federal regulations. If staff determines that an application is
8 not complete, the applicant will be notified of any deficiencies and provided the opportunity to revise
9 the plat to correct the identified deficiencies without the need for the filing of a new application. If staff
10 determines that previously identified deficiencies remain in any corrected final plat application, staff
11 may reject the application entirely or request that the applicant submit a new corrected final plat.
12 (e) For all final plats, after staff determines that the application is complete and signed accordingly, the
13 community development director shall forward the application to the mayor and city council for
14 consideration and approval. The mayor and city council shall review the final plat at their next
15 regularly scheduled meeting and shall approve the plat unless the plat substantially differs from the
16 previously approved preliminary plator is inconsistent with any specific adopted plans or policies.
17 (f) A final plat application may be denied without prejudice, thereby allowing the applicant to resubmit a
18 revised plat for consideration without the necessity of paying a new application fee, if the application
19 is found to be substantially different from the previously approved preliminary plat, inconsistent with
20 any specific adopted plans or policies, or inconsistent with the public health, safety and welfare.
21 (g) The final plat shall be considered approved upon the vote of approval by the mayor and city council.
22 (h) After being approved by the mayor and city council, the city shall cause the final plat to be recorded
23 with the clerk of the superior court of Fulton County.
24 (i) Should the final plat application be denied, the basis for the denial shall be stated in writing to the
25 applicant. The subdivider may file an appeal in accordance with section 50-232.
17
I
N
3
4
" Commurllty Development .
SM" reviews apprcatim for
complexness. Once complete,
Corurmw y Development Director
certifies that plat a in w pbarrce with
c" codes Plat is then forwarded to
` Wycit and City Cam-* tar approval
( Ord. No. 17-04-314, § 1, 4-24-2017)
Sec. 50-94. - Minor plat approval.
FINAL PLAT REVIEW PROCESS
HAW Plat
Appeal
hem Placed on Mayor &W Co Caurrcll
kvnda under*Nm 8waiess'. Upon - - ... _ .. tr "I Rat rs denied. 5ubdnidef may
approrat by City CourKil City retards Plat subma an application of appeal Lu the
at County Courtnorae Superior Court
5 (a) For a minor plat, after staff determines that the application is complete, the community development
6 director shall review the minor plat and shall approve the plat unless the plat is inconsistent with any
7 specific adopted plans or policies, or is inconsistent with the public health, safety and welfare.
8
9
10
13
14
(1) Should the community development director not approve the minor plat, the basis for the denial
shall be stated in writing to the applicant. The subdivider may file an appeal in accordance with
section 50-233.
(b) After the review and approval by the community development director, a minor plat shall be placed
on the consent agenda of the mayor and city council meeting.
(c) After being confirmed by the mayor and city council, the city shall cause the final plat to be recorded
with the clerk of the superior court of Fulton County.
18
MINOR PLAT REVIEW PROCESS
annwn ry opmtnt
54H rrvrws appannon to Appeal Mimr Kid
completeness. Once complete. Once cendfed. Nem pWced on Maya and
Communny DevNapment Director If Miner Pit n deneo t1y L wider ey
7rvelnp!rtrc l7rrutnr, SUM1wiM`r may. GtY Conn l Consent Co agenda ipw
reco
re news the tent itht and approves MnlMmitan by GtN Counts, Gry records
unlns ineonsistentwith ury tortes Maar suDmN an applKalion .if aped lU C(I[ plat at Coumy
Mard all 2—ira Apeals
Plat ISMM forwarded i0 Masco aridY tburrhomp
Cifuncd to conlnittitl m.
1
2 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
3 Secs. 50-95-50-112. - Reserved.
4 ARTICLE IV. - GENERAL PRINCIPLES OF THE LAND
5 Sec. 50-113. - Suitability of the land.
6 Land subject to flooding, improper drainage, erosion, and deemed unsuitable for development in
7 accordance with the city's standards shall not be platted for any use that may continue such conditions or
8 increase the danger to health, safety, life, or property unless steps are taken to eliminate the hazards
9 mentioned in this section.
10 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
11 Sec. 50-114. - Access.
12 (a) Unless otherwise herein noted, every subdivision shall be accessed by publicly dedicated streets,
13 private streets or modified, single-family residential, access or shared (private drive) driveways in
14 accordance with the following:
15 (1) The proposed access shall meet the city's standards and regulations.
19
1 (2) No access road intended to be private is to be extended to serve property outside that
2 development unless approved by the public works department.
3 (3) In residential subdivisions, any private access shall be maintained by a mandatory
4 homeowners' association and documents of incorporation shall be submitted to the director of
5 community development for review and approval prior to the recording of the final plat.
6 (4) The subdivider shall provide all necessary easements for ingress and egress for police, fire,
7 emergency vehicles and all operating utilities.
8 (5) The final plat of any subdivision that contains private streets or access shall clearly state that
9 such streets or access are private.
10 (6) In subdivisions approved under the provisions of a minor plat and where the minimum lot size is
11 three acres or greater the lots may be served by a modified, single-family residential, access or
12 shared (private drive) driveway designed to fire department access standards. When such access is
13 provided the final plat shall clearly indicate the necessary access easements. The access easements
14 shall be privately maintained.
15 (b) When land is subdivided, the created parcels shall be arranged and designed so as to allow for the
16 opening of future streets and provide access to those areas not presently served by streets.
17 (c) No subdivision shall be designed so as to completely eliminate street access to adjoining parcels of
18 land without current street access.
19 (d) Lots may share access as stipulated herein. Lot frontage and access do not necessarily have to be
20 along or front the same public street, if approved by the director.
21 (e) The director shall have the right to encourage design of the subdivision in a manner that will:
22 (1) Enhance traffic circulation and other community needs;
23 (2) Encourage pedestrian traffic to schools, parks, existing and planned greenspace corridors, and
24 neighborhood shopping centers;
25 (3) Reduce impacts on streams and lakes;
26 (4) Reduce unwanted noise, lights on neighboring lots; and
27 (5) Discourage vehicular speeding on local streets.
28 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
29 Sec. 50-115. - Conformance to city comprehensive plan.
20
1 (a) All proposed subdivisions shall conform to the city comprehensive plan and development policies in
2 effect at the time of submission.
3 (b) The director shall not approve plats when such planned features, as specified by the
4 comprehensive plan, are not incorporated into the plat.
5 (c) Whenever the plat proposes the dedication of land for public use and the director or the appropriate
6 agency finds that such land is not acquired consistent with the appropriate agency plans, policies, or
7 priorities, the director may either refuse to approve the plat, or require the rearrangement of lots to
8 include such land.
9 (d) If a development is proposed within one mile of any roadway operating at a level of service "D" or
10 worse, in accordance with the county transportation standards, a traffic mitigation action plan must
11 be submitted and approved by the director prior to the issuance of a land disturbance permit.
12 (e) The term "greenspace," as referred to in this chapter, means a permanently protected land including
13 agricultural and forestry land that is in its undeveloped, natural state or that has been developed only
14 to the extent consistent with, or is restored to be consistent with, one or more of the following
15 purposes:
16 (1) Water quality protection for rivers, streams, and lakes;
17 (2) Flood protection;
18 (3) Wetlands protection;
19 (4) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream
20 banks;
21 (5) Protection of riparian buffers and other areas that serve as natural habitat and corridors for
22 native plant and animal species;
23 (6) Scenic protection;
24 (7) Protection of archaeological and historic resources;
25 (8) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running,
26 jogging, biking, walking, and similar outdoor activities; and
27 (9) Connection of existing or planned areas contributing to the purposes set out in this section.
28 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
29 Sec. 50-116. - Zoning and other regulations.
21
1 (a) No subdivision shall be created or recorded that does not comply with the standards of the zoning
2 ordinance (chapter 64) and the approved conditions of zoning for the property.
3 (b) Whenever there is a discrepancy between minimum standards or dimensions noted herein and
4 those contained in the zoning regulations, building codes, or other official regulations or resolutions,
5 the most restrictive shall apply unless set forth in the conditions of zoning.
6 (c) All proposed subdivisions shall comply with the city stormwater design manual.
7 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
8 Sec. 50-117. - Amendments.
9 (a) Modifications of the provisions set forth in these regulations may be approved by the director when
10 granting of such modification will not adversely affect the general public or nullify the intent of these
11 regulations.
12 (b) Should the director deny a request to modify in accordance with subsection (a) of this section, the
13 applicant may appeal the director's decision in accordance with section 50-231.
-- 14 14 ( Ord. No. 17-04-314, § 1, 4-24-2017)
15 Secs. 50-118-50-136. - Reserved.
16 ARTICLE V. - CONSERVATION SUBDIVISION
17 Secs. 50-137-50-155. - Reserved.
18 ARTICLE VI. - DESIGN STANDARDS
19 Sec. 50-156. - Compliance with this article required.
20 All applicable design standards as set forth in this article and the standard details shall be observed
21 in all plats as approved by the director.
22 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
23 Sec. 50-157. - Streets.
24 All streets, public or private, shall be constructed to the construction standards of the city's public
25 works department.
22
1 (1) The arrangement, character, extent, width, grade, and location of all streets shall conform to
2 the city comprehensive plan and shall consider their relation to existing and planned streets,
3 topographical conditions, and appropriate relation to the proposed uses of the land to be served
4 by such streets.
5 (2) The streets serving residential subdivisions shall be arranged and designed such that their use
6 for through traffic will be discouraged.
7 (3) Where a subdivision contains a dead-end street or stub -street other than a cul-de-sac, the
8 subdivider shall provide a temporary cul-de-sac within the right-of-way. Where a temporary cul -
9 de -sac is required, the subdivider shall be responsible for maintaining and for the construction
10 of the final street connection or turnaround as required.
11 (4) Where a subdivision abuts or contains an existing or proposed street classified as a collector
12 street or higher, the director may require frontage streets. Double frontage lots may be required
13 to have screening and no access easements along lot lines fronting on arterials or collector
14 streets. Deep lots with rear service drives, or other treatment as may be necessary for adequate
15 protection of residential properties, may be required to afford separation of through and local
16 traffic.
- 17 (5) Where a subdivision borders on or contains a railroad right-of-way, or a full or partial access
18 control facility right-of-way, the director may require a street approximately parallel to and on
19 each side of the right-of-way.
20 (6) Street right-of-way widths for major streets shall be dedicated as specified in the city
21 comprehensive transportation plan and the right-of-way dedication and reservation plan. Other
22 street right-of-way widths shall be not less than as specified under section 50-160.
23 (7) Where a subdivision abuts an existing street, the subdivider shall dedicate additional right -of -
24 way on the existing streets to meet the requirements as set forth in the right-of-way dedication
25 and reservation plan.
26 (8) New road grades should be as indicated in the following table:
23
New Road
Street Type
Grade
(maximum)
Collector
8%
Major subdivision street
12%
23
Minor subdivision street
14%
_..................... 111_. ..... ............. __..__..11.11..__
Driveway, modified, single-family residential, access or shared (private drive); 01
1
2 Notes— (1) Grades exceeding 12 percent shall not exceed a length of 250 feet.
3 (2) Or as approved by the City of Milton Fire Marshal
4 (9) Interparcel access shall be provided to adjacent properties upon determination by the director
5 that such access is in the best interest of the public health, safety, or welfare. In residential
6 subdivisions, where private streets are proposed, the director may require a public street for
7 interparcel connection purposes; the director may also require a shared access.
8 (10) Alignment
9 a. Minimum vertical. All local roads with 25 miles per hour designs shall be connected by
10 vertical crest curves of a minimum length not less than 12 times the algebraic difference
11 between the rates of grade, expressed in feet per hundred. All local roads with a 25 miles
12 per hour design speed shall be connected by vertical sag curves of minimum length not
13 less than 26 times the algebraic difference between the rates of grade, expressed in feet
14 per 100. In any case, the sight distance shall meet the minimum requirements of this
15 article.
16 1. In proposed approaches of new streets to intersections with existing streets, there
17 shall be a suitable leveling of the street at a grade not exceeding three percent and for
18 a distance of not less than 50 feet as measured from the back of the curb of the
19 intersecting street.
20 2. In approaches to intersections internal to residential subdivisions, there shall be a
21 suitable leveling of the street at a grade not exceeding five percent and for a distance
22 of not less than 50 feet as measured from the center point of the intersection.
23 b. Minimum horizontal; radii of centerline curvature. The minimum horizontal shall be not less
24 than the following:
25 1. Major subdivision street designed for 35 miles per hour: 200 feet.
26 2. Other major subdivision street: 100 feet.
27 3. Minor subdivision street: 100 feet.
24
1 C. Tangents; between reverse curves. The minimum tangents shall be not less than the
2 following.-
3
ollowing:3 1. Major subdivision streets designed for 35 miles per hour: 100 feet.
4 2. Other major subdivision street: 50 feet.
5 3. Minor subdivision street, where there is no super -elevation: 50 feet.
6 d. Intersection visibility requirements.
7 1. Roadways and their intersections shall be designed such that the proper sight
8 distance is maintained.
9 2. Minimum sight distance shall be determined by the operating speed of the road as
10 determined by the public works department.
11 3. Intersection sight distance shall be no less than the following:
12
13
14
15
4. Minimum horizontal visibility shall be measured on the centerline.
5. When a proposed curb cut intersects an existing roadway, the minimum visibility shall
be provided as follows:
25
1 (i) When measuring in the horizontal plane, the intersection sight distance is
2 determined with the following assumptions.
3 A. The driver's eye location is to be assumed at the centerline of the exiting
4 lane of the proposed curb cut behind the stop bar.
5 B. The object location is to be assumed at the centerline of the closest
6 oncoming lane for each direction.
7 (ii) When measuring in the vertical plane, intersection sight distance is determined
8 with an assumed height of driver's eye and an assumed height of the object of
9 three and one-half feet.
10 (iii) When measuring in either plane, the line of sight must remain in the proposed
11 dedicated right-of-way, unless sufficient easements, maintenance agreements,
12 indemnifications agreements are provided, or additional right-of-way is dedicated.
13 e. Stopping sight distance visibility requirements.
14 1. Roadways and their intersections shall be designed such that proper stopping sight
15 distance is maintained.
16
17
18
19
2. Minimum sight distance shall be determined by the design speed of the proposed road
as determined by the public works department.
3. Stopping sight distance along a roadway shall be no less than the following:
20 4. Minimum vertical visibility for stopping sight distance along the roadway shall be
21 determined by measuring between two points of which the height of the driver's eye
26
1 shall be assumed at three and one-half feet to an assumed object which is two feet in
2 height. The line of sight must remain within the proposed dedicated right-of-way,
3 unless sufficient easements, maintenance agreements, and indemnification
4 agreements are provided, or additional right-of-way is dedicated.
5 5. Minimum horizontal visibility for stopping sight distance shall be measured on the
6 centerline.
7 (11) Street intersections shall be as nearly at right angles as possible, and no intersection shall be
8 at an angle less than 80 degrees. Detailed designs of intersections shall be required to include
9 all striping and pedestrian crosswalks. Pedestrian crossing signs and signals may be required.
10 (12) The curbline radius at street intersections shall parallel the right-of-way radius.
11 (13) Right-of-way radius. The right-of-way radius at street intersections shall be at least 20 feet,
12 and where the angle of intersection is less than 90 degrees, the public works department may
13 require a greater radius.
14 (14) The centerline offsets on streets internal to a residential subdivision shall not be less than 200
15 feet. The centerline offsets for all other streets and curb cuts providing access to developments
16 shall not be less than 300 feet, except greater centerline offsets may be required by the director.
17 (15) Cul-de-sac streets shall be designed so that the maximum desirable length shall be 600 feet.
18 ( Ord. No. 17-04-314, § 1, 4-24-2017)
19 Sec. 50-158. - Blocks.
20 (a) The lengths, widths, and shapes of blocks shall be determined with due regard to:
21 (1) Provisions of adequate building sites suitable to the special needs of the type of use
22 contemplated;
23 (2) Zoning requirements as to lot sizes and dimensions unless a planned unit development is
24 contemplated;
25 (3) Needs for convenient access, circulation, control and safety of street traffic; and
26 (4) Limitations and opportunities of topography.
27 (b) Residential blocks shall be wide enough to provide two tiers of lots, except where fronting on streets
28 classified as a collector street or higher or prevented by topographical conditions or size of the
29 property. The director may require or approve a single tier of lots of minimum depth.
30 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
27
1 Sec. 50-159. - Lots.
2 (a) The size, shape, arrangement, orientation of every lot shall be subject to the director's approval for
3 the type of development and use contemplated. Proposed internal lot lines (not on the street side)
4 shall not be curved.
5 (b) Every lot shall conform to the dimension, area, and size requirements of the zoning ordinance
6 (chapter 64) and conditions of zoning.
7 (c) Lots not served by a public sewer or community sanitary sewerage system and public water shall
8 meet the dimension and area requirements of the department of health.
9 (d) Double frontage lots shall be prohibited, except as approved by the director provided that such lots
10 are essential to provide separation of residential development from traffic arteries or to overcome
11 specific disadvantages of topography, orientation, and property size. A planted screen may be
12 required along lot lines abutting a traffic artery or other use that would have potential negative
13 impact.
14 (e) The creation of remnant lots that are below minimum standards shall be prohibited unless such lots
15 are designated as common area on the final plat and maintained by the homeowners' association or
16 some other entity approved by the city.
17 (f) Each lot shall have direct access to an abutting, existing public street or to a street contained within
18 the proposed subdivision. A connection through an approved private drive may be permitted by the
19 director.
20 (g) The subdividing of land adjacent to or surrounding an existing or proposed lake where lots abutting
21 the lake shall be drawn to the centerlines of the lake or identified a common area, maintained by the
22 homeowner's association.
23 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
24 Sec. 50-160. - Subdivision streets.
25 (a) The minimum requirements for major subdivision streets shall be as follows:
26 (1) Right-of-way: 50 feet.
27 (2) Pavement width: 24 feet back of the curb to back of the curb.
28 (3) Cul-de-sac:
— 29 a. Right-of-way: 50 -foot radius with a ten -foot radius landscape island.
30 b. Pavement width: 40 -foot radius to back of the curb.
28
1 (4) Sidewalks. In accordance with section 50-182(d).
2 (5) Street trees. If required by the director, street trees shall be installed on both sides at a spacing
3 approved by the city arborist.
4 (b) The minimum requirements for minor subdivision streets shall be as follows:
5 (1) Right-of-way: 44 feet.
6 (2) Pavement width: 22 feet back of the curb to back of the curb.
7 (3) Cul-de-sac:
8 a. Right-of-way: 42 -foot radius with a eight -foot radius landscape island.
9 b. Pavement width: 32 -foot radius to back of the curb.
10 (4) Sidewalks. In accordance with section 50-182(d)
11 (5) Street trees. If required by the director, street trees shall be installed on both sides at a spacing
12 approved by the city arborist.
13 (c) For streets other than mentioned in subsections (a) and (b) of this section, the director shall
14 determine the required cross section. For modified, single-family residential, access or shared
15 (private drive) driveways the design standards shall comply with the standards set forth herein and
16 the Appendix D -Fire Apparatus Roads of the International Fire Code (latest edition). The City of
17 Milton Fire Marshal may approve variances from these design standards provided the public health,
18 safety and welfare is protected and the variance is in the best interest of the City of Milton.
19 (d) All residential subdivision streets shall be designed for a maximum of 25 miles per hour. The
20 director may require that subdivision streets that will not provide direct residential access be
21 designed for up to 35 miles per hour.
22 (e) Where streets are longer than 600 feet, traffic calming devices shall be incorporated to include
23 green space, islands, residential roundabouts, or other traffic calming devices as approved by the
24 director. Where traffic calming devices such as speed bumps are used, they shall not exceed six
25 inches in height. The minimum distance between individual devices shall not be less than 500 feet,
26 and shall not be more than 900 feet. All services must conform to the city's design standards.
27 ( Ord. No. 17-04-314, § 1, 4-24-2017)
28 Sec. 50-161. - Gated communities.
29 Gates installed in subdivisions with more than one lot shall comply with the following:
W
1 (1) Plan approval and a permit shall be obtained prior to installing of any gates. The permit fee
2 shall be calculated in accordance with applicable building permit fees. Gates shall not prohibit
3 public access to dedicated areas as defined within these regulations.
4 (2) No gate shall be installed within the city's right-of-way.
5 (3) The gate shall not create a dead end street without first installing a cul-de-sac conforming to
6 the city's standards on a dead-end street exceeding 250 feet in length.
7 (4) Gates shall provide for stacking distance, turnaround and emergency vehicle access as
8 required by the city.
9 (5) Gate permits may be denied based on traffic conditions, interconnectivity needs, and when not
10 in compliance with adopted guidelines.
11 ( Ord. No. 17-04-314, § 1, 4-24-2017)
12 Secs. 50-162-50-180. - Reserved.
13 ARTICLE VII. - REQUIRED IMPROVEMENTS
14 Sec. 50-181. - Utility improvements required by this article.
15 Every subdivider shall be required to install or have installed the appropriate public utility and
16 improvements referred to in this article as found in the following documents:
17 (1) Department of Public Works: Standard Plans.
18 (2) Fulton County Comprehensive Storm Drainage and Criteria Manual.
19 (3) Sewer Regulations of Fulton County.
20 (4) City of Milton Tree Preservation Ordinance.
21 (5) Utility Accommodation: Guidelines and Procedures.
22 ( Ord. No. 17-04-314, § 1, 4-24-2017)
23 Sec. 50-182. - Streets.
24 (a) Grading. The required improvements for street grading shall be as follows:
25 (1) All street rights-of-way shall be cleared and graded to standards of the public works
26 department.
27 (2) Finished grades shall be at levels approved in accordance with the standard plans.
30
1 (3) When property adjacent to the street is not owned by the subdivider, he or she shall obtain the
2 necessary easements of sloping banks before submitting for a land disturbance permit (LDP).
3 (b) Street paving/striping. The required improvements for street paving/striping shall be as follows:
4 (1) All street paving widths shall be in conformance with standards set forth in article VI.
5 (2) Street pavement shall be installed according to standards adopted by the mayor and city
6 council.
7 (3) Striping shall be installed according to standards adopted by the mayor and city council.
8 (4) On all roads adjacent to a development, the adjacent lane of the road must be widened to
9 provide a 12 -foot lane. The road must be milled and repaved throughout the subdivision
10 frontage and along the roadway improvements, whichever is greater. The road must either be
11 resurfaced from edge to edge, or it must be milled and repaved to the centerline. No more than
12 one inch vertical drop may be allowed at the pavement/gutterjoint and a maximum of six inches
13 of exposed curb must be retained.
14 (5) No striping should be provided on subdivision streets designed for 25 miles per hour, except for
15 stop bars and 50 feet of double yellow centerlines, to be located at each entrance to the
16 subdivision.
17 (c) Curbs and gutters. The required improvements for curbs and gutters shall be as follows:
18 (1) Curbs and gutters shall be installed on all streets except noted herein. Installations shall be in
19 accordance with standards adopted by the mayor and city council.
20 (2) Curbs and gutters shall be of a straight or standard construction on one or both sides where
21 sidewalks are required.
22 (3) Curbs and gutters may be waived by the director if the sidewalk along the same portion of the
23 roadway is set back a minimum of 12 feet from the edge of pavement and drainage is
24 adequately addressed. Setbacks greater than 12 feet may be required by the director.
25 (d) Sidewalks. The required improvements for sidewalks shall be as follows:
26 (1) Introduction.
27 a. Purpose. The objective is to provide facilities that ensure safe pedestrian movement in the city
28 b. Intent. Sidewalks are intended to provide a safe pedestrian connection between the
29 subdivision/development and nearby destinations. Pedestrians consist of children walking to
30 and from school and neighborhood activities, as well as adults walking to and from
31 neighborhood shopping and transit stops. In addition to the need for sidewalks for circulation
32 and safety, sidewalks can be important elements in the recreational system of this community.
33 They can also serve as walking and hiking trails.
31
1 (2) Performance approach.
2 a. Performance factors. The performance approach shall be applied in determining the need
3 for sidewalks. In this case, the decision to require a development to provide sidewalks shall
4 be made on a case-by-case basis.
5 b. Several basic factors shall be used in applying the performance approach. These are street
6 classification and current/potential future volume of pedestrian traffic; residential land
7 use/development density; relation to residential areas; proximity of schools, school bus
8 stops, shopping areas; and proximity of parks, libraries, bike paths/pedestrian trails,
9 greenspace corridors, and other land uses, zoning overlay districts or form based code
10 areas.
11 1. Street classification and volume of pedestrian traffic. As traffic volume and road
12 speeds increase, there is more need for separate pedestrian ways to ascertain safety.
13 Sidewalks shall be provided along local streets, collectors, arterials, and private roads
14 according to the density standards in subsection (d)(2)b.2. of this section.
15 2. Residential land use and development density.
16 (i) Sidewalks shall be provided along both sides of all local streets where the
17 residential land use designation in the comprehensive plan is three units/acre or
18 higher density.
19 (ii) Sidewalks shall be provided along at least one side of all local streets where the
20 residential land use designation in the comprehensive plan is one to two
21 units/acre. Residential land use designation of one unit or less shall be decided
22 on a case-by-case basis using the other factors contained in subsection (d)(2)b.
23 of this section.
24 3. Relation to residential areas. In general, sidewalks are intended to be within the street
25 right-of-way. This traditional location of sidewalks may be replaced in cluster
26 developments by a flexible pedestrian circulation system. Such a system would
27 connect individual dwelling units with other units, off-street parking, open space
28 systems, and recreational facilities. Also, this system may be permitted to meander
29 through the development within prescribed sidewalk easements. If the sidewalk
30 leaves the right-of-way, an easement and indemnification agreement must be
31 provided for public access and maintenance.
32 4. Schools, active parks, zoning overlay districts or from based code districts.
33 (i) Sidewalks shall be required in subdivisions located within one-half mile of an
34 existing or proposed school or active park on both sides of any street that
32
1 provides access to such school or active park. Minor plats may be exempted
2 from the requirement to provide sidewalks internal to the subdivision if the
3 Community Development Director determines that the public health, safety and
4 welfare is protected and such exemption would be in the best interest of the City
5 of Milton. Subdivisions at each side of the street shall provide sidewalks along
6 the corresponding frontage in accordance with Chapter 48, Section 562.
7 (ii) Sidewalks shall be provided where required within all zoning overlay districts and
8 form based code districts as may be specified within those regulations.
9 5. Sidewalks are needed in areas where the following nonresidential land use
10 designations exist:
11 (i) Sidewalks shall be required along both sides of all streets in commercial, living -
12 working, and business park land use designation areas.
13 (ii) Sidewalks may be required in industrial subdivisions.
14 (iii) Sidewalks may be required within a distance of up to one mile along both sides
15 of the streets leading to or going through places of public assembly/transit
16 facilities/other congested areas and other similar places deemed proper by the
17 director of community development for public necessity and safety.
18 6. Relation to established pattern of sidewalks. Notwithstanding the locational
19 requirement for sidewalks in subsection (d)(2) of this section, their future location
20 should follow the already established pattern of existing sidewalks (e.g., on one side
21 of the street, on both sides, etc.).
22 (3) General specifications.
23 a. Sidewalks shall be provided by the subdivider at no cost to the city.
24 b. Sidewalks shall have a minimum width of five feet indicated by a note on the preliminary
25 plat.
26 c. Sidewalks along roadways shall not be adjacent to street curbs without a minimum two -foot
27 landscape strip.
28 d. For nonresidential developments, sidewalks shall be a minimum of six feet wide.
29 e. Sidewalks must be provided on or adjacent to an individual lot prior to the issuance of a
30 certificate of occupancy.
31 f. Prior to the recording of the final plat, 125 percent of the cost of the internal sidewalks for
32 any residential subdivision must be performance bonded. This bond will be released when
33 all sidewalks internal to the development have been constructed and approved. All
33
1 required sidewalks must be provided internal to any residential subdivision within two years
2 of the recording of the final plat, otherwise, the bond is forfeited and the city will use the
3 funds to complete the sidewalk construction.
4 (4) Review guidelines. The director of community development may issue guidelines to facilitate
5 the application of the performance-based approach of subsection (d)(2) of this section including,
6 but not limited to, a point system. The intent is to ascertain fairness and consistency in the
7 application of this section.
8 (5) Exception. When the developer requests to install (within a development) sidewalks that are
9 not required by this chapter and at no cost to the city, the director of community development
10 may approve a reduction to a minimum width of four feet.
11 (e) Street trees. The required improvements for street trees shall be as follows:
12 (1) Street trees and other shrubbery that may be retained or planted shall not obstruct sight
13 distances and shall be subject to the director's approval.
14 (2) Street trees that may be required by the director along the street shall be of a species
15 approved as street trees in accordance with section 50-160.
16 ( Ord. No. 17-04-314, § 1, 4-24-2017)
17 Sec. 50-183. - Water supply.
18 (a) Where a public water supply is within 300 feet, the subdivider shall install or have installed a system
19 of water mains and connect to such supply. The installation of mains and connections to each lot
20 shall be installed prior to the paving of the street, if possible. The installation shall include services
21 and meter boxes if it is connected to the North Fulton Water System.
22 (b) Where a public water supply is not available, each lot in a subdivision shall be furnished with a
23 water supply system approved by the health department.
24 (c) A separate water service connection shall be provided for each residential unit. Meters shall be
25 located as specified by the utility company.
26 (d) Fire hydrants shall be located and set in accordance with Fulton County and the City of Milton
27 Standard Plans, where applicable. In addition, the fire hydrants shall be serviced by the following:
28 (1) Not less than an eight -inch diameter main if the system is looped.
29 (2) Not less than an eight -inch diameter main if the system is not looped or the fire hydrant is
30 installed on a dead-end main exceeding 300 feet in length. Automatic flushing valves may be
31 required by Fulton County.
34
1 (e) When required by the public works department, a reuse water irrigation distribution system to each
2 lot shall be installed. This system shall consist of an eight -inch diameter ductile iron pipe identified as
3 "nonpotable water," painted purple in accordance with standard pipe identification schedules, and
4 installed on the south or east shoulder of the right-of-way limit. All pipes and appurtenances must be
5 in accordance with the Fulton County Water Reuse Standards. Each property owner requesting an
6 irrigation meter shall connect to the reuse water main, if activated.
7 (f) If a subdivision is replatted and the originally platted lots' configuration is changed after the water
8 service lines have been installed, the water system shall be modified to properly serve each lot in
9 accordance with the Fulton County water specifications.
10 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
11 Sec. 50-184. - Sanitary sewerage system management.
12 (a) When public sanitary sewers are within 300 feet of the subdivision, the subdivider shall provide
13 sanitary sewer services to each lot within the bounds of the subdivision. All street sewers serving lots
14 in the subdivision shall be installed by the subdivider. A formula may be developed by the public
15 works department to provide for a sharing of the costs of sewerage facilities needed to serve the
16 subdivision and other subdivisions in the same drainage basin.
17 (b) When, in the written opinion of the health and wellness department and the public works
18 department, a public sanitary sewer is not accessible, an alternate method of sewage disposal for
19 each lot or a community sewerage disposal system may be used, when in compliance with the
20 standards of the health and wellness department and the Fulton County sewerage regulations.
21 (c) When the operation of a temporary sanitary sewerage system requires land to be set aside for a
22 disposal plant, the property owner shall give the county title to the property for as long as the plant is
23 in operation. The title may carry a reversionary clause returning the property to the owner when the
24 site is no longer necessary for the operation of the plant.
25
26
27
28
29
30
31
32
33
(d) In a drainage basin, which at the time of plat application is scheduled for a public sewerage system,
all subdivisions shall be provided with a temporary community sewerage disposal system as
approved by the public works department and the health and wellness department. The system shall
include permanent sewerage outfall lines, plus a temporary treatment plant to be installed by the
subdivider.
(e) Whenever the installation of a sanitary sewer is required, as provided by these rules and
regulations, no new street shall be paved without the sewer being first installed in accordance with
the requirements of the sewer specifications of the city's public works department and the Fulton
County sewerage regulations.
35
1 (f) If a subdivision is replatted and the originally platted lots configuration is changed after the sewer
2 service lines have been installed, the sewer system shall be modified to properly serve each lot in
3 accordance with Fulton County sewer specifications.
4 ( Ord. No. 17-04-314, § 1, 4-24-2017)
5 Sec. 50-185. - Stormwater provisions.
6 (a) Stormwater management. Engineering and construction on any land within the city shall be carried
7 out in a manner as to maintain water quality and rate of runoff to protect neighboring persons and
8 property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion, or
9 deposition upon private property or public streets of water -transported silt and debris.
10 (1) Proper drainage plans shall be submitted for review by the department. These plans shall be
11 prepared by a professional engineer or landscape architect, currently registered to practice in
12 the state, with stamp affixed.
13 (2) The plans shall be accompanied by profiles of natural and proposed drainageways, including:
14 a. Storm pipes;
15 b. Cross sections;
16 c. Drainage swales; and
17 d. Downstream analysis.
18 (b) Design for stormwater management.
19
(1)
Grading and drainage plans required by this section must be accompanied by a hydrology
20
studythat complies with the stormwater management ordinance.
21
(2)
The purpose of the hydrology study is as follows:
22
a. Identify the surface water runoff quantity, quality and rate;
23
b. Establish runoff management control requirements for the development;
24
C. Furnish all design calculations for the management control facilities, surface water
25
conveyance systems (before and after development runoff); and
26
d. Furnish design calculations for the volume of storage required.
27
(3)
A schedule indicating the timing for planting or mulching for temporary or permanent ground
28
cover shall be submitted with these grading and drainage plans.
29
(4)
Erosion control devices must be installed prior to the initiation of grading and construction; the
30
engineer must state this requirement on the engineering drawings.
36
1 (5) In order to ensure full compliance with the approved construction plans, final plat approval will
2 be withheld until "as -built" drawings, prepared by a professional engineer or landscape architect
3 currently registered in the state, have been submitted and approved by the department in
4 accordance with section 50-93. No occupancy permit shall be issued until released by the
5 department.
6 (6) The owner shall be responsible for the maintenance of the storm drainage facilities during
7 grading and construction, and for a 15 -month period following final plat approval. Maintenance
8 will be construed to include preserving the enclosing walls or impounding embankment of the
9 detention basin and permanent sedimentation ponds and security fences, in good conditions;
10 ensuring structural soundness, functional adequacy, and freedom from sediment of all drainage
11 structures; and rectifying any unforeseen erosion problems.
12 (c) Detention/retention design.
13 (1) General provisions.
14 a. Installation of properly functioning detention facilities, including outflow control devices,
15 shall be the responsibility of the owner. If any control devices are damaged or destroyed
16 during grading or construction, all processes shall cease until such devices are restored to
17 their functioning capability. The owner, through application for grading or construction
18 permits, accepts the responsibility of maintenance of the control devices.
19 b. When serving more than three lots, detention ponds, retention ponds, and water quality
20 features (including all required access easements, landscape strips, and fences) shall be
21 located on a separate parcel where no home can be constructed. This parcel shall be
22 owned and maintained by the homeowners' association or the owners of the lots being
23 served by this pond. The parcel shall have a minimum f 20 -foot -wide continuous access to
24 a public or private road in a manner that allows access and maintenance of this parcel. In
25 addition, this parcel will not be required to meet the normal lot standard.
26 (2) Layout design standards. The ponds layout shall provide for the following minimums:
27 a. Twenty -foot graded access easement;
28 b. Twenty -foot landscape strip for screening purposes;
29 c. Ten -foot access easement for maintenance; and
30 d. Six -foot -high fence.
31 (3) Alternative design standards. Applicants are encouraged to carry out innovative
32 detention/retention layout that is intended to make such facilities an attractive amenity or focal
33 point to the subdivision. To achieve that, the director may approve the following alternative
34 design standards in lieu of those in subsections (c)(1) and (c)(2) of this section:
37
1 a. Such alternative design should provide for attractive layout and means for
2 detaining/retaining/moving water.
3 b. The design should follow the natural land forms around the perimeter of the basin. The
4 basin should be shaped to emulate a naturally formed depression.
5 C. Redistributing soils from basin construction to create natural landforms around the
6 perimeter of the basin is encouraged. These forms should be located strategically to filter
7 views or redirect and soften the views from residential areas.
8 d. Side slopes of basins must not exceed one -foot vertical for every four -foot horizontal.
9 Where possible, side slopes should be varied to imitate natural conditions. Associated
10 natural landforms should have side slopes no greater than one -foot vertical for every three -
11 foot horizontal to accommodate lawn maintenance equipment. Varied slopes will be
12 encouraged.
13 e. The applicant should consider the use of plant materials that naturally grow in the area.
14 Trees and shrubs should be grouped in informal patterns to emulate the natural
15 environment. The intent is to soften the views of these basins.
16 (4) Design guidelines. The director may issue design guidelines illustrating details of the standards
17 in subsection (c)(3) of this section.
18 (d) Storm drain system stencilinglidentification.
19 (1) All residential subdivision and commercial entity storm drainage structures or facilities (e.g.,
20 catch basins, storm sewer inlets, culverts, impoundment facilities, manholes, and other facilities
21 that convey stormwater runoffs) shall be properly identified.
22 (2) Each drainage structure shall be identified with the use of durable and reusable Mylar stencils
23 (stencils will not be provided by the county) that measure 20 inches by 30 inches with two-inch
24 lettering and an environmentally formulated, water base, but soluble striping paint (color blue).
25 The message on the stencil shall read:
26 "DUMP NO WASTE"
27 (Picture of a trout)
28 "DRAINS TO STREAM"
29 (e) Sanitary and storm sewer easement.
30 (1) All permanent easements shall be 20 feet in width. When access for maintenance purposes is
31 required, the maximum longitudinal slope along the easement shall be 30 percent at grade in
32 the steepest direction.
38
_ 1 (2) No fill shall be placed on a sanitary or storm sewer easement without approval by the public
2 works director. All sanitary manholes must extend to the ground surface. All easements
3 terminating on a parcel shall extend to the property line.
4 (3) No retaining wall, building, pole, sign or other vertical structure shall be constructed in sanitary
5 and storm sewer easements, including vehicular access easements around structures, without
6 approval from the public works director. No fence shall be placed across sanitary or storm
7 sewer easements without gates to which the public works department has full access. No
8 planting shall take place in a sanitary or storm sewer easement that will impede vehicular
9 access along the easement or endanger the pipeline. No surface water shall be impounded on
10 a sanitary sewer easement. No other pipeline or utility shall be placed in a sanitary or storm
11 sewer easement without approval by the public works director.
12 (4) Each lot or parcel of land in a subdivision shall have a separate sewer connection terminating
13 at the easement limit or right-of-way limit with a vertical cleanout pipe. No connection of the
14 public sewerage system shall be made except at a sewer connection approved by the public
15 works director.
16 (5) No surface water, groundwater, storm drain, gutter, downspout, or other conveyance of surface
17 water or groundwater shall be discharged into the sanitary sewer.
18 ( Ord. No. 17-04-314, § 1, 4-24-2017)
19 Sec. 50-186. - Plans and construction.
20 (a) No sanitary sewer shall be accepted by the county without an "as -built" drawing showing the
21 horizontal and vertical alignment of the sewer system, the locations of all manholes, sewer
22 connections, piping materials, required easement limits and junctions, and property lines. This
23 should be provided in the form of plans, profiles, and plats; when possible, an electronic copy of the
24 required data, compatible with the city's geographical information system (GIS), should be submitted.
25 (b) No storm sewer shall be accepted by the city without an "as -built" drawing showing the horizontal
26 and vertical alignment of the sewer system; the locations of all manholes, junctions, detention ponds,
27 retention ponds, and sewer system outfalls discharging into ditches or creeks; sewer connections,
28 piping materials, required easement limits; and property lines. This information shall be provided in
29 the form of plans, profiles, details, sections and plats and, when possible, in an electronic form
30 compatible with the city's geographical information system (GIS) and the applicable department of
31 public works' database.
32 (c) In the case of single-family residential subdivisions, by written application, the owner may request
33 that the city assume partial maintenance responsibility of drainage facilities, effective after the
39
I expiration of the initial maintenance 15 months. Within 60 days after receipt of such application, the
2 director shall respond in writing to the owner/applicant. Such response shall set forth additional terms
3 and conditions for acceptance. However, maintenance by the city shall be limited to ensuring the
4 functional adequacy of such drainage structures. The maintenance responsibility shall remain
5 partially with the homeowners' association unless and until, and only to the extent that, the
6 homeowners' association is expressly relieved of such responsibility pursuant to and in accordance
7 with a written instrument signed by the director. Appropriate easements shall be executed and
8 recorded pursuant to this subsection. For all other types of development, responsibility for
9 maintenance of storm sewer system and detention ponds including, but not limited to, periodic silt
10 removal to maintain functional integrity, will remain the owner's responsibility. Maintenance
11 responsibility shall constitute an obligation running with the land and shall be binding upon the
12 owner's executors, administrators, heirs, successors, and successors -in -title. The owner/developer
13 shall provide stabilization, including vegetation, and installation of security fences for safety purposes
14 at detention facilities, as prescribed, prior to approval of the final plat by the director.
15 (d) Any single-family detached home which involves less than 10,000 square feet of cleared area, or all
16 impervious surface areas combined, shall be exempted from the provisions of a hydrology study. In
17 no such case, however, shall grading involve over 25 percent of the total land area. (e) All
18 engineering and construction, regardless of whether such engineering or construction is being
19 accomplished on public land or on public easements, shall meet the minimum requirements of these
20 regulations.
21 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
22 Sec. 50-187. - Monuments and iron pipes.
23 (a) Permanent monuments shall be accurately set and established to tie with the county GIS
24 monuments or as required by the director.
25 (b) The monuments shall consist of two, two-inch iron pipes, 16 inches in length, or T bars, 24 inches in
26 length, or other approved materials. The monuments shall be set so that the top of the pipe shall be
27 six inches above the ground level, unless otherwise approved by the public works department.
28 (c) The accurate location, material, and size of all existing monuments shall be shown, on the final plat,
29 as well as the future location of monuments to be placed after street improvements have been
30 completed.
31 (d) Iron pipes at least one-half inch by 16 inches shall be used and shall be set two inches above the
32 finished grade.
40
—.._ 1 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
2 Sec. 50-188. - Underground utilities.
3 (a) All existing and proposed utilities, including all electrical, telephone, television and other
4 communication lines, both main and service connections, serving or having capacity of 69 KV or
5 less, abutting or located within a requested land disturbance area, shall be installed under ground in
6 a manner approved by the applicable utility provider and in compliance with the city's right-of-way
7 and erosion control regulations, if applicable.
8 (b) Lots that abut existing easements or public rights-of-way, where overhead electrical or telephone
9 distribution supply lines and service connections have previously been installed, may be supplied
10 with electric and telephone service from those overhead lines, but the service connections from the
11 utilities' overhead lines shall be installed underground. Should a road widening or an extension of
12 service, or other such conditions, occur as a result of the subdivision and necessitate the
13 replacement or relocation of such utilities, such replacement or relocation shall be under ground.
14 (c) Contractors or developers of subdivisions shall:
15 (1) Submit drawings of the subdivision layout showing locations of underground electrical cable,
16 transformers, and other related fixtures, in accordance with the standard plans. These drawings
17 must be approved by the city before installation of the underground utility and before a building
18 permit can be issued.
19 (2) Pay all cost for poles, fixtures, or any related items of materials necessary for the installation to
20 the utility company.
21 (3) Submit proof of payment for complete installation.
22 (4) Have an agreement with the appropriate power company for complete maintenance of all
23 installations and provide proof of payment.
24 (d) Streetlights and pedestrian lighting.
25 (1) Streetlights and pedestrian lights shall be provided by the developers of all new subdivisions,
26 except land subdivided under the provisions of a minor plat. All subdivisions shall be required to
27 install street lights where those street lights are required along the frontage of a property based
28 on the requirements of the zoning district. At the time of, and as a requirement of, submission of
29 a final plat, the developer shall:
30 a. Submit a drawing of the subdivision's layout showing locations of streetlights and required
31 pedestrian lights. This drawing must be approved by the director prior to obtaining any
32 building permit within the subdivision. The layout shall be shown on the land disturbance
41
1 permit. Fixtures and standards/poles installed or used shall be approved by the city and by
2 the utility company which shall be responsible for the maintenance of the facilities.
3 1. Streetlight fixtures shall be mounted 30 feet above the ground and shall have
4 appropriate arm length to place the light over the street. No arm shall be less than five
5 feet long. Post -top luminaries may be permitted when approved by the city, providing
6 same are in compliance with the requirements of the zoning ordinance (chapter 64).
7 Fixtures shall be located no more than 300 feet apart and at least one light shall be
8 located at each street intersection within the subdivision. When a subdivision is
9 located in a zoning overlay district, light standards shall comply with the requirements
10 of the overlay district.
11 2. Pedestrian lights shall be installed as required by the overlay district or the specific
12 zoning case.
13 b. Pay all costs for standards/poles, fixtures and any other related items or material
14 necessary for installation.
15 c. Submit proof of payment for complete installation to the director.
16 d. Submit a copy of an executed agreement with the utility company for complete
17 maintenance of all installations.
18 (2) When street lighting is requested by existing residents, these residents shall:
19 a. Submit a petition to the public works department from the residents affected showing a 90-
20 percent support for the request. The affected residents shall be all residents whose
21 properties are located, in whole or in part, within 150 feet of a proposed streetlight.
22 b. The request to the city for streetlights shall include a sketch indicating the individual
23 location of lights within the subdivision, along with the residential location of each signatory
24 to the petition.
25 c. If standards/poles within the subdivision for the placement of these lights do not exist, or do
26 not meet utility company requirements, it shall be the petitioners' responsibility to have
27 these standards/poles placed prior to installation of the streetlights, at their cost.
28 Installation of poles within the county's right-of-way shall be subject to the approval of the
29 public works director. The streetlight fixtures are to be installed at the expense of the
30 petitioners.
31 (3) When each of the applicable items in subsection (c) of this section has been completed, the
32 City of Milton shall:
42
1 a. Assume maintenance responsibility and make the monthly payments to the utility company
2 for electrical energy for each streetlight when at least 50 percent of the dwelling units in the
3 subdivision have been occupied.
4 b. Pay only the current monthly negotiated amount for electrical energy for each streetlight.
5 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
6 Secs. 50-189-50-207. - Reserved.
7 ARTICLE VIII. - FEES
8 Sec. 50-208. - Required with submission of application.
9 Every application for a preliminary plat, final plat, or other plat submitted pursuant to these
10 regulations shall be submitted to the director along with such fees as may be established from time to
11 time by the mayor and city council. Failure to pay such fees as required shall cause the plat to be
12 returned to the applicant, without acceptance for review or consideration by the city.
13 ( Ord. No. 17-04-314, § 1, 4-24-2017)
14 Sec. 50-209. - Fees associated with preliminary plat.
15 Following the approval of a preliminary plat and prior to authorization to begin construction, the
16 developer shall pay the required inspection, water and sewer connection, curb cut, and street sign fees as
17 may be established from time to time by the mayor and city council.
18 ( Ord. No. 17-04-314 , § 1, 4-24-2017)
19 Sec. 50-210. - Bond costs associated with final plat approval.
20 Prior to approval of a final plat and as a prerequisite for acceptance of any such final plat, the
21 developer shall provide such performance bonds, maintenance bonds, or cash assurances as required by
22 these regulations and as established from time to time by the mayor and city council.
23 ( Ord. No. 17-04-314, § 1, 4-24-2017)
24 Secs. 50-211-50-229. - Reserved.
25 ARTICLE IX. - ADMINISTRATION AND ENFORCEMENT
43
--- 1 Sec. 50-230. - Authority of director.
2 These subdivision regulations shall be administered and enforced by the director of community
3 development.
4 ( Ord. No. 17-04-314, § 1, 4-24-2017)
5 Sec. 50-231. - Denial; appeal procedure for preliminary plat.
6 Should the director deny a preliminary plat, a written explanation shall be provided to the subdivider
7 stating the basis for the denial. Within 30 days of the date of said written explanation, the owner of record
8 or the subdivider may file with the community development department a letter appealing the decision
9 which, together with a report from the director, shall be forwarded to the mayor and city council for
10 consideration pursuant to article 22 of chapter 64.
11 ( Ord. No. 17-04-314, § 1, 4-24-2017)
12 Sec. 50-232. - Denial; appeal procedure for final plat.
13 Should the director or city council deny any final plat, a written explanation shall be provided stating
14 the basis for the denial. The owner of record or the subdivider may file a writ of certiorari filed with the
15 Superior Court of Fulton County within 30 days of the date of the mayor and city council's decision.
16 ( Ord. No. 17-04-314, § 1, 4-24-2017)
17 Sec. 50-233. - Denial; appeal for directors review comments or minor plat.
18 (a) Should an applicant disagree with the director's review comments with respect to or denial of a
19 minor plat, concluding factual or interpretive errors have been made, the following appeal procedure
20 is intended to resolve the issues:
21 (1) Submit to the director within 30 days of the comments at issue, a letter clearly defining the
22 nature of the disagreement, the specific reference to the article of this chapter at issue, and the
23 applicant's opinion.
24 (2) The director shall submit the request to the technical staff review committee. The technical staff
25 review committee shall be selected by the director and formed from the appropriate
26 departments' staff, relative to the subject appeal.
27 (3) The technical staff review committee shall provide comments and a written recommendation to
28 the director within ten working days.
44
1 (4) Should the director, after review of the applicant's statement and the recommendation of the
2 technical staff review committee, conclude that these provisions would not be violated, the
3 director shall modify his or her comments accordingly.
4 (5) Should the director conclude that these regulations would be violated, the director shall provide
5 the applicant with a written letter of denial and advise the applicant of the appeal process to the
6 board of zoning appeals.
7 (6) The board of zoning appeals shall, after receiving a report from the director, decide the issue.
8 The decision shall constitute the final administrative appeal.
9 ( Ord. No. 17-04-314, § 1, 4-24-2017)
10 Sec. 50-234. - Appeal hearing; variance to design standards (article VI) and required improvements
11 (article VII).
12 The of board of zoning appeals may issue a variance to the provisions of articles VI and VII of this
13 chapter in accordance with the procedures for primary variances described in chapter 64. The board of
14 zoning appeals shall base its decision on hardships as described in chapter 64.
15 ( Ord. No. 17-04-314, § 1, 4-24-2017)
45