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Agenda Packet CC - 12/07/2015 - 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, December 7, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Father Matthew VanSmoorenburg, L.C. – St. Brendan, The Navigator Catholic Church, Cumming, 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. 15-300) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 7 , 2015 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the Financial Statements for the Period Ending October, 2015. (Agenda Item No. 15-301) (Bernadette Harvill, Finance Manager) 2. Approval of a Contract Agreement between the City of Milton and Overhead Door Company of Atlanta, a Division of D.H. Pace Co. for the Installation of a Security Grille at Northwestern Middle School. (Agenda Item No. 15-302) (Jim Cregge, Parks & Recreation Director) 3. Approval of a Resolution and Contract for Acquisition of Right of Way by and Between the Georgia Department of Transportation and the City of Milton for Project PI 0011675 Crabapple Streetscape. (Agenda Item No. 15-303) (Carter Lucas, Assistant City Manager) 4. Approval of an Amendment to the OpenGov, Inc. Contract to Add the Full Suite of Web-Based Financial Transparency Services. (Agenda Item No. 15-304) (Stacey Inglis, Assistant City Manager ) 6) REPORTS AND PRESENTATIONS 1. Recognition and Presentation of Milton “Five” Year Anniversary Service Award Pins. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of RZ15-25 – 13201 Deerfield Parkway by Inwood Holdings, LLC to Rezone from T-5 Limited to A (Medium Density) Apartments for the Existing 356 Unit Apartment Development (North Park Apartments). (Agenda Item No. 15-305) (Kathleen Field, Community Development Di rector) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 7 , 2015 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of RZ15-26 – To Create a New Use Permit for Alternative Housing for Seniors in AG-1 and Single Family Residential Districts. (Agenda Item No. 15-306) (Kathleen Field, Community Development Director) 3. Consideration of RZ15-27 – To amend the Signs, Article XVI of the Zoning Ordinance (Chapter 64). (Agenda Item No. 15-307) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Create a Conservation Subdivision – Chapter 50, Article V of the City Code of Milton. (Agenda Item No. 15-183) (First Presentation at July 6, 2015 Regular Council Meeting) (Discussed at July 13, 2015 City Council Work Session) (Discussed at August 20, 2015 Special Called Work Session) (Discussed at August 20, 2015 Regular City Council Meeting and Deferred to September 21, 2015 Regular City Council Meeting) (Postponed at the September 14, 2015 Special Called Meeting) (Published on September 21, 2015 Regular City Council Meeting Agenda but not discussed) (Kathleen Field, Community Development Director) 2. Consideration of the Final Service Delivery Strategy Agreement between the City of Milton, Fulton County, and All Other Municipalities in Fulton County. (Agenda Item No. 15-272) (Deferred at October 19, November 2, & November 19, 2015 Regular City Council Meetings) (Ken Jarrard, City Attorney) 3. Consideration of a Resolution Appointing Members to the City of Milton Comprehensive Plan Advisory Committee by Appointing Members from District 1/Post1, District 1/Post 2, District 2/Post 1, District 3/Post 1 and District 3/Post 2. (Agenda Item No. 15-308) (Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 7 , 2015 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4. Consideration to Appoint the City of Milton Comprehensive Plan Advisory Committee Chairperson (pursuant to Resolution No. 15-11-353, Section 5). (Agenda Item No. 15-309) (Mayor Joe Lockwood) 11) NEW BUSINESS (None) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Police 2. Public Works 3. Parks and Recreation 4. Community Development 5. Economic Development 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-310) CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 30, 2015 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending October, 201 5 MEETING DATE: Monday, December 7, 2015 Regular City Council Meeting BACKGROUND INFORMATION: {Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ¢·APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY ()APPROVED PLACED ON AGENDA FOR: REMARKS I] You (D PHONE: 678.242.2500 I FAX: 678.242.2499 info@cityofmiltonga .us I www .cityofmiltonga .us 13000 Deerfield Parkway. Suite l 07 I Milton GA 30004 () NOT APPROVED () NOT APPROVED To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Manager Date: Submitted on November 24, 2015 for the December 7, 2015 Regular Council Meeting Agenda Item: Financial Statements for Period 1 – October 2015 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 14.91% over what is anticipated for the first period of the fiscal year. Please remember as you look at the financial statements that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to-date are $1,403,035 and are 7.35% 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 $15,879,113, capital expenditures-to-date total $34,055. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending October 2015 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 9,902,000 - - - - - - Motor Vehicle Tax 975,000 - - - - - - Intangible Tax 200,000 - - - - - - Real Estate Transfer Tax 85,000 - - - - - - Franchise Fees 1,900,000 - - - - - - Local Option Sales Tax 8,300,000 - - - - - - Alcohol Beverage Excise Tax 295,000 - - - - - - Business & Occupation Tax 650,000 915 - 915 915 - 915 Insurance Premium Tax 1,800,000 - - - - - - Financial Institution Tax 39,000 - - - - - - Penalties & Interest 32,300 1,290 8 1,282 1,290 8 1,282 Alcohol Beverage Licenses 145,000 15,600 15,600 - 15,600 15,600 - Other Non-Business Permits/Licenses 16,800 2,088 1,517 571 2,088 1,517 571 Zoning & Land Disturbance Permits 217,100 25,475 18,092 7,383 25,475 18,092 7,383 Building Permits 480,000 59,677 40,000 19,677 59,677 40,000 19,677 Intergovernmental Revenue - - - - - - - Other Charges for Service 600,000 35,936 50,000 (14,064) 35,936 50,000 (14,064) Municipal Court Fines 550,000 57,464 45,833 11,630 57,464 45,833 11,630 Interest Earnings 20,450 2,795 1,704 1,091 2,795 1,704 1,091 Contributions & Donations - 493 - 493 493 - 493 Other Revenue 47,628 11,224 9,398 1,826 11,224 9,398 1,826 Other Financing Sources 38,000 - 3,167 (3,167) - 3,167 (3,167) Total Revenues 26,293,278 212,957 185,318 27,639 212,957 185,318 27,639 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 171,375 18,119 19,497 (1,377) 18,119 19,497 (1,377) City Clerk 193,574 16,902 18,278 (1,376) 16,902 19,862 (2,960) City Manager 705,273 68,066 64,802 3,264 68,066 64,802 3,264 General Administration 43,557 1,612 2,609 (997) 1,612 2,609 (997) Finance 427,877 37,301 36,475 826 37,301 36,475 826 Legal 230,000 1,525 - 1,525 1,525 - 1,525 Information Technology 863,103 124,172 131,033 (6,861) 124,172 131,033 (6,861) Human Resources 341,602 21,425 23,612 (2,186) 21,425 23,612 (2,186) Risk Management 216,328 712 712 - 712 712 - General Government Buildings 396,421 32,239 33,035 (797) 32,239 33,035 (797) Public Information & Marketing 309,345 26,677 27,227 (550) 26,677 28,227 (1,550) Municipal Court 335,708 28,643 32,869 (4,226) 28,643 32,869 (4,226) Police 4,202,095 334,746 368,421 (33,675) 334,746 368,421 (33,675) Fire 5,997,260 480,660 519,510 (38,850) 480,660 519,510 (38,850) Public Works 2,029,695 116,297 123,126 (6,829) 116,297 123,126 (6,829) Parks & Recreation 1,509,405 15,785 25,490 (9,705) 15,785 25,490 (9,705) Community Development 688,885 56,051 61,754 (5,703) 56,051 61,754 (5,703) Economic Development 78,588 22,103 23,265 (1,162) 22,103 23,265 (1,162) Debt Service - Capital Lease Payment - - - - - - - Operating Transfers to Other Funds 12,564,834 - - - - - - Operating Reserve 187,401 - - - - - - Total expenditures 31,492,326 1,403,035 1,511,715 (108,680)1,403,035 1,514,299 (111,265) Net Income/(Loss)(5,199,048)(1,190,078)(1,190,078) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 2,000$ -$ -$ (2,000)$ Hometown Jubilee Vendor Fee 1,000 - - (1,000) Interest Revenues - - - - Crabapple Fest Sponsor 15,000 - - (15,000) Earth Day Sponsor 4,500 - - (4,500) Concert Sponsor - - - - Mayor's Run Sponsor 1,000 - - (1,000) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees - - - - Roundup Food Sales - - - - Total revenues 23,500$ -$ -$ (23,500)$ EXPENDITURES Current: Special Events 79,140$ 5,548$ 5,548$ 73,592$ Total Expenditures 79,140$ 5,548$ 5,548$ 73,592$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 47,000$ -$ -$ (47,000)$ Total other financing sources and uses 47,000$ -$ -$ (47,000)$ Net change in fund balances (8,640)$ (5,548)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2015 3 of 9 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/Federal Funds - 30,482 30,482 30,482 Interest Revenues/State Funds - 2 2 2 Interest Revenues/Federal Funds - 5 5 5 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 30,489$ 30,489$ 30,489$ EXPENDITURES Current: Police -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 30,489$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2015 4 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 890,000$ -$ -$ (890,000)$ Interest Revenue - - - - Total revenues 890,000$ -$ -$ (890,000)$ EXPENDITURES Current: Public Safety 909,080$ 1,589$ 1,589$ 907,491$ Total Expenditures 909,080$ 1,589$ 1,589$ 907,491$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses 300,000$ -$ -$ -$ Net change in fund balances (319,080)$ (1,589)$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2015 5 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 67,000$ -$ -$ (67,000)$ Total revenues 67,000$ -$ -$ (67,000)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 47,000 - - (47,000) Total other financing sources and uses 67,000$ -$ -$ (67,000)$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2015 6 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 90,000$ -$ -$ (90,000)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 120,000 - (120,000) HYA Fees - - - Interest Revenue 500 - - (500) Realized Gain or Loss on Investments - - - - Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 210,500 -$ -$ (210,500)$ EXPENDITURES Capital Outlay City Council 710,069$ -$ -$ 710,069$ General Admin 13,762 - - 13,762 Finance - - - - IT - - - - Court 100,000 - - 100,000 Police 1,079,618 - - 1,079,618 Fire 2,571,791 2,915 2,915 2,568,876 Public Works 8,759,757 18,360 18,360 8,741,397 Parks & Recreation 2,309,424 12,780 12,780 2,296,644 Community Development 334,692 - - 334,692 Total Capital Outlay 15,879,113$ 34,055$ 34,055$ 15,845,058$ Excess of revenues over expenditures (15,668,613) (34,055) (34,055) (16,055,558) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 8,327,979$ -$ -$ (8,327,979)$ Transfers in from E-911 Fund 300,000$ (300,000)$ Unallocated - - - -$ Lease Proceeds - - - -$ Proceeds of Sale of Assets - - -$ Budgeted Fund Balance - - - - Total other financing sources and uses 8,627,979 - - (8,627,979) Net change in fund balances (7,040,634) (34,055) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2015 7 of 9 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)146,732 - - (146,732) CDBG 20,500 4,600 4,600 (15,900) LMIG Funds 200,000 - - (200,000) GDOT HPP Funds 5,930,730 - - (5,930,730) MARTA Grant 74,650 - - (74,650) SR 9 @ Bethany Bend Grant 872 - - (872) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - Interest Revenues - - - - Total revenues 6,877,546$ 4,600$ 4,600$ (6,872,946)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 6,221,004$ 411$ 411$ 6,220,593$ Community Development 4,900 - - 4,900 Total Capital Outlay 6,225,904$ 411$ 411$ 6,225,493$ Excess of revenues over expenditures 651,642 4,189 4,189 (647,453) OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,411,202$ -$ -$ (1,411,202)$ Transfers in to General Fund - -$ -$ -$ Budgeted Fund Balance - - - - Total other financing sources and uses 1,411,202$ -$ -$ (1,411,202)$ Net change in fund balances 2,062,844 4,189 City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2015 8 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues - Contributions & Donations - - - - Total revenues -$ -$ -$ -$ EXPENDITURES Capital Outlay General Government Buildings 9,962,164$ -$ -$ 9,962,164$ Parks & Recreation 2,513,138 6,000 6,000 2,507,138 Bond Principal 589,878 589,878 Bond Interest 276,256 30,486 30,486 245,770 Total Capital Outlay 13,341,436$ 36,486$ 36,486$ 13,304,950$ Excess of revenues over expenditures (13,341,436) (36,486) (36,486) 13,304,950 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 2,825,653$ -$ -$ (2,825,653)$ Revenue Bond Proceeds 3,227,530 - - (3,227,530)$ Total other financing sources and uses 6,053,183$ -$ -$ (6,053,183)$ Net change in fund balances (7,288,253) (36,486) City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2015 9 of 9 TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 30, 2015 City Manager Approval of a Contract Agreement between the City of Milton and Overhead Door Company of Atlanta , a Division of D.H. Pace Co. for the Installation of a Security Grille at Northwestern Middle School Monday, December 7, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach addit ional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ~APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ~ YES () NO CITY ATTORNEY REVIEW REQUIRED: ~ YES () NO APPROVAL BY CITY ATTORNEY ~APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 17-Q'l IS- REMARKS IJ You ii!!:rm PHONE : 678.242.2500 I FAX : 678 .242.2499 info @cityofmlltonga.us I www.cityofmlltonga .us 13000 Deerfield Parkway. Suite 107 I Milton GA 30004 m i"' ·--,-*** @ '.,Green • *Ce rt ifi ed* roti 100 • * c· f .. w1wuH Community \ E:~i ~ J · _ '!.!:t'.::J CEAT~F (0 IRONZE~ ~:;.g t...# Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on November 23, 2015 for the December 7, 2015 Regular Council Meeting Agenda Item: Approval of a Contract Agreement between the City of Milton and Overhead Door Company of Atlanta, a division of D.H. Pace Co. for the Installation of a Security Grille at Northwestern Middle School . ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Contract Agreement between the City of Milton and Overhead Door Company of Atlanta, a division of D.H. Pace Co. for the Installation of a Security Grille at Northwestern Middle School . Executive Summary: Northwestern Middle School has agreed to provide access to their bathrooms near the gymnasium if we can secure the bathroom area from the rest of the school. The growth in the girls’ lacrosse program requires more restroom capacity than a porta potty. The security grille is necessary to lock down the area from the rest of the school. This project has been approved by the Fulton County Board of Education and Northwestern Middle School. Funding and Fiscal Impact: Overhead Door Co. of Atlanta was the lowest bidder at $9,998.00. This is within the amount budgeted for in the FY16 Capital budget. Page 2 of 2 Alternatives: There are two alternatives. The first is to add additional porta potties at $105.00 per unit per month. The second is to physically construct a separate set of restrooms on the school property but outside of the school. This has a projected cost of $80,000 to $100,000 if the permission and location can be obtained. Legal Review: Elizabeth Whitworth – Jarrard & Davis (November 12, 2015) and Ken Jarrard – Jarrard & Davis (November 20, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Overhead Door Co. of Atlanta Contract Agreement AGREEMENT TERMS AND CONDITIONS This Agreement is by and between the City of Milton, Georgia, a municipal corporation acting by and through its governing authority the Milton Mayor and City Council and located at the address provided in the Proposal, attached hereto and incorporated herein by reference (hereinafter "Buyer"), and D. H. Pace Company, Inc. (D/B/A Overhead Door Co. of Atlanta), a Delaware corporation, located at (hereinafter "Seller")- Payment Seller"). Payment to be made as follows: The City shall pay Seller within thirty (30) days after approval of the invoice submitted to the City for completed Work. Terms. The products ("Products") described above and the labor necessary to install the Products ("Labor') are herein collectively referred to as the "Work", and such Work is described in the Proposal attached hereto as Exhibit "A" and incorporated herein by reference. The Project shall include the completion of all Work at the project site identified by the Buyer. Scope of Work. Seller agrees to perform for Buyer the Work at the Project. Buyer acknowledges and agrees that: (i) the prices quoted by Seller for the Products are based upon plans, specifications, verbal information or sketches as indicated herein and the addenda hereto; and (ii) that the Work contemplated under this Proposal is fully and correctly described herein. Unless included in the description of and prices quoted for Products, glass, glazing, painting and electrical wiring is excluded under this Proposal and will be provided only upon receipt of a supplemental order signed by Buyer. This quotation is based upon a visual inspection; it does not take into account concealed deficiencies in the substrata. Immediately upon discovery of said deficiencies the Buyer will be notified of additional cost before corrective work is performed, which additional cost must be approved by the Buyer in writing prior to being incurred. If this estimate includes cutting into existing concrete/asphalt structure, it is the responsibility of the Buyer to advise the Seller of any concealed utilities or other hazards prior to the start of work; provided that before starting work, Seller will inspect the site and advise Buyer of any apparent hazards or deficiencies. If Seller does not advise Buyer of any apparent hazards or deficiencies prior to performing the Work, Seller shall be deemed to have accepted the site conditions. Any required testing to locate or determine location of said utilities or concealed hazards shall be completed by individuals/entities other than Seller. Proposal Price. Buyer will pay Seller for performance of the Work within 30 days of approval of the Seller's invoice submitted to the City for completed Work. If performance of the Work extends over 30 days, Buyer agrees to pay Seller progress payments for completed portions of the Work, provided that the milestones associated with such progress payments and related amount of such progress payments must be approved in writing by the Buyer prior to being required under this Agreement. If payment of any sum is not made when and as due under this Proposal, Buyer shall pay interest on such delinquent sums at the rate of 1.50% per month or, the highest contract rate allowed under applicable law. If Buyers check is dishonored or returned for any reason, Buyer's account will be electronically debited for the amount of the check plus the state maximum processing fee. Contract Time. Installation dates are estimates only, and, although Seller agrees to proceed with the work in reasonably prompt manner, Seller cannot guarantee commencement of Work or completion thereof on any specific date. Completion dates cannot be given until Seller has been furnished with complete approved drawings and any additional reasonably necessary information it may request. Seller shall not be liable for total or partial failure to complete the Work, or for any delay in delivering Products or Labor under the Proposal; provided that the Buyer shall not be liable for any payment to Seller until the entire Project is complete. Seller shall not be liable in any event for any special or consequential damages on account of failure or delay in performance, regardless of cause. Quoted price is contingent upon customer having opening(s) clear of all obstructions and available during the day of work. Excessive wait time to clear opening will result in hourly charges being added to the work order; provided that such charges must be approved in writing by the Buyer prior to being incurred. This Agreement may be terminated for convenience by the City at any time prior to installation of the products, as described in the Proposal. Work Performance. Performance of the Work will be made by Seller in a prompt manner, but Seller cannot be responsible for damage or delay due to acts of God, accidents, civil disturbances, delays in transportation by common carrier, strikes, war, unavailability of material or other cause beyond the reasonable control of Seller. If Products are installed before a finished floor is completed, warranty is limited, and Seller assumes no responsibility for fitting the Product to the floor. An additional charge may be made to Buyer for returning to the Project for adjustments to the Product; provided that such additional charges shall be approved in writing by the Buyer prior to being incurred. Seller assumes no responsibilities for failure of installation of the Product due to structural deficiencies in an existing building. Buyer shall prepare the Project for installation in accordance with requirements of Seller, which requirements shall be provided to the Buyer in writing in advance of such installation. If special work, requiring additional material and labor is required to meet conditions other than those specifically described in this Proposal, Buyer agrees to pay an additional charge therefore; provided that such charge must be approved in writing by the Buyer prior to being incurred. Seller shall be allowed uninterrupted and exclusive access to the Project during performance of the Work; provided that Buyer employees or representative may be on hand during such performance. No Product may be returned without Sellers prior written approval. All Product returned is subject to a minimum of 25% restocking fee, except where such return is completed due to material defects in the Product. In the event of Buyer's insolvency this Proposal shall be cancelled and Seller shall have no further obligations to Buyer hereunder. Insurance. For the duration of this Agreement, Seller shall carry statutorily adequate workmen's compensation insurance as well as commercial liability insurance to cover performance of the Work (including claims of injuries to persons or property which may arise from performance of the Work by Seller) and reasonable commercial automobile insurance coverage. Seller shall include subcontractors as insureds under its policies or shall furnish separate certificates of insurance for each subcontractor completed the Work under this Agreement. Seller shall provide evidence of the required coverage to the City by providing certificates of insurance and endorsements to the policies required herein. All policies are subject to approval by the City as to form and content. Alterations. Any alterations or modifications to the Work must be agreed upon between the parties and any change in the price fixed by them before work on such alteration or modification shall commence. Payment for such alteration or modification shall be made at the time of the completion of the Work. Permits and Licenses. Buyer shall be responsible for securing the necessary permits for the Work at Buyer's own cost and expense. Limited Warranty on Defective Products, Parts or Services. In addition to any warranty offered by the manufacturer, Seller offers the following exclusive LIMITED WARRANTY on products, parts and services: Seller warrants that any complete door unit installed or supplied under this Agreement shall be free from defects in material and workmanship for a period of one (1) year after such unit is installed by Seller. Wood products are warranted only if properly protected by Buyer no later than ten (10) days after delivery, and per the manufacturer's instructions, with prime and finish coats of the manufacturer's recommended paint. Seller warrants that all parts and equipment replaced by Seller or its authorized representative shall be free from defects for a period of ninety (90) days after replacement. For a period of thirty (30) days after service, Seller warrants that its services were performed in a professional and workmanlike manner. Buyer must notify Seller of any problem within the warranty period. This LIMITED WARRANTY does not apply to any part or equipment which has been tampered with or subjected to misuse or abuse, or which has been repaired by anyone other than persons authorized by Seller. ALL WARRANTIES FOR THESE PRODUCTS AND SERVICES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE ONLY VALID FOR THE TIME PERIODS SPECIFIED HEREIN, AND IN NO EVENT FOR LONGER THAN ONE (1) YEAR FROM THE DATE OF PURCHASE. IN CASE OF BREACH OF ANY OF THESE WARRANTIES, SELLER'S OBLIGATIONS SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE WORKMANSHIP OR PART WITHOUT CHARGE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LIABILITY FOR BUYER'S EXPENSES OR LOSS OF INCOME WHILE PRODUCTS OR EQUIPMENT ARE OUT OF OPERATION) IN CONNECTION WITH THE EQUIPMENT, PRODUCTS, SERVICES, PARTS AND LABOR PROVIDED HEREUNDER, OR THE BREACH OF ANY RELATED IMPLIED OR EXPRESS WARRANTY, EXCEPT THAT DAMAGES FOR PERSONAL INJURY SHALL NOT BE PRECLUDED. THIS EXCLUSION OF DAMAGES DOES NOT APPLY IN KANSAS. Modification of Proposal. Any modification of this Proposal or additional obligation assumed by either party in connection with this Proposal shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. Governing Law. It is agreed that this Proposal shall be governed by, construed and enforced in accordance with the laws of the state in which the Project is located. All Work completed by the Seller shall be in accordance with applicable legal requirements. THE BUYER HEREBY REQUIRES SELLER TO PROVIDE "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. Indemnification. Seller shall defend, indemnify and hold harmless the Buyer (as well as the Buyer's elected and appointed officials, officers, boards, commissions, employees, and representatives) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities") that may arise from or be the result of Seller's alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Seller, any subcontractor, anyone directly or indirectly employed by Seller or subcontractor, or anyone for whose acts the Seller or subcontractor may be liable. Independent Contractor. Seller hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. The Seller agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work, payment of its employees and subcontractors, including benefits and compliance with Social Security. Seller agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. 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 Seller agrees that, during performance of this Agreement, Seller, 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, Seller agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Assignment. Neither Buyer nor Seller may assign, transfer or delegate any duties of this Agreement without the prior written consent of the other party. As to approved subcontractors, the Seller shall be solely responsible for reimbursing them, and the City shall have no obligation to them. Authority to Contract. The individual executing this Agreement on behalf of the Seller covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Seller to the terms of this Agreement, if applicable. Entire Agreement; Severability. This Agreement constitutes the complete agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement. Should any portion of this Agreement later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible. Notices. All notices required by this Agreement shall be in writing and shall be deemed received and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or (3) upon actual delivery when sent via national overnight commercial carrier to the party at the address provided above, or at a substitute address previously furnished to the other party by written notice in accordance herewith. Immigration Compliance. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless the Seller shall provide evidence on City -provided forms, attached hereto as Exhibits `B" and "C" (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 Seller's subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period. Seller hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit `B", and submitted such affidavit to City. Further, Seller 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 Seller employs or contracts with any subcontractor(s) in connection with the covered contract, Seller 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 "C", which subcontractor affidavit shall become part of the contractor/subcontractor agreement. If a subcontractor affidavit is obtained, Seller agrees to provide a completed copy to the Buyer within five (5) business days of receipt from any subcontractor. Seller and Seller's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Seller agrees that the employee -number category designated below is applicable to the Seller. 500 or more employees. 100 or more employees. Fewer than 100 employees. Seller hereby agrees that, in the event Seller employs or contracts with any subcontractor(s) in connection with this Agreement, Seller will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Prohibition on Gratuities. Pursuant to Section 2-622 of the City's Code (as codified), the Seller acknowledges that it is prohibited for any person to offer, give, or agree to give any Buyer employee or official, or for any Buyer employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. It is further prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor, or any person associated therewith, as an inducement for the award of a subcontract or order. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. IN WITNESS WHEREOF the Buyer and Seller have executed this Agreement effective as of the last dated signature below. ACCEPTANCE: Terms, Price, and specifications on all pages of this Agreement are hereby accepted and the Work authorized. Buyer: Signature Title Date of Acceptance Attest: Ci Clerk Signature Title Date [INSERT CITY SEAL] Seller: Signature Title Date of Acceptance Attest: Signature Title (Assistant) Corporate Secretary Date [INSERT CORPORATE SEAL] Overhead Door Co. of Atlanta a division of D.H. Pace Co. 221 Armour Dr. Atlanta, GA 30324 EXHIBIT -A Micah Hicks, Service Sales (404)-872-3667 Office (404) 817-3686 Fax Micah.Hicks(q')dhpace. corn PROPOSAL The Genuine. The Original. Proposal #: MH -58828 PROPOSAL SUBMITTED TO: Date lAttention City of Milton 10/26/2015 Vim Cregge STREET Job Name 13000 Deerfield Parkway, Suite 107 Northwestern Middle School city State ZipCode Job Location Ilton Georgia 30004 Phone Number Fax Number Job Phone 678-242-2500 EM # QTY SERIES DOOR WIDTH DOOR HEIGHT OPENING OPENING OPERATION HEAD JAMB TYPE IDTH HEIGHT ROOM 1 1 ACE Electric OHD (Overhead Door Co. of Atlanta) scope of work/Project: —Furnish and install new ACE (Access Controlled Egress) rolling grille system (as such system is described in Attachment 1, attached hereto and incorporated herein by reference) onto new prime painted steel mounting tubes, which mounting tubes shall also be furnished and installed by OHD. —Connect the new ACE rolling grille system to customer provided power supply and run new control wiring. —Install Grille system to be activated from secure side by push button station located approx. 30' away. —Install Grille system to be activated from non -secure side by OPEN/CLOSE keyswitch with removable core (cylinder by others) located adjacent to door opening. PROPOSAL INCLUDES THE FOLLOWING: ACE Grille System will be furnished and installed as described above. This system will provide Automatic Emergency Access, as described in Attachment 1, attached hereto and incorporated herein by reference. The Cookson Company's ACE (Access Controlled Egress) Grille offers the security of a regular grille with automatic opening during an alarm situation for emergency egress. Now, these grilles can be used to secure areas of a building without the fear of entrapment in the event of an emergency. Activated by Building Alarm The ACE Grille is wired into the central building alarm system and is activated when there is an alarm situation. Upon alarm activation, the ACE Grille, if closed, will automatically open to the fully opened position without the use of a motor or battery back-up system. This fail-safe system will operate in the absence of power. The areas secured by the ACE Grille will then be accessible for emergency egress. Secured by Auto -Lock The ACE Grille incorporates Cookson's Auto -Lock mechanism, which locks the grille when in the fully closed position. Security will not be compromised with the ACE Grille. During an emergency alarm activation, the Auto -Lock will release the grille from the locked position and allow the grille to ascend to the fully open position. The ACE Grille is Fail -Safe The ACE Grille meets all of the standards for Fail -Safe devices. It will open during an alarm activation or during a power failure without the use of any external forces. It automatically resets itself once the alarm system is reset and power is resumed to the ACE Grille motor operator. Motor Operation for Every Day Use The ACE Grille utilizes Cookson's M100 -FS motor operator while in normal mode and can be controlled by a number of devices, including push button and key activated control stations. The ACE Grille offers controlled operation during normal mode and automatic opening while in emergency mode. A sensing edge will reverse a closing grille if it comes in contact with a person or object. Meets 2009 International Building Code Standards ICC -ES evaluation report ESR 2980 verifies that Cookson's ACE Grille complies with the 2009 International Building Code for access controlled egress grilles. For the operation and security of a standard grille with the peace of mind of an access controlled egress grille, ACE Grilles by Cookson provide the best solution. Customer responsibilities: - Provide 115v power at dedicated 20amp circuit and means of disconnect within 3 ft. of new operator location prior to the time of installation. - All connections to building alarm system necessary to complete installation of the ACE Grille, as described herein. All applicable labor and material are included in the price below, and such price assumes tax exempt status of the Buyer. Please allow 4-6 weeks from receipt of signed proposal and credit approval to receive all products and for Seller to complete installation. All work will be performed during regular business hours, Monday -Friday 7AM - SPM. A standard warranty covering defects of materials and workmanship will apply for (1) year following the date of installation. There shall not no recurring service purchased pursuant to this Agreement, and if any such recurring services are purchased, such purchase shall be memorialized in a separate agreement. We hereby propose to complete in accordance with above specification, for the sum of- Nine £Nine Thousand Nine Hundred Ninety Eight Dollars and No Cents $9,998.00 Signature Micah Hicks, Service Sales Direct Dial: 404-872-3667 Attachment Automatic Emergency Access The Cookson Company's ACE (Access Controlled Egress) Grille offers the security of a regular grille with automatic opening during an alarm situation for emergency egress. Now grilles can be used to secure areas of a building without the fear of entrapment in the event of an emergency. Activated by Building Alarm The ACE Grille is wired into the central building alarm system and is activat- ed when there is an alarm situation. Upon alarm activation, the ACE Grille if closed will automatically open to the fully opened position without the use of a motor or battery back up system. This fail-safe system will operate in the absence of power. The areas secured by the ACE Grille will then be accessible for emergency egress. Secured by Auto -Lock The ACE Grille incorporates Cookson's Auto -Lock mechanism which locks the grille when in the fully closed position. Security will not be compromised with the ACE Grille. During an emergency alarm activation, the Auto -Lock will release the grille from the locked position and allow the grille to ascend to the fully open position. OOKSON The Cookson Company, Inc. The ACE Grille is Fail -Safe The ACE Grille meets all of the standards for Fail -Safe devices. It will open during an alarm activation or during a power failure without the use of any external forces. It automatically resets itself once the alarm system is reset and power is resumed to the ACE Grille motor operator. Motor Operation for Every Day Use The ACE Grille utilizes Cookson's M100 -FS motor operator while in normal mode and can be controlled by a number of devices including push button and key activated control stations. The ACE Grille offers controlled operation during normal mode and automatic opening while in emergency mode. A sensing edge will reverse a closing grille if it comes in contact with a person or object. Meets 2009 International Building Code Standards ICC -ES evaluation report ESR 2980 verifies that Cookson's ACE Grille com- plies with the 2009 International Building Code for access controlled egress grilles. For the operation and security of a standard grille with the peace of mind of an access controlled egress grille, ACE Grilles by Cookson provide the best solution. Dimensions shown are for initial design. For final design, specifications, and to view the complete Cookson Product line, visit cooksondoor.com. TYPICAL DETAILS GRILLE ELEVATION SECTION ELEVATION anEs c+s idem �1rz• 17� TYPE ND. 1Ig11DE P' TYPE N0.2 GUIDE DN WSRRt nR �21 12• 1rz' 5"�� aloEaPee�c —� FACE OF WALL GUIDES STRUCTURAL TUBE ELEVATION IAMB Re wum (TIDE ePENM SVz' 51h' 21/1 21`h" —►{ 1 1 1-3--4 I. -X-4 BETWEEN JAMB GUIDES The Cookson Company, Inc. 10 13'6' 20 24 P.O. Box 23880 Phone: (800) 390-8590 Phoenix, AZ 85063 Fax: (866) 448-6804 Visit our website at Cooksondoor.com Or e-mail us at Marketing@Cooksondoor.com Facebook.com/The.Cookson.Company © 2012 STATE OF GEORGIA COUNTY OF FULTON EXHIBIT "B" CONTRACTOR AFFIDAVIT AND 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, Georgia 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: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 1201. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: STATE OF GEORGIA COUNTY OF FULTON EXHIBIT "C" 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 (name of contractor) on behalf of the City of Milton, Georgia 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: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: November 30, 2015 City Manager Approval of a Resolution and Contract for Acquisition of Right of Way By and Between t he Georgia Department of Transportation and the C ity of Milton for Project Pl 0011675 Crabapple Streetscape Monday, December 7, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: w...APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ~ YES () NO CITY ATTORNEY REVIEW REQUIRED: fz_ YES ( ) NO APPROVAL BY CITY ATTORNEY K_APPROVED ()NOT APPROVED PLACED ON AGENDA FOR: I Z,O 11 ~ {) ~ n REMARKS ~ IJ You m!m PHONE: 678.242 .2500 I FAX : 678.242.2499 lnfo@cltyofmiltonga .us I www .cityofmiltonga .us 13000 Deerfield Parkway, Suite l 07 I Milton GA 30004 ~ :i''G-·--:::::=: * * * 9 WttJ '· reen .• :Ce rt ifi ed ~ loplOO \\'ILDLIH Community \ ~~~i~ J · _ 1':!:'.:..:::~q ( • "-'.) 0 1..# T To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on November 23, 2015 for the December 7, 2015 Regular Council Meeting Agenda Item: Approval of a Resolution and Contract for Acquisition of Right of Way By and Between the Georgia Department of Transportation and the City of Milton for Project PI 0011675 Crabapple Streetscape ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This resolution is to sign a non-reimbursable right of way and easement acquisition contract with Georgia Department of Transportation (GDOT) for the Crabapple Streetscape project. This Contract will require coordination with GDOT, the City of Milton and the City’s Right of Way Consultant Smith Real Estate Services, Inc. (SRES). A professional Services Agreement with SRES to provide easement acquisition services for this project was approved 10/22/15. Funding and Fiscal Impact: There are only driveway easements required on this project and there is no expected funding required for the easements. The funds spent for the acquisition services contract will count toward the required local match on the overall project. Alternatives: None. Legal Review: Sarah VanVolkenburgh – Jarrard & Davis, LLP (October 27, 2015) Page 2 of 2 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Contract for Acquisition of Right of Way and Resolution of City Page 1 of 14 Revised 08-01-00 Revised 11-24-04 Revised 07-31-08 Revised 09-23-09 Revised 11-12-10 Revised 11-18-11 Revised 03-15-13 Revised 01-30-15 Revised 11-17-15 CONTRACT FOR ACQUISITION OF RIGHT OF WAY FEDERAL OR STATE-AID PROJECT Non-Reimbursable PROJECT: N/A COUNTY: Fulton STATE ROUTE: 372 COUNTY ROAD: N/A P. I. NO.: 0011675 STATE OF GEORGIA COUNTY OF Fulton CITY OF Milton This agreement made and entered into this _____ day of __________________, ______ by and between the DEPARTMENT OF TRANSPORTATION (hereinafter called the DEPARTMENT) and the CITY OF Milton (hereinafter called the CITY). WITNESSTH THAT: WHEREAS, the DEPARTMENT and the CITY propose to let to construction the above indicated project located on SR 372; BROADWELL RD; MAYFIELD RD & MID BROADWELL RD @ 4 LOCS the rights of way which are to be acquired in the name of the CITY by the CITY without cost to the DEPARTMENT except as hereinafter specified; and, WHEREAS, the DEPARTMENT is authorized to enter into this contract with the CITY by virtue of Section 32-2-2 (a) of the Official Code of Georgia Annotated; and, WHEREAS, the CITY is authorized to enter into this contract by virtue of Sections 32-3-3 (e), 32-4-90, 32-4-92 (a) and 32-4-111 of the Official Code of Georgia Annotated and that certain resolution of the_______ City Council adopted the ____ day of _______________, ______ ; and WHEREAS, said rights of way are to be acquired by the CITY in accordance with certain specified requirements of the Federal-aid Highway Act of 1970, as amended, and regulations of the DEPARTMENT in order for the construction cost of said project to be eligible for Federal participation; and, NOW, THERFORE, in consideration of Ten ($10.00) Dollars in hand paid to the CITY, the receipt of which is hereby acknowledged, and the mutual promises and covenants hereinafter set out, the DEPARTMENT and the CITY agree as follows: Page 2 of 14 ITEM I The DEPARTMENT will prepare the legal descriptions and colored plats and furnish them to the CITY for use in acquiring the Rights of Way. The CITY shall ensure at the time of closing that the legal descriptions and plats in hand reflect the latest revised or current required right of way and/or easements. ITEM II The CITY will provide without cost to the DEPARTMENT, all legal counsel and services associated with the Acquisition of Rights of Way, including, but not limited to, the preparation and filing of all condemnation petitions in the name of the CITY. ITEM III The CITY will without cost to the DEPARTMENT, demolish and remove in their entirety all buildings, walls, fences, gates, underground storage tanks, signs or any other improvement or structures of any nature or description, lying wholly or partially situated within the right of way and/or easement area. The demolition and removal shall be in accordance with procedures approved by the DEPARTMENT. Any and all contaminated properties will require DEPARTMENT approval before being acquired by the CITY. The CITY also agrees and binds itself in accordance with Title 40 of the Georgia Code, that it will not pass any laws, rules, regulations or ordinances which penalize, hinder or otherwise obstruct the free move ment of vehicular traffic on said roadway, including angle parking, nor erect any traffic signals, towers, lights on said right of way without written consent of the DEPARTMENT. ITEM IV During the life of this contract and prior to completion of the construction work and final acceptance of the project by the DEPARTMENT, the CITY agrees not to use convict labor in any way on or in connection with this project. ITEM V To the extent allowed by law, the CITY will without cost to the DEPARTMENT, defend and hold harmless the DEPARTMENT for any and all suits, if any should arise, involving property titles associated with the acquisition of Rights of Way obtained by the CITY pursuant to this Agreement. The obligation to defend and hold harmless shall include any liability or consequential damages resulting from personal injury, property damages, or inverse condemnation, except that which is the result of the sole negligence of the DEPARTMENT. ITEM VI Once the environmental clearance is obtained and the right of way plans are approved, the CITY can begin acquisition activities; however, if the approved environmental document is not current within six (6) months from the plan approval date, an environmental re-evaluation will be required and right of way negotiations and acquisition cannot be initiated until the approval of the re-evaluation. Page 3 of 14 ITEM VII The CITY will, in its right of way acquisition procedure observe and comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Public Law 91-646 and Georgia Laws 1972, p 931, and in accordance with the requirements as outlined in the Relocation Assistance Manual prepared by the DEPARTMENT. The CITY will be responsible for making payments to owners as required under this procedure for incidental expenses on the transfer of real property for rights of way purposes and such other moving and relocation cost as required under the law and determined to be proper by the DEPARTMENT. The CITY will designate a party to be responsible for accepting, reviewing, and preparing responses to appeals of relocation assistance benefits. The CITY will in their acquisition of the right of way, comply with the procedures set forth in Attachment No. 1 - Memorandum of Instructions. During the performance of this Contract, the CITY will also comply with the Regulations of the U.S. Department of Transportation relative to nondiscrimination in Federally-assisted programs of said Department in accordance with the stipulations as indicated under Appendix "A” attached. ITEM VIII Where determined to be desirable by Department Inspectors, the CITY will provide without cost to the DEPARTMENT, rodent control measures as required by the U.S. Department of Transportation prior to the demolition or removal of improvements located within the right of way of the project. The measures employed shall be in accordance with procedures approved by State and local laws and regulations governing rodent control. ITEM IX The CITY will make ample provisions each year for the proper maintenance of said roadway after completion of the proposed improvements. ITEM X This contract is the total agreement between the DEPARTMENT and the CITY and no modification of this contract shall be binding unless attached hereto and signed by both the DEPARTMENT and the CITY. No representation, promise or inducement not included in this contract shall be binding upon either the DEPARTMENT or the CITY. ITEM XI TIME IS OF THE ESSENCE IN THIS CONTRACT. UNLESS OTHERWISE AMENDED BY THE MUTUAL AGREEMENT OF THE PARTIES HERETO, THIS CONTRACT WILL EXPIRE NO LATER THAN THE CONCLUSION OF FY___________. Page 4 of 14 IN WITNESS WHEREOF, this instrument has been and is executed on behalf of the DEPARTMENT OF TRANSPORTATION by the Commissioner of the DEPARTMENT OF TRANSPORTATION and on behalf of Milton CITY being duly authorized to do so by the Milton City Council. Executed on behalf of the Department Of Transportation this the ____ day of ______________, _____. APPROVED: BY: _____________________________ COMMISSIONER ATTEST: __________________________________ TREASURER Witness for the Department of Transportation: ________________________________ Executed on behalf of the City of Milton this the ___ day of ____________________, ______. BY: ____________________________________ MAYOR This Contract was approved by the City Council at a meeting held this the ____ day of _____________________, ______. ________________________________________ CLERK OF THE CITY Witness for the City: ________________________________________ Page 5 of 14 RESOLUTION OF CITY STATE OF GEORGIA COUNTY OF Fulton CITY OF Milton BE IT RESOLVED by the Council of the City of Milton and it is hereby resolved, that the foregoing attached Agreement, relative to Project N/A, City of Milton be entered into by the Council, and that __________________________ as Mayor, and _______________________ as Clerk, be and they are, thereby authorized and directed to execute the same for and in behalf of said Council. PASSED AND ADOPTED, this _____ day of ____________________, ______. ATTEST: ______________________________ BY: ________________________________ CLERK MAYOR STATE OF GEORGIA COUNTY OF Fulton CITY OF Milton I, ______________________ as Clerk of the Council do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by the Council. Witness by hand and official signature, this the _______ day of __________________, _______. BY: ________________________________ CLERK Page 6 of 14 ATTACHMENT NO. 1 MEMORANDUM OF INSTRUCTIONS These instructions are to set forth the procedures necessary for the Political Subdivisions of the State of Georgia to follow when acquiring right of way on highway projects where it is proposed to acquire or construct said project with Federal participation. The Political Subdivision shall make every effort to acquire expeditiously all real property when authorized to proceed. The Political Subdivision may, when they consider it appropriate, attempt to secure the right of way by donation. To assure the property owner is fully informed of his rights, the request for donation must be made in writing and also set forth that they are entitled to receive just compensation, if they so desire. A letter prepared by the Department will be made available to use as a guide. If a property owner requests payment of just compensation, the provisions of paragraph one (1) must be followed. Nothing herein shall be construed to prevent a person whose real property is being acquired from making a gift or donation of such property, or any part thereof, or of any compensation paid therefore, after such person has been fully informed of his right to receive just compensation for the acquisition of his property. 1. At the initiation of negotiations each owner must be fully informed of his right to receive just compensation for the acquisition of his property. In order to assure just compensation is being offered, the following steps must be taken: A) A General Certified Appraiser, who is on the Department’s approved list, must utilize an appropriate valuation method (appraisal/data book/cost estimate) as determined by the Department. B) The appraiser must give the owner or his designated representative an opportunity to accompany him during his inspection of the property. A statement is to be in the report that this opportunity was provided. C) The report must be adequately documented to support the conclusion of the appraiser and shall be prepared in accordance with the guidelines set forth by the Department. D) The Department must review the appraisal and approve in writing the estimated amount of just compensation to be offered to the property owner. E) The offer must be made in writing for the full amount of the aforesaid estimate of just compensation. Where appropriate, the written offer must state separately the amount for the real property being acquired and the amount attributable to damages to the remaining property. 2. No person occupying real property shall be required to move from his home, farm, or business without at least three (3) months written notice. 3. The Department will furnish copies of letters, settlement and disbursement statements and such other forms as it may deem necessary or desirable. 4. Copies of all letters, forms, deeds and status reports used in the acquisition of Rights of Way for this project must be forwarded to the Department upon request, for future reference. Page 7 of 14 5. The City will be responsible for determining benefits and preparing relocation assistance packages. Packages must be submitted to the Department for review and approval prior to offers of benefits being made. 6. Any consultant contracted for negotiation services for the acquisition of right of way for the City must hold either a Real Estate License and be affiliated with a broker, or hold a Real Estate Brokers License in accordance with OCGA 43.40. Page 8 of 14 APPENDIX "A” A. COMPLIANCE WITH REGULATIONS: The contractor shall comply with the regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, Title 49, Codes of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the regulations), which are herein incorporated by reference and made a part of this contract. B. NONDISCRIMINATION: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color or national origin in the selection and retention of sub - contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the regulations, including employment practices when the contract covers a program set forth in APPENDIX "B" of the regulations. C. SOLICITATIONS FOR SUB-CONTRACTS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT: In all solicitation either by competitive bidding or negotiation made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the regulations relative to nondiscrimination on the grounds of race, color or national origin. D. INFORMATION AND REPORTS: The contractor shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such regulation or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the contractor or under the contract until the contractor complies, and/or 2. Cancellation, termination or suspension of the contract, in whole or in part. F. INCORPORATION OF PROVISIONS: The contractor shall include the provisions of Paragraphs "A" through "F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contract or procurement as the State Department of Transportation or Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request the State Department of Transpor tation to enter into such litigation to protect the interest of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Page 9 of 14 ADDENDUM 1 GDOT Title VI Assurances The Georgia Department of Transportation (hereinafter referred to as the "Recipient"), HEREBY AGREES THAT as a condition to receiving any federal financial assistance from the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d-42 USC 2000d-4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives federal financial assistance from the Department of Transportation, including the Federal Highway Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This Assurance is required by Subsection 21.7(a)(1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances to its Federal Aid Highway Program. 1. That the Recipient agrees that each "program" and each "facility" as defined in Subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations made in connection with Federal Aid Highway and in adapted form in all proposals for negotiated agreements: "The Georgia Department of Transportation in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d-42 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award." 3. That the Recipient shall insert the clauses of Appendix A of this Assurance in every contract subject to the Act and the Regulations. 4. That the Recipient shall insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where the Recipient receives federal financial assistance to construct a facility, or part of a facility, the, Assurance shall extend to the entire facility and facilities operated in connection therewith. 4. That where the Recipient received federal financial assistance in the form, or for the acquisition of real property, or an interest in real property, the Assurance shall extend rights to space on, over, or under such property. Page 10 of 14 5. That the Recipient shall include the appropriate clauses set forth in Appendix C of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under the Federal Aid Highway Program; and (b) for the construction or use of, or access to space on, over, or under, real property acquired or improved under the Federal Aid Highway Program. 8. That this Assurance obligates the Recipient for the period during which federal financial assistance is extended to the program, or is in the form of personal property, or real property or interest therein or structures or improvements thereon, in which case the Assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Recipient retains ownership or possession of the property. 9. The Recipient shall provide for such methods of administration for the program, as are found by the State Secretary of Transportation or the official to whom s/he delegates specific authority, to give reasonable guarantee that it, other recipients, sub-grantees, contractors, subcontractors, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial endorsement with regard to any matter arising under the Act, the Regulations, and this Assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under the Federal Aid Highway Program and is binding on it, other recipients, sub- grantees, contractors, subcontractors, transferees, successors in interest and other participants in the Federal Aid Highway Program. The person or persons whose signatures appear below are authorized to sign this Assurance on behalf of the Recipient. Date (Recipient) Attachments: Appendices A, B and C. Page 11 of 14 APPENDIX A (of ADDENDUM 1) The text below, in its entirety, is in all contracts entered into by GDOT. All of the text except the final section, entitled “Incorporation of Provisions,” should be included in any contract entered into by any GDOT contractor. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agree as follows: 1. Compliance w ith Regulations The Contractor shall comply with the Regulations relative to nondiscrimination in federally- assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of material and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, or national origin. 4 Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its book s, records, accounts, other sources of information and its facilities as may be determined by the Georgia Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. W here any information required of a contractor is in the exclusive possession of another wh o fails or refuses to furnish this information, the Contractor shall so certif y to the Georgia Department of Transportation, or the Federal Highway Administration as appropriate, and shall set f orth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the Georgia Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration ma y determine to be appropriate, including, but not limited to: a. W ithholding of payments to the Contractor under the contract until the Contractor complies; and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. Page 12 of 14 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Georgia Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Georgia Department of Transportation to enter into such litigation to protect the interests of the Georgia Department of Transportation and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States Page 13 of 14 APPENDIX B (of ADDENDUM 1) The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures, or improvements thereon, or interest therein from the United States. Granting Clause NOW , THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the Georgia Department of Transportation will accept Title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. .2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Georgia Department of Transportation all the right, Title and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. Habendum Clause TO HAVE AND TO HOLD said lands and interests therein unto Georgia Department of Transportation and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the Georgia Department of Transportation, its successors and assigns. The Georgia Department of Transportation, in consideration or the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, he excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on over or under such lands hereby conveyed [,] [and)* (2) that the Georgia Department of Transportation shall use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended [,] and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.1 1 Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effect uate the purposes of Title VI of the Civil Rights Act of 1964. Page 14 of 14 APPENDIX C (of ADDENDUM 1) The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the Georgia Department of Transportation pursuant to the provisions of Assurance 7 The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, SubTitle A, office of the Secretary, Part 21, Nondiscrim ination in Federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in licenses, leases, permits, etc.]* That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to terminate the lease, and to re-enter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. [Include in deed.]* That in the event of breach of any of the above nondiscrimination covenants, Georgia Department of Transportation shall have the right to reenter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of Georgia Department of Transportation and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by Georgia Department of Transportation pursuant to the provisions of Assurance 7 (a) and 7(b). The LESSEE for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that (1) no person on the ground of race, color. or national origin shall be excluded from participation in, denied the benefits of, or he otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of, race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations. Department of Transportation, SubTitle A, Office of the Secretary. Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964), and as said Regulations may be amended. [Include in licenses, leases, permits, etc.]* That in the event of breach of any of the above nondiscrimination covenants, The STATE shall have the right to terminate the [license, lease, permit, etc.] and to reenter and repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued. [Include in deed.]* That in the event of breach of any of the above nondiscrimination covenants, The STATE shall have the right to reenter said land and facilities there-on, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of Georgia Department of Transportation and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. R HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 3, 2015 FROM: City Manager AGENDA ITEM: Approval of an Amendment to the OpenGov, Inc. Contract to Add the Full Suite of Wel-Based Financial Transparency Services. MEETING DATE: Monday, December 7, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: r YES () NO CITY ATTORNEY REVIEW REQUIRED: AYES () NO APPROVAL BY CITY ATTORNEY APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: REMARKS © _* Yom �.. PHONE: 678.242.25001 FAX: 678.242.2499 ce� i; i«d ; n1infoCcityofmiltonga.us I www.cityofmiltonga.us D111�1ty ToaaUU 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on December 2, 2015 for the December 7, 2015 Regular Council Meeting Agenda Item: Approval of an Amendment to the OpenGov, Inc. Contract to Add the Full Suite of Web-Based Financial Transparency Services Department Recommendation: Approve the agreement as presented. Executive Summary: OpenGov is a company that provides software on a web-based platform that helps governments share financial data in a way that promotes transparency. The City has been utilizing this reporting tool over the past year and has received a good response from our citizens. OpenGov now offers other services that further compliment this reporting tool. One of the new services is OpenGov Comparisons where we can benchmark our financial data with other OpenGov customers. They currently have around 600 governmental clients across the United States. We can select neighboring cities or ones that closely match our demographics. OpenGov Intelligence is another new feature we are looking to implement. This tool allows us to create and present reports like the ones depicted in the chart below: It also gives us the ability to add notes that explain significant variances in the data and even track non-financial data (such as public safety response times and the number of days it takes to process a building permit). We can publish our 7-year Capital Improvement Plan in a more visually appealing report that allows users to drill-down to access further information. Additionally, we would have the ability to tell our story through each phase of the budget process in a way that is easier to understand. Funding and Fiscal Impact: This new agreement would increase our annual cost from $6,500 to $8,000 with a one-time implementation cost of $1,250. A budget amendment will be needed for $2,750 and will be presented for approval at mid-year. Alternatives: Reject the amendment and continue with current product. Legal Review: Sam VanVolkenburgh– Jarrard & Davis (12/2/15) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Amendment to OpenGov, Inc. contract OPENGOV, INC. SOFTWARE AGREEMENT 1 OpenGov, Inc. 955 Charter Street Redwood City, CA 94063 United States Created Date: Expiration Date: 11/1/2015 12/15/2015 Prepared By: Phone: Email: Contract Dates: Neal Block 650-458-0054 nblock@opengov.com Effective Date: 2015-12-08 Ends on: 2020-09-30 Customer Information Customer Contact Name Phone Email City of Milton, Georgia Stacey Inglis 678-242-2508 stacey.inglis@cityofmiltonga.us Bill To Name Bill To City of Milton, GA 13000 Deerfield Pkwy Alpharetta, Georgia 30004-5026 United States Order Details Software Services Implementation Services OpenGov’s full suite of OpenGov Intelligence™, OpenGov Transparency™, and OpenGov Comparisons™. OpenGov's Customer Success team will work with the City of Milton to deploy OpenGov Intelligence. This includes analyzing the City’s data, setup of the chart of accounts, modifications post review if required, data upload training and template creation; reports creation training; user and admin training assets - video, resource center and training templates; and external and internal launch materials. The implementation will require appropriate resources from the City of Milton to provide the necessary data, review of the chart of accounts and attending all the necessary training. Fees and Integration with Existing Services Contract OpenGov, Inc. and Customer are currently under contract for use of the basic OpenGov Platform (“the Existing Services Contract”) for a term lasting until September 30, 2016. In consideration for access to additional software capability contained in the Software Services described above, Customer shall pay OpenGov, Inc. a supplemental fee of $1,216.25 for the remainder of the current term (i.e., from the Effective Date through September 30, 2016). Customer shall also pay OpenGov, Inc. a $1,250.00 one-time Implementation Services fee for upgrading to the Software Services. OpenGov, Inc. and Customer agree that on September 30, 2016, the Existing Services Contract will terminate and not renew. Customer shall thereafter pay OpenGov, Inc. a fee of $8,000.00 per year for the Software Services, continuing for 48 months of service (unless termi nated sooner), and ending on September 30, 2020. Customer shall not be responsible for any payment, other than the annual flat fee described herein, unless a written change order is executed by both parties. Billing Frequency: Annual Thanks for being a loyal OpenGov Customer! This Software Agreement (“Agreement”) is entered into between OpenGov, Inc., with its principal place of business at 955 Charter Street, Redwood City, 94063 (“OpenGov”), and you, the entity identified above (“Customer”), as of the Effective Date. This Agreement includes and incorporates the OpenGov Terms and Conditions attached as Appendix A. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by, the OpenGov Terms and Conditions. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the terms in the Agreement to the exclusion of all other terms. OPENGOV, INC. SOFTWARE AGREEMENT 2 Signature Customer – City of Milton, GA Signature: Printed Name: Title: Date: [INSERT CITY SEAL] Attest: ______________________________________ City Clerk OpenGov, Inc. Signature: Printed Name: Title: (President or Vice President) Date: [INSERT CORPORATE SEAL] Attest: ______________________________________ (Assistant) Corporate Secretary Terms and Conditions Appendix A OpenGov Terms and Conditions 1. SOFTWARE SERVICES 1.1 Subject to these OpenGov Terms and Conditions, OpenGov will use commercially reasonable efforts to perform the Software Services identified in the applicable Agreement entered into by OpenGov and Customer. 1.2 Customer understands that OpenGov’s performance depends on Customer timely providing OpenGov wi th a copy of the Customer’s chart of accounts in .csv or .xls format. In addition, Customer agrees to provide OpenGov with five or more years of general ledger data, also in .csv or .xls format, including budget data for the current year and actual expense and revenue data for past years. Any dates or time periods relevant to OpenGov’s performance will OPENGOV, INC. SOFTWARE AGREEMENT 3 be extended appropriately and equitably to reflect any delays caused by Customer’s failure to timely deliver any such materials. OpenGov shall not be liable for any delays in performance under this Agreement resulting from Customer’s failure to meet these obligations. 2. RESTRICTIONS AND RESPONSIBILITIES 2.1 This is a contract for access to the Software Services and Customer agrees not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software Services, documentation or data related to the Software Services, except to the extent such a restriction is limited by applicable law; modify, translate, or create derivative works based on the Software Services; or copy, rent, lease, distribute, assign, sell, or otherwise commercially exploit, transfer, or encumber rights to the Software Services; or remove any proprietary notices. 2.2 Customer will use the Software Services only in compliance with all applicable laws and regulations (including, but not limited to, any export restrictions). 2.3 Customer shall be responsible for obtaining and maintaining any equipment and other services needed to connect to, access or otherwise use the Software Services and Customer shall also be responsible for (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) for all uses of Customer user accounts with or without Customer’s knowledge or consent, excluding uses by OpenGov. 3. OWNERSHIP. OpenGov retains all right, title, and interest in the Software Services and all intellectual property rights (including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature) therein. 4. CONFIDENTIALITY. Each party (the “Receiving Party”) agrees not to disclose (except as permitted herein) any Confidential Information of the other party (the “Disclosing Party”) without the Disclosing Party’s prior written consent. “Confidential Information" means all confidential business, technical, and financial information of the Disclosing Party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure . OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services and all documentation relating to the Software Services. “Confidential Information” does not include “Public Data,” which is data that the Customer has previously released or would be required to release according to applicable federal, state, or local public records laws. The Receiving Party agrees: (i) to use and disclose the Confidential Information only in connection with this Agreement; and (ii) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the foregoing, Confidential Information does not include in formation that: (i) has become publicly known through no breach by the Receiving Party; (ii) was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or (iii) is independently developed by the Receiving Pa rty without access to such Confidential Information. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order. OpenGov acknowledges that the Customer’s disclosure of documentation is governed by Georgia’s Open Record’s Act, and OpenGov further acknowledges that if OpenGov submits records containing trade secret information, and if OpenGov wishes to keep such records confidential, OpenGov must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the parties shall follow the requirements o f O.C.G.A. § 50-18-72(a)(34) related thereto. 5. DATA LICENSE. Customer grants OpenGov a non-exclusive, transferable, perpetual, worldwide, and royalty-free license to use any data or information submitted by Customer to OpenGov for the development of n ew software or the provision of the Software Services; provided that any modifications to the data or information submitted by Customer shall not affect the accuracy of the information displayed to the Customer or public using the OpenGov system to access Customer information. 6. PAYMENT OF FEES. The fees for the Software Services (“Fees”) are set forth in the applicable Agreement. Customer shall pay all Fees within thirty (30) days after receiving OpenGov’s invoice (which OpenGov typically sends within the first 45 days of the beginning of each term). OPENGOV, INC. SOFTWARE AGREEMENT 4 7. TERM & TERMINATION 7.1 Subject to compliance with all Terms and Conditions, the initial term of this Agreement shall be from the Effective Date and shall continue through September 30, 2016 (the end of Customer’s fiscal year), at which time the Agreement shall automatically renew, and shall renew each subsequent year for a period of four (4) twelve (12) month terms, and then terminate without renewal on September 30, 2020. As required by O.C.G.A. §36-60-13, the parties agree that this Agreement shall terminate absolutely and without further obligation on the part of the Customer on September 30 (the end of the Customer’s fiscal year) each year, and, further, that this Agree ment shall automatically renew on October 1 (the start of the Customer’s fiscal year) each year during the duration of this Agreement. The Customer will be billed for the initial term and then on an annual basis for each subsequent twelve (12) month term. Either party may choose to not renew this Agreement at the end of the applicable term (Customer fiscal year), without penalty, by providing thirty (30) days prior written notice to the other party. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non-breaching party (ten (10) days in the case of non-payment), the non-breaching party may terminate this Agreement immediately upon notice. Title to any supplies, materials, equipment, or other personal property shall remain in OpenGov until fully paid for by the Customer. 7.2 Upon termination, Customer will pay in full for all Software Services performed up to and including the date of termination. Upon any termination of this Agreement: (a) all Software Services provided to Customer hereunder shall immediately terminate; and (b) each party shall return to the other party or, at the other party’s option, destroy all Confidential Information of the other party in its possession. 7.3 All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 8. WARRANTY AND DISCLAIMER 8.1 OpenGov represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Software Services shall be performed in a professional and workmanli ke manner in accordance with generally prevailing industry standards. 8.2 Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; (ii) it owns all right, title, and interest in and to all data provided to OpenGov for use in and in connection with this Agreement, or possesses the necessary authorization thereto; and (iii) OpenGov’s use of such materials in connection with the Software Services will not violate the rights of any third party. 8.3 OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; provided that if the Software Services are unavailable for an unreasonable period of time or do not provide the services described in this Agreement, the Customer may terminate this Agreement, and OpenGov will refund the prorated amount paid for the then-current term. 9. LIMITATION OF LIABILITY EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS SET FORTH IN THE NEXT SECTION, NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 10. INDEMNIFICATION OpenGov covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. OpenGov shall bear all losses and damages directly or indirectly OPENGOV, INC. SOFTWARE AGREEMENT 5 resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. OpenGov shall defend, indemnify and hold harmless the Customer, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of alleged willful, negligent or tortious conduct by OpenGov (including but not limited to any sub-consultant of OpenGov, and anyone directly or indirectly employed by OpenGov or its sub-consultants) arising out of the services, performance of contracted services, or operations by OpenGov, any sub-consultant, anyone directly or indirectly employed by OpenGov or sub-consultant or anyone for whose acts or omissions OpenGov or sub-consultant may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the Customer or any of its agents or employees, by any employee of OpenGov, any sub-consultant, anyone directly or indirectly employed by OpenGov or sub-consultant or anyone for whose acts or omissions OpenGov or its sub- consultant may be liable, the indemnification obligation set forth in this provision shall be limited to a maximum of $300,000.00. This obligation to indemnify and defend the Customer, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 11. MISCELLANEOUS. 11.1 Capitalized Terms. Capitalized terms not otherwise defined in these Terms and Conditions have the meaning set forth in the applicable Agreement. 11.2 Force Majeure. Neither party shall be held responsible or liable for their respective non -negligent or non- willful delay or failure in performance or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any part of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God, (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute; (f) delay or failure to act by any governmental or military authority; or (g) war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 11.3 Customer Logos and Trade Names. OpenGov shall, upon receipt of written approval from the Customer of a proposal detailing the proposed use or display, have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in connection with OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines (as provided to OpenGov). 11.4 Severability. The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way defined, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, the offending provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 11.5 Assignment. This Agreement is not assignable or transferable by either party without the other party’s prior written consent, provided however that either party may assign this Agreement to a successor to all or subst antially all of its business or assets. 11.6 Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and o ther understandings relating to the subject matter of this Agreement, and all waivers and modifications must be in a writing signed by both parties. 11.7 Independent Contractor. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect. OpenGov hereby covenants and declares that it is engaged in an independent business and agrees to perform its obligations under this Agreement as an independent contractor and not as the agent or employee of the Customer. OpenGov agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necess ary to complete the work; hiring of consultants, agents or employees to complete the work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. OpenGov agrees to be solely re sponsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the Customer the right to direct OpenGov as to the details of the services to be performed by OpenGov or to exercise a measure of control over such services will be deemed to mean that OpenGov shall follow the directions of the Customer with regard to the results of such services only. OPENGOV, INC. SOFTWARE AGREEMENT 6 11.8 Costs and Attorneys Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. 11.9 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given and received, and shall be effective, when: (1) personally delivered; or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or; (3) upon actual delivery when sent via national overnight commercial carrier to the party at the addresses provided in the attached Agreement, or at a substitute address previously furnished to the other party by written notice in accordance herewith. 11.10 Governing Law. This Agreement shall be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. OpenGov hereby designates the following individual or company in Geo rgia to receive service on behalf of OpenGov related to any matters arising under this Agreement: ______________________________ 11.11 Agreement Construction and Interpretation. The parties agree and represent that they have reviewed and become familiar with this Agreement and notified the other party of any discrepancies, conflicts or errors in the Agreement. The parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the parties had drafted it jointly, as opposed to being construed against a party because it was responsible for drafting one or more provisions of the Agreement. 11.12 No Third Party Rights. This Agreement shall be exclusively for the benefit of the pa rties and shall not provide any third party with any remedy, claim, liability, reimbursement, cause of action or other right. 11.13 Waiver of Agreement. No failure by either party to enforce any right or power granted under this Agreement, or to insist upon strict compliance with this Agreement, and no custom or practice of any party at variance with the Terms and Conditions of this Agreement shall constitute a general waiver of any future breach or default or affect a party’s right to demand exact and strict compliance with the Terms and Conditions of this Agreement. 11.14 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 Fe deral law, OpenGov agrees that, during performance of this Agreement, OpenGov, 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, OpenGov 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. 11.15 Insurance. OpenGov shall have and maintain in full force and effect for the duration of this Agreement commercially reasonable insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement. 11.16 Compliance with All Laws and Licenses. OvenGov must obtain and maintain, at OpenGov’s expense, all permits, licenses or approvals that may be necessary for the performance of the Software Services in connection with this Agreement. OpenGov shall comply with all applicable local, state and federal requirements, including all laws, rules and regulations of any governmental entity pertaining to its performanc e under this Agreement. Further, OpenGov and Customer acknowledge that it is prohibited for any person to offer, give, or agree to give any city employee or official, or for any city employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer o f employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, inves tigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solic itation or proposal therefor. OpenGov and Customer further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to OpenGov or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 11.17 E-Verify. Pursuant to O.C.G.A. § 13-10-91, unauthorized aliens shall not be employed to perform work on Customer contracts involving the performance of services. Therefore, the Customer shall not enter into a contract for the performance of services unless OpenGov shall provide evidence on Customer-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 its subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security OPENGOV, INC. SOFTWARE AGREEMENT 7 numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the Customer contract to ensure that no unauthorized aliens will be employed. OpenGov 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 Customer. Further, OpenGov 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 OpenGov employs or contracts with any subcontractor(s) in connection with the covered contract, OpenGov 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 af fidavit shall become part of the contractor/subcontractor agreement If a subcontractor affidavit is obtained, OpenGov agrees to provide a completed copy to the Customer within five (5) business days of receipt from any subcontractor. OpenGov and its subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. OpenGov agrees that the employee-number category designated below is applicable to OpenGov. ____ 500 or more employees. ____ 100 or more employees. ___X_ Fewer than 100 employees. OpenGov hereby agrees that, in the event OpenGov employs or contracts with any subcontractor(s) in connection with this Agreement, OpenGov will secure from the subc ontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. OPENGOV, INC. SOFTWARE AGREEMENT 8 EXHIBIT “A” CONTRACTOR AFFIDAVIT AND 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, GA 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: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____________ (city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ OPENGOV, INC. SOFTWARE AGREEMENT 9 EXHIBIT “B” 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 OpenGov, Inc on behalf of the City of Milton, GA 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: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in ______________ (city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _______________________________ HOME OF' ES TA BLI SH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 2, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZl 5-25 -13201 Deerfield Parkway by Inwood Holdings, LLC to Rezone from T-5 Limited to A (Medium Density) Apartments for the Existing 356 Unit Apartment Development (North Park Apartments). MEETING DATE: Monday, December 7, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: )(_APPROVED ()NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES ~NO ~NO APPROVAL BY CITY ATTORNEY ()APPROVED ( ) NOT APPROVED PLACED ON AGENDA FOR: ]2.01lS°" REMARKS l[j Yau (im PHONE: 678.242.2500 I FAX: 678 .242.2499 info@cityofmiltonga.us I www.cityofmiltonga .us 13000 Deerfield Parkway. Suite l 07 I Milton GA 30004 m :"6r-een----.• \\'ILD LIFE Commumty P0::::'.:::1 ~ ***@ *C f'ed * T~ 100 * eru 1 * \ C i ty of , , ~ Ethics I ... ~:>g 1..L.d' PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/3/2015 Page 1 of 12 RZ15-25 PROPERTY INFORMATION ADDRESS 13201 Deerfield Parkway DISTRICT, LAND LOT 2/2 974, 1043 OVERLAY DISTRICT None EXISTING ZONING T-5 (Limited) Deerfield Form Based Code PROPOSED ZONING A (Medium Density Apartments) ACRES 25.57 EXISTING USE Multi-Family Development – 356 units PROPOSED USE Multi-Family Development – 356 units PETITIONER Inwood Holdings, LLC- Porter Lummus ADDRESS 12 Piedmont Center, Suite 100 Atlanta, GA 30305 OWNER North Park GA, LLC REPRESENTATIVE Carl Westmoreland Morris, Manning & Martin, LLP 3343 Peachtree Road, NE Atlanta, GA 30326 COMMUNITY DEVELOPMENT RECOMMENDATION – NOVEMBER 18, 2015 RZ15-25– APPROVAL CONDITIONAL INTENT To rezone from T-5 Limited to A (Medium Density Apartments) for the existing 356 unit multi-family development. PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/3/2015 Page 2 of 12 RZ15-25 PLANNING COMMISSION RECOMMENDATION – NOVEMBER 18, 2015 RZ15-25– APPROVAL CONDITIONAL - 6-0 PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/3/2015 Page 3 of 12 RZ15-25 LOCATION MAP PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/3/2015 Page 4 of 12 RZ15-25 CURRENT ZONING MAP PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/3/2015 Page 5 of 12 RZ15-25 CITY OF MILTON 2030 COMPREHENSIVE FUTURE LAND USE MAP PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/3/2015 Page 6 of 12 RZ15-25 SITE PLAN SUBMITTED SEPTEMBER 30, 2015 – Southern Section PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/3/2015 Page 7 of 12 RZ15-25 SITE PLAN SUBMITTED SEPTEMBER 30, 2015 –Northern Section PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/3/2015 Page 8 of 12 RZ15-25 SUBJECT SITE AND BACKGROUND: The subject site contains 25.57 acres and is developed with a multi-family apartment development consisting of 356 units. It is currently known as the North Park Apartments. The property was constructed in 1997. The applicant, Inwood Holdings, LLC is requesting a change from the current T-5 (Limited) designation to A (Medium Density Apartments). As stated in the Letter of Intent, the application does not seek to change any of the uses or improvements to the property, but to address issues of the property’s legal non- conforming use to allow the sale of the property. The applicant has also stated that the property will not be redeveloped under the proposed A (Medium Density Apartments) but any redevelopment would comply with the T5 Limited classification. At the time of Milton’s incorporation in December, 2006 the subject site was zoned A (Medium Density Apartments) pursuant to RZ84-224 approved by the Fulton County Board of Commissioners. The City of Milton adopted the Deerfield Form Based Code and associated regulating plan in April 2013. The subject site was designated as T-5 (Limited). Under this designation, multi-family residential developments are required to be developed with other uses such as retail or office. In addition, the development regulations are significantly different than the traditional “campus” s tyle apartment development. Based on the current zoning of T-5 (Limited) it was determined by the City Attorney that if more than 60% of each structure is destroyed, it could not be re- built to the current configuration. Thus, the applicant’s reques t back to the A (Medium Density Apartments) is requested to meet the lender’s requirement to service the loan. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on September 30, 2015, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-693 - A (Medium Density Apartments) The site plan meets the development standards required by the A (Medium Density Apartments) zoning district. PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/3/2015 Page 9 of 12 RZ15-25 ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies the requirement of Sec. 64-2126. The applicant has stated the following: The ESA has indicated that there is a portion of the site located within the 100 year flood zone, there is a perennial stream with stream buffers and there are slopes in excess of 25 percent on the site. As stated previously, the site is already developed and there are no further impacts to the property. PUBLIC INVOLVEMENT On October 27, 2015 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were five citizens in attendance. Once the applicant explained the purpose of the rezoning, there were no concerns regarding the request. PUBLIC PARTICIPATION REPORT Staff received the report on November 6, 2015. The applicant’s Public Participation Meeting was held on November 2, 2015 at 6:00 pm at the North Park club house. There was no one in attendance at the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – November 3, 2015 No Comments. 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 use is suitable with the adjacent and nearby uses of multi- family and high density single family developments in the area. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/3/2015 Page 10 of 12 RZ15-25 It is Staff’s opinion that the proposal may not adversely affect existing use or usability of the adjacent properties if approved with the Recommended Conditions. 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 T-5 Limited. 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? Based on the fact that the development already exists, there will be no further impact on the existing streets, transportation facilities, utilities or schools. 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 – Mixed Use/Living Working Existing use/density: Multi-Family – 13.92 u/a - INCONSISTENT The proposed rezoning is inconsistent with the policies and intent of the land use plan. The property was zoned A (Medium Density Apartments) and constructed prior to the incorporation of Mil ton. 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 existing development is consistent with the adjacent developments in the area and therefore supports recommending approval to A (Medium Density Apartments). PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/3/2015 Page 11 of 12 RZ15-25 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 for the subject site. CONCLUSION Based on the fact that the multi-family development currently exists, Staff recommends APPROVAL CONDITIONAL OF RZ15-25. PETITION NO. RZ15-25 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015 (First Presentation December 7, 2015) 12/3/2015 Page 12 of 12 RZ15-25 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 13201 Deerfield Parkway, it should be approved for A (Medium Density Apartments) 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) The existing 356 unit multi-family dwellings and accessory uses and structures at a maximum density of 13.92 units per acre. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on September 30, 2015. 3) To the owner’s agreement to the following site development considerations: a) To the site plan received by the Community Development Department on September 30, 2015. b) If the subject site is re-developed in the future, it shall be developed with the T-5 Limited (Deerfield Form Based Code) zoning standards. ORDINANCE NO._______ PETITION NO. RZ15-25 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM T-5 LIMITED TO A (MEDIUM DENSITY) APARTMENTS FOR THE EXISTING 356 UNIT APARTMENT DEVELOPMENT LOCATED AT 13201 DEERFIELD PARKWAY CONTAINING 25.57 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on December 21, 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 at 13201 Deerfield Parkway consisting of a total of approximately 25.57 acres as described in the attached legal description, be rezoned to the A (Medium Density) Apartments District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 974 and 1043 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the A (Medium Density) Apartments zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 14 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 City 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 21st day of December, 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 at 13201 Deerfield Parkway, it should be approved for A (Medium Density Apartments) 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) The existing 356 unit multi-family dwellings and accessory uses and structures at a maximum density of 13.92 units per acre. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on September 30, 2015. 3) To the owner’s agreement to the following site development considerations: a) To the site plan received by the Community Development Department on September 30, 2015. b) If the subject site is re-developed in the future, it shall be developed with the T-5 Limited (Deerfield Form Based Code) zoning standards. SITE PLAN SUBMITTED SEPTEMBER 30, 2015 – Southern Section SITE PLAN SUBMITTED SEPTEMBER 30, 2015 – Northern Section ES T AB LI SHED 2006 CITY COUNCIL AGENDA ITEM TO: City Counci l DATE: December 2, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZl 5-26 -To Create a New Use Permit for Alternative Housing for Seniors in AG-1 and Single Family Residential Districts. MEETING DATE: Monday, December 7, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: k APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED : k YES ()NO CITY ATTORNEY REVIEW REQUIR ED: ~YES ()NO APPROVAL BY CITY ATTORNEY M APPROVED ()NOT APPROVED PLACED ON AGENDA FOR : J2011s- REMARKS E You lB PHONE: 678.242.2500 I FAX : 678 .242.2499 info@cityofmiltonga .us I www.cityofmiltonga .us 13000 Deerfield Parkwa y. Suite l 07 / Milton GA 30004 ~ 0"6reen ~-. • ~1.liR_~~J Co.mmumty -ER r BR NZE *** ®-* c ·r·ed * Top 100 * .eru 1 • \ Ciry of , • ~ Eth ics / ~.),g t_-lF To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted December 1, 2015, for the December 21, 2015 Regular Meeting (First Presentation – December 7, 2015, Council Work Session – December 14, 2015) Re: Consideration of RZ15-26 – To Create a New Use Permit for Alternative Housing for Seniors in AG-1 and Single Family Residential Districts. Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: Since the incorporation of the City in 2006, Staff has received numerous inquiries regarding the use of single family homes as personal care homes, which we are calling “Alternative Housing for Seniors”. Currently the Zoning Ordinance does not permit this type use within the City. Staff presented the idea of establishing a new Use Permit to allow alternative housing for seniors at the September 14, 2015 Council Work Session. After presenting the current code and the possible addition of the use, the Council directed Staff to create a new use permit. Staff met with the social worker from North Fulton Senior Services, Tanya Morris, LMSW and discussed what she believed the needs were for seniors in the north Fulton area. She stated that there is a large demand for smaller residential type facilities for seniors and these facilities fill a gap in the needs of the population. In addition, Staff also met with seniors from the Byrd House participating in the programing administered by North Fulton Senior Services. Overall, they thought it was a good idea to provide this choice for seniors in the area. 2 Below is a table that indicates what is permitted currently in adjacent and nearby jurisdictions and required zoning districts to allow personal care homes or Alternative Housing for Seniors. What do other jurisdictions allow by Use Permit? Alpharetta Athens/Clarke County Cherokee County Cobb County Gwinnett County Roswell Jurisdictions that allow Personal Care Homes in AG-1 and Single Family Districts (No minimum lot size required) Yes Yes Yes No Yes No Maximum number of residents allowed excluding resident owner 4 3 6 n/a 8 n/a The Planning Commission at its November 18, 2015 meeting recommended approval with the following changes to the proposed use permit: 1) Sec. 64-1844.b.2. - Require the owner of the property to reside on the site. Although Staff originally recommended this standard, the City Attorney recommended that this not be included. 2) Sec. 64-1844.b.3. - Staff recommended a maximum of six residents be permitted. The Planning Commission recommended no more than 4 people. The City Attorney recommended more than four people based on the fact that four unrelated people can reside in a single family residence. 3) Sec. 64-1844.b.9. - Staff did not require a minimum lot size, but included the zoning districts with minimum lot size of 18,000 square feet (R-3A) as well as T-3 and T-4 in the Form Based Code. The Planning Commission recommended a minimum of three acres in size. 3 It was the Planning Commission’s recommendation, that if the property owner was not required to reside on the site, they would not be in support of this type of use because it became a commercial use in a residential or agricultural area. In addition, they believed that one acre was too small of a property for the use. 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 – November 2015 Concurrent Review: North Fulton Senior Services Attachment(s): Proposed text amendment and ordinance for RZ15-26. Text Amendment Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 21, 2015. (First Presentation December 7, 2015 and Work Session December 14, 2015) 12/3/201512/3/201512/2/201512/1/2015 Page 1 of 1 RZ15-26 Sec. 64-1844. Alternative Senior Housing Alternative Senior Housing means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. "Personal Services" includes, but is not limited to, individual assistance with or supervision of self-administered medication, assistance with ambulation and transfer, and essential activities of daily liv ing such as eating, bathing, grooming, dressing, and toileting. a) Required districts. AG-1, R-1, R-2, R-2A, R-3, R-3A, CUP, T-2, T-3, T-4 b) Standards. 1. Facility shall be for persons 55 years of age and above. 2. The owner of the subject property shall reside on site. 3. A maximum of six ambulatory residents shall reside in the home. 4. Necessary staff may reside in a legal accessory building such as a guest house. 5. Structures shall retain the outward appearance of a single -family home. 6. Off-street parking shall provide 1 parking space per 2 beds and 1 parking space per 2 employees including the owner/operator. a. Location of parking shall be located to the side and rear of the principal structure but outside minimum building setbacks or inside a garage. 7. No alternative senior housing facility shall be operated within 2,5001,320 feet of any other alternative senior housing facility. The 2,5001,320-foot distance is measured by the straight line which is the shortest distance between the property lines of the two tracts of land on which each facility is located. 8. The personal care home shall obtain an occupation tax certificate prior to operation. 8.9. Property shall be a minimum of three acres. Comment [RM1]: Recommended by Planning Commission Comment [RM2]: Recommended by Planning Commission Comment [RM3]: Deleted based on City Attorney comment. The Planning Commission recommended this requirement to remain. Comment [RM4]: Comment [RM5]: The Planning Commission recommended the number to be reduced to 4. Based on City Attorney comment, the number needs to be more than 4 because by right, 4 unrelated people can reside in a single family residence. Comment [RM6]: Cannot discriminate against persons with disabilities. (City Attorney comment) Comment [RM7]: Comment [RM8]: City Attorney comment, 11th Circuit court has determined this is the largest distance between two facilities. Comment [RM9]: Inconsistent terminology. Comment [RM10]: Comment [RM11]: The Planning Commission recommended this based on their opinion that one acre or less would be too small to accommodate the use. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-26 AN ORDINANCE TO CREATE SECTION 64-1844, “ALTERNATIVE SENIOR HOUSING” 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 December 21, 2015 6:00 p.m. as follows: SECTION 1. That the creation of Section 64-1844 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 21st day of December, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk M HOME OF ' :--ST QUAL'TY OF !.IFF EN GEORGIA.' LETO N N*k F ; ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 3, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ75-27 -To amend the Signs, Article XVI of the Zoning Ordinance (Chapter 64). MEETING DATE: Monday, December 7, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: y APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES (J NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY X) APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: j2, D 7 15 REMARKS © Youlin PHONE: 678.242.25001 FAX: 678.242.2499 Green �V *Certifiei* Top IUU info@cifyafmiltongq.us j www wiF Community 4� E h; r 13000 Deerfield Parkway, Suite 107 j Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted December 1, 2015, for the December 21, 2015 Regular Meeting (First Presentation – December 7, 2015, Council Work Session – December 14, 2015) Re: Consideration of RZ15-27 – To amend the Signs, Article XVI of the Zoning Ordinance (Chapter 64). Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: On June 18, 2015, the United States Supreme Court issued their opinion on Reed v. Town of Gilbert, Arizona. This case has implications for local governments throughout the nation. In a nutshell, the town of Gilbert had a comprehensive sign code requiring permits for most signage – but had a fairly hefty list of “exempted” signs for which no permits were required. Within the “exempt” category were the following categories of signage: Ideological signs Political Signs Temporary Directional signs The ordinance treated ideological signs more favorably than political signs, and political signs more favorably than temporary directional signs. Each of the three categories of signage had language that linked the ability to erect the sign to the message (content) of the sign. The Ninth Circuit court of appeals ruled in favor of the town, holding that the very broadly designed categories were “content neutral.” The US Supreme Court disagreed. Indeed, the US Supreme Court held that the above sign descriptors were: “content based on their face.” Stated succinctly, the Supreme Court noted that: “the restrictions in the sign code that apply to any given sign…depend entirely on the communicative content of the sign.” 2 The Court appears to be taking the position that any distinctions in the sign code that offer favorable treatment (or less favorable treatment) based upon the message of the sign (to include exemptions in the code) – may constitute a constitutional infirmity. Based on this conclusion, the attached text amendment corrects these infirmities in the current sign code. The amendments indicated in red represent the necessary changes to the City’s sign ordinance necessary to be consistent with the Supreme Court’s ruling. In addition, Staff has included some minor changes that are highlighted in yellow. They include the following: 1. Page 4 – Definitions – Window sign – Deleted the portion of the definition that included any signage within five feet of the interior of the window and states that any signage visible from the exterior of the structure is considered a window sign. 2. Page 13 – Construction of bases – Each of the overlays and Form Based Code areas address the width of the sign face. Deleted the requirement for wood, brick or stone or appearance of wood, brick or stone. Required that the base be compatible with the exterior material of the main structure. 3. Page 13 – Clarified that each non-residential lot is only allowed one temporary standard information sign. 4. Page 15-18, 21, 24, 25 – Required that freestanding signs be externally illuminated. 5. Page 16, 17, 19, 21, 23, 24 – For freestanding signs, deleted the requirement that sign faces shall be made out of wood or other material wood….. as approved by the director. This is not the type of design for the Hwy 9 Overlay or Deerfield FBC. It still is required for the Crabapple FBC and Birmingham Crossroads Overlay. 6. Page 17, 19, 21, 23 – For wall signs, deleted the requirement that sign faces shall be made out of wood or other material wood….. as approved by the director. This is not the type of design for the Hwy 9 Overlay or Deerfield FBC. It still is required for the Crabapple FBC and Birmingham Crossroads Overlay. 7. Page 24 and 25 – The Deerfield Form Based Code has the same standards as the SR 9 Overlay District. 8. Page 25 – Required that sign cabinets shall be even when placed back to back. 9. Page 26 – Clarified what is considered a window sign. 3 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 – September 2015 Concurrent Review: None Attachment(s): Proposed text amendment and ordinance for RZ15-27. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 1 ARTICLE XVI. - SIGNS[10] Footnotes: --- (10) --- Editor's note—Section 1 of Ord. No. 12-02-128, adopted Feb. 22, 2012, amended art. XVI in its entirety to read as herein set out. Former art. XVI, §§ 64-2241—64-2245, 64-2265—64-2272, 64-2292—64-2303, 64-2323—64-2326, pertained to similar subject matter, and derived fro m Ord. No. 09-04-40, art. 33, §§ 2—26.3, adopted April 27, 2009; and Ord. No. 09 -06-44, art. XXXIII, § 11, adopted June 15, 2009. DIVISION 1. - GENERALLY Sec. 64-2241. - Definitions. Words and phrases used in this article shall have the meanings set fo rth in this section. Words and phrases not defined in this section, but defined elsewhere in the city zoning ordinance, shall be given the meanings set forth in such ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this article. Abandoned sign means any sign that contains or exhibits broken panels, visible rust, visib le rot, damaged support structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and for which no person accepts maintenance responsibility. Animated sign means any sign, or part of a sign, that uses any movement or change of lighting or color to depict action or create a special effect or scene. Audible sign means any sign which emits a sound which is audible or emits a signal which can be converted into audible sounds, whether by radio or other means. Awning/canopy sign. (1) The term "awning/canopy sign" means any sign that is a part of, or attached to, an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. (2) The term "awning/canopy sign" does not include a marquee. Banner means a sign other than a flag with or without characters, letters, illustrations or ornamentation applied to cloth, paper, vinyl or fabric that is intended to be hung either with a frame or without a frame. Neither flags nor awning/canopy signs are considered banners. Beacon means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. Billboard means a freestanding sign with an area of more than 120 square feet. Blade/shingle sign means a sign which extends out from a building face or wall so that the sign face is perpendicular or at an angle to the building face or wall. Clerestory means any high windows above eye level. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 2 Changeable copy sign means any sign that incorporates changing lights, lettering, or images to form a sign message or messages, whether such changes are accomplished electronically or manually. City means the City of Milton, Georgia. City council means the City Council of the City of Milton, Georgia. Department means community development department, or such other department as is given authority to implement this authority by the city. Director means the director of the community development department, or such other department as is given authority to implement this authority by the city, or his or her designee. Fall zone means an area equal to 133 percent of the height of the structure in every direction. Flag means any fabric or bunting containing colors, patterns, or symbols . used as a symbol of a government or other legal entity or legally organized organization. Flashing sign means a sign, the illumination of which is not kept constant in intensity at all times when in use or which exhibits marked changes in lighting effects. Freestanding sign means any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. They are permanently affixed signs which are wholly independent of a building for support. Graffiti means unauthorized writing or drawing on the façade of any building, sign, path, accessory structure, wall, fence, or other site element. Illegal activity signs means signs which advertise an activity which is illegal under federal, state or local laws. Illuminated sign, external, means a sign illuminated by an external light source. Such source cannot be a device that changes color, flashes or alternates. Illuminated sign, internal, means a sign illuminated by an internal light source, including electric lights, luminous tubes, LED, neon, fiber optics, fluorescent. Such source cannot be a device that changes color, flashes, or alternates. Imitation traffic signs means signs which contain or are an imitation of an official traffic sign or signal or contain the words "stop," "go," "slow," "caution," "warning," or similar words in such a manner as to resemble official traffic control signs. Kiosk means a small structure with one or more sides that is used to vend merchandise or services. Landscape strip means an area required by this zoning ordinance or by conditions of zoning which is reserved for the installation and maintenance of plant materi als. LED means an electronically controlled sign utilizing light -emitting diodes to form some or all of the sign message. Lot means a parcel of land that is of sufficient size to meet minimum zoning requirements for lot area, coverage, and use and that can provide such yards and other open spaces as required by the zoning standards. Lollypop sign means a pole sign with an additional three-dimensional shape or sign on the top. Marquee or marquee sign means any permanent rooflike structure projecting beyond a building or extending along and projecting beyond the wall of the building. Monument means a freestanding sign with a base width of not less than the width of the sign face. Moving sign means a sign which revolves, rotates, swings, undulates, or oth erwise attracts attention through the structural movement of parts. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 3 Multitenant means one or more buildings, located on a single premises or development, containing two or more separate and distinct individual licensed business, which occupy separate port ions of the building or buildings, and which are physically separated from each other by walls. Neon sign means neon or other inert gas filled tubing signs. This definition includes lighted banding used as trim around buildings or windows. Nonconforming sign means any sign which was lawfully erected and maintained prior to the adoption, revision or amendment of this article XVI of the City of Milton Zoning Chapter, but which, by reason of such adoption, revision, or amendment, no longer meets or conforms to one or more such requirements within article XVI. Obscene. Material is obscene if to the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion; the material taken as a whole lacks serious literary, artistic, political or scientific value; and the material depicts or describes, in a patently offensive way, sexual conduct specifically defined as: (1) Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated; (2) Acts of masturbation; (3) Acts involving excretory functions or lewd exhibition of the genitals; (4) Acts of bestiality or the fondling of sex organs of animals; or (5) Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship. Pennant or streamer means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspen ded from a rope, wire, or string, usually in a series, designed to move in the wind. Permanent sign means any sign which, when installed, is intended for permanent use, and is of a type and construction as not to be easily or readily removed from the lot on which it has been erected. Permit means a sign permit reviewed, approved, and issued by the city community development department. Permittee means the person or entity owning or leasing the land on which the sign is erected or for which an application has been submitted. Person means a natural or legal person, including a firm, organization, partnership, trust, and corporation. Pole sign means a freestanding sign with visible support structures. Portable sign means a sign which is not permanently affixed to the ground or to a structure including, but not limited to, signs on trailers or signs mounted or painted on vehicles which are either parked or moving, in such a manner as to serve the purpose of a sign. Principal building means the building in which the principal use of the lot is conducted. Nonresidential lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other structures with clearly accessory uses shall not be considered principal buil dings. Projecting sign means any sign which is suspended or projected from the wall, eave, or soffit of the building. Public sign means any sign erected by a governmental entity. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 4 Pylon sign means a freestanding sign with visible support structure or wit h the support structure enclosed with a pole cover. Roof sign means any sign erected and constructed wholly on and over the roof of a building, or supported by the roof structure. Shingle/blade sign means a sign which extends out from a building face or wall so that the sign face is perpendicular or at an angle to the building face or wall. Sign means any device, fixture, placard, or structure affixed to, supported by, or suspended by a stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to communicate information of any kind to the public. Sign face means that part of a sign that is or can be used for advertising purposes. Sign kiosk means a small structure for advertising that contains signs. Standard informational sign means a sign with an area of not greater than four square feet, with a sign face made for short-term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater than three feet and is mounted on a stake or metal frame with a thickness or diameter not greater than 1½ inches. Temporary sign means any sign of nonpermanent nature. Wall sign means any sign attached parallel to a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface. Water tower means a tower or standpipe serving as a reservoir to deliver water at a required head, whether in use, no longer in use or an architectural feature. Window sign means any sign that is affixed to the exterior of the window or window panes, or on or within five feet of affixed to the interior of the window or window panes and is visible from the exterior of the structure. Window signs include decals and images painted onto the glass. Windows do not include architectural features. Zoned development means property subject to a single zoning application. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2242. - Purpose and findings. (a) Purpose. This article was enacted with the following purposes: (1) To protect the rights of individuals and businesses to convey their messages through signs; (2) To encourage the effective use of signs as a means of communication; (3) To promote economic development; (4) To improve traffic and pedestrian safety as it ma y be affected by distracting signs; (5) To prevent the destruction of the natural beauty and environment of the city and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting, informal landscaping, and preserve the historic character of the city; (6) To encourage and ensure that development that is context -sensitive in design and materials compliments and is compatible and sensitive with the existing character of the area through its proportion, scale, design, style, placement, position, and architectural qualities that further the distinct values of the city; RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 5 (7) To protect the public health, safety, and general welfare; (8) To restrict the continued existence of abandoned or nonconforming signs unless in compliance with the terms of this article and to eliminate, over time, all nonconforming signs; (9) To ensure the fair and consistent enforcement of sign standards; and (10) To make it easier, quicker, and more economically efficient to ap ply for a sign permit. (b) Findings. This article was enacted with the following findings in mind: (1) The city finds that signs are a proper use of private property, are a means of personal free expression and a necessary component of a commercial enviro nment. As such, signs are entitled to the protection of the law. In the absence of regulation, however, the number of such signs tends to proliferate, with property owners' desiring ever increasing numbers and sizes of signs, leading to cluttered and aesth etically blighted thoroughfares. In addition, the competition among competing sign owners for visibility of their signs contributes to safety hazards for both vehicles and pedestrians and undermines the sign owners' original purpose of presenting a clear message of its idea or identification of its premises. (2) The city further finds that the regulation of the size, height, number and spacing of signs is necessary to protect the public safety, to ensure compatibility of signs with surrounding land uses, to enhance the business and economy of the city, to protect the public investment in the streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable display of advertising for the benefit of all the city's citizens. (3) The city further finds that there is a substantial difference between signs erected by public authority and signs erected by private citizens or businesses. Signs erected by public authority are virtually all erected for the purpose of maintaining the public safety either through direct control of traffic or through provision of such type signage as stre et signs which enable the traveling public to know where they are located and to find where they are going. As such, with the exception of signs identifying government buildings, virtually all government signs are erected purely for public safety purposes. Moreover, their use in the public right -of-way is necessary to ensure their visibility to the motoring public. The city commission finds that public utility signs are frequently of the same nature as those signs erected by governmental entities in that they provide necessary information to safeguard the public from downed power lines and from street excavations. Even where signs serve a propriety purpose, such as identifying markings on utility poles, those signs are marked primarily for the purpose of ben efiting the public generally through identification of locations where there may be temporary losses of power. (4) The city further finds that some signage has a single targeted function and that identification of such signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of locating addresses, which is of benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. Subdivision signs at the entrances to subdivisions favor a similar purpose in enabling both the traveling public and emergency personnel to quickly locate subdivision entrances for the purpose of either visitation or responding to emergency calls. While such signage is referenced based upon the function it serves within the context of this ordinance, the bulk of the provisions of this article are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners. Reserved. (5) The city further finds that most of the city is unique when compared to surrounding areas in terms of the rural, pastoral and equestrian nature of its land uses. Examination of such factors as the lack of sewerage of the majority of its land area, the resu lting minimum lot size, the lack RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 6 of commercial development outside overlay districts and purposefully developed commercial corridors and the large number of agricultural and related uses such as horse farms set the city apart from the more commercialized and developed municipalities which surround it. The preservation of this atmosphere and lifestyle was a major factor in the drive to incorporate the city as its own unique city. Accordingly, the city determines that it has a substantial government interest in striking a proper balance between the right of freedom of expression in terms of the time, place and manner of signage with the need to preserve the pristine character of the city. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2243. - Director's duty to administer and enforce. The director of the department is hereby authorized and directed to administer and enforce this article, unless otherwise specifically provided by an ordinance of the city council. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2244. - Applicability. The standards of this article shall apply to all signs erected within the city's corporate limits. This includes those areas that have been or will be annexed into the city corporate limits. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2245. - Severability. Should any article, section, clause, or provision of this article be declared by a court of competent jurisdiction to be invalid, such action shall not affect the validity of the ordinance as a whole or any part hereof other than the part so declared to be invalid, it being the intent of the city council that each article, section, clause, and provision hereof be severable. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 24-2246 – Content Neutrality Notwithstanding any provisions to the contrary contained herein, this article shall be interpreted in such a manner that the availability, land use, or other triggering event or condition for an entitlement to apply for, erect, or place signage within the city shall not have the effect of dictating or controlling in any manner the content of the message that may be placed upon such signage, it being the expressed intention of the city that this article be content, viewpoint, and speaker neutral. Secs. 64-22462247—64-2264. - Reserved. DIVISION 2. - PERMITS Sec. 64-2265. - Required. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 7 (a) Except where specifically not required by the standards of this article, it shall be unlawful for any person to post, display, materially change, or erect a sign in the city without first having obtained a sign permit. Notwithstanding the foregoing, signs which are not visible from a public right-of-way, private drive, public space, or from neighboring residential properties shall not be subject to the standards of this article. (b) All applicants for signs that incorporate electricity must obtain an elect rical permit. (c) All applicants for any sign that is greater than eight feet in height (as measured from grade) and greater than 32 square feet in area must obtain a building permit. See section 64 -2302. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2266. - Fees. No permit shall be issued until the appropriate application has been filed with the director and fees, as set from time to time by ordinance of the city council, have been paid. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2267. - Application. Contents. Applications for sign permits required by this article shall be filed in duplicate by the person owning the subject property, or the owner's agent, in the office of the director upon forms furnished by that office. The application shall describe and set forth the following: (1) The type and purpose of the sign as defined in this articleThe type of the sign as defined in this article; (2) The value of the sign; (3) A survey to scale showing the street address of the property upon which the subject sign is to be located, the proposed location of subject sign on subject property, the distance of the proposed sign from the subject property's boundaries, and all existing structures or buildings on the subject property; (4) The square foot area per sign and the aggregate square foot area if there is more than one sign face; (5) The name and address of the owner of the real property upon which the subject sign is to be located; (6) The property owner's written consent, or his or her agent, granting per mission for the placement, maintenance, size, and height of the subject sign to be placed on the property; (7) For wall signs, two sets of building elevations; (8) The name, address, telephone number, and business license number of the sign contractor; (9) Sign details, including a proposed color scheme of sign, and scaled elevation of the size and height of the proposed sign from ground level and adjacent street level; and (10) The zoning district in which the subject property is located and a statement of compliance with all requirements of the zoning district. (Ord. No. 12-02-128, § 1, 2-22-2012) RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 8 Sec. 64-2268. - Rejection. (a) Incomplete, false statements. The director shall reject any application that is incomplete, that contains false material statements or omissions, or that is for a sign which would violate any standard within this article within 30 business days of receipt of said application. (b) Processing time; notice; denial. The city shall process all complete and accurate sign permit applications within 30 business days of the city's actual receipt of a complete and accurate application and upon remittance of the appropriate sign permit fee. The director shall give notice to the applicant of his or her decision by hand delivery or by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or before the thirtieth business day. If the decision of the director is to deny the a pplication, the decision shall state the grounds upon which the denial is based. Failure of the city to act within the 30-day period shall be deemed a denial of the permit.Failure of the city to act within the 30 -day period shall be deemed as an automatic approval of the permit. If notice is mailed in conformity with this section, notice shall be deemed to have been given upon the date of mailing. Any application meeting the standards of this article will be granted. Any application not meeting the standards of this article will be denied. (c) Appealable. A rejection pursuant to this section shall be appealable pursuant to the procedures for zoning appeals outlined in this zoning ordinance. However, notwithstanding the foregoing, a final decision of an appeal of the denial of a sign permit will be rendered within 80 days from the date an appeal is filed. If a final decision of an appeal of the denial of a sign permit is not rendered within the 80-day period, the decision sought to be appealed shall be affirm ed. (d) Resubmission. A rejected application later resubmitted in conformity with this article shall be deemed to have been submitted on the date of resubmission, instead of the original submission date. An application which is resubmitted shall meet all the standards for an original application. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2269. - Reserved. Sec. 64-2270. - Variance. (a) Limitations. The board of zoning appeals shall be allowed to grant variances to this article. (b) Timing. The board of zoning appeals shall hear and decide upon a variance to this article within 80 days of the submission of a complete and accurate application for variance to this article. If a decision on the variance is not rendered within 80 days, then the petition sh all be deemed approved. (c) Procedure. Except as modified by this article, the procedures for requesting a variance from the standards of this article shall be the same procedures as that for seeking a variance from the city's ordinances regulating zoning. (d) Standards. The standards which shall be considered for granting a variance from the standards of this article shall be only the following: (1) Relief to this article may only be granted where existing foliage or structures bring about a hardship whereby a sign meeting the maximum letter size, square footage and height requirements cannot be read from an adjoining road; or (2) The application of the particular provision of this Zoning Ordinance to a particular piece of property, due to extraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography, would create an unnecessary hardship for the owner while causing no detriment to the public. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 9 (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2271. - Expiration date. (a) A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within six months after the date of issuance; provided, however, that where an applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign, but the fabrication has not yet been completed, one 90 -day extension may be granted by the director. (b) No refunds shall be made for a permit after the permit is issued. If later an individual d esires to erect a sign at the same location, a new application for the sign must be processed and another fee paid in accordance with the fee schedule applicable at such time. (Ord. No. 12-02-128, § 1, 2-22-2012) Secs. 64-2272—64-2291. - Reserved. DIVISION 3. - ADDITIONAL PROVISIONS Sec. 64-2292. - Business license tax certificate, public liability insurance required. It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the city, unless and until such entity shall have obtained an occupation tax certificate or business license issued in the State of Georgia, and a certificate of insurance from an insurance company authorized to do business in the state evidencing that the entity has in effect public liabi lity and property damage insurance in the sum of $25,000.00 for property damage for any one claim, and public liability insurance in an amount not less than $100,000.00 for injuries, including accidental death to one person. The certificate of insurance shall state that the insurance carrier shall notify the city 30 days in advance of any termination or restriction of the coverage, including nonrenewal, cancellation, and nonpayment of any premium. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2293. - Identification labels; inspection; notice. (a) Identification labels. With each sign permit, the director shall issue a sticker bearing the same number as the permit with which it is issued. It shall be the duty of the permittee or his or her agent to affix such sticker to the sign in the lower right hand area so it is easily seen. The absence of a proper sticker shall be prima facie evidence that the sign has been, or is being, erected or operated in violation of the standards of this article. (b) Inspection. The director shall inspect all existing signs in the city to determine if such signs conform to the standards of this article. Identification stickers shall be provided for all signs in order to identify existing conforming and nonconforming signs. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2294. - Signs requiring no permit. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 10 The following shall not count toward the total amount of signage allowed and no permit is required so long as all standards in this article are met, including the following: (1) Numerals displayed for the purpose of identifying property location not to exceed eight inches in height; (2) Flags; (3) Door signs not to exceed one square foot in size and not more than one sign per door; and (4) Temporary standard informational signs in all districts. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2295. - Prohibited signs and devices. The following types of signs are prohibited in the city: (1) Moving signs, sandwich boards and signs applied directly to sidewalk or curb, balloons, streamers or air or gas filled figures and other similar temporary signs (except where specifically allowed). (2) Beacons, search lights, laser lights or images (except where specifically allowed). (3) Audible signs. (4) Signs in right-of-way, other than those belonging to a government, public service agency, or railroad. (5) Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or traffic control box and cell towers. (6) Roof signs, marquee signs. (7) Portable signs, except that signs posted in the window of a vehicle, totaling one square foot, shall be permitted, unless the vehicle is parked within a nonresidential district or AG -1 (Agricultural) developed with a nonresidential use, with the intent t o sell that vehicle. (8) Obscene signs. (9) Illegal activity signs. (10) Signs not maintained. (11) Abandoned signs. (12) Animated signs, flashing signs, rotating signs, and changeable copy signs. (13) Imitation traffic signs. (14) Graffiti. (15) Sign kiosks. (16) Signs attached to or painted on natural objects. (17) Temporary signs and banners attached to fences or walls (except where specifically allowed). (18) Internally illuminated window signs, including neon (except where specifically allowed). (19) Signs in landscape strip, unless approved by the city arborist. (Ord. No. 12-02-128, § 1, 2-22-2012) RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 11 Sec. 64-2296. - Reserved Sec. 64-2297. - Nonconforming signs. (a) Maintained. A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards, or dismountable material on nonconforming signs shall be permitted. All nonconforming signs shall be ma intained in good repair. (b) Repair. Minor repairs and maintenance of nonconforming signs shall be permitted; however, no structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the standards of this article. To the extent that any sign allowable hereunder is damaged or destroyed by an act of God or by other circumstances beyond control of the owner of the sign, then such sign may be repaired without regard to the restrictions of thi s subsection. (c) Grandfathering. Legal nonconforming signs may stay in place until one of the following conditions occurs: (1) The business on which the property on which the sign is located ceases operation for at least six consecutive months; (2) The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt; or (3) The sign has been damaged to such extent that more than minor repairs or a material change is required to restore the sign. No stru ctural repairs or change in shape or size shall be permitted except to make the sign comply with all standards of this article. To the extent that any sign allowable hereunder is damaged or destroyed by an act of God or by other circumstances beyond control of the owner of the sign then such sign may be repaired without regard to the restrictions of this subsection. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2298. - Reserved. Sec. 64-2299. - Sign location. (a) Obstructions to doors, windows or fire esc apes. No sign shall be erected, relocated, or maintained so as to prevent free ingress or egress from any door, window, or fire escape. (b) Signs not to constitute traffic hazard. No sign or any part thereof, except authorized traffic signs, shall be located in any government right -of-way. No sign, except authorized traffic signs, may be located any closer than 20 feet to an intersection as measured from the intersection of the two rights- of-way. (c) Setback. Unless a more restrictive setback is specified in conditions of zoning or otherwise in this article, all permanent ground signs shall set back 20 feet from the edge of pavement. No sign, except authorized traffic signs, shall project over the right-of-way. All temporary signs, as described in section 64 -2303, shall be placed at least 15 feet from the edge of pavement. No signs shall be placed between the road and the back of the landscape strip (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2300. - Measurement of sign area. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 12 (a) Size generally. The area of a sign shall be computed as the area within the smallest continuous polygon comprised of not more than eight straight lines enclosing the limits of a sign face, together with any sign face cabinet or frame or material, texture, or color forming an integral part of the sign face used to differentiate the sign face from the structure upon which it is placed. If polygons established around wall signs located on the same street ori ented wall are within 24 inches or less of one another, then the area of the sign shall be measured within one continuous polygon. (b) Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those parts contained within the polygon that delineates the sign face. (c) Multifaced signs. For multifaced signs, when the sign face surfaces are back -to-back, or where the interior angle formed by the faces is 45 degrees or less, the area of the sign shall be taken as the areas on the largest side. For all other multi faced signs, th e area of the sign shall be the total area on all sides. (d) Three-dimensional signs. Three-dimensional signs shall not exceed two inches from surface. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2301. - Measurement of sign height. The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) Existing grade prior to construction; or (2) The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2302. - Construction standards. (a) Building codes. All permanent signs permitted under this Code shall be constructed and maintained in accordance with the applicable city building codes. For any sign that is greater than eight feet in height (as measured from grade) and greater than 32 square feet in are a, the permittee must submit, with its building permit application, detailed structural design drawings of the sign and its foundations. Such drawings must include the foundation, supporting structure and sign face and must be certified by a professional structural engineer, licensed in the state of Georgia. The certifying engineer shall provide an insurance certificate indicating it carries a minimum of $1,000,000.00 of professional liability insurance. (b) Faces. The face of the sign shall be flat, with protrusions of no more than two inches to allow for the texture of the sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements. No sign or other advertising structure shall be constructed so as to have nails, tacks, or wires protruding therefrom. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood. (c) Illumination. Signs may be externally illuminated where permitted pursuant to this article. Colored lighting is prohibited. Where external illumination is permitted for freestanding signs, the source of illumination shall be screened from the view of the general public with shrubs. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 13 (d) Construction of bases. Except in the overlay districts, freestandin g signs shall have a base not less than one-third the width of the sign face. Bases must also be wood or brick or stone or have the appearance of wood, brick or stone or other materials which are be compatible with the exterior material of the main structure as approved by the community development department director. (e) Landscaping. Landscaping and grass shall be maintained in front of, behind, underneath, and around the base of freestanding signs. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2303. - Sign restrictions based on location. If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this section shall be prohibited in that district, except as otherwise provided for under this article. The f ollowing standards govern signs within specific zoning districts. The following signs shall be setback at least 15 feet from the edge of pavement: (1) Signs permitted in all zoning districts. a. Temporary freestanding signs are permitted in all zoning di stricts, per the following standards: 1. Signs during construction. One sign shall be allowed during construction. A permit shall be required. The sign may be externally illuminated, shall not exceed 12 square feet in area and five feet in height, and sha ll be allowed beginning with the commencement of construction and ending with the issuance of the last certificate of occupancy or two years, whichever one shall first occur. Thereafter, the permittee may reapply for a renewal permit subject to same termin ation conditions as set forth in this subsection. 2. Temporary standard informational signs. i. Each non-residential lot and/or development may display one standard informational sign not exceeding four square feet without a permit, except that during a political election or referendum, between the date of qualification of the candidate or the referendum question and final determination on each ballot issue or candidate, each lot may display an unlimited number of standard informational signs. All such signs shall be removed within seven calendar days after the purpose of which the sign is intended has been accomplished.All such signs shall be removed within seven calendar days after a final determination on that election item or referendum that triggered the right to erect the sign. 3. Signs during the sale or lease of property. During the sale or lease of property, one sign per road frontage of the property for sale or lease, shall be allowed. The sign shall not be internally illuminated. The sign shall not exceed nine square feet on major roads, and six square feet on all other roads. A permit shall be required for signs greater than six square feet. _____ RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 14 Major roads include: US Hwy 19 (GA 400) McGinnis Ferry Road State Route 9 Arnold Mill Road/State Hwy 140 Windward Parkway Birmingham Hwy/State Hwy 372 Cogburn Road Hopewell Road New Providence Road _____ b. Banners are permitted in all zoning districts, per the following standards: Banners shall be allowed for a period not exceeding ten consecutive days, with no more than four such ten consecutive-day periods being permitted per calendar year, per lot. In addition, each new business sha ll be allowed a banner for 30 consecutive days starting from the issuance of the business license or occupational tax certificate. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, between May 1 to June 15. A permit is not required. Banners shall not be more than 24 square feet. A permit shall be required. No banner shall be mounted so as to extend above the horizontal plane of the roof where the building wall and roof meet or shall not extend more than five feet above grade when on the ground. All banners mounted on the ground must be supported on all sides by a PVC frame or its equivalent. (2) AG-1 (agricultural district). a. Freestanding signs. Within the AG-1 (agricultural district), standards for freestanding signs are as follows: 1. One maximum 32-square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. 2. One maximum 32-square foot, freestanding sign or two single -faced freestanding signs not to exceed 16 square feet each, shall be permitted for each side of a platted single-family subdivision entrance. 3. Freestanding signs shall have a maximum height of six feet from finished grade. If freestanding signs are illuminated, the light shall come from external sources which RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 15 shall be screened from view with evergreen plantings as approved by [the] director. Signs shall not have changeable copy. b. Other signage. 1. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 2. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, during graduation seaso n (from May 1 to June 15). A permit is not required.Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, between May 1 to June 15. A permit is not required. 3. Each lot may post one seasonal expression sign, maximum 16 square feet in area, for a maximum of 30 days. Such signs shall be located only on private property, with the owner's permission. A permit is required for this sign. For purposes of this paragraph, a seasonal expression sign shall mean a sign, not otherwise defined in this article, which involves the expression of any idea that could be characterized as free speech and which is not necessarily related to a particular use of land. c. Flags. Each development may display no more than three flagpoles, and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In nonresidential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (3) Single-family residential, CUP and NUP districts. Within the single-family residential, CUP and NUP districts, standards for signs are as follows: a. Freestanding signs. 1. One maximum 32-square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. 2. One maximum 32-square foot, freestanding sign or two single -faced freestanding signs not to exceed 16 square feet each, shall be permitted for each side of a platted single-family subdivision entrance. 3. Freestanding signs shall have a maximum height of six feet from finished grade, and mayshall be externally illuminated, the light shall be screened from view with evergreen plantings as approved by the director, and shall not have changeable copy. b. Other signage. 1. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 2. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of 40 days, during gra duation season (from May 1 to June 15). A permit is not required. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, between May 1 to June 15. A permit is not required. c. Flags. Each development may display no more than three flagpoles, and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In non -residential districts, the RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 16 flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (4) Apartment and townhouse residential districts. Within the apartment and townhouse residential districts, standards for signs are as follows: a. Freestanding signs. 1. One freestanding sign per right-of-way frontage shall be permitted, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Freestanding signs shall not have changeable copy. 5. Freestanding signs may shall be externally lighted. The light shall be screened from view with evergreen plantings as approved by the director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 7. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. b. Other signage. 1. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 2. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, during graduation season (from May 1 to June 15). A permit is not required. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, between May 1 to June 15. A permit is not required. c. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In nonresidential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (5) O-I districts. Within the office-institutional districts, standards for signs are as follows: a. Billboards. 1. Along, and oriented toward, state-numbered primary routes or national highways only; 2. At least 500 feet from all residential or AG-1 zoning districts; 3. Minimum 50-foot setback from right-of-way; 4. Minimum of 1,500 feet from any other billboards or freestanding sign, except standard informational signs; 5. The lot on which the billboard is located shall have sufficient area to accommodate the fall zone, and except for the sign, no parking areas, ped estrian areas, roadways, buildings, structures, or appurtenances shall be contained in the fall zone; 6. Maximum of 12 feet in height. b. Freestanding signs. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 17 1. There may be one freestanding sign per right -of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs may shall be externally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 7. Sign faces shall be made out of wood or other ma terial which has the appearance of carved, distressed, or sandblasted wood as approved by the director. c. Wall signs. 1. Businesses may have no more than two wall signs. Single tenant buildings and end units of multitenant buildings may have an additional wall sign. 2. One sign shall be flush against the wall. The maximum size shall be 12 square feet. 3. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. 4. Signs shall be one unit as opposed to individually mounted letters. 5. Wall signs shall not have changeable copy. 6. If illuminated, signs may be externally lighted and directed downward. 7. Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. 8. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the community development department director. d. Grand opening event signage. Signs for grand opening events are permitted for any new or relocated business according to the following standards: The grand opening event is allowed within two months of the issuance of the certificate of occupancy. A special event permit must be obta ined from the community development department prior to conducting the grand opening event. 1. The special event permit for a grand opening is valid for a period of 48 hours. 2. Signage. i. One banner shall be allowed for a grand opening event, which shal l not exceed 24 square feet in area. (see subsection (1)b.) A separate permit is required for this banner. ii. One, four square foot temporary sign is allowed. 3. A temporary tent may be used in conjunction with a grand opening special event permit. The fire marshal's signoff must be obtained on the special event permit for the use of the tent. 4. One inflatable device is allowed, within the event footprint, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable must RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 18 indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 5. One search light or similar device is allowed. The light must be diminished by 11:00 p.m. 6. Temporary outside display of merchandise is permitted for a grand opening event. i. Such display shall be located next to the building entrance door, provided a minimum 36 - inch clear and unobstructed walkway is maintained. ii. Any display not brought inside of the business at close of business day is considered outdoor storage and is prohibited. New occupancy signage. The following signs may be erected for a single period of no more than 48 consecutive hours, which period shall occur within two months of the issuance of a certificate of occupancy for structures located on the property on which the sign is erected: 1. One banner which shall not exceed 24 square feet in area (see subsection (1)(b)). A separate permit is required for this banner. 2. One, four square foot temporary sign. 3. One inflatable device, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable device must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 4. One search light or similar device provided the light must be extinguished by 11:00 p.m. 5. Temporary outside display of merchandise, provided: a. Such display shall be located next to the building entrance door while maintaining a minimum 36-inch clear and unobstructed walkway to the door; and a.b. Such display must be brought inside of the business at close of business day. e. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In nonresidential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (6) Mixed-use districts. Within the mixed-use districts, standards for signs are as follows: a. Freestanding signs. 1. There may be one freestanding sign per right -of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs may shall be externally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 19 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 7. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. b. Wall signs. 1. Businesses may have no more than two wall signs. Single tenant buildings and end units of multitenant buildings may have an additional wall sign. 2. One sign shall be flush against the wall. The maximum size shall be 12 square feet. 3. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. 4. Signs shall be one unit as opposed to individually mounted letters. 5. Wall signs shall not have changeable copy. 6. If illuminated, signs may be externally lighted and directed downward. 7. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. 8. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. c. Grand opening event signage. Signs for grand opening events are permitted for any new or relocated business according to the following standards: The grand opening event is allowed within two months of the issuance of the certificate of occupancy. A special event permit must be obtained from the community development department prior to conducting the grand opening event. 1. The special event permit for a grand opening is valid for a period of 48 hou rs. 2. Signage. i. One banner shall be allowed for a grand opening event, which shall not exceed 24 square feet in area. (see subsection (1)b.) A separate permit is required for this banner. ii. One, four square foot temporary sign is allowed. 3. A temporary tent may be used in conjunction with a grand opening special event permit. The fire marshal's signoff must be obtained on the special event permit for the use of the tent. 4. One inflatable device is allowed, within the event footprint, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 5. One search light or similar device is allowed. The light must be diminished by 11:00 p.m. 6. Temporary outside display of merchandise is permitted for a grand opening event. i. Such display shall be located next to the building entrance door, provided a minimum 36 - inch clear and unobstructed walkway is maintained. ii. Any display not brought inside of the business at close of business day is considered outdoor storage and is prohibited. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 20 New occupancy signage. The following signs may be erected for a single period of no more than 48 consecutive hours, which period shall occur within two months of the issuance of a certificate of occupancy for structures located on the property on which the sign is erected: 1. One banner which shall not exceed 24 square feet in area (see subsection (1)(b)). A separate permit is required for this banner. 2. One, four square foot temporary sign. 3. One inflatable device, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable device must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 4. One search light or similar device provided the light must be extingu ished by 11:00 p.m. 5. Temporary outside display of merchandise, provided: a. Such display shall be located next to the building entrance door while maintaining a minimum 36-inch clear and unobstructed walkway to the door; and b. Such display must be brought inside of the business at close of business day. d. Other signage. 1. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 2. Each development may post one banner, maximum 24 square feet, maximum fi ve feet tall, for a maximum of 40 days, during graduation season (from May 1 to June 15). A permit is not required. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, between May 1 to June 15. A permit is not required. e. Flags. Each development may display no more than three flagpoles and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (7) Commercial and industrial park districts (M-1A). Within the commercial and industrial park districts, standards for signs are as follows: a. Billboards. Within commercial (C-1) and industrial park (M-1A) districts: 1. Along, and oriented toward, state -numbered primary routes or national highways only; 2. At least 500 feet from all residential or AG-1 zoning districts; 3. Minimum 50-foot setback from right-of-way; 4. Minimum of 1,500 feet from any other billboards or freestanding sign, except standard informational signs; RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 21 5. The lot on which the billboard is located shall have sufficient area to accommodate the fall zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, roadways, structures, or appurtenances shall be contained in the fall zone; 6. Maximum of 12 feet in height; and 7. In compliance with applicable height standards for the district in which located. b. Freestanding signs. 1. There may be one freestanding sign per right -of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Sign may shall be externally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 7. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. c. Wall signs. 1. Businesses may have no more than two wall signs. Single tenant buildings and end units of multitenant buildings may have one additional wall sign. 2. One sign shall be flush against the wall. The maximum size shall be 12 square feet or three percent of the wall area. 3. The second sign, if used, shall be per pendicular to the wall. The maximum size shall be two square feet. 4. Signs shall be one unit as opposed to individually mounted letters. 5. Wall signs shall not have changeable copy. 6. If illuminated, signs may be externally lighted and directed downwar d. 7. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. 8. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. d. Grand opening event signs. Signs for grand opening events are permitted for any new or relocated business according to the following standards: The grand opening event is allowed within two months of the issuance of the certificate of occupancy. A special event permit must be obtained from the community development department prior to conducting the grand opening event. 1. The special event permit for a grand opening is valid for a period of 48 hours. 2. Signage. i. One banner shall be allowed for a grand opening event, which shall not exceed 24 square feet in area. (see subsection (1)b.) A separate permit is required for this banner. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 22 ii. One, four square foot temporary sign is allowed. 3. A temporary tent may be used in conjunction with a grand opening special event permit. The fire marshal's signoff must be obtained on the special event permit for the use of the tent. 4. One inflatable device is allowed, within the event footprint, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 5. One search light or similar device is allowed. The light must be diminished by 11:00 p.m. 6. Temporary outside display of merchandise is permitted for a grand opening event. i. Such display shall be located next to the buildi ng entrance door, provided a minimum 36- inch clear and unobstructed walkway is maintained. Any display not brought inside of the business at close of business day is considered outdoor storage and is prohibited. New occupancy signage. The following signs may be erected for a single period of no more than 48 consecutive hours, which period shall occur within two months of the issuance of a certificate of occupancy for structures located on the property on which the sign is erected: 1. One banner which shall not exceed 24 squre feet in area (see subsection (1)(b)). A separate permit is required for this banner. 2. One, four squre foot temporary sign. 3. One inflatable device, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable device must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 4. One search light or similar device provided the light must be extinguished by 11:00 p.m. 5. Temporary outside display of merchandise, provided: a. Such display shall be located next to the building entrance door while maintaining a minimum 36-inch clear and unobstructed walkway to the door; and b. Such display must be brought inside of the business at close of business day. e. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In nonresidential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (8) Industrial districts. Within industrial districts, standards for signs are as follows: a. Billboards. Within industrial districts (M-1 and M-2), 1. Along, and oriented toward, state -numbered primary routes or national highways only; 2. At least 500 feet from all residential or AG-1 zoning districts; RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 23 3. Minimum 50-foot setback from right-of-way; 4. Minimum of 1,500 feet from any other billboards or freestanding sign, except standard informational signs; 5. The lot on which the billboard is located shall have sufficient area to accommodate the fall zone, and except the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the fall zone; 6. Maximum of 12 feet in height; and 7. In compliance with applicable height standards for the district in which located. b. Freestanding signs. 1. There may be one freestanding sign per right -of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs may be externally lighted. The light shall be screened from view with evergreen planting as approved by the director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 7. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. c. Walls signs. 1. Businesses may have no more than two wall signs. Single tenant buildings and end units of multitenant buildings may have one additional wall sign. 2. One sign shall be flush against the wall. The maximum size shall be 12 square feet. 3. The second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. 4. Signs shall be one unit as opposed to individually mounted letters. 5. Wall signs shall not have changeable copy. 6. If illuminated, signs may be externally lighted and directed downward. 7. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. 8. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. d. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (9) Mobile home park districts. Within mobile home park districts, standards for signs are as follows: RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 24 a. Freestanding signs. 1. There may be one freestanding sign per right -of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs may shall be externally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 7. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. 8. Each residence may display up to 12 square feet of signage with no sin gle sign greater than four square feet. b. Other signage. 1. Each development may display up to 12 square feet of signage with no single sign greater than four square feet. 2. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, during graduation season (from May 1 to June 15). A permit is not required. Each development may post one banner, maximum 24 square feet, maximum five feet tall, for a maximum of 40 days, between May 1 to June 15. A permit is not required. c. Flags. Each development may display no more than three flagpoles, and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one fla g. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (Ord. No. 12-02-128, § 1, 2-22-2012) Secs. 64-2304—64-2322. - Reserved. DIVISION 4. - OVERLAY DISTRICTS Sec. 64-2323. - This division takes precedence. The standards and requirements of this division shall take precedence over citywide standards and requirements within the boundaries of the given overlay district. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2324. - State Route 9 Overlay District and Deerfield/Hwy 9 Form Based Code signs. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 25 In the State Route 9 Overlay District and Deerfield/Hwy 9 Form Based Code the following signage standards shall apply: (a) All freestanding signs shall be monuments with the width of the base equal to the width of the sign face. When placed back to back, the sign cabinets shall be even. The structure and base should match the principal building materials. (b) Multitenant developments are allowed one primary monument for the overall development which shall not exceed a maximum surface area of 48 square feet and a maximum height of 12 feet. (c) Multitenant developments on corner lots are allowed an additional monument sign on t he secondary street at the project entrance which shall not exceed a maximum surface area of 24 square feet and a maximum height of four feet. (d) For multitenant retail, commercial, office, or institutional developments: (1) Each tenant is allowed one, maximum 24 square foot banner, per the time limits stated in section 64-2303. (2) The banner shall be placed on the tenant's storefront or wall space. (3) If building location renders installation on the wall not visible from the road, an administrative variance may be applied for to allow the banner to be installed on the ground. The variance shall condition the banner placement to a specific location on the development. a. All ground-mounted banners shall be installed on a PVC frame, or its equivalent. b. If the banner is required to be placed behind a fence, the banner shall have a maximum height of 12 feet. (4) No more than four ground-mounted banners may be displayed in a zoned development at one time. (e) Single tenant sites and outparcels are limited to one monument which shall not exceed a maximum surface area of 32 square feet and a maximum height of six feet. (f) Gas stations, convenience stores, discount warehouses and similar facilities that sell gasoline may have an additional 24 square feet of surface area and not to exceed six feet in height. (g) Two or more businesses that share a single tenant space are limited to one monument sign, which shall not exceed a maximum surface area of 32 square feet and a maximum height of six feet. (h) Monument signs shall be set back a minimum ten feet from the public right -of-way and shall be a minimum of 35 feet from any other identification monument. (i) Monument signs shall be externally illuminated. (ij.) Each place of business is allowed a maximum of two wall signs. (jk.) Wall signs shall face public streets and pedestrian parking areas. (kl) Wall signs shall not exceed 100 square feet or five percent of the applicable wall area, whichever is less. The length of the sign shall not exceed ten times the height of the sign. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. (lm) Permanent and temporary signs in windows shall not exceed 20 percent of each window. No window signs are allowed in clerestory windows. In no case shall window signs exceed ten percent of total wall area of the applicable elevation. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 26 (mn) The following information may be permanently displayed in windows or glass doors and is exempt from the 20 percent limit: street address, required to be posted by local, state or federal governments. The lettering for this information shall be four inches tall or as requir ed by fire prevention code. Also exempt is are store hours and security information. (no) Notwithstanding the prohibitions contained in subsection (r) below, each commercial establishment shall be entitled to a maximum of two internally illuminated window signs. If the establishment has a single internally illuminated window sign, the sign may be a maximum of four square feet in size and may be neon or LED illumination. If the establishment has two internally illuminated window signs, neither sign may be l arger than two square feet in size and only one may be neon or LED, while the second may be of other illumination. All internally illuminated window signs shall be positioned on the interior as a window sign, not more than ten feet from the floor, with at least one sign being not more than five feet from the main public entrance to the commercial establishment. None of the internally illuminated window signs may blink, flash, fluctuate or be animated in any way. Internally illuminated window sings may only be illuminated during the time the commercial establishment is open to the public for business. Any sign that is affixed to the exterior of the window or window panes or affixed to the interior of the window or window panes and is visible from the exterio r of the structure. on or within five feet of a window is considered a window sign for purposes of application of this section. (op) Wall signs shall be flush against the wall, not cover architectural features or details, and not extend beyond the roof line or outer edges of the building. (pq) Awnings and canopy signs with names are considered signs and may be substituted for monument or wall signs. If substituted, they shall be included in the maximum size calculations. (qr) The architectural color standards of the district apply only to the sign structure not to the sign face. See the following table. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system White Reds 168C, 181C, 483C, 484C, 675C, 1685C, 4975C Browns, Beiges and Tans 462C to 468C; 4625C to 4685C, 469C, 474C, 475C; 4695C to 4755C 478C, 719C to 724C 725C to 731C 476U to 482U Red-Browns 1154U, 1395 1405U RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 27 719U to 725U 726U to 732U (rs) The following types of signs are prohibited: (1) a. Posters, placards; b. Blinking, rotating, projecting, flashing, fluctuating or otherwise animated; c. Pylon, pole, lollypop; d. Roof, marquee; e. Portable, attached to vehicles; f. Sandwich, a-frame; g. Changeable copy signs; h. Electronic/manual reader boards, changeable copy; i. Internally illuminated window signs (except as allowed in subsection (n)). (2) Vehicles with lettering or graphics greater than two inches in height identifyi ng or promoting a business or commercial activity shall not be parked or stored within 100 feet of the curb of any public right-of-way. This standard does not apply to vehicles used regularly for delivery, pick-ups, service calls, or transporting customers , except that such vehicles shall not be parked within 50 feet of the curb of any public right -of-way after hours if the vehicles are visible from the public right-of-way. (st) Wall signs may be internally illuminated. (t) Monument signs shall be externally illuminated. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 28 Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 29 STATE ROUTE 9 OVERLAY DISTRICT MAP. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 30 DEERFIELD / HWY 9 FORM BASED CODE MAP Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 31 STATE ROUTE 9 OVERLAY DISTRICT MAP. (Ord. No. 15-04-241, § 1, 4-27-2015) Sec. 64-2325. - Crabapple Form-Based Code Overlay District signs. In the Crabapple Form-Based Code Overlay District the following signage standards shall apply: (a) Freestanding signs. (1) All freestanding signs must meet the following standards: a. Signs shall not have changeable copy including, but not limited to, scrolling, rotating, flashing, and computerized changeable copy. Theatres, schools, churches, parks and gas stations may have changeable copy that is changed manually. b. If illumination is used, the sign shall be externally illuminated. The light shall be screened from view with evergreen plantings as approved by the community development department director. c. The sign structure shall be constructed of wood, brick or stone or a material w hich has the appearance of wood, brick, or stone as approved by the community development department director and to the extent possible shall be the same material as the predominant material of the principal building. d. The sign face and sign letters shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood or stone as approved by the community development department director. Plastic inserts are prohibited. e. The sign may be supported either on one side or on both sides (i.e., shingle sign). (2) For nonresidential multitenant building and developments, freestanding signs must meet the following standards: RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 32 a. The maximum height shall be eight feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. c. There may be one sign per right-of-way frontage and it shall be located at a project entrance. (3) For nonresidential single tenant buildings, freestanding signs must meet th e following standards: a. Maximum height shall be six feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. c. There may be one sign per right-of-way frontage, and it shall be located at a project entrance. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 33 (4) For residential uses, freestanding signs must meet the following standards: a. Maximum height shall be six feet from finished grade. b. Each residential development may have a maximum of two, 12 square foot freestanding signs, which shall not exceed a total of 24 square feet, or one, 16 square foot sign, per entrance. (b) Wall signs must meet the following standards: (1) Wall signs shall not have changeabl e copy. (2) If illuminated, wall signs shall be externally illuminated and directed downward. (3) Wall sign shall not cover architectural features or details and not extend beyond the roof line. Wall signs can hang from the building. (4) Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. (5) A business may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall not exceed three percent of the applicable wall area. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. (6) Single tenant buildings and end units of multitenant buildings may have an additional wall sign. Businesses whose primary entrance faces an interior parking lot or courtyard may have an additional wall sign. The maximum size for either of these signs shall not exceed three percent of the applicable wall area. (7) A business may have an additional sign perpendicular to the wall with a maximum sign area size of four square feet. (c) Other signage. (1) Permanent and temporary signs in windows shal l not exceed 20 percent of each window. No window signs are allowed in clerestory windows. In no case shall window signs exceed ten percent of the total wall area of the applicable elevation. Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 34 Notwithstanding the prohibitions contained in subsection (e) be low, each commercial establishment shall be entitled to a maximum of two internally illuminated window signs. If the establishment has a single internally illuminated window sign, the sign may be a maximum of four square feet in size and may be neon or LED illumination. If the establishment has two internally illuminated window signs, neither sign may be larger than two square feet in size and only one may be neon or LED, while the second may be of other illumination. All internally illuminated window signs shall be positioned on the interior as a window sign, not more than ten feet from the floor, with at least one sign being not more than five feet from the main public entrance to the commercial establishment. None of the internally illuminated window sign s may blink, flash, fluctuate or be animated in any way. Internally illuminated window signs may only be illuminated during the time the commercial establishment is open to the public for business. (2) A business may have one sandwich board sign. Sign sha ll be: a. Single or double faced; b. Metal or wood framed (no plastic); c. Black or green, chalkboard type face; d. Located per ADA compliance (minimum 36 inches from the building); no more than ten feet from building; e. Located so as not to impede pedes trian or vehicular traffic; f. Not placed in tree island or landscape strip; g. Maximum height of four feet, six square feet per panel; h. Brought inside at the close of business. (d) Sign structure colors. Permitted colors for Crabapple Form Based Code Ov erlay District sign structures shall be limited to those listed in the table below. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 2C-7C 289C 316C 401-405C 407-412C 423C 424-425C 448-450C 4485U 4495C 451C 497 553 5536 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835 RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 35 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 4491C 625U 627U Warm Grey 5-7C Warm Grey 8-11 (e) The following types of signs are prohibited: (1) Monument; (2) Pylon, pole, lollypop, projecting signs; (3) Roof, marquee; (4) Electronic or manual reader boards, changeable copy signs; (5) Any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated; (6) Portable, excluding sandwich signs; (7) Posters, placards. _____ RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 36 CRABAPPLE FORM-BASED CODE OVERLAY DISTRICT MAP. (Ord. No. 12-02-128, § 1, 2-22-2012; Ord. No. 12-08-140, § 1, 8-20-2012) _____ Sec. 64-2326. - Birmingham Crossing Overlay District signs. In the Birmingham Crossroads Overlay district, the following sign standards shall apply: Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 37 (a) Freestanding signs. (1) All freestanding signs must meet the following standards: a. Signs shall not have changeable copy, inclu ding scrolling, rotating, flashing, and computerized changeable copy. b. If illumination is used, the sign shall be externally illuminated. The light shall be directed downwards. c. The sign structure shall be constructed of wood, brick or stone and to t he extent possible, shall be the same material as the predominant material of the principal building. d. The sign face shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood, or stone, as approved by the director. Plastic inserts are prohibited. e. The sign may be supported either on one side or on both sides (i.e., shingle sign). (2) For nonresidential multitenant building and developments, freestanding signs must meet the following standards: a. The maximum height shall be eight feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. c. There may be one freestanding sign per right -of-way frontage. (3) For nonresidential single tenant buildings, freestanding signs must meet the following standards: a. Maximum height shall be six feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. c. There may be one freestanding sign per right-of-way frontage. (4) For residential uses, freestanding signs must meet the following standards: a. Maximum height shall be six feet from finished grade. Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 38 b. The maximum size shall be 16 square feet. c. Each residential development may have a maximum of one sign per entrance. (b) Wall signs. (1) Wall signs shall not have changeable copy. (2) If illuminated, wall signs shall be externally illuminated, with the lighting directed downward. (3) Wall sign shall not cover architectural features or details and not extend beyond the roof line. (4) Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the community development department director. (5) A business may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall not exceed three percent of the applicable wall area. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. (6) Single tenant buildings and end units of multitenant buildings may have an additional wall sign. Businesses whose primary entrance faces an interior parking lot or courtyard may have an additional wall sign. The maximum size for eithe r of these signs shall not exceed three percent of the applicable wall area. (7) A business may have an additional sign, perpendicular to the wall, with a maximum sign area size of four square feet. (8) A portion of the wall sign can be placed on an overhang or a canopy. (c) Other signage. (1) Permanent and temporary signs in windows shall not exceed 20 percent of each window, and shall not block visibility from outside the store. No window signs are allow ed in clerestory windows. In no case shall window signs exceed 10 percent of the total wall area of the applicable elevation. Internally illuminated window signs are prohibited. (2) A business may have one sandwich board sign. Sign shall be: Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 39 a. Single or double faced. b. Metal or wood framed (no plastic). c. Black or green, chalkboard type. d. Location shall be ADA compliant (minimum 36 inches from the building); no more than ten feet from building. e. Not allowed to impede pedestrian or vehicular traffic . f. Not placed in tree island or landscape strip. g. Max height of four feet, six square feet per panel. h. Brought inside at the close of business. (d) Sign structure colors. Permitted colors for Birmingham Crossroads sign structures are limited to those listed below. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 4975 2C-7C 553 289C 5363 3316 539 401-405C 548 407-412C 5467 412C 5743U 415-419C 5747U 423C 5757U 424-425C 5773U 448-450C 5815U RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 40 4485U 5835U 4495C 625U 451C 627U 4505C Warm Grey 5-7C 4515-4525C Warm Grey 8-11 455C 462U 464U 476U 478U 484C 491C (e) The following types of signs are prohibited: (1) Pylon, pole, lollypop, projecting signs. (2) Monument signs. (3) Roof, marquee signs. (4) Electronic or manual reader boards, changeable copy signs. (5) Any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated. (6) Portable signs, excluding sandwich signs. (7) Posters, placards. (8) Internally illuminated wall signs. _____ RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 41 BIRMINGHAM CROSSROADS OVERLAY DISTRICT MAP. (Ord. No. 12-02-128, § 1, 2-22-2012) _____ DIVISION 5. - OTHER SIGN REQUIREMENTS Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 42 Sec. 64-2327. - Master signage plan. (a) Purpose. (1) A master signage plan is an administrative permit which establishes standards (size, design, location, etc.) for all exterior signs associated with a multitenant or multibuilding development. The master signage plan shall ensure long term aesthetic compati bility of signage throughout the development. The requirement of this section shall be in addition to the overlay signage requirements of the City of Milton. In the event of any conflict between this section and the overlay signage requirements, this section shall prevail. (2) The goal of a master signage plan is to: a. Adequately and effectively communicate business identity and type to the public; b. Promote consistency among signs within a development, thus creating visual harmony between signs, buildings, landscaping and other components of the property; c. Enhance the compatibility of signs with the architectural and site design features within a development; d. Encourage signage that is in character with planned and existing uses, thus creating a unique sense of place; e. Protect the community from sign clutter and visual blight resulting from excessive and redundant signs. (b) Applicability. (1) A master signage plan is required for all new developments and newly zoned multiple tenant, commercial buildings, all multi building or multi occupant commercial or office developments, all mixed use developments, single-family and multifamily developments. (c) Approval authority. (1) A master signage plan for a property that is undeveloped and does not require rezoning, shall be reviewed by the City of Milton Department of Community Development as part of the site plan review process, and must be approved by the director. If the property requires rezoning or a use permit, it shall be reviewed as part of the rezoning/use permits process, and must be approved by the mayor and city council. A separate sign permit will be required for all nonexempt signs (as indicated in the City of Milton Sign Ordinance). (2) The master signage plan shall utilize the types of signs described in this section to create a harmonious, consistent system of signage that improves the public safety within the development. (d) Application requirements. (1) A master signage plan application shall be a written and/or illustrated document to depict the proposed signs, which shall include the following: a. Proposed sign palette, which may include: 1. Entryway signs. 2. Primary multitenant freestanding signs. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 43 3. Secondary multitenant freestanding signs. 4. Single tenant/outparcel freestanding signs. 5. Office/industrial park project freestanding signs. 6. Residential development freestanding signs. 7. Secondary residential development freestanding signs. 8. Tenant directory freestanding signs. 9. Tenant directory wall signs. 10. Directional freestanding signs. 11. Temporary standard informational signs. 12. Real estate signs. 13. Temporary banners. 14. Signs during construction. 15. Wall signs. 16. Shingle/blade signs. 17. Window signs/graphics. 18. Awning/canopy signs. 19. Tenant informational signs. b. Site plan, drawn to scale, of the entire development/area showing the location of all proposed signs included in the sign palette; c. Size and number of all proposed signs, including maximum area, letter height, number height, etc.; d. Color and style palette for all signs, including context of where signs are to be placed on any given façade; e. Type of illumination proposed (external, internal, etc.); f. Landscaping and/or ornamental structures including fences, fountains, public art, ground cover and other landscaping elements that are intended to complement the proposed sign palette and design; g. Site location map; h. Photos of property as it appears from the street; i. Any other information reasonably required by the director. (e) Design guidelines. (1) The following sign design guidelines are designed to help ensure quality signs that communicate their message in a clear fashion. Because not all design criteria may be workable or appropriate for each sign or project, the director or mayor and city counci l may allow deviation from the design guidelines in their application to specific signs or projects, where the proposed master signage plan creates a harmonious, consistent system of signage that improves the public safety within the development. The follo wing subsections provide examples of acceptable forms of signage. Pictures are not to scale. _____ RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 44 (2) Signs by type: a. Entryway signs. Entryway signs mean ground signs which are placed on the perimeter of a mixed use development, community or area. Such signs may flank both sides of the entrance and may include ground or landscape wall sign types. An entryway sign may identify the name of the community and/or interior businesses or communities. b. Primary multitenant freestanding signs. Primary multitenant freestanding signs means freestanding signs located on a multitenant site, and which are orientated to be visible from the road. Primary multitenant freestanding signs may provide formal identification of the entire project to arterial traffic. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 45 Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 46 c. Secondary multitenant freestanding signs. Secondary multitenant freestanding signs means freestanding signs located on a corner lot, on a multitenant site, and which are orientated to be visible from the road. Secondary multitenant freestanding signs may provide formal identification of the entire project or one or some of the project's tenants. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 47 d. Single tenant/outparcel freestanding signs. Single tenant/outparcel freestanding signs means signs located on single tenant sites and outparcels, and which are orientated to be visible from the road. Single tenant/outparcel freestanding signs may provide formal identification of the business located on the site. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 48 Field Code Changed Field Code Changed Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 49 e. Office /industrial park project identification freestanding signs. Office/industrial park project identification freestanding signs means freestanding signs which are located at the entrance to a platted office or industrial park. Office/industrial park project identification freestanding signs may identify the platted name of the office or industrial park. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 50 Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 51 f. Residential development freestanding signs. Residential development freestanding signs means freestanding signs located at the entrance to a residential development. Residential development freestanding signs may identify the name of a single family, townhome or apartment development. Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 52 Field Code Changed Field Code Changed Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 53 Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 54 g. Secondary residential development freestanding signs. Secondary residential development freestanding signs means pillar type freestanding signs which are located at different phases within a residential development, or at the entrance to an amenity area within a residential development. A secondary residential development freestanding sign may indicate the name of the phase or unit within a single -family or townhome residential development. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 55 h. Tenant directory freestanding signs. Tenant directory freestanding signs means ground signs which are placed internal to the development or community, and cannot be read from the right-of-way. They may provide a listing of the names of businesses, activities, addresses, locations, uses or places within a building or complex of buildings for the purpose of identification. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 56 Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 57 i. Tenant directory wall signs. Tenant directory wall signs means signs which are placed internal to the development or community, and are not intended t o be read from the right- of-way. These signs may provide a listing of the names of businesses, activities, addresses, locations, uses or places within a building or complex of buildings for the purpose of identification. Tenant directory wall signs shall h ave a maximum size of 12 square feet. Field Code Changed Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 58 j. Directional freestanding signs. Directional freestanding signs means signs used at driveways to improve public safety and to enhance public access to the site from public streets. These signs may be used to direct pedestrian or vehicular traffic on a parcel. If lighted, directional freestanding signs shall be externally illuminated. These signs shall have a maximum height of three feet. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 59 Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 60 k. Temporary standard informational signs. Temporary standard informational signs means signs located on private property, with an area of not greater than four square feet, with a sign face made for short-term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater than five feet and are mounted on a stake or metal frame with a thickness or diameter not greater than 1½ inches. There shall be no more than three temporary standard informational signs per residential lot, and no more than one per commercial lot. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 61 l. Sandwich boards. Sandwich boards means A-frame signs with a black or green chalkboard type face, with a wood frame. The maximum height of sandwich boards shall be four feet, with a maximum sign face of six square feet per panel. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 62 m. Temporary freestanding signs. Temporary freestanding signs means signs which are erected while a tenant space, building or vacant lot is currently for sale, lease or rent. A property or space for sale or lease is allowed one temporary freestanding sign per road frontage. On major roads, as defined in section 64 -2303, temporary freestanding signs are allowed to be a maximum of nine square feet in size, while such signs are allowed to be a maximum of six square feet in size on all other roads. Temporary freestanding signs shall have a maximum height of nine feet. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 63 Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 64 n. Temporary banners. Temporary banners means signs, other than flags, with or without characters, letters, illustrations or ornamentation applied to cloth, paper, vinyl or fabric that are intended to be hung either with a frame or without a frame. Neither flags nor ca nopy signs are considered banners. (Canopy signs are counted toward wall signage). Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 65 Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 66 o. Signs during construction. Signs during construction means temporary, freestanding signs that shall be allowed beginning with the commencement of construction and ending with the issuance of the last certificate of occupancy, or two years, whichever one shall first occur. Thereafter, the permittee may reapply for a renewal permit subject to same termination conditions as above. If lighted, the sign shall be externally illuminated. Signs during construction are allowed to be a maximum of 12 square feet, with a maximum height of five feet. p. Wall signs. Wall signs means any signs attached parallel to a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface. Wall signs shall be flush with the wall, building, or structure to which it is mounted or affixed, except as otherwise set forth herein. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 67 Field Code Changed Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 68 q. Shingle/blade signs. Shingle/blade signs means signs suspended from a roof overhang of a covered porch or walkway or attached to a building wall fascia, which may, for example, identify the tenant of the adjacent space. These signs shall be installed perpendicular to the wall. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 69 r. Window signs/graphics. Window sign/graphics means any sign, cut -out letters, painted text or graphics, window film, or other text or visual presentation that is affixed to the interior or exterior of the window or window panes, or within five feet of the interior of the window or window panes and is visible from the exterior of the structure. Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 70 Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 71 s. Awning/canopy signs. Awning/canopy signs means any sign that is a part of, or attached to, an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. The term "awning/canopy sign" does not include a marquee. Awning/canopy signs may be substituted for monument or wall signs. If substituted, they shall be included in the maximum size calculations. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 72 t. Tenant informational signs. Tenant informational signs means wall or ground signs intended primarily for the convenience of the public or to ensure the orderly operation of the site, that may include, for example, signs designating restrooms, address numbers, public telephone and instructions regarding parking. Each tenant informational sign shall be a maximum of 12 square feet, with no single sign greater than four square feet. Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 73 Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 74 _____ u. Prohibited signs. The following types of signs are prohibited in the Master signage plan: 1. Moving signs, sandwich boards and signs applied directly to sidewalk or curb, balloons, streamers or air or gas filled figures and other similar temporary signs (except where specifically allowed). 2. Beacons, search lights, laser lights or images (except where specifically allowed). Field Code Changed Field Code Changed RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 75 3. Audible signs. 4. Signs in right-of-way, other than those belonging to a government, public service agency, or railroad. 5. Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or traffic control box and cell towers. 6. Roof signs, Marquee signs 7. Portable signs, except that signs posted in the window of a vehicle, totaling one square foot, shall be permitted, unless the vehicle is parked within a nonresidential district or AG-1 (Agricultural) developed with a nonresidential use, with the intent to sell that vehicle. 8. Obscene signs. 9. Illegal activity signs. 10. Signs not maintained. 11. Animated signs, flashing signs, rotating signs, and changeable copy signs. 12. Imitation traffic signs. 13. Graffiti. 14. Sign kiosks. 15. Signs attached to or painted on natural objects. 16. Temporary signs and banners attached to fences or walls (except where specifically allowed). 17. Internally illuminated window signs, including neon, except as allowed in subsections 64-2324(n) and 64-2325(c). 18. Signs in landscape strip unless approved by the city arborist. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2328. - Reserved. DIVISION 6. - VIOLATIONS AND PENALTIES Sec. 64-2329. - Violations; penalties. (a) Noncompliance. No person shall erect or allow to be erected on any premises owned or controlled by that person any sign which does not comply with the standards of this article. (b) Dangerous or defective condition. No person shall maintain or allow to be maintained on any premises owned or controlled by that person any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the permittee of the sign, the owner of the pr emises, or as otherwise provided for in this article. (c) Separate violation. Each sign installed, created, erected or maintained in violation of this article, and any sign allowed to be so installed, created, erected or maintained, shall be considered a separate violation when applying the penalty portions herein. RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 76 (d) Public nuisance. Any violation of this article is hereby declared to be a public nuisance. (e) Penalties. In the event of a violation of any violation of this article, the city shall be en titled to pursue any one or more of the following remedies: suspension of the sign permit in accordance with subsection 64-2330(a), revocation of the sign permit in accordance with subsection 64 -2330(b), termination of the sign permit in accordance with su bsection 64-2330(c), citation in accordance with subsection 64-2330(d), injunctive relief in accordance with subsection 64 -2330(e) and removal of the sign in accordance with subsection 64 -2330(f). (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2330. - Suspension; revocation, termination, citation, removal. (a) Suspension. (1) If a sign permit was issued by the city in error, the permit is void ab initio. Immediately upon discovery of facts suggesting that a permit was issued in error, the director shall su spend the permit and give notice to the permittee of the suspension. The notice shall advise the permittee of the determination that the permit was issued in error, the permit has been suspended, the reason(s) for the suspension, and that the permittee sha ll have 30 days to appeal the determination that the permit was issued in error pursuant to the procedures for appeals of administrative decisions. (2) No work shall be performed pursuant to any sign permit while such permit is suspended. (3) If no appeal is filed within 30 days from the date of the notice, the permit shall be deemed revoked. (4) Notwithstanding any provisions in the zoning ordinance to the contrary, if a final decision on an appeal of a sign permit suspension decision is not rendered wit hin 60 days after the filing of a completed application for appeal of the decision to suspend the sign permit, the decision to suspend the permit shall be deemed reversed and the sign permit shall be reinstated upon request of the applicant. (b) Revocation. (1) a. Prior to the initiation of work pursuant to a sign permit issued by the city, should it be determined that the sign permit was issued pursuant to an application containing a false material statement or omission, the director shall revoke said pe rmit and the subject sign shall not be entitled to be erected. b. A revocation pursuant to this subsection shall be appealable pursuant to the procedures for appeals of administrative decisions outlined in this zoning ordinance. Notwithstanding any provisions in the zoning ordinance to the contrary, if a final decision o n an appeal of a sign permit revocation decision is not rendered within 60 days after the filing of a completed application for appeal of the decision to revoke the sign permit, the decision to revoke the permit shall be deemed reversed and the sign permit shall be reinstated upon request of the applicant. (2) After the initiation of work pursuant to a sign permit issued by the city, should it be determined that the sign permit was issued pursuant to an application containing a false material statement or omission, the director shall issue a stop work order on the erection of the sign and submit a recommendation to the mayor and city council that the permit be revoked. The mayor and city council shall then conduct a revocation hearing in accordance with sec tion 64-2332, below. (c) Termination. A violation of any provision of this article once initiation of work pursuant to a sign permit issued by the city has begun shall be grounds for termination of the permit. No permit shall be RZ15-27 - Prepared for Mayor and City Council Meeting on December 21, 2015 (First Presentation – December 7, Work Session December 14) 12/3/201512/3/201512/3/2015 (Red lines indicate attorney changes – Highlighted are Staff changes- Comments indicate Planning Commission Recommendations) Page 77 terminated and until after the permittee is granted a public hearing as set forth in section 64 -2332, below. (d) Citation. If any sign or other device covered by this article is erected, constructed, altered, converted or used in violation of any provision of this article, the dir ector may issue a citation. Any violation of this article shall be an offense, and the violator shall be subject to a fine of up to $1,000.00 per day or imprisonment for up to 60 days, or by both such fine and imprisonment. The citation shall be prosecuted subject to the same procedures established for violations of this zoning ordinance. (e) Injunction. If any sign or other device covered by this article is found to be in violation of this article after a public hearing conducted in accordance with section 64-2332, below, the city may seek an injunction against the continuing violation or take other appropriate action to prevent such unlawful erection, construction, alteration, conversion or use to correct or abate such violation. (f) Removal. (1) If any sign or other device covered by this article is found to be in violation of this article after a public hearing conducted in accordance with section 64 -2331, below, the city may order the removal of the sign by written notice to the permit holder; or if t here is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the sign erector and any party that procured the erection of the sign. If a permit has been issued, such notice shall operate to revoke the permit. (2) Procedure following removal order. If the sign is not removed within the time allowable pursuant to the city's written notice ordering removal pursuant to section 64 -2331 the city may remove or cause to be removed the sign and colle ct the costs therefore from the permit holder, the owner of the sign, the sign erector, any party that procured the erections of the sign, or the owner of the property on which the sign is located. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2331. - Notice. The director shall give the holder of a sign permit at least 14 calendar days' written notice of any public hearing with respect to the termination of the sign permit, unless the urgency of the particular situation resulting in the hearing and the pra ctical considerations of completing measures to comport with the standards of this article reasonably justify less notice in order to protect the public health, safety and welfare. The notice shall include the date of the hearing; the violations alleged to have occurred that will be the subject of the public hearing, and the relief to be considered by the city council. The notice shall advise the permittee of the time and place of the hearing, their right to appear at the hearing and to contest the violation and proposed relief. Upon notification by the director of a sign or other device covered by this article being in violation of this article, the city council shall schedule a public hearing at its next available regular meeting whereby the holder of the sign permit for the sign or device that is in violation can receive notice in compliance with subsection 64-2330(c), above. At the public hearing the council shall consider whether to terminate the permit and require such other relief as may be necessary to protect the public health, safety, and welfare. The hearing shall be conducted in accordance with the minimum requirements for public hearings as set forth in the Georgia Zoning Procedures Law (O.C.G.A. § 36 -66-1 et seq.). (Ord. No. 12-02-128, § 1, 2-22-2012) Secs. 64-2332—64-2345. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-27 AN ORDINANCE TO AMEND THE SIGNS, ARTICLE XVI OF THE 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 December 21, 2015 6:00 p.m. as follows: SECTION 1. That the attached amendments to Article XVI 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 21st day of December, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk F,1 HOME OF' -�E BEST QUALITY C)F C)FORGIA' MILTON*1 ESTABLISHED 2W6 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Create a Conservation Subdivision - Chapter 50, Article V of the City Code of Milton MEETING DATE: Monday, December 7, 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: OYES () NO CITY ATTORNEY REVIEW REQUIRED: V YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: ! 2'0 7 t S REMARKS 44 © -* You(nr * Or * PHONE: 678.242.2500 FAX: 678.242.2499 Green � +artified; Logtoo C'ILS' „1 1nfo@cityofmi1tonga.us I www.cityofm11tonga.us IIS Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004��� To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted November 10, 2015 for December 7, 2015 Mayor and City Council Meeting (First Presentation – November 16, 2015) Re: Consideration of an Ordinance to Create a Conservation Subdivision – Chapter 50, Article V of the City Code of Milton. Executive Summary: The Community Development Department initiated the creation of a Conservation Subdivision Ordinance (within Chapter 50, Subdivisions, of the City Code) to provide another tool within the “tool box” for development within the City. The Ordinance was recommended by Professor Tom Daniels of the University of Pennsylvania who authored the “City of Milton Conservation Plan” in September of 2014. The creation of a Conservation Subdivision Ordinance was recommended as one of many methods to conserve land within the City. The process began with Randall Arendt, an expert in conservation subdivision ordinances, conducting a Lecture and Design Workshop on October 13, 2014. Additional meetings and work sessions were held as listed below: Town Hall Meeting – December 11, 2014 Community Zoning Information Meeting – January 27, and March 24, 2015 Planning Commission Work Session – April 22, 2015 Planning Commission sponsored Public Meetings – May 20, May 30, and June 10, 2015 Planning Commission Meeting with Public Hearing – June 24, 2015 First Presentation at July 6, 2015 Regular Council Meeting) Discussed at July 13, 2015 City Council Work Session) Discussed at July 20, 2015 Regular City Council Meeting and Deferred to September 21, 2015 Regular City Council Meeting Discussed at August 20, 2015 Special Called Work Session) Postponed at the September 14, 2015 Special Called Meeting) 2 Published on 9/21/2015 Regular City Council Meeting Agenda but not discussed These meetings were well attended by the public and other interested parties with between 50 and 75 people at each of the meetings. The proposed Conservation Subdivision Ordinance (CSO) was written by Mr. Don Broussard of Town Planning & Design, LLC based on staff input, community stakeholders, developers, builders, and other government agencies such as the Georgia Department of Natural Resources, Environmental Protection Division. Staff has received a large amount of input from the community regarding the proposed CSO. Mr. Don Broussard presented the ordinance at the June 24, 2015 Planning Commission. There were approximately 13 speakers who voiced their opinions and concerns regarding the CSO. After hearing from the public and deliberating on the proposed ordinance, the Planning Commission stated unanimously that it was not the right time to recommend approval of a CSO. The Planning Commission further asked that Staff explore amending the AG-1 (Agricultural) district to further assist in the conservation of land within the City. Therefore, the Planning Commission recommended denial of the proposed CSO in a 6-0 vote. 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, deny, or withdraw it entirely. Legal Review: Ken Jarrard and Paul Frickey - Jarrard & Davis (June and September, 2015) Concurrent Review: Community Development and Public Works Staff and Milton Grows Green Attachment(s): Text Amendment and Ordinance for Chapter 50, Article V 12/3/201512/3/201512/1/2015 1 ARTICLE V. – CONSERVATION SUBDIVISION Sec. 50-137. Definitions. Estate lot – a lot with a minimum area of 3 acres that is intended for one principal single-family detached dwelling and may include accessory dwellings and in which a minimum of 50% of the lot area is protected by a conservation easement and no further subdivision of the lot is permitted. Estate lots are a technique for owning and maintaining green space in non-common ownership. House site, means the approximate foot print of an existing or proposed residential building within the buildable area of a lot. Prime farmland means the land best suited to producing food, feed, forage, fiber and oilseed crops as defined in the Soil Survey of Fulton County Georgia (published by the USDA and UGA College of Agriculture Agric. Experiment Station). Prime farmland can now be in cropland, pastureland, woodland or other land uses but not in urban land, built-up land, or in water areas. It is either currently used for producing food or fiber or is available for these uses. Primary Conservation Area means all 100-year regulatory floodplains, wetlands as defined by the US Army Corps of Engineers pursuant to the Clean Water Act, and steep slopes greater than 25 percent gradient on a development parcel. Secondary Conservation Area means lands or structures that are set aside as permanent green space land on a development parcel, excluding Primary Conservation Areas. Subdivision, Conservation means a subdivision that employs the development standards and design principles in chapter 50, article V of the subdivision regulations and in particular, any subdivision which reduces lot sizes in order to provide common area green space that is permanently protected by conservation easement. ”Conservation Subdivision” depending upon the context may refer to the aggregate of lots created in such a development or to the act or process of designing such a development. Subdivision, Major means a subdivision not classified as minor subdivisions, including but not limited to subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extensions of the local government facilities or the creation of any public improvements. Buffer, tree save means an area of land of required width in which all existing trees greater than 2 inches diameter at breast height (DBH) are to remain undisturbed except as provided. 12/3/201512/3/201512/1/2015 2 Sec. 50-138. Purpose. The purpose of this article is to provide additional flexibility in subdivision design to ensure preservation of green space and to promote and protect the rural character of Milton in those areas and districts so designated in the comprehensive plan and the zoning regulations. The purpose and intent of the Conservation Subdivision regulations also includes the following: A. To implement the Comprehensive Plan and the Conservation Plan (dated 2014) of the City of Milton as adopted and to maintain the low-density and rural character of those areas so designated in those policy documents. B. Prevent flooding, erosion, and water pollution, and protect the quality and quantity of drinking water by providing permanent green space as a measure for nonstructural control of storm water runoff in the watershed of the Little River, a tributary of the Etowah River, and in the watersheds of other streams within the city by preventing over-development. C. To protect those areas of the municipality with prime agricultural soils for their continued or future agricultural use by conserving blocks of land large enough for efficient farm operations. D. To provide green space suitable for raising and keeping horses, for equestrian sports and training, and for riding trails. E. To conserve scenic terrain, natural beauty, and designated view sheds. to create scenic views by reducing the perception of density and maximizing the number of dwellings with direct access to and views of green space. F. To reduce soil erosion and sedimentation by minimizing land disturbance and minimizing the removal of vegetation in residential development. G. To encourage street designs that promote public safety by reducing traffic speeds and promote construction of roads, walks, bike paths, and riding trails within the Conservation Subdivision and that connect to neighboring communities, schools, and businesses to reduce reliance on auto travel and major arterial roads. H. To preserve native vegetation, aquatic and terrestrial wildlife habitat by providing interconnected greenways contiguous to green space in adjacent areas and jurisdictions to enable the safe movement and migration of wildlife. I. Conserve sites of historic, cultural, architectural, or archeological value by placing those sites in green space. J. Promote a less sprawling form of development within the tract proposed for subdivision that encourages a sense of community by providing parks and community facilities that serve as focal points and public gathering places in the neighborhood. 12/3/201512/3/201512/1/2015 3 Sec. 50- 139. Applicability of Regulations. A. In General Conservation Subdivisions may be approved in any zoning district designated for single-family dwellings. Within the AG-1, R-1, and R-2 zoning districts Conservation Subdivision shall be the preferred method of subdivision. Applicants for Conservation Subdivision shall comply with all other provisions of the zoning ordinance (Chapter 64 of the City Code) and all other applicable ordinances and regulations except those in conflict with the provisions contained herein. B. Options for Major Subdivisions in AG-1, R-1, and R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, and R-5A Zoning Districts In all AG-1, R-1, and R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, and R-5A zoning districts, Conservation Subdivision is the preferred method of subdivision of any tract of land greater than 20 acres in area except as provided in (c) and (d) below. If selected as an option, Conservation Subdivisions in AG-1, R-1, and R-2 zoning districts shall utilize one of the following three design options: 1. Basic conservation design. Basic Conservation Subdivision design provides for residential uses at a density no less than that permitted by the underlying zoning district at a base density of one dwelling per acre. Lands held in conservation easements or other like legal instruments, shall constitute a minimum of 50 % of the tract proposed for subdivision. The flexibly sized lots and layout are intended to work with a community wastewater treatment system located in the most favorable parts of the common area green space; and, with either a public water supply or individual water wells. 2. Estate design. Estate subdivision design provides for rural-suburban residential uses at a lower base density of one principal dwelling on no less than three (3) acres. Such lots may front on new or existing improved public roads or may front on unpaved roads as provided in Sec. 64-416(e). Estate lots shall provide sufficient area of adequate soils for the safe long-term use of conventional on-site septic systems. Estate lots provide adequate area for recreation uses such as swimming pools, tennis courts, decks, paved terraces and equestrian uses. Estate lots shall provide a conservation easement under Sec. 50-147 for 50% permanent green space within each lot to meet the rural character and view shed requirements and objectives of the city of Milton comprehensive plan and conservation plan. Estate lots shall reserve a minimum of 10% of their buildable area for outdoor recreation uses that include, but are not limited to, swimming pools, tennis courts, decks, paved terraces, agricultural out-buildings or equestrian uses. 3. Buffer design. Buffer design provides for subdivisions that are more suburban than rural in character. It allows lots with a minimum one-acre or more in area as needed to meet the dimension and area requirements of the Fulton County department of health for an on-site septic treatment system as required in Sec. 50-159 of the subdivision regulations and Sec. 64-51 of the zoning ordinance. Buffer subdivisions are not required to have 12/3/201512/3/201512/1/2015 4 green space protected by conservation easements but the lots shall meet increased buffer requirements in order to protect the rural view sheds of adjoining residential uses and to provide adequate natural undisturbed areas consistent with the comprehensive plan. Buffer subdivisions shall provide buffers within each lot that comply with Sec. 50-148 below. C. Use Permit for Conventional Subdivision Development For property with 20 acres or more within the AG-1, R-1 or R-2 zoning districts, an applicant may apply for a use permit per Sec. 64-1547 of the City Code that , if granted will authorize the existing subdivision under the AG-1, R-1, and R-2 zoning districts to develop any subdivision not falling under this Article V. D. Exemption for Large Tract Subdivisions All subdivisions of land zoned AG-1, R-1 or R-2 in which each lot proposed exceeds five (5) acres in lot area and in which no new roads are proposed shall not be subject to Conservation Subdivision design requirements unless the applicant chooses to employ the estate subdivision option. Sec. 50- 140. Submittal Requirements for Conservation Subdivisions. A. Application The application for Conservation Subdivision shall be executed by all property owners. B. Context Map A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For sites under 100 acres, such maps shall be at a scale not less than 1 inch = 200 feet and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1 inch = 400 feet, and shall show the above relationships within 2,000 feet of the site. The features shown on the context map shall include topography, streams, wetland areas, woodlands over one-half acre in area (obtained from aerial photos), ridge lines, public roads and trails as shown on USGS maps or comparable map sources. As an example, a Fulton County GIS map would be acceptable. C. Site Analysis Map The purpose of the site analysis map is to; a) familiarize City staff and officials with the existing and conditions found on and around the site; b) ensure that the important site features have been adequately identified prior to the creation of the subdivision design; and, c) ensure that the proposed green space will meet the requirements of this article. This map shall be submitted 12/3/201512/3/201512/1/2015 5 prior to the official site visit and shall form the basis for the development design shown on the conceptual plan. The site analysis map shall include the following features: 1. Property boundaries; 2. All streams (perennial and intermittent), rivers, lakes, 100-year floodplains and all required stream buffers; 3. Wetlands that meet the definition of the Army Corps of Engineers under the Clean Water Act; 4. Topographic contours of no greater than 10-foot intervals; 5. All Primary and Secondary Conservation Areas labeled by type, as described in this Article; 6. Vegetation characteristics; 7. Groundwater recharge areas; 8. Significant wildlife habitats, if known; 9. Historic, archeological, and cultural features; 10. Soil map as published by the USDA and the Natural Resources Conservation Service identifying all soils suitable and unsuitable for wastewater treatment and soils classified as prime farmlands; 11. Planned location of protected green space; 12. Existing roads and structures; 13. Potential connections with existing green space and trails; and 14. Identification of surrounding property characteristics and land use. D. Yield Plan The maximum number of lots in the basic Conservation Subdivision design option shall be based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots allowed under the underlying zoning classification. The yield plan is a sketch plan that is not required to meet the formal requirements for a subdivision concept plan, but shall be drawn to scale and reflect a viable build-out given site features and all zoning regulations applicable to a conventional subdivision. The yield plan shall identify the following elements: 1. Rights-of-way of existing public streets and highways, of existing private streets, and rights-of-way of utility lines whether public or private; 12/3/201512/3/201512/1/2015 6 2. 100-year floodplains; 3. Wetlands that meet the definition of the Army Corps of Engineers under the Clean Water Act; 4. Steep slopes over 25% of at least 5000 square feet contiguous area; 5. Bodies of open water over 5,000 square feet in contiguous area; 6. Extensive rock out-crops; 7. Anticipated right-of-way needs for roads; 8. Areas needed for storm water detention; 9. All proposed lots, their areas, width and frontage; and 10. Topographic contours at 10-foot intervals minimum. E. Sketch Plan A sketch plan of the proposed design may be submitted (see: Sec. 50-140 (d)) by the applicant as a diagrammatic basis for discussion and review to the staff, the Planning Commission, and City Council. Applicants are encouraged to submit a sketch plan. However, the sketch plan is not a formal filing for conceptual plan approval. The sketch plan may be prepared as a simple overlay sheet placed on top of the existing resources map. The sketch plan consists of the following information and elements: 1. Name and address of the legal owner, the equitable owner, and / or the applicant; 2. Name and address of the professional engineer, surveyor, planner, architect, landscape architect, or the site designer responsible for preparing the plan; 3. Graphic scale not greater than 1 inch = 200 feet, (however, dimensions on plan need not be exact) and north arrow; 4. Approximate tract boundaries, sufficient to locate the tract on a map of the community; 5. Location map; 6. Zoning district; 7. Streets existing and proposed both on-site and adjacent; 8. 100-year floodplains. Wetlands that meet the definition of the Army Corps of Engineers under the Clean Water Act required stream buffers; 9. Topographic contours at minimum 10-foot intervals; 12/3/201512/3/201512/1/2015 7 10. Schematic layout (bubble format is acceptable) identifying areas for development and areas for conservation; 11. Proposed general street and lot layout; and 12. General description of proposed method of water supply, waste water treatment, and storm water management and a schematic layout identifying any proposed drain field locations for wastewater treatment. Sec. 50- 141. Procedure for Review and Approval. A. Pre-Application Meeting A pre-application meeting is required between the applicant, the site designer and the planning staff. The purpose of the pre-application meeting is to review the City’s zoning and subdivision regulations and procedures, to discuss the applicant’s objectives for the site and to schedule site visits, additional meetings, and plan submissions. Applicants must present the context map at this meeting. B. Review of Site Analysis Map Prior to the site visit required in paragraph (c) below, the site analysis map shall be submitted for review to the Director of Community Development and the Director of Public Works. If the site analysis map is found to be incomplete, the reviewer shall provide, in writing, a description of the incomplete or inadequate features required under Sec. 50-139c. The site visit shall be scheduled when adequate changes are made. C. Planning Site Visit The purpose of the site visit is to familiarize local officials, as defined in this paragraph, with the property’s existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of green space and potential locations for proposed buildings and street alignments. The applicant shall schedule a planning site visit to the subject property to obtain advice and assistance prior to preparing a final concept plan of the subdivision for submittal. The site visit shall occur at the site of the proposed Conservation Subdivision, and shall be attended by the applicant, the applicant's designer, community development staff, public works staff, the city arborist, and at least one but no more than three members of the Planning Commission, and at least one but no more than three members of the City Council. The City Manager shall be notified of the date, time and location for the planning site visit and may also attend. A representative from any qualified land trust of the applicant's choosing that is active in the protection of land in the state of Georgia may also be invited to attend the planning site visit. Attendance by abutting residents is encouraged but is at the discretion and invitation of the applicant owner of the property. Non- attendance at the site visit by the Planning Commission or City Council shall not invalidate any portion of the process. 12/3/201512/3/201512/1/2015 8 The applicant shall distribute copies of the context map and the site analysis map at this on-site meeting. One or more sketch plans, if prepared by the site designer, may also be discussed and reviewed. D. Sketch Plan Submission A sketch plan may be submitted as a diagrammatic basis for informal discussion with the planning officials regarding the design of a proposed subdivision or land development. The purpose of a sketch plan is to provide a mechanism to help applicants and local officials develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features while providing for the density permitted under the zoning ordinance as determined by the yield plan. E. Elevation Drawings The director of community development, the Planning Commission, or the City Council may require submittal of architectural drawings depicting the view of the proposed Conservation Subdivision from any existing or proposed public right of way from which it may be seen. The elevation drawings shall be at an appropriate scale either from an oblique or bird's-eye view or from a view at eye-level. The drawings shall depict proposed dwellings and other structures, green space and the proposed landscape form so that the staff, the City Council, and the public may evaluate the impact and appearance of the project from the public ways of the city. Sec. 50- 142. Four Step Design Process for Conservation Subdivision. All conceptual plans for Conservation Subdivision (basic conservation design, estate design, and buffer design) shall document completion of a four step design process in determining the layout of proposed green space lands, buffers, house sites, streets, and lot lines as described below. A. Step 1: Delineation of Green Space Lands The minimum percentage and acreage of required green space lands shall be calculated by the applicant and submitted as part of the Sketch Plan or Conceptual Plan in accordance with this ordinance. Proposed green space lands shall be designated using the site analysis map as a base map. Green space shall include all Primary Conservation areas and those parts of the Secondary Conservation areas required to be included, as defined herein, and otherwise buildable lands if needed to meet the terms of this ordinance. In delineating Secondary Conservation Areas, the applicant shall consult with Community Development staff on the prioritization of natural and cultural resources on the tract in terms of highest to lowest suitability for inclusion in the proposed green space. Prioritization shall consider the tract’s configuration, its relation to resource areas on neighboring properties, and the applicant’s own subdivision objectives. 12/3/201512/3/201512/1/2015 9 Secondary Conservation Areas shall be delineated within the proposed green space using those priorities to meet at least the minimum area percentage requirements for green space lands and in a manner clearly indicating their boundaries and the types of resources included. B. Step 2: Location of House Sites Potential house sites shall be tentatively located using the proposed green space lands as a guide as well as other relevant data on the site analysis map such as topography and soils. House sites shall be located not closer than 50 feet from Primary Conservation Areas and Secondary Conservation Areas. C. Step 3: Alignment of Streets and Trails Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards for road design in Chapter 48 and in Chapter 50 of the City of Milton Code of Ordinances and bearing a logical relationship to topographic conditions. D. Step 4: Establishing Lot Lines Upon completion of the preceding three steps, lot lines shall be drawn as required to delineate the boundaries of individual residential lots. Lot lines are drawn as the last step. Lots shall be regular in shape and have the minimum street frontage required by zoning or as provided in these regulations. Reverse frontage lots are prohibited. Sec. 50- 143. Conceptual Plan. After completing the four-step design process, the design shall be consolidated into a proposed conceptual plan for the subdivision. At least one copy of the proposed conceptual plan shall be reproduced at the same scale and size as the site analysis map and on transparent or translucent material so that it may be over-laid upon the site analysis map for accurate comparison. Additional digital copies of the overlay may be required for the City Council members and shall be at a suitable scale and detail to be clearly read. The conceptual plan shall contain the following information, elements, and format: A. Name and address of the legal owner, the equitable owner, and the developer applicant; B. Name and address of the professional engineer, land surveyor, architect, landscape architect, or the site designer responsible for preparing the plan; C. Graphic scale not greater than 1 inch = 200 feet, and north arrow; D. Approximate tract boundaries, adequate benchmarks sufficient to locate the tract on a map of the community and on the state coordinate system; 12/3/201512/3/201512/1/2015 10 E. Location map; F. Zoning district and district boundaries on the site; G. Streets existing and proposed both on-site and adjacent; H. Streams, stream buffers, and bodies of water, 100-year floodplains, wetlands meeting US Army Corps of Engineers definition under the Clean Water Act; I. Topographic contours at minimum 5-foot intervals; J. Areas designated for conservation and any areas designated for phased development; K. Proposed lot layout and lot areas in square feet; L. Location and description of all existing and proposed structures within green space areas; M. Description of proposed methods of water supply, wastewater treatment, and storm water management including locations for proposed water wells, wastewater treatment facilities and drain field locations; and N. Locations of all required tree save buffers (show on a separate sheet). Sec. 50- 144. Hearings and City Council Approval Required. A. Public Hearings by Planning Commission and City Council Official submittal of a proposed conceptual plan for approval shall include all required accompanying material including any approved permits or permit applications for wastewater treatment. Upon receipt of a complete submittal, the chair of the Planning Commission shall call a public hearing before the Planning Commission to be held no more than four weeks after the date of the completed application. The chair shall call a special meeting of the Planning Commission if necessary. The Director of Community Development shall then set a date for public hearing before the City Council at the next regularly scheduled meeting subsequent to the Planning Commission public hearing except that the date shall be sufficient for the Planning Commission’s recommendation to be conveyed to the City Council. The Director of Community Development shall submit a notice for publication in one newspaper of general circulation to be published at least 15 days prior to the Planning Commission public hearing and mail a notice of both public hearings to all property owners as specified in the zoning regulations. The director shall maintain file copies of the conceptual plan and supporting plans and documents for public review prior to the hearings. The Director of Community Development shall furnish one sign poster per public road frontage to the applicant to be posted by the applicant on each public road in visible locations that adjoin the proposed subdivision property at least 10 days prior to the first public hearing indicating the date, time and place of both public hearings. At the time of the first public hearing, the applicant shall submit an affidavit stating that the applicant has placed the sign poster provided by the Director of Community Development at the locations required above. 12/3/201512/3/201512/1/2015 11 The Planning Commission shall review the conceptual plan, yield plan and, site analysis map, and may also review other plans and documents, the report of the Director of Community Development and Director of Public Works, any municipal recommendations, and the testimony and exhibits submitted at the public hearing. The applicant shall be advised of any recommended changes to the proposed conceptual plan. The Planning Commission shall by majority vote recommend that the City Council approve, conditionally approve, or deny the conceptual plan. It shall transmit its specific recommendations for modification of the subdivision, if any, to the City Council for consideration. B. Approval by City Council 1. The City Council shall review the conceptual plan, yield plan, site analysis map, and may also review other plans and documents including all wastewater permits or applications, the report of the Director of Community Development and the Director of Public Works, any recommendations by the Planning Commission, and the testimony and exhibits submitted at the public hearings. The applicant shall be advised of any required changes and /or additions to the proposed conceptual plan. 2. The City Council shall consider whether the conceptual plan complies with all provisions of this article, of the subdivision regulations where applicable, the zoning ordinance, and all other applicable laws. In addition, the City Council shall consider whether: a. Provisions have been made for a water supply system sufficient in quantity, dependability, and quality for purposes of health, emergency, and adequate fire protection for the subdivision proposed; b. Adequate provision has been made for wastewater treatment and that such systems will comply with federal, state, and local laws and regulations; c. Adequate areas are allocated to meet the regulations for the long-term collection, management, and treatment of stormwater; d. Adequate safe access is provided to and within the subdivision meeting the standards of these regulations. Where the subdivision abuts a state designated highway, all applicable standards are followed, including the applicable rules of the Georgia Department of Transportation; e. The proposed subdivision is designed to permanently protect all resources designated as primary conservation areas and all those secondary conservation areas of value sufficient to be placed within permanent green space and that the proposed green space is adequate in area, dimensions, and quality sufficient to meet the requirements in these regulations; 12/3/201512/3/201512/1/2015 12 f. No platting of lots within the subdivision will create any non-conforming lots or increase the non-conformity of existing non-conforming lots on property either within or adjacent to the subdivision; and g. All historic buildings or resources have been adequately protected from negative impact from development of the Conservation Subdivision whether on or adjacent to the subdivision. 3. Before the Director of Community Development approves a conceptual plan showing park reservation or land for other local government or public use that is proposed to be dedicated to the city of Milton, the City Council shall grant approval of the park or land reservation. Any party claiming to be aggrieved by a decision of the City Council of this article may appeal to the Superior Court of Fulton County. Sec. 50- 145. Lot Design Standards. A. Lot Sizes The minimum allowable size for a buildable lot is 10,890 square feet (0.25 acre). There shall be no maximum lot size. B. Estate Lots Estate lots with a minimum area of three (3) acres in area may have one principal single-family dwelling, a guesthouse, and no more than two attached accessory dwellings. The accessory dwellings shall be attached to the principal dwelling by roofline, or by a breezeway or arcade and shall not exceed 860 sq. ft. in floor area each. Estate lots shall have a minimum of 50% of the lot area protected by a permanent conservation easement under Sec. 50-148. No further subdivision for residential purposes shall be permitted. The green space within such lots, though not owned in common, shall be counted toward satisfying the minimum green space requirement of the conservation subdivision. C. Double Frontage Lots Prohibited All lots shall front on and gain access from a public road. Houses shall front the direction of houses on adjoining lots. Double frontage lots (reverse frontage lots) shall be prohibited in all Conservation Subdivisions under this article except for estate lots where necessary. On estate lots with double frontage, a conservation easement covering 50% of the lot area and an easement prohibiting vehicular access to one of the frontages shall be placed on the conceptual plan and on the final plat. D. Area and Yard Requirements The design of all buildable lots shall comply with the table below. 12/3/201512/3/201512/1/2015 13 Lot Standards in AG-1 Conservation Subdivisions Basic Conservation Subdivision Estate Subdivisio n Buffer Subdivisio n AG-1 (refer to Sec. 64- 416) Cottage Lots Traditiona l Lots Large Lots Estate Lots Buffer Lots Lot Width - minimum 100 60 80 100 200 100 Minimum Lot Area 1 ac. on paved roads. 3 ac. on unpaved road 10,890 to 16, 000 s.f. 16,001 to 22,000 sf 22,001 sf to 2.999 acres 3 acres 1 acre Setbacks (min.) Front Yard 60 30 30 40 150 60 Side Yards Interior lot 25 10 10 20 50 25 Corner lot 40 30 30 40 150 60 Rear Yard 50 20 30 40 150 50 Minimum Public Road Frontage 35 35 35 35 50 35 E. Locations of Lots and Structures 1. House lots under basic conservation design shall not be located in any Primary Conservation Area. Any Secondary Conservation Areas not included in green space shall not be included within the buildable area of any lot. Estate lots may contain Primary Conservation and Secondary Conservation Areas but such areas shall not be included within the buildable area of any estate lot. 2. House lots shall generally be accessed from interior streets rather than from existing roads bordering the tract except that lots with a minimum one acre in area are permitted to front such existing roads. 12/3/201512/3/201512/1/2015 14 3. In the basic Conservation Subdivision option, at least three-quarters (3/4) of the house lots shall directly face, abut or be across a street from Primary or Secondary Conservation areas. 4. There shall be a minimum building separation requirement of 20 ft. between all principal buildings on adjoining lots. 5. Accessory buildings shall be placed in side or rear yards but shall not be placed within minimum required yards. Detached garage buildings shall be prohibited in front yards. 6. The final plat for a Conservation Subdivision shall display on each lot a buildable area sufficient to contain the proposed principal building, any proposed guesthouse, and any customary accessory structures. Sec. 50- 145. Green Space Standards. A. Green Space Required 1. Within a basic Conservation Subdivision and an estate subdivision, the minimum required green space shall be 50% of the gross tract area of the proposed Conservation Subdivision. 2. Green space shall consist of all Primary Conservation Areas, if any. Secondary Conservation Areas and lands that are otherwise considered buildable in a sufficient amount to meet the 50% minimum requirement. 3. To the extent practicable, green space shall be preserved in larger, contiguous tracts so as to provide uninterrupted habitat for plants and wildlife. The green space, to the extent practicable, should adjoin any neighboring areas of green space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected green space. B. Primary Conservation Areas Primary Conservation areas are lands that serve important ecological purposes and possess beneficial environmental qualities contributing to the health of the local community. All land identified as Primary Conservation Areas shall be undisturbed, except as provided herein. Primary Conservation Areas shall include: 1. The 100-year floodplain; 2. Riparian buffer zones of at least 75 ft. width on either side along all perennial streams and 25 ft. along intermittent streams; 12/3/201512/3/201512/1/2015 15 3. Riparian buffer zones of at least 75 ft. width on either side along the Little River Corridor; 4. Slopes above 25% of at least 5000 square feet contiguous area; 5. Wetlands that meet the definition of the Army Corps of Engineers under the Clean Water Act; and 6. Populations of endangered or threatened species, or habitat for such species. C. Secondary Conservation Areas The following are considered Secondary Conservation Areas and shall be protected to the maximum extent feasible in order to meet the minimum green space requirement: 1. Important historic sites subject to approval indicating that these structures are compatible with the City of Milton Zoning Ordinance; 2. Existing healthy, native forests of at least one acre contiguous area; 3. Individual existing healthy trees greater than 6-14 inches diameter at breast height (DBH), depending on species; 4. Significant natural features and scenic view sheds such as ridge lines, peaks, and rock outcroppings, in particular those that can be seen from public roads; 5. Prime agricultural lands, and farmland of statewide importance, as defined by the Natural Resource Conservation Service, of at least five acres contiguous area; 6. Existing trails that connect the tract to neighboring areas; 7. Archaeological sites, cemeteries, and burial grounds subject to the requirements of Article XVII Division 4 of the City of Milton Zoning Ordinance; and 8. Tree save buffers, minimum 50 feet in width, where required along the perimeter boundary of the Conservation Subdivision. D. Permitted Uses of Green Space Uses of green space include the following: 1. Conservation of natural, archeological, or historical resources; 2. Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented uses; 3. Walking or bicycle trails, provided they are constructed of permeable materials; 4. Passive recreation areas, such as open fields; 12/3/201512/3/201512/1/2015 16 5. Community gardens; 6. In AG-1 zoned green space: agriculture, horticulture, silviculture or pasture uses. Provides all applicable best management practices are used to minimize environmental impacts, such activities are not conducted within Primary Conservation Areas, and, no existing healthy, native forests of more than one contiguous acre are removed to allow for such activities; 7. In AG-1 zoned green space: equestrian paddocks, corrals, horse stables and barns, practice show rings, outdoor riding arenas, courses for show jumping, for dressage, or for cross-country riding, and their customary accessory uses provided that buildings used for housing animals must be set back at least 100 feet from all property lines; 8. Landscaped stormwater management facilities, nonstructural stormwater management practices and structural stormwater management practices that allow for infiltration, such as bio-retention areas; 9. Individual and community wastewater treatment systems, and their associated drain fields when located on soils particularly suited to such uses provided that such facilities shall be located outside of any Primary Conservation Areas; and 10. Easements for drainage, access, and underground utility lines. E. Prohibited Uses of Green Space Notwithstanding the uses permitted in sub-section (d), above, the following uses of green space are expressly prohibited: 1. Golf Courses; 2. Roads, parking lots, and impervious surfaces, except as specifically authorized in this article; 3. Agricultural and forestry activities not conducted according to accepted Best Management Practices; 4. Activities prohibited pursuant to a recorded legal instrument providing for permanent protection of the green space; and 5. Impoundments of water with a surface area in excess of 10 percent of the green space. 12/3/201512/3/201512/1/2015 17 Sec. 50- 146. Ownership, Preservation, and Maintenance of Green Space. A. Method of Preservation Green space shall be encumbered with an easement or like instrument and shall be preserved and maintained solely for the purposes specified in section 50-145. The method for effectuating such preservation and maintenance shall be one of the following: 1. Establishment of a homeowners association (HOA), to own and maintain the land in common for the green space purposes intended according to the following provisions: a. With their application for a permit to develop a Conservation Subdivision, developers will create and submit documentation detailing the minimum requirements, procedures, and structure for the HOA; b. The HOA will maintain, pay taxes, and own the green space; and c. The HOA will execute legally enforceable permanent conservation easement for the platted green space as described in subsection “B.1.” below. 2. Dedication of legally described and platted green space to the City of Milton shall be at the discretion of and approval by the City of Milton Mayor and City Council. 3. Conveyance of legally described and platted green space to a land trust established in compliance with the requirements of Georgia law for conservation purposes. B. Legal Instrument for Permanent Protection 1. Green space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed and which shall be a permanent conservation easement conforming to a form provided by the City, in favor of either: a. A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re-transfer in the event the organization becomes unable to carry out its functions; or b. A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance. If the entity accepting the easement is not the city of Milton, then a third right of enforcement favoring the city of Milton shall be included in the easement; or c. An equivalent legal tool that provides permanent protection if approved by the city attorney. 12/3/201512/3/201512/1/2015 18 2. All legal instruments used to permanently protect conservation areas platted within the Conservation Subdivision shall be executed by the owner and/or developer on behalf of the homeowners association and shall be approved by the City Attorney prior to approval of the final plat for the development. Upon approval of the final plat and the legal instruments for permanent protection of the conservation areas, the developer shall record said documents with the Clerk of the Superior Court’s office. The developer or his agent shall furnish all fees associated with the recordation of plats and legal instruments. Sec. 50- 147. Infrastructure Standards in Conservation Subdivisions. A. Roads and Streets 1. Roads within Conservation Subdivisions shall comply with the standards in the subdivision regulations of the city of Milton (Chap. 50) and in particular, comply with “Design Standards For Streets in Conservation Subdivisions” set forth in the standard details for land development activity. The design of streets within the Conservation Subdivision shall be reviewed and approved by the Director of Public Works prior to approval of a conceptual plan; 2. Cul-de-sac streets shall be permitted only if no other feasible street design is possible as determined by the Director of Public Works. The placement of half cul-de-sacs to accommodate changes in street alignment is prohibited. Alternatives to the cul de sac are: loop streets, loop lanes, single loaded streets and crescents as shown in the “Design Standards for Streets in Conservation Subdivisions”; 3. Turf, trees and other vegetation shall be used for the inner circle of turn-arounds, rather than paving the entire area. A note on the final plat shall declare the HOA responsible for the maintenance of such landscape areas; and 4. Where feasible, residential streets shall provide more than one entrance to the subdivision and interconnect with external or adjoining public streets. B. Trails Marked paths and trails shall be provided with improved surfaces of pervious materials as approved by the Director of Public Works for non-vehicular traffic within the development and connecting to neighboring residential and commercial areas. Such trails may be constructed within the buffer area provided such path or trail may be no wider than 8 feet. All clearing associated with the construction of such path shall be limited to 10 feet in width. Paths or trails within a perimeter buffer must be located within the first 25% of the buffer farthest from the exterior boundary line for the subdivision but in no event shall it be within 30 ft. of the exterior boundary line. 12/3/201512/3/201512/1/2015 19 C. Wastewater Utility Systems 1. All proposed building lots shall have adequate wastewater utilities. If public sanitary sewer is not available as specified in Sec. 50-184, then each lot shall be served by either an on-site septic system or by a community wastewater treatment system. Wastewater treatment systems may be placed in suitable locations within Secondary Conservation Areas. The locations shall be established in conformity with plans and permits from the Georgia Environmental Protection Division or the Fulton County Health Department as appropriate. 2. All wastewater treatment system components such as pumps, tanks, drain fields and drip lines shall be placed in one or more separate parcels. The parcel(s) shall be for maintenance access and for defining ownership. Such parcels need not comply with minimum lot standards but shall have sufficient frontage on a public road and sufficient width to provide all necessary access for maintenance and construction. These parcels and structures may be placed within green space and may count toward green space requirements. 3. Ownership and maintenance of any community wastewater treatment system shall be the responsibility of the developer, a homeowners association or an owner/ operator licensed by the State of Georgia to operate such a system. 4. Ownership and maintenance of those parts of community wastewater treatment systems located on lots shall be the responsibility of the individual lot owners unless otherwise approved both by the appropriate permitting authority and by the Director of Public Works. 5. The City of Milton is authorized to serve as a trustee for a community wastewater system, at the sole discretion of the Mayor and City Council. The City of Milton may require appropriate and reasonable surety and guarantees, and specifications regarding the construction, operation, and maintenance of any community wastewater treatment system for which it agrees to serve as a trustee. 6. Issuance of permits by other governmental authorities for construction of a community wastewater system does not obligate or bind the City of Milton, or the Milton City Council to approve any proposed Conservation Subdivision. D. Stormwater Structures Facilities 1. Conservation Subdivisions shall comply with Sec. 50-185 Stormwater Provisions. Storm water management structures designed to promote on-site infiltration and/or treatment of runoff and that comply with the City of Milton’s adopted Stormwater Management Manual (chapter 20, article IV of the City Code) may be permitted in green space in suitable locations within Secondary Conservation Areas if approved by the 12/3/201512/3/201512/1/2015 20 Director of Public Works. In general, storm water utility systems shall not be allowed to encroach into an exterior buffer as defined herein. 2. Notwithstanding other provisions to the contrary, the Director of Public Works may permit stormwater control structures to be built within a required buffer if he or she determines that this is the only practical location. However, the area devoted to such installation may not be used to satisfy the green space requirement for the development. Where stormwater structures are allowed within the required buffer, the developer shall plant sufficient vegetative material to obscure such structure from view. All walls or other hard surfaces of such structure shall be painted a muted earth-tone or shall be faced with other materials to further conceal such structure from view. E. Water Supply Water wells supplying a Conservation Subdivision shall be placed in suitable locations within Secondary Conservation Areas or within individual lots. Wells shall comply with all setbacks required for nearby wastewater drain fields. Easements shall be placed on all water wells when Public water supply systems, if available, shall be shown on the conceptual plan as required in the subdivision regulations. Sec. 50- 148. Tree Save Buffers. A. Tree save buffers shallmay be applied within each proposed lot according to the following table. Tree save buffers shall be marked during construction of the subdivision with high visibility temporary fencing. Within tree save buffers located in front and side yards on private lots, the clearing of underbrush using handheld power equipment, the removal of trees under 2 inches. in DBH and the trimming of tree limbs to a height of six feet on the trunk shall be permitted as specified in guidelines issued by the city arborist. No land disturbance and no clearing shall be permitted within tree save buffers except as permitted along the lot frontage or elsewhere for utilities and trails as provided in these regulations. No land disturbance shall be permitted within the drip line of trees extending beyond the edge of the tree save buffer. Dangerous trees and invasive plants may be removed from all tree save buffers as permitted by the city arborist. 12/3/201512/3/201512/1/2015 21 Standards for Tree Save Buffers and Green Space Basic Conservation Design Estate Lot Design Buffer Design Tree Save Buffers (min. width) Cottage Lots Traditional Lots Large Lots Estate Lots Buffer Lots Front Buffer 20 30 30 40 40 Side Buffers Interior line None None 10 25 10 Corner line 20 20 30 150 50 Rear Buffer 20 30 40 50 40 Maximum Clearing of Frontage Greater of 20 ft. or 50% 50% 50% 40% 50% Minimum Green Space Standards 50% in basic conservation subdivision 50% in basic conservation subdivision 50% in basic conservation subdivision 50% green space in conservation easement 30% per lot in buffer area B. A tree save buffer may be required along the perimeter boundary of the conservation subdivision for any of the following purposes: 1. Where ever resources exist off-site on the abutting property which, if proposed for Conservation Subdivision, would qualify as primary or secondary conservation areas; 2. Where ever the opportunity exists to match up and reinforce a similar buffer and green space that might be planned in the future on the abutting property; 3. For buffering impacts of new development (such as privacy and noise) upon existing residences; and 4. For maintaining rural view sheds. C. Tree save buffers shall not be required where ever large pastures, clearings, or greens exist along public roads and are placed in the common area green space of the conservation subdivision. If necessary, the placement of lots around the pasture or green can be mitigated by use of setbacks or other techniques. D. Within tree save buffers located along a perimeter boundary of the Conservation Subdivision, fences, if any, shall be placed to accommodate the free movement of wildlife within such a buffer. 12/3/201512/3/201512/1/2015 22 E. Estate lots may be placed fronting along existing roads adjoining the proposed conservation subdivision and no additional buffer other than any required by zoning shall be required. F. Upon recommendation of the Community Development Director, the City Council may require buffers up to 150 feet in width along the subdivision perimeter where insufficient forest or terrain exists to provide visual screening and where added separation of the proposed lots achieves those purposes. However, if the adjoining properties are in agricultural use or they are currently undeveloped and are suitable and likely candidates for Conservation Subdivision, such an enhanced buffer may not be required. G. All buffers beyond 50 feet or greater in width may count toward the required green space of the basic Conservation Subdivision or the requirement for green space within estate lots. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO CREATE A CONSERVATION SUBDIVISION ORDINANCE IN CHAPTER 50, SUBDIVISIONS, ARTICLE V WITHIN 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 December 7, 2015 6:00 p.m. as follows: SECTION 1. That the creation of Article V, Conservation Subdivision Ordinance within Chapter 50, Subdivisions, of the City Code of Ordinances 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 7th day of December, 2015 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF' CITY COUNCIL AGENDA ITEM TO: City Council DATE: December l, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Fina l Service Delivery Strategy Agreement between the City of Milton , Fulton County, and All Other Municipalities in Fulton County. MEETING DATE: Monday, December 7, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER : k APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED : ti_ YES ()NO CITY ATTORNEY REVIEW REQUIRED: !)(YES () NO APPROVAL BY CITY ATTORNEY )4 APPROVED () NOT APPROVED PLACED ON AGENDA FOR: \2.071.S- REMARKS IJ You ~ PHONE: 678 .2 42 .2500 I FAX: 678.242 .2499 info@cityofmiltonga.us I www.cityofmiltonga .u s 13000 Deerfield Parkway. Suite 107 I Milton GA 30004 *** @ * * . Certified Top 100 • C1ryo( ~ , ~ Ethics I '!>~~gt..# SERVICE DELIVERY STRATEGY FOR FULTON COUNTY AND THE CITIES OF: ALPHARETTA ATLANTA CHATTAHOOCHEE HILLS COLLEGE PARK EAST POINT FAIRBURN HAPEVILLE JOHNS CREEK MILTON MOUNTAIN PARK PALMETTO ROSWELL SANDY SPRINGS UNION CITY July 17, 2015 Formatted: Emphasis, Font: Calibri, 11 pt ATTACHMENT – III Service Delivery Strategy • 911 3 • Animal Control 7 • Communications (Non-911) 12 • Courts 16 • Drug Task Force 20 • Fire 23 • Aviation 28 • Indigent Care 31 • Law Enforcement (Police and Marshal) 34 • Mental Health/Development Disability/Addictive Diseases (MH/DD/AD) 39 • Public Defender 41 • Recreation Programs 43 • Recycling Programs/Curbside 46 • Refuse Collection 51 • Senior Centers 55 • Wastewater (Treatment and Collection) 58 • Water System (Treatment and Distribution) 67 • Welfare Services 70 • Yard Waste Collection 73 • Arts Grants Program 77 • Arts Programs 80 • Building Inspections & Permits 83 • Code Enforcement 86 • Computer Maps (GIS) 89 • Disability Affairs 93 • Economic Development 95 • Elections 98 • Emergency Management (EMS) 101 • Environmental Health 104 • Environmental Regulation 108 • Housing 111 • Parks 115 • Physical Health 118 • Planning & Zoning 121 • Solicitor 124 • Street Construction and Maintenance 128 • Storm Water 129 • Voter Registration 135 • Workforce Development 136 Jail 139 ATTACHMENT IV Exhibits 1 ______________________________________ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SERVICE DELIVERY STRATEGY FOR FULTON COUNTY PAGE 1 I. GENERAL INSTRUCTIONS: 1. Only one set of these forms should be submitted per county. The completed forms should clearly present the collective agreement reached by all cities and counties that were party to the service delivery strategy. 2. List each local government and/or authority that provides services included in the service delivery strategy in Section II below. 3. List all services provided or primarily funded by each general purpose local government and authority within the county in Section III below. It is acceptable to break a service into separate components if this will facilitate description of the service delivery strategy. 4. For each service or service component listed in Section III, complete a separate Summary of Service Delivery Arrangements form (page 2). 5. Complete one copy of the Summary of Land Use Agreements form (page 3). 6. Have the Certifications form (page 4) signed by the authorized representatives of participating local governments. Please note that DCA cannot validate the strategy unless it is signed by the local governments required by law (see Instructions, page 4). 7. Mail the completed forms along with any attachments to: Georgia Department of Community Affairs Office of Coordinated Planning For answers to most frequently asked questions on 60 Executive Park South, N.E Georgia’s Service Delivery Act, links and helpful. Atlanta, Georgia 30329 publications, visit DCA’s website at www.dca.servicedelivery.org, or call the Office of Coordinated Planning at (404) 679-3114. Note: Any future changes to the service delivery arrangem ents described on these form s will require an official update of the service delivery strategy and submittal of revised forms and attachments to the Georgia Departm ent of Community Affairs. II. LOCAL GOVERNMENTS INCLUDED IN THE SERVICE DELIVERY STRATEGY: In this section, list all local governments (including cities located partially within the county) and authorities that provide services included in the service delivery strategy. Fulton County, Alpharetta, City of Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs, Union City, Roswell Housing Authority, ChatCom Authority, Union City Housing Authority, Fairburn and Palmetto Housing Authority, South Fulton Municipal Regional Jail Authority, South Fulton Municipal Regional Water and Sewer Authority, Fulton/DeKalb Hospital Authority, Housing Authority of Fulton County, College Park Housing Authority, Milton Parks Authority, Milton Facilities Authority, Atlanta Downtown Improvement Development Authority, Atlanta Urban Redevelopment Agency, Atlanta Housing Authority, Atlanta-Fulton County Recreation Authority, Development Authority of Fulton County, Development Authority of DeKalb County, Metro Atlanta Joint Development Authority, Metro Atlanta Rapid Transit Authority, Fulton County Urban Redevelopment Agency; Building Authority of Fulton County; College Park Business and Industrial Development Authority Development Authority of Hapeville, Fulton County Residential Care Facilities for the Elderly Authority, Clayton County Water Authority 2 III. GOVERNING PROVISIONS: 1. Unless otherwise specified herein, agreements between and among the parties hereto may be changed or cancelled without modifying, cancelling, or affecting in any way, this Service Delivery Strategy. 2. The parties have engaged in good faith negotiations and reached agreement as to the Fulton County Service Delivery Strategy (“Strategy”), pursuant to the requirements of the Service Delivery Act O.C.G.A. § 36 -70-20, et seq. (the “Act”); and affirmatively declare that this Strategy is not intended to limit or supersede the rights and powers of each and every party to this Strateg y as to each parties’ respective rights and powers granted by the State of Georgia, as political subdivisions of the State of Georg ia, as may be set out in respective City or County Charters, the Georgia Constitution, the Official Code of Georgia or other applicable law, except as affirmatively required by the Act; and the parties expressly reserve such rights and powers. 3 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton Service: 911 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach an UPDATED legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required. Fulton, Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Palmetto, Chattahoochee Hills, Roswell, Union City, Mountain Park:, Sandy Springs and, Johns Creek using ChatCom Authority for 911:, Milton using Alpharetta for 911 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 4 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Not Applicable 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: Intergovernmental Roswell and Mountain Park 4/30/98 – indefinite 911 Intergovernmental Alpharetta and Milton 10/1/08 through 9/30/18 911 Intergovernmental Palmetto and Fulton County 12/19/07 through12/18/17 911 Intergovernmental Fulton County and Fairburn 1/1/2015 through 12/31/2018 911 Intergovernmental Fulton County and Chatt Hills 3/1/15 through 12/31/18 911 Intergovernmental Fulton County and Union City 3/1/15 through 12/31/18 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: L a u r a Le w i s Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-8320 PAGE 2 (continued) 5 SERVICE DELIVERY STRATEGY Services: 911 Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: All municipalities in Fulton will continue to provide their own 911 services within their respective cities, with the exception of Mountain Park, which will continue to contract with Roswell for 911 services. Palmetto, Fairburn, Union City, and Chattahoochee Hills contract with Fulton County for 911 services. Milton contracts with Alpharetta for 911 services. Sandy Springs and Johns Creek contract with ChatCom for 911 services. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta 911 Fund/User Fees Atlanta 911Fund/User Fees/General Fund Chattahoochee Hills 911 Fund/User Fees College Park 47% 911 Fund/ 53% General Fund East Point General Fund/911 Fund/User Fees Fairburn 911Fund/User Fees/General Fund Hapeville 911 Fund/User Fees Johns Creek 911Fund/General Fund /User Fees Milton 911 Fund /User Fees (potential General Fund) Mountain Park 911 User Fees Palmetto 911 Fund/User Fees Roswell 911 Fund/User Fees 6 Sandy Springs 911 Fund/User Fees/General Fund Union City 911 User Fees/General Fund Fulton County 911 Fund/User Fees 7 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Animal Control 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County and all municipalities 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 8 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? The Fulton County General Fund will pay for rabies related activities. Fulton County will fund other animal control services from the Special Service District, based on calls for service in the unincorporated areas of the County. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates IGA Fulton/Atlanta 7/1/14-12/31/17 IGA Fulton/Sandy Springs 2014-6/30/17 IGA Fulton/Union City 2014-6/30/17 IGA Fulton/Fairburn 2014-6/30/17 IGA Fulton/City of Roswell 2014-6/30/17 IGA Fulton/Chattahoochee Hills 2014-6/30/17 IGA Fulton/Alpharetta 2014-6/30/17 IGA Fulton/City of Milton 2014-6/30/17 IGA Fulton/Hapeville 2014-6/30/17 IGA Fulton/College Park 2014-6/30/17 IGA Fulton/Palmetto 2014-6/30/17 IGA Fulton/Mountain Park 2014-6/30/17 IGA Fulton/East Point 2014-6/30/17 IGA Fulton/Johns Creek 2014-6/30/17 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: La u r a Le w i s Phone number: 404.612.0246 Date completed: J u l y 1 7 , 2 0 1 5 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No 9 If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-8320 PAGE 2 (continued) 10 SERVICE DELIVERY STRATEGY Services: Animal Control Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County and municipalities in Fulton County share the cost of animal control services provided by a vendor which has a contract with Fulton County. The current contract provides for the County General Fund to pay an adjustable percentage (determined by the number of calls received that are related to rabies activities) of the cost of the contract for animal control services. The remaining contract cost is paid by the County Special Service District Fund (Unincorporated Fulton County) and the municipalities based on calls for services provided to the respective municipalities and unincorporated areas. Citations issued by animal control personnel within a municipality shall be prosecuted in the municipal court of that municipality. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund 11 Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund Fulton County (Unincorporated) SFSSD 12 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Communications (Non-911) 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 13 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County General Fund/ User Fees/Enterprise Fund (Water/Sewer) Municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? This service was not delineated in the previous Service Delivery Strategy. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 800 MHz IGA Fulton County / Chattahoochee Hills 3/1/15 through 12/31/18 800 MHz IGA Fulton County / Palmetto 1/2014 through 12/2018 800 MHz IGA Fulton County / Johns Creek 1/1/15 through 12/31/18 800 MHz IGA Fulton County / Fairburn 1/1/15 through 12/31/18 800 MHz IGA Fulton County / Milton 1/1/15 through 12/31/15 800 MHz IGA Fulton County / Mountain Park 1/1/15 through 12/31/15 800 MHz IGA Fulton County / Sandy Springs 1/1/15 through 12/31/15 800 MHz IGA Fulton County / Alpharetta 1/1/15 through 12/31/15 800MHz IGA Fulton County / Roswell 1/1/15 through 12/31/15 800 MHz IGA Fulton County / Union City 1/1/15 through 12/31/18 Unified Radio System IGA Alpharetta/Milton/Roswell/Sandy Springs 1/28/13 through 1/27/33 800 MHz IGA Atlanta/College Park ? 800 MHz IGA Fulton County / Fulton County School Bd. 1/1/15 through 12/31/18 800 MHz IGA Fulton County / Chatt. River Nat’l Recreation Area 1/1/15 through 12/31/18 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? ✔ Yes No Formatted: Right: -0.05", Line spacing: single 14 If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 15 SERVICE DELIVERY STRATEGY Services: Communications (Non -911) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County provides certain county-wide, non-911 system communication services, including (but not limited to) the 800 MHZ radio communications system. These systems allow for communications among public-safety agencies and other governmental users and also allow for communications to the general public. Atlanta provides a non-911 communications service within its boundaries and to other users, including those identified in the intergovernmental agreements listed in Section 5. The North Fulton Regional Radio System Authority provides a unified radio system to Roswell, Sandy Springs, Milton and Alpharetta. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund 16 Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund/800 MHz System Fees/ Enterprise Fund (Water/Sewer) 17 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Courts 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County provides Probate, Magistrate , Juvenile, State and Superior Courts County- wide. Each Municipality provides municipal courts within its jurisdiction. 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 18 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: General state law 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g. ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc. and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 j Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 19 SERVICE DELIVERY STRATEGY Services: Courts Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Magistrate, Probate, Juvenile, State and Superior Court services to the unincorporated and incorporated areas of Fulton County. Each municipality within the county provides and will continue to provide Municipal Court services within their respective city where the municipal court has jurisdiction under the state law and city charter. COURTS FUNDING ARRANGEMENT (Superior, State, Magistrate, Probate, and Juvenile) Local Government Funding Method Fulton County General Fund/ South Fulton Special Services District (SFSSD) Municipal Courts Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund 20 Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund 21 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Drug Task Force 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Mountain Park Palmetto, Roswell, Union City, Milton and Johns Creek Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 22 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes √ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 23 SERVICE DELIVERY STRATEGY Services: Drug Task Force Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide drug enforcement services to the unincorporated areas of the Fulton County. Each municipality within the county will continue to provide drug enforcement services within their respective city. Further, the GBI and the DEA provide overlapping support to the County and the cities. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County SFSSD 24 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Fire 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County, Alpharetta, Atlanta, College Park, East Point, Hapeville, Roswell, Union City, Chattahoochee Hills, Sandy Springs, Johns Creek, Palmetto, Milton and Fairburn 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 25 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: IGA Mutual Aid Atlanta/Sandy Springs/DeKalb/Cobb ? IGA Mutual Aid Palmetto/Fairburn 12/11/07- Annual Automatic Renewal IGA Mutual Aid Palmetto/Chattahoochee Hills 6/2/08 – Annual Automatic Renewal IGA Automatic Aid Alpharetta/Milton 10/01/2008 – Annual Automatic Renewal IGA Automatic Aid GA Mutual Aid Group GAMAG- 5/00 - indefinite IGA Mutual Aid Roswell/Milton 10/26/07 – Annual Automatic Renewal Mutual Aid Agreement College Park Secretary of the Army 2/7/2002-effective until 90 day notice Mutual Aid Agreement Fulton County/College Park 6/21/2003 - Mutual Aid Agreement Atlanta/College Park 1/4/2010-12/31/2015 – Agreement will be reviewed and renewed annually on January 1st each year of this term” MOU Metro Atlanta Urban Area Security Initiative/Atlanta ? Mutual Aid Resource Pact Atlanta/Georgia Mutual Aid Group 3/14/94 IGA Mutual Aid Palmetto/Union City 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given IGA Mutual Aid Union City/Atlanta 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given IGA Mutual Aid Union City/College Park 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given 26 IGA Mutual Aid Union City/Fulton County 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given IGA Mutual Aid Union City/Fairburn 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given IGA Mutual Aid Fulton County/Roswell 8/20/03 – Annual Automatic Renewal (terminable if 90 day notice is given) IGA Mutual Aid Fulton County/Douglas County 8/20/03 – Annual Automatic Renewal (terminable if 90 day notice is given) IGA Mutual Aid Fulton County/College Park 9/17/03 - Annual Automatic Renewal (terminable if 90 day notice is given) IGA (Cascade Corridor) Fulton County/Atlanta ? Public Safety IGA Roswell/Mountain Park 4/20/2009 – no end date 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? The Georgia Mutual Aid Group. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) Formatted: Indent: Left: 0.28", Right: -0.01", Space Before: 0 pt, Line spacing: single 27 SERVICE DELIVERY STRATEGY Services: Fire Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide fire services to the unincorporated areas of Fulton County and a limited area within the City of Atlanta known as the Cascade Corridor. Each municipality within the County, with the exception Mountain Park, will continue to provide fire services within their respective cities. Mountain Park has a volunteer fire department which provides fire services within the city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund/Enterprise Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Palmetto General Fund Chattahoochee Hills General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund 28 Fulton SFSSD 29 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Aviation 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No maps required Fulton County, City of Atlanta, College Park, and Hapeville 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 30 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: City of Atlanta Enterprise Fund Fulton County Enterprise Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed:July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 31 SERVICE DELIVERY STRATEGY Services: Aviation Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: The City of Atlanta owns and operates the Hartsfield-Jackson Atlanta International Airport, which is located within the City of Atlanta, the City of College Park, the City of Hapeville and Clayton County and provides international airport services. Fulton County owns and operates the Fulton County Airport, which is located within unincorporated Fulton County and provides airport services to the region. 32 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Indigent Care 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): Fulton County, Fulton/DeKalb Hospital Authority and City of Atlanta 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 33 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County General Fund/ MOU Fulton/ DeKalb Hospital Authority MOU City of Atlanta/Hospital Authority General Fund/ Contract 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: MOU Fulton County/Hospital Authority Contract City of Atlanta/Hospital Authority 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 34 SERVICE DELIVERY STRATEGY Services: Indigent Care Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County provides and will continue to provide indigent care services to the unincorporated and incorporated areas of Fulton County. Indigent care is available to the residents of Fulton County through the Fulton/DeKalb Hospital Authority and the Grady Memorial Hospital Corporation (Grady Hospital). The City of Atlanta also provides for Indigent Care to citizens of the City of Atlanta through a contract with Grady Hospital. 35 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Law Enforcement (Police and Marshal) 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required All cities and Fulton County provide police services within their jurisdictions. Roswell and Fulton County provide Marshal services. 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 36 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: Police Protection Agreement East Point /College Park 2/4/2003 – Annual Automatic Renewal Mutual Aid Agreement Atlanta/College Park 5/5/2005 – Annual Automatic Renewals) Cooperative Agreement MARTA/College Park 8/17/2007 – With written notice Public Safety IGA Roswell/Mountain Park 4/20/2009 – no end date 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 37 SERVICE DELIVERY STRATEGY Services: Law Enforcement (Police and Marshal) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide police service to the unincorporated areas of the Fulton County. These duties include patrol, criminal investigation, apprehension, and crime prevention activities. These activities are funded through the South Fulton Tax District. There is also a section of Fulton County police service that is funded through the General Fund. One is the identi fication unit, which provides fingerprint checks for prospective employees, firearm permits, business license applicants, work permits, and crime scene technicians. The other is building security, which provides county-wide physical security support. Each municipality within the county provides and will continue to provide police services within their respective city. The County Marshal’s office is to directly support the State and Magistrate Courts of Fulton County. The Marshal provides service to all portions of unincorporated and incorporated Fulton County. When called upon, the Marshal will protect life and property, preserve the peace, prevent crime, arrest violators of the law, and enforce all Federal, State and local laws and ordinances coming within the State Court’s jurisdiction. Many jurisdictions have mutual aid agreements for the purpose of sharing equipment and/or resources. 38 FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Grants/ Forfeiture Funds Atlanta General Fund/Grants/ Forfeiture Funds Chattahoochee Hills General Fund College Park General Fund/Grants/ Forfeiture Funds East Point General Fund/Grants/ Forfeiture Funds Milton General Fund/Grants/ Forfeiture Funds Roswell General Fund Sandy Springs General Fund/Grants/ Forfeiture Funds Fairburn General Fund/Grants/ Forfeiture Funds Hapeville General Fund/Grants/ Forfeiture Funds Johns Creek General Fund/ Grants/Forfeiture Funds Mountain Park General Fund/Grants/ Forfeiture Funds Palmetto General Fund/Grants/ Forfeiture Funds Roswell General Fund/Grants/ Forfeiture Funds Union City General Fund/Grants/ 39 Forfeiture Funds Fulton County SFSSD/Grants/ Forfeiture Funds/General Fund 40 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County Fulton County Service: Mental Health, Developmental Disability, Addictive Diseases 1. Check the box that best describes the agreed upon delivery arrangement for this service: ✔ Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 41 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County Health Grant Fund (General Fund, State Funds, Federal Funds) 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 42 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Public Defender 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): _______________________________________________________________________________ Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County and all cities within Fulton County. 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 43 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc. Local Government or Authority: Funding Method: Fulton County General Fund /Special Service District Fulton Municipalities General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Each municipality is required to provide public defender services pursuant to the law. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Each municipality shall be responsible for providing its own Public Defender for its municipal court 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 44 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Recreation Programs 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No maps required Fulton County, Alpharetta – Private Provider, Atlanta, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Union City, Sandy Springs, Chattahoochee Hills, Milton, and Johns Creek Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 45 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: J u l y 1 7 , 2 0 1 5 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local governments projects are consistent with the service delivery strategy? Yes No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 46 SERVICE DELIVERY STRATEGY Services: Recreation Programs Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs, and Union City. Strategy: Fulton County will continue to provide Recreation services to the unincorporated Fulton County. Each municipality within the county will continue to provide Recreation services within their respective city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/Fees/Grants Chattahoochee Hills General Fund/Fees College Park General Fund /Car Rental Tax/Fees East Point General Fund/Fees Fairburn General Fund/Fees Hapeville General Fund/Fees Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund/Fees Roswell General Fund/Enterprise/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD 47 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Recycling Programs/Curbside 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area) No map required Fulton County and all municipalities within Fulton County. Municipalities Service Provider Atlanta Atlanta College Park Public Works Department East Point ? Union City Private Company Alpharetta Private Company Mountain Park Private Company Roswell Private Company Milton Private Company Johns Creek Private Company Hapeville Private Company Chattahoochee Hills Private Company Fairburn Private Company Palmetto Private Company Sandy Springs Private Company Fulton County Private Company 48 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County See Funding Arrangement Fulton Municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Services provided by approved haulers in compliance with Solid Waste Management Plan. 49 7. Person completing form: Stacey Grundy Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes No If not, provide designated contact person (s) and phone number (s) below: County Manager (404) 612-0832 PAGE 2 (continued) 50 SERVICE DELIVERY STRATEGY Services: Recycling/Curbside Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Recycle/Curb Side services will continue to be provided by private contractors in Unincorporated Fulton County. The cities of Atlanta and College Park will continue to provide recycling services within their respective cities. The cities of Alpharetta, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek, Chattahoochee Hills and Union City provide their residents with recycling services through contracts with private waste haulers. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta Enterprise Fund Atlanta Enterprise Fund Chattahoochee Hills Private Contract College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund Johns Creek Customer Contract Milton Customer Contract Mountain Park Enterprise Fund 51 Palmetto Enterprise Fund Roswell Enterprise Fund Sandy Springs Customer Contract Union City Enterprise Fund Fulton County SFSSD 52 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Refuse Collection 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County and all municipalities within Fulton County 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 53 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 54 SERVICE DELIVERY STRATEGY Services: Refuse Collection Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Refuse Collection services will continue to be provided by private contractors in unincorporated Fulton County. The cities of College Park, East Point, Hapeville, and Roswell will continue to provide refuse collection within their respective cities. The cities of Alpharetta, Fairburn, Mountain Park, Palmetto, Sandy Springs, Union City and Milton and Johns Creek will provide their citizens with refuse collection through franchise agreements or contracts with private waste haulers. The City of Atlanta will continue to provide refuse collection to include dead animal collection and disposal within the City of Atlanta’s corporate limits. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta Enterprise Fund Atlanta Enterprise Fund Chattahoochee Hills Customer Contracts College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund Johns Creek Customer Contracts Milton Customer Contracts Mountain Park Enterprise Fund 55 Palmetto Enterprise Fund Roswell Enterprise Fund Sandy Springs Customer Contracts Union City Enterprise Fund Fulton County SFSSD 56 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Senior Centers 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): Fulton County, Alpharetta, College Parkrk Rowel,, Union City, Johns Creek 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 57 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See funding arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 58 SERVICE DELIVERY STRATEGY Services: Senior Centers Parties: Fulton County and the cities of Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to operate and manage 15 neighborhood senior centers through the Office of Aging within the Aging and Youth Services Department. The neighborhood senior centers are located within the following municipalities: Atlanta, Alpharetta, Roswell, Hapeville, College Park, Fairburn, Palmetto, Milton and Sandy Springs. The centers are managed by three non-profit agencies under contract with Fulton County and geographically located to provide optimum community- based services. Funding is a combination of Federal (Older Americans Act), State and General Funds. The cities of College Park, Johns Creek, Union City, Roswell, and Alpharetta each have an independent senior center. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Grants College Park General Fund/Grants Roswell General Fund/Grants Union City General Fund/Grants Johns Creek General Fund/Grants Fulton County General Fund/Grants 59 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Wastewater 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): Maps attached as indicated in the detailed Service Delivery Strategy explanations. (No maps attached) Fulton County, Atlanta, Cobb County, College Park, East Point, Fairburn, Hapeville, Milton, Palmetto, Union City, Clayton County Water Authority 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 60 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See funding arrangements See Funding Arrangement See funding arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: (see attached service area boundary map, which may be amended via IGA.) Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: Sewer Service Agreement Clayton County – City of College Park 5/1/2006 – 10 Years Water Pollution Control Service Agreement City of Atlanta; City of College Park May 12, 1978-2028 (50 years) City of Atlanta and Fulton County Sewer Collection and Billing Agreement City of Atlanta; Fulton County October 12, 2007- 2022 (15 years) City of Atlanta and Fulton County Wastewater Services Agreement For Camp Creek Water Reclamation Facility City of Atlanta; Fulton County October 12, 2007- 2022 unless renewed for additional 5 yrs. City of Atlanta and Fulton County Wastewater Services Agreement for R. M. Clayton Water Reclamation Center City of Atlanta; Fulton County October 12, 2007-2022, unless renewed for additional 5 yrs. City of Atlanta and Fulton County Wastewater Services Agreement for Utoy Creek Water Reclamation Center City of Atlanta ; Fulton County October 12, 2007-2022, unless renewed for additional 5yrs. City of Atlanta and City of East Point Water Pollution Control Service Agreement City of Atlanta; City of East Point July 17, 1979-2029 City of Atlanta and City of Hapeville Water Pollution Control Service Agreement City of Atlanta; City of Hapeville December 28, 1979-2029 Permanent Contract ( Wastewater Treatment) City of Atlanta; Cobb County May 23, 1972 - Unspecified Wastewater Service Agreement City of College Park; Fulton County October 25, 2007 – October 24, 2057 61 Control Plant Contract City of College Park; City of East Point; Fulton County; City of Atlanta 1958 – 1971 (incorporated into this agreement) Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service by Fulton County to Certain Property Located within the City of Milton (to include multiple amendments and related resolutions) Fulton County; City of Milton December 3, 2012 / December 3, 2062(see attached service area boundary map) Wastewater Services Agreement Fulton County; Union City July 17, 2013 – 2028, unless renewed for additional 5 years Wastewater Services Agreement Fulton County/Palmetto 10/20/2004 through 10/19/2034 Wastewater Services Agreement Fulton County/Fairburn 6/16/04 through 2019 Sewer Coop Agreement Fulton County/Fairburn 6/7/00 through South Fulton Municipal Regional Water and Sewer Authority Agreement Fairburn/Palmetto/Union City 2000 - ongoing 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) Formatted Table 62 SERVICE DELIVERY STRATEGY Services: Wastewater Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Wastewater services are provided at various service levels on retail and/or a wholesale basis, as further described below: Fulton County: Fulton County provides wastewater service on a wholesale basis to Atlanta, portions of College Park, East Point, Union City, Fairburn and Palmetto, as further described in the intergovernmental agreements referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Fulton County provides wastewater services on a retail basis to its customers generally in unincorporated South Fulton County, Johns Creek, Alpharetta, portions of Milton, Mountain Park, Roswell, Sandy Springs and portions of Atlanta, College Park, Fairburn, Palmetto and Union City, as further depicted in the attached customer or service boundary maps and intergovernmental agreements referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Fulton County only provides wastewater services on a retail basis to the sewered portion of the City of Milton, which area is more particularly described in the attached sewer boundary map. Pursuant to the Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service by Fulton County to Certain Property Located within the City of Milton (including the amendments thereto), the City Council is now authorized by formal Council action to unilaterally authorize Fulton county to provide sewer service to additional parcels over and above those reflected in the current sewer boundary map. This unilateral process has been utilized by the Milton Council and is an efficient mechanism by which the City may authorize the modification of the sewer boundary while providing Fulton the right, but not obligation, to extend sewer service and sewer infrastructure. Based upon the above- Formatted: Indent: Left: 1.81", Right: 0.06", Space After: 0 pt, Line spacing: Multiple 1.33 li, No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers, Tab stops: 1.85", Left 63 referenced IGA and the amendments and related resolutions thereto, the SDS dispute between the City of Milton and Fulton County regarding wastewater service is resolved. City of Atlanta: Atlanta provides wastewater services to its customers on a retail basis generally within its municipal boundaries, Fort McPherson, and the Hartsfield-Jackson Atlanta International Airport, which lies partially within Clayton County, College Park, Atlanta, and Hapeville, as further depicted in the attached customer maps. Atlanta provides wastewater services on a wholesale basis to portions of Fulton County, portions of College Park, portions of East Point and Hapeville, as further described in the intergovernmental agreements referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Atlanta also provides billing services for Fulton County’s retail wastewater customers who receive water service from Atlanta, as further described in the intergovernmental agreement referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Cobb County provides wastewater service on a wholesale basis to a portion of Atlanta. Retail wastewater service by other cities: The Cities of College Park, Fairburn, Hapeville, East Point, Palmetto and Union City provide wastewater service on a retail basis generally to their respective customers located within the respective jurisdictional boundaries, as further depicted in the attached customer or service boundary maps. Other service: Clayton County Water Authority provides wastewater service on a wholesale basis to a portion of College Park and portions of unincorporated South Fulton County, as further described in the intergovernmental agreement referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” The wastewater services described, above, are subject to the following: 1. The attached customer maps shall serve as a general reference to describe the existing service locations of service providers. However, to the extent that the map includes a Formatted: Font: (Default) Times New Roman, 12 pt 64 mistake or omission of the service actually provided to any particular parcel, the city, County, or Authority actually providing the service on a retail basis to that particular parcel shall be the service provider. The customer maps or service boundary maps may be updated from time to time by the parties without the need to further amend this Service Delivery Agreement. 2. A city, county or Authority providing service on a retail basis to an existing customer at the time of an annexation or de-annexation shall continue to remain a customer of that provider after the effective date of an annexation or de -annexation, unless otherwise agreed upon by the affected parties. 3. The terms of any intergovernmental agreement or boundary map referenced in Item No. 5 of the “Summary of Service Delivery Arrangements” or as may be entered into by parties shall control, as may be amended by the affected parties from time to time. 4. To the extent that a party identifies an unauthorized connection to a service provider’s system, the party from whom the customer has obtained unauthorized service may claim recovery as the service provider and pursue all available remedies for such unauthorized connection. FUNDING ARRANGEMENT Local Government Funding Method Atlanta Enterprise Fund/MOST College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund Palmetto Enterprise Fund Union City Enterprise Fund Fulton County Enterprise Fund 65 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Water System (Treatment & Distribution) 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area. .Maps attached as indicated in the detailed Service Delivery Strategy explanations. (No maps attached) Fulton, Atlanta, Cobb County, Roswell, East Point, Palmetto, College Park, Fairburn, Hapeville, Mountain Park and Union City 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 66 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Changes 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: Water Supply Contract East Point/College Park 4/1/12-3/31/15 Water Supply Contract Clayton County Water Authority/ College Park 8/06/2009 – 12/31/28 Water Service Agreement Atlanta/Hapeville February 27, 1995 – December 31, 2020 South Fulton Municipal Regional Water and Sewer Authority Agreement Fairburn/Palmetto/Union City 2000 - ongoing 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 67 SERVICE DELIVERY AGREEMENT Services: Water System (Treatment and Distribution) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide clean water and water distribution services on a retail basis to its customers in Johns Creek, Alpharetta, Milton, and portions of Roswell, as further depicted in the attached customer or service boundary maps and IGAs referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Fulton County provides water services on a wholesale basis to a portion of Roswell as further defined in the IGA referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” City of Atlanta provides water services on a retail basis to its customers within its municipal boundaries, Sandy Springs, Chattahoochee Hills, unincorporated South Fulton County, Fort McPherson, and the Hartsfield-Jackson Atlanta International Airport, which lies partially within Clayton County, College Park, Atlanta, and Hapeville, as further depicted in the attached customer maps. Atlanta provides water services on a wholesale basis to Hapeville, as further described in the IGA referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Atlanta provides water services to Fairburn and Union City on a wholesale basis; however, no IGA currently exists between Atlanta and Union City or Atlanta and Fairburn as to the provision of this service. Atlanta, Union City and Fairburn agree that: (1) neither Union City nor Fairburn is legally obligated to accept water from Atlanta and may obtain water service from water providers other than Atlanta; and (2) Atlanta is not legally obligated to provide water to Union City or Fairburn. East Point provides water service on a wholesale basis to College 68 Park. Roswell provides water service on a retail basis to its customers located within a portion of its jurisdictional boundaries not served by Fulton County, as further depicted in the attached customer maps. The Cities of College Park, Fairburn, Hapeville, East Point, Mountain Park, and Union City provide water service on a retail basis generally to their respective customers located within the respective jurisdictional boundaries, as further depicted in the attached customer or service boundary maps. The City of Palmetto provides water service on a retail basis to its respective customers located within its jurisdictional boundaries. Palmetto also purchases water from Coweta County. The Cobb-Marietta Water Authority provides water service on a wholesale basis to Mountain Park. The Clayton County Water Authority provides water service on a wholesale basis to a portion of College Park. [LANGUAGE PROPOSED BY SANDY SPRINGS; DISPUTED BY ATLANTA] “The City of Sandy Springs reserves all rights to determine how water treatment, distribution and billing services are provided within the City of Sandy Springs. The City of Atlanta currently provides water treatment, distribution and billing services of water user customers within the City of Sandy Springs. The City of Sandy Springs reserves the option to select other water treatment service providers in the future and reserves the right to provide distribution and billing services in its sole discretion.” The water services described, above, are subject to the following: 5.1.The attached customer maps shall serve as a general reference to describe the existing service locations of service providers. However, to the extent that the map includes a mistake or omission of the service actually provided to any particular parcel, the city, County, or Authority actually Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 69 providing the service on a retail basis to that particular parcel shall be the service provider. The customer maps or service boundary maps may be updated from time to time by the parties without the need to further amend this Service Delivery Agreement. 6.2.A city, county or Authority providing service on a retail basis to an existing customer at the time of an annexation or de -annexation shall continue to remain that provider’s customer after the effective date of an annexation or de-annexation, unless otherwise agreed upon by the affected parties. 7.3.The terms of any intergovernmental agreement or boundary map referenced in Item No. 5 of the “Summary of Service Delivery Arrangements” or as may be entered into by parties shall control, as may be amended by the affected parties from time to time. 8.4.To the extent that a party identifies an unauthorized connection to a service provider’s system, the party from whom the customer has obtained unauthorized service may claim recovery as the service provider and pursue all available remedies for such unauthorized connection. FUNDING ARRANGEMENT Local Government Funding Method Atlanta Enterprise Fund/MOST College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund Mountain Park Enterprise Fund Palmetto Enterprise Fund Roswell Enterprise Fund Union City Enterprise Fund Fulton County Enterprise Fund 70 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Welfare Services 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrangement (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 71 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County Health Grant Fund (General Fund, State Funds, Federal Funds) 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 72 SERVICE DELIVERY STRATEGY Services: Welfare Services Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Welfare services to the unincorporated and incorporated areas of the Fulton County. This service is provided through the Fulton County Department of Family and Children Services (D.F.A.C.S), which is an agency of the Georgia Department of Human Resources. 73 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Yard Waste Collection 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required. Fulton County and all municipalities within Fulton County. Municipality Service Provider Fulton County Private Contractor Atlanta Atlanta College Park Public Works Department East Point Union City Alpharetta Mountain Park Private Contractor Roswell Milton Private Contractor Johns Creek Private Contractor Hapeville Public Works Department Chattahoochee Hills Fairburn Palmetto 74 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrangement (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Service provided by approved haulers in compliance with Solid Waste Management Plan. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 75 PAGE 2 (continue) 76 SERVICE DELIVERY STRATEGY Services: Yard Waste Collection Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide yard waste collection services in Unincorporated South Fulton County, through a private contractor. The cities of Atlanta, College Park, East Point, Fairburn, Hapeville, Milton, and Roswell will continue to provide yard waste collection within their respective cities. The cities of Alpharetta, Milton, Mountain Park, Palmetto, Sandy Springs, Johns Creek, and Roswell and Union City provide their residents with yard waste collection through franchise agreements or contracts with private waste haulers FUNDING ARRANGEMENT Local Government Funding Method Alpharetta Enterprise Fund Atlanta Enterprise Fund College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund 77 Johns Creek Customer Contract Milton Customer Contract Mountain Park Enterprise Fund Palmetto Enterprise Fund Roswell Enterprise Fund Sandy Springs Customer Contract Union City Enterprise Fund Fulton County Customer Contract 78 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Arts Grants Program 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County, City of Atlanta and Johns Creek. 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 79 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager PAGE 2 (continued) 80 SERVICE DELIVERY STRATEGY Services: Arts Grants Program Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to offer arts services to the unincorporated areas of Fulton County. In addition, Fulton County government via the Fulton County Department of Arts and Culture offers Contracts for Services (grants) to Arts agencies located in municipalities in Fulton County. Additionally, Arts agencies must provide a match to the County’s funds. All funds from both the County and the municipalities are general funds. The City of Atlanta and the City of Johns Creek will continue to provide grants for arts services within their respective city limits. 81 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Arts Programs 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County, Alpharetta, Atlanta, Roswell, Sandy Springs, Palmetto, Milton, Hapeville, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 82 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 83 SERVICE DELIVERY STRATEGY Services: Arts Programs Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Arts programs are available to residents county-wide. The municipalities of Alpharetta, Atlanta, Roswell, Milton, Sandy Springs, Union City and Johns Creek will also continue to offer Art programs within their respective cities. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Grants Atlanta General Fund/Grants East Point General Fund/Grants Fairburn General Fund/Grants Hapeville General Fund Grants Johns Creek General Fund/Grants Milton General Fund/Grants Palmetto General Fund/Grants Roswell General Fund/Grants Sandy Springs General Fund/Grants Union City General Fund/Grants Fulton County General Fund/Grants 84 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Building Inspection & Permits 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Union City, Milton, Johns Creek and Sandy Springs. See Attachment (No attachment) Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 85 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Third party vendors are used by some cities to provide this service. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 86 SERVICE DELIVERY STRATEGY Services: Building Inspection and Permits Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide building inspection and permit services to the unincorporated areas of Fulton County. Each municipality within the county will continue to provide building inspection and permit services within their respective city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/Fees Chattahoochee Hills General Fund/Fees College Park General Fund/Fees East Point General Fund/Fees Fairburn General Fund/Fees Hapeville General Fund/Fees Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund/Fees Roswell General Fund/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD 87 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Code Enforcement 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County and all cities within Fulton County .Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 88 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 89 SERVICE STRATEGY DELIVERY Services: Code Enforcement Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide code enforcement services to the unincorporated areas of Fulton County. Each municipality within the county will continue to provide code enforcement services within their respective city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/ Enterprise Fund/Fees Chattahoochee Hills General Fund/Fees College Park General Fund/Fees East Point General Fund/Fees Fairburn General Fund/Fees Hapeville General Fund/Fees Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund/Fees Roswell General Fund/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD 90 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Computer Maps (GIS) 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton, Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Milton, Johns Creek, Chattahoochee Hills, Sandy Springs, and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 91 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: Information Technology Johns Creek/Milton 11/01/10 – 10/31/11 and Annual Automatic Renewal for up to 5 Successive Annual Terms 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 92 SERVICE DELIVERY STRATEGY Services: Computer Maps (GIS) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide GIS services to the unincorporated areas of Fulton County. Each municipality within the county will continue to provide GIS services within their respective city or as otherwise provided by mutual agreement. GIS services in the City of Milton are provided by the City of Johns Creek pursuant to an intergovernmental agreement, referenced in paragraph 5 above. Further, the jurisdictions within Fulton County recognize the importance of facilitating data sharing and convergence and encourage all jurisdictions to employ compatible mapping systems. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund/ Enterprise Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund 93 Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County SFSSD / Enterprise Fund/General Fund 94 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEM ENTS PAGE 2 Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Economic Development 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs, Union City, Atlanta Development Authority, Atlanta Downtown Improvement Development Authority, Urban Residential Finance Authority, Atlanta Urban Redevelopment Agency; Atlanta Housing Authority; Atlanta-Fulton County Recreational Authority; Development Authority of Fulton County; Metro Atlanta Joint Development Authority, Metro Atlanta Rapid Transit Authority; College Park Business and Industrial Development Authority, Development Authority of Hapeville, Business and Industry Development Authority of College Park Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 95 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? All cities are authorized to create development authorities under general state law. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 96 SERVICE DELIVERY STRATEGY Services: Economic Development Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: There is some overlap of service as Fulton County provides Economic Development service for the entire County including all the cities and unincorporated areas. However, competition is the nature of Economic Development service provision and therefore each jurisdiction needs to maintain their own service as they compete to attract development. It should also be noted that at the County level, the cities and the County do work cooperatively. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund/SFSSD 97 _ Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Elections 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 98 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Not Applicable. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 99 SERVICE DELIVERYSTRATEGY Services: Elections Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide elections services to the unincorporated and incorporated areas of Fulton County for countywide elections on an actual cost basis less expenses. In addition, Fulton County will continue to offer election services to any municipality through an IGA. Palmetto, Chattahoochee Hills, and College Park provide election services for municipal elections within the city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund 100 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service EMS 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required EMS Service is provided by the Region 3 EMS C ouncil (contractual provider). Currently, Rural Metro Ambulance in north and south Fulton County, Grady Hospital provides service in the central zone. (See attachment) 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 101 3.List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise fund general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Sandy Springs, Milton, Johns Creek General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Some cities and unincorporated Fulton County have agreements with the authorized service providers for enhanced services. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 102 SERVICE DELIVERY STRATEGY Services: Emergency Medical Services (EMS) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: EMS service is provided by Rural Metro Ambulance Company in North Fulton County. EMS service is provided by Rural Metro Ambulance to unincorporated and incorporated areas of South Fulton County, excluding the City of Hapeville, which provides its own ambulance service. EMS service is provided by Grady Hospital for the City of Atlanta. EMS service for the City of Sandy Springs is provided by Rural Metro Ambulance by contract. FUNDING ARRANGEMENT Provider Funding Method Atlanta Grady Hospital Sandy Springs General Fund/Charges for Services Hapeville General Fund/Charges for Services Milton General Fund/Charges for Services Johns Creek Customer Contract Roswell General Fund/Charges for Services Alpharetta General Fund/Charges for Services Palmetto General Fund/Charges for Services Chattahoochee Hills General Fund/Charges for Services Fairburn General Fund/Charges for Services East Point General Fund/Charges for Services Union City General Fund/Charges for Services 103 College Park General Fund/Charges for Services Mountain Park General Fund/Charges for Services Fulton County SFSSD/Charges for Services 104 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Environmental Health 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Mountain Park, Palmetto, Roswell, Sandy Springs, Union City and Milton 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 105 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? This service only includes those matters required by state general law. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted :July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) Formatted: Line spacing: Exactly 5 pt 106 SERVICE DELIVERY STRATEGY Services: Environmental Health Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Most environmental health activities, such as septic tanks swimming pools and restaurants inspections, are provided and will continue to be provided by Fulton County to the unincorporated and incorporated areas of Fulton County. However, other environmental health issues are addressed by each municipality, and each municipality will continue to provide such services within their respective city, per City Code, Charter and applicable law. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund 107 Sandy Springs General Fund Union City General Fund Fulton County General Fund/SFSSD 108 Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Environmental Regulation 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.) No map required Fulton County and all cities within Fulton County Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 109 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? This service includes those matters required by State General Law and by local ordinances and regulations 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 110 SERVICE DELIVERY STRATEGY Services: Environmental Regulation Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide environmental regulation services to the unincorporated areas of Fulton County. Each municipality within the county will continue to provide environmental regulation services within their respective city. FUNDING ARRANGEMENT S E R V I C E D E L I V E R Y Local Government Funding Method Alpharetta General Fund Atlanta General Fund/Enterprise Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County SFSSD 111 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Housing 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): (See Attached) Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 112 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: CDBG Cooperative Agreement Fulton County/Johns Creek FY 2015-2017 CDBG Cooperative Agreement Fulton County/Mountain Park FY 2015-2017 CDBG Cooperative Agreement Fulton County/Alpharetta FY 2015-2017 CDBG Cooperative Agreement Fulton County/Fairburn FY 2015-2017 CDBG Cooperative Agreement Fulton County/Hapeville FY 2015-2017 CDBG Cooperative Agreement Fulton County/College Park FY 2015-2017 CDBG Cooperative Agreement Fulton County/Chatt Hills FY 2015-2017 CDBG Cooperative Agreement Fulton County/Palmetto FY 2015-2017 CDBG Cooperative Agreement Fulton County/Union City FY 2015-2017 CDBG Cooperative Agreement Fulton County/Milton FY 2015-2017 CDBG Cooperative Agreement Fulton County/East Point FY 2015-2017 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? N/A 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 113 SERVICE DELIVERY STRATEGY Services: Housing Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: All City of Atlanta housing programs are provided only within the city limits of Atlanta. Fulton County is the lead service provider for most housing programs and services within Fulton County outside of the city of Atlanta. Fulton County provides the following services for unincorporated Fulton County and all cities except the City of Atlanta: Down Payment Assistance, Rental Rehabilitation Program, and Tenant Based Rental Assistance. Fulton County further provides the Housing Rehabilitation Program for unincorporated Fulton County and all cities except the City of Atlanta and the City of Atlanta provides this program for their residents. Fulton County works in cooperation with the City of Atlanta to abate taxes within the Ccity of Atlanta with the Housing Enterprise Zones. Fulton County and 11 cities also have cooperative agreements to provide community development and low income housing assisting through CDBG Grants. 114 Local Government or Authority Housing Program Offered Funding Method City of Atlanta Atlanta Affordable Home Ownership Program HOME Down Payment Assistance Program C.D.B.G. Multi-Family Housing Program NSP./HOME Targeted Housing Rehabilitation Pro gram C.D.B.G Senior Housing Rehabilitation Services CDBG Rebuilding Together Atlanta Roof Repair Program CDBG Neighborhood Stabilization Program (NSP1, NSP3) NSP Habitat for Humanity Down Payment HOME State Historic Property Tax Abatement Program Tax Abatement Federal Rehabilitation Investment Tax Credit Program Tax Abatement Tenant Based Rental Assistance Program HOME Atlanta Housing Authority Conventional Public Hearing Units Section 8 Voucher and Certificate Program HUD HUD College Park Housing Authority Conventional Public Housing Units HUD City of College Park/Fulton County Community Development and Low Income Housing Assistance CDBG City of East Point Housing Rehabilitation Program C.D.B.G. East Point Housing Authority Section 8 Voucher & Certificate Program Conventional Public Housing Units HUD Fairburn, Palmetto Housing Authority Conventional Public Housing Units HUD Fulton County Administrative Program Overnight Down Payment Assistance Program Housing Rehabilitation Program Rental Rehabilitation Program Tenant Based Rental Assistance Housing Enterprise Zones General Fund HOME C.D.B.G./HO ME HOME HOME Abate County Taxes Fulton County Housing Authority Conventional Public Housing Units Section 8 Voucher Certificate Program Tax Exempt Bond Program HUD H U D H U D Roswell Housing Authority Conventional Public Housing Units HUD City of Union City Conventional Public Housing Units HUD 115 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Parks 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek & Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 116 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 117 SERVICE DELIVERY STRATEGY Services: Parks Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Park services to the unincorporated areas of the Fulton County. Each municipality within the Ccounty will continue to provide Park services within their respective citycity. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/Fees Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund Roswell General Fund/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD /Fees 118 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Physical Health 1. Check the box that best describes the agreed upon delivery arrangement for this service: ✔ Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 119 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County Health Grant Fund (General Fund, State Grant-in-aid, Medicare Reimbursement) 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: (404) 612-0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 120 SERVICE DELIVERY STRATEGY Services: Physical Health Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Physical Health services to the unincorporated and incorporated areas of the Fulton County. This service is provided through the Fulton County Department of Health, whose mission is to promote, protect, and assure the health and wellness of the people of Fulton County. The Department is funded through the Health Grant Fund to allow for budget administration based on the State of Georgia’s Fiscal Year ending June 30th. The Grant fund is made up of the Fulton County General Fund, State grant-in-aid and fees from Medicaid clients. 121 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Planning & Zoning 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrangement (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 122 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 123 SERVICE DELIVERY STRATEGY Services: Planning and Zoning Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide planning and zoning services to the unincorporated areas of Fulton County. Each municipality within the Ccounty will continue to provide planning and zoning services within their respective city. FUNDING ARRANGEMENT . Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/Fees Chattahoochee Hills General Fund/Fees College Park General Fund/Fees East Point General Fund/Fees Fairburn General Fund/Fees Hapeville General Fund/Fees Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund/Fees Roswell General Fund/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD/Fees 124 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Solicitor 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 125 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Service may be provided via retained third-party vendors. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 126 SERVICE DELIVERY STRATEGY Services: Solicitor Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Solicitor services to the unincorporated areas of Fulton County, for county-wide offenses, jury trials originating in the several municipalities, and for offenses bound over from municipal courts from incorporated areas of Fulton County. Specifically, the Solicitor General of the State Court of Fulton County investigates and prosecutes misdemeanors and County ordinance violations arising in Fulton County. Each municipality within in the county provides and will continue to provide solicitor services within their respective city, for violations of city offenses as well as certain State law violations. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund 127 Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund/SFSSD . 128 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Street Construction & Maintenance 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 129 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Consent Order 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Street Construction and Maintenance within unincorporated Fulton County will be handled pursuant to the terms and conditions of the Consent Order entered in civil action 2009CV177235. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: Consent Order County and all Cities 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: (TBD) 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 130 SERVICE DELIVERY STRATEGY Services: Street Construction & Maintenance Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide street construction services to the unincorporated areas of the Fulton County pursuant to the terms and conditions of the Consent Order entered in civil action 2009CV177235. Each municipality within in the county will continue to provide street construction services within their respective city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Sandy Springs General Fund Union City General Fund Fulton County SFSSD/General Fund/Grants 131 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton Service: Storm Water 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 132 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Changes 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 133 SERVICE DELIVERY STRATEGY Services: Storm Water Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide storm water regulation services to the unincorporated areas of Fulton County. Each Municipality within the county will continue to provide storm water regulation services within their respective city. Fulton County and each municipality shall each be responsible for storm water services and maintenance related to property and storm water infrastructure owned and/or operated by that specific jurisdiction, or as required by any applicable agreements or as otherwise required by law. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Grant Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund 134 Palmetto General Fund Roswell Grant Fund/ Storm Water Utility Fund Sandy Springs General Fund/Grant Fund Union City General Fund/Storm Water Utility Fund Fulton County SFSSD/Storm Water Utility Fund 135 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Voter Registration 1. Check the box that best describes the agreed upon delivery arrangement for this service: ✔ Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 136 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 137 SERVICE DELIVERY STRATEGY Services: Voter Registration Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide voter registration services to the unincorporated and incorporated areas of the Fulton County. The County is responsible for registering all qualified residents of Fulton County. 138 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Workforce Development 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.):. Fulton County and City of Atlanta 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 139 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County General Fund and Grant Fund Atlanta Grant Funds 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: L a u r a Le w i s Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No 140 If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) SERVICE DELIVERY STRATEGY Services: Workforce Development Parties: Fulton County and the City of Atlanta. Strategy: Fulton County will continue to provide Workforce Development services to the unincorporated and incorporated areas of the Fulton County. City of Atlanta also provides Workforce Development within its jurisdiction. 141 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton Service: Jail 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): (If this box is checked, identify the government, authority or or ganization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach an UPDATED legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required. Fulton County, Alpharetta, Union City 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 142 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Jail service was not included as a service in the previous Service Delivery Strategy Agreement. The way the service is provided is not fundamentally changed, with the exception of the lease of jail space from Union City. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: IGA Fulton County and Union City 8/20/2013 - 12/31/2016 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: L a u r a Le w i s Phone number: 404-612-0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 143 SERVICE DELIVERY STRATEGY Services: Jail Parties: Fulton County, Alpharetta, and Union City. Strategy: Fulton County will continue to provide County-wide jail services for state-charged pretrial detainees at the Fulton County Jail. Fulton County also operates a satellite jail and provides municipal jail services through an IGA with Union City at the South Fulton Municipal Regional Jail in Union City. Fulton County further provides municipal jail services for the City of Alpharetta at the North Annex. FUNDING ARRANGEMENT Local Government Funding Method Union City General Fund Fulton County General Fund 144 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton Service: Homelessness 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): (If this box is checked, identify the government, authority or or ganization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach an UPDATED legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required. Fulton, Atlanta 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 145 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and the City of Atlanta See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? This service was previously provided jointly through the Tri-Jurisdictional Continuum of Care which received funding from HUD on behalf of DeKalb County, Fulton County, and the City of Atlanta. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Resolution to establish the Fulton County Continuum of Care, effective ? 7. Person completing form: L a u r a Le w i s Phone number: (404)612-0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes X No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 146 SERVICE DELIVERY STRATEGY Services: Homelessness Parties: Fulton County and the City of Atlanta Strategy: Fulton County, through its Continuum of Care, is the primary coordinating entity for homeless services within Fulton County, but outside of the City of Atlanta’s boundaries. FUNDING ARRANGEMENT Local Government Funding Method City of Atlanta General Fund/Grant Funds Fulton County General Fund/Grant Funds EXHIBIT A 147 SERVICE DELIVERY STRATEGY Contact Persons SERVICE DELIVERY STRATEGY FOR FULTON COUNTY Shall any state agency, when evaluating whether proposed local government projects are consistent with the service delivery strategy, the following shall serve as the designated contact persons for each jurisdiction, respectively: NAME: (Please print or type) TITLE: CONTACT INFO: Address/Phone #/email JURISDICTION: DATE: Jerolyn Webb Ferrari Deputy County Attorney 141 Pryor St., Ste.4038 Atlanta, GA 30303 404.612.0257 Jerolyn.ferrari@fultoncountyga.gov Fulton Bob Regus City Administrator Two South Main Street Alpharetta, GA 30201 678.297.6012 (phone) bregus@alpharetta.ga.us Alpharetta David Bennett Senior Policy Advisor City of Atlanta Office of the Mayor 55 Trinity Avenue Atlanta, GA 30303 404.330.6129 (work) 404.308.5141 (mobile) dbennett@atlanta.ga.gov Atlanta Jim Williams City Manager 6505 Rico Rd. Chattahoochee Hills, GA. 30268 770. 463-8881(phone) 770. 463.8550 (Fax) 770.463.8881 jim.williams@chatthillsga.us Chatt Hills Richard ChessTerrence R. Moore Jack P.Longino Interim City Manager Mayor 3667 Main Street2262 Mt. Zion College Park, GA 30337Jonesboro GA, 30236 4tmoore@collegeparkga.com 404.767.1537 College Park Agnes Beltran-Goodwine City Clerk City of East Point 1526 E. Forrest Avenue, Ste. 400 East Point, GA 30344 404.270.7090 (direct line) 404.290.4303 East Point Tom Barber City Administrator 56 Malone Street, P.O. Box 145 Fairburn, GA 30213 770.969.2853 (phone) tbarber@fairburn.com Fairburn Formatted: Indent: Left: 0" 148 William WhitsonBill Werner City Manager 3648 North Fulton Avenue Hapeville, GA 30354 404.669.2117 (phone) wwhitsonbwerner@hapeville.org Hapeville Richard A. Carothers City Attorney Carothers & Mitchell 1809 Buford Highway Buford, GA 30518 770-932-3552 (phone) Richard.carothers@carmitch.com Johns Creek Chris Lagerbloom City Manager 13000 Deerfield Pkwy, Bldg.100, Ste.107 Milton, GA 30004 678.242.2481 (phone) Chris.lagerbloom@cityofmiltonga.us Milton Brandon Bowen City Attorney 118 Lakeshore Drive Mountain Park, GA 30075 770.387.1373 (phone) bbowen@ga-lawyers.pro Mountain Park William H. “Bill” Shell City Administrator City of Palmetto P.O. Box 190 Palmetto, GA 30268 Palmetto Wendell Willard City Attorney 7840 Roswell Road Bldg. 300 Suite 330 Sandy Springs, GA 30350 770.481.7110 (phone) 770.481.7111 (fax) wkwillard@wendellwillard.com Sandy Springs Kay Love City Administrator 38 Hill Street Roswell, GA 30075 770-641-3727 (phone) klove@roswellgov.com Roswell Sonja Fillingame City Manager 5047 Union Street Union City, GA 30291 770.964.2288 (phone) srapson@unioncityga.org Union City Field Code Changed Formatted: Underline, Font color: Blue 149 SERVICE DELIVERY STRATEGY CERTIFICATIONS PAGE 4 Instructions: This page must, at a minimum, be signed by an authorized representative of the following governments: 1) the county; 2) the city serving as the county seat; 3) all cities having 1990 populations of over 9,000 residing within the county; and 4) no less than 50% of all other cities with a 1990 population of between 500 and 9,000 residing within the county. Cities with 1990 populations below 500 and authorities providing services under the strategy are not required to sign this form, but are encouraged to do so. Attach additional copies of this page as necessary. SERVICE DELIVERY STRATEGY FOR FULTON COUNTY We, the undersigned authorized representatives of the jurisdictions listed below, certify that: 1. We have executed agreements for implementation of our service delivery strategy and the attached forms provide an accurate depiction of our agreed upon strategy (O.C.G.A. 36-70-21); 2. Our service delivery strategy promotes the delivery of local government services in the most efficient, effective, and responsive manner (O.C.G.A. 36-70-24 (1)); 3. Our service delivery strategy provides that water or sewer fees charged to customers located outside the geographic boundaries of a service provider are reasonable and are not arbitrarily higher than the fees charged to customers located within the geographic boundaries of the service provider (O.C.G.A. 36-70-24 (2)); and 4. Our service delivery strategy ensures that the cost of any services the county government provides (including those jointly funded by the county and one or more municipalities) primarily for the benefit of the unincorporated area of the county are borne by the unincorporated area residents, individuals, and property owners who receive such service (O.C.G.A. 36-70-24 (3)). SIGNATURE: NAME: (Please print or type) TITLE: JURISDICTION: DATE: John Eaves Chair Fulton County David Belle Isle Mayor Alpharetta Kasim Reed Mayor Atlanta Tom Reed Mayor Chattahoochee Hills Jack P. Longino Mayor College Park Earnestine Pittman Mayor East Point Mario Avery Mayor Fairburn Alan Hallman Mayor Hapeville Mike Bodker Mayor Johns Creek Joe Lockwood Mayor Milton Jim Still Mayor Mountain Park J. Clark Boddie Mayor Palmetto 150 Jere Wood Mayor Roswell Russell K. Paul Mayor Sandy Springs Vince Williams Mayor Union City )NTERCOVERNn'IENTAL 11GREEn9EN'T FOR THE EXTRATERRITORIAL PRO VISION OF SEVER SERVICE BY FUUI'ON COUNTY TO CERTAIN PROPERTY LOCATED W1T111.N THE CITY OF MILTON TEAS IN'I'BRGOVCRNMIiN'I'AL AGRBCMCN'1', by and hehvicen the CITY OF MICTON, GEORGIrA, a polilicnl subdivision of the Stale of Gcorgin acting by and through its 'fly Council ("CITY OF MILTON"), mid FULTON COUNTY, GEORGIA, a political subdivision of the sinle of Georgia acting by and through its Board of Commissioners ("FULTON COUNTY"), with FUL'I'ON COUNTY and CITY OF MILTON hereinafter collectively rofered to as the "Parties," granting FULTON COUNTY the authority to provide Serer Service to ccrlyniin� parcels within the municipal limits of the CITY OF MIL'T'ON, is effective ns of this J- day of���L, , 2012 ([lie "BOeclive Dole"), WITNE8SETH: AVHEREAS, both prim• to the creamier of the CITY OF MILTON in Decentbe2006 and since That lime, FULTON CO1iVTY has provided tvnslewaler dislribulimt, collection, mrd U•cnbnent services ("Sewer Service") to ccrinill I) m•cels of Imtd located wilhbt the ntutticipnl boundary of the CITY OF M1L'I'ON; 1YHERErAS, pursuant to Article I\, Secliou fI, Paragraph III(n)(G) and (7) of the Georgia Constitution, FULTON COUNTY may not provide Sewer Scrvicc inside the boundary of the CITY OF MILTON except as olilemwiso provided by Inv or by contract with the CI'T'Y Olr i411L'I'ON granting FULTON COUN'T'Y the nulhoily to do so; WHEREAS, in December of 7.006, the Parties eticmed btlo mt Odergovcrnmcnlnl Agreement for the Provision of \Vee' and \Vnslewalm• Services (the "2006 ASneemcnl"), which has reunincd in elTccl until adoption by Fulton County nud the City of Millon of ibis Inle'govenmcolnl Agreement Jul the mitfiterritudill Provision of Sctver Service line "Agreement"); WHEREAS, (lie Parties desire to enter into Ilia Agreement to (1) continue rullom County's riulhmiznlion to provide new Sewer Service in Ina City of M1 I I) In cerinin parcels Iocnlel in [lie Dig Crack Service Alen and m the Little River Service Alen and (2) to nulhorizo Fallon Calmly Io continuo to provide Sewer Service, to include nminiemmce And repair, Io Inose developments where development is completed and Sewer Service is presently provided. NOW TIIBRHFORRz in considcrntimr or the manual pronuscs of the Parties And Ilio nuuanl bcncflts Bowing lion each Poty to the other, mid other good mid valuable considcrnlion cschmiged, the receipt and sumelency of which aide hereby acknowledged, Ilio Parties agree ns follows: Saction 1, Term and Tormlmnlion of the Agreement, ,file Term of this Agreement shnll commence as of the Effective Date (defined above) mud shall have a durnlion of fifty (50) years, as allowed by Atiicte IX, Section III, Paragraph I of fIn Constitution of the Slide of Ocorgia, or until otherwise mmended, modified and/or lembrnled by and between the Potties. The CITY Or MILTON mrd PULTON COUNTY agree that ellhe• Party may terminate This Agreement fm• convenience upon one hundred eighty (180) days written malice provided to the other pally; provided, however, flint Ilse ]'allies acknowledge and ngree (lint termination shall hnve no effect on existing installed infrostnmbue m• rullon County's authority to prnvido Sower Service to existing customers and otherwise own, maintain and repair ell ]nslnlled sewer inli•nslruclure as ofand rifler the (into oftenrinnuon• 2 SCCII011 A. Gantt ofSorvel Service Area to UOi.TOIV COUNTY. The CITY OF MILTON hereby acknowledges and agrees to Authorize the coalinuntiot of Sewer Service, to include ownership, repair mrd maintenance of existing sower hirraslnicture, in those Arens of ilia CITY Or IviiuroN depicted in orange on Ilia Sewer Service map attached hereto as Exhibit "A" wherein quid Sower Service iafn•Astnuchure was filly installed prior to the dote of this Agreement. This recognition shall not be construed ns allowing new sewer collocations within those mens and new sewer service shall not be authorized within such Arens. The CITY OF MILTON hereby grants to PUL•rON COUNTY Iia authority to provide new Smvcr Scrvica to Ihosc pmcels (including any fiuurc subdivision of (hose existing pm•ccls) depicted on the Sewer Service map colored blue moss-hnlched . New Sewer Service shall not he futhorized within those parcels colored green. Arty 101, unit, developnnent, consuiiclion, subdivision, building, phase or assemblage of land, however filled or iderlifncd, seeking now Sewer Suvicc must be located enflmdy and exclusively within an area of Exhibil "A" colored bloc cross•batched, mrd only properties that satisfy this requirement me eligible to obtain new Solve• Service front Pillion County. Fuliherniore, (lie installation of now Solver Service into nn rea colored bine cross•halched shall not serve as a basis or rationale to extend Sewer Service iHo nn (iron Ilial is not so colored, irrespective of the convenience, access, practicality, or nonri0nl cost associated with such extension, it being the iuleot of the parties that the blue cross- hatched frons shall serve as a fixed and definitive houudm•y for nolo Solve• Service ill the CITY MILTON, The arca of Exhibil "A" colors called onage mid blue crosshatched slmll collectively be referred to as the "Sower Service Aron." 7 Oct Oil a. Agrcontent to Provldcsewersm•vice to Server Service Aren, pUM'ON COUNTY hereby agrees to provide Sewer Service within the Sewer Service Arca, as described in Section 2 above, at such rates as nine determined by fUIJON COUNTY from time to lime and to submit invoices related to such cervico dircclly to the recipients Ihcrcor. pULTON COUNTY shall he responsible for all costs and liability related Ie providing Sewer Service, as authorized herein, and the CITY Op MILTON shall he responsible for an cost or linbility related to providing such service. All iofrnsb•uelure and iatcreals In Iond directly and exclusively nssocinted with [ho provision of Sewer Service in Ilio Sewer Service Area shall rcnnnin the properly of FULTON COUNTY, Seellon 4. Termination of Lrm•lier IGA m• Auuroved Mm, Willi respect to the csloblishnrern of the Sewer Service Area within Ilia municipal boundary of the City of Millon, rite tents of Ih[s Agrecmcni, in conjunction with the map attached as Gxhibit "A", shall supersede the lerms of any hnlergovemnimital Agreement (including, bill not limited to, till or any portion of the 2006 Agrocmetl that pertained (o Iho provision of wastewater or smnilm•y sewer services) or previously approved map, which nine hereby terminmed and repealed wilh respect to the bouudm•y for sower service within Ilse nnunicipal boundary of [lie City of Millett. This Agreement is not intended to terminate tiny wilions of the 2006 Agreement lhut relate to potable/drinking waler sevices. Scelimn S. Rniton LgA!q Sewer Avollnhlll(v Lhulted to Sever Servlco Arco, FULTON COUNTY agrees that no sewer permit(s) or any other representation concerning the availability or existence of Sewer Set -vice for a particular parcel of properly locnle<I within the municipal boundary of (Ito CI'T'Y OF NfILTON shall be made by FULTON COUNTY unless [he oil[li ty ofsueh parcel is located within [he Sewer Service Area as set forth i11 $Celiell 21 111111 no rcpresenlAlion shall be nada ns to the nvaiiabiltly of naw Scwe ocrvtcc shall be made unless the propely is located entirely within a parcel colored blue cross-halchLA on Qxhibil "A." Section G. General Provisions, A. Quforcennenl; ivcr. 'lite finilurc on the pori of mry P11rly to enforce nuy pnnvision of this Agreement shall not be consimed ns a waive• of Ilial Party's rights to enforce such provisions in Ilia finture. A waiver of ally term of This Agreement on Ilia pal of Ally Panty in one case shall mol be construed as n waiver bn any oflie• aid shall 1101 affect Ally other term oflhis Agreement. D. Ascienm n . This Agreement shall not be assigned by either Paly without Ilio Prior written consent ol'the 016011. C, QinIii g Qflec . This Agreement shall inure to the benctil of, and be binding Upon, lite CITY OF MIL"I'ON's And PULTON COUNTY's respeolivo successors, heirs and assigns. D. Entire Agreement. This Agreement contains the entire Agreement between ilia Pedes hereto And supersedes all previous or contemporaneous oral m• wrillen communications, represcnlalions, m• Agreements petainbng to Ilia subjccls Addressed heroin. G. Roortlkeen n ;. Doth parties Agree (lint line public shall have access, at all reasonable limes, to all documents and informnlion pertaining to Ilia services provided hercumier, subject to the provision of O.C.O.A. § 50.1840, et seq., And PULTON COUNTY agrees to require Any independent contractor providing services hcreunde• to Allow access by the CITY OF MILTON and [lie public to all documents subject to j disclosure Under applicnblc lnw. a ULTON COUNTY fiuiher agrees to require any independent contractor providing services hereunder to retain all public records in nccordance with applicable records retention and disposal requirements, including bill not limited In O.C.G.A. § 50.18-90, et .seq., and the Georgia Administrative Code. F. Notice . All notices given pursuant to Ire terms of this Agreement shall be in wriling and delivered in person or lrnnsmilted by certified mail, return receipt requested, posinge prepaid, or by utilizing the services of a nationally recognized overnight cosier service with signed verification of delivery. Notices shall be deemed given only when actually received at the address first given below with respect to each Pmiy. Notices required to be given to file CITY OF NULTON pursunnl to this Agreement shall be addressed as follows: \Yilh copies lo: �Inyo• Cilyoton 13000 Deerfield Parkway, Suite 107 Ylillon, Gcorgin 30004 City �lnlrnger City of �lihol 13000 Deerfield Parkway, Suite 107 Ron, Georgia 30004 Notices required to be given to FUL'I'ON COUNTY pursumd to Ibis Agreemcal shall be addressed as follows; Chairman Fuhor Comty Board ofConunissioncrs I41 Pryor Sircel, S.W., 10, Floor Allanla, Georgia 30303 G Will, copies lo: Director Pullon County Department of Water Resources Id I Pryor Strect, Suile 6001 Allnnln, Ocorgin 30303 ruhir¢ chmigcs in address shall be clleUivc only upon written notice bciug given by the CITY OF MILTON to PULTON COUNTY or by PULTON COUNTY Io the CITY OF MIL'T'ON vin one of the delivery methods described In (his Section. G. Govcrnii g Lnw mid Venue. 'Phis Agncmncnl shall be conslned mad govcmed in accoYlance will, the laws of the Slate of Georgia, mid proper venue for any actions raising out of This Agrecmcnl shall be III [lie Slate or Superior Coni ofhdlon County. H. No Third Party 1 i hts, This Agreement shall be exclusively for the beaefil of the Parties and shall 1101 provide ally Third-pm'lies with any remedy, claim, liability, reimbursement, causeofaction, or other right. 1. Ujimil ollable Circumslnncos. The performmee or non-perfornrnnce of Ally term o• provision of this Agreement shall be excused if (lie Party is reasombly precluded 0.0111 such Perfinmmec by tie occurrence of an uncontrollable circwnslonce. Such excuse of perPonnmeo or non-performmee shall be only to the minimum extent rensonably forced on such Party by such event, and Thal Party shall continue to perform nil oll,cr dulles and responsibilities hereunder. A Pnrly relying on the oceuneace of An uncontrollable circumstance as nn excuso for non-purfomonce of a duty required by this Agreement shall, as soon ns is rcasorably possible upon becoming aware ofsuch an event o11d its consequences, notify the other Party ofsumne and shall bike nil rensonable efforts to climina(e the Canso of such nom-performmllco 7 I find to resume fall pe•Pornmmice in accordance with (his Agreement. J. Comp r s. This Agrecmcnl rally he execulccl in one or more couu(crpais, tach of which shall constitute an original ltd fill of which logethen• shall cons[ilule bill one and Ilse same instillment. 11 shall not be necessary Thal tach signatory sign Ilia sate counterpart, provided, however, [lint tach has signed no identical counlerpal. K. Am1Lft to Lmnter Agreeneut. Each individual who cxccm(cs this Agrecntcnl oil behalf orhis or her respective Irnrly ngrces and represents that he or she is authorized Io do so and fiulher agrees and represents [lint this Agreement has been dilly passed upon by Ilia required governmental agency or boom in accordance with till applienble laws find sprend upon Ilia minutes lhercoC The Panics hereto agree Ihat this Agreement is an inlegovomumenlnl contract, and is allercd into pmrsanul to Article IX, Arlicle Ill, Parabraph I of Ilio Consld(ulion of the Stoic of Georgia of 1933. L. Ameudmenl. 'this Agreement may be modified at any time upon nmlunl written cousenl by resalolions of the CITY OF MILTON'S City Council and PULTON COUNTY'S Boad of Commissioners. M. Severability. if a court of competent jurisdiction renders any provision of (bls Agreement (o' Ally portion of a provision) to be illegal, invalid, or o[herwise unenforceable, (hal provision or portion of Iho provision will be severed, and the renmainder of this Agreement shnll continue (n fill force aul effect as If the invalid provision or potion were mol pat of this Agreement. IN NITNCSS N1110,119OK the paiics have caused this Agreement to be executed under seal as of the dale first above wrillea. slgnntures of follovbng page[ +3 A'I'TII I'ISD: h 6eq���� Sudie Gordon, City Clerk ATTRSTRD; CITY Ol Arm, 'I'ON, GEORGIA Ry: / Joe Lockwoo( royor 1rUL'I'ON COUN'T'Y, GEORGIA Clock to 1110 commission I Jo at }I. Raves, Ph.D., Chairmm( IPullin( Counly Board ol'Commissioncis APPROVRD AS 1'O POR14L• jV Oflice of the Fallon Counly Altomey laF;:IF I 1 f ,...:.� ���� ;� �h�` ,�jil, ,,i `•. t ,r 1, ri �.,• 31(x',' ; J 1114 rs At ff i �..,' fJ•. , i pop to 1 40 lit to !I'its I rl it Y FFF a to �. Jul ito lb J�'F I' y ii1 41 ism lopp;j .I j I' pI ,., is ,.t•' 1 - \. a a 8 N , � N EQ) a N C yo EXHIBIT\ j upp, 2 - �U Ls F p r R � a 3 \. a a 8 N , � N EQ) a N C yo EXHIBIT\ j upp, 2 - �U MOND AMRND111KNI'TO, IN'fIIRGOVRRN\1F,N'I'LIMA(.RlitsM171+NT FOR'fl m GX'I'RATERRI'CORIA1, I'ttOVISION OF SEWER SLRVICB DY FUI'11ON COUNTY •1'O CERTAIN 1'RONRRTY ),OCATIsD NVrr11l TIII; CITY OF M1IIJ,TON 'I'lis SGCONU Ab4JiND\41'sN'1' 'I'O '1'1111 IN"1'I?RGOVI3RNb41:N'I'AL AGkft3;vlltN'I' IaOR TIIR GX"I'RA'ffiRRITORIAL PROVISION OP SGWlilt SGRVICG, by and Uclwcea lhu CI'T'Y OF MILTON, GHORG1A, it political Subdivision orlhe Slate of Oeorgta nclhag by and Through its City Council ("CI'T'Y OF MIL'T'ON"). nod FULTON COUN'T'Y, GEORGIA, it pnlilicnl subdivision of the Stela of Gaorgin noting by and through its Board of Commissionurs ("PUUI'ON COUNTY") with FUIJON COUNTY find CI'T'Y OF MIIXON, harcinaller rclixred to an Thr. "I'nrlkit," granting FULTON COUNTY lite authority to provide Sewer Service to ce luIn ee•ecls wilhin the municipal city linlils oi'the CI'T'Y OI+ Mll:l'ON, is eMutivcnsol'Illisun (lily of J /7Nli/�l' 201A (Tho "GI'foclive —, Date"). 1YI'T'NP;SSI:'l'Il: 1VIIF,RI;AS, on Daccmhe• :i, 7.011., the I'nrtius hcroinlo mnlm•etl info un huergovenmuntal Agreement lbr Iixlmterfilorial Provision of Sewer .Service to CCdabl Property Locnle<I Nilhin the Cily ol'Mihon ("TGA"); mut NVIII?RPAS, attached to said ICA ns lixhilil A was n xeve• survicc nuap scllin); Ibrlh llac lountlnrics ol'tvhe•e suave• sevicc cxislutl or could be expanded; and NIIIS111iAS, ou January J, 2013, the 11 urlius npprovel Anrondmmnl Number I to the TGA (the City of Milton approved Amamllmnl Nuwher 1 It its Dcceuhm 17, 7.017. meeting) and replaced Ihc original Lxhibil A will it new Exhibit A, such new Exhibit A Icing it modilied Sewer service atnp scitinit lirril Ile bounerics of whcru sewer service existed or could be expended; and 11'lllil(I(AR, it ix I 11 intent of Ills eco [H Atrtom mon l Ia Inttl'y and otheI to rcal'lirnr ilia Inlergovernmenlnl Agreement eHl ilia Amendment Number I thereto in all par(iculnrs, except lhol Exhibil A (Ihc sower service nrnp) from Amendment Number I shnll shoed stricken and sludl ba ropluced with (ha attached Hxhihil A, which seeks to add it single pareal to (lie sower scrvicc nngr ns an addilionnl parcel far which Millen Counly nay provide sewer service; and \VIICKliAS, i( is Ihc inlcnl nl'lha Parties Ihnl Ihc Lily (:mmcil lin Ihc (:'ily ol'Mihnn shill he permilled motor this hrleq;uvernmoalnl Agrcemenl to unila(crolly militarize ntdilionnl pmrcuis that may be Invlidly sawured by Fulton Calmly without n requirement llml Ilio loulton ('ounly Heard o(Tom nissioners roliry such additional pnrccls fir sower scrvicc, NO1V'1'111iRF,1+OI(1;, in anosidctnlinn of Ihc unrlunl promises al'Ihc Pnrlics and Ihc mulunl hencrt(s (lowing from Inch Poly to Ihc other, and o(hur goad and valuable cwusidumlion uxchnngal, Ilio receipt nod sn0icioncy orwhich aro hereby ackuowledijcd, Ilia fatties agreo its tallows: (1)'I'hu sewer scrvicc nrnp ntlnchcd to Anrondmmd Number I to the Inlorgovcromanlnl Agreement its Exhibit A is hereby stricken in its entirely and replaced herewith with Ilia Allached sewer servica loop attached hereto ns Exhibit A; (1.)'I'hc Mihun ('i(y ('elicit shall hnva Ile rigltl by way of toenail annrail acliun Io unilaterally nulhorire Fulton County to provide sewer service to addilionnl parcels ovor and olwve those rcllecled in lixhibil A. In dolnjj so, Ilia following stipuhtltons shall Apply: n. A resolution and revised sever service mop aulhorizlag such additional pnrccls s in be prepared by tvlilwn nod fanvarm le (hu at County Depnruuctil ol'Public Works and Ilia Fuller Counly Monmger; b. Anew smvcr service map so Icmlel'ed shall 6e4;onnu l 100 V H sewer service map under Ibis Agreement wilhaul linrlhcr ncliou by either I'mly; c. No nulhorizmlon by the city of Mibon shall place upon Fallen Counly all obligation to extend sewer or sewer infrastructure. The decision ns to whether to provide sewer service to any Innrlicalar parcel within the City of Millon, even if' authorized by this Agrecmenl o• any liauro, unilateral nmdiliumion of the sewer service nmp, shall remain vested with Fullon county. (7)'I'he Dccenbcr 1, 7.012 Inlcrgovcnuncnbd Agrucmed is etlwr+visu botchy lolly nnilic(1 mad rcalTinnal. IN 1YI'I'NI?SS NIIGRLOP, Iho Pndics hove unused Ibis Agrcennonl Io be executed under seal as of I he dale first alxwe written. A'I'I't±S'I'I±D Sudiu Gordon, City Milk Twill if, of {fr' J �U) la AI'I'R(IVI±D AS'I'O DORM 1 )mcu orlhu Counly Attorney cfrY of nln;rc)� Jou Lo' c ) o(I, Mnyi Flila'ON COl/N'l'Y, OI(ORCIA In H. Raves, Ph.D., Chairman Fuhun Counly Ilenrcl of Canunissiencrs I(f:CfSS Anrfrit—Ira r, utl I I i?tl III tl'I' ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 30, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing Members to the City of Milton Comprehensive Plan Advisory Committee By Appointing Members from District 1, Post 1, District 1 /Post 2, District 2/Post 1, District 3/Post 1 and District 3/Post 2. MEETING DATE: Monday, December 7, 2015 Regular City Council Meeti ng BACKGROUND INFORMATION: (Attach 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 ~NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: /2071~ REMARKS I] You (D PHONE: 678.242.2500 I FAX : 678.242.2499 lnfo @cltyofmiltonga.usI www .cityofmiltonga .us 13000 Deerfield Parkway. Suite 107 I M ilton GA 30004 tI&1 ~Green~~. l\'ILDLIH Commumty 1e:'.:::J Cf R TIF fO ~ I M <E *** ® *Ce rti fied * r.;j; ioo • C ity of * , \ Ethics J -• 'l>.i.qt..# STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS TO THE CITY OF MILTON ADVISORY COMMITTEE FOR THE CITY OF MILTON COMPREHENSIVE PLAN UPDATE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on December 7, 2015 at 6:00 p.m. as follows: SECTION 1. That the Mayor and Each Councilperson shall nominate his or her designee for one (1) of seven (7) of the 16 positions on the Committee as follows; SECTION 2. That __________ (District 1/Post 1) is hereby appointed for a term commencing December 7, 2015 and ending on December 31, 2017 and, SECTION 3. That __________ (District 1/Post 2) is hereby appointed for a term commencing December 7, 2015 and ending on December 31, 2019 and, SECTION 4. That __________ (District 2/Post 1) is hereby appointed for a term commencing December 7, 2015 and ending December 31, 2017 and, SECTION 5. That __________ (District 3/Post 1) is hereby appointed for a term commencing December 7, 2015 and ending December 31, 2017 and, SECTION 6. That __________ (District 3/Post 2) is hereby appointed for a term commencing December 7, 2015 and ending December 31, 2019 and, SECTION 7. That the remainder of the 16 positions shall consist of the seven members of the City of Milton Planning Commission, the Chairman of the City of Milton Board of Zoning Appeals, and the Chairman of the City of Milton Design Review Board and shall serve on the Advisory Committee to the City of Milton Comprehensive Plan Update consistent with their terms on their respective board or commission. SECTION 8. That the Mayor and City Council shall choose one of the members of the Advisory Committee to the City of Milton Comprehensive Plan Update to be the Chairperson. SECTION 9. That this Resolution shall become effective upon its adoption. RESOLVED this the 7th day of December, 2015. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon