HomeMy WebLinkAboutRESOLUTION NO 16 08 376STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 16-08-376
A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING THROUGH
OCTOBER 2, 2016, AN EXISTING MORATORIUM BARRING 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-l 84(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; and
WHEREAS, the City is mindful that community sewerage disposal systems have been used
successfully in Milton, in Georgia, and throughout the United States for many years; and
WHEREAS, the City rules regarding community sewerage disposal systems are holdover
regulations from ordinances implemented by Fulton County; and
WHEREAS, the City has not prepared regulations or ordinances regarding community sewerage
that are tailored to the City or that capture the unique character of the City; and
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; and
WHEREAS, while the City is undergoing this review and re-drafting process, the City believes it
both appropriate and lawful for a 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 the City; and
WHEREAS, on April 11, 2016, pursuant to Resolution No. 16-04-370, the City Council imposed
a 30-day moratorium barring, the acceptance of applications for permits, requests, or proposals for
the use or construction of community sewerage disposal systems; and
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WHEREAS, on May 2, 2016, following a public hearing, the City Council passed Resolution No.
16-05-372, extending, until August 2, 2016, the moratorium barring 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;
WHEREAS, the City finds that further extending until October 2, 2016, the moratorium barring
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 extend the existing moratorium barring the acceptance of
applications for permits, requests, or proposals for the development, use or
construction of community sewerage disposal systems until October 2, 2016, in
order 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) October 2, 2016; (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 of the Code of
the 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 1st d y of August,
2016.
Attest:
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