HomeMy WebLinkAboutOrdinances 16-07-278 - 07/11/2016 - Amend Chapter 48STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 16-07-278
AN ORDINANCE OF THE CITY OF MILTON, GEORGIA TO AMEND CHAPTER 48
OF THE CODE OF THE CITY OF MILTON, GEORGIA - STREETS, SIDEWALKS
AND OTHER PUBLIC PLACES; TO PROVIDE FOR THE REPEAL OF
CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR
OTHER LAWFUL PURPOSES.
WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of
Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations
with respect to streets, sidewalks and other public places within the City of Milton for the
protection and preservation of the public health, safety and welfare of its citizens; and
WHEREAS, Chapter 48 of the City of Milton Code of Ordinances regulates streets,
sidewalks and other public places within the City of Milton; and
WHEREAS, the Mayor and Council have therefore determined that it is in the best interest
of the City's residents to amend Chapter 48 to modify the regulations, policies and methods for
acceptance, abandonment and privatization of roads, sidewalks, and right-of-way 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 11th day of July, 2016 at 6 p.m. as
'"" follows:
SECTION 1. That Chapter 48 of the City of Milton Code of Ordinances shall be stricken
it its entirety and replaced with the Ordinance attached hereto as if fully set forth herein.
SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith
are hereby repealed.
SECTION 3. This Ordinance shall become effective upon a majority vote by the City
Council as ratified by the Mayor of the City of Milton, Georgia..
SO ORDAINED this the 11th day of July, 2016, the public's health, safety, and welfare
demanding it.
Attest:
6S/ ? 7
Sudie Gordon, City Clerk
Approved:
Joe Lockwood .1
Page 1
Chapter 48 -STREETS , SIDEWALKS, AND OTHER PUBLIC PLACES
ARTICLE I. -IN GENERAL
Secs . 48-1--48-18 . -Reserved .
ARTICLE II. -STREET CONSTRUCTION AND MAINTENANCE
Sec . 48-19 . -Adoption of state construction standards .
The Georgia Department of Transportation Construction Specifications (GDOT) are hereby adopted
and approved as if fully set forth herein . The specifications appear at
http ://tomcat2 . dot. state . ga . us/thesou rce/specs/index . htm I.
Secs . 48-20--48-148 . -Reserved .
ARTICLE Ill. -RIGHT-OF-WAY MANAGEMENT
DIVISION 1. -GENERALLY
Secs . 48-149--48-167 . -Reserved .
DIVISION 2. -ABANDONMENT POLICY
Sec . 48-168 . -Methods .
(a) Roadway abandonment.
(1) Legal compliance .
a. Municipal streets belong to the general public . Since the control and general supervision of
municipal streets is conferred upon the city , the city holds those streets in trust for the
convenience and use of the public at large. It correspondingly becomes the city's duty to
keep them in a safe and suitable condition for the passage of persons and transportation of
commodities . The basic principles of law regarding streets are pronounced in at least two
cases , Jones , et al. v. City of Moultrie , et al., 196 Ga . 526 (1943); Accord : Soles v. City of
Vidalia , 92 Ga . App . 839 (1955):
A highway is a public way open and free to anyone who has occasion to pass along it on
foot or with any kind of vehicle. The streets of a city belong to the public , and are primar il y
for the use of the public in the ordinary way . The primary object of streets is for public
passage. They should be kept open and unobstructed for that purpose . The streets of the
Page 2
city are peculiarly within the police control for the purpose of preserving and protect ing their
use by the public as thoroughfares .
b. Roadway abandonment is governed by O .C.G.A. § 32-7-2(c):
When it is determined that a section of the municipal stree.t system has for any reason
ceased to be used by the public to the extent that no substantial public purpose is served by
it or that its removal from the municipal street system is otherwise in the best public interest ,
the municipality, by certification recorded in its minutes , accompanied by a plat or sketch ,
and after notice to property owners located thereon , may declare that section of street shall
no longer be a part of the municipal street system and the rights of the public in and to that
section of street as a public street shall cease . The property may be disposed of by the
municipality as provided in Code Section 32-7-4 .
(2) Procedure .
a. Abandonment is defined as the intentional and permanent relinquishment of claim and title
to real property that forms a segment of the City of Milton 's roadway network or was acqu ired
or held for future use as a portion of the roadway network .
b. Abandonment of a road or right-of-way requires that the city council make a finding of one
of the following with respect to the roadway in question :
1. That no substantial public purpose is served by it; or
2. That its removal from the municipal street system is in the best public interest.
c. Requests for abandonment of roads within the City of Milton roadway network shall be made
to the department of public works by a homeowner association (HOA) or, if no HOA exists ,
an individual or group of individuals whose property adjoins or is accessed by the publ ic
right-of-way be ing considered for abandonment (referred to herein as "applicant"). The
department of public works or the city council may initiate abandonment requests. In the
event the department of public works or the city council initiate an abandonment request,
only those procedural requirements set forth in pertinent state law shall be observed .
d. The applicant shall be required to submit documentation establishing the factual basis upon
which the request for abandonment is made . The applicant shall be required to provide all
necessary information demonstrating compliance with the requirements of this section and
all applicable state laws prior to the initial public hearing .
e. The department of public works will not support the abandonment of any road that connects
two or more collector roads without sufficient supporting documentation to demonstrate that
the abandonment will not negatively affect surrounding roadways . For the purposes of this
Page 3
policy, a collector road is defined as any road that the department of public works has given
a functional classification of collector or higher.
f. The abandonment of any street within the City of Milton roadway network should not be
inconsistent with any programmed capital projects and should otherwise conform to any
approved local , regional or state transportation plans and the City of Milton Comprehens ive
Plan . Approval by the director of public works and the director of community development is
required to indicate conformity .
g. Prior to the initial public hearing on abandonment , the applicant shall provide documentation
demonstrating contact and coordination with pertinent emergency service providers , utility
providers , Fulton County Schools , and the postmaster to ensure that said services can be
accommodated and that such vital public services will not be significantly impaired .
h. For applicant initiated abandonments , the City of Milton will accept input from the community
related to their support or opposition to an abandonment. For the purposes of this section ,
the "community" shall be defined as all of those owners whose property adjoins or whose
property is accessed by the right-of-way to be abandoned . Prior to the final public hearing
before the mayor and city council to consider an application for abandonment a completed
formal petition and all supporting forms and documentation shall be submitted to the
department of public works . The formal petition submitted on behalf of the community shall
comply with the minimum numerical standards set forth [in] Table 1.
Table 1. Required Percent Approval to Process Abandonment Petition
Number of Lots
Required%
Approval**
20 or less 100%
21-90 75%
91 or more 67%
I
**Note : Compliance with the required approval percentage rates is in no way determinative of the city's
intent to abandon any right-of-way . The required approval percentage is merely one component of the
process , state law considerations shall prevail.
Page4
i. All property owners in the community shall be contacted by the applicant via certified mail
prior to the initial public hearing . Notice must be mailed by the applicant to the community
members no less than 30 days prior to the initial public hearing date . In the case where a
community association has initiated the petition process no notification will be required for
any person who has previously signed the petition in favor of abandonment.
j . Each lot within the community shall be given an opportunity to sign a petition , expressing
their opinion in favor of or in opposition to the abandonment. Any abstention , nonresponse
or indication other than a "yes" by community members will be considered a "no ." Signatures
on the petition shall not be considered valid after a period of one year from the date of
signing .
k. Percentages will be calculated based on the number of lots expressing an affirmative or
"yes" vote in favor of the abandonment , divided by the total number of lots in the community .
Each lot counts as a single unit regardless of the number of owners signing . Where a
community has a homeowner association or other legal entity that is authorized to act on
behalf of its members and that may utilize percentages different than those in Table 1, such
a mechanism shall not replace the petition process .
I. Compliance with the application procedures is in no way determinative with respect to the
city's authority or decision to abandon a roadway. The city council shall retain full legislative
discretion to authorize or deny abandonment based upon controlling legal standards and
state law.
m . After the final public hearing and an affirmative action by the mayor and city council to
abandon any right-of-way , the right-of-way shall be disposed of in accordance with O.C.G.A.
§§ 32-7-3 , 32-7-4 , and 36-37-6 . The applicant will file a revised plat , legal description(s)
indicating the new dispensation of the property or any other required documentation . Any
expenses or fees incurred in the filing will be the sole responsibility of the applicant.
n. The applicant will grant the city , county or other utility permanent easements as may be
required for the entirety of the existing right-of-way , or as may be needed , at no cost as a
condition of abandonment prior to final dispensation of the property.
o. Any abandonment request that is denied by the mayor and city council may not be
resubmitted for a period of one year following the date of denial.
p. After abandonment , the right-of-way shall become privately owned and the city shall no
longer maintain the roadway or accept any liability for the roadway or any area within the
private right-of-way . Any maintenance , such as , but not limited to , resurfacing , stormwater
management, sinkhole repair , shall be the responsibility of the owner(s).
Page 5
q. Any access control , such as a gate , that the property owner(s) wish to install shall conform
in design and construction to all relevant city standards , regulations , and processes , and
must meet emergency access requirements . All access controls shall conform to city
standards as if it was newly constructed . Recent abandonment will not be accepted as a
justification for any exemptions or variances to these standards .
(3) Privatization . For the purposes of this section , privatization of a roadway shall mean the
abandonment of the right-of-way to a community for the purposes of converting a public road to
a pr ivate road while continuing to maintain access to the properties within the community . As a
condition of approval for the privatization of any right-of-way the community shall continue to
provide access to all properties previously served by the public road .
In addition to the criteria established for the abandonment of any right-of-way , as outlined in
subsections (a)(1) and (2), privatization shall meet the following requirements :
a. The department of public works will not support a request for privatization of any local road
that connects two or more collector roads without sufficient supporting documentation to
demonstrate that the abandonment will not negatively affect surrounding roadways . For the
purposes of this section , a local road is defined as those roads built as part of a platted
residential development.
b. The applicant for any privatization request shall be a homeowner association or other legal
entity established with the authority to act on behalf of all of the members of the defined
community . The applicant is required to meet all of the application requirements provided by
the city including the minimum percentage approval rates established for the formal petition
for abandonment prior to the final public hearing .
c. In the case of a road privatization the "community" shall be defined as all of those owners
whose property adjoins the right-of-way or whose sole access is provided by the right-of-way
to be abandoned or that may incur a financial obligation for the maintenance and
preservation of the right-of-way should the abandonment resolut ion be approved .
d . The applicant shall file financial statements reflecting assets similar to what is required for a
homeowner association to finance a line of credit for capital assets. This information will not
be made public to the fullest extent allowed by the Open Records Act and is only to insure
solvency and to further demonstrate that the applicant has the financial means to fund those
future costs associated with maintaining the asset.
e. It is hereby the expressed declaration of the governing authority of the City of Milton that
obtaining documented support from the community that an abandonment application is
supported by a certain percentage of those affected is a material , though not dispositive ,
Page 6
component in determ ining whethe r an abandonment serves the public interest. At the
request of the applicant , an application for abandonment under this section may delay
tendering formal petitions until such time as the council has adopted a resolut ion
conditionally approving an abandonment. Any such conditional abandonment shall be for
the express purpose of allowing the applicant sufficient time to secure all necessary formal
petitions with the knowledge that the counc il has exercised its discretion and prelim ina rily
sanctioned the abandonment. The resolution of conditional abandonment will expressly
prov ide that upon the applicant tender ing a formal petition meeting the percentage
requirements in subsect ion (a)(2 ), Table 1, the abandonment petition shall be placed upon
a future council consent agenda for final ratification of the abandonment. Upon approval of
a resolut ion of cond it ional abandonment , the applicant will be notified of same and will be
adv ised tha t submiss ion of a formal petition meeting the percentage requ irements in
subsection (a)(2), Table 1 will be the fina l step in the abandonment process prior to
placement on the consent agenda . The applicant will further be adv ised that the forma l
petit ion must be tendered to the council w ith in s ix months of the resolut ion of condit iona l
abandonment hav ing been approved , and that a failure to tender the petit ions w ithin th is
period shall result in the abandonment request being deemed withdrawn . The director of
public works may grant one extens ion of up to 90 days in his/her reasonable discret ion . The
above notwithstanding , at any point during the abandonment process up through and
inc luding the point when the abandonment becomes subject to ratification on the consent
agenda , the city council shall be authorized to exercise its discretion and determine that a
part icular abandonment does not se rve the public interest and thereby deny same .
f . Afte r the public hearing process and an affirmat ive action by the mayor and city counci l to
privatize any right-of-way , the right-of-way must remain private for a minimum of five years
before be ing elig ible to submit fo r public status again . If, after five years , a right-of-way is
submitted for public acceptance the road shall be required to meet the construction and
testing standards established by the City of Milton .
(4) Hearing process .
a. Once it has been determined that the initial application is complete and conforms to the
requirements of the City of Milton , the application will be placed on the city council agenda
for initial consideration . At that time , the council will determine whether to accept the
appl ication for further processing or to reject the applicat ion outright. Acceptance of the
application by the council does not constitute final approval of the application or the
abandonment of the public road or right-of-way , or any portion thereof. Upon a determ ination
by the mayor and city council to accept the appl ication for further process ing , the applicant
shall be duly notified. The applicant shall also be requ ired to pay all required fees and comply
Page 7
with the requirements of this article and applicable state law prior to the initial public hearing.
Any application that is not accepted for further processing by the council shall not be re-filed
for a period of one year from the date that the application was rejected .
b. Two public hearings shall be held before the mayor and city council; provided , however, the
second public hearing shall not occur on the same day as the first. However, if 100 percent
approval is obtained by the community prior to the initial public hearing , the second public
hearing will not be required .
c . If, after the final public hearing , the mayor and city council finds that no substantial public
purpose is served by the right-of-way or that the removal of the right-of-way from the
municipal street system is otherwise in the best public interest , it may approve a resolution
authorizing the abandonment of the public right-of-way . Such approval may be conditioned
on the submittal of a signed petition meeting the approval percentages provided in
subsection (a)(2}, Table 1. If the mayor and city council approve such a resolution then the
right-of-way shall be considered surplus property and disposed of in accordance with
O.C.G.A. §§ 32-7-3, 32-7-4 , and 36-37-6 .
Sec . 48-169 . -Construction .
(a ) The following regulations shall apply to any construction activity in the right-of-way :
(1 ) This article ;
(2 ) The GDOT details and specifications ;
(3) MUTCD guidelines ; and
(4) MSHTO guidelines .
(b) Construction activity in the right-of-way shall first comply with the following procedures :
(1) Permitted drawings must be approved first.
(2) A site initiation meeting with city inspectors is required .
(3) Obtaining a right-of-way encroachment permit within five days of ROW work is required, including
road closure.
Secs . 48-170-48-190 . -Reserved .
DIVISION 3. -RESERVED!lJ
Secs. 48-191-48-212 . -Reserved .
Page 8
DIVISION 4. -RESERVED RIGHT-OF-WAY POLICY
Sec . 48-213 . -Reference various city plans for detailed locations .
The following city plans shall be consulted for detailed locations of rights-of-way for projects planned
or programmed :
(1) The comprehensive land use plan ;
(2) The transportation master plan ;
(3) The capital improvement plan ; and
(4) The bike and pedestrian master plan .
Sec . 48-214 . -Reserved
Sec . 48-215. -Types of rights-of-way acceptable to the city .
As private developers submit plans in these corridors , the city shall require either:
(1) A reserved right-of-way on the plans and recorded ; or
(2) A fee simple free to the city at LOP permitting .
Such benefit will result in impact fee credits to the developer from the community development department
where those improvements are determined to be system improvements .
Secs . 48-216-48-234 . -Reserved .
ARTICLE IV. -TRAFFIC CALMINGQJ
DIVISION 1. -GENERALLY
Sec . 48-235 . -Policy ; introduction .
(a ) In order to enhance the quality of neighborhood life and the safety of the city's residents , the public
works department is establishing this traffic calming program . The goals of this program are:
(1) Reduction of traffic speed to a safe and appropriate limit.
(2) Encourage community participation.
(3) Encouragement and enhancement of pedestrian , bicycle , and transit systems .
(4) Limiting traffic calming to local residential streets .
(5) Ensuring emergency vehicle access .
Page 9
(6) Use of effective , efficient , economical , and environmentally sound traffic calming solutions.
(7) Multi-discipline input from engineers , planners , police , and fire .
(8) Continued monitoring of speeds , traffic volumes , and accidents .
(b) The public works department shall review applications submitted by neighborhoods , homeowners'
groups or homeowners ' associations ("applicants") for traffic calming measures in accordance with
this article and the City of Milton Traffic Calm ing Policy and Procedures Manual as may be period ica lly
amended .
(c) It is critical to realize that the approach taken by the traffic calming program is a systematic one . While
each situation may be somewhat unique , the same definitions and criteria , as outlined in this art icle ,
are appl ied . Also , the transportation system of the city should be considered as a whole . Solv ing one
local problem should not cause another problem to appear somewhere else .
(d) The traffic calming program is to be used only for local residential streets , as defined in section 48-
237 .
(e) Keeping with the general guidelines and recommendations as set forth in the Manual on Un iform
Traffic Control Devices and Institute of Transportation Engineers aids in the recognition and
understanding of traffic control devices . Standardization of these devices will help ensure that any
given traffic calming measures including the use of speed humps will be equally recognizable and
require the same action on the part of the motorist regardless of where they are encountered .
Sec . 48-236 . -Traffic calming warrants .
(a) For the purposes of the traffic calming program , a traffic calming measure may be warranted on a local
res idential street if any of the following are found during a traffic study :
(1) Fifty percent or more of the total traffic is exceeding the posted speed limit ; or
(2) Pedestrian safety related problems , to include :
a. A single instance or more of a vehicular/pedestrian accident;
b. Inadequate road geometry rendering a roadway unsafe for pedestrian travel ;
c. A higher incidence of pedestrian traffic due to proximity to a school ;
d. Such other hazards to pedestrian traffic as are identified in a traffic study .
Sec. 48-237 . -Local residential street defined.
Page 10
The city shall only support the installation of traffic calming devices on local residential streets within
the city . A local residential street must meet the following four criteria :
(1) Those streets classified by the city as primarily used for direct access to property and connections
to higher order systems ;
(2) Those streets where the adjacent land use is deemed residential in nature ;
(3) Those streets with posted speed limits of 25 m .p.h. or 30 m .p.h .; and
(4) Those streets with an average daily traffic count of 400 to 4 ,000 vehicles per day (VPD). Volumes
above 4 ,000 VPD would be considered a major road per the MUTCD for traffic control purposes ,
and volumes below 400 VPD would not typically provide enough benefit to warrant the
expenditure of public funds for installation and the increased maintenance costs .
Secs . 48-238-48-256 . -Reserved .
DIVISION 2. -PROCESS
Sec . 48-257 . -Traffic calming process .
The city's traffic calming process shall be defined in the City of Milton Traffic Calming Policy and
Procedures Manual.
Sec 48-258 . -Petition approval percentage .
(a) Prior to the development of conceptual plans at least 67 percent (two-third's majority) of the
homeowners in the study area must vote in favor of the installation of traffic calming measures . Where
a neighborhood or other defined study area has a mandatory homeowners' association or other legal
entity which may lawfully represent their position on such matters , th is entity may act in lieu of the
petition process as approved by the public works director after consultation with the city attorney .
(b) The study area shall be as defined in the Traffic Calming Policy and Procedures Manual.
Sec . 48-259 . -Fee.
Prior to the development of any conceptual plan the applicant shall pay a fee to the public works
department. Said fee shall be in an amount established by the public works department and approved by
the mayor and city council.
Page 11
Secs. 48-260-48-280 . -Reserved.
Sec . 48-281 . -Neighborhood cost share .
(a) Basic installation of the traffic calming devices will be shared by the city (50 percent) and the applicant
(50 percent). If the applicant chooses upgrades or enhanced versions of a traffic calming device , the
applicant will pay the entire cost of design , construction , maintenance and other related charges above
those of the basic device , as defined by the traffic calming details provided in the Traffic Calming Policy
and Procedures Manual.
(b) Any landscaping, including maintenance , will be paid entirely by the applicant.
(c) Easement and right-of-way acquisition shall be provided by the applicant.
(d) Repair and routine maintenance of all traffic calming devices , excluding landscape maintenance and
design enhancements , will be the city 's responsibility .
Sec . 48-282 . -Removal of traffic calming devices .
(a) If the applicant decides that it no longer wants the previously installed traffic calm ing devices , the
applicant must follow the same procedure to obtain 67 percent or HOA approval as set forth in sect ion
48-258 for installation .
(b) Active traffic calming devices should remain in place at least 12 months before removal. If devices are
removed , the road and right-of-way must also be brought back to city standards .
(c) Removal shall be done by a qualified contractor at no cost to the city , where the applicant assumes all
related cost in the removal of traffic calming devices .
(d) The city reserves the right to remove traffic calming devices for any reason . Upon approval of the city
manager , the public works director may order the applicant to remove a traffic calming measure in
accordance with subsection (c).
Sec . 48-283 . -Permit required .
Any work completed by the applicant within the right-of-way shall require a right-of-way encroachment
permit as directed by the public works department.
Sec . 48-284 . -Appeals .
Appeals to the city council may be taken by any person aggrieved by any decision of any City of Milton
staff member in the administration or interpretation of this article . Appeals of such administrative decisions
Page 12
shall be made in writing to the city clerk within 30 days of the date of the decision , interpretation or action
be ing challenged . Any appeal submitted later than 30 days shall not be considered timely and will not be
considered .
Secs. 48-285--48-360. -Reserved.
ARTICLE V. -DRIVEWAYS TURN LANES AND ISLANDS
DIVISION 1. -GENERALLY
Secs . 48-361--48-379. -Reserved
DIVISION 2. -DRIVEWAYS
Subdivision I. -In General
Sec . 48-380 . -Purpose.
This division is intended to clearly define the process of constructing a legal access po int or any other
work in the right-of-way of city roads . To accompl ish this we are modifying sections three through five of
the state department of transportation document Regulations for Driveway and Encroachment Control and
adopting this modified version . Any variance to the standards set forth in this manual must be in the form
of a written appeal to the director of public works , along with the appropriate studies to support the variance
request.
Sec . 48-381 . -Spacing .
(a) As drivers approach each intersection along a roadway , they are often presented with decisions and
may be required to stop or make various maneuvers . When exiting the roadway , it is necessary to
decelerate and , in some cases , to change lanes . It may also be necessary to adjust speeds in reaction
to other vehicles entering into the arterial traffic stream . Driveways should be spaced so that drivers
can perceive and react to the conditions at each intersection in succession . Spacing between
driveways should be at least equal to the distance traveled at the posted speed limit during the normal
perception and reaction time plus the distance traveled as the vehicle decelerates to a stop . Each
intersection also requires a certa in amount of storage space for vehicles waiting to enter. The distance
between intersections should be great enough to provide this storage , allowing each intersection to
have its functional boundary separated from those of the next intersection . Crash data also indicates
Page 13
that as the number of driveways along a roadway increases so do accident rates . Meeting the spacing
criteria is not , in itself, an indication that driveways will be allowed .
(b) Guidelines for driveway spacing assoc iated with the construction of new driveways are provided in
Table 3-1. Driveways should be separated from any othe r facility , which accesses a city roadway ,
whether it is another driveway or a public/private street. Min imum spacing requirements also apply to
driveways on the opposite side of undivided roadways . Requirements for the length of right and left
turn lanes , as shown in Table 11 and Table 13 , may increase the minimum allowable spacing shown
in Table 1.
---i ----~
jl ~ .. ,~if 1---DY C~ ~ I
Posted Speed (mph)
Minimum Driveway Spacing
(Feet)
25 125
30 125
35 150
40 185
45 230
Table 1: Driveway Spacing Criter ia.
(c) Spacing of one-way driveways .
Minimum Driveway Spacing with
Right Turn Lane (feet)
125
219
244
294
369
(1) Figure 1 shows a typical layout of one-way driveways . The spacing criteria presented in Table 1
does not apply to the distance between the two one-way driveways (driveway pair-a driveway
pair is defined as a single driveway w ith a separated one-way in and one-way out driv e lane
configuration).
Page 14
(2) A driveway pair must be separated from another driveway pair by the distance as shown in Table
1. A driveway pair must also be separated from an adjacent two-way driveway in accordance with
the spacing criteria in Table 1.
Figure 1: Spacing Criteria for One-Way Driveways .
Sec. 48-382 . -Placement.
(a) Not only must driveways be spaced from other driveways as provided in section 48-381 , they must
also be located a minimum distance from the property line. The radius return must be a minimum of
five feet from the property line . This may be waived if a safety concern exists .
(b) When driveways are to be jointly used by two or more property owners , the property line separat ion
requirements g iven in subsection (a) of this section can be waived. However, a joint use agreement
signed by the affected property owners must be provided to the Transportation Engineer. Either
property owner may apply for the driveway permit.
Sec. 48-383 . -Driveway spacing .
Driveways should align with other driveways located on the opposite side of the roadway. If offset
driveways cannot be avo ided , the same driveway spacing criteria as given in Table 1 should be prov ided
to provide space for left turns . Figure 2 shows how the spacing is measured for locating offset driveways
on undivided roadways . Spacing is from center-to-center .
-A -UNDMOED~~ffi-c;Hw,-~-y ~~~~~~J !l______
~-\H------( ---~.-----1-
B. DMDEDHJGHWAY j
_____.
I\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I
Page 15
Figure 2 : Spacing of Offset Driveways .
If the city roadway involved is a divided facility and the driveways do not align with a median crossover , the
driveway spacing would only apply to the adjacent driveway located on the same side of the roadway as
shown above in Figure 2 .
Sec . 48-383A Placement of Interior Driveways
The placement of the first interior driveway which in tersects the driveway from the city road should be as
far as possible from the city road for safe and efficient operation . For non-s ing le family , residential detached
developments, the distance between the roadway traffic and the first internal movement shall be a minimum
of 100 feet. Where the lot depth is not sufficient to meet the m inimum requirement the minimum distance
shall be equal to the maximum anticipated queing length for the proposed land use .
Sec. 48-384 . -Residential driveways.
(a) Driveways serv ing single-family residential homes or townhouses do not have to adhere to the
standards set forth in the previous sections , as they have a less significant impact than a new street
or commerc ial driveway. Not more than two private curb cuts may be located on any one street
frontage for any one dwelling . When there are two curb cuts on any one street frontage , there shall be
a safety zone between the cuts not less than ten feet , as measured along the curbline from the radius
return. In no case shall the radius return be less than five feet from the side property line as measured
along the right-of-way line , unless approved by the Public Works Department. The radius return shal l
not encroach upon the radius of the curb at a street corner .
(b) Not more than one private curb cut may be located on any one street frontage for any one dwe llin g
where the street is classified as a collector or higher order street. If a lot has access to more than one
frontage, it may not have any private curb cuts on a street that is classified as a collector or higher
order street. If both frontages are classified as collector or higher order streets , then the curb cut may
be on the frontage w ith the lowest classification , or as designated by the public works department.
Sec. 48-385. -Spacing of median crossovers .
(a) When the applicant is requesting a median crossover on a divided roadway, the spac in g standards
shown in Table 2 apply .
Page 16
_Jl JL
~ t c~~~~'" SjF
Crossover Spacing (in feet)
Condition
Desirable Minimum
Rural 2 ,640 1,320
I
Urban 2 ,000 1,000
Tab le 2: Spacing of Med ian Crossovers .
(b) Ot her factors w ill also be cons ide red , such as d istance to othe r median openings , ad j acent land use ,
expected traffic volumes , and the resulting vo lume of U-turns that are likely to occur w ithout the med ia n
opening. Meeting the spacing cr iteria is not , in itself, an indication that median openings will be allowed .
Sec . 48-386 . -Spacing of signalized intersect ions .
(a) Th is section is provided to ass ist the appl icant's eng ineer in designing sites that may need signal ized
po ints of access t o the c ity roadway. Table 3 contains guidelines for the spac ing that should be
prov ided between signalized inte rsections .
_Jl~ __ JL
~ ~
1 1H---r -~--111
Page 17
Condition Signal Spacing (in feet)
Rural 1,320
Urban 1,000
Table 3: Spacing of Signalized Intersections .
(b) The spacing guidelines provided in subsection (a) of this section are indicative of conditions that
normally offer better signal progression for arterial traffic flow . It is recognized that under certain
conditions , better operation may result from the introduction of signals with less spacing if the
alternative forces high volumes of traffic to an adjacent intersection .
(c) When the applicant can show , through an alternatives analysis , that better operations can be achieved
with less spacing , the department of public works may consider an exception to the provisions of Table
3 .
Secs . 48-387-48-405. -Reserved .
Subdivision II. -Design Criteria
Sec . 48-406 . -Compliance ; purpose .
(a) The design of driveways shall comply with the guidelines of AASHTO's A Policy on Geometric Design
of Highways and Bridges, current edition . However, this division provides a summary of the minimum
design constraints that will be checked during the plan review process .
(b) The geometric design of an intersection is a collection of various elements such as radius , width ,
grade , angle of intersection , etc., that , in combination , provide for satisfactory operation of the vehicles
that will use the intersection . Since the operating characteristics vary dramatically for different types of
vehicles , the designer must first establish the design vehicle on which to base the driveway design .
The designer should also check the final design to ensure the design vehicles can operate
satisfactorily .
Sec . 48-407 . -Design for trucks .
(a) The design criteria given in this article has more stringent requirements for trucks . Even though the
general use of such guidance would result in more desirable operations for all vehicles , it is neither
Page 18
practical nor necessary to design all facilities to accommodate trucks . The designer must use judgment
in selecting the prope r design vehicle .
(b ) When semitrailer combination trucks are expected to use the intersection on a regular basis and in
numbers more than just an occasional vehicle , then the intersection should be des igned to
accommodate the truck movements . This includes most driveways designed for industrial use and
many commerc ial driveways .
(c) For commerc ial uses such as shopping centers , the prel im inary site plan should indicate where heavy
duty pavement would be prov ided to accommodate truck access to loading docks . Any dr ivewa y
associated with access/egress for the loading docks should use the truck rad ii. Minor moveme nt
driveways , particularly those that allow on ly right turns will generally only be used by passenger cars .
Sec. 48-407 A Connections to Rural Sections
Th is sect ion describes the requirements for connecting to c ity streets that do not have cu rb and gutter
and where curb and gutter is not requ ired for sidewalk or trail installation .
(a) When ditches are constructed on the city right of way , the front slope should be no greater tha n
4:1. When the bottom of the ditch is between 5' and 8 ' below the edge of pavement , the front
slope can be increased to 3:1. When the ditch is greater than 8' below the edge of pavement , the
front slope can be increased to 2 :1. In any case when the front slope is greater than 4 :1 guardra il
warrants should be appl ied .
Detail A.
RURAL SUBDIVISIDN STR EE T TYING TO RURAL MAIN STR EE T
7' >--~-<TAN GEN T PO INT
Page 19
Detail B .
CURB AND GUTTER SUBDl"1SION SlREET TYING TO RURAL f.4AIN STREET
EOP----~---
D===='~;=====#=====i;::i--~~~DTMiN8ofAc~g~s
DETAIL ~9-¥61.P~~IM~E AT
6° CURB
Sec. 48-408 . -Driveway width .
(a) When traffic impact stud ies are required , the driveway shall be designed to prov ide the numbe r of
lanes recommended i n the study . The find ings w ithin the study supersede the standards set forth in
Table 4 . Standard lane w idths are 12 feet.
(b) When the need for multiple lanes is not established from a traffic impact study , the minimum a nd
max imum driveway w idths are as set forth in Table 4.
Width (in feet)
Driveway Use
Minimum Maximum
Current residential GA std .(less than 3 lots) 14 20
Farm ing , Agricultural 18 24
Current commercial (one-way) GA std.and resident ial more than 3 lots 16 20
Current commercial (two-way) GA std . and residential more than 3 lots 24 40
Table 4: Driveway Widths .
Page 20
Sec . 48-409 . -Corner radii.
Corner radi i are generally established by the m inimum path of the ins ide wheels of the des ign veh icle
when mak ing a righ t t urn . The m inimum corne r radi i to be used for driveways are g iven in the fo ll ow in g
Table 5.
I I
Min i mum Radius
Driveway Use
(in feet)
Res idential (less than 3 lots) 15
Commercial and res identia l more than 3 lots 35
Designed fo r trucks 75
I
Table 5: Minimum Corner Radi i.
Sec . 48-410 . -Left t urning contro l radii.
The path of the ins ide wheels during left t urns is also important for the design of med ian open ings and
intersections with dua l left turn lanes . The following Table 6 contains guidelines for minimum left turn ing
radi i.
I
CONTRO L
RAD IUS
Driveway Use
Residential
Commercial
CONTROL
RAD IUS
I
Table 6: Left Turn ing Control Radius .
Control Radius (in feet)
40
50
Page 21
Sec. 48-411 . -Median crossover design .
(a) GDOT gu ide li nes are to be used . Driveways onto d ivided county roadways where full access is to be
provided shall be designed in accordance w ith state department of transportation construction deta il s
for median crossovers . The detail has two types of designs (see Figure 3) that are applicable in
different situations in the city . Type A median crossovers will not be permitted .
(b) Type B. Type B median crossovers are required when the projected volume of the left turn movement
exceeds 50 veh icles per hour per direction and when the median width is sufficient to offset the left
turn lane from the adjacent through lane . This design provides better sight distance for vehicles in the
left turn lane . This is important for uns ignalized intersections and when unprotected turns are allowed
at signalized intersections .
(c) Type C.
(1) Type C median crossovers are typically used in urban areas where the median width is limited to
approximately 24 feet or less . With th is t ype of crossover , it may be necessary to add pavement
to the opposite edge in order to accommodate U-turns .
(2) Table 7 illustrates the minimum pavement width that is required for vehicles to make U-turns . The
required w idth is given for passenger cars and for WB-50 trucks . However , provis ions for U-turns
at median openings are normally based on passenger cars .
TYPE 8 MEDIAN CROSSOVER
~x < < >·--
HOTTOSC>LE
TYPE C MEDIAN CROSSOVER L•IH'-..,,
HO T TOSC>LE
Figure 3: Median Crossover Design
Page 22
Driveway Use Minimum Width (in feet)
Passenger car 48
WB : 50 truck 90
Tab le 7: Minimum Road W idth for U-Turns
Sec . 48-412 . -Sight d istance .
(a) Dr iveways shou ld be loca t ed to prov ide adequate sight distance . The minimum inte rsection s igh t
distance criteria are provided in Table 8 . The line of sight establishes the boundary of a sight triangle ,
with in wh ich t here should be no sight obstruction . Any location where the sight line leaves the right-of -
way , a permanent maintenance easement must be filed , and the area must be graded , landscaped ,
and kept free of objects such that sight d istance is not compromised . The driver's eye should be
located four feet off the centerl ine of the side street in the outbound lane . The object should be located
at the center of the closest oncoming trave l lane .
o----SOL----SOR
OBJECT
HEIGHT
(35')
Page 23
Sight Distance (in feet)
2 Lanes 3 Lanes 4 Lanes
Arterial Speed (mph)
r: SOL SOR SOL SOR
R
30 335 310 355 335 375
35 390 365 415 390 440
40 445 415 475 445 500
45 500 465 530 500 565
Tab le 8: Intersection Sight Distance Requirements .
The sight distance criteria are based on the t ime required for a vehicle to make a left turn from a stop-
controlled approach to the county roadway (AASHTO Case B1 ). The time to execute the maneuver is based
on recommendations conta ined in NCHRP Report 383 , Intersection Sight Distance . The sight distances ,
for a two-lane road , are the distances traveled at the arterial speed during 7 .5 seconds . The time is
increased by 0.5 seconds for each additiona l lane to be crossed .
(b) The sight distances g iven in Tab le 8 are for undivided roadways . If the roadway is div ided , the effect
of the median should be considered in determining the required sight distance. Based on the
conditions , it may be feasible for the crossing maneuver to be done in two stages with a stop in the
median . However, the intersection should only be treated in this manner if the signing and marking is
accordingly provided . Otherwise , the sight distance requirements should be increased to account fo r
the addit ional width that must be crossed . See AASHTO Green Book , chapter 9 , intersections , for
ad j ustments due to grades greater than three percent and design vehicles other than passenger cars .
Sec. 48-413 . -Horizontal alignment.
In general , the horizontal alignment of driveways should be designed using a tangent section from the
centerline of the county roadway and extending to the property line. Horizontal curves should be sufficient
to provide safe operations at speeds that would normally occur in the areas where they are constructed .
Page 24
Sec . 48-414 . -Angle of intersection .
(a) Intersecting driveways and roads shou ld generally mee t at or nearly at right angles . Dri veways an d
roads intersecting at acute angles create s ight lim itat ions tha t should be avoided .
(b ) In some cases , a more suitable overall design can be achieved by allowing intersect ing angles ot he r
t han 90 degrees . The following Table 9 gives the minimum angle of intersection that w ill generally be
allowed fo r driveways des igned to accommodate two-way traffic flow .
-·--- - - --·-·-----r ---·---·-·---·-·-.
I
A
Minimum Angle of
Driveway Use I ntersection (A)
in Degrees
Residential 70
Commercial 85
Des igned for trucks 88
I
Table 9: Minimum Angle of Intersection for Two-Way Driveways .
Sec . 48-415 . -Alignment of approach and departure lanes.
Driveways should be designed and constructed so as to align with driveways or streets on the oppos ite
side of the roadway . The alignment of through movements crossing the roadway should be such that abrupt
shifts in the travel pattern are not requ ired .
Sec . 48-416 . -Auxiliary turn lanes.
Page 25
(a) When any auxiliary turn lane that extends beyond the applicant property frontage, the applicant
will be responsible for acquiring the necessary rights-of-way and easements in order to accomplish
the necessary frontage improvements .
(b) Except where necessary to control traffic, drainage or where necessary for the construction of
sidewalk and trails, the use of barrier curbs on external roadways should be avoided for safety ,
and simplicity.
Sec. 48-417 . -Minimum requirements for deceleration lanes .
(a) The provisions of this section shall generally apply to auxiliary lanes installed on the approach to an
intersection that provide for deceleration and storage of vehicles waiting to turn right or left. Such lanes
are always beneficial and will be required in conjunction with driveway permits when projected traffic
volumes exceed minimum levels as provided i n the following sections .
(b) Right turn deceleration lanes must be constructed at no cost to the city if right turning volumes (RTV),
based on ITE Trip Generation (assuming a reasonable distribution of entry volumes as approved by
the City Transportation Engineer) meet or exceed the values shown in Table 10 . Passing lane sections
fall under the criteria for two o r more lanes .
ADT
Posted Speed
< 6,000 >= 6 ,000
35 mph or less 200 RTV 100 RTV
40 mph-50mph 150 RTV 75 RTV
Table 10: Minimum Volumes Requiring Deceleration Lanes .
(c) In the event the city traffic engineer feels that field conditions or other factors indicate that it would be
in the city's best interest to waive the decel lane requirement , the city traffic engineer must document
the recommendations . The recommendations shall be approved by the public works director and be
attached to the permit. The city traffic engineer may also require the addition of a right turn lane, even
when the conditions in Table 10 are not met , if roadway geometry or field conditions indicate that the
Page 26
safety of the traveling public would be improved. The recommendation must be documented and
approved by the director of public works for inclusion with the permit.
(d) The right-of-way for deceleration lanes must be dedicated in fee simple to the city for the city to
maintain . A limited warranty deed is not acceptable when the right-of-way is donated to the city . When
the construction of a deceleration lane is not required the right of way shall be dedicated to the city in
sufficient width to allow for the future construction of the lane when condition warrant.
(e) The pavement specifications for deceleration lanes must be the Georgia DOT Standard Specifications
for Construction of Roads and Bridges , except as approved by the public works director in cases where
a lesser design may be acceptable or where a proposed project is expected to tie in .
Sec . 48-418 . -Deceleration lane design .
(a) Th is section provides the des ign guidelines that should be used to establish the lengths of turn lanes
if they are required . Turn lanes should provide a full-width lane that is long enough to allow for veh icles
to decelerate from the operating speed to a full stop in addition to the length of full -width lane that is
needed to store vehicles waiting to turn . Table 11 contains guidelines for lengths of tapers and full-
width turn lanes for deceleration right turn lanes .
Speed (mph)
Full Width Storage Taper
(in feet) (in feet)
35 100 50
40 150 50
45 175 100
Table 11: Minimum Deceleration Lane Lengths .
(b) When traffic studies are conducted, the length of full-width lane needed for storage should be
determined . If the length of full-width storage is greater than the length of full-width storage shown in
Table 11 , the longer length should be provided .
(c) At signalized intersections , the amount of storage for both right and left turns can be based on the
number of vehicles arriving during 1.5 signal cycles .
Page 27
(d) For unsignalized intersections , a commonly used rule of thumb is that left turn storage should
accommodate vehicles arriving during a two-minute period . Minimal storage is required for right turn
lanes at unsignalized intersections .
Sec . 48-419 . -Minimum requirements for left turn lanes .
(a) Left turn lanes must be constructed at no cost to the city if left turning volumes (LTV), based on ITE
Trip Generation (assuming a reasonable distribution of entry volumes as approved by the C ity
Transportation Engineer) meet o r exceed the values shown in Table 12 .. Pass ing lane sect ions fall
under the criteria for two or more lanes .
ADT
Posted Speed
< 6 ,000 >= 6,000
35 mph or less 300 LTV 200 LTV
40 mph-50mph 250 LTV 175 RTV
Table 12 : Minimum Volumes Requiring Left Turn Lanes.
(b) In the event the city traffic eng ineer feels that field condit ions or other factors indicate that it would be
in the best interest of the city to waive the left turn lane requirement, the city traffic engineer must
document the recommendations . The recommendations shall be approved by the public works director
and be attached to the permit. The city traffic engineer may also require the addition of a left turn lane ,
even when the conditions in Table 12 are not met , if roadway geometry or field conditions indicate that
the safety of the traveling public would be improved . The recommendation must be documented and
approved by the public works director for inclusion with the permit.
(c) The right-of-way for left turn lanes must be dedicated in fee simple to the city for the c it y to maintain.
A limited warranty deed is not acceptable when the right-of-way is donated to the city . When the
construction of a decelerat ion lane is not required the right of way shall be dedicated to the c it y in
sufficient width to allow for the future construction of the lane when condition warrant.
Page 28
Sec. 48-420 . -Left turn lane design .
(a) The design of left turn lanes should consider the intended function and the characterist ics of the
roadway . In many cases , it is necessary to widen the existing roadway to introduce the left turn lane .
All vehicles approaching the turn lane are shifted to the right. The left turning traffic is then shifted back
into the lane . Through traffic is returned to its original lane beyond the intersection . When the roadway
has a median that is at least 20 feet wide , the left turn lane can be developed out of the med ian ,
avoiding the need for transitions . If a proposed driveway aligns across the main street with another
driveway , and the proposed driveway must provide a left turn lane and left turn storage , then adequate
storage and tapers must also be provided for the driveway across the main street.
(b) The basic design elements of left turn lanes are illustrated in Table 13 . This example shows
symmetrical widening , which basically requires the through traffic on each side to shift by one half of
the lane width . Some circumstances may dictate that all widening be achieved on one side , which
requires a full lane shift for through traffic on the side where the additional width is developed . Table
13 provides guidelines for selecting the proper length of approach taper.
TAPER DEPARTURE j L
I ____ I
~~~~~-------·-·-·-·-·-·-·-·-·-·-~-·-·-·-·-·-·-·-·-··
APPROACH
TAPER BAY FULL
TAPER WIDTH
STORAGE
Approach Taper (in feet)
Posted Speed Limit (mph)
12 Foot
6 Foot Shift
Shift
35 125 250
40 160 320
45 270 540
Table 13 : Minimum Design Elements of Left Turn Lanes .
Bay Taper (in feet) Full Width Storage
50 See
Table 14
50 See
Table 14
100 See
I
Table 14
Page 29
(c) The example shown in Table 13 has straight-line tapers . These are acceptable but other designs may
also be used , including the following : partial tangent tapers , symmetrical reverse curve , and
asymmetrical reverse curve . See latest edition of AASHTO green book for details .
(d) The required length of full-width storage is based on the peak hour traffic volumes . This should be
determined in the traffic study . The amount of storage is dependent on the type of traffic contro l in
effect. For signalized intersections , the storage should be sufficient to accommodate the 95th
percentile peak hour queue . At yield-controlled intersections , the storage is based on the number of
vehicles as designated in Table 14 .
Speed Limit of Road
Peak Hour Equivalent 35 mph 40 mph 45 mph
Left Turn Neighborhood
Volume Size (#of lots) Queue Queue Queue
Feet Feet Feet
30 to 36 80 to 104 95 95 95
37 to 84 to 268 115 115 115
85 to 100 to 325 135 135 135
101 to 125 to 417 135 135 155
126 to 150 to 511 155 155 175
151to175 to 607 175 175 190
176 to 200 to 704 190 190 210
Table 14 : Left Turn Storage Requirements .
Sec . 48-421. -Raised islands .
(a) Islands are an important form of intersection channelization that is often needed to prohibit undesirable
movements , define the paths of allowed movements , and provide a refuge area for pedestrians. Any
Page 30
location where two outbound lanes are proposed for a driveway at an unsignalized location , the right
line must be for right-out only movement , and separated from the other lane by a raised island .
(b) Painted lines are an effective means to direct the paths of vehicular movement. However, raised
islands are more effective during times when visibility is reduced . When islands are to serve as
pedestrian refuge areas , they should be constructed as raised islands . All sign posts to be placed
within concrete area must have hole through pavement structure . The hole may be either formed ,
drilled or sawed .
(c) Raised islands should be large enough to command attention and accommodate wheelchairs . The
smallest ra ised island should have an area of 50 square feet in urban areas and 75 square feet in rura l
areas . However , 100 square feet is desirable in both cases. (Refer to the rev ised ADA standards ).
(d) When multiple crosswalks are required to pass through islands , the required size may exceed the 100
square feet mentioned in subsection (c ) of this section . The additional area may be required to instal l
wheelchair ramps . As an alternate to ramps , the pedestrian travel way can be "slotted " through the
island , remaining on the grade of the roadway .
(e ) Figure 4 shows a typical des ign for a raised corner island at a two -l ane driveway. Th is design uses a
radius of 65 feet and provides an island of sufficient size for wheelchair ramps and level landings .
(f) Figure 4 also contains a median island along the driveway. This drawing does not imply that median
islands or corner islands are required for all driveways . However , large painted islands may not serve
the intended channelization purpose and the type island to be used should be based on the actua l
circumstances of the site .
(g ) Ra ised islands should be offset from the edge of the ad j acent travel lane on all sides. The amount of
offset shall be a m inimum of 18 inches as measured from the edge of the travel lane to the face of the
curb . When raised islands are adjacent to roadways with posted speed limits of 50 mph or greater, the
island shall be offset from the edge of the roadway by a minimum distance of ten feet.
Page 31
T R
RA/SEO IStANO OETM.
"'"" ~#i..A>CIJ1o441.N'~
wuwr.-nrei.~tt~~•
IUOol:inAcNJ.:a.
• f' UIH. Y.teJ HIGHWA V Sl'£EO 1.M'T 13 I.E'S$ THAN •S>fll
IT Ul&IAJ 10 FACE OF Ctll8 \ltE>l $Pfi£D UUT IS
•S'*'flNDABCM:
Figure 4: Design of Raised Islands.
Sec. 48-422. -Right-in, right-out driveways .
Raised islands are also typically used to channelize the movements at a driveway where only right
turns are allowed . The raised island is an effective means of preventing left turns . All right-in , right-out
islands must have a radius that is 70 feet , or a compound curve that approximates 70 feet. Right-in , right-
Page 32
out dr iveways are not intended for t ruck traffic , so the exit and entrance lanes must be 12 feet in w idth as
measured from face of curb to face of curb . The island must be constructed from mountable curb (three
inches vertical , 45-degree face , three inches flat) to accommodate emergency vehicles . The edge of the
island should be offset 24 inches to 48 inches from the edge of the trave l lane .
Sec . 48-423 . -Pavement design .
(a) All construction , within the public right-of-way , of surfaces intended for travel by motorized veh ic les
shall be paved . The pavement specification of aux iliary lanes on city roadways shall be the Georg ia
DOT Standard Specifications for Construction of Roads and Bridges , or as designated in city standards
as directed by the city .
(b) New developments are requ ired to w iden the road along the ir frontage to a uniform lane w idth of 12
feet. If the widened area is two feet or less in width , a concrete sub-base should be provided per the
current standards . The develope r mus t then either pave the entire w idth of the road , or m ill to the
centerline and pave to match the existing road . All new pavement installations shall be edge m illed to
create a smooth transition to and from the new surface . Any deviation from this standard requ ires a
waiver from the public works director or his or her designee .
Sec. 48-424 . -Pedestrian considerations .
(a) When driveways are constructed in areas where pedestrian activity is not prohibited , the design should
adequately prov ide fo r pedestrian movement and interaction with vehicular traffic . Pedestrian features
that should be cons idered include sidewalks , crosswalks , traffic control features , and curb ramps a re
req ui red . The Americans with Disabilities Act Accessibility Gu idelines must be ut ilized where
pedestrian traffic is expected .
(b ) Figure 5 conta ins typical locat ions for curb cut ramps. Ramps are requ ired at all pedestrian crosswalks
where curb is constructed or replaced . The required crosswalk detail is also shown in Figure 5. See
current GDOT Construction Details for the appropriate treatment.
Page 33
""'CAL 1.0CATlO.S fait CUA& CUT llt.u#S -PLAN Yll:V
$1DlUUl
HHIW..I
~'Y!Jolf1aflMO
1'1f'ICAI. CIN Cl.II RAIP
LN<1: VI D!H II>
I· vt
I· •s·
SIOC't141.A
tU.UW Wllh OT l'-t• M&T If 1-.sc1. u 11tcawrr.
ro OllAIM •' WIN. orntr rAC:M
CAOSSIAU LllC -·
STRIPING DET All
• NO S(;.11.£ •
UU< .. DTll ILi I
~D 2'4'-
ITm
I.AC WIO!H Ill
.J"I' $OLIO \OllTt
41~
.Ii'
T ~ .... ~. loMICllEYO
Oii WIOlH QI' II O(WllU.
IS CICAlEft I BUT I00'1
I ' ll{YOCl E1)(;I: CF >CIAE 1-
RDC*UCI l
Figure 5: Typical Crosswalk Details .
Sec . 48-425 . -Clear zone requirements .
(a) Experience has shown that motorists occasionally run off the roadway and providing a traversable
recovery area can lesson serious injury . AASHTO publishes a Roadside Design Guide that should be
used as a reference when designing driveways .
Page 34
(b) Table 15 provides the clear zone distances as contained in the Roads ide Design Guide . Driveways
must be designed so that all areas within the roadway right-of-way have clear zones as defined in the
following Table 15.
(from AASHTO 2002 Roadside Design Guide)
DESIGN FILL SLOPES CUT SLOPES
SPEED DESIGNADT 6:1 or 5:1 to 3:1 3:1 5:1 to 6:1 or
Flatter 4:1 4:1 Flatter
Under750 7-10 7-10 .. 7-10 7-1 0 7-10
750-1500 10-12 12-14 ... 10-12 10-12 10-12 40 or Less 1500-6000 12-14 14-16 ... 12-14 12-14 12-14
Over 6000 14-16 16-18 .. 14-16 14-16 14-16
Under750 10-12 12-14 .. 8-1 0 8-10 10-12
750-1500 12-14 16-20 ... 10-12 12-14 14-16 45-50 1500-6000 16-18 20-26 .. 12-14 14-16 16-18
Over 6000 18-20 24-28 ... 14-16 18-20 20-22
Under 750 12-14 14-18 .. 8-10 10-12 10-12
750-1500 16-18 20-24 .. "10-1 2 14-16 16-18 55 1500-6000 20 -22 24-30 .. 14-16 16-18 20-22
Over6000 22 -24 26-32' .. 16-18 20 -22 22 -2 4
Under750 16-18 20-24 .. 10-12 12-14 14-16
750-1500 20 -24 26-32' .. 12 -14 16-18 20-22 60 1500-6000 26-30 32-40' .. 14 -18 18-22 24-26
Over 6000 30-32' 36-44' .. 20-22 24-26 26-28
Under750 18-20 20-26 .. 10-12 14-16 14-16
750-1500 24 -26 28-36' .. 12-16 18-20 20-22 65-70 1500-6000 28 -32* 34-42' ... 16-20 22-24 26-28
Over6000 30-34* 38-46' .. 22-24 26-30 28-30
Table 15 : Clear Zone Distances (in feet from edge of traveled way).
Note-Clear zones may be limited to 30 feet.
Note-Fixed objects should not be present in the vicinity of the toe of these slopes . The width of the
recovery zones should consider a number of factors including right-of-way availability , economic factors ,
safety needs, and accident history.
(c) All areas located within the clear zones should remain clear of obstructions such as bridge abutments ,
poles , trees, etc . If obstructions are unavoidable , the design should include appropriate protection such
as break-away design, guardrail installation, safety end treatments on culverts , etc . The Roadway
Design Guide includes a table for horizontal curve adjustments , where the clear zone correction factor
is applied to the outside of curves only . Curves flatter than a 2 ,860-foot radius do not require an
adjusted clear zone .
Page 35
Sec . 48-426 . -Right-of-way requirements .
(a) In order to construct driveways , it is often necessary to construct improvements to the city roadway .
These improvements may include the addition of auxiliary lanes along the city roadway such as a
deceleration lane or left turn lane .
(b) If sufficient right-of-way exists , improvements to the city roadway may be permitted without the
requirement of additional rights-of-way . In urban sections , the right-of-way should be no closer than
14 feet from the face of curb along state routes and 11 feet from the face of curb along all city roads .
In rural sections , the point located one-half way up the back slope should be on or within the right-of-
way line . Sufficient right-of-way should be donated to the city for the deceleration lane/commercial
driveway . Paving specifications to match ex isting pavement or better should be full-depth to the right-
of-way line . Depths may be reduced , if field conditions warrant , as approved by the public works
director and as recommended by the city traffic engineer.
(c) If an additional right-of-way is required in order to construct the required improvements , the applicant
must dedicate the right-of-way .
Secs . 48-427-48-445 . -Reserved .
ARTICLE VI. -SIGNS AND MARKINGS
DIVISION 1. -GENERALLY
Sec . 48-446. -Conformity with Manual on Uniform Traffic Control Devices required .
All signing and pavement marking must be designed and installed in conformance with the latest
edition of the Manual on Uniform Traffic Control Devices .
Secs . 48-447-48-465. -Reserved .
DIVISION 2. -SIGNING
Subdivision I. -In General
Sec. 48-466. -General provisions .
Page 36
(a) All sign posts to be placed within a concrete area must have a six-inch wide diameter space through
substructure .
(b) The traffic control signs must be installed per the most recent edition of the Manual on Uniform Traffic
Control Devices (MUTCD) with relation to the installation height , size , distance from curb , etc . In
general , signs should be installed at least seven feet but no more than ten feet from the ground to the
bottom of the sign , and at least two feet from the face of curb to the closest edge of the sign , or as
required by the MUTCD .
(c) The signs shall comply with installation and material standards established by the Public Works
Department.
(d) As part of the land disturbance permit process , the community development department will identify
the number and location of signs. The min imum sign installation shall conform to the standards
established in subdivisions 2 and 3 of this division .
(e) The applicant will be responsible for maintaining the signs from installation to final inspection. The city
reserves the right to replace stop or yield signs if they have been down for more than 12 hours , to
rep lace any regulatory s igns if they have been down for more than seven days , and to replace any
other signs if they have been down for more than 14 days . This will be done at the cost to the applicant
of $250 .00 per sign .
(f) The sign inspection shall be done by the community development department prior to acceptance of
the final plat or as established by the community development department director. The signs should
be performance bonded at the same time as the pavement at a cost of $100 .00 per sign or as
established by the community development department director. If the city needs to replace any signs
at the time of the final i nspection , the value would be forfeited .
Secs . 48-467-48-485 . -Reserved .
Subdivision II. -Signs Installed in New Subdivisions
Sec . 48-486. -Stop signs (R1-1).
(a) The stop sign shall be installed on the right side of the approach to which it applies . Stop lines , when
used to supplement a stop sign , should be located at the point where the road user should stop . Where
there is a marked crosswalk at the intersection , the stop sign should be installed in advance of the
crosswalk line nearest to the approaching traffic .
Page 37
(b) Stop signs should be installed in a manner that minimizes the numbers of vehicles having to stop . In
most cases, the street carrying the lowest volume of traffic should be stopped. A stop sign should not
be installed on the major street unless justified by a traffic engineering study as recommended by the
MUTCD. If two streets with relatively equal volumes and characteristics intersect, typically the direction
that conflicts the most with established pedestrian crossing activity or school walking routes or the
direction that has the longest distance of uninterrupted flow approaching the intersection should be
stopped .
(c) No all-way stops may be installed in a new subdivision without the approval of the public works director
and shall be designed in accordance with the MUTCD , latest edition .
Sec. 48-487. -Yield sign (R1-2).
Yield signs shall be installed when there are right turns at an intersection that are channelized apart
from the through and left turn movements with a striped or raised island . In addition, yield signs should be
installed on each approach of a roundabout.
Sec. 48-488. -Reserved .
Sec. 48-489 . -Speed limit sign (R2-1).
Speed limit signs shall indicate a 25 mph speed limit for streets internal to residential subdivisions ,
unless it is a local collector road for the development , and then it should be no higher than 35 mph . For
neighborhood settings , only one speed limit sign shall be installed at each project entrance or at the points
of change from one speed limit to another. This sign should be installed no less than 100 feet from the
entrance of the subdivision , but no greater than 500 feet from the entrance .
Sec. 48-490 . -Street name sign (03-1).
(a) Street name signs shall be installed at every intersection. Overhead street name signs shall be
installed where a subdivision street intersects at any traffic signal , otherwise ground mounted signs
shall be installed .
(b) Street name signs for public roads shall be green and street name signs for private roads shall be
blue . If the street has no outlet , a "No Outlet" legend should be put on the end of the street name sign
Page 38
blade closest to the main road . The "No Outlet" legend should have at least three-inch high all-cap ita l
black letters on a yellow field that is no more than eight inches w ide .
Sec . 48-491 . -Roundabout sign .
Roundabouts must be signed and marked per city standards.
Sec . 48-492 . -Stop ahead sign (W3-1) and yield ahead sign (W3-2).
The stop ahead and yield ahead signs shall be installed on an approach to a primary traffic contro l
device in compliance with the MUTCD .
Sec . 48-493 . -Reserved .
Sec . 48-494 . -Additional signs .
Additiona l signs may be required as appropriate by the public works department or the field inspector.
Secs . 48-495-48-513 . -Reserved .
Subdivision Ill. -Sign Information and Pavement Markings
Sec . 48-514 . -Sizes and uses .
All signs shall be of the sizes as designated in Table 16 . This table a lso included the appropr iate
reference sections of the MUTCD which exp la in the proper use and installation of each of the sig ns
previously des ignated .
Page 39
I
Sign
I
MUTCO Sections (2009
I
Size
Ed.)
Stop (R1-1) 28.04 to 28 .07 30" x 30"
Yield (R 1-2) 28.08 to 28.1 O 36" x 36" x
36 "
Speed limit (R2-1) 28.13 24" x 30 "
Roundabout and simple alignment warning Review section 28-20 30" x 30"
signs
Stop ahead 0N3-1a) and yield ahead (W3-2a) 2C .36 36" x 36"
I
Street name (03-1) 20.43 Varies
Table 16 : Sign Information and Sizes .
Sec. 48-515. -Pavement markings required .
Pavement markings are required to separate lanes of travel and should be used along all edges of
pavement. The following guidelines are provided for designing and installing pavement markings for
driveways :
(1) All pavement markings installed within the public right-of-way shall be thermoplastic material.
(2) Lane lines are generally five inches (white); lane lines are not required where curb and gutter has
been provided .
(3) Stop lines should be 24 inches (white).
(4) Centerlines should be five inches (double yellow).
(5) Deceleration and left turn lanes should have turn arrows (Type 2) spaced every 100 feet.
(6) Crosswalks should use the current Georgia DOT standard (see Figure 5).
Secs . 48-516-48-534 . -Reserved .
Page 40
ARTICLE VII. -STATE REGULATIONS
DIVISION 1. -GENERALLY
Sec . 48-535 . -Definitions .
The follow ing words , terms and phrases , when used i n this article , shall have the mean ings ascribed
to them in this section , except where the context clearly i ndicates a different mean ing :
Alley (narrow public or private street) means a way through the middle of a block g iv ing access to the
rear or properties .
Arterial street (a roadway with g reater than 10 ,000 vpd ) means a leve l of functional class ification and
city roads will be listed on the offic ial Functiona l Classification Map, annually updated.
Cap ita l improvements means any asset that increases the service capabilities of a public facility or
work or materia ls applied to an existing asset that restores that asset or infrastructure to a "like new"
cond it ion , and improves the performance and reliab ility levels of the asset beyond the capab ilities of the
original installation , or performs a duty o r service that was not previously provided . A capital improvement
plan is commonly known as a CIP .
Collector street (a roadway with between 4 ,000 and 10 ,000 vpd) means a level of funct iona l
class ification and city roads will be l isted on the official Functional Classification Map annually updated .
Commercial driveway means any private entrance , exit, ramp , tunnel , bridge , side road , or other
vehicular passageway to any property used for commercial purposes, except a farm or a dwelling house
not exceeding a four-family capacity , and leading to or from any public road on the state highway system .
Destinations means :
(1) Stores
(2) Restaurants ;
(3) Schools ;
(4) Banks ;
(5 ) Offices ;
(6) Other places of employment ;
(7) Daycares ;
(8) Residential community facilities (i.e ., pools , tennis courts , clubhouse);
Page 41
(9) Hospitals or health facilities ;
(10) Churches and other places of worship ;
( 11) Recreation and parks facilities ;
( 12) Privately-owned recreation facilities ;
( 13) Entertainment venues ;
(14) Transit facilities ; and
( 15) Other related locations .
Driver means every person who drives or is in actual physical control of a vehicle.
FHWA means the Federal Highway Administration .
Functional classification means a listing and map which identifies which roads are major arterial , minor
arterial , and collector.
GDOT means the Georgia Department of Transportation .
LOS (level of service) means a quantitative and qualitative measure of how well traffic flows on a given
street or highway. The term "level of service " includes such factors as highway width , number of lanes ,
percentage of trucks , total traffic volume , turning movements , lateral clearances , grades , sight distance ,
capac ity in relation to volume , travel speed and other factors which affect the quality of flow. The term "level
of service " is typically summarized by letter grades described as follows :
(1) Highway levels of service , per 15-minute flow period and intended for application to segments of
significant length per direction per the Highway Capacity Manual 2000 .
a. Level "A" means nearly free-flow conditions with low traffic volumes , high speeds and free-
flow cond iti ons . Passing demand is well below capacity. Drivers are delayed no more than
40 percent of their travel time by slow-moving vehicles . A maximum flow rate of 490 pc/h
total in both directions may be achieved with base conditions . Speeds are at or above the
posted speed limit may require strict enforcement.
b. Level "B" means nearly free-flow conditions with light traffic volumes , minor speed
restrictions and stable flow. The demand for passing to maintain desired speeds becomes
significant and approximates the lower boundary of the LOS B. Drivers are delayed in
platoons up to 55 percent of the time . Service flow rates of 780 pc/h total in both directions
can be achieved under base condit ions. Above this flow rate , the number of platoons
increase dramatically . Speeds are st ill very near the posted speed limit.
Page 42
c. Level "C" means nearly free flow conditions , moderate traffic volumes , where speed and
maneuvering are restricted to a limited degree by the amount of traffic . This results in
noticeable increases in platoon formation , platoon size , and frequency of passing
impediments. Although the flow is stable, it is susceptible to congestion due to turning traffic
and slow-moving vehicles . Percent time-following may reach 70 percent. A service flow rate
of up to 1, 190 pc/h total in both directions can be accommodated under base conditions .
Speeds are still near the posted speed limit.
d. Level "D" means a condition with heavy traffic operating at tolerable speeds and restricted
maneuverability , although temporary slowdowns in flow may occur. The two opposing traffic
streams beginning to operate separately at higher volume levels, as passing becomes
extremely difficult. Passing demand is high , but passing capacity approaches zero . Mean
platoon sizes of five to ten vehicles are common , although speeds of 40 mph can still be
maintained under base conditions. Turning vehicles and roadside distractions cause major
shock waves in the traffic stream. Motorists are delayed in platoons for nearly 85 percent of
their travel time . Maximum service flow rates of 1,830 pc/h total in both d irections can be
maintained under base conditions .
e. Level "E" means considered at capacity , a condition of very heavy flow , very little if any
freedom to maneuver, and reasonably low speeds . Under Level "E" the traffic is unstable
and short stoppage may occur. Traffic flow conditions have a percent time-spent following
greater than 85 percent. Even under base flow conditions, speeds may drop below 40 mph .
Average travel speeds on highways with less than base conditions will be slower, even down
to 25mph on sustained upgrades . Passing is virtually impossible at LOS E and platooning
becomes intense , as slower vehicles or other interruptions are encountered . The highest
volume attainable under LOS E defines the capacity of the highway, generally 3 ,200 pc/h
total in both directions . Operating conditions at capacity are unstable and difficult to predict.
Traffic operations seldom reach near capacity on rural highways , primarily because of lack
of demand .
f . Level "F" means a condition of extremely heavy flow, with frequent stoppage , significant
queuing at constricted points and very slow speeds . It is an unstable traffic condition under
which traffic often comes to a complete halt. Volumes are lower than capacity and speeds
are highly variable .
(2) Stop controlled intersection levels of service , per approach per the Highway Capacity Manual
2000.
a. Level "A" means the average control delay of 0-10 seconds per vehicle (s/veh).
b. Level "B" means the average control delay of 10 -15 seconds per vehicle (s/veh).
Page 43
c. Level "C" means the average control delay of 15-25 seconds per veh icle (s/veh ).
d. Level "D" means the average control delay of 25-35 seconds per vehicle (s/veh ).
e. Level "E" means the average control delay of 35-50 seconds per veh icle (s/veh ).
f. Leve l "F" means average contro l delay of greater than 50 seconds per vehic le (s/veh ).
(3) Signalized intersection levels of service , per lane per approach per the Highway Capacity Manual
2000 .
a. Leve l "A " means the average con t ro l delay of 0-1 O seconds per vehicle (s/veh ).
b. Level "B" means average control delay of 10-20 seconds per vehicle (s/veh ).
c . Leve l "C" means the average control delay of 20-35 seconds per vehicle (s/veh ).
d. Leve l "D" means the average contro l delay of 35-55 seconds per vehicle (s/veh ).
e. Leve l "E" means the average control delay of 55-80 seconds per vehicle (s/veh ).
f. Leve l "F" means the average control delay of greater than 80 seconds per veh ic le (s/veh ).
Local streets (roads with volumes of less than 4 ,000 vpd ) means a level of functional classificat ion and
c ity roads w ill be li sted on the offic ia l Functional Class ificat ion Map annually updated .
Ma intenance means work tha t is done regularly to keep equipment functioning properly or a neat ,
orderly appea rance .
(1) The term "maintenance" includes :
a. Potho les ;
b. Resurfacing ;
c . Roads ide trash pickup ;
d. Signal/sign/striping repairs ;
e. Parks ;
• f. Community buildings ;
g. Grass cutting ;
h. Shoulder repa ir; and
i. Streetlight bulb replacement.
(2) The term "maintenance" does not include :
a. Major damage due to auto crashes or natural disasters ;
Page 44
b. Equipment damaged during construction projects ;
c. Private roads ; or
d. Private entrance gates.
Mitigation means to cause to become less severe , to alleviate congestion . The LOS minimum
standards contained in this definition shall be used for impact assessment and mitigation analys is.
(Reference GRTA ORI Technical Guidelines .)
(1) Major arterials : LOS C .
(2) Minor arterials : LOS C .
(3) Collectors and others : LOS C.
Motor vehicle means every vehicle that is self-propelled .
New trips means the total vehicle trips , m inu s pass-by trips , minus internal trips , if applicable .
Owner means a person , other than a lienholder or security interest holder, having the property in or
title to a vehicle . The term "owner" includes a person entitled to the use and possession of a vehicle subject
to a security interest in or lien by another person but excludes a lessee under a lease not intended as
security except as otherwise specifically provided in this title .
Pass-by trips means vehicle trips which are made by traffic already using the adjacent roadway and
entering the site as an intermediate stop on the way to another destination .
Peak hour means :
(1) 7:00 a .m. to 8:00 a.m .. 8:00 a.m . to 9:00 a .m . or the highest four 15-minute increments within
such time period for the a .m . peak hour; and
(2) 4:00 p.m . to 5:00 p.m .. 5:00 p.m . to 6:00 p .m . or the highest four 15-minute increments within
such a time period for the p .m . peak hour.
Peak-hour trip generation study means a study by a qualified professional of one or more actual
developments of similar land use and development characteristics which provides empirical data on the
actual number of trips entering and exiting said development during the a .m . and p.m . peak hour. A peak-
hour trip generation study shall consist of a .m. and p.m . peak hour traffic counts by direction (entering and
exiting) on at least three separate weekdays if the study is based on only one similar development , or at
least one a.m. and p.m. traffic count for three different actual developments . The results of actual traffic
counts from peak-hour trip generation studies may be adjusted to discount pass-by trips as provided in this
art icle .
Private streets means roadways constructed to Fulton County or c ity standards but owned and
maintained by a private entity (typically a homeowners' association).
Page 45
(1) Necessary easements for ingress and egress for police , fire , emergency veh icles , and al l
operating utilities shall be provided .
(2 ) Should the city , ever be petitioned to assume ownership and maintenance of the private streets
prior to forma l dedication of their streets as public , they must be brought to acceptable city
standards subject to the approval of the public works director.
(3) The term "private road or driveway" means every way or place in private ownersh ip and used for
vehicular traffic by the owner and those having express or implied permission from the owner, but
not by other persons .
Public or private property means the right-of-way of any road or highway; any body of water or
watercourse or the shores thereof; any park , playground , building , refuge or conservat ion or recreation
area ; and residential or farm properties , timberland or forest.
Publ ic streets means rights-of-way used for access owned and maintained by the federal , state , or
local government.
Professionally accepted means published by the Institute of Transportation Engineers , or prepared by
a qualified professional under work supervised by the city , or prepared by a qualified professional ; and
accepted by the city engineer.
Qualified profess ional , for purposes of conducting traffic impact studies as may be required by this
article , means a registered professional engineer with experience in traffic engineering . For purposes of
conducting peak hour trip generation studies , the term "qualified professional " means a registered
professional engineer with experience in traffic engineering , or another professional approved by the
Transportation Engineer based on education and experience to conduct such trip generation studies .
Reserved rights-of-way means the potential right-of-way reserved for expansion or new right-of-way
including , but not limited to , the calculation of total allowable density and the determination of build in g
setbacks and buffers . In conjunction with the conveyance of any parcel affected by a reserved right-of-way ,
the developer shall retain the right to require the parcel owner to dedicate the reserved right-of-way to the
c ity (at no cost or expense to the city) in the event that traffic demand warrants an expansion , the
Transportation Master Plan shows such new location roadway , or is required as a condition of rezoning.
Right-of-way means the right to pass through property owned by another , as with a highway ; to take
precedence in traffic .
Sidewalk means that portion of a street between the curb lines, or the lateral lines of a railway , and
the adjacent property lines , intended for use by pedestrians, and further defined by Sec . 48-562 .
Significant-engineering certification means that substantial and commonly accepted engineerin g
standards are met. The term "significant-engineered certification " includes, but is not limited to , the following
engineering standards being met:
Page 46
(1) Roadside Design Guide ;
(2) ITE Handbook ; and
(3) MUTCD guidelines .
Subdivision .
(1) The term "subdivision" means :
a. All divisions of a tract or parcel of land into two or more lots , buildings , sites , or other divisions
for the purpose , whether immediate or future , of sale , legacy , or building development;
b. All d ivision of land involving a new public road or a change in existing public roads or new
drives , driveways , access ways , or changes that require access to the state right-of-way ;
c . Resubdivision ; and
d. Where appropriate to the context , relates to the process of subdividing or to the land or area
subdivided .
(2) The term "subdivision " does not include the following :
a. The combination or recombination of portions of prev iously platted lots where the total
number of lots is not increased and the resultant lots are equal to the standards of the
municipality ; or
b. The division of land into parcels of five acres or more where no new street is involved .
Traffic impact study means an analysis and assessment , conducted by a qualified professional , that
assesses the effects that a discretionary development proposal 's traffic will have on the transportation
network in a community or portion thereof. Traffic impact studies vary in their range of detail and complexity
depending on the type , size and location of the proposed development.
Trip means a single or one-directional travel movement with either the origin or destination of the trip
inside the study site . (Institute of Transportation (ITE): Trip Generation). Since person-trips are sometimes
used within an analysis , all "trips" in this article will be assumed to be vehicle movements and the phrase
"person trips" will be used to differentiate between those two measures .
Sec . 48-536. -Penalty; enforcement.
(a) Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof ,
shall be punished by a fine not more than $1 ,000.00 or no more than 60 days in jail or both for each
occurrence; and each occurrence shall be deemed a separate offense .
(b) Unless otherwise specifically provided by resolution of the mayor and city council, the enforcement of
this article shall be within the jurisdiction of the city's police department and any other city officer
Page 47
authorized by the state t o make misdemeanor crim ina l arrests . Persons des ignated by the govern ing
a uthority are hereby authorized to issue c itations or summons or both , charging violat ions under th is
article , returnable to a court or courts having jurisdiction over state traffic offenses or other courts
having jurisd ict ion over violat ions of city ordinances .
(c) For purposes of enforcing the provisions of t his article , any c ity court having jurisdiction over state
traffic offenses or othe r courts hav i ng jurisd iction over v iolations of city ord inances shal l be entitled to
take such act ion to ensure compliance , and the person conv icted shall re imburse the city for any cost
or expense associated with such compl iance efforts , and the city shall be entitled to place a li en on
the property or require a bond from the person to secure payment and reimbursement fo r these
expenses .
Secs . 48-537-48-557 . -Reserved .
DIVISION 2. -CONSTRUCTION STANDARDS AND SPECIFICATIONS
Sec . 48-558 . -Permits .
(a) Required .
(1) City perm its shall be in acco rdance to state law , O.C .G.A. chapter 32 .
(2) No person or company sha ll perform construction work non-routine maintenance work in the
street right-of-way w ithout a right-of-way encroachment permit issued by the city or , if necessa ry ,
the state department of transportation . Th is includes but is not lim ited to the follow ing : grad ing ,
landscaping , drainage work , temporary access to undeveloped land or construction of a
development. Any rev is ions to any portion of existing driveways , i.e . widening or relocations , shall
a lso requ ire a perm it. If any s ign ificant change in land use is requested , the department has the
right to require mod ificat ions to the ex ist ing dr ive to comply with regulations . Such permit sha ll be
posted at the construction site at all times . Such construction must conform to the
construction/maintenance guidelines and specifications of the city or the GDOT . The public works
department shall be authorized to oversee and manage the right-of way encroachment perm it.
(3) No person or company shall construct a drive or entrance to any public road without a permit from
the city , and if necessary the state department of transportation .
(4) It shall be unlawfu l for any person to construct any permanent feature such as an irrigat ion
system , sign or fence in the public right -of-way without a permit from the city , or if necessa ry, from
Page 48
the state department of transportation. Existing features are not necessarily grandfathered . (See
section 48-585 .)
(b) Procedure .
(1) Contents . Any permit application to the city shall indicate in writing the following :
a. All proposed repair , work , maintenance, or alteration to existing city sidewalks or streets
including , when possible , proposed measurements and plats of any repair , alteration , or
maintenance. This shall include , but is not limited to : tree trimming in the right-of-way , utility
work in the right-of-way , open street cuts , shoulder construction , street bores , road closures ,
new development roads or driveways , or new lanes .
b. Compliance with applicable local , state and federal laws.
(2) Permits for work within the rights-of-way established as state routes shall be issued by the
Georgia Department of Transportation , District Seven .
(3) The c ity is authorized to establish additional guidelines and policy for applying for permits . Said
guidelines shall be consistent with this Code and must be approved by the Publ ic Works Director.
Sec. 48-559 . -Construction road signage and warnings .
(a) Each person or company to whom a permit has been issued to perform construction work in rights-of-
way shall place appropriate traffic devices and signage as dictated by the current edition of the Manua l
on Uniform Traffic Control Devices .
(b) It is unlawful for any person who obtains a permit under this article to do any excavation of any kind
which may create or cause a dangerous condition in or near any street (public or private ), alley (public
or private), s idewalk , or public place of the city without placing and maintaining proper traffic contro l or
other warnings at , in or around the same , sufficient to warn the public of the excavation or work , and
to protect all persons using reasonable care from injuries . All work in rights-of-way must be conducted
in a manne r that is consistent with the Manual on Uniform Traffic Control Devices (MUTCD), latest
edition , the city right-of-way encroachment permit, and Occupational Safety and Health Administration
(OSHA) standards including trenching .
(c) Road signage w ithin rights-of-way shall be decided by policy within the public works department ,
except where the jurisdiction along state routes shall be the state department of transportation is
required by state law .
(d) Detours and road closures shall have state department of transportation certified flaggers or off-duty
police officers when required by right-of-way permit.
Page 49
Sec . 48-560 . -Repair after excavation .
(a) When any part of any street , alley , or other property of the city shall be torn or dug up for any purpose ,
the person o r company perform ing such construction work shall promptly restore the street , sidewalk ,
and landscaping to a condition as good as or better condition than before the construction commenced .
(b) T he city will conduct a fina l inspection known as a punchl ist to ensure that the street, s idewa lk , o r
public way is restored to a condition that is in compliance with these regulations , and that all debris ,
materials , tools , and equipment are removed .
(c) Stee l plates are not an acceptable method of temporary restoration of lanes during roadwork unless
specifically permitted . Only if the open cut cannot be restored prior to weekend or holiday , shall steel
plates be installed with pegs and coldpatch for no longer than 72 hours at the discretion of the Public
Works Director , until work resumes . Though covered by a plate , each open cut must be complete ly
filled with no . 57 stone. Violators will be subj ect to a $1 ,000 .00 fine per instance and location . Fines
shall be calculated by calendar day and each calendar day shall receive such fine . The city requ ires
bores except when sufficient hardship is accepted by the city .
Sec . 48-561 . -Creation of roads .
(a) The Transportation Engineer or his or her des ignee shall approve the design and construct ion for any
new roads within the city .
(1) Creation of new roads shall conform to all rules set out in O .C.G .A . chapter 32 .
(2) Functional classifications as defined in section 48-535 .
(3) The standard construction specifications shall be the online document , The GDOT source :
http//tomcat2 .dot.state .ga.us/thesource/specs/index.html. The English system of measurement
shall be used .
(4) Enforcement shall be by eng ineering testing on all new public or private rights-of-way prior to fina l
plat approval or certificate of occupancy , whichever is appropriate .
(b) Engineering testing guidelines.
(1) Road cores and reports are required per GDOT specifications . Asphalt or concrete design mix
will be verified by this . Field engineer with testing company shall choose locations in cooperation
with the city construction inspector.
a. A minimum of one road core per turn lane installation .
b. A minimum of one road core per 250 linear feet of new road or road that is be ing overlaid .
c . Additional locations may be required as necessary.
Page 50
(2) Compaction testing per GDOT specifications (density and proctor) on GAB . This will also include
the proof roll with the city construction inspector on site .
a. A minimum of one test per turn lane installation .
b. A minimum of one test per 250 linear feet of new road .
(3) Subbase compaction testing per GDOT specifications (density and proctor). This will occur just
prior to GAB installation .
a. A minimum of one test per turn lane installation .
b. A minimum of one test per 250 linear feet of new road .
(4) Rural and urban typical sections shall be determined according to the definitions of this article
and the standard details attached herein . Adherence to these complete details requires the use
of ditches for rural typical sections which may not be filled in or removed by a developer or
property owner. Fines for such removal shall be $1 ,000.00 per day per location and require the
offender to remediate such problems as have been created to the city's acceptance .
(5) Existing unpaved (gravel) roads shall not be paved except by the following processes :
a. Petition of homeowners located on the road ; (See public works policies .)
b. Approval by city staff and, when that section of road has been identified as part of the trails
plan, approval by the recreation and parks committee ; and
c. City council approval.
(6) Proposed private gravel roads shall be residential in nature . Private gravel roads may be
permitted under the following conditions :
a. When the projected ADT is less than 400 VPD ; and ,
b. The proposed gravel road does not connect to more than one higher classification road ;
and ,
c. The typical section is constructed in accordance with standards developed by the Public
Works Department.
(7) Proposed public gravel roads may be allowed through approval of the Director of Public Works
and City Council.
Sec . 48-562 . -Creation of sidewalks .
The City Council for the City of Milton finds that sidewalks , both internal and along the entire road
frontage of a development , primarily advance the interests of the owners and occupants of such
Page 51
development. Such interests so advanced include (1) increas ing intra-development pedestrian mobility ; (2)
promoting exercise and wellness ; (3) creating a sense of community; (4) reducing vehicular traffic ; and (5)
increasing overall development safety . Accordingly , Sidewalks shall be installed as follows :
(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 ~ mile of a school or active public park
and the parcel is not identified on the current bike and pedestrian master plan shall be requ ired
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 Mi lton
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).
(2) In cases where a development permit or building permit is sought on tract of land proposed fo r
single-family development:
a. In major subdivisions or on commerc ial projects , the city shall require internal pedestrian
facilities on both sides of any public or private right-of-way or as may be required in the
Subdivision Regulations . Subsequently, the development permit shall indicate proposed
construction of pedestrian facilities on all proposed streets and along the entire frontage
when required .
b. The installation and city acceptance of required sidewalk shall be completed prior to a
certificate of occupancy being issued for the building or structure on the affected parcel.
(3) Where trees exist or other conditions exist , the city may require the sidewalks to meander in the
right-of-way or into the lot where the permit is being sought. Should the sidewalk meander out of
the right-of-way , a sidewalk easement or additional right of way dedication will be requ ired .
Meandering designs shall not be severe radii to better accommodate persons with disabilities .
(See article VIII of this chapter.)
(4) The city shall require the sidewalk to be installed at least five feet from the back of curb along the
road unless the city determines a practical difficulty exists or an overlay district requires an
additional setback . (5) Exceptions . This section shall not apply to any lot or parcel for which a
development permit or building permit is issued but where the city determines that the permit is
for an accessory use or structure to the principal use or structure or for minor repairs or additions
to the principal building or structure in existence . Such determination will be made by the
community development department.
Page 52
Sec . 48-563. -Existing sidewalks .
(a) For any land or building development where sidewalks are required as outlined in section 48-562 , and
there is an existing sidewalk along the road or street frontage , an inspection of the sidewalk shall be
made by the city . If the inspection shows the sidewalk is deficient or does not exist along the entire
frontage , the owner must construct or repair the sidewalk to current design specifications including
material revisions , such as concrete to brick , as required by the city .
(b) The property owner shall be required to maintain the sidewalk along the entire lot frontage by
maintaining the grass or landscaping in the right-of-way .
(c) No person shall be permitted to erect any drain , gutter, downspout , valley, flat, or sloping roof of any
character that will in any manner drain or shed water on any sidewalk of the city.
Sec . 48-564 . -Regulatory , warning and guide signs .
(a) Pole mounted .
( 1) Standards .
a. Public signs shall be mounted on a standard galvanized breakaway square pole type as
approved by the public works department. All street name sign blades must be double sided
0.080 gauge aluminum and nine inches high by 36 inches wide with six-inch letters . All street
name signs shall be mounted on the same pole as stop sign where practical. All public street
name signs shall have white high intensity (HI) six-inch letters with green high intensity
backgrounds .
1. Dead-end roads shall have end marks in high intensity (HI) yellow .
2. A single installation by the property owner of all required signs is required prior to final
plat.
3. Only overlay districts shall be allowed to post neighborhood toppers as included in
standard details : "Crabapple" and "Birmingham ."
b. Private signs shall be mounted on a standard galvanized breakaway square pole type by a
contractor qualified to perform this work and permitted for this project using the right-of-way
permit. All external street name signs must be double sided 0 .080 gauge aluminum and be
nine inches high by 36 inches wide . All street name signs shall be mounted on the same
pole as stop sign where practical. All private street name signs shall high white high intensity
(HI) six-inch letters with blue (HI) backgrounds .
Page 53
1. Dead-end roads shall have end marks in high intensity (HI) yellow .
2. A single installation by the property owner of all required signs is requ ired prior to final
plat.
3. Overlay districts shall be allowed to post neighborhood toppers as included in standard
details : "Crabapple" and "Birmingham ."
4. Subdivision identification toppers may be allowed within subdivisions .
(2) Requests . If a request is made for decorative sign poles , the neighborhood must submit a forma l
traffic control signage plan showing the recommended placement , size , type of pole , and type of
sign to be installed . Th is is more than a sign shop detail page . The Transportation Engineer or
his or her designee will evaluate the request with final comments . All signs and poles must meet
the requirements set forth in th e Manua l on Uniform Traffic Control Dev ices (MUTCD )
(www.mutcd.fhwa.dot.gov.). If decorative sign poles are approved , only a qualified s ign contractor
is allowed to install the devices . If decorative sign poles are used , there must be a s igned and
recorded agreement from the homeowners' association stating that they w ill be responsible for
maintain ing the decorative poles . If a decorative pole is damaged and not replaced w ithin 48
hours , the public works department will install a standard pole and standard sign if located on a
public street. If the decorative pole is replaced , the contractor must contact the public works
department for the city to retrieve the standard pole if located on a public street. The length of the
sign pole must be high enough to allow for vertical clearance of the signs mounted . There will be
no cost to the city associated with the installation or maintenance of decorative poles .
(b) Overhead .
(1) Standards . Overhead signage is required at all signal ized intersections . Sign age shall comply
with current MUTCD and GDOT standa rds .
(c) Mast arms fo r traffic signals .
(1) Standards . Mast arms shall comply with the standards approved for use by the Public Works
Departmen t.
(d) City streetlights .
(1) Standards . City streetlights , decorative , period lighting , and parkway lighting shall be products
readily available through the local power service providers . The city shall repair , maintain, and
pay util ity bills for street li ghts on public rights-of-way . The homeowners' association or private
business shall repair , maintain, and pay utility bills for streetlights on their respective private
rights-of-way . Other types of landowners with private lighting are likewise required to pay for utility
bills on their respective properties .
Page 54
(2 ) Requests . Requests for street lighting by citizens or businesses , city boards and commissions
shall be directed to the public works department. Should such application show that street lighting
would provide a significant traffic safety difference , such request will be added to the capital
improvement plan at either the annual or midyear listing . Should such application show that street
lighting is a non-transportation safety project, the application will be denied and placed on the
long range list for capital improvement projects . Should the denied applicant des ire to move this
forward more quickly , the applicant can pay 100 percent of the cost of materials and installations
by a qualified utility contractor or the electrical utility company directly , the city would accept the
streetlights as a gift in kind and thus repair , maintain , and pay utility bills for such streetlights on
public rights-of-way .
(3 ) Removal. Requests for removal of street lighting by citizens within a subdivision considered rura l
on the City of Milton Future Land Use Plan may be considered through a petition and application
process for removal of streetl ights as defined in the public works policies .
Secs . 48-565-48-583 . -Reserved .
DIVISION 3. -PROHIBITIONS AND USES
Sec. 48-584. -Obstruction of right-of-way.
(a) No person shall place or cause to place in any right-of-way : debris , rubbish , irrigation water , boxes ,
d isplays , signs , poles , goods , merchandise , or any other object so as to impede or endanger traffic on
streets and sidewalks .
(b) No person or company shall construct or maintain a drive, yard , or lot constructed of gravel , pebbles ,
or stone in such a manner that vehicles cause loose stones , pebbles or gravel to be thrown on to the
adjacent street or sidewalk .
(c) Any personal property placed on the right-of-way following an eviction notice shall be removed w ith in
24 hours of physical eviction unless an extension of time is requested on behalf of the ev icted tenant.
For purposes of this chapter such property is deemed abandoned property 24 hours following eviction
unless the landlord by contract specifies a shorter time . If the property is not removed within 24 hours ,
the city may commence removal and cite the property owner. The penalty assessed shall be 125
percent of the cost the city incurs in removing the property plus a fine of $1 ,000 .00 shall be incurred .
(d) Illegal dumping within the right-of-way shall be removed within 24 hours of the notice of violation if not
considered an immediate threat but will be removed immediately if considered an immediate threat to
safety by the public works department. If the city is required to remove such debris , a penalty of 125
percent of the cost the city incurred in removing the property plus a $1 ,000 .00 fine shall be assessed .
Page 55
Sec . 48-585 . -Location within the right-of-way .
(a) A right-of-way and utility encroachment permit is required for all activities within the right-of-way
including, but not limited to , the construction , installation , repair or replacement of pipe , condu it , cable
or other facil ities vital to the function of the utility or construction site referenced for the flow of traffic
(vehicles and pedestrians) (i.e. a driveway , shoulder , or road construct ion ) at the referenced locat ion .
Such permit shall be managed by the public works departmen t.
(b) Irrigation systems , landscaping , fences , walls , non-operable vehicles , trailers , boats , dumpsters and
other fixed objects within the right-of-way are safety hazards and not allowed within the right-of-way .
However; certain landscaping and irrigation systems may be permitted upon the submittal of an
indemnification form and other documents as may be required by the Public Works Department.
(1) New unpermitted installations of such encroachments shall be removed and shoulders dressed
at the cost of the property owner within 30 calendar days of the citation plus a fine of one-ha lf the
cost of the largest permit fee for the site . Should such installations be on an act ive construct ion
site , all CO 's , LDP 's, final plats, or other pressing applications to the city will be held until such
fine is paid by the property owner.
(2) Existing installations shall be subject to safety evaluat ions and must be relocated outside of the
right-of-way when major repairs or replacement occurs . Safety evaluations by public works may
result in an ev iction notice and subsequent removal of such installation. Such removal shall occur
within 30 calendar days ; however , no fine shall be assessed for ex isting permitted installations.
The burden of proof for the date of existing installations shall be by the Fulton Coun.ty permit date ,
dated construction drawings , or receipts . Without these , a fine shall be assessed as if it was a
new unpermitted installation .
(3 ) Temporary items such as dumpsters , parked semi-trucks , and other related items as determ ined
by the public works department shall be given a citation and will be towed from the right-of-way
immediately to the subject parcel. The cost to the c ity will be reimbursed at a rate of 125 percent
plus a $500 .00 fine awarded to the property owner. An exception shall be moving to or from a
house : a semi without a tractor is allowed to park on a neighborhood street when a right-of-way
encroachment permit is approved and proper advance warning signage is used . The maximum
length of time this permit for this application will be valid shall be 48 hours .
(c) Mailboxes. Mailboxes are subject to all regulations of the United States Postal Service (USPS ). In
addition :
(1) Single breakaway post mailboxes shall be the standard installation , placed five feet from the edge
of pavement. This installation shall not require a permit.
Page 56
(2) Fixed object mailboxes (i.e., brick , stone , concrete , stucco , anything other than a standard
mailbox) are not allowed within the right-of-way . Installations of such mailboxes shall also be
subject to other requirements of this chapter and the AASHTO Roadside Design Guide , current
edition .
(d) Trees . Trees w ithin the right-of-way shall be classified as follows :
(1) Shoulders . Street trees are requ ired to be planted behind the sidewalk for urban sections or
outside of the AASHTO defined clear zone for on-system roadways , this may extend outside of
the right-of-way onto personal property fo r on-system roadways . The right-of-way encroachment
permit is required for plantings inside the right-of-way but outside of the clear zone . Any tree
within the right-of-way is subject to removal for safety reasons upon coordinat ion of public works
and the c ity arborist. Street trees planted in the beauty strip are subj ect to remova l by the c ity fo r
safety reasons . When the beauty str ip is the only area available for planting , as determined by
the city arborist , the Georg ia Department of Transportation (GDOT) category breakaway trees
such as crepe myrtles , hollies , etc ., shall be planted there and must be maintained by trimm ing
appropriately by the property owner through a right-of-way landscap ing agreement.
(2) Medians . Only Georgia Department of Transportation (GDOT) category breakway trees shall be
acceptable w ithin planted medians , Addit ional landscaping mainta ined below 18 inches is a lso
acceptab le. When med ian street trees are impacted , show s igns of decline , or have a safety
concern , as determined by the city arborist , the replacement trees in the median shall meet th is
updated requ irement. Trees planted in the medians and shoulders must also meet:
a. The AASHTO Roadside Design Gu ide ; and
b. The GDOT Pedestrian and Streetscape Guide .
(e) On-street park ing .
(1) Vehicles may park on roads of subsequent width unless specifically prohibited by signage . The
city may regulate and prohib it park ing of any type of vehicle on any public road . It shall be unlawfu l
to park any truck or any tra iler which is designated by the department of public safety for a license
tag in a we ight category heavier than 6 ,000 pounds on the r ight-of-way of any residential street
or upon residential zoned property , unless said vehicle is making a delivery to said resident ia l
property . School buses shall not fall under this section .
a. Th is section shall not apply to construction vehicles , trailers , or equipment temporar il y
located (maximum six hours) with in a construction area , provided such veh icles , tra ilers o r
equipment are used in connection with dwelling units under construction within such
construction area .
Page 57
b. Such officer is authorized to move such vehicle or require the driver or other person to move
the same . If the vehicle is unattended , such officer is authorized to remove or provide for the
removal of such vehicle to the nearest garage or other place of safety at the owner's
expense . State or local law enforcement officers and the department are further authorized ,
with or without the owner's consent , to remove or have removed any obstruction , cargo , o r
personal property which is abandoned , unattended , or damaged as a result of a veh icle
accident which the department determines to be a threat to public health or safety or to
mitigate traffic congestion .
(2) Vehicles and trailers of any kind without current license plates , or vehicles , trailers or equipment
permitted to remain in an inoperable condition for more than 30 days shall not be parked or stored
on or about any property within a residential-zoned district ; provided , however , this section shall
not apply to vehicles , trailers or equipment stored in an enclosed structure or appropriately
covered and located in the rear yard area .
(3) Exception : moving to or from a house. A sem i with attached tractor is allowed to park on a
neighborhood street when a right-of-way encroachment permit is approved and proper advance
warning signage is used . The maximum length of time this permit for this application will be valid
shall be 24 hours . MUTCD acceptable cones , barricades , and other appropriate warning devices
shall be placed to provide advance warning to motorists .
(4) The city may place parking meters on or immediately adjacent to any or all of such roads for the
purpose of authorizing timed parking in designated spaces upon the payment of a charge for such
privilege . A municipality also may place such parking meters on or adjacent to any public road on
the state highway system located within the corporate limits of the municipality when authorized
by GDOT .
Sec. 48-586 . -Assemblies , demonstrations and parades.
Regulation of assemblies , demonstrations and parades are governed by article IX , public assemb lies ,
of this chapter .
Sec. 48-587 . -Agricultural uses .
(a) Agricultural equipment, such as tractors , combines, etc ., shall be allowed to travel during daylight short
distances, of approximately one mile , along the right-of-way without being transported by a trailer for
the purposes of traveling between utilized agricultural lands . A penalty of $100 .00 per incident shall
Page 58
be the fine for violators of this rule . Law enforcement responsibility for enforcement of this article shall
be in the department of public safety except:
(b) Just as construction equipment within LOP permits has limitations, so too does agricultural equipment.
(1) Agricultural equipment limitations include , but are not limited to :
a. The removal of mud from the roadway ;
b. The removal of gravel from the roadway ; and
c. The repair to the roadway from track equipment , oversize equipment , etc .
(2) The following penalty applies in such situations :
a. A $100.00 fine per incident ;
b. Plus the cost of repairs to the road ; and
c. Plus the cost of certified traffic control by the person who caused the damages .
(3) Enforcement responsibility for this article shall be in the public works department by sworn code
enforcement officers . The traffic control shall be placed within 24 hours after a notice of violation
or citation was given . The road repair shall begin within three business days of date of a notice of
violation or citation .
(c) The following vehicles may exceed such limitation without a permit:
(1) Farming or agricultural equipment ;
(2 ) Horses ; or
(3) Forest management equipment , whether self-propelled or being hauled , when such vehicle or
equipment is being operated during daylight hours upon a public road .
(d) Horses will ideally be ridden on gravel roads and other marked paths , marked trails , or rights-of-way
during daylight hours .
Sec. 48-588 . -Construction and oversize vehicle uses .
(a) Haul permits are required from the public works department when more than 30 truck trips per day for
two weeks or when 10,000 CY of material will be hauled on a right-of-way . Such application shall be
concurrent with the right-of-way permit with a site map and calculation of earthworks and trips needed .
(b) Oversize vehicles and equipment that is not street legal are required to be conveyed from location to
location using a trailer , subject to all applicable state and GDOT rules and permits.
Page 59
Sec . 48-589 . -Rules of the road .
T he rules of the road shall include , but are no t lim ited to :
(1) The Georg ia Department of Driver Serv ices , Georgia Dr iver's Manual , current ed it ion ; and
(2) Georgia Bike Sense Gu ide .
Secs . 48-590-48-608 . -Reserved .
DIVISION 4 . -TRAFFIC IMPACT STUDIES
Sec. 48-609 . -Thresholds and applicability .
(a) Traffic studies sha ll be submitted with all rezon ing applicat ions .
(b) Proj ects that qual ify as an Atlanta Reg iona l Comm ission (ARC ) development of reg iona l impact (OR I)
are required to meet the city 's impact study requirements . Note that the ORI study will be requ ired at
t he time of rezon ing .
(c ) The thresholds for determining the requ irement of a traffic impact study were developed as follows :
ORI: non-metropolitan threshold or 50 percent of the ORI , metropolitan threshold , whichever is smalle r,
except as noted by ***.
ORI : ORI : ORI :
Milton
Use Metropolita n Metropolitan Non metropolitan
Threshold
Reg ions Reg ions (50%) Regions
Office >400 I 000 sq , ft . >200 ,000 sq . ft . >125 ,000 sq . ft. >125 ,000 sq . ft.
***> 100,000
sq . ft . or>
Commercial >300 ,000 sq . ft. >150 ,000 sq. ft. >175 ,000 sq. ft . 20 ,000 sq . ft .
with drive-
through
Wholesale and >500 ,000 sq . ft . >250 ,000 sq . ft. >175 ,000 sq . ft. >175 ,000 sq. ft . distribution
Page 60
>300 new beds ; > 150 new beds ; >200 new beds ; or >150 new beds ; Hospitals and or generating >
health care 375 peak hour or> 187 peak generating > 250 or> 187 peak
facilities vehicle trips per hour trips per peak hour vehicle hour trips per
day day trips per day day
Housing >400 new lots or >200 new lots or > 125 new lots or ***> 100 new
units units units lots or units
>500 ,000 sq . ft.; >250 ,000 sq . ft.; >175 ,000 SF ; or >175 ,000 SF ;
or employing > or employing > employing > 500 or employing >
Industria l 1,600 workers ; 800 workers ; or 500 workers; or
or covering > covering > 200 workers; or covering covering > 125 > 125 acres 400 acres acres acres
Hotels >400 rooms >200 rooms >250 rooms >200 rooms
>400 , 000 sq . ft . >200 ,000 sq . ft . >125 ,000 sq . ft .
or > 120 acres ; or > 60 acres; or >125 ,000 sq . ft . or> or > 40 acres ;
or if any of the if any of the 40 acres ; or if any of or if any of the
Mixed use individual uses individual uses the individual uses individual uses
meets or meets or meets or exceeds a meets or
exceeds a exceeds a threshold as exceeds a
threshold as threshold as identified herein threshold as
identified herein identified herein identified herein
Any new airport
All new airports , All new airports , Any new airport with with a paved
a paved runway ; or runway ; or
Airports runways and runways and runway additions of runway runway runway > 25% of existing additions of > extensions extensions runway length 25% of existing
runway length
Attractions and >1 ,500 parking > 750 parking >1,500 parking
recreational spaces or a spaces or a spaces or a seating *** > 100
facilities seating capacity seating capacity capacity of> 6 ,000 spaces
of> 6 ,000 of> 3,000
New school with New school with New school with a ** New school
School a capacity of > a capacity of > capacity of > 750 with a capacity
2,400 students , 1,200 students , students , or of> 100
Page 61
or expansion by or expansion by expansion by at students , or
at least 25% of at least 12 .5% of least 25% of expans ion by at
capacity capacity capacity least 25% of
capacity
New facility or New facility or New facility or New facility or
Waste handling expans ion of expansion of expansion of use of expansion of
use of an use of an use of an facilities existing facility existing facility an existing facility by existing facility
by 50% or more by 25% or more 50% or more by 50% or more
New facility or New facility o r New facility o r
Quarries , asphalt expansion of expansion of expansion of ***Any new and cement plants existing facility existing facility existing facility by>
by> 50% by> 25% 50%
New facility o r New facility or New facility or New facility or
Wastewater expansion of expansion of expansion of expansion of
treatment facilities existing facility exist ing facility existing facility by > existing fac i lity
by> 50% by> 25% 50% by> 50%
Storage> Storage> Storage>
50 ,000 barrels if 25 ,000 barrels if Storage> 50 ,000 50 ,000 barrels
w ithin 1,000 feet within 500 feet barrels if within if within 1,000
Petroleum sto rage of any water of any water 1,000 feet of any feet of any
supply ; supply ; water supply; water supply ; facilities otherwise , otherwise , otherwise , storage otherwise ,
storage capacity storage capacity capacity> 200 ,000 storage
> 200 ,000 > 100 ,000 barrels capacity>
barrels barrels 200 ,000 barrels
Water supp ly New facilities New facilities New facilities New facilities intakes/reservoirs
lntermodal New facilities New facilities New facilities New facilities terminals
A new facility A new facility A new facility with >
with> three with> 2 diesel
Truck stops diesel fuel fuel pumps ; or three diesel fuel ***Any
pumps ; or containing a pumps ; or containing
a half acre of truck
containing a half quarter acre of
Page 62
acre of truck truck parking or parking or 10 truck
parking or 10 5 truck parking parking spaces .
truck parking spaces.
spaces.
Any other 1000 parking 500 parking 500 parking development 1000 parking spaces
types spaces spaces spaces
New
Churches n/a n/a n/a >500 seats
Any commerc ial
Crabapple overlay n/a n/a n/a or> 10 lots or
district units of
residential
Areas of special As required by
traffic concern n/a n/a n/a the city
engineer
Any new or
Daycare n/a n/a n/a expansion by at
least 25%
capacity
Sec . 48-610 . -Objectives .
The city finds that requiring a traffic impact study for proposed developments that meet certa in
thresholds will help to achieve the following objectives :
(1) Forecast additional traffic associated with new development, based on accepted practices .
(2) Determine the improvements that are necessary to accommodate the new development.
(3) Allow the local government to assess the impacts that a proposed development may have and
assist the local government in making decisions regarding development proposals .
(4) Help to ensure safe and reasonable traffic conditions on streets after the development is
complete .
Page 63
(5) Reduce the negative impacts created by developments by helping to ensure that the
transportation network can accommodate the development.
(6) Protect the substantial public investment in the street system.
(7) Provide information relevant to :
a. Comprehensive planning ;
b. Transportation planning ;
c . Transit planning ; and
d . The provision of programs and facilities for :
1. Traffic safety;
2 . Road improvements ;
3. Transportation demand management ;
4 . Pedestrian access ; and
5. Other transportation system considerations.
Sec. 48-611. -Analyses .
The source for trip generation rates for the purposes of this chapter shall be the Trip Generation and
Handbook published by the Institute ofTransportation Engineers (ITE), most recent edition . Determinations
of whether this chapter applies shall be made based on application of data from ITE Trip Generation , which
may change from time to time , or as otherw ise approved by the city engineer.
( 1) Discussion of assumptions .
a. Distributions. Default value is to assume site distribution will be the same split as existing
conditions . Call out any exceptions to this. For developments expected to generate more
than 30 truck trips per day , the study shall include separate trip distribution figures for trucks .
b. Total combined trip reduction (pass-by and internal capture) shall be calculated for both a
cap of ten percent maximum and also the recommended ITE value .
c . Growth factors . Provide analysis of both zero percent growth rate and calculated growth rate .
A cap of ten percent growth rate without prior Transportation Engineer approval for areas
within the city . For areas of impact outside city or county limits, higher growth rates are
acceptable .
Page 64
d. Any caps that desire hardship must submit information calculated within the set requirements
stated in subsections (1)a . through (1)c . of this section to prove hardship with the city
engineer.
(2) Technical analysis .
a. A scoping meeting with the applicant's traffic eng ineer and Transportation Engineer is
required prior to submittal of a traffic impact study . Failure by an applicant to not have a
scoping meeting prior to conducting their traffic counts will not constitute a hardship for an
exception to be approved by the city engineer.
b. A preliminary site access , site circulation , and parking plan will be prepared by the applicant
early in the project. The plan is considered in the trip generation , trip distribution and
assignment steps .
c . Existing traffic volumes (measured within the previous six months and adjusted to reflect
current conditions ; tube counts shall be a minimum of 48 hours) and performance operat ion
analysis for all study intersections including all arterial, collector and local roads within the
study area , in the year that the proposed development is planned to commence , and in five
years . If phased development is proposed , the traffic impact study shall inc lude projections
for the year that each phase of the development is planned to be complete .
d. Level of service . All signalized and all-way stop controlled intersections shall operate at a
LOS "D" or better. Other unsignalized intersections (including unsignalized pr ivate accesses)
shall operate at LOS "E " or better for major left turns and side street approaches , although
LOS "F" may be allowed if the movement has a relatively low volume (to-capacity ratio and
there are no known safety problems at the intersection).
e. Pass-by trips are external to the development but are already on the transportation system
(not new tr ips on the roadway ). These trips enter the site as an intermediate stop , or are
incepted by the proposed development. The pass-by rate (or percentage of total site trip
generation that are pass-by trips) is discussed in the scoping meeting. Trip reduction for
pass-by trips shall be as follows :
1. Calculate pass-by trips as provided for in the ITE Trip Generation Handbook .
2. Perform a limits test , limiting the total pass-by trips associated with a site to ten percent
of the adjacent roadway 's project traffic capacity .
f . Mode split analysis is currently required only along state routes . Typically three to five
percent is considered a maximum realistic share of travel for modes other than automobiles .
g. Acceptable analysis methods include the most recent Highway Capacity Manual or Synchro .
Page 65
h. Signal timing used in capacity or progression analysis shall use the same cycle length as it
is currently using at the intersection unless specifically noted otherwise and should not
exceed 120 seconds . Signal tim ing shall provide adequate and reasonable green time fo r
pedestrian crossings .
i. Peak hour factors less than 0. 75 or greater than 0.90 shall not be used unless justified by
specific counts at that location .
j . The applicant shall forecast estimated traffic volumes and performance operation analysis
with the development on all arter ial , collector and local roads within the study area , in the
year that the proposed development is planned to commence , and in five years . If phased
development is proposed , the traffic impact study shall include project ions for the year that
each phase of the development is planned to be complete .
Sec. 48-612 . -Mitigation .
(a) Description and analys is of mitigation measures necessary to bring the identified intersections an d
locations into compliance with applicable standards . Include analysis showing that these measures
will br ing these locations into compliance and include signa l, turn lane , or other warrant ana lyses as
appropr iate .
(b) Often mitigation measures will be involved in rezoning applications . However, should a project already
be zoned commercial or other intense land use , and the traffic impact study deems mitigation
measures are necessary , such mitigation measures deemed necessary by the Transportation
Enginee r and affirmed by the applicant's data shall be deemed necessary improvements at the cost
of the proposed pr ivate deve lopmen t.
(c) The proposed development for which a traffic impact study is submitted and mitigation measures are
deemed necessary by the Transportation Engineer and affirmed by the applicant's data shall be
deemed necessary improvements at the cost of the proposed private development. This would occur
regardless of whether or not rezoning occurred in this transaction .
(d ) Should the proposed development for which a traffic impact study is submitted not be deemed
necessary immediately (i.e ., be warranted immediately) the installation of such s ignal , etc ., shall not
occur until such is warranted .
(e) Developments of regional impact (ORI) mitigation installations listed in the final letter shall be requ ired
of the applicant at no cost to the city prior to the certification of occupancy for any of the related
bu ild ings.
Page 66
Secs . 48-613-48-631 . -Reserved .
DIVISION 5. -CONSTRUCTION STANDARDS AND DETAILS
Sec . 48-632 . -Reference sources to be used .
(a) The city utilizes GDOT Construction Standards and Details (online current edition}, supplemented by
the following Milton Fulton County (FC) Construction Details , AASHTO gu idelines , and MUTCD
guidelines :
(1 ) Where differences between the subdivis ion ordinance (chapter 50 of this Code) and th is chapte r
exist , the more stringent design standard shall be used .
(2 ) Precast manholes are required in lieu of brick manho les .
(3 ) The English system of measurement is used .
(c ) Fire Department access roads shall comply with Chapter 22 of the City of Milton Code of Ordinances .
Where differences exist among the subdivision ordinance (chapter 50), this chapter , and the fire apparatus
code , the Transportat ion Eng inee r and fire marshal shall be responsible for determinations of which is the
controlling requirement.
Sec . 48-633 . -Index of city details .
The follow ing is a list of city details :
100 Series-General
FC101 Underground utility cross sections
FC102 Conduit location for underground utilities
FC103 Allowable trench widths
FC104 Reinforced plastic step
FC105 Structure adjustment
106 Dead-end fire apparatus access road turnaround
Page 67
FC107 Roadway crossing bore and case detail
FC109 Pavement cut repairs Type A , B, and C
FC110 Concrete encasement
FC112 Safety platform for deep manholes
200 Series-Landscaping
201A, B Bioswale landscaping detail
210 T ree save sign
211 Tree planting and watering detai l
300 Series-Transportation
FC301-Typical sect ions : rural road , access easement , industrial , subdivision streets ,
FC302 side roads , gravel
302 Driveway cut repairs concrete , gravel and asphalt
FC303 Cul-de -sac
FC307 Curb and Gutter
FC305 Divided entrance details
FC306 Miscellaneous details
309 Deceleration deta ils
FC310 Left turn lane widening on both sides
FC311 Left turn lane widening on one side
FC313 Mini-roundabout
FC314 Chicanes
Page 68
FC315 Speed table
FC316 Raised intersection
FC317 One lane choker
FC318 Entrance treatment
FC319 Center island
350 Street
351 Gated entrance detail
400 Series-Erosion
Reserved .
500 Series-Stormwater
FC501 Catch basin : 1 ft . offset singlewing
FC502 Catch basin: 1 ft . offset doublewing
FC510 Drop inlet
FC511 . Drop inlet dimensions
FC512 Drop inlet Weir Type
FC516 Energy dissipater alternate
FC519 Structural plate pipe arch culvert and structural plate pipe culvert
FC520 Pipe culverts
FC521 Pipe culvert tables
FC522 Pipe culvert table (continued)
FC523 Perforated underdrain
Page 69
FC524 Pipe guage and glass
FC525 Earthfill dam for detention ponds
526 Fence detail for detention ponds (equestrian board with mesh)
528 Other control structure with trashrack
Secs. 48-634-48-652 . -Reserved .
ARTICLE VIII. -TRAIL DEVELOPMENT STANDARDS
DIVISION 1. -GENERALLY
Sec. 48-653. -Definitions.
The following words , terms and phrases , when used in this article , shall have the meanings ascribed
to them in this section , except where the context clearly indicates a different meaning :
Accessory structure means a subordinate structure , customarily incidental to a primary structure or
use located on the same lot.
Building permit means a permit for a principal structure not including minor repairs or additions to the
principa l building or structure in existence . Such determination will be made by the director of the community
development department.
Development means any manmade change to improved or unimproved real estate .
Development permit means a permit for the alteration or development of a given tract of land or the
commencement of any land disturbing activity .
(1) The term "development permit" includes land disturbance permits and minor subdivision plats .
(2) The term "development permit" does not include right-of-way encroachment permits .
(3) Such determination will be made by the director of the community development department.
Director of Community Development means the City of Milton Director of the Department of
Community Development , or his or her designee .
Director of Public Works means the City of Milton Director of the Department of Public Works , or his
or her designee.
Page 70
Owner means a person , other than a lienholder or security interest holder, havi ng the property in or
t itle to a parce l of land .
(1) The term "owne r" includes a person entitled to the use and possession of a parcel of land subject
to a security interest in or lien by another person or ent ity ;
(2) The term "owner" does no t include a lessee under a lease no t intended as securit y except as
otherw ise spec ifically prov ided in this appendix .
Principal structure means a structure in which the principal use or purpose on a property occurs , and
to wh ich all other structures on the property are subordinate . The term "pr inc ipal " shall be synonymous w ith
the te rms "main " and "primary ."
Righ t-of-wa y means the entire w idth and length of a publ ic road , street or highwa y , includ ing the
t rave led portions , berms , shoulders and medians of a roadway not privately owned . The term "right-of-way"
also includes pub li cly dedicated port ions of the Milton Tra il as contemplated herein .
Roadway mea ns that portion of a right-of-way improved , designed , or ordinarily used for vehicula r
trave l, exclus ive of berms , medians , and shoulders .
Sidewalk , path , or trail means that portion of a right-of-way between the curblines and the adjacent
private property lines , intended for use by pedestrians .
S ingle-family residential building permit means a permit for building a single-family dwelling unit. The
dwelling un it including accessory structures is on a separate lot of record .
Sec . 48-654 . -Background documents on sidewalks , paths , and trails ; conflicts .
The city has adopted regulations relating to sidewalk , path , and trail requirements in the c ity . Where
differences appear between this article and the documents listed below , this article shall take precedence.
(1) Zon ing ord inance : chapter 64 .
(2) Subdiv ision regulations : chapter 50.
(3) Right-of-way ordinance : chapter 48 , article VII , and chapter 56.
(4 ) Resolution accepting recommendations of the Milton Trail Plan : adopted on July 12 , 2007 .
Secs. 48-655-48-673 . -Reserved .
DIVISION 2. -. REQUIREMENTS
Page 71
Sec. 48-674. -Milton Trail created .
The "Milton Trail" (as described in the City of Milton Trail Plan adopted by the city council on July 12 ,
2007, hereinafter the "Milton Trail Plan") shall be provided for as follows :
(1) All owners , developers , or occupiers of parcels of land where a development permit or building
permit , as defined in section 48-653 , is applied for shall dedicate the right-of-way and easements
necessary to construct the Milton Trail according to the cross sections in section 48-698 and
section 48-702(2).
(2) In cases where a development permit or building permit , as defined in section 48-653 , is sought
on a tract of land proposed for development , the plans shall indicate all necessary right of way
and easements for the proposed construction of the Milton Trail along all required streets per
section 48-696 and Figure A.1 . The location of the Milton Trail may use alternate routes to connect
adjacent destinations in coordination with the Milton Trail Plan and this article .
(3) In cases where one single-family residential building permit is sought outside of a subdivision , the
construction of the Milton Trail is not required . The necessary right-of-way to construct the trail is
required .
(4) Where trees exist or other conditions exist , the city may require the Milton Trail to meander within
the right-of-way . Should the trail be proposed to meander out of the proposed right-of-way ,
additional right-of-way is required . The trail may divide at times into two sections to save a tree .
(5) In cases where the Milton Trail is required , per Figure A.1 and there is not development permit
adjacent to the trail , the city's goal is to provide a trail consistent with :
a . The Milton Trail Plan ;
b. Division 3 of this article ; and
c . Section 48-702 .
(6) Where the dedication of rights-of-way and/or easements is required under this section , the
owners , developers , or occupiers shall receive impact fee credits as provided pursuant to Sec .
48-215 .
Sec. 48-675. -Reserved
Page 72
Sec. 48-676. -Provisions for trail easements .
If it is not possible to dedicate the necessary right-of-way for the Milton Trail , as determined by the
director of public works , a trail easement on the form provided by the city will be required . The city prefers
right-of-way dedication rather than easements .
Secs . 48-677-48-695. -Reserved.
DIVISION 3. -TRAIL DETAILS
Sec. 48-696 . -Side of the road location .
The side of the road location where the Milton Trail shall be required shall be according Figure A.1 .
Sec . 48-697 . -Material type .
The required materials for the Milton Trail segments shall be according to Figure A.1 . The materials
for the Milton Trail include gravel, asphalt, and concrete .
(1) Materials shall be organic natural colors as approved by the director of public works in
consultation with the city design review board .
(2 ) Concrete may be required to be stamped at intersections and transition segments
(3) Asphalt may be required where slopes are too steep for gravel material.
(4) Additional gravel reinforcement may be required.
(5) Trail to provide a firm and stable surface .
Sec . 48-698 . -Cross section or edge of pavement type .
Milton Trail cross sections are based upon edge of pavement type . The cross section required for each
segment of the Milton Trail shall be according to Figure A.1 except where approved by the director of public
works. The cross section details shall be according to the details in section 48-702 except where approved
by the director of public works . The cross section types include :
(1) Figure 8 .1 Rural EOP : gravel.
(2) Figure 8 .2 Rural EOP : asphalt.
Page 73
(3) Figure B.3 Modified Rural EOP : gravel.
(4) Figure B.4 Modified Rural EOP : asphalt.
(5) Figure B.5 Urban EOP : concrete .
(6) Figure B.6 Urban Residential EOP : concrete .
(7) Figure B. 7 Urban Bike EOP : concrete .
(8) Figure B.8 Gravel Roads : gravel.
(9) Figure B.9 Off Road : gravel.
(10) Figure B.1 0 Off Road : asphalt.
Sec . 48-699 . -Fence standards .
(a) Four board equestr ian style fences shall be required along the Milton Trail according to Figure A.1 .
The fence shall be located outside of the right-of-way or trail easement on private property. A fence
may be required between the roadway and the trail for safety of the trail users . The fence within the
ri ght-of-way shall be outside of the minimum clear zone distance as determined by the public works
director.
(b) Decorative fence features at intersections may be required if approved by the public works director.
Sec. 48-700 . -Signage standards .
Trail signs shall have a rustic appearance of earthy wood-like materials . Directional signs may be
provided at maj or trail branch points . Trail signage may be used at the ends of all gravel roads included in
the trail network .
Sec. 48-701. -Gravel roads.
Milton 's existing gravel roads provide an established network of bicycle , pedestrian , and equestrian
trails . The gravel roads that are part of the Milton Trail according to Figure A.1 shall remain gravel surfaces
and may include trail signs at each end .
Sec. 48-702 . -Amendments.
Appendices A and B may be updated if deemed necessary as determined by the public works directo r .
Page 74
(1) Appendix A.
a. Milton Trai l Edge of Pavement (EOP ) Type and Material Type Map .
b. Figure A.1-Milton Trail Edge of Pavement (EOP) Type and Material Type .
Page 75
"'O
Ql
(]Q ro
'-I
Cl"I
-'("~.£city of Milton
MILTON TRAIL
Edge of Pavement (EOP) Type
And
Material Type
Tr.lb
Figure B.1·-RURALEOP.A!SP'tW..T
Figure B.2--RURALEOP. GRA\IEL
Figure B.3--MOOA:OR!.AtH..EOP,ASPHN..T
Figure 8 .4--MOOIAEO """"'-EOP, GAA\8.
Figures 8.5 & 8 .6--UR8AN EOP. """°"'"'•
Figure 8 .7--URBAN"""' EOP, roNCJOETE
Figure 8.8--GAAllElROAO.~L
Figure 8 .9--OFF "°""· '""-llEL
Figure 8 .10--OFFRO>D,ASPttM.T
-""""' w ••
s
0.3 0.6 0.9 ..... ______ ... ____ _
-==-:.r"!.cii:.r:=:--:::::::-
-~-::::....-=-...:..·:::;:------
-.....-°"'~-... -.... ..-___ ,.._.,,_ .. ,__ _ _ w ____ ,._.... __
-==-~~=":'., •==::..-=t::==--=.::=::-"""_..._.,.,,...._....-.--.. ...
(2) Appendix B.
a. Milton Trail cross sections .
b. Figure B.1 Rural EOP : asphalt.
c . Figure B.2 Rural EOP : gravel.
d. Figure B.3 Modified Rural EOP : asphalt.
e. Figure 8.4 Modified Rural EOP : gravel.
f . Figure B.5 Urban EOP : concrete .
g. Figure B.6 Urban Residential EOP : concrete .
h. Figure B.7 Urban Bike EOP : concrete .
i. Figure B.8 Gravel Road : gravel.
j. Figure B.9 Off Road : gravel.
k . Figure B.10 Off Road : asphalt.
I. Figure B.1 Rural EOP : asphalt.
• • • RURAL EOP, AS PHALT • •
• Oll'OIMJ*DIWil. . T .. : . . . . . " "' . . . . . .
; ; I I~
.......... . ..,...
" ----~ .... --...t -.:1 llt"l'V " -,.n -n --.... ~ -~ _ ___..:¢--'"""° .... ~ -~ IC: -
. . p . ' ' .. .. ' r . ' ' l !I I Ill --.. _. .. ... _ ... ,..,., ... ... ~-!"I ----· :!' -n -'! l¢" -.. >-~ ..... .........,_
m. Figure 8 .2 Rural EOP : gravel.
Page 77
-RURAL EOP, GRAVEL --l'llffmoll.MlSJWl~(/¥fMl,I ~· Otn)l #Qw.QC ..
r r 11' . y . . r 11' 11' r ' . r . .
; g ~ lq
..._""' ...... ... ,_ ... _ ....
"' .... ·-----n ,~ ... <~ -.. ~ ..... , __ ......
",.;! ---
. . . ' ' r .. .. r r ' r r .
~ ~ ~ ~ --....... .. ,.. """""' ...,,. ... ... ;.._ .... --·----~ --.. -.. ~ ,. ... ~ ~ -.. ...--....
n. Figure 8 .3 Modified Rura l EOP : asphal t.
• MODI FIED RURAL EOP, ASPHALT •
+
PllRllfD KlWID mM Slllfl SECl'Q 00' lWJ
PYMJ fc. CJ6TIHJ mJS.,OJll Ii Cln'1H. AlfIJ Ml.J~ 1'W.
r "' u u · r r ti' ti' r • f r • r r
~ I:! ~ ~
l
l """""• ma I I ... I
..l.7_'<il ... """'"""" T~Wl.L.\"E w I
-W ffalU I' 1IM. 1"'" lfl Ff n ... f' ...,_, M" PU "~ --" ..... .... -··~ "'\II!
'°'"""""Alli -a.a. ClJl11I
o. Figure 8.4 Modified Rura l EOP : grave l.
MO DI FIED RU RA L EOP, GRAVEL
+
PllJ1Ul) "°"""" UN. mm EID< IWlWJ
J'YMI' R>t CNTIUT mlS, O..U II wna NfJ Ml.TON TW.
r r yt OJi' 1.1' r r ti' ti' r • f r • ,. r
I
; ~ ~ fQ
p
p ~· I p I I ~.,,. ...... I ... w I __._ .. _TW W IQn I ... T'IAW.t.IHE TJA\11.lA"'I: n --"'"' """'fT ... f' --IT ..... .. ' .. ,~ "'Ill!: ~ ......,.,.!Aal -a.u. QJT1ll
p. Figure 8 .5 Urban EOP : concrete .
Page 78
~ URBAN EOP, CONCRETE --
• l'llflllB> UlllWf Sl1UT flCT()N friO m LA.'6»'TWJ
Q.11 • a.ma Nil Ml~ TW
·-
r ... t; .... i:: -. .. 11' ,,. ; :i r r r r r nil ~ ~ ~
~I :
~ ---TMl 14"Plln "'"'-!JM
_ .... , --.. ~~-)1~ w•,..,.,. w~" ~ ~" ,..,,.n ---<_ , ---
·,~ o.a . WITll
q. Figure 8 .6 Urban Residential EOP : concrete .
9=+=it URBAN RESIDENTIAL EOP, CONCRETE ~
l ' r 5" 5' e; i1 u· ,.,. !! a S' 5' r
i ! ~ ~ ~ ~ ~
0
0 p
p
~·~-·~sw llAV!l Wf: llA\l!l lN<E s·-..... ~-
\~ ... ,, ..... -\14'~• .. ·,n -.. ..... .. .. . .•.
r. Figure 8 .7 Urban Bik e EOP : concrete .
·-~ URBAN BIKE EOP, CONCRETE ·---·
r v r: .... i::c: ' Tl' ,,. ' ., , a v y
l I ~ ~ Q ~ ~ ~
i ......... ~~ IDQ I DID(]
li.,~ ~~ llIIJM llM!. IJM
_ ..... ... _ :.~r.., .,.'!!'-
"'" .. rr W"ft '" w•rufl , -,.._ .. --, -.,"°""""""'..., o.a l WITll
s. Figure 8 .8 Gravel Road : gravel.
Page 79
RURAL EOP, GRAVEL ROAD
VAllS VAllES
t. Figure B.9 Off Road : grave l.
OFF ROAD, GRAVEL
... -·--
r ;:.~ y 5' S' r ee 3'
~ I
0 I
0 10' GR.I mmtl I
0 ~ .... ,.._ -~·-~ I ----..... .....
u. Figure B.10 Off Road : asphalt.
Page 80
~1• OFF ROAD, ASPHALT • •
l' ? t 3'
0
0
0
0 -
~
Pll8UREO Offl(MD rurAL TRA.l Sa:roN
Ml~ 1W.
24' >mss fASlMoo ... -
5' 5'
lO'~P ALT TIWL
~.rl" ~·Hat ,..,,_~
Secs . 48-703-48-742. -Reserved .
ARTICLE IX . -PUBLIC ASSEMBLIES
DIVISION 1. -GENERALLY
Sec . 48-743 . -Definitions .
-
3' ~ 3'
I
I
I
I
..... ....
The following words , terms and phrases , when used in this article , shall have the meanings ascribed
to them in section , except where the context clearly indicates a different meaning :
Event means any march , meeting , demonstration , picket line , procession , motorcade , rally , or
gathering for a common purpose , consisting of persons , animals , or vehicles or a combination thereof upon
o r in the streets , parks , or othe r pub li c grounds w ith in the city that interferes w ith or has a tendency to
inte rfere w ith t he norma l flow or regu lation of pedestrian or veh icular traffic or that endangers o r has t he
poss ibility of endangering the public's health , safety , or welfare .
Organizat ion or group of private persons means a group of three or more persons , o r the ir
representatives , act ing as a un it.
Private purpose means any purpose not commanded or directed by law , statute , ordinance , or
regulation to be performed .
Sec. 48-7 44 . -Civil remedies .
Any person issued a permit under this article shall be responsible and liable for any damages caused
by the event to publ ic or private property and for injury caused to persons by the event.
Page 81
Secs . 48-745-48-763. -Reserved.
DIVISION 2. -PERMITS
Sec . 48-764 . -Required .
Every person wishing to use public property or public roads in the city for an event is required to obtain
a permit from the city fo r the privilege of engaging in the event within the city , unless such permit is
prohibited under state law or the event is otherwise protected from this requirement by federal or state law .
Sec . 48-765 . -Exceptions .
This article shall specifically not apply to funera l processions , neighborhood parades , provided
act iv ities remain solely within the boundaries of such neighborhood , sporting events , school students go ing
to or from classes or participating in properly supervised and sponsored activities , governmental entities
acting w ithin the scope of their funct ions , and other activities as provided for by law or regulation .
Sec . 48-766 . -Application .
Every person required to procure a permit under the provisions of this article shall submit an appl ication
for the permit to the city manager, which application shall conform to the requirements of this article in
addition to the following :
(1) Reasonable time defined ; emergency . Unless otherwise provided herein , each applicat ion shall
be a written statement upon forms prov ided by the city and submitted to the city manager within
a reasonable time prio r to the planned event for security purposes , verifications , and
arrangements. The term "reasonable time " means a time of at least 30 days but no more than 60
days pr ior to the planned event. The city manage r shall act upon the application within ten days
of the receipt of a completed application. Should no action be taken by the city manager or his or
her designee within the ten-day period , the application shall be deemed to be granted . A person
may make an emergency application to the mayor's office if an unforeseen circumstance arises
requiring a response within less than ten days . The city manager shall have discretion to
determine if an emergency exists and , subject to the ordinance , grant or deny such permit.
(2) Contents . Each application shall set forth the following information :
Page 82
a. Name , address, and telephone number of the person , if the applicant is an individual , or the
name , address , and telephone number of an applicant corporation , partnership ,
organization , or group ;
b. Date , time , and location where the proposed event is to take place , including proposed
routes of travel on public streets to be used for the event ;
c. Description of activity involved with the event ;
d. An approximate number of persons , animals , and veh icles which will be involved with the
event ;
e. Names , home address , and telephone numbers of individuals involved with the applicant , if
not an individual , who have oversight responsibi lity for the organization and conduct of the
event on behalf of applicant ;
f. A description of any recording equipment , sound amplification equipment, signs , or other
attention-getting devices proposed to be used during the event ;
g. A site plan showing the locations of all parking , assembly areas , barricades , toilets, trash
receptacles , trailer storage facilities , signage , equipment staging areas , food service areas ,
gaming areas and other facilities planned for the event ;
h. Plans for disposal of trash and clean up of event area ; first aid provisions ; vehicle and trailer
storage provisions; and toi let facilities available to event participants; and
i. Any additional information which the city manager may find reasonably necessary to the fair
administration of this chapter which may include a complete record of all arrests and
conv ictions against the applicant and every partner , officer or director of the applicant for
violations of any and all laws and ordinances of the city, county , state , or federal government ,
other than minor traffic violations .
(3) Signed and sworn to . The application shall be signed and sworn to by the applicant , if an
individual , or by a partner , if a partnership , or by an officer , if a corporation .
(4) Records . All information furnished or secured under the authority of this article shall be kept and
maintained by the city and shall be utilized only by the officials of the city responsible for
administering these provisions.
(5) Revocation ; denial. Any false statement in an application for a permit may be grounds for
revocation or denial of the permit application .
Secs . 48-767-48-785 . -Reserved .
Page 83
DIVISION 3. -ADMINISTRATION
Sec . 48-786. -City manager duties.
The city manager shall have the following duties:
(1) To prepare and provide the necessary forms for the application of a permit and for the submission
of any required information needed to review an application , administer, and enforce this article .
(2 ) To review an application submitted for completeness and to collect a permit licensing fee in an
amount that shall be equal to the administrative costs of processing the application plus the costs
for the use of city services or property , unless the activity is conducted for the sole purpose of
public issue speech protected under the First Amendment for which no costs shall be assessed
for city services and property.
(3) To designate or coordinate sites and set time schedules ; to coordinate with city authorities ; and ,
where appropriate , to receive the approval of the state department of transportation or other
necessary public officials .
(4) To issue a permit within ten days of receipt of an acceptable and complete application .
(5) To deny a permit within ten days of receipt of an application if the application is not complete or
if any of the circumstances described in section 48-787 hereafter are found to be existing .
Sec. 48-787 . -Application review procedure .
(a ) Upon receipt of a complete application for a permit , the city manager shall have it reviewed by the city
departments , the services of which may be impacted by the event.
(b ) Upon receiving reports from the city departments , the city manager shall consider the impact of the
event as to whether it will unreasonably disrupt and obstruct the necessary flow of pedestrian or
vehicular traffic or endanger the public's health , safety or welfare .
(c) As part of the city manager's review , conditions may be made for alternate routes and locations of the
event to ameliorate issues of traffic flow and public safety, which conditions shall be attach to the
permit , if issued.
(d) The city manager shall also review an applicant's plans for:
( 1) Trash clean up and disposal ;
(2) First aid ;
Page 84
(3 ) Vehicle and trailer storage ; and
(4) Toilet facilities available to participants.
Should the city manager determine an applicant's plans presented for these services to be inadequate , the
application may be denied.
(e) Upon completion of the review of the application, the city manager shall issue a permit for the event ,
including its proposed routes of travel , if the city manager finds the event can occur without
unreasonably impacting upon the use of the public streets , public property , and resources of the city
and without endangering the public's health , safety , and welfare .
(f) Any person whose application under this article is denied by the city manager may appeal such denial
within three business days after the denial to the mayor and city council , which shall consider such
appeal at the next regularly scheduled meeting following the filing of the appeal.
(g) The mayor and council in considering the appeal shall determine if good cause exists for denial of the
permit and after hearing and receiving all evidence , shall either uphold the decision of the city manager
or reverse the decision and grant a permit. In reversing , the mayor and council may attach any
requirements deemed necessary to the permit , as conditions to its issuance for protection of the public
health and safety .
Secs . 48-788-48-806. -Reserved .
ARTICLE X. -URBAN CAMPING
DIVISION 1. -GENERALLY
Sec . 48-807 . -Definitions .
The following words , terms and phrases , when used in this article , shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Camp means :
(1) Residing in or using a public street , sidewalk, or park for private primary living accommodat ions ,
such as erecting tents or other temporary structures or objects providing shelter;
(2) Sleeping in a single place for any substantial prolonged period of time ;
(3) Regularly cooking or preparing meals ; or
Page 85
(4) Other similar activities .
Public park includes all :
(1) Municipal parks ; and
(2) Public playgrounds , public plazas , attractions , and monuments .
Public street includes all public :
(1) Streets and highways ;
(2) Sidewalks ;
(3) Benches ;
(4) Parking lots ; and
(5) Medians.
Storing personal property .
(1) The term "storing personal property" means leaving one 's personal effects such as , but not limited
to , clothing , bedrolls , cookware , sleeping bags , luggage , knapsacks , or backpacks , unattended
for any substantial prolonged length of time .
(2) The term "storing personal property " does not include parking a bicycle or other mode of
transportation .
Sec . 48-808 . -Notice required ; failure to comply .
No person may be arrested for violating this article until he or she has received an oral or written
warning to cease the unlawful conduct. If the violator fails to comply with the warning issued , he or she is
subject to arrest for urban camping.
Sec. 48-809 . -Exceptions.
This article shall not be construed to prohibit the following behavior:
(1) Persons sitting or lying down as a result of a medical emergency ;
(2) Persons in wheelchairs sitting on sidewalks ;
(3) Persons sitting down while attending parades ;
(4) Persons sitting down while patronizing sidewalk cafes ;
Page 86
(5) Persons lying down or napping while attending performances , festivals, concerts , fireworks , or
other special events ;
(6) Persons sitting on chairs or benches supplied by a public agency or abutting private property
owner;
(7) Persons sitting on seats in bus zones occupied by people waiting for the bus ;
(8) Persons sitting or lying down while waiting in an orderly line outside a box office to purchase
tickets to any sporting event , concert , performance , or other special event ;
(9) Persons sitting or lying down while wa iting in an orderly line awaiting entry to any building ,
including shelters , or awaiting social services , such as provision of meals ; or
(1 0) Children sleeping while being carried by an accompanying person or while sitting or lying in a
stroller or baby carriage .
Secs. 48-810-48-828 . -Reserved .
DIVISION 2. -PROHIBITED ACTS
Sec. 48-829 . -Camping or storing personal property in public park .
It shall be unlawful to camp or to store personal property in any park owned by the city .
Sec. 48-830 . -Camping , sleeping , storing personal property or sitting/lying on public street.
It shall be unlawful to camp , to sleep , to store personal property , to sit or to lie down on any public
street , as defined in section 48-807 .
Sec. 48-831 . -Camping , sleeping , storing personal property or sitting/lying on any other public
property when blocking ingress and egress from buildings.
It shall be unlawful to perform the following acts on public property in such a manner as to interfere
with the ingress or egress from buildings :
(1) Camp ;
(2) Sleep ;
Page 87
(3) Store personal property ; or
(4) Sit or lie down .
Page 88