HomeMy WebLinkAboutRESOLUTION NO 16 04 370ST ATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 16-04-370
A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING AN
EMERGENCY MORATORIUM FOR 30 DAYS TO BAR THE ACCEPTANCE OF
APPLICATIONS FOR PERMITS AUTHORIZING THE USE OF
COMMUNITY SEWERAGE DISPOSAL SYSTEMS
WHEREAS, Section 1.12, paragraphs (b)(4), (9), (13) and (15), of the Charter of the City of
Milton, Georgia ("City") empowers the City to regulate sanitary sewerage systems within the City
limits; and
WHEREAS, Section 50-184(b), of the Code of the City of Milton authorizes the use, in some
cases, of a "community sewerage disposal system" when such systems are in compliance with the
standards of Fulton County sewerage regulations; and
WHEREAS, the City has received public comments regarding the potential adverse impacts on
the safety, health and general welfare of the City and its inhabitants resulting from the use of
community sewerage disposal systems; and
WHEREAS, the City is likewise mindful that there are professionals in the sewerage industry who
contend that community sewerage disposal systems are a safe and low cost sewage disposal
treatment product;
WHEREAS, the City rules regarding community sewerage disposal systems are holdover
regulations from ordinances implemented by Fulton County;
WHEREAS, the City of Milton has not prepared regulations or ordinances regarding community
sewerage that are tailored to the City of Milton or that capture the unique character of the City;
WHEREAS, the City intends to consider amendments to Section 50-184 that will address those
concerns expressed about community sewerage disposal systems and that otherwise will ensure
the City's community sewerage disposal regulations are in line with the Council's vision and needs
for the City;
WHEREAS, while the City is undergoing this review and re-drafting process, the City believes it
both appropriate and lawful for a temporary moratorium to be placed on any application, request,
or proposal to develop, use, or construct a community sewerage disposal system within the
jurisdictional boundary of Milton;
WHEREAS, the City finds that Chapter 50 of the Code of the City of Mi I ton does not distinguish
between zones or districts within the City, but applies to the territory of the City as a whole, such
that the notice requirements of the Georgia Zoning Procedures Law ("ZPL") are inapplicable to
this moratorium and, in the alternative, the Georgia Supreme Court has held that a moratorium
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with respect to application of a zoning ordinance may be put in place for a reasonable period of
time without the necessity of complying with the notice requirements of the ZPL; and
WHEREAS, the City finds a moratorium barring for 30 days the acceptance of applications for
permits, requests, or proposals for the use or construction of community sewerage disposal systems
to be reasonably necessary, the least restrictive means available, a reasonable exercise of the City's
police power, and in the best interests of the public health, safety, and welfare.
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MILTON, GEORGIA that:
1.
2.
3.
4.
The City does hereby enact a moratorium to bar the acceptance of applications for
permits, requests, or proposals for the development, use or construction of
community sewerage disposal systems for 30 days in order to consider a longer
moratorium after a public hearing and to consider the amendment of Section 50-
184 of the Code of the City of Milton, Georgia.
The moratorium imposed by this Resolution shall terminate on the earliest date of
( 1) 30 days from the date of adoption of this Resolution ; (2) approval by the City
Council of an additional moratorium after a public hearing; (3) affirmative action
of the Council cancelling the moratorium, or (4) the adoption of an amendment to
Section 50-184 ofthe Code ofthe City of Milton, Georgia.
The moratorium imposed herein does not limit the ability of property owners to
develop their land as currently zoned or permitted, except that no proposal, request,
or application to develop, use, or construct a community sewerage disposal system
shall be accepted.
This moratorium shall have no effect on any application, request, or proposal
already pending with the City regarding a community sewerage disposal system.
This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor
of the City of Milton, Georgia.
SO RESOLVED, the public's health, safety, and welfare demanding it, this 11th day of April,
2016.
Joe Lockwood , Mayor
Attest:
Sudie Gordon, City
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