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Agenda Packet CC - 06/15/2015 - City Council Agenda Packet
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, June 15, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Tass Welch, Community Christ Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 15-161) 4) PUBLIC COMMENT 5) CONSENT AGENDA MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 15, 2015 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 1. Approval of the May 18, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-162) (Sudie Gordon, City Clerk) 2. Approval of the June 1, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-163) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements for the Period Ending May, 2015. (Agenda Item No. 15-164) (Stacey Inglis, Assistant City Manager) 4. Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between the City of Milton and NFL Youth Football League, Inc. (Agenda Item No. 15-165) (Jim Cregge, Parks and Recreation Director) 5. Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between the City of Milton and Hopewell Youth Association, Inc. (Agenda Item No. 15-166) (Jim Cregge, Parks and Recreation Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. Consideration of RZ15-08 – To Amend the “Equine Garment Fabrication Use Permit”. (Agenda Item No. 15-099) (First Presentation at April 13, 2015 Regular City Council Meeting) (Discussed at April 20, 2015 City Council Work Session) (Deferred at April 27, 2015 City Council Regular Meeting) (Kathleen Field, Community Development Director) 2. Consideration of RZ15-11 – To Create the Arnold Mill Form Based Code, Chapter 64 of the City Code, Article XXI. (Agenda Item No. 15-154) (Discussed at June 8, 2015 Council Work Session) (First Presentation at June 1, 2015 City Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 15, 2015 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Consideration of RZ15-12 – Kings Close with Approximately 525 Feet of Frontage on the West Side Located in the 2nd District, 2nd Section in Land Lots 396 and 397 by Five Oaks Development, Inc. to Rezone from AG-1 (Agricultural) to R-2A (Residential) to Develop 5 Single Family Residences on 6.431 Acres with Minimum One Acre Lots. (Agenda Item No. 15-155) (First Presentation at June 1, 2015 City Council Meeting) (Kathleen Field, Community Development Director) 4. Consideration of U15-03/VC15-02 –2780 Bethany Bend by Bob Dike to Request a Use Permit for a Day Care Facility (Sec. 64-1809) for After School Program and Summer Camp within an Existing Church and a Concurrent Variance to Allow a Non-opaque Fence for the Playground enclosure [Sec. 64-1809(b)(3)]. (Agenda Item No. 15-156) (First Presentation at June 1, 2015 City Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. (Agenda Item No. 15-157) (First Presentation at June 1, 2015 City Council Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Consideration of an Inter-Agency Agreement between the City of Milton, Georgia and the Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners North Fulton Atlanta. (Agenda Item No. 15-167) (Sarah LaDart, Economic Development Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Fire 2. Finance 3. Information Technology 4. Innovation & Engagement 5. Human Resources MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 15, 2015 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-168) The minutes were provided electronically HOMF OF' FSTAP)l ISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4; 2015 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending May, 2015, MEETING DATE: Monday, June 15, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages If necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR REMARKS O NOT APPROVED NO NO O NOT APPROVED 0It # Youn PHONE: 678.242.25001 FAX: 678.242.2499 info(§6tyofmi1tonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ,Green` #Ckmfled Community t c-hyosr Ech;c� 701 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 11, 2015 for the June 15, 2015 Regular Council Meeting Agenda Item: Financial Statements for Period 8 – May 2015 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 4.96% over what is anticipated for the eighth period of the fiscal year. Total expenditures to-date are $10,541,526 and are 6.32% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $12,139,643, capital expenditures-to-date total $3,729,371. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending May 2015 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,852,000 27,046 250 26,796 431,777 259,500 172,277 Motor Vehicle Tax 915,000 85,827 76,250 9,577 573,230 533,750 39,480 Intangible Tax 150,000 17,582 12,500 5,082 111,426 125,000 (13,574) Real Estate Transfer Tax 75,000 5,378 6,250 (872) 49,314 43,750 5,564 Franchise Fees 1,850,000 124,389 124,389 - 1,020,842 1,045,000 (24,158) Local Option Sales Tax 8,000,000 690,640 666,667 23,973 4,882,059 4,666,667 215,392 Alcohol Beverage Excise Tax 285,000 25,122 23,750 1,372 164,954 166,250 (1,296) Business & Occupation Tax 660,000 3,488 6,600 (3,112) 615,178 627,000 (11,822) Insurance Premium Tax 1,650,000 - - - - - - Financial Institution Tax 33,000 - - - 39,673 33,000 6,673 Penalties & Interest 34,600 3,876 2,475 1,401 26,579 23,692 2,887 Alcohol Beverage Licenses 135,000 - - - 147,400 135,000 12,400 Other Non-Business Permits/Licenses 18,100 2,486 1,442 1,044 15,723 12,400 3,323 Zoning & Land Disturbance Permits 219,600 36,876 18,300 18,576 102,073 146,400 (44,327) Building Permits 400,000 23,140 33,333 (10,194) 292,886 266,667 26,219 Intergovernmental Revenue - - - - - - - Other Charges for Service 486,400 32,158 37,217 (5,059) 353,360 324,267 29,093 Municipal Court Fines 551,000 46,336 45,917 420 358,751 367,333 (8,583) Interest Earnings 17,500 348 1,458 (1,111) 18,936 11,667 7,269 Contributions & Donations - - - - 2,589 - 2,589 Other Revenue 23,140 340 1,928 (1,589) 38,703 15,427 23,276 Other Financing Sources 30,900 - - - 15,141 20,600 (5,459) Total Revenues 24,386,240 1,125,031 1,058,726 66,305 9,260,592 8,823,368 437,224 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,010 9,426 10,592 (1,166) 95,957 99,042 (3,086) City Clerk 192,358 11,657 15,052 (3,395) 101,791 122,752 (20,961) City Manager 675,067 46,100 50,034 (3,934) 377,772 419,210 (41,438) General Administration 39,414 2,910 3,097 (187) 30,990 27,026 3,964 Finance 431,244 23,796 27,455 (3,659) 256,539 280,942 (24,403) Legal 230,000 16,507 19,167 (2,660) 129,496 134,167 (4,671) Information Technology 772,467 56,371 62,550 (6,179) 535,320 540,921 (5,602) Human Resources 323,149 16,664 21,499 (4,834) 162,265 193,235 (30,970) Risk Management 251,855 - 20,988 (20,988) 108,898 167,903 (59,006) General Government Buildings 380,230 31,269 31,686 (417) 258,754 253,487 5,268 Public Information & Marketing 358,730 34,636 36,751 (2,115) 217,250 243,750 (26,500) Municipal Court 301,471 19,376 23,132 (3,756) 165,668 188,746 (23,078) Police 3,956,660 256,583 297,784 (41,201) 2,268,365 2,481,374 (213,009) Fire 5,566,535 359,603 403,119 (43,517) 3,483,085 3,435,327 47,758 Public Works 1,724,863 127,734 136,539 (8,805) 1,099,057 1,136,093 (37,036) Parks & Recreation 950,945 28,604 43,702 (15,098) 558,778 705,671 (146,893) Community Development 978,451 42,408 75,399 (32,990) 486,289 618,286 (131,998) Economic Development 79,941 3,068 2,943 125 26,137 26,011 126 Debt Service - Capital Lease Payment 184,517 - - - 179,117 179,117 - Operating Transfers to Other Funds 10,923,955 - - - - - - Operating Reserve 177,068 - - - - - - Total expenditures 28,664,930 1,086,711 1,281,488 (194,777)10,541,526 11,253,059 (711,533) Net Income/(Loss)(4,278,690)38,319 (1,280,934) Fund Balance - Beginning 10,798,747 10,798,747 Fund Balance - Ending 6,520,057 9,517,813 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 500$ 50$ 200$ (300)$ Artisan Farmer's Market Vendor -$ 400$ 400$ 400$ Interest Revenues - - 11 11 Crabapple Fest Sponsor 8,500 - 1,000 (7,500) Earth Day Sponsor 3,500 - 2,000 (1,500) Concert Sponsor 12,000 - - (12,000) Mayor's Run Sponsor 500 - 1,000 500 Artisan Farmer's Market Sponsor 18,300 - - (18,300) Craft Beer & Wine Festival Sponsor 35,000 - - (35,000) Donations/MGG - - 818 818 T-shirt Sales - - - - Mayor's Run Reg. Fees 450 - 675 225 Roundup Food Sales - - - - Total revenues 78,750$ 450$ 6,104$ (72,647)$ EXPENDITURES Current: Special Events 123,825$ 9,382$ 49,212$ 74,613$ Total Expenditures 123,825$ 9,382$ 49,212$ 74,613$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 6,145$ 39,441$ (559)$ Total other financing sources and uses 40,000$ 6,145$ 39,441$ (559)$ Net change in fund balances (5,075)$ (3,667)$ Fund balances - beginning 43,287 43,287 Fund balances - ending 38,212$ 39,621$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2015 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - 3,527 53,906 53,906 Interest Revenues/State Funds - - 16 16 Interest Revenues/Federal Funds - - 36 36 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 3,527$ 53,958$ 53,958$ EXPENDITURES Current: Police 33,000$ 950$ 15,589$ 17,411$ Total Expenditures 33,000$ 950$ 15,589$ 17,411$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (33,000)$ 38,369$ Fund balances - beginning 163,191 163,191 Fund balances - ending 130,191$ 201,560$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2015 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 47,170$ 461,107$ (338,893)$ Interest Revenue 175 - 178 3 Total revenues 800,175$ 47,170$ 461,285$ (338,890)$ EXPENDITURES Current: Public Safety 821,000$ 211,324$ 291,062$ 529,938$ Total Expenditures 821,000$ 211,324$ 291,062$ 529,938$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses 400,000$ -$ -$ -$ Net change in fund balances (420,825)$ 170,223$ Fund balances - beginning 479,271 479,271 Fund balances - ending 58,446$ 649,494$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2015 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 60,000$ 6,145$ 39,441$ (20,559)$ Total revenues 60,000$ 6,145$ 39,441$ (20,559)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 40,000 6,145 39,441 (559) Total other financing sources and uses 60,000$ 6,145$ 39,441$ (20,559)$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2015 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 70,000$ 10,915$ 48,168$ (21,832)$ Sidewalk Replacement Account - - 22,226 22,226 Crabapple Paving Fee - - - - Traffic Calming - 1,329 1,329 1,329 Tree Recompense - - - - Landfill Host Fees 90,000 - 58,174 (31,826) HYA Fees - - - Interest Revenue 1,700 - 258 (1,442) Realized Gain or Loss on Investments - - - - Donation Revenue/Parks & Recration - 100,000 100,000 100,000 Insurance Proceeds - - 10,225 10,225 Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Miscellaneous Revenue - - 4,921 4,921 Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 161,700 112,245$ 245,301$ 83,601$ EXPENDITURES Capital Outlay City Council 300,000$ 3,500$ 358,508$ (58,508)$ General Admin 50,000 - 19,414 30,586 Finance - 188 1,406 (1,406) IT - - - - Police 2,003,226 - 1,633,643 369,583 Fire 1,853,287 2,685 185,447 1,667,840 Public Works 6,622,457 7,803 508,640 6,113,817 Parks & Recreation 1,115,233 4,350 1,001,974 113,259 Community Development 195,440 5,802 20,339 175,101 Total Capital Outlay 12,139,643$ 24,327$ 3,729,371$ 8,410,272$ Excess of revenues over expenditures (11,977,943) 87,918 (3,484,069) (8,326,671) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,065,206$ -$ -$ (4,065,206)$ Transfers in from E-911 Fund 400,000$ -$ -$ (400,000)$ Unallocated - -$ -$ -$ Lease Proceeds - -$ -$ - Proceeds of Sale of Assets - -$ -$ - Budgeted Fund Balance - - - - Total other financing sources and uses 4,465,206 - - (4,465,206) Net change in fund balances (7,512,737) (3,484,069) Fund balances - beginning 7,875,774 7,875,774 Fund balances - ending 363,037$ 4,391,705$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2015 7 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)188,623 - 41,891 (146,732) LMIG Funds 200,000 - 278,684 78,684 GDOT HPP Funds 5,514,052 - 622,373 (4,891,679) MARTA Grant 177,355 - 102,705 (74,650) SR 9 @ Bethany Bend Grant 17,726 - 16,232 (1,494) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway 15,000 - 15,000 - Interest Revenues - - 44 44 Total revenues 6,616,818$ -$ 1,076,929$ (5,539,889)$ EXPENDITURES Capital Outlay Unallocated -$ -$ -$ -$ Public Safety - - Public Works 7,261,981$ 258,670$ 2,318,661$ 4,943,320$ Community Development 4,900 - - 4,900 Total Capital Outlay 7,266,881$ 258,670$ 2,318,661$ 4,948,220$ Excess of revenues over expenditures (650,063) (258,670) (1,241,732) (591,669) OTHER FINANCING SOURCES (USES) Transfers in to General Fund 600,180$ -$ -$ 600,180$ Budgeted Fund Balance - - - - Total other financing sources and uses 600,180$ -$ -$ 600,180$ Net change in fund balances (49,883) (1,241,732) Fund balances - beginning 50,032 50,032 Fund balances - ending 149$ (1,191,700)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2015 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues - - 91 91 Contributions & Donations 100,000 - - (100,000) Total revenues 100,000$ -$ 91$ (99,909)$ EXPENDITURES Capital Outlay General Government Buildings 7,412,301$ -$ 47,745$ 7,364,556$ Parks & Recreation 9,131,258 380,982 3,506,015 5,625,243 Bond Principal 535,000 - - 535,000 Bond Interest 300,000 - 669 299,331 Total Capital Outlay 17,378,559$ 380,982$ 3,554,429$ 13,824,130$ Excess of revenues over expenditures (17,278,559) (380,982) (3,554,338) 13,724,221 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 6,258,569$ -$ -$ (6,258,569)$ Revenue Bond Proceeds 9,600,000 - - 9,600,000 Total other financing sources and uses 15,858,569$ -$ -$ 3,341,431$ Net change in fund balances (1,419,990) (3,554,338) Fund balances - beginning 1,419,989 1,419,989 Fund balances - ending (1)$ (2,134,348)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2015 9 HOME OF ' ESTAMISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 9, 2015 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between the City of Milton and NFL Youth Football League, Inc. MEETING DATE: Monday, June 15, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ) APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: � YES () NO CITY ATTORNEY REVIEW REQUIRED: f YES ONO APPROVAL BY CITY ATTORNEY APPROVED O NOT APPROVED PLACED ON AGENDA FOR REMARKS p(a1SI'S in yours *** PHONE: 678.242.25001 FAX: 678.242.2499 G'r"e-'e!1 info@cityotmiitongmus I www.cifyofmiltongmus Community (E;h1C5 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on June 9, 2015 for the June 15, 2015 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between The City of Milton and NFL Youth Football League, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between The City of Milton and NFL Youth Football League, Inc. Executive Summary: NFL Youth Football League, Inc. was selected to become the football program provider at the March 16, 2015 Regular Council Meeting. This program will offer flag football, tackle football and cheerleading at Bell Memorial Park. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to continue our research to find another youth football program provider. Legal Review: Paul Higbee – Jarrard & Davis, April 9, 2015 (Contract Template) Paul Higbee – Jarrard & Davis, May 11, 2015 (Addendum Template) Concurrent Review: Chris Lagerbloom, City Manager Page 2 of 2 Attachment(s): 1) Parks and Recreation Department Facility Use Agreement and Addendum between The City of Milton and NFL Youth Football League, Inc. HONAF OF ' T 1" ISI ILC )006 YOUTH ATHLETIC ASSOCIATION ORGANIZATIONAL REQUIREMENTS MANUAL AND FACILITY USE AGREEMENT TABLE OF CONTENTS PAGE; Department Mission and Philosophy Legal and Organizational Requirements 4-11 Requirements of Associations 12-19 City and Park Ordinances 20-21 Park/Facility Regulations 22 Recreation and Parks Personnel/Contact Information 23 City of Milton Accident/Incident Report Form 24 Facility Use Agreement 25-29 DEPARTMENT MISSION AND PHILOSOPHY The City of Milton Parks and Recreation Department is committed to providing quality programs and the promotion of healthy activities for all residents. We welcome non-residents who wish to participate in our programming. Our primary focus is on recreation level activities with limited opportunities for advanced levels of play, provided that it does not come at the expense of a recreation level activity. In all programs, the recreation level activities will be the first priority for field usage. Associations and the leaders of these Associations are expected to understand and promote the mission and philosophy of the City of Milton to serve the citizens of Milton. Association members are ambassadors for the City as well as their affiliate Association. While serving as a volunteer for the Association, members are expected to conduct themselves in an ethical and professional manner. LEGAL AND ORGANIZATIONAL REQUIREMENTS In order to qualify as a Youth Athletic Association ("Association") and to operate on City of Milton ("City") property, each Association must adhere to certain minimum legal and organizational requirements. These requirements are a part of the Facility Use Agreement which must be signed by each Association prior to the operation of any activity on City property. These requirements are necessary in order to insure the safety and well-being of all participating Associations. The signing of the Facility Use Agreement indicates the Association's assumption of the financial responsibility for the program, as well as the management of the program participants and volunteers. The City will not be held responsible for the finances or the program management. Violation of the above mentioned responsibilities constitutes cause for the revocation of the agreement. The requirements are as follows: I- CORPORATE REGISTRATION Each Association must be a federally registered 501(c)3 non-profit organization and licensed to operate in the State of Georgia. Proof of the current registration status must be on file with Milton Parrs and Recreation Department ("Department' 2- BYLAWS Associations shall furnish a current copy of their by-laws to the Department. By-laws must be on file or submitted with the signed Facility Use Agreement. 3- MEMORANDUM OF UNDERSTANDING WITH CITY OF ALPHARETTA On November 5, 2012, the City Councils of Milton and Alpharetta entered into a Memorandum of Understanding ("MOU") for recreation and parks programs. The purpose of the MOU is to take an initial step to foster a long-term mutually beneficial relationship between Milton and Alpharetta as it relates to parks and recreation programs and services as a way to better serve the cities' respective citizens, offer a wider variety of recreational services, and grow the relationship between the Cities such that similar opportunities can be developed over time. In exchange for an annual payment from the City of Milton to the City of Alpharetta, Alpharetta residents shall be allowed to register for all Milton recreation programs and affiliated Association programs, and rent facilities and shall pay the same fees as Milton residents, provided space is available. Alpharetta shall waive non-resident fees for Milton residents who participate in Alpharetta recreation programs. City residents who participate in Milton/Alpharetta recreation programs shall be considered residents of that City for the purpose of travel/select teams with resident composition requirements and adults will meet affiliated youth athletic association board member resident composition requirements. The privileges of advanced reID gistration and the same fee structure for recreation and parks programs for City of Milton and City of Alpharetta residents shall be in effect for the duration of the Memorandum of Understanding between the Cities. For these guidelines, the word "Resident" shall include residents of the cities of Milton and Alpharetta, unless noted otherwise. 4- ELECTION OF OFFICERS The Board of Directors ("Board") shall be the governing body of each Association for the operation of the affairs of the Association as documented in the bylaws. Each Association board must be comprised of a majority of Residents upon election or appointment, and each Association should strive to achieve a minimum of sixty percent (60%) Residents on the Board. The Board of Directors must be elected annually or as mandated by the Association's by-laws, but no less than once every two years, by the Association membership. A Department employee and a member of Milton Parks and Recreation Advisory Board ("PRAB") must be notified of and invited to attend all Board meetings. The Department Director will appoint the employee liaison to the Board. The Chairman of the PRAB will appoint the PRAB liaison(s) to the Board on an annual basis. Open advertised election of the Board is mandatory. All members of the Association as defined by the bylaws shall have the opportunity to vote. A notice of upcoming elections must be sent to the Department, and shall be posted on the Association website at least thirty (30) days prior to the elections. Associations are encouraged to email notice of elections to all participant families and to post flyers at the park. Elections should be held in an easily accessible central location when there are normal Association activities scheduled at the park to provide the best opportunity for members to vote. Associations are also encouraged to provide a process for members to vote electronically. To serve as a member of the Association executive committee, a candidate must have a child actively participating in the Association program at the time of the elections. The Association must furnish a list of all elected board members, addresses, email addresses, telephone numbers (home and office) to the Department no later than one month after the elections. City will verify residency and notify PRAB liaison of City resident percentage of newly elected board. 5- ASSOCIATION MEETINGS AND ANNUAL MEETING Upon request, Association must provide copies of meeting minutes from Association membership and board meetings to Association members and City. It is recommended that meeting minutes be posted on the Association website. Each Association must schedule a minimum of one (1) annual membership meeting. This meeting shall be for the purpose of electing board members, and any other necessary business. Efforts must be made to contact all members, and the Department must be notified of the meeting. Notice of said meeting must be posted at Department facilities and on the Association website two weeks prior to meeting date. 6- CAPACITY PLAN A projection of the field space requirements must be submitted to the Department at least ninety (90) days prior to the start of registration for a season. Extra facility space is not available through the City. The Association may seek to utilize facility space at other non -City locations. The Association is financially responsible for field usage fees at non - City locations if applicable. Field time not used by the Association reverts to the City for use as needed. 7- FINANCIAL REPORTS The Official Code of Georgia Annotated requires all corporate minutes and books of account be held open for inspection by any member of the Association at any reasonable time. The City assumes no responsibility for the financial well-being or outstanding debts of Associations. Each Association must provide the City with an annual Financial Statement to include a summary of operating income and expenses, capital expenditures, registration fees charged to participants, Federal and State tax returns, and profit and loss statement. 8- LIABIILITY INSURANCE COVERAGE 8.1 Association shall not provide any service until all insurance required under this paragraph has been obtained and approved by the City. 8.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the City. policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 8.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Provider shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The Provider shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 8.4 Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis. with the following limits of liability: $1,000,000 Combined Single Limit — each occurrence $2,000;000 Combined Single Limit — general aggregate $1,00000 Personal Injury $1,000,000 Products/Completed Operations Aggregate Association shall have its insurer name the City of Milton as an additional insured on its General Liability policy. 8.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the Association shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the Association. The Association and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If Association or its subcontractor claims to be exempt from this requirement, Association shall provide City proof of such exemption along with a written request for City to exempt Association, written on Association or subcontractor's letterhead. 8.6 Association shall also maintain Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 9- PARTICIPATION REPORTS All Associations are required to submit a list of registered players to the Department no later than thirty (30) calendar days after the end of the established program registration period. The list shall be provided in an electronic format (i.e. Microsoft Excel) and shall include each player's name, street address, city, zip code and email address. The Department will use the list to verify the resident status of registered players and shall not use the list to promote Department programs, without prior consent of the Association. After the City has verified residency of participants, the City will issue an invoice to the Association for non-resident fees payable to the City. NOTE: It is imperative that participation information be sent to the Department as soon as possible in order for Department to verify addresses. Association may send participant information at any time during their registration period for Department to check residency status of participants. 10 -REGISTRATION Associations are encouraged to provide registration dates to the Department in time for inclusion in the City website and promotional activity. The City provides a link to Association websites at wwut.cityofiniltontra.us Associations must notify City of any web address changes. 11- RETURNING PLAYER/CITY RESIDENT REGISTRATION Per the terms of the MOU between the cities of Milton and Alpharetta, the City has implemented a three -tiered registration process. Associations must adhere to this registration process as outlined in this document as long as the MOU is in effect. "Priority Registration" is the first registration period. "Priority Registration" is defined as registration for all City of Milton residents as well as City of Alpharetta residents who are eligible as "returning" participants to re -enroll into the program they participated in during the most recent season of activities provided space is available. The second registration period, "City of Alpharetta Registration," begins two weeks after Priority Registration begins. During "City of Alpharetta Registration," all City of Milton and City of Alpharetta residents are eligible to register for programs provided space is available. The third registration period, "Open Registration," begins four weeks after Priority Registration begins. During "Open Registration," anyone is eligible to register for programs provided space is available. 12- CITY RESIDENCY REQUIREMENT FOR TRAVEL/SELECT/ELITE TEAMS The mission of the Department is to provide quality programs and the promotion of healthy activities for all residents. Limited advanced level programs are permitted to provide higher level athletic competition for young people. Residency requirement guidelines ensure that travel/select/elite/feeder teams are formed in the best interest of the City resident participants. These guidelines also ensure that City residents are fairly represented on these teams, City assets and resources are utilized in the best interest of City resident participants, and to foster long-term success of the Association's competitive youth athletic program. GUIDELINES: A. Open, advertised tryouts must be held prior to team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. Per the terms of the MOU, effective December 1, 2012, City of Alpharetta residents who participate in Milton recreation programs shall be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed, but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. Associations are limited to one advanced level (feeder, select, elite or travel) team per age group. Associations may also form up to two all-star teams per age group provided 100% of the members on the all-star team participated in the recreation level of the sport in the season that immediately preceded the creation of the All-Star team. 13- FACILITY USE - RESTRICTIONS Each Association is organized to provide league play for youth, including player evaluations, pre -season player and coach clinics, league practices, scrimmages, games, and post -season tournaments. All field use shall be coordinated with the Department ninety (90) days prior the start of the season. Hosting of camps and tournaments involving participants from outside the association's own program along with participants in the Association's own program is allowed, but requires coordination with and written consent of the Department. Associations must seek approval from the City to host outside camps and tournaments at the parks at least ninety (90) days prior the proposed event. Field rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The Association is specifically not permitted to sublet facilities to any individual or organization. The Association's Facility Use Agreement is for the Association's own use. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual facility use agreement. The City will provide two storage buildings for use by the Associations. The city will designate which Associations get assigned to each building. Sharing storagespace with another Association is expected. These storage buildings are not the property of the Associations. Each Association is expected to work together in their shared space, keep the facility neat and clean, and keep the facility secured. Failure to do so may result in expulsion from the storage facility. 14- CAPITAL IMPROVEMENTS Capital improvements may be suggested by the Association for budgetary consideration. Financial partnerships (50/50) between the Associations and the Department for mutually agreed upon projects are encouraged. 15- CHANGES TO PROGRAM CONTENT, STRUCTURE, PHILOSOPHY, ETC. Each Association shall communicate to the PRAB liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the Association which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: • Addition/elimination of any age or skill level • Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) • Association by-laws • Board structure and composition • Schedule of fees for participants • Anything that would be in direct conflict with existing City/Department policies Association shall notify liaisons as soon as the idea for a substantial change is included on an Association meeting agenda. Upon notification by the Association, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the Association to implement the substantial change, the Association may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the Association, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the Association to implement the substantial change. The approval levels are noted as follows: a. Association Board and members only b. Department Director or his/her designee c. Milton Recreation PRAB d. Milton Mayor and City Council 10 16- SPONSORSHIPS/ADVERTISING Associations are allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for Associations to assist the City in funding capital projects benefitting the parks and facilities they use. Associations are not permitted to obtain sponsorships, including direct financial aid and/or in-kind donations, from any religious organization, individuals, and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco -related products/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented will be handled as an addendum to this agreement when those details are worked out. REQUIREMENTS OF ASSOCIATIONS 1- FACILITY USE AGREEMENT Any Association operating on City property must sign the City's Facility Use Agreement, attached hereto, prior to the start of the calendar year. The agreement is issued on an annual basis, and specifically identifies the facilities to be used by the Association and the terms of that use. Adherence to all policies and procedures in this manual is considered part of the Facility Use Agreement. The City retains the right to change these guidelines and policies at any time, without advance notice, as it deems appropriate. Any changes will be communicated to the Association within five (5) business days after the change has been made and approved. With respect to renewal of this agreement, any Association currently holding a Facility Use Agreement will receive priority, unless the City has reason to revoke the agreement. Facilities not in use will be distributed on a first come first served basis. 2- COACH CERTIFICATION AND TRAINING Association must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, National Cheerleading Association. The Association may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Department. In addition, it is the responsibility of the Association to ensure that all of their coaches, volunteer and professional, head coaches and assistants complete all legally mandated training programs before being permitted to coach a team. Association must provide documentation of such training to the City as required by the current City Policy. • Concussion Awareness Training • Mandatory Child Abuse Reporting Requirement • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 3- SELECTION OF COACHES Associations are responsible to select qualified coaches for their program. Each Association shall establish their own criteria to determine qualifications of coaches, such as coaching experience, past playing experience, etc. 4- FEES AND CHARGES Note: Each Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 12 Registration Fees All registration fees shall be fair and equitable to all participants. Associations shall communicate to participants what the registration fee covers, including the anticipated number of practices and games per season. Registration fees shall be derived from predicted costs to operate the program, to fund Association operations, to fund City commissions and to fund park capital improvements (current and fixture) that mutually benefit the City and Association. Registration fees shall include the total cost of operating the association's program to include but not limited to; cost of uniforms, player awards, umpires/officials, equipment for the league/teams, first aid supplies, marketing, web administration, general maintenance of facilities, etc. Non -Resident Fees All program participants who reside outside the city limits of Milton and Alpharetta will be assessed a non-resident fee. Association shall pay the City non-resident fees for each Association non-resident participant in their program. This fee shall be paid for each athletic season held each year (fall, winter, spring, and/or summer), and must be paid to the City no later than thirty (30) days after the invoice is sent. Association non-resident fees shall be calculated at 50% more than the resident registration fee. The Association will be responsible for the determination of city residence during the registration period. Within two weeks after receiving the Association's participation list with addresses, the Department will verify player residency and submit an invoice to the Association. The programs commission and non-resident fee will be paid directly to the City of Milton based on the Department's verification of player residency. The Association is responsible for remitting non-resident fees for all non -City participants, regardless of whether or not it was collected by the Association. City of Milton employees and their immediate family members, regardless of where they reside, are considered Residents and may register during the Resident registration period. Non-resident fees are waived for these participants. Associations should contact the Department to verify employee status. Scholarships The Association should make available a reasonable number of scholarships for participants requiring assistance. The Association shall determine the eligibility criteria for scholarship recipients and shall determine whether or not to charge non-resident fees to scholarship recipients. Regardless, the Association is responsible to pay the City non- resident fees for non-resident scholarship recipients to the City. Admission Fees Associations are not allowed to require an admission fee to any normal association play. Admission fees may be collected for tournament play or other special events, upon approval of the Department. The Association must submit a letter of request in order to have an admission fee request approved. 13 5- PROGRAM/FACILITY SCHEDULES Associations are required to submit all master schedules to the Department prior to the beginning of use of any City facility. This includes tryout dates, practice schedules, opening ceremonies, game schedules, special events such as player clinics, all forms of advanced level teams' schedules, etc. These schedules should be submitted ninety (90) days prior to the beginning of any program. Facility use outside the scope of the Facility Use Agreement must be requested through the Department and is not guaranteed. 6 SAFETY/ACCIDENT PREVENTION Associations are responsible for operating their programs in a safe and effective manner. All fields, equipment and other facilities should be inspected before each use. Associations should have an adequate number of adults present at each scheduled activity to supervise the participants from the outset to the close of the program. League officials are responsible for insuring that all programs are operated under safe weather conditions. Safety plans should be implemented in case hazardous situations should occur. 7 DISCRIMINATION Associations must provide equal opportunity without regard to race, color, religion, sex, national origin, age, veteran's status, and disability. Associations must comply with the Americans With Disabilities Act (ADA) of 1990 and provide reasonable accommodations to members of the public, if so requested, unless participation would create a risk to any participant. MAINTENANCE/FACILITY UPKEEP The Department will be responsible for all field and facility preparation for all practices and games. This includes game day facility preparation, grass mowing, and lining of baseball and softball fields. Parks Services staff will prepare the grass baseball fields once per week day, three times on a Saturday and once on a Sunday. The multi -use synthetic turf fields will be prepared once per day. Preparation of any field will only be performed on days that there are previously scheduled activities, in accordance with the submitted and approved schedule. Associations are responsible to report any and all facility maintenance issues to the Department as soon as they are noticed. Associations are required to provide safe sports equipment for participants. Associations are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes playing areas, walkways, restrooms, concession stands, dugouts, etc. Associations should take proper steps to ensure that scheduled activities do not infringe on park neighbors or other park users. This includes reducing excessive noise, excessive traffic, parking problems, etc. 14 WEATHER POLICIES The Department will determine if fields are playable. Associations will be notified as early as possible if the fields are not playable. Associations are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Association is responsible for determining field playability. Associations are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. For the safety of all, the City of Milton uses a lightning detection system to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to clear all fields, the dugouts and the playground and get to safety. When the system detects that the conditions have improved to a safe level, the strobe light will be turned off and there will be three short blasts from the siren. At this point, play may be resumed. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. Associations that do not have their own established Hydration and Heat Guidelines must adhere to the Hydration and Heat Related Guidelines observed by the Department. In summary, outdoor activities must be canceled if the WBGT (Wet Bulb Globe Temperature) is over 92 degrees. Associations that do not have their own established Cold Weather Policy must adhere to the Cold Weather Policy observed by the Department. The policy is as follows: If the official Milton, GA temperature according to www.weatlier.com is forecasted to be 38 degrees or lower at the time of the scheduled practice or game, it is recommended that the scheduled event be cancelled. If the temperature reaches 32 degrees, it is mandatory the event be cancelled. Milton Parks and Recreation Department cancels and/or postpones all youth programs and activities whenever Fulton County Schools are closed for inclement weather. Associations shall follow this procedure. 10 CONCESSIONS OPERATIONS Associations must comply with Fulton County Health Department regulations for concessions operations. All beverage products that are sold must be purchased under the terms of the City's beverage provider contract. Failure to adhere to the terms of the City's beverage provider contract may result in termination of the facility use agreement. The City shall ensure that Associations maintain contact with the City's beverage products' representative. Details of concession operations will be addressed in the future as an addendum to this document. 15 11 RESTROOMS Associations are encouraged to inspect the restrooms and report any deficiencies to the City. The City is responsible for the supply of paper products and general maintenance that may occur. 12 SECURING OF FACILITIES An Association Board member should be responsible for securing facilities after each use, including all practices and games. This includes closing and locking of all buildings, the turning off of all lights and scoreboards, and ensuring all necessary gates are closed and secured. Association board members and coaches are asked to turn off lights and scoreboards immediately following the last practice or game of the night. Pending the completion of the park renovation, this item may be subject to modification under an addendum. 13 INCIDENTS INVOLVING VANDALISM AND ACCIDENT OR INJURY Vandalism must be reported to the Police Department immediately by calling 911. The Association must report damage to City of Milton facilities or buildings to the Department immediately. If damage is a result of the Association's negligence or failure to comply with accepted operational or security measures, the Association may be held responsible for reimbursing the City for all or part of the repair cost. 14 SCOREBOARDS AND CONTROLLERS Scoreboard control boxes may be used under the following guidelines: a. The Association President must acknowledge use and responsibility of all scoreboard controllers prior to the start of the season; b. Scoreboard controllers that are damaged, lost or destroyed must be immediately reported to the Department; C. A minimum of thirty (30) days should be expected for all repairs; d. The Association shall be responsible for the cost of repairs or replacement of any lost or damaged score board controllers due to negligence; e. Scoreboard controllers must be stored at the park in the concession or designated storage area; f. Scoreboard controllers are mated to specific scoreboards and must remain with their respective mate; and g. The Association must turn scoreboards off each evening at the conclusion of activities and assure that scoreboards are off on fields not in use. A monetary penalty may be assessed against the Association for scoreboards left on unnecessarily. There is a constant expense associated with scoreboards that requires constant management by the Association. 15 DAMAGE TO TURF GRASS If damage to the turf grass occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions) by the Association, the City will require the Association to purchase replacement sod and incur 16 any other cost necessary to repair the damaged area and to make the playing fields safe. The Department will determine sod renovation needs. lb METAL CLEATS The use of any form of metal cleats is strictly prohibited on the synthetic turf fields. The Association will be held accountable for the cost of repairs of any damaged artificial turf. 17 KEYS Keys will not be distributed to the Associations. The City will provide code based locks for those elements of the park that the Associations need access to. Periodically, the Department will change the combinations to buildings, gates, and electrical boxes. The Department will notify affected Association of any changes, and will supply new combinations as needed. 18 PUBLICITY Associations should regularly provide the Department with information on activities which the Association wishes for the City to promote. The Department will review information and notify Association within five (5) business days if any changes need to be made in order to comply with established guidelines. The use of social media which the City can share on social media is strongly encouraged. The Department must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult booklvideo stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. The Department will provide links to Association websites on the City's website. The City will help with the marketing of registration information. City may send news releases to local media outlets; include information in the e -newsletter and Facebook page, etc. The City will not pay for Association advertising, flyers, mailings, etc. The links and all promotional media provided to the City, by the Association, must be to promote only those programs for which the City is a partner. If an Association is running any activities that are not formally sanctioned by the City, those activities cannot be on the website that the City's promotional activity will point to. 19 PUBLIC USE OF FIELDS The Facility Use Agreement applies only to organized league play for the duration of the agreement as specified on the agreement. Unless otherwise scheduled, the facilities are available to the public on a first come first serve basis, or may be rented by the Department to outside groups in accordance with the established City policies. The City will not rent facilities to teams and programs that compete with the City's partner Associations. 17 20 ACCIDENT/INCIDENT REPORTS (attached) The Association is responsible for filing an accident/incident report to the City which documents the details of any accident, injury, or incident which occurs on City property. The report should detail what occurred, the time of the accident/incident, where it occurred, who was involved, and who witnessed the accident/incident and filed the report. A copy of the accident/incident report is included in this manual. The report shall be submitted to the Department within twenty-four (24) hours of the accident/incident. Any and all accidents/incidents must be reported. 21 PARTICIPANT EVALUATIONS All participants in Association programs must be given an opportunity to complete a participant evaluation at the conclusion of each athletic season in which he/she participated. The evaluation should include questions pertaining to the administration and organization of the program (i.e. ease of registration, quality of the coaches, program structure, program content, etc.), and the condition and appearance of the Department facilities. The Association should ask participants for comments and suggestions to improve the program. A summary of participant evaluations should be prepared and distributed to the Department within two months at the end of each season. Upon request, the Association must make completed participant evaluations available to the Department. City reserves the right to conduct independent participant surveys. 22 BACKGROUND CHECK - VOLUNTEERS All Association board members and any individual who wants to coach a youth team shall go through the a criminal history background check once per calendar year. All background checks must be performed in accordance with the established City policy. 23 BACKGROUND CHECK — OFFICIALS AND UMPIRES Each Association who has a contractual agreement with an outside vendor to provide officiating services for the Association shall require, as part of the written agreement, that all officials/umpires 18 years of age and older who will be scheduled to officiate at Association activities complete a criminal history background check prior to officiating any games for the Association. The background check should be performed once per calendar year. The Association shall require appropriate documentation of completion of background checks. Documentation must be maintained on file by the Association. 24 CHILD ABUSE REPORTING LAW Volunteers who work with children are required by law to report suspected child abuse. The mandatory reporting requirement is a provision in HB 1176, the criminal justice reform bill signed by Governor Nathan Deal on May 2, 2012. Specifically, HB 1176 changed the definition of "child service organization personnel" to include volunteers. N The new law defines "child service organization personnel" as follows: "Child service organization personnel" means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children." In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 25 CONCUSSION AWARENESS POLICIES AND PROCEDURES O.C.G.A. § 20-2-324.1 requires agencies to educate youth athletes and their parents on the dangers of concussions in youth athletic activities. The Georgia Department of Public Health is referring everyone to the "Heads Up — Concussion in Youth Sports" program offered by the CDC. The following is a link to the program: http:/Iw,Arw.edc.gov/coneussion/HeadsUp/online trainina.html. It is the policy of the Department to educate coaches, referees, employees, instructors of at -risk activities, trainers, parents, and participants of the signs, symptoms and behaviors consistent with sports- and activity -induced concussions. Further, the Department requires that any participant, under the age of 18, suspected of a concussion or head injury must be removed from the activity and it is recommended that the participant be examined by a licensed health care provider. If a participant is deemed by a licensed health care provider to have sustained a concussion, Department personnel or other designated personnel (coaches, referees, instructors of at -risk activities, trainers, and parents) shall not permit the participant to return to play until he or she receives documented clearance from a licensed health care provider for a full or graduated return to play. In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 19 CITY AND PARK ORDINANCES Associations are responsible for adherence to all City and park ordinances. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1(a)(1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike, or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. 20 (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. 0) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (1) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2,10-20-2014) 21 PARK/FACILITY REGULATIONS 1. Associations conducting youth activities on City facilities must have an appropriate amount of adults supervising the activities conducted by the Association from the outset to the conclusion of the activity, 2. Spectators, Parents, Coaches, or Officials of an organization must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of this agreement. All Associations are encouraged to enact and enforce a policy of ZERO tolerance for abusive behavior while at an Association event. 3. The park belongs to all of the residents of Milton. The Associations are asked to enact and encourage a policy of "Leave It Cleaner Than When You Arrived" with regard to all elements of the park. The Association is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 4. Association representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the aminal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 10. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department — 678-242-2489 or jim.cregQe(e),citvofmiltonaa.us 22 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CYSA 678-242-2489 jim.cm:( ye@cityofmiltonga.us Recreation Program Coordinator 23 City of Milton Accident / Incident Report Form Date of accident/incident Time of accident/incident Facility where accident/incident occurred Specific location of accident/incident within the facility Number of persons involved Police notified _Y _N Information on persons involved in the accident/incident: EMS notified ,Y _N NAME (please print) PHONE Under the age of 18 Day: Evening: Evening: Day: Day: Evenin Evening: Day: Day: vening: Evening: Day: Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening: Day: Evenin Day: vening: Day: Evening: ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment *Photos of accident/incident site taken Person completing form (Print name) Person completing form Day phone Y N Y N Signature Date Evening phone ** Take photographs of the accident/incident site as soon as practical but within 24 hours of the accident/incident Fax or email completed form to Department Director at 678-242-2499 or j im. cre6geZcityofmiltonaa.us 24 FACILITY USE AGREEMENT This agreement, made this day of , 20 , by the City of Milton ("City") and New Found Life Youth Football League a Georgia non-profit corporation called the "Association." Witnesseth In consideration of the mutual agreements contained in this document, the City and Association agree as follows: The Association agrees to provide a youth sports program (organized league play), to wit tackle football, flag football and cheerleading as a service for the City in accordance with all policies and procedures for youth sports associations operating on City property including the Youth Athletic Association Facility Organizational Requirements Manual to which this Agreement is attached. The term of this agreement will begin and continue through December 31, 2015. A new agreement must be signed for each calendar year. 3. The City agrees to authorize the Association to use fields and facilities as listed below at Bell Memorial Park. The agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, etc.) for approved league play unless otherwise specified. TIMES: (See Addendum for times) on FIELD One (1) DATES: From the opening of the park until December 31, 2015 4. In consideration for the usage of the facilities, the Association agrees to a direct payment to the City of thirty (30) % commission on all registration fees and 100% of all applicable non-resident fees. 5. In addition, the Association voluntarily agrees to pay the following fees affiliated with their program: (None) 6. The Association agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 7. Association shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Association without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. Failure of the City to insist upon strict performance of any term or condition of this agreement shall not be a waiver of any right or remedy the City may have, and shall not be a waiver of any subsequent breach of terms or conditions. 25 The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 10. It is agreed and understood that the Association shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third parry arising out of, or by reason of, or resulting from the willfal or negligent acts, errors, or omissions of the Association or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the Association's responsibility to indemnify. The Association shall maintain at all times during the term of this agreement insurance coverages as set forth in the Youth Athletic Association Organizational Requirements Manual. 11. This agreement may be modified only by a written agreement between the City and the Association. 12. It is the understanding of the City and the Association that nothing contained in this agreement shall be interpreted to assign to the Association any status under this agreement other than that of an independent Association. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Association is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Association agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Association and the City and the City will not be liable for any obligation incurred by Association, including but not limited to unpaid minimum wages or overtime premiums. 13. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 9.! 14. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ASSOCIATION NAME: ADDRESS:11� CITY/STATE/ZIP:_ PHONE: WEBSITE: \l j W . CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 678-242-2489 www.citvofmiltonga.us 'it m.cregge(a)cityofmiltonga.us 15. It is agreed between the City and the Association that this agreement may be executed in counterparts, each of which shall constitute an original. 16. The City has designated the Director of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Association in the execution of the terms of this agreement. 17. The Association shall not have the right to assign the interest it holds in this agreement. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 19. The Association may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 20. The Association agrees to adhere to all relevant City policies and procedures (including, but not limited to the City's Youth Athletic Association Organizational Requirements Manual) in effect as of the date of this Agreement (which policies and procedures the Association has received and reviewed) or as may be duly adopted by the City during the terns of this Agreement. 21. The Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 27 22. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and/or the City's Youth Athletic Association Organizational Requirements Manual, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 23, The Association acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Association under this Facility Use Agreement were funded by the taxpayers of the City and are owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Association is subject to the Open Records and Open Meeting laws of the state of Georgia. The Association agrees to comply with those laws. To the extent that the Association is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The Association further agrees that all books and records of the Association shall be made available to the City of Milton as and when requested for review or audit. 24. City shall have the right to terminate this Agreement upon failure of Association to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Association with a written notice specifying Association's failure to perform, and providing Association with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that Association fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately terminate the Agreement by providing written notice of termination to Association. Association shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Association. Prior to exercising this right of termination, Association shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the Association, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Association shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. 28 I hereby acknowledge and understand that the Association, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City, including those contained within the City's Youth Athletic Association Organizational Requirements Manual to which this agreement is attached. I understand that failure of the Association or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ASSOCIATION: By: President Name 1 Yin P_ {-efz- (Typed or Printed) Date ;, 20 t__� qttest, Secret SIGNED, SEALED, AND DELIVERED in the presence of: Witness ZANE DAYTON GOGGINS �t'ffny State of Georgia 2016 CITY: By: Joe Lockwood Mayor, City of Milton Date: 29 ADDENDUM TO FACILITY USE AGREEMENT WHEREAS, the City of Milton, Georgia (the "City") and NFL Youth Football League, Inc. ("NFL YFL") desire to modify that Facility Use Agreement (the "Agreement") dated the day of , 2015, to which this Addendum is attached. NOW THEREFORE, the parties hereto agree to amend the Agreement, including modifications to the Youth Athletic Association Organization Requirements Manual (the "Manual"), as follows: 1. Manual Legal and Organizational Requirements Item 4: This provision is applicable only to the Advisory Board of the NFL YFL that administers the tackle and flag football programs. The parties recognize that other entities under the NFL YFL umbrella conduct activities that are not sanctioned by the City of Milton and therefore not bound by this requirement. Manual Association Requirement Item 2: USA Football is added to the list of approved coaching certification clinics. Manual Association Requirement Item 4: The fees for unifonns are not considered part of the registration fee. Manual Association Requirement Item 9: The weather policy is amended to permit play to continue up to the point that the temperature drops to 20 degrees Fahrenheit. Should the temperature drop below 20 degrees Fahrenheit, the activity will be immediately stopped without regard to the status of the activity. Agreement Item 3: The NFL YFL program will have use of the designated field for scheduled activities on Mondays through Fridays from 5:00 PM to 10:00 PM, Saturdays from 9:00 AM to 10:00 PM and Sundays from 1:00 PM to 8:00 PM during the calendar period that Football is authorized on the designated field. Unscheduled time reverts immediately back to the City of Milton for any usage designated by the City. 2. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Addendum shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 21 SIGNED, SEALED, AND DELIVERED in the presence of: QDD�A�AjULWA--1 Witness ;Orl�to ON COGGINS #�drg a My Commission Expires Aug 14, 2016 NFL YOUTH FOOTBALL LEAGUE, INC.: By: Tim Lester, Pres' ent y Att ie este e [AFFIX CORPORATE SEAL] CITY OF MILTON: By: Joe Lockwood Its: Mayor [CITY SEAL] HOME OF ' iL I LTO N ft ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 9, 2015 FROM: City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between the City of Milton and Hopewell Youth Association, Inc. MEETING DATE: Monday, June 15, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {,Ij APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED. YES APPROVAL BY CITY ATTORNEY X) APPROVED PLACED ON AGENDA FOR: p(a t S I S REMARKS O NOT APPROVED () NO O NO (} NOT APPROVED 9110 your *** PHONE: 678.242.2500 I FAX: 578.242,2499- 0G re a Irk *cRn i ��i info@cityofmiltonga.us � www.cityofmiitonga.us ��: Community (FL;;�' 13000 Deerfield Parkway. Suite 107 � Milton GA 30004 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on June 9, 2015 for the June 15, 2015 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between The City of Milton and Hopewell Youth Association, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between The City of Milton and Hopewell Youth Association, Inc. Executive Summary: The Hopewell Youth Association, Inc. is entering its 29th season of service to The City of Milton community. This program will offer baseball at Bell Memorial Park. Funding and Fiscal Impact: The pricing varies based upon the age group and the season. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to continue our research to find another youth baseball program provider. Legal Review: Paul Higbee – Jarrard & Davis, April 9, 2015 (Contract Template) Paul Higbee – Jarrard & Davis, May 11, 2015 (Addendum Template) Concurrent Review: Chris Lagerbloom, City Manager Page 2 of 2 Attachment(s): 1) Parks and Recreation Department Facility Use Agreement and Addendum between The City of Milton and Hopewell Youth Association, Inc. HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' m 1� I T . II)r ON ESTABLISHED 2006 YOUTH ATHLETIC ASSOCIATION ORGANIZATIONAL REQUIREMENTS MANUAL AND FACILITY USE AGREEMENT TABLE OF CONTENTS PAGE: Department Mission and Philosophy 3 Legal and Organizational Requirements 4-11 Requirements of Associations 12-19 City and Park Ordinances 20-21 Park/Facility Regulations 22 Recreation and Parks Personnel/Contact Information 23 City of Milton Accident/Incident Report Form 24 Facility Use Agreement 25-29 DEPARTMENT MISSION AND PHILOSOPHY The City of Milton Parks and Recreation Department is committed to providing quality programs and the promotion of healthy activities for all residents. We welcome non-residents who wish to participate in our programming. Our primary focus is on recreation level activities with limited opportunities for advanced levels of play, provided that it does not come at the expense of a recreation level activity. In all programs, the recreation level activities will be the first priority for field usage. Associations and the leaders of these Associations are expected to understand and promote the mission and philosophy of the City of Milton to serve the citizens of Milton. Association members are ambassadors for the City as well as their affiliate Association. While serving as a volunteer for the Association, members are expected to conduct themselves in an ethical and professional manner. LEGAL AND ORGANIZATIONAL REQUIREMENTS In order to qualify as a Youth Athletic Association ("Association") and to operate on City of Milton ("City") property, each Association must adhere to certain minimum legal and organizational requirements. These requirements are a part of the Facility Use Agreement which must be signed by each Association prior to the operation of any activity on City property. These requirements are necessary in order to insure the safety and well-being of all participating Associations. The signing of the Facility Use Agreement indicates the Association's assumption of the financial responsibility for the program, as well as the management of the program participants and volunteers. The City will not be held responsible for the finances or the program management. Violation of the above mentioned responsibilities constitutes cause for the revocation of the agreement. The requirements are as follows: 1- CORPORATE REGISTRATION Each Association must be a federally registered 501(c)3 non-profit organization and licensed to operate in the State of Georgia. Proof of the current registration status must be on file with Milton Parks and Recreation Department ("Department"). 2- BYLAWS Associations shall furnish a current copy of their by-laws to the Department. By-laws must be on file or submitted with the signed Facility Use Agreement. 3- MEMORANDUM OF UNDERSTANDING WITH CITY OF ALPHARETTA On November 5, 2012, the City Councils of Milton and Alpharetta entered into a Memorandum of Understanding ("MOU") for recreation and parks programs. The purpose of the MOU is to take an initial step to foster a long-term mutually beneficial relationship between Milton and Alpharetta as it relates to parks and recreation programs and services as a way to better serve the cities' respective citizens, offer a wider variety of recreational services, and grow the relationship between the Cities such that similar opportunities can be developed over time. In exchange for an annual payment from the City of Milton to the City of Alpharetta, Alpharetta residents shall be allowed to register for all Milton recreation programs and affiliated Association programs, and rent facilities and shall pay the same fees as Milton residents, provided space is available. Alpharetta shall waive non-resident fees for Milton residents who participate in Alpharetta recreation programs. City residents who participate in Milton/Alpharetta recreation programs shall be considered residents of that City for the purpose of travel/select teams with resident composition requirements and adults will meet affiliated youth athletic association board member resident composition requirements. The privileges of advanced registration and the same fee structure for recreation and parks programs for City of Milton and City of Alpharetta residents shall be in effect for the duration of the Memorandum of Understanding between the Cities. For these guidelines, the word "Resident" shall include residents of the cities of Milton and Alpharetta, unless noted otherwise. 4- ELECTION OF OFFICERS The Board of Directors ("Board") shall be the governing body of each Association for the operation of the affairs of the Association as documented in the bylaws. Each Association board must be comprised of a majority of Residents upon election or appointment, and each Association should strive to achieve a minimum of sixty percent (60%) Residents on the Board. The Board of Directors must be elected annually or as mandated by the Association's by-laws, but no less than once every two years, by the Association membership. A Department employee and a member of Milton Parks and Recreation Advisory Board ("PRAB") must be notified of and invited to attend all Board meetings. The Department Director will appoint the employee liaison to the Board. The Chairman of the PRAB will appoint the PRAB liaison(s) to the Board on an annual basis. Open advertised election of the Board is mandatory. All members of the Association as defined by the bylaws shall have the opportunity to vote. A notice of upcoming elections must be sent to the Department, and shall be posted on the Association website at least thirty (30) days prior to the elections. Associations are encouraged to email notice of elections to all participant families and to post flyers at the park. Elections should be held in an easily accessible central location when there are normal Association activities scheduled at the park to provide the best opportunity for members to vote. Associations are also encouraged to provide a process for members to vote electronically. To serve as a member of the Association executive committee, a candidate must have a child actively participating in the Association program at the time of the elections. The Association must furnish a list of all elected board members, addresses, email addresses, telephone numbers (home and office) to the Department no later than one month after the elections. City will verify residency and notify PRAB liaison of City resident percentage of newly elected board. 5- ASSOCIATION MEETINGS AND ANNUAL MEETING Upon request, Association must provide copies of meeting minutes from Association membership and board meetings to Association members and City. It is recommended that meeting minutes be posted on the Association website. Each Association must schedule a minimum of one (1) annual membership meeting. This meeting shall be for the purpose of electing board members, and any other necessary business. Efforts must be made to contact all members, and the Department must be notified of the meeting. Notice of said meeting must be posted at Department facilities and on the Association website two weeks prior to meeting date. 6- CAPACITY PLAN A projection of the field space requirements must be submitted to the Department at least ninety (90) days prior to the start of registration for a season. Extra facility space is not available through the City. The Association may seek to utilize facility space at other non -City locations. The Association is financially responsible for field usage fees at non - City locations if applicable. Field time not used by the Association reverts to the City for use as needed. 7- FINANCIAL REPORTS The Official Code of Georgia Annotated requires all corporate minutes and books of account be held open for inspection by any member of the Association at any reasonable time. The City assumes no responsibility for the financial well-being or outstanding debts of Associations. Each Association must provide the City with an annual Financial Statement to include a summary of operating income and expenses, capital expenditures, registration fees charged to participants, Federal and State tax returns, and profit and loss statement. 8- LIABILITY INSURANCE COVERAGE 8.1 Association shall not provide any service until all insurance required under this paragraph has been obtained and approved by the City. 8.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 8.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Provider shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The Provider shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. M 8.4 Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit — each occurrence $2,000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate Association shall have its insurer name the City of Milton as an additional insured on its General Liability policy. 8.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the Association shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the Association. The Association and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation B. Employer's Liability Statutory $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If Association or its subcontractor claims to be exempt from this requirement, Association shall provide City proof of such exemption along with a written request for City to exempt Association, written on Association or subcontractor's letterhead. 8.6 Association shall also maintain Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 9- PARTICIPATION REPORTS All Associations are required to submit a list of registered players to the Department no later than thirty (30) calendar days after the end of the established program registration period. The list shall be provided in an electronic Tormat (i.e. Microsoft Excel) and shall include each player's name, street address, city, zip code and email address. The Department will use the list to verify the resident status of registered players and shall not use the list to promote Department programs, without prior consent of the Association. After the City has verified residency of participants, the City will issue an invoice to the Association for non-resident fees payable to the City. NOTE: It is imperative that participation information be sent to the Department as soon as possible in order for Department to verify addresses. Association may send participant information at any time during their registration period for Department to check residency status of participants. 10- REGISTRATION Associations are encouraged to provide registration dates to the Department in time for inclusion in the City website and promotional activity. The City provides a link to Association websites at www.cityofmiltonga.us Associations must notify City of any web address changes. I I- RETURNING PLAYER/CITY RESIDENT REGISTRATION Per the terms of the MOU between the cities of Milton and Alpharetta, the City has implemented a three -tiered registration process. Associations must adhere to this registration process as outlined in this document as long as the MOU is in effect. "Priority Registration" is the first registration period. "Priority Registration" is defined as registration for all City of Milton residents as well as City of Alpharetta residents who are eligible as "returning" participants to re -enroll into the program they participated in during the most recent season of activities provided space is available. The second registration period, "City of Alpharetta Registration," begins two weeks after Priority Registration begins. During "City of Alpharetta Registration," all City of Milton and City of Alpharetta residents are eligible to register for programs provided space is available. The third registration period, "Open Registration," begins four weeks after Priority Registration begins. During "Open Registration," anyone is eligible to register for programs provided space is available. 12- CITY RESIDENCY REQUIREMENT FOR TRAVEL/SELECT/ELITE TEAMS The mission of the Department is to provide quality programs and the promotion of healthy activities for all residents. Limited advanced level programs are permitted to provide higher level athletic competition for young people. Residency requirement guidelines ensure that travel/select/elite/feeder teams are formed in the best interest of the City resident participants. These guidelines also ensure that City residents are fairly represented on these teams, City assets and resources are utilized in the best interest of City resident participants, and to foster long-term success of the Association's competitive youth athletic program. GUIDELINES: A. Open, advertised tryouts must be held prior to team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. Per the terms of the MOU, effective December 1, 2012, City of Alpharetta residents who participate in Milton recreation programs shall be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed, but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. Associations are limited to one advanced level (feeder, select, elite or travel) team per age group. Associations may also form up to two all-star teams per age group provided 100% of the members on the all-star team participated in the recreation level of the sport in the season that immediately preceded the creation of the All-Star team. 13- FACILITY USE - RESTRICTIONS Each Association is organized to provide league play for youth, including player evaluations, pre -season player and coach clinics, league practices, scrimmages, games, and post -season tournaments. All field use shall be coordinated with the Department ninety (90) days prior the start of the season. Hosting of camps and tournaments involving participants from outside the association's own program along with participants in the Association's own program is allowed, but requires coordination with and written consent of the Department. Associations must seek approval from the City to host outside camps and tournaments at the parks at least ninety (90) days prior the proposed event. Field rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The Association is specifically not permitted to sublet facilities to any individual or organization. The Association's Facility Use Agreement is for the Association's own use. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual facility use agreement. The City will provide two storage buildings for use by the Associations. The city will designate which Associations get assigned to each building. Sharing storage space with another Association is expected. These storage buildings are not the property of the Associations. Each Association is expected to work together in their shared space, keep the facility neat and clean, and keep the facility secured. Failure to do so may result in expulsion from the storage facility. 14- CAPITAL IMPROVEMENTS Capital improvements may be suggested by the Association for budgetary consideration. Financial partnerships (50/50) between the Associations and the Department for mutually agreed upon projects are encouraged. 15- CHANGES TO PROGRAM CONTENT, STRUCTURE, PHILOSOPHY, ETC. Each Association shall communicate to the PRAB liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the Association which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: • Addition/elimination of any age or skill level • Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) • Association by-laws • Board structure and composition • Schedule of fees for participants • Anything that would be in direct conflict with existing City/Department policies Association shall notify liaisons as soon as the idea for a substantial change is included on an Association meeting agenda. Upon notification by the Association, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the Association to implement the substantial change, the Association may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the Association, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the Association to implement the substantial change. The approval levels are noted as follows: a. Association Board and members only b. Department Director or his/her designee c. Milton Recreation PRAB d. Milton Mayor and City Council 10 16- SPONSORSHIPS/ADVERTISING Associations are allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for Associations to assist the City in funding capital projects benefitting the parks and facilities they use. Associations are not permitted to obtain sponsorships, including direct financial aid and/or in-kind donations, from any religious organization, individuals, and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco -related products/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented will be handled as an addendum to this agreement when those details are worked out. 11 REQUIREMENTS OF ASSOCIATIONS 1- FACILITY USE AGREEMENT Any Association operating on City property must sign the City's Facility Use Agreement, attached hereto, prior to the start of the calendar year. The agreement is issued on an annual basis, and specifically identifies the facilities to be used by the Association and the terms of that use. Adherence to all policies and procedures in this manual is considered part of the Facility Use Agreement. The City retains the right to change these guidelines and policies at any time, without advance notice, as it deems appropriate. Any changes will be communicated to the Association within five (5) business days after the change has been made and approved. With respect to renewal of this agreement, any Association currently holding a Facility Use Agreement will receive priority, unless the City has reason to revoke the agreement. Facilities not in use will be distributed on a first come first served basis. 2- COACH CERTIFICATION AND TRAINING Association must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, National Cheerleading Association. The Association may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Department. In addition, it is the responsibility of the Association to ensure that all of their coaches, volunteer and professional, head coaches and assistants complete all legally mandated training programs before being permitted to coach a team. Association must provide documentation of such training to the City as required by the current City Policy. • Concussion Awareness Training • Mandatory Child Abuse Reporting Requirement • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 3- SELECTION OF COACHES Associations are responsible to select qualified coaches for their program. Each Association shall establish their own criteria to determine qualifications of coaches, such as coaching experience, past playing experience, etc. 4- FEES AND CHARGES Note: Each Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 12 Registration Fees All registration fees shall be fair and equitable to all participants. Associations shall communicate to participants what the registration fee covers, including the anticipated number of practices and games per season. Registration fees shall be derived from predicted costs to operate the program, to fund Association operations, to fund City commissions and to fund park capital improvements (current and future) that mutually benefit the City and Association. Registration fees shall include the total cost of operating the association's program to include but not limited to; cost of uniforms, player awards, umpires/officials, equipment for the league/teams, first aid supplies, marketing, web administration, general maintenance of facilities, etc. Non -Resident Fees All program participants who reside outside the city limits of Milton and Alpharetta will be assessed a non-resident fee. Association shall pay the City non-resident fees for each Association non-resident participant in their program. This fee shall be paid for each athletic season held each year (fall, winter, spring, and/or summer), and must be paid to the City no later than thirty (30) days after the invoice is sent. Association non-resident fees shall be calculated at 50% more than the resident registration fee. The Association will be responsible for the determination of city residence during the registration period. Within two weeks after receiving the Association's participation list with addresses, the Department will verify player residency and submit an invoice to the Association. The programs commission and non-resident fee will be paid directly to the City of Milton based on the Department's verification of player residency. The Association is responsible for remitting non-resident fees for all non -City participants, regardless of whether or not it was collected by the Association. City of Milton employees and their immediate family members, regardless of where they reside, are considered Residents and may register during the Resident registration period. Non-resident fees are waived for these participants. Associations should contact the Department to verify employee status. Scholarships The Association should make available a reasonable number of scholarships for participants requiring assistance. The Association shall determine the eligibility criteria for scholarship recipients and shall determine whether or not to charge non-resident fees to scholarship recipients. Regardless, the Association is responsible to pay the City non- resident fees for non-resident scholarship recipients to the City. Admission Fees Associations are not allowed to require an admission fee to any normal association play. Admission fees may be collected for tournament play or other special events, upon approval of the Department. The Association must submit a letter of request in order to have an admission fee request approved. 13 5- PROGRAM/FACILITY SCHEDULES Associations are required to submit all master schedules to the Department prior to the beginning of use of any City facility. This includes tryout dates, practice schedules, opening ceremonies, game schedules, special events such as player clinics, all forms of advanced level teams' schedules, etc. These schedules should be submitted ninety (90) days prior to the beginning of any program. Facility use outside the scope of the Facility Use Agreement must be requested through the Department and is not guaranteed. 6 SAFETY/ACCIDENT PREVENTION Associations are responsible for operating their programs in a safe and effective manner. All fields, equipment and other facilities should be inspected before each use. Associations should have an adequate number of adults present at each scheduled activity to supervise the participants from the outset to the close of the program. League officials are responsible for insuring that all programs are operated under safe weather conditions. Safety plans should be implemented in case hazardous situations should occur. 7 DISCRIMINATION Associations must provide equal opportunity without regard to race, color, religion, sex, national origin, age, veteran's status, and disability. Associations must comply with the Americans With Disabilities Act (ADA) of 1990 and provide reasonable accommodations to members of the public, if so requested, unless participation would create a risk to any participant. 8 MAINTENANCE/FACILITY UPKEEP The Department will be responsible for all field and facility preparation for all practices and games. This includes game day facility preparation, grass mowing, and lining of baseball and softball fields. Parks Services staff will prepare the grass baseball fields once per week day, three times on a Saturday and once on a Sunday. The multi -use synthetic turf fields will be prepared once per day. Preparation of any field will only be performed on days that there are previously scheduled activities, in accordance with the submitted and approved schedule. Associations are responsible to report any and all facility maintenance issues to the Department as soon as they are noticed. Associations are required to provide safe sports equipment for participants. Associations are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes playing areas, walkways, restrooms, concession stands, dugouts, etc. Associations should take proper steps to ensure that scheduled activities do not infringe on park neighbors or other park users. This includes reducing excessive noise, excessive traffic, parking problems, etc. 14 9 WEATHER POLICIES The Department will determine if fields are playable. Associations will be notified as early as possible if the fields are not playable. Associations are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Association is responsible for determining field playability. Associations are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. For the safety of all, the City of Milton uses a lightning detection system to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to clear all fields, the dugouts and the playground and get to safety. When the system detects that the conditions have improved to a safe level, the strobe light will be turned off and there will be three short blasts from the siren. At this point, play may be resumed. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. Associations that do not have their own established Hydration and Heat Guidelines must adhere to the Hydration and Heat Related Guidelines observed by the Department. In summary, outdoor activities must be canceled if the WBGT (Wet Bulb Globe Temperature) is over 92 degrees. Associations that do not have their own established Cold Weather Policy must adhere to the Cold Weather Policy observed by the Department. The policy is as follows: If the official Milton, GA temperature according to www.weather.com is forecasted to be 38 degrees or lower at the time of the scheduled practice or game, it is recommended that the scheduled event be cancelled. If the temperature reaches 32 degrees, it is mandatory the event be cancelled. Milton Parks and Recreation Department cancels and/or postpones all youth programs and activities whenever Fulton County Schools are closed for inclement weather. Associations shall follow this procedure. 10 CONCESSIONS OPERATIONS Associations must comply with Fulton County Health Department regulations for concessions operations. All beverage products that are sold must be purchased under the terms of the City's beverage provider contract. Failure to adhere to the terms of the City's beverage provider contract may result in termination of the facility use agreement. The City shall ensure that Associations maintain contact with the City's beverage products' representative. Details of concession operations will be addressed in the future as an addendum to this document. 15 11 RESTROOMS Associations are encouraged to inspect the restrooms and report any deficiencies to the City. The City is responsible for the supply of paper products and general maintenance that may occur. 12 SECURING OF FACILITIES An Association Board member should be responsible for securing facilities after each use, including all practices and games. This includes closing and locking of all buildings, the turning off of all lights and scoreboards, and ensuring all necessary gates are closed and secured. Association board members and coaches are asked to turn off lights and scoreboards immediately following the last practice or game of the night. Pending the completion of the park renovation, this item may be subject to modification under an addendum. 13 INCIDENTS INVOLVING VANDALISM AND ACCIDENT OR INJURY Vandalism must be reported to the Police Department immediately by calling 911. The Association must report damage to City of Milton facilities or buildings to the Department immediately. If damage is a result of the Association's negligence or failure to comply with accepted operational or security measures, the Association may be held responsible for reimbursing the City for all or part of the repair cost. 14 SCOREBOARDS AND CONTROLLERS Scoreboard control boxes may be used under the following guidelines: a. The Association President must acknowledge use and responsibility of all scoreboard controllers prior to the start of the season; b. Scoreboard controllers that are damaged, lost or destroyed must be immediately reported to the Department; C. A minimum of thirty (30) days should be expected for all repairs; d. The Association shall be responsible for the cost of repairs or replacement of any lost or damaged score board controllers due to negligence; e. Scoreboard controllers must be stored at the park in the concession or designated storage area; f. Scoreboard controllers are mated to specific scoreboards and must remain with their respective mate; and g. The Association must turn scoreboards off each evening at the conclusion of activities and assure that scoreboards are off on fields not in use. A monetary penalty may be assessed against the Association for scoreboards left on unnecessarily. There is a constant expense associated with scoreboards that requires constant management by the Association. 15 DAMAGE TO TURF GRASS If damage to the turf grass occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions) by the Association, the City will require the Association to purchase replacement sod and incur any other cost necessary to repair the damaged area and to make the playing fields safe. The Department will determine sod renovation needs. 16 METAL CLEATS The use of any form of metal cleats is strictly prohibited on the synthetic turf fields. The Association will be held accountable for the cost of repairs of any damaged artificial turf. 17 KEYS Keys will not be distributed to the Associations. The City will provide code based locks for those elements of the park that the Associations need access to. Periodically, the Department will change the combinations to buildings, gates, and electrical boxes. The Department will notify affected Association of any changes, and will supply new combinations as needed. 18 PUBLICITY Associations should regularly provide the Department with information on activities which the Association wishes for the City to promote. The Department will review information and notify Association within five (5) business days if any changes need to be made in order to comply with established guidelines. The use of social media which the City can share on social media is strongly encouraged. The Department must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited. sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. The Department will provide links to Association websites on the City's website. The City will help with the marketing of registration information. City may send news releases to local media outlets; include information in the e -newsletter and Facebook page, etc. The City will not pay for Association advertising, flyers, mailings, etc. The links and all promotional media provided to the City, by the Association, must be to promote only those programs for which the City is a partner. If an Association is running any activities that are not formally sanctioned by the City, those activities cannot be on the website that the City's promotional activity will point to. 19 PUBLIC USE OF FIELDS The Facility Use Agreement applies only to organized league play for the duration of the agreement as specified on the agreement. Unless otherwise scheduled, the facilities are available to the public on a first come first serve basis, or may be rented by the Department to outside groups in accordance with the established City policies. The City will not rent facilities to teams and programs that compete with the City's partner Associations. 17 20 ACCIDENT/INCIDENT REPORTS (attached) The Association is responsible for filing an accident/incident report to the City which documents the details of any accident, injury, or incident which occurs on City property. The report should detail what occurred, the time of the accident/incident, where it occurred, who was involved, and who witnessed the accident/incident and filed the report. A copy of the accident/incident report is included in this manual. The report shall be submitted to the Department within twenty-four (24) hours of the accident/incident. Any and all accidents/incidents must be reported. 21 PARTICIPANT EVALUATIONS All participants in Association programs must be given an opportunity to complete a participant evaluation at the conclusion of each athletic season in which he/she participated. The evaluation should include questions pertaining to the administration and organization of the program (i.e. ease of registration, quality of the coaches, program structure, program content, etc.), and the condition and appearance of the Department facilities. The Association should ask participants for comments and suggestions to improve the program. A summary of participant evaluations should be prepared and distributed to the Department within two months at the end of each season. Upon request, the Association must make completed participant evaluations available to the Department. City reserves the right to conduct independent participant surveys. 22 BACKGROUND CHECK - VOLUNTEERS All Association board members and any individual who wants to coach a youth team shall go through the a criminal history background check once per calendar year. All background checks must be performed in accordance with the established City policy. 23 BACKGROUND CHECK — OFFICIALS AND UMPIRES Each Association who has a contractual agreement with an outside vendor to provide officiating services for the Association shall require, as part of the written agreement, that all officials/umpires 18 years of age and older who will be scheduled to officiate at Association activities complete a criminal history background check prior to officiating any games for the Association. The background check should be performed once per calendar year. The Association shall require appropriate documentation of completion of background checks. Documentation must be maintained on file by the Association. 24 CHILD ABUSE REPORTING LAW Volunteers who work with children are required by law to report suspected child abuse. The mandatory reporting requirement is a provision in HB 1176, the criminal justice reform bill signed by Governor Nathan Deal on May 2, 2012. Specifically, HB 1176 changed the definition of "child service organization personnel" to include volunteers. 18 The new law defines "child service organization personnel" as follows: "Child service organization personnel" means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children." In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 25 CONCUSSION AWARENESS POLICIES AND PROCEDURES O.C.G.A. § 20-2-324.1 requires agencies to educate youth athletes and their parents on the dangers of concussions in youth athletic activities. The Georgia Department of Public Health is referring everyone to the "Heads Up — Concussion in Youth Sports" program offered by the CDC. The following is a link to the program: http://www.cdc.gov/concussion/HeadsUp/online training html. It is the policy of the Department to educate coaches, referees, employees, instructors of at -risk activities, trainers, parents, and participants of the signs, symptoms and behaviors consistent with sports- and activity -induced concussions. Further, the Department requires that any participant, under the age of 18, suspected of a concussion or head injury must be removed from the activity and it is recommended that the participant be examined by a licensed health care provider. If a participant is deemed by a licensed health care provider to have sustained a concussion, Department personnel or other designated personnel (coaches, referees, instructors of at -risk activities, trainers, and parents) shall not permit the participant to return to play until he or she receives documented clearance from a licensed health care provider for a full or graduated return to play. In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. I: CITY AND PARK ORDINANCES Associations are responsible for adherence to all City and park ordinances. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1(a)(1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike, or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. 20 (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. 0) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (1) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § 1(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014) 21 PARK/FACILITY REGULATIONS 1. Associations conducting youth activities on City facilities must have an appropriate amount of adults supervising the activities conducted by the Association from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of an organization must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of this agreement. All Associations are encouraged to enact and enforce a policy of ZERO tolerance for abusive behavior while at an Association event. 3. The park belongs to all of the residents of Milton. The Associations are asked to enact and encourage a policy of "Leave It Cleaner Than When You Arrived" with regard to all elements of the park. The Association is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 4. Association representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pm, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 10. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department — 678-242-2489 or jim.cregge2cityofmiltonga.us 22 DEPARTMENT PERSONNEL AND CONTACT INFORMATION Director Jim Cregge, CYSA 678-242-2489 jim.cregge@61yofmiltonga.us Recreation Program Coordinator 23 City of Milton Accident / Incident Report Form Date of accident/incident Time of accident/incident Facility where accident/incident occurred Specific location of accident/incident within the facility _ Number of persons involved Police notified _Y Information on persons involved in the accident/incident: _N EMS notified _Y _N NAME (please print) PHONE Under the a eof18 Day: Evening Evening: Day: Day: Evening Evening: Day: Day: Evening: Evening: Day: Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening Day: Evening Day: Evening: Day: Evening: ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment _Y _ N **Photos of accident/incident site taken Y N Person completing form (Print name) Person completing form Day phone Signature Date Evening phone ** Take photographs of the accident/incident site as soon as practical but within 24 hours of the accident/incident Fax or email completed form to Department Director at 678-242-2499 or j im.cregge(&cityofmiltonga.us 24 FACILITY USE AGREEMENT This agreement, made this day of , 20 , by the City of Milton ("City") and Hopewell Youth Association, Inc. a Georgia non-profit corporation called the "Association." Witnesseth : In consideration of the mutual agreements contained in this document, the City and Association agree as follows: The Association agrees to provide a youth sports program (organized league play), to wit baseball as a service for the City in accordance with all policies and procedures for youth sports associations operating on City property including the Youth Athletic Association Facility Organizational Requirements Manual to which this Agreement is attached. 2. The term of this agreement will begin and continue through December 31, 2015. A new agreement must be signed for each calendar year. 3. The City agrees to authorize the Association to use fields and facilities as listed below at Bell Memorial Park. The agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, etc.) for approved league play unless otherwise specified. TIMES: (See Addendum for times) on FIELDS 3, 4, 5, 6 DATES: From the opening of the park until December 31, 2015 4. In consideration for the usage of the facilities, the Association agrees to a direct payment to the City of thirty (3 0) % commission on all registration fees and 100% of all applicable non-resident fees. 5. In addition, the Association voluntarily agrees to pay the following fees affiliated with their program: (None) 6. The Association agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 7. Association shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Association without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. Failure of the City to insist upon strict performance of any term or condition of this agreement shall not be a waiver of any right or remedy the City may have, and shall not be a waiver of any subsequent breach of terms or conditions. 25 9. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 10. It is agreed and understood that the Association shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the willful or negligent acts, errors, or omissions of the Association or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the Association's responsibility to indemnify. The Association shall maintain at all times during the term of this agreement insurance coverages as set forth in the Youth Athletic Association Organizational Requirements Manual. 11. This agreement may be modified only by a written agreement between the City and the Association. 12. It is the understanding of the City and the Association that nothing contained in this agreement shall be interpreted to assign to the Association any status under this agreement other than that of an independent Association. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Association is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Association agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Association and the City and the City will not be liable for any obligation incurred by Association, including but not limited to unpaid minimum wages or overtime premiums. 13. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. W 14. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ASSOCIATION NAME: Hopewell Ycc j'`h 2gjj"�I,g, Ic&g 7-,rrc ADDRESS: 76S" �'.n �..��.�f ly,-o CITY/S" PHONE WEBSU EMAIL: CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 678-242-2489 www.cityofmiltonga.us j im.creggegcityofmiltonga.us 15. It is agreed between the City and the Association that this agreement may be executed in counterparts, each of which shall constitute an original. 16. The City has designated the Director of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Association in the execution of the terms of this agreement. 17. The Association shall not have the right to assign the interest it holds in this agreement. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 19. The Association may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 20. The Association agrees to adhere to all relevant City policies and procedures (including, but not limited to the City's Youth Athletic Association Organizational Requirements Manual) in effect as of the date of this Agreement (which policies and procedures the Association has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 21. The Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 27 22. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and/or the City's Youth Athletic Association Organizational Requirements Manual, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 23. The Association acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Association under this Facility Use Agreement were funded by the taxpayers of the City and are owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Association is subject to the Open Records and Open Meeting laws of the state of Georgia. The Association agrees to comply with those laws. To the extent that the Association is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The Association further agrees that all books and records of the Association shall be made available to the City of Milton as and when requested for review or audit. 24. City shall have the right to terminate this Agreement upon failure of Association to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Association with a written notice specifying Association's failure to perform, and providing Association with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that Association fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately terminate the Agreement by providing written notice of termination to Association. Association shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Association. Prior to exercising this right of termination, Association shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the Association, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Association shall have the right to immediately terminate the Agreement by providing written notice of termination to City. Either party may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. 28 I hereby acknowledge and understand that the Association, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City, including those contained within the City's Youth Athletic Association Organizational Requirements Manual to which this agreement is attached. I understand that failure of the Association or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ASSOCIATION: h By: Pres' ent Name KL�i (Typed or Prin d) Date 6T? l Attest: Secretary SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: CITY: By: Joe Lockwood Mayor, City of Milton Date: 29 MELISSA D. THOMPSON Notary Public, Georgia Forsyth County My Commission Expires January 09, 2018 CITY: By: Joe Lockwood Mayor, City of Milton Date: 29 ADDENDUM TO FACILITY USE AGREEMENT WHEREAS, the City of Milton, Georgia (the "City") and the Hopewell Youth Association, Inc. ("HYA") desire to modify that Facility Use Agreement (the "Agreement") dated the day of , 2015, to which this Addendum is attached. NOW THEREFORE, the parties hereto agree to amend the Agreement, including modifications to the Youth Athletic Association Organization Requirements Manual (the "Manual"), as follows: 1. Manual Legal and Organizational Requirements Item 12: The provision which states that "...Associations are limited to one advanced level team per age group." Is modified to say "The HYA is limited to no more than three (3) advanced level teams per age group and the second and third team in any age group must be pre -approved by the Director of Parks and Recreation prior to being formed.". Manual Association Requirement Item 8: The provision under Maintenance/Facility Upkeep which states "...Parks Services staff will prepare the grass baseball fields once per week day, three times on a Saturday and once on a Sunday." is modified to say ..." Parks Services staff will not prepare the grass baseball fields on a Sunday." Manual Association Requirement Item 9: The weather policy is amended to match the existing Cold Weather Policy of the HYA, which states that "...if the official Milton, GA temperature as measured by www.weather.com is 42 degrees OR LESS, ONE hour Before a Practice or Game Time, those Practices or Games will be Delayed or Cancelled..." Agreement Item 3: The HYA program will have use of the designated field for scheduled activities on Mondays through Fridays from 5:00 PM to 10:00 PM, Saturdays from 8:00 AM to 10:00 PM and Sundays from 9:00 AM to 8:00 PM during the calendar period that Baseball is authorized on the designated field. Unscheduled time reverts immediately back to the City of Milton for any usage designated by the City. In addition, HYA receives non-exclusive use of the baseball field at Hopewell Middle School during daylight hours that the City has operating authority of the field (as compared to the time that the Fulton County Board of Education has operating authority of the field). All field use of the Hopewell Middle School Field must be separately coordinated with the Director of Parks and Recreation. 2. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Addendum shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 21 HOPEWELL YOUTH ASSOCIATION, INC.: Nick Mandato, Secretary [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: p, iHOMPSON MELISSA Goor6ia gel NotarY P h county Foray.MY comma 09n 7biire8 s CITY OF MILTON: Jonuof By: Joe Lockwood Its: Mayor [CITY SEAL] HOME OF'THE BEST ()LIAPTY OF LIFT IN GEO'GLA' MILTON, FSTAl3LISHFD 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-08 — To Amend the "Equine Garment Fabrication Use Permit". MEETING DATE: Monday, June 15, 2015 Regular City Council Meeting BACKGROUND INFORMATION., (Atfach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED:) YES () NO CITY ATTORNEY REVIEW REQUIRED:) YES ONO APPROVAL BY CITY ATTORNEY � APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: } r REMARKS © You(n PHONE: 678.242.2500 FAX: 678.242.2499 r�en._� a infoftityofmilfonga.us I www.cifyofmilfonga.us s� IDL11r Community 13000 Deerfield Parkway, Suite 107 1 Mfiton GA 30004 ,ern ied * 7op f0U Cipf ��Erhiu .► To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted June 8, 2015, for the June 15, 2015 Regular Meeting Re: Consideration of RZ15-08 – To Amend the “Equine Garment Fabrication Use Permit”. Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: At its April 27, 2015 City Council Meeting, the Council approved the proposed definition of Equine Garment Fabrication pursuant to RZ15-09 and allowed the use by “right” within the AG- 1 district up to 2,000 square feet pursuant to RZ15-07. Further, the City Council recommended that the use permit be deferred to the June 15, 2015 City Council meeting to allow time for Staff to amend the use permit to remain in the zoning ordinance and to require a use permit when an Equine Garment Fabrication building exceeds 2,000 square feet. Staff has amended the use permit to be consistent with the Council’s proposal. Additionally, the proposed amendment was presented at the May 27, 2015 Planning Commission meeting for their review. The Commission unanimously voted to recommend denial of the proposed amendment to the use permit. The Commission voiced the same concerns as they had at the March 25, 2015 meeting discussed below. The Planning Commission at its March 25, 2015 meeting unanimously recommended that all of the three proposed text amendments related to Equine Garment Fabrication be denied. It was the opinion of the Planning Commission that Equine Garment Fabrication remains as a Use Permit and not be permitted by right under the AG-1 (Agricultural) district. They expressed their concern that the proposed amendments would allow noxious uses such as tanneries and retail shops that sold unrelated items on the premises. The Planning Commission also stated that text amendments should not be initiated just for one or two situations. 2 Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose to amend the proposed text amendments or not to approve it in its entirety. Legal Review: Paul Frickey, Jarrard and Davis – May 2015 Concurrent Review: None Attachment(s): Proposed text amendments and ordinances for RZ15-08. RZ15-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on June 15, 2015. Page 1 Sec. 64-1811. - Equine garment fabrication. (a) Required districts. AG-1. (b) Standards. (1) Limited to the fabrication and wholesale distribution of blankets, saddles, halters, and other similar garments. (1) Structures shall be 2,001 gross square feet or more in size. (2) Structures shall be located 75 feet from all interior property lines. (3) Provide a 50 foot undisturbed buffer and 10 foot improvement setback adjacent to all interior property lines. (4)(2) AllLimited to fabrication, wholesale and retail sales, and storage associated with the permitted use which shall occur entirely within a completely enclosed building. (Ord. No. 14-06-209, § 1, 6-16-2014) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-08 AN ORDINANCE TO AMEND SECTION 64-1811, “EQUINE GARMENT FABRICATION” USE PERMIT IN THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 27, 2015 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1811 of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of June, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF ` I . LTON* M mmwmm� mmmm� ESTABLISHED 2p06 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2415 FROM: City Manager AGENDA ITEM: Consideration of RZ15-11 — To Create the Arnold Mill Form Based Code, Chapter 64 of the City Code, Article XXI. MEETING DATE: Monday, June 15, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: K APPROVED CITY ATTORNEY APPROVAL REQ \ UIRED: I\ YES YES CITY ATTORNEY REVIEW REQUIRED APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: REMARKS () NOT APPROVED () NO () NO PPPROVED {) NOT APPROVED DG 15 i'�' © your Green a-fied � Top,1W PHONE: 678.242.25001 FAX: 678.242.2499 C �'I_ ) , ►11� ommunity E"h; t inFoC�cityQfmiltonga.us j www.cityotmiltonga.us �8� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted May 28, 2015 for the June 15, 2015 Regular Meeting (June 1, 2015 First Presentation) Re: Consideration of RZ15-11 – Chapter 64 of the City Code, Article XXI - To create the Arnold Mill Form Based Code Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: The Mayor and City Council voted unanimously to adopt the Arnold Mill Visioning Plan, an amendment to the 2030 Comprehensive Plan on July 7, 2014. The 2030 Comprehensive Plan identified the Arnold Mill Road as an area of limited development with mostly rural residential and agricultural uses. However, the community feedback identified it as an area that could potentially accommodate the development of limited non-residential uses at some point in the future. The 2030 Comprehensive Plan stated that Arnold Mill should avoid strip commercial development and should be clustered in sections along the roadway and emphasis should be placed on preserving open space, rural viewsheds, and protecting environmentally sensitive features. Further, the Plan stated that Transfer of Development Rights should be aggressively pursued following the adoption of a master plan before any commercial nodes are considered or allowed to develop so as to ensure the protection of the more rural areas in Milton. The Arnold Mill Visioning Plan was the basis in which the proposed Form Based Code (FBC) was created. The Arnold Mill FBC follows the same general template as the Crabapple and Deerfield Form Based Code, but has been tailored for the specific needs of the Arnold Mill Corridor. There are three primary transect zones, T2, T3, and T4. There is also a T4-open that permits additional uses than the T4 transect zone. Within the corridor, there are two primary activity nodes; the intersection of Arnold Mill and Cox Roads and the Arnold Mill Road and Chadwick Farm Blvd. The remainder of the Visioning area is T2 which is minimum one acre lots with the same development standards as the AG-1 zoning district without the ability to receive TDRs (although they can be sending sites for TDRs). 2 In the Arnold Mill Form Based Code, the T3 transect zone contemplates 2 units per acre by right and up to 5 units via TDRs. The T4 transect zone contemplates 3 units per acre by right and up to 6 units via TDRs. These densities have been increased by 1 unit per acre by right since the initial draft of the Form Based Code based on discussions with property owners primarily within the Cox Road activity node. Staff notes that at the May 27, 2015 Planning Commission Meeting, by a vote of 4 to 3, it was recommended that the densities for T3 and T4 transect zones are increased to be equal with the Crabapple Form Based Code which allows for 3 units per acre by right and up to 6 units per acre via TDRs in T3 and 5 units per acre by right and 9 units per acre via TDRs in T4. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April, 2015) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-11 ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 1 ARTICLE 1. GENERAL 1.1 INTENT 1.2 CODE APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.2 INFILL REGULATING PLAN GENERAL REQUIREMENTS 2.3 LANDSCAPE BUFFERS ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.2 GENERAL REQUIREMENTS 3.3 THOROUGHFARES - VEHICULAR LANES 3.4 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.5 THOROUGHFARES - PUBLIC FRONTAGES 3.6 CIVIC ZONES 3.7 COMMON MAIL FACILITIES ARTICLE 4. LOT AND BUILDING PLANS 4.1 ARTICLE APPLICABILITY 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 STORMWATER FACILITIES 4.9 OFF-STREET PARKING AND LOADING 4.10 PARKING LOCATION STANDARDS 4.11 LANDSCAPE STANDARDS 4.12 LIGHTING STANDARDS 4.13 DRIVE-THROUGH STANDARDS 4.14 GASOLINE STATION STADNARDS 4.15 SIGN STANDARDS 4.16 ARCHITECTURAL STANDARDS ARTICLE 5. STANDARDS AND TABLES TABLE 1 TRANSECT ZONE DESCRIPTIONS TABLE 2A PUBLIC FRONTAGES - GENERAL TABLE 2B PUBLIC FRONTAGES - SPECIFIC TABLE 3 THOROUGHFARE ASSEMBLIES TABLE 4 CIVIC SPACE TABLE 5 BUILDING FORM - HEIGHT TABLE 6 BUILDING PLACEMENT TABLE 7 PRIVATE FRONTAGES TABLE 8A BUILDING FUNCTION TABLE 8B BUILDING UNIT FUNCTION EXCHANGE RATES TABLE 9 SPECIFIC FUNCTION & USE TABLE 10 CODE SUMMARY TABLE 11A CODE GRAPHICS - T3 TABLE 11B CODE GRAPHICS - T4 TABLE 12 DEFINITIONS ILLUSTRATED ARTICLE 6. DEFINITIONS OF TERMS ARTICLE 7. ARCHITECTURAL STYLES ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 2 ARTICLE 1. GENERAL 1.1 INTENT The intent and purpose of This Code is to enable and support the implementation of the following policies: a. That Arnold Mill is an important corridor for both high-quality development and preserved open space resources in the City of Milton as established in the Arnold Mill Visioning Study and the City of Milton 2030 Comprehensive Plan. b. That within Arnold Mill, ordinary activities of daily life should occur within walking or bicycling distance of most dwellings. c. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length of automobile trips. d. That a range of housing options should be provided to accommodate different needs in the community. e. That development should be concentrated in areas served by existing infrastructure and discouraged in areas lacking it. f. That development patterns should enable children to walk or bicycle to school. g. That a range of open spaces including parks, squares, playgrounds, and preserved rural areas should be distributed throughout Arnold Mill. h. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. i. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. j. That community design should reinforce safe environments, but not at the expense of accessibility. k. That architecture and landscape design should grow from the local climate, topography, history, and building practices. l. That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self-governance. m. That civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the area. n. That the preservation and renewal of historic buildings should be facilitated. o. That the harmonious and orderly growth of Arnold Mill should be secured through form-based codes rather than traditional zoning. 1.2 CODE APPLICABILITY 1.2.1 Capitalized terms used throughout This Code may be defined in Article 6 Definitions of Terms or Article 7 Architectural Styles. Article 6 contains regulatory language that is integral to This Code. Those terms not defined in Article 6 and Article 7 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of Section 64-1 of this zoning ordinance, those of This Code shall take precedence when applied to the regulations found herein. 1.2.2 The metrics of Article 5 Standards and Tables are an integral part of This Code. However, the diagrams and illustrations that accompany them should be considered advisory, with the exception of those in Table 12 Definitions Illustrated, which are legally binding. 1.2.3 Where in conflict, numerical metrics shall take precedence over graphic metrics. 1.2.4. The provisions of This Code are intended to replace the previous requirements set forth in Chapter 64 of the Code of the City of Milton, unless otherwise indicated in This Code. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 3 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 The regulations set forth in This Code shall apply to all property located within the boundaries identified in the Arnold Mill Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. The Arnold Mill Regulating Plan shall also be shown on the Official Zoning Maps of the City of Milton, Georgia. 1.3.2 To reflect a variety of development patterns This Code includes Transect Zones, Civic Zones, and Special Districts, the locations for which are set forth within the Arnold Mill Regulating Plan or an approved Infill Regulating Plan. 1.3.3 The standards for Transect Zones and Civic Zones shall be as set forth in Articles 3, 4, and 5 of This Code. 1.3.4 The standards for Transect Zone T4 shall also apply to zone T4-Open except as specifically indicated. 1.3.5 Areas that, by their intrinsic character, cannot conform to the requirements of any Transect Zone are designated as Special Districts. Special Districts shall be governed by standards approved by the Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in This Code if specifically identified by the Mayor and Council as being applied to the Special District, except as otherwise specifically identified in Article 3. 1.4 PROCESS 1.4.1 Projects that require no Variances or Warrants, or only Warrants, from the requirements of This Code shall be processed administratively without further recourse to public consultation except as established below for the city design review board or the historic preservation commission, as applicable as set forth by Section 64-1120 or Article XVIII of this zoning ordinance. 1.4.2 Except as established below for historic districts, the city design review board, as set forth in Section 64- 1120 of this zoning ordinance, shall review all plans for development except detached single-family residential in This District for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. 1.4.3 Except as established below for historic districts, the city design review board, as set forth in Section 64- 1120 of this zoning ordinance, shall review all plans for development except detached single-family residential in This District for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. 1.5 WARRANTS AND VARIANCES 1.5.1 There shall be two types of deviation from the requirements of This Code: Warrants and Variances. Whether a deviation requires a Warrant or Variance shall be determined by the community development director except where specifically prescribed in This Code. 1.5.2 A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of This Code but is justified by its intent. A Warrant shall be processed as an administrative variance under Section 64 - 1885 by the community development director. 1.5.3 Warrants relating to a physical element or metric of This Code shall be based upon credible submitted evidence demonstrating that: a. Approval, if granted, would not offend the spirit or intent of This Code as set forth in Section 1.1 Intent; ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 4 b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of This Code would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and d. That the public safety, health and welfare are secured, and that substantial justice is done. 1.5.4 Warrants relating to a use shall be based upon the considerations for use permits established in Section 64- 1552. 1.5.5 A Variance is any ruling on a deviation other than a Warrant. A Variance shall be processed as a primary variance by the board of zoning appeals as described in Section 64-1888. 1.5.6 If a Warrant or Variance is requested in conjunction with an application for an Infill Regulating Plan, the mayor and city council shall process the requested warrants and variances as a concurrent variance. 1.5.7 With respect to the review of Variances, the city design review board shall only make recommendations. 1.5.8 No Warrants or Variances may be issued for the following standards and requirements: a. The minimum Base Densities. (See Table 10 section a.) b. The permission to build Accessory Buildings. 1.6 DENSITY CALCULATIONS 1.6.1 Density shall be expressed in building units per acre as specified by Transect Zone in Table 10 section a. 1.6.2 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 10 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.3 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.2 is not exceeded. 1.6.4 Building units shall be exchanged for Functions at the following rates as established in Table 8B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.5 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section 1.6.4. 1.6.6 Accessory Units do not count toward Density calculations. 1.6.7 Civic Buildings do not count towards Density calculations. 1.6.8 Senior housing units approved by use permit in accordance with Section 64-1834 do not count toward the Density calculations of This Code and are subject to those of Sections 64-1834. 1.6.9 Contributing historic structures in a historic district or property do not count towards Density calculations. 1.6.10 The number of Building Units allowed on a site may be increased by two Building Units for every one parking space that meets one of the following conditions: ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 5 a. Is located within a Parking Structure having two or more above-ground stories, including the ground level. b. Is located within a Parking Structure having one or more below-ground stories. c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within a straight- line radius of 600 horizontal feet from the parking space to the public entrance of the establishment. Parking spaces meeting two or more of the above conditions shall only be considered as meeting one condition for the purpose of the Building Unit bonus. 1.6.11 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 10 section a subject to the provisions of Section 1.7 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.7.1 Purpose: The TDR mechanism is intended to encourage the voluntary redirection of future growth from areas where Milton wants reduced development into areas designated for development. Landowners can voluntarily choose to have their properties considered as either Open Space TDR Sending Sites or Park/Greenway TDR Sending Sites. Open Space TDR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TDR program, private property owners receive TDRs which can be transferred for use at designated TDR Receiving Sites. 1.7.2 TDR Sending Site Criteria a. Open Space TDR Sending Sites shall be a minimum of 5 acres in size, shall be zoned T2 within This District or AG-1 outside of This District and shall contain natural or agricultural features whose retention would implement Milton's goals for maintaining significant environmental areas, rural character and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already been established by a preexisting easement or similar instrument. b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in a plan or code adopted by the City. Parcels in public ownership prior to the effective date of This Code shall not qualify as TDR Sending Sites. However, parcels that the City buys for Parks and Greenways after the effective date of This Code meet the criteria for Park/Greenway TDR Sending sites. 1.7.3 TDR Sending Site Approval Process a. Open Space TDR Sending Sites: Property owners may offer their land as Open Space TDR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the criteria, he/she shall approve the application and oversee the execution and recordation of a permanent conservation easement, approved by the community development director, that limits future development of the sending site to a density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever Density is greater. The easement shall specify that all other uses, building requirements and activities shall be controlled by the provisions of the T2 zone for parcels within This District and the provisions of the AG-1 zoning district for parcels outside of This District. b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/G reenway TDR Sending Sites using application forms provided by the community development department. If the property owner proposes to transfer title to Milton, the change of ownership shall pertain to the entire ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 6 parcel. If the community development director finds that the proposed property meets the criteria for a Park/Greenway TDR Sending Site, he/she shall approve the application and submit the transfer of title to the City of Milton or an agency/organization authorized by the City Council for approval. A permanent public access easement approved by the community development director may be used instead of title transfer if the proposed easement would implement all preservation and public recreational goals for the site in question, subject to the approval of the City Council. This easement may apply to all or a portion of a single parcel as long as the portion subject to the easement is at least one acre in size. If a Park/Greenway TDR Sending Site is secured by easement rather than City ownership, the easement shall permanently prohibit all development, shall preclude any improvements that would impede site use for public purposes and shall specify that all other uses and activities will be controlled by the provisions of the T2 for parcels within This District or the provisions of the AG-1 zoning district for parcels outside the This District. 1.7.4 TDR Allocation a. Open Space TDR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Open Space TDR Sending Sites using the following formula: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres b. Park/Greenway TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Park/Greenway TDR Sending Sites using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres Step Two: Multiply the total from Step One by a factor of 1.25 c. Civic Space TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Parks/Greenways TDR Sending Sites designated as suitable for Civic Spaces in an adopted plan or code using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TDR Transfers: The community development director shall establish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs when they are ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 7 used to increase density in a TDR Receiving Site development. TDR Sending Site property owners who are issued TDRs may retain them, transfer them directly to TDR Receiving Site developers or transfer them to intermediaries who may also retain them or transfer them to TDR Receiving Site developers. The City of Milton may but is not obligated to buy, hold and resell TDRs. The City may also sever TDRs from land that it buys after the effective date of this ordinance for Parks and Greenways and sell these TDRs for use in TDR Receiving Site developments. The price paid for TDRs is determined by negotiation between TDR buyers and sellers. 1.7.6 TDR Receiving Sites: TDRs may be transferred to the TDR Receiving Sites designated by This Code and any additional TDR Receiving Sites that may subsequently be designated by the City. TDR Receiving Site owners may build at or below the Base Densities established by code without any use of TDRs. However, owners who choose to do so may exceed the Base Densities and achieve the established maximum densities at the transfer ratio set forth in Section 1.7.7. 1.7.7 TDR Transfer Ratio: Pursuant to This Code, developers of projects on TDR Receiving Sites may use the TDR to exceed Base Densities and achieve the maximum code-allowed Density at the transfer ratio of two building units per full TDR. Building Units shall be exchanged for Functions as set forth in Section 1.6.4. 1.7.8 Unified Sending/Receiving Site: A TDR Sending Site and a TDR Receiving Site may occur on a single parcel if the respective portions of the parcel meet all criteria. TDRs from the Sending Site portion of the parcel shall be allocated using the formula provided in 1.7.4 except TDRs shall not be granted open space and Greenway dedications that are required as a condition of site development. TDRs from the TDR Sending Site portion of the parcel may be transferred to the TDR Receiving Site portion of the parcel, transferred to a separate TDR Receiving Site or to any combination of on-site and off-site TDR Receiving Sites. 1.7.9 Compliance Requirements a. When the use of TDR results in divisions of land, TDR compliance shall occur prior to final subdivision map approval. b. When the use of TDR results in additional Density without a division of land, TDR compliance shall occur prior to building permit issuance. c. In no event shall any component of this TDR program have application to any TDR Sending Site or TDR Receiving Site outside the jurisdictional boundary of the City of Milton. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 8 ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.1.1 The geographic locations of the following shall be as set forth in the Arnold Mill Regulating Plan: a. Transect Zones b. Existing Civic Building Sites and Civic Spaces, and sites suitable for new Civic Spaces. c. Thoroughfare network, existing and planned d. Special Districts e. Mandatory Private Frontages f. Mandatory Public Frontages along existing Thoroughfares 2.1.2 The Arnold Mill Regulating Plan is an exclusive and mandatory regulation and shall supersede and replace the previous zoning classifications. Property owners within the plan area shall submit Building Scale Plans under Article 4 of This Code in accordance with the provisions of This Code. 2.1.3 The owner of a parcel or abutting parcels in This District may apply for a Warrant to adjust the locations of Thoroughfares from those shown in the Arnold Mill Regulating Plan by up to a total of 300 horizontal feet, provided that the interconnected network shown in the Arnold Mill Regulating Plan is maintained. 2.1.4 The owner of a parcel or abutting parcels in This District may initiate the preparation of an Infill Regulating Plan in accordance with Section 2.2 of This Code. 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.2.1 Approval of Infill Regulating Plans is pursuant to the procedures for rezoning as set forth in Article XIV in Chapter 64 of this zoning ordinance. 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance with the standards described in Article 2 of This Code: a. Transect Zones b. Density by Transect Zone c. Civic Building Sites and Civic Spaces d. Thoroughfare network e. Special Requirements, if any f. Designation of a mandatory Setback for buildings from any lot line, if any g. Mandatory Private Frontages, if any h. Required landscape buffers adjacent to Special Districts, if any 2.2.3 The following elements shall not deviate from those established in the Arnold Mill Regulating Plan: a. Mandatory Public Frontages along existing Thoroughfares b. Greenways, although their exact locations may vary provided the connections to adjacent sites shown in the Arnold Mill Regulating Plan are maintained. 2.2.4 Each Infill Regulating Plan for a site greater than 4 acres in area shall dedicate at least 5% of its total area to Civic Space. Civic Space shall be designed as generally described in Table 4 and as allowed in the Transect Zones in accordance with Table 10 section d. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. 2.2.5 The Thoroughfare network for the Infill Regulating Plan shall be designed to define Blocks as follows: a. When both Blocks and the Thoroughfares that circumscribe them are completely within the Infill Regulating Plan, Blocks shall not exceed the perimeter size prescribed in Table 10 section b. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 9 b. In all other situations not identified in Section 2.2.5 (a) above, Block perimeter shall not exceed an amount equal to one-half the perimeter size prescribed in Table 10 section b. c. The perimeter for all Blocks shall be measured as the sum of lot Frontage Lines of the Block. 2.2.6 All Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are nonconforming with regards to the Thoroughfare network requirements of This Code, stub-out streets shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Culs-de-sac and other dead end streets are allowed only by Warrant to accommodate specific site conditions. Stub-out streets 150 feet in length or less shall terminate at a curb designed to be removed when the adjacent site is developed and the street is extended. 2.3 LANDSCAPE BUFFERS 2.3.1 The requirements of Section 64-237 shall not apply to property within This District except as set forth below. 2.3.2 Adjacent to a Special District, a T2 Zone, or a single-family residential use not located within This District, the following shall apply:. a. For sites on 4 acres or less in area, a 50 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to the Special District, T2 Zone, or single -family residential use not located within This District. b. For sites greater than 4 acres in area, a 75 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to the Special District, T2 Zone, or single -family residential use not located within This District. 2.3.3 To make buffers seem natural, an equal mix of four species from Section 60-88 Appendix R: Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. 2.3.4 Modifications to the minimum buffer requirements shall be granted by Variance. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 10 ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the Arnold Mill Regulating Plan or an approved Infill Regulating Plan. 3.1.2 Where no approved Infill Regulating Plan exists: a. Thoroughfares not shown in the Arnold Mill Regulating Plan may be permitted, provided that all Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are non- conforming with regards to the Thoroughfare network requirements of This Code, stub-out streets with a maximum length of 150 feet shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Culs-de-sac and other dead-end streets are allowed only by Warrant to accommodate specific site conditions. Stub-out streets 150 feet in length or less shall terminate at a curb designed to be removed when the adjacent site is developed and the street is extended. b. Civic Spaces not shown in the Arnold Mill Regulating Plan are permitted. c. Sites of more than 4 acres shall be designed to define Blocks as follow: i. When both Blocks and the Thoroughfares that circumscribe them are completely within the site, Blocks shall not exceed the perimeter size prescribed in Table 10 section b. Blocks with a perimeter size exceeding 1,000 feet shall provide at least one 8 foot wide cross Block Passage. ii. In all other situations not identified in Section 3.1.2 (c)(i) above, Block perimeter shall not exceed an amount equal to one-half the perimeter size prescribed in Table 10 section b. iii. The perimeter for all Blocks shall be measured as the sum of lot Frontage Lines of the Block. 3.2 GENERAL REQUIREMENTS 3.2.1 Thoroughfares are intended for use by vehicular, bicycle, equestrian, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of vehicular lanes and Public Frontages. Bicycle Facilities and Equestrian Trails, where provided along a Thoroughfare, shall also be considered part of said Thoroughfare. 3.2.2 Thoroughfares and Civic Spaces shall be designed according to their Transect Zones. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted so that the newer Thoroughfare shall taper to meet those of the existing Thoroughfare. 3.2.3 Each lot shall Enfront a vehicular Thoroughfare or a Civic Space. When a lot Enfronts a Civic Space the fire prevention and protection requirements of Chapter 22 of the Code of the City of Milton shall still apply. 3.2.4 Standards for new Thoroughfares shall be as follow: a. In zones T2, T3, T4, new Thoroughfares shall conform to Table 3. b. In Special Districts, new Thoroughfares shall conform to Table 3 or the requirements of the Subdivision Ordinance. c. In all T-Zones and Special Districts, the design of new Thoroughfares shall be subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.2.5 Rear Alleys and Rear Lanes shall be provided where required by Table 10 section c. 3.2.6 Rear Alleys shall be paved for their width. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 11 3.2.7 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or landscaped edges, and have no raised Curb. 3.3 THOROUGHFARES - VEHICULAR LANES 3.3.1 New thoroughfares shall include vehicular lanes in a variety of widths for parked and moving vehicles, and may include Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 3, subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.3.2 Where on-street parking is permitted in Table 3, the pavement width may be reduced at intersections by the addition of sidewalk bulbouts within the parking lane, but the overall right-of-way and Public Frontage shall remain unchanged. 3.4 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.4.1 A bicycle and equestrian network consisting of Greenways (which may include Multi-Use Trails and Equestrian Trails) and Bicycle Lanes shall be provided as specified in the Arnold Mill Regulating Plan and the Milton Trail Plan. The bicycle network shall be connected to existing or proposed city and regional networks wherever possible. When the Arnold Mill Regulating Plan and the Milton Trail Plan both identify a facility in the same location, the director of public works shall determine which is required. 3.4.2 Greenway requirements may be satisfied by providing a minimum 30 foot wide open space corridor in the approximate location shown on the Arnold Mill Regulating Plan, granting the City of Milton access easements for future Multi-Use Trails and Equestrian Trails, and payment to the City of Milton in lieu of the installation as set forth in Section 48-674 of the City Code. 3.4.3 Additional on- or off-street bicycle facilities not specified in the Deerfield/Highway 9 Regulating Plan may be provided. When on-street facilities are provided within new Thoroughfares, the width of the thoroughfare in Table 4 shall be correspondingly increased, subject to approval of the director of public works. 3.5 THOROUGHFARES - PUBLIC FRONTAGES 3.5.1 General to zones T2, T3, T4 a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb, Planter, and trees. If a Greenway is located in what would otherwise be part of the Public Frontage then it shall also be considered part of the Public Frontage. b. Public Frontages shall be designed as shown in Table 3A and Table 3B and allocated within Transect Zones only as specified in Table 3 and Table 10 section c. c. Retrofit of existing Thoroughfares i. Retrofit of existing Thoroughfares shall be accomplished in the Public Frontage by widening Sidewalks, adding trees, adding public lighting, and adding Greenways. Retrofit may also include the addition of a Slip Road. ii. A Warrant to these retrofit requirements may be granted where the Public Frontage includes existing sidewalks of sufficient width and condition to provide pedestrian safety iii. Where retrofit occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton, as mutually agreed upon by the applicant and the City of Milton. Where an easement is provided, the Frontage Line will not be congruent with the right-of-way. A Warrant to this retrofit requirement may only be granted where the Public Frontage includes existing sidewalks of sufficient width and condition to provide pedestrian safety. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 12 d. Public lighting shall be provided as established in Section 4.11.2. e. Street trees shall be provided in the Public Frontage, subject to the following: i. Along State Route 140/Arnold Mill Road street trees shall be placed and sized in accordance with the standards established by the Georgia Department of Transportation. ii. Along other Thoroughfares street trees shall be placed and sized in accordance with the standards established by the American Association of State Highway and Transportation Officials. f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as otherwise provided. 3.5.2 Specific to zones T2, T3 a. The Public Frontage shall include trees of various species, naturalistically clustered. 3.5.3 Specific to zones T3, T4 a. Street trees shall be spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant for specific site conditions. b. The introduced landscape shall consist of durable species tolerant of soil compaction. 3.5.4 Specific to zone T4 a. Street trees shall be planted in a regularly-spaced Allee pattern of single or alternated species with shade canopies of a height that, at maturity, clears at least one Story. 3.5.5 Specific to State Route 140/Arnold Mill Road, notwithstanding contrary requirements of specific Transect Zones or Special Districts, and except as otherwise required by the Georgia Department of Transportation. a. The Public Frontage shall include a Sidewalk with a minimum width of 8 feet b. In zone T3 and T4 the Public Frontage shall include a Planter having a minimum width of 8 feet. c. In zone T2 and Special Districts the Public Frontage shall include a Planter having a minimum width of 12 feet. d. Street trees shall be located in the Planter and spaced a minimum of 30 and a maximum of 60 feet on- center. The spacing may be adjusted by Warrant to accommodate specific site conditions. 3.6 CIVIC ZONES 3.6.1 General a. Civic Zones are designated on the Arnold Mill Regulating Plan, on an Infill Regulating Plan, or on a site subject to Section 3.6.2(a) or 3.6.2(b) as Civic Building Sites or Civic Spaces. 3.6.2 Civic Spaces a. Sites of more than 4 acres and not located within an Infill Regulating Plan shall dedicate at least 5% of their total area to Civic Space b. Sites of more than 8 acres and not located within an Infill Regulating Plan shall dedicate at least 10% of their total area to Civic Space. c. Civic Spaces shall be designed as described in Table 4 and shall be accessible to the public during normal City of Milton park hours or longer each day. d. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting a Thoroughfare, except as otherwise stated below: i. A Playground or Pocket Park shall have a minimum of 25% of its perimeter Enfroning one of more Thoroughfares. ii. A Park shall have a minimum of 100 feet of its perimeter Enfronting one Thoroughfare. e. Each Civic Space shall be at least 60 feet in width and length, except for Parks. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 13 f. The following areas shall not count towards satisfying Civic Space requirements: i. Greenways, except where they pass through a Civic Space meeting the requirements of Table 4; ii. Undisturbed natural vegetative buffers along stream as required by Section 20-426 of the Code of the City of Milton; and iii. Retention and detention areas used for permanent or occasional water storage. g. Sites identified as suitable for Civic Spaces on the Arnold Mill Regulating Plan are not mandatory and are identified for TDR purposes only, as established in Section 1.7. 3.7 COMMON MAIL FACILITIES 3.7.1. Common mail facilities for delivery of US mail shall be made in every development that includes a residential use, subject to approval by the US Postal Service. 3.7.2. Common mail facilities shall be covered, shall include a trash receptacle, and shall include two dedicated parking spaces. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 14 ARTICLE 4. BUILDING SCALE PLANS 4.1 ARTICLE APPLICABILITY 4.1.1 Lots and buildings shall be subject to the requirements of Article 4 of This Code. 4.1.2 Building and site plans submitted under This Code shall show compliance with the following standards described in This Code: a. For preliminary site and building approval: i. Building Placement ii. Building Form iii. Building Function iv. Public Frontages b. For final approval, in addition to the above: i. Landscaping ii. Signage iii. Special Requirements, if any iv. Architecture 4.1.3 Special Districts shall be governed by standards approved by the Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in This Code if specifically identified by the Mayor and Council as being applied to the Special District, except as otherwise specifically identified in Article 3. 4.1.4 Civic Building Sites shall not be subject to the requirements of This Code. The particulars of their design shall be determined by Warrant. Buildings housing Civic Functions that do not meet the definition of a Civic Building shall be subject to the requirements of This Code. 4.2 NON-CONFORMING PROPERTIES 4.2.1 A property existing at the date of adoption of This Code or any amendments thereto that does not conform to the provisions of This Code or any subsequent amendment may continue in use as they are until a Substantial Modification is requested, at which time the community development director shall determine the provisions of This Code that shall apply. 4.2.2 Lots existing at the time of adoption of This Code shall not be considered non-conforming with regard to width. 4.2.3 The modification of existing buildings is permitted By Right if such changes result in greater conformance with the specifications of This Code. 4.3 SPECIAL REQUIREMENTS 4.3.1 To the extent that the Arnold Mill Regulating Plan or an Infill Regulating Plan designates any of the following Special Requirements, these standards shall apply to said requirements: a. A mandatory Retail Frontage designation requires that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no less than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as illustrated in Table 7. The first story shall be confined to Retail or Office use through the depth of the Second Layer. b. A mandatory Gallery Frontage designation requires that a building provide a permanent cover over the Sidewalk, either cantilevered or supported by columns (as generally illustrated in Table 7). A Gallery Frontage may be combined with a Retail Frontage. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 15 c. A Coordinated Frontage designation requires that the Public Frontage (Table 4a) and Private Frontage (Table 7) be coordinated as a single, coherent landscape and paving design. d. A Cross Block Passage designation requires that a minimum 8 foot wide pedestrian access be reserved between buildings. 4.4 BUILDING PLACEMENT 4.4.1 Specific to zones T2, T3, T4 a. Newly platted Lots shall be dimensioned according to Table 10 section e except as otherwise approved by Warrant. b. Building Placement types shall be as shown in Table 6 and Table 10 section h except as otherwise approved by Warrant. c. Buildings shall be placed in relation to the boundaries of their lots according to Table 10 and Table 12 except as otherwise approved by Warrant. d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Table 12 except as otherwise approved by Warrant. e. Lot coverage by building shall not exceed that recorded in Table 10 section e exc ept as otherwise approved by Warrant. f. Setbacks for Principal Buildings shall be as shown in Table 10 section f except as otherwise approved by Warrant. g. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of a Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 10. h. To accommodate slopes over 10%, relief from front Setback requirements of Table 10 is available by Warrant. i. To accommodate the preservation of specimen trees as established in the tree preservation ordinance, relief from all setbacks, lot widths, and lot coverage is available by Warrant. 4.5 BUILDING FORM 4.5.1 General to zones T2, T3, T4 a. The maximum building size shall be as follows: i. The maximum building footprint shall be 18,000 square feet and the maximum overall building size shall be 36,000 square feet. ii. A group of two or more buildings that share at least one common wall will be considered as one building. b. The Private Frontage of buildings shall conform to Table 7 and Table 10. c. Buildings on corner Lots shall have two Private Frontages as shown in Table 12. Prescriptions for the Second and Third Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages. d. Building heights shall conform to Table 5. e. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial or Civic Function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 16 f. A first level Residential Function may be raised a maximum of 6 feet from average Sidewalk grade unless a greater height is approved by Warrant. g. In a Parking Structure or garage, each above-ground level counts as a single Story regardless of its relationship to habitable Stories. h. Building height limits do not apply to attics or above-ground portions of basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. i. The habitable area of an Accessory Unit within a Principal Building or an Outb uilding shall not exceed 440 square feet, excluding the parking area. j. The maximum number of attached Rowhouse units in a building shall be eight. 4.5.2 Specific to zone T3 a. No portion of the Private Frontage may Encroach the Sidewalk. b. Open porches may Encroach the First Layer for 50% of the layer's depth. c. Balconies and bay windows may Encroach the First Layer for 25% of the layer's depth except that balconies on porch roofs may Encroach as does the porch. 4.5.3 Specific to zone T4 a. Balconies, open porches and bay windows may Encroach the First Layer for 50% of the layer's depth. 4.6 BUILDING FUNCTION 4.6.1 General to all zones T2, T3, T4, T4-Open a. Structures and parcels in each Transect Zone shall conform to the Functions on Table 8A, Table 9 and Table 10. b. Specific uses identified in Table 10 shall apply regardless of whether the use is a permitted use or accessory use. A structure or parcel may contain more than one permitted or accessory use. c. In addition to the accessory uses identified in Table 10, a structure or parcel may also be used for uses customarily incidental to any permitted use. 4.6.2 Specific to zone T2 a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building. See Table 8A. 4.6.3 Specific to zones T3, T4 a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building. See Table 8A. 4.6.4 Specific to portions of zones T3, T4 within 200 250 feet of the centerline of State Route 140/Arnold Mill Road a. The Function and Use provisions of T4-Open shall apply. b.. Functions and Uses allowed in T4-Open, except accessory parking, that are otherwise prohibited in T3 or T4 must be completely within 200250 feet of the centerline of State Route 140/Arnold Mill Road. c. Accessory parking serving a T4-Open Function or Use is not restricted to within 200 250 feet of the centerline of State Route 140/Arnold Mill Road. d. The maximum Density of the T4-Open Function or Use shall be based on the Gross Site Area of the entire Transect Zone, including the portions 250 feet or greater from the centerline of State Route 140/Arnold Mill Road. Density used for the T4-Open Function or Use shall be deducted from the maximum Density of all other Functions or Uses on the site. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 17 4.7 SCREENING AND FENCING 4.7.1 Fences, walls and hedges shall be subject to the following: a. Where permitted within the first Layer, fences, walls and hedges shall not exceed 42 inches in height. Retaining walls are excluded from this requirement. b. In all other locations fences and walls shall not exceed 5 feet in height and shall be at maximum of 50% opaque above 42 inches in height. This requirement shall not apply to fences and walls screening refuse areas. c. Allowed fencing material shall be three or four board wooden fencing with wood posts in the First Layer. d. Opaque fences are prohibited in the First Layer. e. Chainlink fencing is prohibited from public view. All chainlink fence shall be black vinyl clad. f. Retaining walls shall be faced with stone and brick only. Retaining walls above three feet high shall have a continuous planting of evergreens in front of them. 4.7.2 Loading docks and service areas shall be screened from view of any Thoroughfare of Civic Space by either: a. A minimum 6 foot high opaque fence matching the material of the building; or b. A 15 foot wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 42 inches at time of planting, and reach a minimum height of 6 feet within two years of planting. 4.7.3 Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures shall be constructed of the same exterior wall material used for the Principal Building. The enclosure shall be one foot higher than what is contained in the interior. The door enclosing the area shall be made out of wood or a material that has the appearance of wood. 4.7.4 Mechanical features such as HVAC condensers, electrical transformers, heat pumps, and similar features shall not be placed in the First Layer and shall be screened from view of any Thoroughfare, Civic Space, or any property zoned, used, or developed for Residential Functions, by one of the following means: a. Placement behind the building; b. 100% opaque fencing which shall be constructed of the same type of exterior material used for the Principal Building; or c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be a minimum of 42 inches in height at time of planting, and reach a minimum height of 6 feet within two years or planting. 4.7.5 Detention ponds shall have a minimum 10 foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. 4.8 STORMWATER MANAGEMENT FACILITIES 4.8.1 All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). 4.8.2 Above-ground facilities shall be improved for aesthetic appeal through the use of green infrastructure or low impact development approaches, or shall be located in the least conspicuous area of the site as engineering standards will allow. 4.8.3 Above-ground stormwater management shall be designed to create a natural look. 4.8.4 The creation of shared stormwater management facilities serving multiple properties is encouraged. 4.9 OFF-STREET PARKING AND LOADING ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 18 4.9.1 Off-street parking and loading shall be provided in accordance with Article VII of this zoning ordinance. 4.9.2 Required visitor parking in zones T2, T3 a. In addition to the requirements of Section 4.9.1, all single-family residential use groups established in Section 64-140 shall provide a minimum of 0.3 visitor parking space per dwelling unit. b. Required visitor parking may either be provided off-street in a common parking lot anywhere on the site or on-street within 300 feet of the intended use, as measured along the direct improved pedestrian route from the door of the building to the parking space. 4.9.2 Subject to the approval of the director of the community development department by Warrant, off -street parking as required by Article VIII may be reduced and shared parking among uses may be permitted, in accordance with Section 64-1411. 4.9.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. 4.9.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. 4.10 PARKING LOCATION STANDARDS 4.10.1 General to zones T2, T3, T4 a. Parking shall be accessed by Rear Alleys or Rear Lanes, when such are available or required. b. Open parking areas shall be masked from the Frontage by a Building or Streetscreen. 4.10.2 Specific to zones T2, T3 a. Open parking areas shall be located at the Second and Third Layers, except that driveways, drop-offs and unpaved parking areas may be located at the First Layer. b. Garages shall be located at the Third Layer except that side- or rear-entry types may be allowed in the First or Second Layer by Warrant. 4.10.3 Specific to zones T3, T4 a. Driveways at Frontages shall be no wider than 10 feet in the First Layer. 4.10.4 Specific to zone T4 a. All parking areas and garages shall be located at the Second or Third Layer. 4.10.5 Specific to zones T4-Open a. All parking lots, garages, and Parking Structures shall be located at the Second or Third Layer. b. Vehicular entrances to parking lots, garages, drive-throughs, and Parking Structures shall be no wider than 12 feet for one-way access and 24 feet for two-way access at the Frontage, unless a greater width is approved by Warrant to comply with the fire prevention and protection requirements of Chapter 22 of the Code of the City of Milton. c. Pedestrian exits from all parking lots, garages, and Parking Structures shall be directly to a Frontage Line (i.e., not directly into a building) except underground levels which may exit directly into a building. d. Parking Structures shall have Liner Buildings lining all stories. 4.11 LANDSCAPE STANDARDS 4.11.1 General to zones T2, T3, T4 a. Impermeable surface shall be confined to the ratio of Lot coverage specified in Table 10 section e. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 19 b. Walkways shall be surfaced in decorative pavers, concrete, brick, stone, or decorative gravel that is contained and on a compacted base. c. Other hardscapes shall be decorative gravel, brick, or crush stone edged with steel, brick, native rocks, or granite. d. Stamped concrete is prohibited. e. Plant materials should be native or historic species. Perennials, herbs, fragrant shrubs, boxwood, and native trees are encouraged. f. Stone walls and picket fences should be incorporated into landscape plans and with a mix of materials and designs. 4.11.2 Specific to zones T2, T3, T4 a. The First Layer shall be landscaped with live grass, trees, shrubs, hedges and other landscaping materials approved by the city arborist and shall not be paved, with the exception of driveways as specified in Sections 4.10.2 and 4.10.3. 4.11.3 Specific to zone T3 a. A minimum of two trees approved by the city arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be naturalistically clustered. 4.11.4 Specific to zone T4 a. A minimum of one tree approved by the city arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be a single species to match the species of Street Trees on the Public Frontage. 4.11.5 The following non-native invasive species shall not be planted anywhere in This District: a. Ailanthus altissima (tree-of-heaven) b. Albizia julibrissin (mimosa) c. Alternanthera philoxeroides (alligator weed) d. Eichhornia crassipes (water hyacinth) e. Elaegnus pungens (thorny olive) f. Elaeagnus umbellate (autumn olive) g. Hedera helix (English ivy) h. Hydrilla verticillata (hydrilla) i. Imperata cylindrical (congongrass) j. Lespedeza bicolor (shrubby lespedeza) k. Lespedeza cuneata (sericea Lespedeza) l. Ligustrum japonicum (Japanese privet) m. Ligustrum sinense (Chinese privet) n. Lonicera japonica (Japanese honeysuckle) o. Lonicera maackii (amur honeysuckle) p. Lygodium japonicum (Japanese climbing fern) q. Melia azedarach (chinaberry) r. Microstegium vimineum (Nepalese browntop) s. Miscanthus sinensis (Chinese silvergrass) t. Murdannia keisak (marsh dayflower) ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 20 u. Nandina domestica (sacred bamboo) v. Paulownia tomentosa (princess tree) w. Phyllostachys aurea (golden bamboo) x. Pueraria Montana var. lobata (kudzu) y. Rosa multiflora (multiflora rose) z. Sesbania herbacea (bigpod sesbania) aa. Sesbania punicea (red sesbania) bb. Spiraea japonica (Japanese spiraea) cc. Triadica sebifera (Chinese tallow tree) dd. Vinca major (big periwinkle) ee. Vinca minor (common periwinkle) ff. Wisteria sinensis (wisteria) 4.12 LIGHTING STANDARDS 4.12.1 Parking lot lighting shall meet the following standards: a. Light posts shall not exceed a height of 20 feet from finished grade. b. Light posts shall have curved arms to focus light downward. Up to two arms are permitted per post. c. Light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. d. Post arm style shall be Shepherd's Crook. 4.12.2 Public pedestrian lighting shall meet the following standards: a. Poles shall be the Georgia Power “Washington” type as approved by the community development director. b. Fixtures shall be the Georgia Power “Granville” type as approved by the community development director. 4.12.3 Shoe box and cobra style lights are prohibited. 4.12.4 Light housings and posts shall be a dark color/material and be nonreflective. 4.12.5. Sodium vapor, exterior neon, and colored lights are prohibited. 4.12.6 Only fluorescent, metal halide, shrouded spots, and walkway lights are allowed. 4.12.7 Exterior area illumination shall not exceed an average of 2 footcandles of light. 4.12.8 Light trespass (spill light) onto an adjacent zone T2, T3, T4, Special District, or Civic Space property line shall not exceed 0.1 footcandle vertical at 3 feet above grade. 4.12.9 Building exterior light fixtures shall meet the following standards: a. Building-mounted lighting fixtures shall have a 45 degree light cutoff. b. Light fixtures shall match style of architecture or shall be inconspicuous in nature. Outbuildings shall have a minimum of one one-photocell fixture on their Rear Alley Elevation. c. Each Enfronting Residential unit shall have two sconces or two 4 inch diameter recessed can lights (Clear Alzak or slotted opening) with a maximum 40 watt incandescent bulb or 450 lumens equivalent. 4.13 DRIVE THROUGH STANDARDS 4.13.1 Drive-through service canopies shall be pitched at an angle and use materials matching the roof of the Principal Building. 4.13.2. Drive-through facilities and all associated vehicular queuing shall be located at the rear of the Principal Building if feasible, but shall be located at the side if not feasible. 4.13.3 Vehicular access to a drive-through facility shall be from the interior of a lot or from a Rear Alley to avoid ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 21 disrupting pedestrian traffic unless otherwise approved by Warrant for lots whose size, shape, or topography render this requirement unfeasible. If a separate driveway is approved by Warrant, its width shall be in accordance with Section 4.10.5(b). 4.13.4 Drive-through facilities shall be considered accessory structures to a building and shall be only allowed by use permit as set forth in Table 9. 4.14 GASOLINE STATION STANDARDS 4.14.1. Gasoline station canopies and pumps: a. Shall be located to the side or rear of the Principal Building. b. Pump canopies shall be located at least 50 feet from any interior side or rear property line that adjoins a Residential Function. c. Shall be buffered from adjoining Residential Functions with a Streetscreen. 4.14.2 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. 4.14.3. Lighting shall be shielded to direct light and glare only onto the lot or parcel where the gas/fueling station is located and shall be in accordance with Section 4.12.9. 4.15 SIGN STANDARDS 4.175.1 The provisions of Section 64-2325 of the Code of the City of Milton shall apply in This District. 4.16 ARCHITECTURAL STANDARDS 4.186.1 The following architectural standards shall apply to all buildings unless otherwise approved by Warrant by the community development director after consultation with the City Architect. 4.16.2 All buildings shall be based on building forms historically found in the City of Milton and nearby areas and designed in one of the following styles as defined in Article 7 Architectural Styles of This Code: a. Vernacular b. Queen Anne 4.16.3 Buildings shall be designed in one of the styles set forth in Section 4.16.2 by-right, or in a simplified interpretation thereof by Warrant. Notwithstanding the provisions of section 1.5.3, in considering whether to approve a Warrant with respect to architectural standards, the community development director shall consider whether the building design, while not strictly in accordance with the style requirements, meets the intent set forth in Section 1.1 and will not adversely affect adjacent properties or the public health, safety, and welfare. 4.16.5 Except within a designated historic district, compliance with Sections 4.16.2 and 4.16.3 shall be as determined by the community development director following comment from the city architect or city design review board, as applicable. 4.16.6 Exterior insulation finishing system (EIFS), plastic, aluminum exterior railing systems, vinyl-coated products, and bright brass finished fixtures or hardware are prohibited on any building exterior or detail. 4.16.7 Buildings shall be composed of a single gable or hip primary building mass, with a potential for a subordinate secondary building mass and/or separate carriage house mass. The Queen Anne “L” shaped house is also permitted. Forms should reflect the importance of function, meaning that the primary building primary mass should have taller ceilings and windows than carriage house; fenestrations (windows and doors) should be of noble size and proportion on primary mass. 4.16.8 Exterior Walls a. No more than three different exterior materials may be used on a single building, not including windows, ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 22 doors, porches, balconies, foundations, and architectural details. b. Exterior materials of the primary building mass shall be limited to brick, natural stone, or clapboard. c. Exterior materials of secondary building masses shall be limited to brick, natural stone, or clapboard, board and batten, or wood shingles. d. Stove pipes of adequate size are allowed. e. Clapboards and board and battens shall be wood or cementitious board. Hardi board shall have a 4 inch maximum exposure, while Artisan series Hardi board or full three-quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. f. Flat panel materials with applied batons are not allowed. g. Foundations shall be finished with brick or stone. 4.16.9 Roofs a. Roofs shapes shall be gabled with a slope of between 6:12 and 10:12. This does not include porches, which may utilize other shapes and slopes. b. Roof materials shall be wood shingles, wood shakes, standing-seam paint grip galvanized metal, or asphalt shingles. c. Gutters shall be half-round with round downspouts finished in unpainted galvanized metal or colored to resemble galvanized metal. d. Chimneys and stove pipes of adequate size are allowed. 4.16.10 Windows and Doors a. Windows and doors shall be of vertical proportions, including jambs and individual glass panes. b. Glass panes in windows and doors within a single building should be of similar portion and generally in accordance with the Golden Mean, with the following exceptions: i. Front door sidelights, and ii. Greek revival fret transoms. c. Windows shall be of similar sizes and generally not ganged. d. Grill between glass, reflective glazing, and pop-in grills are prohibited. e. Windows shall be True Divided Lite or Simulated Divided Lite. f. Transom windows are prohibited except over doors. g. Shutters shall be authentic, fully operable, and capable of closing over the window sash. h. Doors shall have a roof cover. 4.16.11 Chimneys a. Stacks shall be faced in brick or stone. b. Chimneys should be centered on gables. 4.16.12 Porches and balconies a. Placement i. Porches and balconies shall be provided along elevations Enfronting Thoroughfares, passages, or Civic Spaces. ii. Corner lots shall have side porches or be designed with recesses and projections as to discourage a single plane or wall. ii. Porches may also be used in the rear yard and should be subordinate to the building form or located within the primary building mass. b. Technical and aesthetic requirements ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 23 i. Porches shall be a minimum of eight feet in depth. ii. Columns shall match building style. iii. Classical columns shall be architecturally correct. iv. Railings shall be simple pickets or fretwork centered on rails. c. Materials i. Porch floors shall be wooden, brick, or stone, and shall rest on masonry piers finished in brick or stone. ii. Porch ceilings shall be beaded nominal 1 by 4 inch or 1 by 6 inch, flush boards, tongue and groove boards, or exterior gypsum board with decorative nominal 1 by 4 inch or 1 by 6 inch shallow coffers or strips. iii. Plywood ceilings, with or without beads, are prohibited. iv. Areas between porch piers, if left open, shall be in-filled with custom wood lattice, wood louvers, brick lattice, or wire mesh planted with vines, and shall match building style. The opening is not required to be in-filled if the distance from grade to bottom of floor structure is less than one foot. v. Columns shall be wood, resin material, or masonry. vi. Sheet metal and foam columns are prohibited. vii. Railing systems shall be painted wood, iron, or masonry. viii. Synthetic and prefabricated railing systems are prohibited. ix. Plain, round tapered, fretwork, and straight pickets are permitted. x. Precast classical balusters and ornate spindle work are prohibited; 4.16.13 Trim a. Trim shall match the building style, be of local historic character, and comply with the architectural period theme of the building and development it is located within. B. Clapboard structures building may only utilize authentic, flat casings (full 2x4), restoration sills, full “2x” corner boards, cornice assembly of “5/4” and “2x” members, authentic sash windows with True or Simulated Divided Lites, Chamfered solid wood posts, and thick lap siding (Artisan series Hardie or equivalent). ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 24 ARNOLD MILL FORM-BASED CODE – DRAFT V3 City of Milton T-2 RURAL General Character:Primarily agricultural with woodland & wetland and scattered buildings Building Placement:Variable Setbacks Frontage Types:Not applicable Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-3 SUB-URBAN General Character:Lawns and landscaped yards surrounding detached single-family houses; pedestrians occasionally Building Placement:Large and variable front and side yard Setbacks Frontage Types:Porches, fences, naturalistic tree planting Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greens T-4 GENERAL URBAN General Character:Mix of Houses and Townhouses with scattered Commercial activity; balance between landscape and buildings; presence of pedestrians Building Placement:Shallow to medium front and side yard Setbacks Frontage Types:Porches, fences, Dooryards Typical Building Height:1- to 3-Story Type of Civic Space:Parks, Greens, Squares Table 1: Transect Zone Descriptions. This tables provides descriptions of the character of each Transect Zone. T-2 Rural Zone consists of sparsely settled lands in open or cultivated states. These include woodland, agricultural land, grassland, and irrigable desert. Typical buildings are farmhouses, agricultural buildings, and cabins. T-3 Sub-Urban Zone consists primarily of low density residential areas, adjacent to higher zones that have some mixed use. Home occupations and outbuildings are allowed; commercial uses are allowed in limited locations. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. T-4 General Urban Zone consists of a mixed use but primarily residential urban fabric. It may have a wide range of building types: single, Sideyard, and Rowhouses. Setbacks and landscaping are variable. Streets with curbs and side-walks define medium-sized Blocks. 25 June 10, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V3 City of Milton LOT► PRIVATE FRONTAGE►◄ PUBLIC FRONTAGE a.T2 T3 b.T2 T3 c.T3 T4 T5 d.T3 T4 e.T3 T4 f.T4 g.T3 T4 (BV) For Boulevard: this Frontage has slip Roads on both sides. It consists of raised Curbs drained by inlets and Sidewalks along both sides, separated from the vehicular lanes by Planters. The landscaping consists of double rows of a single tree species aligned in a regularly spaced Allee. (CS) For Commercial Street: This Frontage has raised Curbs drained by inlets and very wide Sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where possible but clears the storefront entrances. ◄ R.O.W. TABLE 2A: Public Frontages General: The Public Frontage is the area between the private Lot Line and the edge of the vehicular lanes. Dimensions are given in Table 2B and Table 3. (RD) For Road: This Frontage has open Swales drained by percolation and a walking Path or Bicycle Trail along one or both sides Yield parking. The landscaping consists of the multiple species arrayed in naturalistic clusters. (ST) For Street: This Frontage has raised Curbs drained by inlets and Sidewalks separated from the vehicular lanes by individual or continuous Planters, with parking on one or both sides. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced Allee. (DR) For Drive: This Frontage has raised Curbs drained by inlets and a wide Sidewalk or paved path along one side, related to a Greenway or waterfront. It is separated from the vehicular lanes by individual or continuous Planters. The landscaping consists of street trees of a single species or alternating species aligned in a regularly spaced Allee. (AV) For Avenue: This Frontage has raised Curbs drained by inlets and wide Sidewalks separated from the vehicular lanes by a narrow continuous Planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced Allee. PLAN (HW) For Highway: This Frontage has open Swales drained by percolation, Bicycle Trails and no parking. The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings are buffered by distance or berms 26 June 10, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V3 City of Milton N TRANSECT ZONE T2 T3 T2 T3 T4 Public Frontage Type a. Total Width b. Type Radius c. Type Width d. Arrangement Species Planter Type Planter Width 12-24 feet Raised Curb 12-18 feet16-24 feet T3 ST-DR-AV TABLE 2B: Public Frontages - Specific. This table assembles prescriptions and dimensions for the Public Frontage elements - Curbs, walkways and Planters - relative to specific Thoroughfare types within Transect Zones. Continuous Swale 10-30 feet Regular Sidewalk Regular 10-30 feet Alternating 5-20 feet 5-20 feet 8 feet - 16 feet Continuous Swale Clustered Clustered 8 feet - 12 feet Path 4-8 feet Clustered 8 feet - 16 feet Clustered RURAL I I I I I I I I I I I I I I I I I I I I I I TRANSECT I I I I I Assembly: The principal variables are the type and dimension of Curbs, walkways, Planters and landscape. Continuous Planter Planter: The layer which accommodates street trees and other landscape materials. Path Optional n/a Walkway. The hard surface dedicated exclusively to pedestrian activity. T4 HW & RD Open Swale Curb. The detailing of the edge of the vehicular pavement incorporating drainage. RD & ST Open Swale Raised Curb 12-18 feet ST-DR-AV-BV 4-8 feet 8 feet - 12 feet Continuous Planter Single 4-8 feet Sidewalk 27 June 10, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V3 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS RL-24-12 RA-24-24 Rear Lane Rear Alley T2, T3, T4 T3, T4 24 feet 24 feet 12 feet 24 feet Yield Movement Slow Movement 10 MPH 10 MPH 3.5 second 7 seconds n/a n/a None None Taper Taper None None None None Inverted crown Inverted crown None None Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Drive Street Road Rear Alley Rear Lane Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street TABLE 3: Thoroughfare Assemblies: New Thoroughfares shall comply with this table, which incoporates the Public Frontages of Table 2A and Table 2B. The key gives the Thoroughfare type followed by the right-of-way width, followed by the pavement width, and in some instances followed by specialized transportation capability. Variations may only be approved by the public works director if the public health, safety, and welfare demand. ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width 28 June 10, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V3 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS ST-50-281 ST-60-361 Street Street T3, T4 T3, T4 50 feet 60 feet 28 feet 36 feet Slow Movement Free Movement 25 MPH 25 MPH 8 seconds 10.3 seconds 2 lanes 2 lanes One side @ 8 feet unmarked, bulbouts permitted Both sides @ 8 feet unmarked 15 feet 10 feet 5 foot Sidewalk on both sides 5 foot Sidewalk on both sides 6 foot continuous Planter on both sides 7 foot continuous Planter on both sides Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type 29 June 10, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V3 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS CS-50-221 CS-50-281 Commercial Street Commercial Street T4-Open T4-Open 50 feet 50 feet 22 feet 28 feet Slow Movement Slow Movement 20 MPH 25 MPH 6.2 seconds 8 seconds 1 lane 2 lanes One side @ 8 feet marked One side @ 8 feet marked 15 feet 15 feet 18/10 foot Sidewalk 11 foot Sidewalk on both sides 5 x 8 foot tree well 5 x 8 foot tree well Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Drive Street Road Rear Alley Rear Lane Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width 30 June 10, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V3 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS CS-60-361 CS-100-641 Commercial Street Commercial Street T4-Open T4-Open 60 feet 100 feet 36 feet 64 feet Free Movement Slow Movement 25 MPH 25 MPH 10.3 seconds 8.5 seconds at corners 2 lanes 2 lanes Both sides @ 8 feet marked Both sides angled @ 17 feet marked 10 feet 15 feet 12 foot Sidewalk 18 foot Sidewalk 5 x 8 foot tree well 5 x 8 foot tree well Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type 31 June 10, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V3 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS AVE-75-401 AVE-90-561 Avenue Avenue T3, T4 T3, T4 75 feet 90 feet 40 feet 56 feet Slow Movement Slow Movement 25 MPH 25 MPH 5.7 seconds - 5.7 seconds 5.7 seconds - 5.7 seconds at corners 2 lanes 4 lanes Both sides @ 8 feet marked Both sides @ 8 feet marked 15 feet 15 feet 6 foot Sidewalk 6 foot Sidewalk 7 foot continuous planter 7 foot continuous planter Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Drive Street Road Rear Alley Rear Lane Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width 32 June 10, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V3 City of Milton TABLE 4: Civic Space a.T2 T3 T4 b.T3 T4 c.T3 d. e.T2 T3 T4 f. Park:A natural preserve available for unstructured recreation. A park may be independent of surrounding building Frontages. Its landscape shall consist of Paths and trails, meadows, water bodies, woodland and open shelters, all naturalistically disposed. Parks may be lineal, following the trajectories of natural corridors. The minimum size shall be 8 acres. Every Park and portions thereof shall be at be at least 60 feet in width and length. Green:An Open Space, available for unstructured recreation. A Green may be spatially defined by landscaping rather than building Frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. The minimum size shall be 1/2 acre and the maximum shall be 8 acres. Every Green and portions thereof shall be at be at least 60 feet in width and length. Square:An Open Space available for unstructured recreation and Civic purposes. A Square is spatially defined by building Frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important Thoroughfares. The minimum size shall be 1/2 acre and the maximum shall be 5 acres. Every Square and portions thereof shall be at be at least 60 feet in width and length. Playground:An Open Space designed and equipped for the recreation of children. A Playground should be fenced and may include an open shelter. Playgrounds shall be interspersed within Residential areas and may be placed within a Block. Playgrounds may be included within parks and greens. There shall be no minimum or maximum area, except that every Playground shall be at least 60 feet in width and length. Pocket Park:An Open Space available for passive recreation and relaxation. Pocket Parks shall include seating, trees, and other landscaping. Pocket Parks shall be interspersed within Residential areas. There shall be no minimum or maximum area, except that every Pocket Park shall be at least 60 feet in width and length. Plaza:An Open Space available for Civic purposes and Commercial activities. A Plaza shall be spatially defined by building Frontages. Its landscape shall consist primarily of pavement. Trees are optional. Plazas should be located at the intersection of important streets. The minimum size shall be 1/2 acre and the maximum shall be 2 acres. Every Plaza and portions thereof shall be at be at least 60 feet in width and length. 33 June 10, 2015 ARNOLD MILL FORM-BASED CODE – V3 City of Milton T2 T3 T4 TABLE 5: Building Form - Height. This table shows the configurations for different building heights for each Transect Zone. T4-0pen 34 June 10, 2015 ARNOLD MILL FORM-BASED CODE – V3 City of Milton a.T2 T3 T4 b.T4 c.T4Rearyard: A building that occupies the full Frontage, leaving the rear of the lot as the sole yard. This is a very urban type as the continuous Facade steadily defines the public Thoroughfare. The rear Elevations may be articulated for functional purposes. In its Residential form, this type is the Rowhouse. For its Commercial form, the rear yard can accommodate substantial parking. TABLE 6: Building Placement. This table approximates the location of the structure relative to the boundaries of each individual Lot, establishing suitable basic building types for each Transect Zone. Edgeyard: A building that occupies the center of its lot with Setbacks on all sides. This is the least urban of types as the front yard sets it back from the Frontage, while the side yards weaken the spatial definition of the public Thoroughfare space. The front yard is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well placed Backbuilding and/or Outbuilding. Sideyard: A building that occupies one side of the lot with the Setback to the other side. A shallow Frontage Setback defines a more urban condition. If the adjacent building is similar with a blank side wall, the yard can be quite private. This type permits systematic climatic orientation in response to the sun or the breeze. If a Sideyard House abuts a neighboring Sideyard House, the type is known as a Twin or double house. Energy costs, and sometimes noise, are reduced by sharing a party wall in this disposition. 35 June 10, 2015 ARNOLD MILL FORM-BASED CODE – V3 City of Milton LOT ►◄ R.O.W. LOT ►◄ R.O.W. PRIVATE ►◄ PUBLIC PRIVATE ►◄ PUBLIC FRONTAGE FRONTAGE FRONTAGE FRONTAGE a.T2 T3 T4 b. T2 T3 T4 c.T4 d.T4 e.T4 T6 f.T4 g.T4 TABLE 7: Private Frontages. The Private Frontage is the areas between the building Facades and the lot lines. SECTION PLAN Stoop: a Frontage wherein the Façade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk sufficiently to ensure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor Residential use. Stoops shall be no less than 30 inches deep. Shopfront: a Frontage wherein the Façade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. This type is conventional for Retail use. It has glazing on the Sidewalk level and an awning that should overlap the Sidewalk to within 2 feet of the Curb. Syn: Retail Frontage. Gallery: a Frontage wherein the Façade is aligned with the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. This type is conventional for Retail use. The Gallery should be no less than 10 feet wide and should overlap the sidewalk to within 2 feet of the Curb. Common Yard: a planted Frontage wherein the Façade is set back substantially from the Frontage Line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The deep Setback provides a buffer from the higher speed Thoroughfares. Porch & Fence: a planted Frontage where the Façade is set back from the Frontage Line with an attached porch permitted to Encroach. A fence, wall, or hedge at the Frontage Line maintains street spatial definition. Porches shall be no less than 8 feet deep. Terrace or Lightwell: a frontage wherein the Façade is setback back from the Frontage Line by an elevated terrace or sunken Lightwell. This type buffers Residential use from urban Sidewalks and removes the private yard from public encroachment. Terraces are suitable for conversion to outdoor cafes. Syn: Dooryard. Forecourt: a Frontage wherein the Façade is close to the Frontage Line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other Frontage types. Large trees within the Forecourts may overhang the Sidewalks. 36 June 10, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V3 City of Milton T4 a. RESIDENTIAL b. LODGING c. OFFICE d. RETAIL e. CIVIC f. OTHER RESIDENTIAL 1 dwelling unit for each Building Unit LODGING 2 guest rooms for each Building Unit OFFICE 2,250 square feet for each Building Unit RETAIL 2,250 square feet for each Building Unit OTHER 2,250 square feet for each Building Unit TABLE 8A: Building Function. This table categorizes Building functions within Transect Zones. For Specific Function and Use permitted By Right, by Warrant, or by Use Permit, see Table 9. Restricted Residential:The number of dwellings on each Lot is restricted to one within a Principal Building and one within an Accessory Building. Both dwellings shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. T2 T3 Open Residential:The number of dwelling units and buildings on each lot is unlimited except by form-based standards elsewhere in this Code. Limited Residential:The number of dwellings on each Lot is unlimited within One Principle Building except by form-based standards elsewhere in this Code, and limited to one unit within an Accessory Building. All dwelling units shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. T4-OpenWithin 200 feet of the centerline of State Route 140/Arnold Mill Road the Function regulations of T4-Open apply. Restricted Lodging:Up to two bedrooms for lodging is permitted on each lot. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Limited Lodging:Up to three bedrooms for lodging is permitted on each lot, restricted to two bedrooms in an Accessory Building. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Open Lodging:Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. Restricted Office:Office use is restricted to home occupations by the owner, with no more than one employee. Limited Office:The building area available for office use on each Lot is limited to the first Story of the Principal Building and/or the Accessory Building. Open Office:The building area available for Office use is unlimited on the first floor and available to upper stories by Warrant. TABLE 8B: Building Unit Function Exchange Rate. This table shows the rate that Building Units shall be exchanged for Functions See Table 9 See Table 9 See Table 9 Prohibited Retail: Retail is not permitted.Limited Retail:The building area available for Retail use is limited to the first story of buildings at corner locations, not more than one per block. The specific use shall be further limited to neighborhood store, or food service seating no more than 30. Open Retail:The building area available for Retail use is unlimited on the first floor and available to upper stories by Warrant. See Table 9 See Table 9 See Table 9 37 June 10, 2015 ARNOLD MILL FORM-BASED CODE – V3 City of Milton R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT a. RESIDENTIAL1 T2 T32 T42 T4-O3 f. OTHER: AGRICULTURE T2 T32 T42 T4-O3 Apartment U U Grain Storage R Live/Work Unit R R R Livestock Pen W Row House R R Greenhouse R W Duplex House R R Stable R W Courtyard House R R Sideyard House R R R Cottage R R R Kennel with Outside Pens U U House R R R R Pet Grooming R Accessory Unit R R R R f. OTHER: AUTOMOTIVE b. LODGING Gasoline Station4 W Motel, Hotel R Service Station Bed & Breakfast Inn U U R R Automotive Garage, Repair Garage R School Dormitory R R c. OFFICE Office R Car Wash5 R Radio and Television Station R Drive-Through Facility6 U Live/Work Unit R R R Roadside Stand R R R d. RETAIL f. OTHER: CIVIL SUPPORT Open-Market Structure R R R R Fire Station R R R R General Retail R R Police Station R R Pawn Shop Cemetery U U U General Service R R Funeral Home R Restaurant R R Hospital Kiosk R R Medical Office, Clinic R Drive-Through Facility6 U Push Cart W Liquor Selling Establishment W Self Service Laundromat R f. OTHER: EDUCATION Bank/Financial Institution R Bail Bondsmen Check Cashing Establishment College U U U U Adult Entertainment High School U U U U Fortune Telling Establishment Trade School U U U U R R R R Elementary School U U U U Childcare Center7 U U U U R R R R f. OTHER: INDUSTRIAL e. CIVIC Heavy Industrial Facility Bus Shelter R R R R Light Industrial Facility Convention Center Manufacturing Conference Center W Catering R Fountain or Public Art R R R R Library R R Theater R Research Laboratory Indoor Commercial Amusement R Water Supply Facility Outdoor Commercial Amusement W Sewer and Waste Facility Movie Theater R Electric Substation W W W W Museum R Telecommunications Assembly Hall, Indoor Auditorium R Cremation Facility Gymnasium R Warehouse Outdoor Auditorium W R R R Landscaping, Lawn Service R Parking Structure R Produce Storage Passenger Terminal Recycling Center Playground R R R R Mini-Storage Sports Stadium 3. T4-Open Surface Parking Lot W W 4. See Sec. 4.14 for additional requirements. Place of Worship U U U U 5. Includes both principal and accssory car washes. 1. This table notwithstanding, all senior housing shall comply with Sec. 64-1834(a).6. Drive-through facilities are considered accessory to a Retail or Automotive Function. 7. See Sec. 64-1809 for additional requirements. Laundry and Dry Cleaning Distribution Center R Assisted Living, Convalescent Home, Personal Care Home, Nursing Home, Hospice W Veterinary Clinic/Hospital, Kennel (with inside pens) See Sec. 54 of the Code of the City of Milton 2. Within 250 ft of the centerline of State Route 140/Arnold Mill Road, the Function and Use regulations of T4-Open apply. School of Business, Dance, Music or Similar TABLE 9: Specific Function and Use. This table expands the categories of Table 8 to delegate specific Functions and uses within Transect Zones. W Automobile and Light Truck Sales/Leasing Massage Parlor, Pool Hall, Escort and Dating Services, Tattoo and Body Piercing Establishment 38 June 10, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V3 City of Milton T2 RURAL ZONE T3 SUB-URBAN ZONE T4 GENERAL URBAN ZONE a. By Right By TDR b Block Perimeter c. HW BV AV CS DR ST RD Rear Lane Rear Alley Path Passage Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route d. Park Green Square Plaza Playground, Pocket Park e. Lot Width Lot Coverage f. (f.1) Front Setback Principal (f.2) Front Setback Secondary (f.3) Side Setback (f.4) Rear Setback Frontage Buildout g. Front Setback Side Setback Rear Setback h. Edgeyard Sideyard Rearyard i. Common Lawn Porch & Fence Terrace, Dooryard Forecourt Stoop Shopfront Gallery j. Principal Building Outbuilding k. Residential Lodging Office Retail ARTICLE 4 ARTICLES 1, 2, 3 1. Minimum setbacks and building separations shall be subject to fire and building code restrictions. TABLE 10: Code Summary FUNCTIONprohibited use limited use4 limited use4 restricted use limited use4 limited use4 restricted use limited use4 limited use4 3 stories max. 3 stories max. 2 stories max. 3 stories max. 3 stories max. 3 stories max. 1 min. BUILDING FUNCTION (See Table 8 and Table 9) restricted use limited use4 limited use4 BUILDING FORM-HEIGHT (See Table 5)BUILDING FORMnot permitted not permitted permitted not permitted not permitted permitted not permitted not permitted permitted not permitted not permitted permitted not permitted not permitted permitted permitted permitted permitted permitted permitted permitted PRIVATE FRONTAGES (See Table 7)BUILDING PLACEMENTnot permitted permitted permitted not permitted permitted permitted permitted permitted permitted BUILDING PLACEMENT (See Table 6) 50 ft. min. 12 ft. min. 3 ft. min. 25 ft. min. 3 ft. SETBACKS - OUTBUILDING (See Table 11) not applicable not applicable 25 ft. min.5 or 10 ft. min.2 0 ft. min. 60 ft. min. 15 ft. min. 10 ft. min. SETBACKS - PRINCIPAL BUILDING (See Table 11) 20% max 60% max. 70% max. permitted permitted permitted LOT OCCUPATION 100 ft min 70 ft. min. 18 ft. min. not permitted not permitted not permitted not permitted permitted not permitted permitted permitted permitted CIVIC SPACES (See Table 4) not permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted not permitted permitted required, or Lane not permitted permitted permitted permitted permitted permitted not permitted not permitted permitted permitted permitted permitted required, or Alley not permitted permitted permitted not permitted not permitted not permitted permitted not permitted permitted permitted BLOCK SIZE no maximum 3,000 ft. max. 2,400 ft. max. THOROUGHFARES (See Table 2 and Table 3) TDR not permitted 5 units / ac. 6 units / ac. BASE BUILDING DENSITY (See Section 1.6) 1 unit / ac. 2 units / ac. 3 units / ac. 20 ft. min. + bldg. setback permitted 50 ft. min. 3 ft. min. not applicable 40 ft. min. 12 ft. min. 3 ft. or 6 ft. min.3 0 ft. or 3 ft. min.3 2. Greater setback shall apply except for projects utilizing TDR, in which case the lesser setback shall apply. 3. Greater setback shall apply at a corner; lesser shall apply in all other situations 4. Different Building Function requirements apply in T4-Open and in portions of zones T3 and T4 within 250 feet of the centerline of State Route 140/Arnold Mill Road permitted permitted not permitted not permitted 8 ft. min. 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 39 June 10, 2015 ARNOLD MILL FORM-BASED CODE – V3 City of Milton TABLE 11A: Code Graphics - T3 1. 2. 3. (See Table 1) l. limited use* limited use* limited use*1. limited use* k. 3 stories max.2. 2 stories max. f. 70 ft. min. 60% max. i. permitted not permitted not permitted 1. not permitted g. 15 ft. min. 12 ft. min. 5 or 10 ft. min.*** 12 ft. min.** not applicable h. 20 ft. min. + bldg. setback 3 ft. min. or 6 ft. min. at corner 3 ft. min. j. permitted 1. permitted not permitted not permitted not permitted 2. not permitted not permitted Refer to Summary Table 10 3. * or 15 feet from center line of alley ***Greater setback shall apply except for projects utilizing TDR, in which case the lesser setback shall apply. "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. Porch & Fence Terrace or Lightwell Forecourt ** Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. Stoop Shopfront & Awning PARKING PLACEMENT (h.2) Side Setback (h.3) Rear Setback Common Yard (g.2) Front Setback Secondary Within T4-Open and within 250 ft of the centerline of State Route 140/Arnold Mill Road, different Function and Use regulations apply. Trash containers shall be stored within the third Layer. Uncovered parking spaces may be provided within the second and third Layer as shown in the diagram (see Table 12 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). Side- or rear-entry garages may be allowed in the first or second Layer by Warrant. Gallery SETBACKS - OUTBUILDING (See Table 10 section g) PRIVATE FRONTAGES (See Table 7) (h.1) Front Setback Principal BUILDING FUNCTION (See Table 8 & Table 9) BUILDING FORM (See Table 8) LOT OCCUPATION (See Table 10 section e) (g.3) Side Setback (g.4) Rear Setback Frontage Buildout (g.1) Front Setback Principal Principal Building Edgeyard Sideyard BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding attics and above ground portions of basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling. Height shall be measured to the eave or roof deck as specified on Table 5. Office Retail Residential Lodging SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) Rearyard Courtyard BUILDING PLACEMENT (See Table 6) Outbuilding Lot Width Lot Coverage 40 June 10, 2015 ARNOLD MILL FORM-BASED CODE – V3 City of Milton TABLE 11B: Code Graphics - T4 1. 2. 3. (See Table 1) l. limited use* limited use* limited use*1. limited use* k. 3 stories max.2. 2 stories max. f. 18 ft. min. 70% max. i. permitted permitted permitted 1. g. 10 ft. min. 8 ft. min. 0 ft. min. 3 ft. min.** n/a h. 20 ft. min. + bldg. setback 0 ft. min. or 3 ft. min. at corner 3 ft. min. j. permitted 1. permitted permitted permitted permitted 2. permitted permitted Refer to Summary Table 10 3.Trash containers shall be stored within the third Layer. Terrace or Lightwell Forecourt Stoop Shopfront & Awning Gallery Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 12 section d). (h.1) Front Setback (h.2) Side Setback (h.3) Rear Setback Common Yard Porch & Fence Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING Principal Building Outbuilding Sideyard Rearyard (g.1) Front Setback Principal (g.2) Front Setback Secondary Lodging Office Retail BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding attics and above ground portions of basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet. Height shall be measured to the eave or roof deck as specified on Table 5. SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. BUILDING PLACEMENT (See Table 6) SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) ** or 15 feet from center line of alley Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). PARKING PLACEMENT PRIVATE FRONTAGES (See Table 7) (g.3) Side Setback (g.4) Rear Setback Frontage Buildout *Within T4-Open and within 250 ft of the centerline of State Route 140/Arnold Mill Road, different Function and Use regulations apply. "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. BUILDING FUNCTION (See Table 8 & Table 9) BUILDING FORM (See Table 5) LOT OCCUPATION (See Table 10 section e) SETBACKS - OUTBUILDING (See Table 10 section g) Lot Width Lot Coverage Edgeyard Residential 41 June 10, 2015 ARNOLD MILL FORM-BASED CODE – V3 City of Milton TABLE 12: Definitions Illustrated a. THOROUGHFARE & FRONTAGES b. TURNING RADIUS c. BUILDING DISPOSITION d. LOT LAYERS e. FRONTAGE & LOT LINES f. SETBACK DESIGNATIONS 42 June 10, 2015 ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 43 ARTICLE 6. DEFINITION OF TERMS 6.1 DEFINITIONS 6.1.1 This Section provides definitions for terms in This Code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Section or in Section 64-1 of this zoning ordinance, then the community development director shall determine the correct definition . Items in italics refer to Articles, Sections, or Tables in This Code. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Structure: any building or structure permanently attached to the ground that is subordinate in both purpose and size to any Principal Building located on the same lot. Accessory structures include, but are not limited to, Outbuildings, Parking Structures, garages, gasoline station canopies, pumps, and car washes. Accessory Unit: a small Apartment sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median.Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares on all sides. Block Face: the aggregate of all the building Facades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the Code and is permitted and processed administratively, without public hearing. See Warrant and Variance. Chamfered: a condition where a small exterior wall plane at a building corner has been formed when the planes of the two adjacent walls are cut away, usually at an angle of 45 degrees. Childcare Center: A facility providing care, protection, and supervision of children on a regular basis away from their primary residence. Childcare Centers specifically exclude kindergartens, pre -kindergartens, and similar facilities when said kindergarten, pre-kindergarten, or similar facility is accredited by the Georgia Accreditation Commission. For the purpose of This Code such accredited facilities shall be considered Elementary Schools. (Syn: daycare) City Architect: a registered architect retained or employed by the City of Milton to support the community development director in reviewing development for compliance with the requirements of This Code. Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 44 Civic Building: a building operated by a city, county, state, or federal government. Civic Building Site: a parcel containing a Civic Building. Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 4. Civic Space TDR Sending Site: A Park/Greenway TDR Sending Site designated as Civic Space in an adopted plan or Code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects. Civic Zone: designation for sites dedicated for Civic Building Sites and Civic Spaces. Code, This: Article XXI of Chapter 64 of the Code of the City of Milton. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 7. Conference Center: a place of assembly that customarily charges for meeting or exhibition areas and such areas either contain Building Code occupancy limits of 800 or fewer people or have meeting and exhibition areas that total 12,000 square feet or less, regardless of whether a principal or accessory use. Configuration: the form of a building, based on its massing, Private Frontage, and height. Constrained Land: includes the area occupied by lakes, streams, wetlands, buffers, landfills and all other land so determined by the community development director. Convention Center: a place of assembly that customarily charges for meeting or exhibition areas and such areas either contain Building Code occupancy limits of more than 800 people or have meeting and exhibition areas that total more than 12,000 square feet, regardless of whether a principal or accessory use. Cottage: an Edgeyard Building containing a single-family dwelling on its own Lot, often shared with an Accessory Building in the back yard. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 6. Courtyard House: a Courtyard Building containing a single-family dwelling on its own Lot, often shared with an Accessory Building in the back yard. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Table 3A and Table 3B. Density: the number of buildings units within a standard measure of land area. Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25-35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 2A. District, This: property located within the boundaries identified in the Arnold Mill Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 7. (Variant: Lightwell, light court.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 45 Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 6. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See: Facade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Equestrian Trail: an unpaved equestrian way running independent of a vehicular Thoroughfare or Multi-Use trail and having an average width of 8 feet. Enfront: to place an element along a Frontage, as in “porches Enfront the street.” Facade: the exterior wall of a building that is set along a Frontage Line. See Elevation. Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Table 7. Frontage: the area between a building Facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 2A and Table 7. Frontage Line: a Lot line bordering a Public Frontage. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 12. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 8A and Table 9. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 7. General Retail: a business whose primary use is the sale of merchandise, food or beverages to consumers, specifically including, but not limited to, delicatessens, plant nursery, art galleries, printing shops, garden centers, retail store or shops, automotive specialty shops, repair shops not involving any manufacturing on the site, and millineries or similar trade shops whenever products are sold exclusively on the site where produced. General Retail does not include roadside vending, adult bookstores, pawnshops, liquor selling establishments or other uses specifically set forth in Table 9. General Service: a business whose primary use is to provide a service, specifically including, but not limited to, health clubs, spas, personal grooming and hygiene services, barbershops, beauty shops, laundry and dry cleaning shops (excluding laundromats), and photography studios. General Service does not include financial establishments, banks, check cashing establishments, or other uses specifically set forth in Table 9. Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 4. Greenway: an Open Space Corridor in largely natural conditions which may include Multi-Use Trails and Equestrian Trails. . Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2, and T-3). ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 46 Home Occupation: non-Retail Commercial enterprises. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 8A. House: an Edgeyard Building containing a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. Kiosk: a permanent or temporary freestanding structure with one or more open sides and no larger than 15 feet by 15 feet by 12 feet high from which General Retail merchandise, food, or beverages are offered for sale. Layer: a range of depth of a Lot within which certain elements are permitted. See Table 12. Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 9 shall not be considered Light Industrial. Lightwell: A Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 7. (Syn: light court.) Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work-Live. (Syn.: flexhouse.) Lodging: premises available for daily renting of guest rooms. See Table 9 and Table 10. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table-mounted electrical machinery or artisanal equipment, and including their Retail sale. Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 10 feet. Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 8A and Table 9. . Open Market Structure: a permanent freestanding and unconditioned structure from which vendors, farmers, and artists may display and sell new merchandise, food or beverages. Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with This Code Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 12. Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 4. Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with This Code, including sites designated as Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code Parking Structure: a building containing either two or more levels of above-ground parking or one or more levels of below-ground parking. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 47 Passage (PS): a pedestrian connector, open or roofed, that is open to the public and passes between buildings or lots to provide shortcuts through long Blocks and connect two Thoroughfares. Passages are not Civic Spaces. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 12. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: On corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade that bears the Principal Entrance to the building. See Table 7 and Table 12. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 2A and Table 2B. Push Cart: any wagon, cart, or similar wheeled container, not a vehicle as defined in the Vehicle Code of the State of Georgia, from which General Retail merchandise, food, or beverages are offered for sale. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 6. (Var: Rowhouse, Townhouse, Apartment House) Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subject to regulation by This Code. Residential: characterizing premises available for long-term human dwelling. Retail: characterizing premises available for the sale of merchandise and food service. See Table 8A and Table 9. Retail Frontage: Frontage designated on a Regulating Plan that requires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 48 Rowhouse: a single-family dwelling that shares a party wall with another single-family dwelling, is located in a row of at least three and not more than eight single-family dwellings, and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 12. Setback: the area of a Lot measured from the Lot line to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 10 section f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 7. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 6. Simulated Divided Lites: a method of constructing windows in which muntins are affixed to the inside and outside of a panel of insulating glass to simulate the look of true divided light. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Specialized Building: a building that is not subject to Residential, Commercial, or Lodging classification. See Table 6. Special Requirements: provisions of Section 4.3 of This Code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 4. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or above-ground portions of a basement. See Table 5. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. T-zone: Transect Zone. TDR: Transfer of Development Rights, a method of permanently reducing development potential of areas to be preserved as open space and transferring development potential to areas to be more densely urbanized. TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with This Code. TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been secured in compliance with This Code. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 49 Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 2A, Table 2B and Table 12a. Townhouse: See Rearyard Building. (Syn: Rowhouse) Transect: a cross-section of the environment showing a range of different habitats. The rural-urban Transect of the human environment is divided into six Transect Zones. These zones describe the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T-zone): one of several geographic areas regulated by This Code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. True Divided Lites: A term that refers to windows in which multiple individual panes of glass or lights are assembled in the sash using muntins. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 2B and Table 12. Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to This Code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of This Code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of This Code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the community development director as established in Section 64-1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk-in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parki ng on such a Thoroughfare. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 50 ARTICLE 7. ARCHITECTURAL STYLES 7.1.1 This Section provides an overview of the seven architectural styles and their colors set forth in Section 4.1 6.2. Because the execution of specific styles can vary, the description/definition of each style can vary and therefore, the information contained in this article may not be all inclusive. A. ARCHITECTURAL STYLES Vernacular: With origins in Elizabethan England and influenced by Native American and African American traditions, the Vernacular tradition in the South is the essence of beauty, function, and simplicity. It is a powerful building type, perhaps the most indigenous to America. Dating from the arrival of the first settlers, it was recycled into the fabric of later styles and has never been fully abandoned. Vernacular forms exhibit natural composition, never decorative or academic, but relating to a relaxed logic. Materiality rules, as building materials are used in their most raw, pure, forms, with ornament reduced to mere gesture, executed in the same raw materials. Essential elements include simple masses, many times saltbox and catslide, with additions and appendages. Almost without exception, roofs are gabled, with gables rarely facing the front. Shed roofs over full-length porches or enclosed additions are common. Gable-end chimneys are prominent. Windows are of similar sizes, spaced in a balanced but not overly rigid composition, and are generally non-ornamental. Window spacing relating to room arrangement is often independent of column or post spacing, which relates to the actual porch structure. Modest stylistic detailing is Federal and Greek Revival, with elements of Italianate and Carpenter Gothic. Ceiling heights range from 9 feet to 12 feet for commercial buildings, and 7 feet to 10 feet for houses. One-story Vernacular cottages may have so-called travelers rooms on either side of a front porch, featuring ceilings as low as 7 feet. Frugality rules Vernacular architecture. Hand made brick, wood horizontal lap siding, flush T&G plank siding under porches, wood-shingle and standing- seam roofs, and brick and/or stone chimneys are the typical features found in early architecture. Later forms are sometimes roofed in corrugated or 5-V galvanized metal. Typical exterior colors for earlier buildings include slate blue and earth tones such as terra cotta, taupe, and brown. Later works are typically whitewashed. Because Vernacular is not truly a style but a local building trad ition, its form never hybridized with nineteenth century styles. Stylistic detailing is applied to the building in a superficial manner. Queen Anne: The Queen Anne Style dominated domestic American architecture from about 1880 until 1900. Popularized by the architect Richard Norman Shaw, the style was a revival of late medieval styles in England. (The name Queen Anne, however has little or nothing to do with the reign of the English queen during the formalistic Renaissance period.) Indigenous versions of the style usually translated into wooden-frame structures decorated with turned spindle work and free-form Classicism, with columns, pediments, and so forth being freely substituted for medieval ornament. The movement was fueled in the New South by the commerce generated by the cotton industry. The forms of the buildings themselves are a fanciful version of medieval forms. Asymmetry was the general rule with steeply pitched roofs, front gables, and folk ornament. As opposed to the academic Adam and Greek Revival styles, there is a deliberate effort at making the façade three dimensional, using projecting gables and cutaway bays. The new railroads brought pre made spindle work and bric-a-brac ornament to almost every American town ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 51 and city, resulting in the proliferation of the quintessential gingerbread house. Windows tended to be 1/1 or 2/2 with the occasional ornamental sash. Ceilings were usually very tall, starting at 10 feet. Colors were earthy-sage, taupe, amber, gold, and brown. Trim and sashes were usually in the darker spectrum of the palette. B. COLORS AND FINISHES As the architecture demands, the color palette of the City of Milton is diverse. With an emphasis on “real” materials, whether natural or manmade, many colors and finishes should simply be left unfinished. Surfaces to be painted should complement the architecture, never commanding too much attention. Colors must never upstage the natural landscape. Colors and finishes must be appropriate to the mood and style of the building. Designs that are derived from the Vernacular style will be early 19th century color combinations, with colors such as burnt sienna; rich warm gray, mustard and “haint” blue. Designs that are inspired by Queen Anne are complex and rich, displaying earth tones that contrast to one another. The designer should research period colors and become familiar with the combinations that can be used. C. ARCHITECTURAL STYLES ILLUSTRATED The following are illustration of key components of the above-noted styles. Please note that the graphics show the styles as utilized on single-family detached houses, although these styles can readily translate into commercial or mixed-use buildings through use of stylistic detailing. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 52 ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V3 City of Milton June 10, 2015 53 Arnold Will Regulating Plan -DRAFT V3 ARNOLD MILL FORM -BASED CODE June 10, 2015 Prepared by TSW This map produced using data provided by the City of Milton, Fulton County, the Atlanta Regional Commission, field work by lbnnell-Spangler-Walsh &Associates, and other public sources. Data are not guaranteed. HO IBEST QUALITY OF LIFE IN GEN LTESTABLISH ED 2006 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-11 AN ORDINANCE TO CREATE ARTICLE_XX1, ARNOLD MILL FORM BASED CODE OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 15, 2015 6:00 p.m. as follows: SECTION 1. That the creation of Article XXI, Arnold Mill Form Based Code of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of June, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF' . )NI ESTAIiLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-12 — Kings Close with Approximately 525 Feet of Frontage on the West Side Located in the 2nd District, 2nd Section in Land Lots 396 and 397 by Five Oaks Development, Inc. to Rezone from AG -1 (Agricultural) to R -2A (Residential) to Develop 5 Single Family Residences on 6.431 Acres with Minimum One Acre Lots. MEETING DATE: Monday, June 15, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages it necessary) See attached memorandum APPROVAL BY CITY MANAGER: �APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (} YES KNO CITY ATTORNEY REVIEW REQUIRED.- () YES YNO APPROVAL BY CITY ATTORNEY () APPROVED {) NOT APPROVED PLACED ON AGENDA FOR. - REMARKS 91_*You - PHONE: 678.242.25001 FAX. 678.242.2499 G lree n � *C:eruried * roe Tau info@cityofmiltonga.us I www.cityofmiltonga.us �� ��-ni.irf Community 4 Erh',C5 i 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 1 of 15 RZ15-12 RZ15-12 PROPERTY INFORMATION ADDRESS Kings Close with approximately 525 feet of frontage on the west side DISTRICT, LAND LOT 2/2 396 and 397 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING R-2A (Residential) ACRES 6.431 EXISTING USE One existing single family residence PROPOSED USE 5 Single Family Residential Units PETITIONER Five Oaks Development, Inc. ADDRESS 2950 Mount Wilkinson Parkway, Unit IIII Atlanta, GA 30339 REPRESENTATIVE Scott Reece Brumbelow - Reese & Associates, Inc. 13685 Highway 9, Milton GA 30004 PHONE 770-475-6817 COMMUNITY DEVELOPMENT RECOMMENDATION – MAY 27, 2015 RZ15-12 – APPROVAL CONDITIONAL INTENT To rezone from AG-1 (Agricultural) to R-2A (Residential) to develop 5 single family residences on 6.431 acres with minimum one acre lots. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 2 of 15 RZ15-12 PLANNING COMMISSION RECOMMENDATION – MAY 27, 2015 RZ15-12 – APPROVAL CONDITIONAL – 7-0 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 3 of 15 RZ15-12 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 4 of 15 RZ15-12 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 5 of 15 RZ15-12 CITY OF MILTON 2030 COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 6 of 15 RZ15-12 SITE PLAN SUBMITTED MARCH 27, 2015 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 7 of 15 RZ15-12 SUBJECT SITE AND BACKGROUND: The subject site contains 6.431 and is developed with one single family residence as well as a new street called Kings Close. The street is bisected with the Forsyth County Line. It is currently zoned AG-1 (Agricultural) and is accessed through The Manor Golf and Country Club via Watsons Bend. The site is located within the “Private Recreation” designation of the City of Milton 2030 Comprehensive Plan Map. The subject site was not land within the golf course and therefore, mislabeled on the Plan Map. The applicant is requesting a rezoning to R-2A (Residential) to develop 5, minimum one acre lot single family residences at an overall density of .777 units per acre. The existing home will be torn down to allow a new structure on lot 75. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on March 27, 2015, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-508 R-2A (Single Family Dwelling District) Development Standards Proposed Development No building shall exceed 40 feet in height None indicated Minimum front yard – 60 feet 60 feet Minimum side yard as follows: Adjacent to interior line: 15 feet Adjacent to street: 30 feet 15 feet 30 feet (There are no side yards adjacent to a street) Minimum rear yard – 40 feet 40 feet Minimum lot area – 27,000 sq.ft. 1 Acre Minimum lot width shall be 120 ft. 120 feet Minimum lot frontage shall be 35 feet adjoining a street 35 feet Minimum heated floor area shall be as follows: For two-story dwelling: 1,800 sq.ft. or Per the letter of intent – 4,000 sq.ft. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 8 of 15 RZ15-12 OTHER SITE PLAN CONSIDERATIONS Pursuant to Sec 64-2392, the Zoning Ordinance requires sidewalks which shall be constructed in accordance with the Department of Public Works standard plan which requires sidewalks on at least one side of the street. Within the City Code, Chapter 50, Subdivisions, it is required that sidewalks within residential subdivisions be a minimum of 5 feet in width with a minimum 2 foot beauty strip between the sidewalk and the curb. The site plan does not indicate the required sidewalks, but a condition is included to provide a sidewalk on at least one side of the street. The stormwater for this site will be addressed with the lake on the southern portion of the property. Homes within this development will be required to meet the Rural Milton Overlay District development standards. This includes maximum lot coverage of 25 percent where fronting on private streets. This is based on a recent amendment of the Overlay by the Mayor and City Council. Otherwise, it appears that the development meets the requirements of the Overlay. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Sec. 64-2126. The applicant has stated the following: “There is no jurisdictional Flood Plain per official FEMA maps. All wetlands located on this site are located within lake/stream banks or buffers with no development activity proposed in this area. A portion of the property located along the edge of the lake contains slopes of 25 percent or greater. This area is covered in mature woodlands with no visible erosion or de-stabilization and no activity is planned in this area. Our field inspection discovered no vegetation or historical sites located on this property. A tree survey was performed on this property and the specimen trees located on this property are shown on the site plan.” ARBORIST COMMENTS The proposed rezoning will be subject to the same specimen tree preservation and tree density coverage as the existing zoning development standards. It appears that the 42” water oak between lots 71 and 72 should be preserved. It appears that some of the trees on lot 75 will be removed to build a new house. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 9 of 15 RZ15-12 CITY OF MILTON FIRE MARSHAL The Fire Marshal has no issues with the proposed site plan. Further evaluation of the plan will be made at the time of the Land Disturbance Permit application. FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 10 of 15 RZ15-12 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 11 of 15 RZ15-12 PUBLIC INVOLVEMENT On April 27, 2015 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There was no one in attendance for the subject site. Public Comments – Staff has received one phone call or e-mail regarding this petition. Staff explained the proposal and the neighbor was satisfied. PUBLIC PARTICIPATION REPORT Staff received the report on May 18, 2015. The applicant’s Public Participation Meeting was held on May 13, 2015 between 5:00 pm and 8:00 pm at the Brumbelow-Reese offices located on Hwy 9. There was one person in attendance at the meeting. He was representing The Manor HOA and concerned that this property is not part of the Manor covenants. The applicant’s attorney and the HOA attorney are trying to work out this issue. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – May 5, 2015 There appears to be no other solution for the site. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 5 lot single family residential subdivision developed at a density of .777 units per acre is consistent with the adjacent development to the north, west and south within the City of Milton and The Manor Golf and Country Club which is zoned AG-1 and developed with minimum one acres lots. To the east in Forsyth County, it is zoned R2R which requires a minimum lot size of 22,000 square feet. Further to the east, it is Zoned MPD (Master Plan Development) at a density of 1.84 units per acre. It is Staff’s opinion that the proposed use and density is suitable with adjacent properties within the City. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 12 of 15 RZ15-12 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal may not adversely affect existing use or usability of the adjacent properties. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. Comments from the Fulton County Board of Education are included in the report as it relates to the estimated number of new students for the proposed rezoning which will have an impact on the elementary and middle schools. It is Staff’s opinion that the proposal will not cause a burden on transportation facilities if approved with the Recommended Conditions. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2030 Comprehensive Land Use Plan Map – Private Recreation (Low Density Residential) Proposed use/density: Single Family Residential at .777 units per acre/CONSISTENT Although the Plan Map recommends Private Recreation, it is believed it should have been designated Low Density Residential based on the designation for The Manor. This property was not a part of the golf course itself. In addition, the R-2A zoning designation is acceptable within the Low Density Residential designation. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 13 of 15 RZ15-12 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is consistent with the adjacent development for lot size and density, but the applicant requested the R-2A designation to allow smaller side setbacks to be consistent with the opposite side of the road within Forsyth County. It is consistent with the 2030 Future Land Use Plan and therefore, Staff recommends APPROVAL CONDITIONAL of RZ15-12. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities and tree recompense. CONCLUSION The proposed 5 lot single family subdivision is consistent with the City of Milton’s 2030 Comprehensive Land Use Plan and adjacent and nearby properties. Therefore, Staff recommends APPROVAL CONDITIONAL OF RZ15-12. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 14 of 15 RZ15-12 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Kings Close with approximately 525 feet of frontage on the west side, it should be approved for R-2A (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 5 total dwelling units at a maximum density of .777 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on March 27, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015 6/11/2015 Page 15 of 15 RZ15-12 3) To the owner’s agreement to the following site development considerations: a) Minimum one acre lots. b) Minimum heated floor area per unit – 4,000 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Provide 5 foot sidewalk with 2 foot beauty strip on at least one side of internal streets. b) Dedicate, at no cost to the city, at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. i. Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. 5) To the owner’s agreement to abide by the following: a) Prior to the application for a land Disturbance Permit, the developer/engineer shall submit to the Department of Community Development a Stormwater Concept Plan. The plan shall comply with the requirements of the Stormwater Division of Chapter 20 Environment of the City of Milton Code of Ordinances. b) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. ORDINANCE NO._______ PETITION NO. RZ15-12 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO R2-A (SINGLE FAMILY RESIDENTIAL) FOR A 5 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED ON KINGS CLOSE CONTAINING 6.431 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 15, 2015 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located Kings Close consisting of a total of approximately 6.431 acres as described in the attached legal description, be rezoned to the R-2A (Single Family Residential) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 396 and 397 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the R-2A (Single Family Residential) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 5 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the Cit y Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 15th day of June, 2015. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Kings Close with approximately 525 feet of frontage on the west side, it should be approved for R-2A (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 5 total dwelling units at a maximum density of .777 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on March 27, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum one acre lots. b) Minimum heated floor area per unit – 4,000 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Provide 5 foot sidewalk with 2 foot beauty strip on at least one side of internal streets. b) Dedicate, at no cost to the city, at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. i.) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. 5) To the owner’s agreement to abide by the following: a) Prior to the application for a land Disturbance Permit, the developer/engineer shall submit to the Department of Community Development a Stormwater Concept Plan. The plan shall comply with the requirements of the Stormwater Division of Chapter 20 Environment of the City of Milton Code of Ordinances. b) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. SITE PLAN RECEIVED ON MARCH 27, 2015 HOME OF' ESTAIiLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2015 FROM: City Manager AGENDA ITEM: Consideration of U15-03NC15-02 —2780 Bethany Bend by Bob Dike to Request a Use Permit for a Day Care Facility (Sec. 64-1809) for After School Program and Summer Camp within an Existing Church and a Concurrent Variance to Allow a Non-opaque Fence for the Playground enclosure [Sec. 64-1809(b)(3)]. MEETING DATE: Monday, June 15, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES VNO CITY ATTORNEY REVIEW REQUIRED: O YES )NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR REMARKS 91v youn a PHONE: 678.242.25001 FAX: 678.242.2499 "Green .v info@cityofmiltonga.us I www.cifyofmilfonga.us u_ Community i F;h' °f t 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "� - I �1''e``` T Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015. 6/11/2015 U15-03/VC15-02 Page 1 of 12 PETITION NUMBERS U15-03/VC15-02 ADDRESS 2780 Bethany Bend DISTRICT, LAND LOT 2/2, 833 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) and Use Permit for Church pursuant to U97-21 PROPOSED USE PERMIT Day Care Facility ACRES 7.1266 EXISTING USE 120 Seat Church OWNER Morning Star Church of the New Church ADDRESS 2780 Bethany Bend Milton, GA 30004 APPLICANT Morning Star Church of the New Church / Bob Dyke ADDRESS 2780 Bethany Bend Milton, GA 30004 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – MAY 27, 2015 U15-03 - APPROVAL CONDITIONAL VC15-02 – APPROVAL PLANNING COMMISSION RECOMMENDATION – MAY 27, 2015 U15-03 - APPROVAL CONDITIONAL - 7-0 VC15-02 – APPROVAL – 7-0 To request a Use Permit for a Day Care Facility (Sec. 64-1809) for after school program and summer camp within an existing church and a concurrent variance to allow a non-opaque fence for the playground enclosure (Sec. 64-1809(b)(3)). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015. 6/11/2015 U15-03/VC15-02 Page 2 of 12 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015. 6/11/2015 U15-03/VC15-02 Page 3 of 12 EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015. 6/11/2015 U15-03/VC15-02 Page 4 of 12 2030 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015. 6/11/2015 U15-03/VC15-02 Page 5 of 12 SITE PLAN SUBMITTED – March 27, 2015 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015. 6/11/2015 U15-03/VC15-02 Page 6 of 12 SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with a 120 seat church on 7.1266 acres. SITE PLAN ANALYSIS Based on the applicant’s revised site plan and revised letter of intent submitted to the Community Development Department on March 27, 2015, Staff offers the following considerations: Day Care Facility (Section 64-1809) Required Standard Meets the Standard (a) Required Districts; R-6, TR, A, and A-L. May be allowed in single-family districts and AG-1 in conjunction with an institutional use such as a church, temple, place of worship, school or a hospital. This use is allowed as a permitted use in districts CUP, O-I, MIX, C-1, C-2, Deerfield/Hwy 9 Form Based Code and Crabapple Form Based Code. Yes, existing church (b) Standards. 1. Facility shall be for seven or more persons, excluding staff. Yes No 2. Provide a minimum six-foot-high opaque fence interior to any required landscape strips or buffers around the periphery of the yard used for the play area. No, See VC15- 02 discussed below. 3. Play areas shall be located within the rear or side yards. Yes 4. The hours of operation shall be limited to 6:00 a.m. to 7:00 p.m. Yes 5. No parking allowed in the minimum front yard setback. Yes 6. Driveway design shall permit vehicles to exit the property in a forward direction. Yes 7. In accordance with section 64-2131, submit a noise study report as required. Does not apply. The applicant’s letter of intent received on March 27, 2015 explains their plans for the proposed after school and summer camp programs. The programs will be operated by Wonderland International Learning Center. Students attending the after school program will be drawn from local elementary schools ranging in age from 5 to 12. There may be some tutoring classes offered for students from middle school and high school. The maximum number of students in the after school or summer camp would be 60. The church building has approximately 5,000 square feet. The after school program will utilize three class rooms, a large society room and the 2,100 square Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015. 6/11/2015 U15-03/VC15-02 Page 7 of 12 foot sanctuary. A flat open grass area of approximately 11,500 square feet in the rear of the church will be used for outside activities. A 1,024 square foot area in the rear of the open area will be dedicated to a playground facility. The grassy area and the playground will be enclosed with a 6 foot high decorative black aluminum fence. We are seeking a concurrent variance to replace the required opaque fence with an aluminum vertical rail type fence. Discussion of Use Permit Standards The applicant meets the standards for the daycare with the exception of the request to construct a non-opaque fence around the playground, which is discussed below. VC15-02 - To allow a non-opaque fence for the playground enclosure (Sec. 64- 1809(b)(3)). The applicant is proposing a non-opaque fence to surround the playground. A black metal vertical fence was proposed. At the Design Review meeting they asked if a four board horse fence could be installed. The applicant is open to that if it looks good at six feet as required by code. Staff has found that the state does not allow for chicken wire for fencing which is used for equestrian fencing. It is Staff’s opinion that installing a non-opaque fence is consistent with the goal of the city to limit opaque fences and walls, Staff recommends APPROVAL CONDITIONAL of VC15-02. Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1143. City Arborist There are no specimen trees impacted by the development of the playground or fenced in area on the site. Fire Marshal Two emergency exits leading from different sides of the fence surrounding the playground, but not through the building maybe required. In addition, the interior will need to be reviewed for compliance for fire code based on the educational function of the use. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there are no wetlands, floodplain, streams, steep Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015. 6/11/2015 U15-03/VC15-02 Page 8 of 12 slopes or archeological/historical sites. There is no endangered vegetation or wildlife on the site. Public Involvement Community Zoning Information Meeting On April 28, 2015 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was one member of the community in attendance at the meeting. The following issues were brought up at the meeting: The proposed after school program would produce too much traffic in the area. When the church was originally approved in 1997, there was not supposed to be any additional uses. (Staff notes that this was not in the conditions of zoning from 1997.) The kids on the playground will disturb the adjacent neighbors. City of Milton Design Review Board Meeting Courtesy Review – May 5, 2015 No primary colors. Install four board horse fence, unless alternative is required by code. Public Participation Plan and Report The applicant held the required Public Participation Meeting at the Morning Star Chapel at 8:00 pm on May 18, 2015. There was no one from the community or other interested parties at the meeting. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed use within the existing church is located in the land use category “Community Facilities” on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit for day care facility is Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015. 6/11/2015 U15-03/VC15-02 Page 9 of 12 permitted in the AG-1 (Agricultural) district when it is associated with a church and is consistent with the Community Facilities land use category. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is located near the northwest corner of Bethany Bend and Hopewell Road. There are scattered single family residences to the north and northeast of the site. On the northeast corner of Bethany Bend and Hopewell Road is zoned for NUP (Neighborhood Unit Plan) for a total of 24 single family residences pursuant RZ13-16. To the southeast is Cambridge High School and to the south is Kings Ridge Christian Academy located within the City of Alpharetta. Further to the southwest is North Park within the City of Alpharetta. It is Staff’s opinion that the proposed after school and summer camp uses are compatible with adjacent and nearby properties if approved with the Recommended Conditions . 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance is approved. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets is minimal based on the estimate afternoon left turns into the site are 7 for drop off and 7 for pick up during the peak periods for the use. In addition, the average daily trips on Bethany Bend are 8,800 per day and meets the threshold for a left turn lane. The drop off and pick up times will occur outside of both the school peak hour and evening peak hour. 4. The location and number of off-street parking spaces; A day care facility requires 1.7 spaces per 1,000 square feet plus 1 space per 4 employees. The area to be used is 5,000 square feet and there will be approximately 8 employees. Therefore, the number of required off street parking spaces is 11 spaces. There is an existing parking lot for the church which has more than 40 parking spaces. 5. The amount and location of open space: The proposed site provides adequate open space on the site if approved with the recommended conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015. 6/11/2015 U15-03/VC15-02 Page 10 of 12 6. Protective screening: The site meets the required buffers and landscape strips at the time of the approval of the Use Permit for the church. Since that time, the City has adopted the Rural Milton Overlay that requires a 75 foot undisturbed buffer and 10 foot improvement setback if additional square footage was proposed. The applicant is only adding a fenced playground area but the site plan indicates compliance with the 75 foot undisturbed buffer and 10 foot improvement setbacks adjacent to single family residential. In addition, the existing configuration of the site and vegetation meets the requirements of the Rural Viewshed that requires buildings to be 60 feet from the road. 7. Hours and manner of operation: The following hours are proposed as indicated in the applicant’s letter of intent: Monday through Friday -2:30 p.m. to 7:00 pm School Holidays – 8:00 a.m. to 7:00 p.m. Summer Camp - 8 a.m. to 6:30 p.m. It is Staff’s opinion that the above mentioned hours of operation are reasonable for the proposed uses and will be included in the Recommended Conditions. 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 9. Ingress and egress to the property. The proposed use will access the site using the existing drive way which includes a right turn lane on Bethany Bend. Utilizing the International Traffic Engineers trip generation rates for a daycare center based on 60 students, there are an estimated 25 a.m. entering trips for drop off and 23 p.m. entering trips for pick up. The distribution for entering vehicles is projected to be 70% westbound and 30% eastbound. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015. 6/11/2015 U15-03/VC15-02 Page 11 of 12 CONCLUSION If approved with the Recommended Conditions, the proposed after school program and summer camp associated with a church are consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U15-03 and VC15-02 be APPROVED CONDITIONAL. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 15, 2015. 6/11/2015 U15-03/VC15-02 Page 12 of 12 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Day Care Facility (Sec. 64-1809) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An after-school and summer camp within the existing building for no more than 60 students. b) The hours of operation shall be the following: i. After School Program Monday through Friday -2:30 p.m. to 7:00 pm School Holidays – 8:00 a.m. to 7:00 p.m. ii. Summer Camp: Monday –Friday 8:00 a.m. – 6:30 p.m. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on March 27, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) No primary colors shall be used for the playground equipment. b) To allow non-opaque fencing for the playground. (VC15-02) ORDINANCE NO._______ PETITION NO. U15-03/VC15-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE USE A PERMIT FOR A DAYCARE FACILITY (SEC. 64- 1809) ON 7.1266 ACRES LOCATED AT 2780 BETHANY BEND. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 15, 2015 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 2780 Bethany Bend consisting of a total of approximately 7.166 acres as described in the attached legal description, be approved for a Use Permit for a Day Care Facility for after school and summer camp activities associated with a church with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 833 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the day care facility listed in the attached conditions of approval, be approved under the provisions Sec. 64-1809 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 15th day of June, 2015. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Day Care Facility (Sec. 64-1809) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An after-school and summer camp within the existing building for no more than 60 students. b) The hours of operation shall be the following: i. After School Program Monday through Friday -2:30 p.m. to 7:00 pm School Holidays – 8:00 a.m. to 7:00 p.m. ii. Summer Camp: Monday –Friday 8:00 a.m. – 6:30 p.m. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on March 27, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) No primary colors shall be used for the playground equipment. b) To allow non-opaque fencing for the playground. (VC15-02) SITE PLAN SUBMITTED – March 27, 2015 0 HOME OF" aF BFST QEJALiTY w, M1. LTON' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. MEETING DATE: Monday, June 15, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER.- U APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (iYES O NO CITY ATTORNEY REVIEW REQUIRED: _YES (} NO APPROVAL BY CITY ATTORNEY APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: a S t REMARKS © You(n PHONE: 678.242.2500 FAX: 678.242.2499 Green ;pied ; Top 1W 0 infoCcityofmiltonga.us I www.cityofmiltonga.us "'ILDLIF, Community soh;r5 f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004"�' "` ` 'g10 Page 1 of 2 To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on May 19, 2015 for the June 1, 2015 Regular Council Meeting (First Presentation) and June 15, 2015 Regular Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election ____________________________________________________________________________ Department Recommendation: Approve the attached ordinance authorizing Fulton County to Conduct Election. Executive Summary: On November 3, 2015, an election will be held in the City of Milton to elect the Mayor and City Councilmembers for District 1/Post 2, District 2/Post 2 and District 3/Post 2. O.C.G.A. §21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the contract is attached to the ordinance and incorporated therein. Funding and Fiscal Impact: The General Election fee of $52,522.80 and General Run-Off Election fee of $48,748.70 (if needed) will be included in the FY2016 budget. This fee will be maintained by Fulton County in a separate election account. Within 120 days after the election or run-off election, Fulton County will furnish a refund of any excess fees. Alternatives: N/A Legal Review: Paul Higbee – Jarrard & Davis (May 26, 2015) Page 2 of 2 Concurrent Review: Ken Jarrard, City Attorney Chris Lagerbloom, City Manager Attachments: Ordinance of the City Council to Authorize Fulton County to Conduct Election Intergovernmental for the Provision of Election Services between Fulton County, Georgia and the City of Milton, Georgia Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION BE IT ORDAINED by the City Council of the City of Milton, GA while in regular se ssion on June 15, 2015 at 6:00 p.m. as follows: WHEREAS, on November 3, 2015, an election will be held in the City of Milton to elect the Mayor and City Council members for District 1/Post 2, District 2/Post 2, and District 3/Post 2; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections: 1. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the same, that the Mayor is authorized to enter into a contract with Fulton County to conduct this election approved by the Georgia Secretary of State, which contract is attached hereto and incorporated herein. 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Page 2 of 2 4. This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 15th day of June, 2015. Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk ______________________________ _______________________________ Karen Thurman, Councilmember Burt Hewitt, Councilmember (District 1/Post 1) (District 1/Post 2) ______________________________ _______________________________ Bill Lusk, Councilmember Matt Kunz, Councilmember (District 2/Post 1) (District 2/Post 2) __________________________ _______________________________ Joseph Longoria, Councilmember Rick Mohrig, Councilmember (District 3/Post 1) (District 3/Post 2) ffiTERGOVERNMENTALAGREEMENT FOR THE PROVISION OF ELECTION SERVICES BETWEEN FUL TON COUNTY, GEORGIA and THE CITY OF MILTON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT is entered into this __ day of 2015, between Fulton County, Georgia ("County"), a political subdivision of the State of Georgia, and the City of Milton, Georgia ("City"), a municipal corporation lying wholly or partially within the County. WHEREAS, the parties to this Agreement are both governmental units; and WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient and cooperative relationship that will promote the interests of the citizens of both jurisdictions; and WHEREAS, both parties are interested in serving the needs of the citizens of the City by the County providing for the services of conducting all elections required and permitted by law; and WHEREAS, the City desires to contract with the County to conduct all municipal elections for the citizens of the City pursuant to the applicable laws of the State of Georgia; and WHEREAS, the City and the County are authorized by Art. IX, Sec. III, Par. I of the Constitution of the State of Georgia to contract for any period not exceeding fifty (50) years for the provision of facilities or services which they are authorized by law to provide, including an agreement for the conduct of the City elections; and WHEREAS, O.C.G.A. § 21-2-45(c) authorizes the governing authority of any municipality to contract with the county within which that municipality wholly or partially lies to conduct any or all elections; and WHEREAS, pursuant to O.C.G.A. § 21-2-45(c), a municipality may by ordinance authorize a county to conduct such election(s), and the City has adopted such an ordinance; and WHEREAS, the Fulton County Board of Registration and Elections ("BRE") has jurisdiction over the conduct of primaries and elections and the registration of electors in the County; and WHEREAS, the BRE, among other things, is responsible for the selection and appointment of the elections Superintendent, who selects, appoints, and trains poll workers for elections; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: ARTICLE 1 CONDUCT OF ELECTIONS 1.1 This Agreement will govern the conduct of any and all elections which the City requests the County to conduct, including any and all runoffs which may be necessary. It is the intent of the parties that City elections be conducted in compliance with all applicable federal, state and local legal requirements. 1.2 For each City election, City, at its sole option, shall submit to County a request in the form attached hereto as Exhibit A. Requests must be made in conformance with O.C.G.A § 21-2- 540, now and as it may be amended hereafter, to the address specified in the Notice Section below. The City shall make its request to the County within ninety (90) days of an election or the County shall have no obligation to conduct the City election which was the subject of the request. 1.3 In the event any special City election becomes necessary, the City and the County shall confer and determine a mutually convenient date as allowed by law to conduct any such election. ARTICLE 2 TERM OF AGREEMENT This Agreement shall commence on the date that it is executed by or on behalf of the governing authority of Fulton County, Georgia and will terminate on December 31, 2024, unless otherwise terminated as set forth herein. ARTICLE 3 DUTIES AND RESPONSIBILITIES Pursuant to this Agreement, each party shall provide the following enumerated services: 3.1 Upon receipt of request to perform a City election, and the agreement to conduct a City election, the County through the Superintendent or their designee(s) shall be responsible for: a) Designating early and advance voting sites and hours; b) Placing the City's candidate(s) on the electronic and printed ballots for City elections after qualifying; c) Placing the City's referendum question(s) on the ballot for a City election after timely written notice from the City is received by the County (which such notice shall include all necessary details and information); d) Hiring, training, supervising and paying poll officers and absentee ballot clerks; e) Preparing and submitting to the City Clerk, as required by state law O.C.G.A. § 21-2-224( e), now and as it may be amended hereafter, a list of electors. Page 2 of 13 f) Performing duties of elections Superintendent, and absentee ballot clerk for City elections; g) Performing logic and accuracy testing as required by Sections 183-1-12-.02 and .07 of the Official Compilation of Rules and Regulations of the State of Georgia, now and as they may be hereafter amended; h) Providing staff, equipment and supplies for conducting City elections at City polling places on City election days and for conducting recounts as may be required; i) Certifying City election returns as required by state law O.C.G.A. § 21-2-493, now and as it may be amended hereafter, and submitting certified City election returns to the Georgia Secretary of State and City Clerk or as otherwise directed; j) Upon a change in City precincts or voter districts, notifying City residents of any change in voting districts and/or municipal precincts; and 3.2 The City shall be responsible for: a) Recommending early voting sites and hours of operation to the County. b) Adopting Election resolutions pursuant to O.C.G.A. § 21-2-45(c), now and as it may be amended hereafter, and calls for special City elections as required by O.e.G.A. § 21-2-540, now and as it may be amended hereafter; c) Preparing qualifying materials for potential candidates and performing qualifying of candidates, including any write-in candidates, for City elections as required by state law, specifically O.C.G.A. § 21-2-130 et seq., now and as it may be amended hereafter; d) Placing advertisements in the City's legal organ regarding calls for special City elections, as required by state law O.C.G.A. § 21-2-540, now and as it may be amended hereafter; e) Fixing and publishing the qualifying fee as required by state law under O.C.G.A. § 21-2-131, now and as it may be amended hereafter; f) Collecting and retaining the qualifying fee as required by state law O.C.G.A. § 21-2-131, now and as it may be amended hereafter; g) Performing filing officer duties as required by the Georgia Government Transparency and Campaign Finance Commission for any and all state reports filed by the candidates or committees in conjunction with City elections to ensure compliance with Title 21, Chapter 5 of the Official Code of Georgia; h) If the City desires to review and verify the accuracy of the voter list(s) for City residents, it must do so not less than 30 days prior to Election Day; Page 3 of 13 i) Providing the County with a detailed map showing the City's municipal boundaries and voting district boundaries; j) For all aspects related to the issuance of bonds by the City, except for City referendum election duties specifically requested of the County as provided herein; k) Notifying the County immediately of the need for a special City election including election races and/or ballot referendum questions; 1) Provide the County the ballot language for any election, including election races and/or ballot referendum questions, seventy-five (75) days before Election Day for an election that contains a federal contest and sixty (60) days before Election Day for all other elections; m) Providing the County with an electronic copy of referendums that must be placed on a ballot; n) Providing the County, via electronic mail or facsimile, affidavits and listing of candidates immediately after close of qualifying; 0) Reviewing ballot proofs and notifying County of corrections or approval within seventy-two (72) hours of receiving proofs for candidate listings; and p) Otherwise cooperating with the County in the performance of this Agreement and providing the County such documentation and information as it may reasonably request to facilitate the performance of its duties under this Agreement. ARTICLE 4 COMPENSATION AND CONSIDERATION 4.1 Pursuant to this Agreement and O.C.G.A. § 21-'2-2-45(c) now and as it may be amended hereafter, the City shall pay to the County all costs incurred in performing the functions agreed upon herein. 4.2 For City elections that are to be conducted contemporaneously with a countywide election, the City will pay a base charge of $1,000, plus a 10% administrative fee of the actual election and runoff costs based on the municipality's pro-rata share of the number of electors in the municipality versus the total number of electors in the County. a) An estimate of the City's pro-rata share of the election and runoff costs based on past similar elections will be provided to the City and is due to the County sixty (60) days prior to Election Day. b) Following the election and runoff, the actual costs of the election and runoff will be determined, as well as the City's pro-rata share of the actual costs. Page 4 of 13 c) If based on the estimated election and runoff costs, a refund is due to the City, said refund will issue within sixty (60) days after the City's receipt of the County's detailed billing statement. Said detailed billing statement shall be delivered to the City within sixty (60) days after the conclusion of the election and any required runoff. d) If based on the estimated election and runoff costs, the City owes the County an additional amount for the election and runoff, the County will issue a detailed billing statement for that amount which is due and payable within sixty (60) days of receipt of said billing statement. 4.3 For City elections that are not conducted contemporaneously with a countywide election, the City will pay the actual cost of such election and runoff plus a 10% administrative fee of the actual election and runoff costs. a) The County will prepare an estimated budget for the City election based on similar past elections in the form attached as Exhibit B within thirty (30) days of receipt of the City's request for the County to conduct a special City election. The City will pay the County the sum determined in Exhibit B for the election and runoff to be maintained in a separate election account. Said amount is due ninety (90) days prior to Election Day. b) Following the election and runoff, the actual costs of the election and runoff will be determined. i) If based on the payment made in compliance with Exhibit B, a refund is due to the City, said refund will issue within sixty (60) days after the City's receipt of the County's detailed billing statement. Said detailed billing statement shall be delivered to the City within sixty (60) days after the election and any required runoff. ii) Ifbased on the payment made in compliance with Exhibit B, the City owes the County an additional amount for the election and runoff, the County will issue a detailed billing statement for that amount which is due and payable within sixty (60) days of said billing statement. ARTICLES LEGAL RESPONSIBILITIES 5.1 In a City only election, the City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any City election, except claims or litigation regarding the acts of agents or employees of the County, or as a result of equipment supplied or provided by the County, the County Board of Registration and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement with the exception of and with respect to the candidate prequalification period(s). Further, the City, will be responsible for all costs incurred in responding to any such claims or litigation, including but not limited to, hiring outside counsel and all expenses associated with the election challenge and any appeals thereafter. Page 5 of 13 5.2 In the event that a City election is contested, the City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any contested City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registrations and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement, as a result of any error, omission, tort, intentional tort, willful misconduct or any other negligence on the part of the County and/or its employees, agents and assigns. Further, the City will be responsible for all costs incurred in responding to the election challenge, including but not limited to, hiring outside counsel and all expenses associated with the election challenge and any appeals thereafter. 5.3 To the extent allowed by law, the City agrees to defend and hold harmless the County with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the County may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the City and/or its employees. 5.4 To the extent allowed by law, the County agrees to defend and hold harmless the City with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the City may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the County and/or its employees. 5.5 It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. 5.6 Should it be necessary to comply with legal requirements that any of the County's personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. ARTICLE 6 EMPLOYMENT STATUS 6.1 All County personnel assigned under this Agreement are and will continue to be employees of the County for all purposes, including, but not limited to: duties and responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training, workers compensation and disciplinary functions. 6.2 I All County personnel assigned under this Agreement are and will continue to be part of the Fulton County Department of Registration and Elections and under the supervision of the Superintendent. 6.3 All City personnel assigned under this Agreement are and will continue to be employees of the City. Page 6 of13 ARTICLE 7 RECORD KEEPING AND REPORTING 7.1 The County Registration and Elections Department is the central repository for all departmental records and makes available public records as defined and required by the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq., O.C.G.A. § 21-2-51 and O.C.G.A. § 21-2-72, now and as they may be amended hereafter. During the term of this Agreement, the County will continue to comply with the applicable provisions of the Georgia Open Records Act and the Georgia Election Code. 7.2 Except as limited by any provision of state or federal law, the City may request, review and access data and County records at a mutually agreed upon time to ensure compliance with this Agreement. ARTICLES TERMINATION AND REMEDIES Either party may unilaterally terminate this Agreement, in whole or in part, for any reason whatsoever by notice in writing to the other party delivered at least thirty (30) days prior to the effective date of the termination. ARTICLE 9 NOTICES All required notices shall be given by certified first class U.S. Mail, return receipt requested. The parties agree to give each other non-binding duplicate notice via electronic mail. Future changes in address shall be effective upon written notice being given by the City to the County Elections Superintendent or by the County to the City Manager via certified first class U.S. mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: If to the County: Fulton County Board of Registration and Elections Attn: Director 130 Peachtree St SW, Suite 2186 Atlanta, Georgia 30303 With a copy to: Fulton County Office of the County Attorney Attn: County Attorney 141 Pryor Street SW, Suite 4038 Atlanta, Georgia 30303 Page 7 of 13 If to the City: City Manager With a copy to: City Attorney ARTICLE 10 NON-ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. ARTICLE 11 ENTIRE AGREEMENT The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. No representation oral or written not incorporated in this Agreement shall be binding upon the City or the County. All parties must sign any subsequent changes in the Agreement. ARTICLE 12 SEVERABILITY, VENUE AND ENFORCEABILITY If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or is construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement is governed by the laws of the state of Georgia without regard to conflicts of law principles thereof. Should any party institute suit concerning this Agreement, venue shall be in the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. Page 8 of13 ARTICLE 13 BINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the respective parties' successors. ARTICLE 14 COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 9 of 13 IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. FULTON COUNTY, GEORGIA APPROVED AS TO SUBSTANCE: (Seal) Chair, Board of Commissioners Attest: -------------------------- Clerk to Commission Date: ---------------- ATTEST: APPROVED AS TO FORM: Fulton County Attorney's Office APPROVED AS TO SUBSTANCE: Richard L. Barron, II Director, Fulton County Board of Registrations and Elections SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 10 of 13 CITY OF MILTON, GEORGIA Mayor ___________ (SEAL) Date: --------------------- APPROVED AS TO FORM: City Attorney Page II of 13 City Clerk (SEAL) APPROVED AS TO SUBSTANCE: City Manager EXHIBIT A As per the Agreement executed on the City of Milton hereby requests that Fulton County conduct its Genera/Special Election on November 3, 2015 and Runoff Election on December 1,2015. The last day to register to vote in this election is October 5,2015. The list of early voting locations will be forthcoming. This day of -' 20_ (SEAL) City Clerk The Fulton County Board of Registrations and Elections agrees to conduct the City of Milton General/Special Election on November 3,2015 and Runoff Election on December 1, 2015. This day of , 20_. (SEAL) Elections Superintendent Fulton County Board of Registrations and Elections Page 12 of13 EXHffiIT B - PROJECTED COST Page 13 of 13 CITY OF MIL TON GENERAL ELECTION November 3,2015 350-265-2683 COST 1001 SALARIES - OVERTIME 1,905.00 1002 SALARIES - PART-TIME TEMPORARY $9,664.00 1005 SEASONAL - TEMPORARY 10,830.00 1010 SOCIAL SECURITY-SALARIES $1,390.00 1011 SOCIAL SECURITY-MEDICARE $325.00 1060 UNEMPLOYMENT INS $45.00 1120 RENTAL EQUIPMENT $2,177.00 1121 RENTAL BUILDINGS $1,325.00 1159 HOURL Y FEE PERSONNEL Poll Worker Pay and Training Class Fee $13,983.00 Election Day Technicians Election Night Workers 1160 PROFESSIONAL SERVICES $550.00 1174 SECURITY - TRAFFIC AND BUILDINGS $2,443.00 1178 FEES - BOARD MEMBERS $55.00 11342 ADVERTISING $352.00 1346 MILEAGE $65.00 1452 VEHICLE SUPPLIES - FUEL 468.00 1456 POSTAGE $688.00 1459 PRINTING & BINDING $248.00 1461 PHOTOCOPIES $60.00 1462 OFFICE & ELECTION SUPPLIES $725.00 1475 STOCKPAPER $55.00 I CITY OF MIL TON GENERAL ELECTION November 3, 2015 350-265-2683 1501 INSURANCE-HEALTH $205.00 1505 INSURANCE-LIFE $11.00 1510 INSURANCE-DENTAL $23.00 1512 INSURANCE-VISION $4.00 1522-RETIREMATCH $58.00 1527 DC- CNTR-EPLR $75.00 1529 DC-CNTR- 2% $19.00 I SUB-TOTAL $47,748.00 10 % ADMINISTRATIVE FEE $ 4,774.80 I GRAND TOTAL $52,522.80 I 5/8/2015 CITY OF MIL TON RUNOFF ELECTION December 1, 2015 350-265-2684 COST 1001 SALARIES - OVERTIME 2,654.00 1002 SALARIES - PART-TIME TEMPORARY $8,325.00 1005 SEASONAL - TEMPORARY 3,096.00 11010 SOCIAL SECURITY-SALARIES $1,287.00 1011 SOCIAL SECURITY-MEDICARE $535.00 1060 UNEMPLOYMENT INS $74.00 1120 RENTAL EQUIPMENT $3,033.00 1121 RENTAL BUILDINGS $1,843.00 1159 HOURL Y FEE PERSONNEL Poll Worker Pay and Training Class Fee $17,319.00 Election Day Technicians Election Night Workers 1160 PROFESSIONAL SERVICES I $766.00 1174 SECURITY - TRAFFIC AND BUILDINGS $1,303.00 1178 FEES - BOARD MEMBERS $77.00 1342 ADVERTISING $490.00 1346 MILEAGE $92.00 1452 VEHICLE SUPPLIES - FUEL 805.00 1456 POSTAGE $958.00 1459 PRINTING & BINDING $130.00 1461 PHOTOCOPIES $100.00 1462 OFFICE & ELECTION SUPPLIES $779.00 1475 STOCKPAPER $100.00 ICITY OF MILTON RUNOFF ELECTION 1 December 1,20151 350-265-2684 1501 INSURANCE-HEAL TH $287.00 1505 INSURANCE-LIFE $15.00 1510 INSURANCE-DENTAL $32.00 1512 INSURANCE-VISION $5.00 1522-RETIREMATCH $80.00 1527 DC- CNTR-EPLR $106.00 1529 DC-CNTR- 2% $26.00 SUB-TOTAL $44,317.00 10 % ADMINISTRATIVE FEE $ 4,431.70 GRAND TOTAL $48,748.70 HOME OF ' FSTABLiSHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Inter -Agency Agreement between the City of Milton, Georgia and the Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners North Fulton Atlanta. MEETING DATE: Monday, June 15, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: n YES ONO CITYATTORNEY REVIEWREQUIRED: YES ONO APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR,- REMARKS OR: REMARKS {)NOT APPROVED © YOUEM PHONE: 678.242,2500 1 FAX: 678,2422499 Green a info@cityofmiltonga.us 1 www.cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 !Certified * rop.7UU Liry of 1A7CLLI�� _ To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on May 26, 2015 for the June 15, 2015 Regular Council Meeting Agenda Item: Consideration of an Inter-Agency Agreement between the City of Milton, Georgia and the Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners North Fulton Atlanta to Implement Certain Economic Development Related Sections of the Strategic Plan Department Recommendation: Approval. Executive Summary: The City of Milton recognizes that a successful economic development program requires long- term continuity, maximum flexibility, and intergovernmental cooperation in order to compete effectively in the marketplace. Consequently, enhanced cooperation between the City and other economic development agencies across the region is essential. Toward that end, Progress Partners of North Fulton was an initiative created by the Greater North Fulton Chamber of Commerce to position the six cities of North Fulton County as one of the top destinations in Georgia for long term growth and quality of life. Since Milton will likely benefit from the regional activities and coordination provided by this initiative, continued membership is recommended. Funding and Fiscal Impact: Economic Development Budget - $25,000. Alternatives: There are no alternatives to this proposal. Legal Review: Paul N. Higbee Jr. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Inter-Agency Agreement INTER-AGENCY AGREEMENT BETWEEN THE CITY OF MILTON, GEORGIA AND THE GREATER NORTH FULTON CHAMBER OF COMMERCE, INC. D/B/A PROGRESS PARTNERS NORTH FULTON ATLANTA THIS AGREEMENT is made and effective as of ____________________, between THE City of Milton hereafter "City", a municipal corporation of the State of Georgia and Progress Partners of North Fulton Atlanta, hereafter "Progress Partners", the initiative of the Greater North Fulton Chamber of Commerce (GNFCC) designed to position North Fulton as one of the top destinations in Atlanta for long-term economic growth and superior quality of life. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. The term of this agreement will be for 12 months. 2. The City will pay to Progress Partners of North Fulton Atlanta a total of $25,000.00, paid in either one installment or two equal installments. 3. The City Economic Development professionals will serve as a Regional Advisory Council to Progress Partners, acting in the role of providing insight and guidance to the strategy of Progress Partners as it relates to the inter-agency agreement. 4. Progress Partners will provide the following on a multi-year basis: Regional Marketing Campaign: o Creation of regional collateral materials based on regionally identified target industries and focus areas o Coordination of content and advertising for annual North Fulton Market Report section of the Atlanta Business Chronicle o Coordination of advertorial and advertising for annual Business Georgia issue published by Georgia Trend Magazine o Coordination of other advertising opportunities based on regionally identified target industries and focus areas o Update of Progress Partners website based on direction from Regional Advisory Council Annual Economic Development Summit and/or Familiarization (FAM) Tour: o Rotation of starting city on an annual basis o Targeting of site selectors, brokers & project managers from Metro Atlanta o Selection of tour stops by Regional Advisory Council Regional Representation at Tradeshows/Events/Conferences: o Creation of a regional display booth based on direction from Regional Advisory Council o Membership in Georgia’s Innovation Crescent Regional Partnership (ICRP) and participation in tradeshows as determined by the ICRP partnership o Participation in other tradeshows/events/conferences as determined based on regionally identified target industries and focus areas Other: o Regional representation with ARC, GA Power, GEDA, GDEcD, MAC o Camera Ready Program Management 5. To determine the effectiveness of the partnership and the effectiveness of the Progress Partners initiative with respect to the City’s economic development goals and vision, the following key performance measures will be evaluated: o Creation and distribution of regional collateral materials o Monthly website hits o Economic Development Summit and/or FAM Tour completion o Trade shows/events/conferences involved with o Camera ready requests handled Progress Partners will provide monthly written reports to the City outlining progress with respect to key performance measures and activities. These written reports will provide insight into activities and performance in relation to North Fulton. The reports will be augmented and supported by regular meetings of the Regional Advisory Council. Upon request, key Progress Partners leadership will appear before City Council in public session on an annual basis to provide a reporting of activities and performance to-date and a proposed plan of action for the coming year. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Progress Partners agrees that, during performance of this Agreement, Progress Partners, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Progress Partners agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. E-Verify. It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Progress Partners shall provide evidence on City-provided forms, attached hereto as Exhibits “A” and “B” (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Progress Partners’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed; or (2) the Progress Partners provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Progress Partners hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “A”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Progress Partners hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Progress Partners employs or contracts with any subcontractor(s) in connection with the covered contract, the Progress Partners agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “B”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Progress Partners agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Progress Partners is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Progress Partners’ and Progress Partners’ subcontractors’ verification process at any time to determine that the verification was correct and complete. The Progress Partners and Progress Partners’ subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Progress Partners is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Progress Partners or Progress Partners’ subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Progress Partners and Progress Partners’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Progress Partners or Progress Partners’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Progress Partners’ failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Progress Partners shall be liable for all damages and delays occasioned by the City thereby. Progress Partners agrees that the employee-number category designated below is applicable to the Progress Partners. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Progress Partners hereby agrees that, in the event Progress Partners employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Progress Partners will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. CITY OF MILTON, GA THE GREATER NORTH FULTON CHAMBER OF COMMERCE, INC. D/B/A PROGRESS PARTNERS NORTH FULTON ATLANTA By: _________________________ by: __________________________ Joe Lockwood, Mayor Brandon Beach, President/Secretary Date: ________________________ Date: _________________________ [AFFIX CORPORATE SEAL] EXHIBIT “A” STATE OF GEORGIA CITY OF MILTON CONSULTANT AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date [Insert Company Name] _________________________________________ Title of Authorized Officer or Agent of Contractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201__ ________________________________________ Notary Public My Commission Expires: ___________________ EXHIBIT “B” STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with The Greater North Fulton Chamber of Commerce, Inc. d/b/a Progress Partners North Fulton Atlanta on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13- 10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date ________________________________________ Insert Subcontractor Name _________________________________________ Title of Authorized Officer or Agent of Subcontractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ _________________________________________ Notary Public My Commission Expires:________________