Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet CC - 07/11/2016 - City Council Agenda Packet - 7-11-2016
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, July 11, 2016 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for the City of Milton Police and Fire 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. 16-146) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 11, 2016 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the April 25, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-147) (Sudie Gordon, City Clerk) 2. Approval of a Professional Services Agreement between the City of Milton and David J. Hodges, P.E., P.C. for the Creation of Construction Specifications and Documents for Two Bridges at Providence Park. (Agenda Item No. 16-148) (Jim Cregge, Parks and Recreation Director) 6) REPORTS AND PRESENTATIONS 1. Discussion Regarding Community Septic Systems. (Carter Lucas, Assistant City Manager) 7) FIRST PRESENTATION 1. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct an Election (Bond Referendum). (Agenda Item No. 16-149) (Ken Jarrard, City Attorney) 8) PUBLIC HEARING 9) ZONING AGENDA 1. Consideration of RZ15-18 – To Amend the AG-1 (Agricultural) District, Chapter 64, Article VI, Division 2. (Agenda Item No. 16-124) (First Presentation at June 6, 2016 Regular City Council Meeting ) (Discussed at June 13, 2016 City Council Work Session (Kathleen Field, Community Development Director) 2. Consideration of RZ15-19 – To Amend the R-1 (Single Family Residential) District, Chapter 64, Article VI, Division 3. (Agenda Item No. 16-125) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 11, 2016 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Consideration of RZ15-20 – To Amend the R-2 (Single Family Residential) District, Chapter 64, Article VI, Division 4. (Agenda Item No. 16-126) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Kathleen Field, Community Development Director) 4. Consideration of RZ15-21 – To Amend the R-2A (Single Family Residential) District, Chapter 64, Article VI, Division 5. (Agenda Item No. 16-127) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Kathleen Field, Community Development Director) 5. Consideration of RZ15-23 – To amend the CUP (Community Unit Plan) District, Chapter 64, Article VI, Division 23. (Agenda Item No. 16-128) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Kathleen Field, Community Development Director) 6. Consideration of RZ15-24 – To Amend the Rural Milton Overlay for Single Family Type Uses (Sec. 64-1141). (Agenda Item No. 16-129) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Consideration to Amend Chapter 50, Subdivisions, and Creating Section 50-162, Rural Design. (Agenda Item No. 16-130) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Kathleen Field, Community Development Director) 2. Consideration to Amend Chapter 48, Streets, Sidewalks, and other Public Places. (Agenda Item No. 16-132) (First Presentation at June 6, 2016 Regular City Council Meeting) (Discussed at June 13, 2016 City Council Work Session) (Carter Lucas, Assistant City Manager ) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 11, 2016 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Consideration of A Resolution Appointing Steven Krokoff As City Manager. (Agenda Item No. 16-150) (Mayor Joe Lockwood) 2. Consideration of the Approval of a Waiver of Conflict Regarding Jarrard & Davis, LLP’s Relationship with Pond & Company in Relation to the Representation of the City of Milton in Connection with Pond & Company Entering into an Agreement for Services which are Generally Described as a Roundabout Design for the Intersection of Freemanville Road at Providence Road. (Agenda Item No. 16-151) (Ken Jarrard, City Attorney) 3. Consideration of a Utility and Fiber Easement Agreement by and between the City of Milton and Verizon Wireless LLC d/b/a Verizon Wireless respecting the Providence site. (Agenda Item No. 16-152) (Ken Jarrard, City Attorney) 4. Consideration of an Intergovernmental Agreement for Use and Distribution of Proceeds Generated by the 2016 Transportation Special Purpose Local Option Sales Tax Referendum. (Agenda Item No. 16-153) (Carter Lucas, Assistant City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Public Works 2. Police 3. Economic Development 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 16-154) The minutes were provided electronically HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTION't ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 5, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and David J. Hodges, P.E., P.C. for the Creation of Construction Specifications and Documents for Two Bridges at Providence Park. MEETING DATE: Monday, July 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (j4PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.)'(ES / J NO CITY ATTORNEY REVIEW REQUIRED: (44ES () NO APPROVAL BY CITY ATTORNEY: UKPPROVED /)NOT APPROVED PLACED ON AGENDA FOR: u -1110 -mil; REMARKS: © * YFFI® _ PHONE: 678.242.25001 FAX: 678.242.2499G'reen • Commuei Old IMoQcityclmllton0ams I w .cllyafmiHon9a.us wYi� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - """°'°° `^"•" - o Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on June 23, 2016 for the July 11, 2016 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and David J. Hodges, P.E., P.C. for the Creation of Construction Specifications and Documents for Two Bridges at Providence Park ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Professional Services Agreement between the City of Milton and David J. Hodges, P.E. P.C. for the creation of construction specifications and documents for two bridges at Providence Park. Executive Summary: A previous inspection of the bridges at Providence Park has revealed that one bridge must be demolished and replaced. A second bridge must be created to provide maintenance vehicle access across the creek to get to the northeast side of the park. This contract will result in the design and construction documents required to go to the market to get these bridges built. Funding and Fiscal Impact: David J. Hodges, P.E., P.C. is the recommendation of Signature Research, the organization we used to evaluate the bridges and dock at Providence Park. There is sufficient funding available in the Capital Fund for Providence Park to cover the fee of $2,500.00. Page 2 of 2 Alternatives: The only alternative is to go back to the market and find an alternate service provider. This work must be performed. Legal Review: Sam Van Volkenberg – Jarrard & Davis (June 22, 2016) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): 1) Professional Services Agreement David J. Hodges, P.E., P.C. HOME OF ' M I LTON rsTAnU51IED 27 PROFESSIONAL SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000 OR LESS CREATION OF CONSTRUCTION SPECIFICATIONS AND DOCUMENTS FOR TWO BRIDGES AT PROVIDENCE PARK This Professional Services Agreement ("Agreement") is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 13000 Deer field Parkway, Suite 107F, Milton, GA 30004 (hereinafter referred to as the "City"), and David J. Hodges, P.E., P.C., a Georgia Domestic Profit Corporation, having its principal place of business at 83 Oakdale Path, Dallas, GA 30157(herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: the creation of construction specifications and documents for the construction of two bridges at Providence Park (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "A", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "A", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before July 31, 2016 (provided that certain obligations will survive term ination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed 2,500.00 (the "Maximum Contract Price"), except as outlined in Section 4 above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon a flat fee that includes all reimbursements for costs and expenditures. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant's Representative; Meetings. Mr. David J. Hodges shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Parry of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") 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 2 to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This 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. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Independent Contractor. Consultant 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 City. Consultant 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; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit `B", attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (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 Consultant'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, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant 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 Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant 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 "D", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant'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. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. _X Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(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. J. Ethics Code; Conflict of Interest Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City 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 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. Consultant and City 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 the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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, Consultant agrees that, during performance of this Agreement, Consultant, 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, Consultant 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. M Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights, This Agreement, including any exhibits hereto, 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. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia —Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as 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 first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. Aureement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties 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. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, 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 as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 5 CONSULTANT: David J. Hodges, P.E., P.C. Signature: Print Name: VhV t � 3, h 0 v 6;55 Title: President (Corporation) [CORPORATE SEAL] Attest/Witness: Signature: Print Name: MJ, Title: � , • • • • •, • (Assiita t):, o ecro,tary (required if corporation) CITY OF MILTON, GEORGIA 24, 2017 ; Attest: Signature Print Name: _ Title: City Clerk Approved as to form: City Attorney a ` "% By: Joe Lockwood, Mayor [CITY SEAL] 0 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower 2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 ANNUAL REGISTRATION *Electronically Filed* Secretary of State Filing Date: 1/18/2016 1:29:02 PM '1 F CONTROL NUMBER 13404092 BUSINESS NAME DAVID J. HODGES, P.E., P.C. BUSINESS TYPE Domestic Profit Corporation EFFECTIVE DATE 01/18/2016 ADDRESS 83 OAKDALE PATH, DALLAS, GA, 30157, USA ao��iIk0,s,R��A r ` NAME ADDRESS DAVID J HODGES 83 OAKDALE PATH, Paulding, DALLAS, GA, 30157, USA NAME TITLE ADDRESS David Jason Hodges CEO 83 OAKDALE PATH, DALLAS, USA David Jason Hodges CFO 83 OAKDALE PATH, DALLAS, USA David Jason Hodges SECRETARY 83 OAKDALE PATH, DALLAS, USA DAVID J HODGES 1630 ROBERTS DRIVE SE, MABLETON, USA DAVID J HODGES 83 OAKDALE PATH, DALLAS, USA MARK C. BRYANT, CPA 1329MILLSTREAM TRAIL, LAWRENCEVILLE, USA A, fi11sUIO AUTHORIZER SIGNATURE David J. Hodges AUTHORIZER TITLE Officer 3 r " knonow Brian P. Kemp Secretary of State EXHIBIT "A" Contractor shall design two bridges for use at Providence Park and create signed and sealed construction drawings for each bridge. The first bridge crosses the ditch that allows water to drain out of the former rock quarry. This bridge will be intended for pedestrian use only. It will be at least sixteen feet in length and at least six feet in width. The bridge will have hand rails and side protection consistent with industry safety standards. The bridge shall be made predominantly of wood. The second bridge will connect the maintenance road to the existing amphitheater. This bridge will be intended for use by pedestrians and vehicles. It will be a culvert bridge using two 18" concrete tubes. The bridge will be at least sixteen feet in length and at least sixteen feet in width. The bridge will have hand rails and side protection consistent with industry safety standards. The bridge railings shall be made predominantly of wood. The flat fee covers any corrections or revisions to the drawings that are not the result of any design changes. Should the city of Milton seek to re -design the bridge, there would be additional cost. Should the city of Milton need additional clarification on the design, a revised drawing would be issued with no additional cost incurred. ® A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/22/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Newtek Insurance Agency 301 Mexico Blvd. Suite H4 -A Brownsville TX 78520 CONTACT Rolando Gonzalez NAME: PHONN fA Ext. (866)380-7007 AIC Not: (866)648-0916 ADDRESS: insurance servicing@thesba.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Senti.nel Insurance Company Ltd 11000 INSURED David J Hodges PC 83 Oakdale Path Dallas GA 30157 INSURER B Axis Insurance Company 37273 INSURER C : INSURER D: INSURER E: 1 INSURER F : rrnvconrxFc RFi2TIFIrATF NI IMRFR CL1662211300 REVISION NUMbt_K: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE N DLI UBDRI POLICY NUMBER EFF MM/DDIIYYYY I MLICY M%DDYlYYYY LIMITS Milton, GA 30004 X I COMMERCIAL GENERAL LIABILITY ' `_e' Kyle Sloane/KARA EACHCURRENCE S 1,000,000 'AMAOC PREMISES Ea ccurrence S 1,000,000 A CLAIMS -MADE ❑X OCCUR M ED EXP (Any one person) $ 10,000 X Y 42SBARV8945 11/11/2015 11/11/2016 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 PRODUCTS -COMP/OPAGG S 2,000,000 X POLICY ❑ PECTRO ❑ LOC J Employment Practices Liability $ 10,000 OTHER: I AUTOMOBILE LIABILITY A I COMBINED SINGLE LIMIT cci$ Ea adent) BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS I ERT nDAMAGE ROPTY r $ $ i UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE is EXCESS LIAB CLAIMS -MADE DED I I RETENTIONS I $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVENIA STATUTE ERH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE S OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - POLICY LIMIT S If yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liability 42RDGNA0897 11/11/2015!11/11/2016 Limit $ 1,000,000 Claims Made Retro Date 11/11/2014 Aggregate $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability policy contains a blanket additional insured endorsement and blanket Waiver of Subrogation endorsment with provisions of a written contract. Certificate Holder is considered an additional insured on the General Liability policy provided there is a written contract. Waiver of Subrogation applies per written contract. n�r�rrrrre�c unr nco CANCFI I ATIOKI jim.cregge@cityofmiltonga. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 Deerfield Parkway ACCORDANCE WITH THE POLICY PROVISIONS. #107 AUTHORIZED REPRESENTATIVE Milton, GA 30004 ' `_e' Kyle Sloane/KARA V 1 VIJO-ZU14 At-UKU t.UKt'UKA I IUN. All rlgnts resarveu. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (5-01401) STATE OF _ COUNTY OF EXHIBIT "C" 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: $30 3i4 Federal Work Authorization User Identification Number 14 00-"&-rs . Date of Authorization David J. Hodges, P.E., P.C. Name of Contractor CREATION OF CONSTRUCTION SPECIFICATIONS AND DOCUMENTS FOR TWO BRIDGES AT PROVIDENCE PARK Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on G z 3 , 20 16 in CA! I ►--Vcx.1 (city), G A (state). Signature of Authorized Officer or Agent DAVID ). H o'z> &. 3 Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE Z_-'3 3 DAY OF 20�. NdTAkY PUBLIC [NOTARY SEAL] .��pN�R,M'T �. OTA E\PFRP • GEUI:GI.A My Commission Expires:: n JUIY24.2017 ;ti'•� r,;, �� STATE OF COUNTY OF 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 David J. Hodges, P.E., P.C. 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 CREATION OF CONSTRUCTION SPECIFICATIONS AND DOCUMENTS FOR TWO BRIDGES AT PROVIDENCE PARK Name of Project City of Milton, Georgia A f % Name of Public Employer 6 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 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 .20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: HOME OF' HE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 5, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct an Election (Bond Referendum) MEETING DATE: Monday, July 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (y,vPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.<YES () NO CITY ATTORNEY REVIEW REQUIRED: (4-fES () NO APPROVAL BY CITY ATTORNEY: (,?APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: V,71111 -Luk, REMARKS: © * Taum PHONE: 678.242.25001 FAX: 678.242.2499jj iGreen � '� afld Commu, i t Info�cltyofmlHonpa.uswww.cXyolmiHonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - ""^"'° •"°"'° - s Page 1 of 2 To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on June 30, 2016 for the July 11, 2016 Regular Council Meeting (First Presentation) and July 25, 2011 Regular Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election ____________________________________________________________________________ Department Recommendation: Approve the attached ordinance authorizing Fulton County to Conduct Election. Executive Summary: On November 8, 2016, an election will be held in the City of Milton pertaining to a bond referendum. O.C.G.A. §21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the contract is attached to the ordinance and incorporated therein. Funding and Fiscal Impact: The General Election fee of $62,282.00 will be included in the FY2017 budget. This is the City’s pro-rata share of the expected actual cost to be incurred by Fulton County to complete the election plus a 10% administrative fee. This election fee will be maintained by Fulton County in a separate election account. Following the election, the actual costs of the election will be determined, as well as the City’s pro-rata share of those actual costs. Within 90 days after the election, Fulton County will furnish a refund of any excess fees paid by the City. If any actual costs are incurred by Fulton County in addition to Page 2 of 2 the fee described above, the County will issue an invoice to the City for the additional amount at that time. Alternatives: N/A Legal Review: Elizabeth Whitworth – Jarrard & Davis (July 30, 2016) Concurrent Review: Ken Jarrard, City Attorney Steve Krokoff, City Manager Attachments: Ordinance of the City Council to Authorize Fulton County to Conduct Election Intergovernmental Agreement for the Provision of Election Services between Fulton County, Georgia and City of Milton, Georgia Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on July 25, 2016 at 6:00 p.m. as follows: WHEREAS, on November 8, 2016, an election pertaining to a bond referendum will be held in the City of Milton; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the same, as follows: 1. Approval of Contract and Authorization to Execute. The Mayor is authorized to enter into a contract with Fulton County to conduct this election approved by the Georgia Secretary of State, which contract is attached hereto and incorporated herein and expressly approved by the Council. 2. Revocation. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Page 2 of 2 4. Effective Date. This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 25th day of July, 2016. Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk ______________________________ _______________________________ Karen Thurman, Councilmember Burt Hewitt, Councilmember (District 1/Post 1) (District 1/Post 2) ______________________________ _______________________________ Bill Lusk, Councilmember Matt Kunz, Councilmember (District 2/Post 1) (District 2/Post 2) __________________________ _______________________________ Joseph Longoria, Councilmember Rick Mohrig, Councilmember (District 3/Post 1) (District 3/Post 2) INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ELECTION SERVICES BETWEEN FULTON COUNTY, GEORGIA and CITY OF MIL TON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT is entered into this __ day of November, 2016, between Fulton County, Georgia ("County"), a political subdivision of the State of Georgia, and the City of Milton, Georgia ("City"), a municipal corporation lying wholly or partially within the County. WHEREAS, the parties to this Agreement aloe both governmental units; and WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient and cooperative relationship that will promote the interests of the citizens of both jurisdictions; and WHEREAS, both parties are interested in serving the needs of the citizens of the City by the County providing for the services of conducting the election pertaining to a bond referendum in to be held in November, 2016; and WHEREAS, the City desires to contract with the County to conduct this election for the citizens of the City pursuant to the applicable laws of the State of Georgia; and WHEREAS, the City and the County are authorized by Art. IX, Sec. III, Par. I of the Constitution of the State of Georgia to contract for any period not exceeding fifty (50) years for the provision of facilities or services which they are authorized by law to provide, including an agreement for the conduct of the City elections; and WHEREAS, O.C.G.A. § 21-2-4S(c) authorizes the governing authority of any municipality to contract with the county within which that municipality wholly or partially lies to conduct any or all elections; and WHEREAS, pursuant to O.C.G.A. § 21-2-45(c), a municipality may by ordinance authorize a county to conduct such election(s), and the City has adopted such an ordinance; and WHEREAS, the Fulton County Board of Registration and Elections ("BRE") has jurisdiction over the conduct of primaries and elections and the registration of electors in the County; and WHEREAS, the BRE, among other things, is responsible for the selection and appointment of the elections Superintendent, who selects, appoints, and trains poll workers for elections; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: ARTICLE 1 CONDUCT OF ELECTIONS 1.1 This Agreement will govern the conduct of the November 2016 election pertaining to the bond referendum, including any and all runoffs which may be necessary. It is the intent of the parties that this election be conducted in compliance with all applicable federal, state and local legal requirements. 1.2 For each City election, City, at its sole option, shall submit to County a request in the form attached hereto as Exhibit A. Requests must be made in conformance with O.C.G.A § 21-2- 540, now and as it may be amended hereafter, to the address specified in the Notice Section below. If a timely request is not made, the County shall have no obligation to conduct the City election which was the subject of the request. 1.3 In the event any special City election becomes necessary, the City and the County shall confer and determine a mutually convenient date as allowed by law to conduct any such election. ARTICLE 2 TERM OF AGREEMENT This Agreement shall commence on the date that it is executed by or on behalf of the governing authority of Fulton County, Georgia and will terminate on December 31, 2016, unless otherwise terminated as set forth herein. ARTICLE 3 DUTIES AND RESPONSIBILITIES Pursuant to this Agreement, each party shall provide the following enumerated services for the election to be held November 8, 2016: 3.1 Upon receipt of request to perform a City election, and the agreement to conduct a City election, the County through the Superintendent or their designee(s) shall be responsible for: a) Designating early and advance voting sites and hours; b) Placing the City's referendum question(s) on the ballot for a City election after timely written notice from the City is received by the County (which such notice shall include all necessary details and information); c) Hiring, training, supervising and paying poll officers and absentee ballot clerks; d) Preparing and submitting to the City Clerk, as required by state law O.C.G.A. § 21-2-224(e), now and as it may be amended hereafter, a list of electors. e) Performing duties of elections Superintendent, and absentee ballot clerk for the November 8, 2016 City election; Page 2 ofl2 f) Performing logic and accuracy testing as required by Sections 183-1-12-.02 and .07 of the Official Compilation of Rules and Regulations of the State of Georgia, now and as they may be hereafter amended; g) Providing staff, equipment and supplies for conducting the November 8, 2016 City election at City polling places on City election days and for conducting recounts as may be required; h) Certifying City election returns as required by state law O.C.G.A. § 21-2-493, now and as it may be amended hereafter, and submitting certified City election returns to the Georgia Secretary of State and City Clerk or as otherwise directed; i) Upon a change in City precincts or voter districts, notifying City residents of any change in voting districts and/or municipal precincts; and 3.2 The City shall be responsible for: a) Adopting Election resolutions pursuant to O.C.G.A. § 21-2-45(c), now and as it may be amended hereafter, and calls for special City elections as required by O.C.G.A. § 21-2-540, now and as it may be amended hereafter; b) Placing advertisements in the City'S legal organ regarding calls for special City elections, as required by state law O.C.G.A. § 21-2-540, now and as it may be amended hereafter; c) Not less than 30 days prior to Election Day, verify the accuracy of the voter list(s) for City residents; d) Providing the County with a detailed map showing the City'S municipal boundaries and voting district boundaries; e) For all aspects related to the issuance of bonds by the City, except for City referendum election duties specifically requested of the County as provided herein; f) Notifying the County immediately of the need for a special City election including election races and/or ballot referendum questions; g) Provide the County the ballot language for any election, including election races and/or ballot referendum questions, seventy-five (75) days before Election Day for an election that contains a federal contest and sixty (60) days before Election Day for all other elections; h) Providing the County with an electronic copy of referendums that must be placed on a ballot; Page 3 of 12 i) Reviewing ballot proofs and notifying County of corrections or approval within twenty-four (24) hours of receiving proofs for candidate listings; and j) Otherwise cooperating with the County in the performance of this Agreement and providing the County such documentation and information as it may reasonably request to facilitate the performance of its duties under this Agreement. ARTICLE 4 COMPENSATION AND CONSIDERATION 4.1 Pursuant to this Agreement and O.C.G.A. § 21-2-2-45(c) now and as it may be amended hereafter, the City shall pay to the County all costs incurred in performing the functions agreed upon herein, plus a 10% administrative fee, and City agrees to pay County the actual costs incurred by County in conducting City elections as stated on the County's invoice. City shall remit said funds to County within thirty (30) days of receipt of invoice. 4.2 For City elections that are to be conducted contemporaneously with a countywide election, the City will share in the costs of conducting the election, plus a 10% administrative fee of the actual election and runoff costs based on the municipality's pro-rata share of the number of electors in the municipality versus the total number of electors in the County. i) An estimate of the City's pro-rata share of the election and runoff costs based on the number of electors will be provided to the City and 75% ofthat amount is due to the County ninety (90) days prior to Election Day. ii) Following the election and runoff, the actual costs of the election and runoff will be determined, as well as the City'S pro-rata share of the actual costs. iii) If based on the estimated election costs a refund is due to the City said refund will issue within ninety (90) days after the election and runoff election. iv) If based on the estimated election costs the City owes the County an additional amount for the election and runoff, the County will issue an invoice for that amount which is due and payable within thirty (30) days of receipt. 4.3 For City elections that are not conducted contemporaneously with a countywide election, the City will pay the actual cost of such election and runoff based on a budget prepared in accordance with the form attached hereto as Exhibit B. i) The City will pay the County the sum determined in Exhibit B for the election to be maintained in a separate election account. Said amount is due ninety (90) days prior to Election Day. ii) Following the election and runoff, the actual costs of the election and runoff will be determined. iii) If based on the payment made in compliance with Exhibit B a refund is due to the City said refund will issue within ninety (90) days after the election and runoff election. Page 4 of 12 iv) If based on the payment made in compliance with Exhibit B the City owes the County an additional amount for the election, the County will issue an invoice for that amount which is due and payable within thirty (30) days of receipt. 4.4 Failure to timely remit the funds owed will result in a 10% per month penalty. ARTICLE 5 LEGAL RESPONSIBILITIES 5.1 The City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registration and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs, including, but not limited to, court costs and attorney fees for the County Attorney or outside counsel, incurred by the County as a result of any such claim or litigation. The City shall make payment of such reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. 5.2 In the event that a City election is contested, the City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any contested City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registrations and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs incurred in responding to the election challenge, including, but not limited to, attorney's fees for the County Attorney or outside counsel and all expenses associated with the election challenge and any appeals thereafter. The City shall make payment of such reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. If a second election is required, such election will constitute a City Election under this Agreement and shall be conducted in accordance with the terms of this Agreement. 5.3 To the extent allowed by law, the City agrees to defend and hold harmless the County with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the County may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the City and/or its employees. 5.4 To the extent allowed by law, the County agrees to defend and hold harmless the City with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the City may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the County and/or its employees. 5.5 It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. Page 5 of12 5.6 Should it be necessary to comply with legal requirements that any of the County's personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. ARTICLE 6 EMPLOYMENT STATUS 6.1 All County personnel assigned under this Agreement are and will continue to be employees of the County for all purposes, including, but not limited to: duties and responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training, workers compensation and disciplinary functions. 6.2 All County personnel assigned under this Agreement are and will continue to be part of the Fulton County Department of Registration and Elections and under the supervision of the Superintendent. 6.3 All City personnel assigned under this Agreement are and will continue to be employees of the City. ARTICLE 7 RECORDKEEPING AND REPORTING 7.1 The County Registration and Elections Department is the central repository for all departmental records and makes available public records as defined and required by the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq., O.C.G.A. § 21-2-51 and O.C.G.A. § 21-2-72, now and as they may be amended hereafter. During the term of this Agreement, the County will continue to comply with the applicable provisions of the Georgia Open Records Act and the Georgia Election Code. 7.2 Except as limited by any provision of state or federal law, the City may request, review and access data and County records at a mutually agreed upon time to ensure compliance with this Agreement. ARTICLE 8 TERMINATION AND REMEDIES Either party may unilaterally terminate this Agreement, in whole or in part, for any reason whatsoever by notice in writing to the other party delivered at least thirty (30) days prior to the effective date of the termination. ARTICLE 9 NOTICES All required notices shall be given by certified first class U.S. Mail, return receipt requested. The parties agree to give each other non binding duplicate facsimile notice. Future changes in address shall be effective upon written notice being given by the City to the County Elections Superintendent or by the County to the City Manager via certified first class U.S. mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: Page 6 of12 If to the County: Fulton County Board of Registration and Elections Attn: Director 130 Peachtree St SW, Suite 2186 Atlanta, Georgia 30303 With a copy to: Fulton County Office of the County Attorney Attn: County Attorney 141 Pryor Street SW, Suite 4038 Atlanta, Georgia 30303 If to the City: City Manager With a copy to: City Attorney ARTICLE 10 NON-ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. ARTICLE 11 ENTIRE AGREEMENT The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. No representation oral or written not incorporated in tills Agreement shall be binding upon the City or the County. All parties must sign any subsequent changes in the Agreement. Page 7 of 12 ARTICLE 12 SEVERABILITY, VENUE AND ENFORCEABILITY If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement is governed by the laws of the state of Georgia without regard to conflicts of law principles thereof. Should any patty institute suit concerning this Agreement, venue shall be in the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. ARTICLE 13 BINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the respective parties' successors. ARTICLE 14 COUNTERP ARTS This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 8 of 12 IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. FUL TON COUNTY, GEORGIA APPROVED AS TO SUBSTANCE: (Seal) Chair, Board of Commissioners Attest: -------------------------- Clerk to Commission Date: ---------------- ATTEST: APPROVED AS TO FORM: Fulton County Attorney's Office APPROVED AS TO SUBSTANCE: Richard Barron Director, Fulton County Board of Registrations and Elections SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 9 of 12 CITY OF MILTON, GEORGIA _________ (SEAL) Mayor Date: ---- Municipal Clerk (SEAL) APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: City Attorney City Manager P:\CAContracts\Elections\6.24.16 Milton CONTRACT November 20 16.doc Page 10 of 12 EXHIBIT A As per the Agreement executed on , THE CITY OF MIL TON hereby requests that Fulton County conduct its Special Election on November, 8th 2016 within the boundary of Fulton County. The last day to register to vote in this election is October 8, 2016. The list of early voting locations will be forthcoming. This day of , 20_. (SEAL) Municipal Clerk The Fulton County Board of Registrations and Elections agrees to conduct the CITY OF MILTON Special Election on November 8, 2016 within the boundary of Fulton County. This day of , 20_ (SEAL) Elections Superintendent Fulton County Board of Registrations and Elections Page 11 of 12 MIL TON SPECIAL ELECTION - 11/8/2016 350-265- EXHIBIT B COST 1001 SALARIES - OVERTIME Admin.lElections/Registration/I.T.I Public Safety/Election Day $10,883.00 SALARIES TEMPORARY STAFF 11,626.00 EARLY VOTING TEMPORARY STAFF 1010 SOCIAL SECURITY-SALARIES $2,179.00 1011 SOCIAL SECURITY -MEDICARE $605.00 1060 UNEMPLOYMENT INS $80.00 1120 - RENTAL EQUIPMENT $3,628.00 1121 - RENTAL BUILDINGS $883.00 1159 HOURLY FEE PERSONNEL Poll Worker Pay and Training Class Fee Election Day Technicians Election Night Workers HOURLY FEE PERSONNEL $10,437.00 1160 PROFESSIONAL SERVICES Attorney Fees/Mise TOTAL PROFESSIONAL SERVICES $950.00 1169 FEES BRE Board Meeting Fees TOTAL BRE FEES $40.00 1342 ADVERTISING Advertisment 4,011.00 TOTAL ADVERTISING 1346 MILEAGE TOTAL 1346 MILEAGE $37.00 1452 VEHICLE SUPPLIES Gasoline $1,259.00 TOTAL 1452 VEHICLE SUPPLIES MIL TON SPECIAL ELECTION - 11/8/2016 350-265- EXHIBIT B 1456 POSTAGE Mailing of Absentee Ballots Letters to voters, candidates, poll workers Mailing of Precinct Cards $1,174.00 TOTAL POSTAGE 1459 PRINTING & BINDING Opening & Closing Instructions and SOVC's & PW Manuals $1,708.00 TOTAL 1459 PRINTING & BINDING 1461 PHOTOCOPIES Sample Ballots & Letter of Instructions $89.00 1462 OFFICE SUPPLIES Test Deck, Ballot Setup Fee, Ballot Cards, Supplies TOTAL 1462 OFFICE SUPPLIES $3,415.00 1501 INS H $744.00 1505 INS L $31.00 1510 INS D $37.00 15121NSV $12.00 1522 RET $1,047.00 1525 PENE $67.00 1527 DC CONTR $1,475.00 1529 DC CONTR $203.00 SUBTOTAL $56,620 ADMINISTRATIVE FEE - 10% $5,662 GRAND TOTAL MIL TON SPECIAL ELECTION $62,282 8-Nov-16 Invoice _- --- - ,..._ _ • J ,.. -- _" --- r""" .," r, - -;w -.,., -"~ - fULTON COUNTY Fulton County Department of Registration and Elections 130 Peachtree Street, SW Suite 2186 Atlanta, Georgia 30303 Phone: (404) 612-7020 Fax: (404) 730-7024 Date: 6/27/2016 INVOICE # MIL 1182016 City of Milton City Clerk's Office 13000 Deerfield Parkway TO Suite 107 Milton, GA 30004 678-242-2522 Attn: Ms. Sudie Gordon Qty Description Total Advance Costs to Conduct 1 Special Municipal Election $56,620.00 City of Milton, November 8, 2016 2 Administrative Fee -% 10 $5,662.00 $62,282.00 Make all checks payable to: FULTON COUNTY DEPARTMENT OF FINANCE I HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' AL MILTONV ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 7, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of RZ15-18-To Amend the AG -1 (Agricultural) District, Chapter 64, Article VI, Division 2. MEETING DATE: Monday, July 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( rAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,U'S'ES NO CITY ATTORNEY REVIEW REQUIRED: (0ES () NO APPROVAL BY CITY ATTORNEY: (,kAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 07110211t, REMARKS: M y four • * t PHONE: 678.242.25001 FAX: 678.242.2499 green + G ; info�cltyofmlltonga.us l w xllyofmlHonga.us w Community VIR" 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 =� s Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: July 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. The City Council at their June 13th Work Session recommended only subdivisions with more than three lots and subdivisions with three or less lots that have a side corner setback adjacent to an exterior street be required to provide a rural viewshed as proposed by Staff. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. The City Council at their June 13th Work Session recommended only developments with more than three lots need to meet the above requirements for rural entrances. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary Page 3 of 7 setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. Page 4 of 7 c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP. Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regulations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Page 5 of 7 Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and non-residential developments (church, school, kennel, etc.) and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” The City Council at its June 13th Work Session asked Staff to provide specific situations where allowable disturbances could be made without violations. After further discussions with the City Attorney, Staff is of the Page 6 of 7 opinion that any disturbance prior to the appropriate approvals by the City Arborist would be in non-compliance. 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Funding and Fiscal Impact: Staff recommends that if these changes are made to the rural view shed and additional public meetings required, one additional full time employee will be needed. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April, May, and June 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Rural Viewshed in each individual Zoning District 7/7/20167/6/20167/1/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 1 of 8 DIVISION 2. - AG-1 AGRICULTURAL DISTRICT Sec. 64-414. - Scope and intent. The regulations set forth in this division are the AG-1 district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permit. The AG-1 district is intended to encompass lands devoted to a wide range of uses, including: (1) Individual parcels devoted to residential use; (2) Single-family subdivisions; (3) Agricultural; and (4) Closely related uses. (Ord. No. 13-03-160, § 1, 3-18-2013) Sec. 64-415. - Use regulations. (a) Permitted uses. A building or property may be used for only the following purposes: (1) Single-family dwelling. (2) Agriculture, general and specialized farming, including: horticulture, plant nursery, greenhouse, dairy farming, livestock raising and poultry raising; provided, however, that buildings used for housing animals must be at least 100 feet from all property lines. (3) Roadside stand for the sale of agricultural products produced on the property. (4) a. For property with a single-family dwelling being the principal use, structures housing livestock, which may be located in the front, rear, or side yards, provided t hat the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. 2. For property without a single-family dwelling being the principal use, and containing less than five acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property, and provided also that a use permit must first be approved by the city council. (5) a. For property with a single-family dwelling being the principal use, an uncovered riding area, which may be located in the front, rear, or side yards. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, an uncovered riding area, which may be located in the front, rear, or side yards. Rural Viewshed in each individual Zoning District 7/7/20167/6/20167/1/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 2 of 8 2. For property without a single-family dwelling being the principal use, and containing less than five acres, provided that a use permit must first be approved by the city council. (6) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a lighted, uncovered riding area and/or an uncovered riding area with designated seating structures for viewing which may be located in the front, rear, or side yards and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres . (7) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a covered riding area, which may be located in the front, rear, or side yards provided that the covered riding area and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres. (8) For property with or without a single-family dwelling being the principal use, and containing ten or more acres, a lighted, covered riding area and/or a covered riding area with designated seating structures for viewing, which may be located in the front, rear, or side yards, provided that the covered riding area, lighted riding area and/or designated seating structures for viewing riding areas must be located at least 100 feet from all property lines, and further provide that a use permit must first be approved. This use shall not be permitted for property contai ning less than ten acres. (9) Kennel, veterinary hospital or veterinary clinic; provided buildings housing animals are fully enclosed and at least 100 feet from all property lines and pens, runs, etc., which are not located in a fully-enclosed building are at least 200 feet from all property lines. (10) Equine garment fabrication: provided buildings do not exceed 2,000 square feet in size and outside storage shall comply with subsection 64-49(b)(3). (b) Accessory uses. A building or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. (Ord. No. 13-03-160, § 1, 3-18-2013; Ord. No. 15-04-243, § 1, 4-27-2015) Sec. 64-416. - Development standards. (a) No building shall exceed 40 feet in height except for single family dwellings, see Sec. 64-1141 (c). (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road. (f) Minimum lot width shall be 100 feet. Rural Viewshed in each individual Zoning District 7/7/20167/6/20167/1/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 3 of 8 (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this district. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. (Ord. No. 13-03-160, § 1, 3-18-2013) (j) Entrances off of a public right-of-way for subdivisions with more than three lots shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city a rchitect. These entrances shall comply with the following requirements: (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street’s right of way. (4) No water features are permitted. (k) Rural viewshed.- The following requirements of this subsection shall only apply to subdivisions with more than three lots and subdivisions with three or fewer lots if the side corner of an individual lot abuts to an exterior street. The requirements of this subsection shall not apply to a single lot of record or to subdivisions with three or less lots where no individual lot abuts an exterior street. (1) Provide a 40-foot primary setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. b. Driveways accessing exterior streets shall be prohibited within the 40-foot primary setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary setback from the primary setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; Rural Viewshed in each individual Zoning District 7/7/20167/6/20167/1/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 4 of 8 a. Individual septic systems may be installed in the secondary setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20-foot secondary setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20 foot secondary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. (3) Criteria that may to be used by city arborist when performing a design review of the primary and secondary setbacks include: a. Evaluation of current state of vegetation; b. Screening of the structures (Note: additional plantings of indigenous plantings and grasses; may be required by the city arborist as a condition of approval.) c. Existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151; and (5) After issuance of the necessary permits to disturb the property but before the required pre- construction meeting, the developer shall install a 4 foot high orange tree save fence at least at the combined primary and secondary setback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating “rural viewshed”; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary and secondary setbacks. (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: “At the time of the execution of this Affidavit, the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision.” In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. Sec. 64-418417 – Fencing. (a) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood, stone or masonry posts. . (2) Fences shall not exceed 5560 inches in height from finished grade. Rural Viewshed in each individual Zoning District 7/7/20167/6/20167/1/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 5 of 8 (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right-of-way. (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. (b) Fencing along interior subdivision streets , including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 5560 inches in height from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (c) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see subsection (j). (d) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural use. Sec. 64-418 - Pre-Development Notification and Public Informational Meeting (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non- residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or Land Disturbance Permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one City Staff member shall be present at the public informational meeting. Rural Viewshed in each individual Zoning District 7/7/20167/6/20167/1/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 6 of 8 (f) Members of the City Council and Planning Commission shall be notified of the public informational meeting. Sec. 64-419 – Definitions Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does NOT include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or Rural Viewshed in each individual Zoning District 7/7/20167/6/20167/1/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 7 of 8 (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural Viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city’s visual and aesthetic character . The viewshed shall be comprised of two sections: a forty (40) foot primary setback, that section located closest to the exterior street; and, a twenty (20) foot secondary setback, located immediately contiguous to, the primary setback. Setback, primary means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary means a space contiguous to and to the interior of the primary setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. Sec. 64-420 – Violations and Penalties For any disturbance of the rural viewshed before the appropriate approvals are issue d, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist . Sec. 64-421419. - Other regulations. The following headings contain provisions applicable to the AG-1 district: (1) Development regulations: Article XVII of this zoning ordinance. (2) Exceptions: Article II, division 3 of this zoning ordinance. (3) Floodplain management: Article IV of this zoning ordinance. (4) Off-street parking and loading: Article VIII of this zoning ordinance. (5) Outside storage: Article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: Article III of this zoning ordinance. Rural Viewshed in each individual Zoning District 7/7/20167/6/20167/1/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 8 of 8 (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: Article XVI. (Ord. No. 13-03-160, § 1, 3-18-2013) Secs. 64-418421—64-436. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-18 AN ORDINANCE TO AMEND THE AG-1 (AGRICULTURAL) DISTRICT, CHAPTER 64, ARTICLE VI, DIVISION 2 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 11, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the AG-1 (Agricultural) District, Article VI, Division 2 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk 9 HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' AL MILTION't SHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 7, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of RZ15-19 -To Amend the R-1 (Single Family Residential) District, Chapter 64, Article VI, Division 3. MEETING DATE: Monday, July 11, 2016 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: (,"?ES NO CITY ATTORNEY REVIEW REQUIRED: (41ffS O NO APPROVAL BY CITY ATTORNEY: (OPPROVED () NOT APPROVED PLACED ON AGENDA FOR: oi 1'I) 2014 REMARKS: ©,y You . PHONE: 678.242.25001 FAX: 678.242.2499 EM Greeri s •� *:p� InfofalNolmlltonga.us l M' M' .cItyofmilbnga.us .. Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: July 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. The City Council at their June 13th Work Session recommended only subdivisions with more than three lots and subdivisions with three or less lots that have a side corner setback adjacent to an exterior street be required to provide a rural viewshed as proposed by Staff. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. The City Council at their June 13th Work Session recommended only developments with more than three lots need to meet the above requirements for rural entrances. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary Page 3 of 7 setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. Page 4 of 7 c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP. Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regulations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Page 5 of 7 Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and non-residential developments (church, school, kennel, etc.) and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” The City Council at its June 13th Work Session asked Staff to provide specific situations where allowable disturbances could be made without violations. After further discussions with the City Attorney, Staff is of the Page 6 of 7 opinion that any disturbance prior to the appropriate approvals by the City Arborist would be in non-compliance. 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Funding and Fiscal Impact: Staff recommends that if these changes are made to the rural view shed and additional public meetings required, one additional full time employee will be needed. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April, May, and June 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 1 of 7 DIVISION 3. - R-1 SINGLE-FAMILY DWELLING DISTRICT Sec. 64-437. - Scope and intent. The regulations set forth in this division are the R-1 district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permit. The R -1 district encompasses lands devoted to residential areas and closely related uses. Sec. 64-438. - Use regulations. Within the R-1 district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as permitted shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Agriculture, general and specialized farming, initiated prior to March 7, 1990, including horticulture, plant nursery, dairy farming, truck gardening and poultry r aising; provided, however, that agricultural buildings must be at least 200 feet from all side and rear property lines, and that no products shall be offered for sale on land so utilized. (2) Accessory uses. A building or lot may be used for uses customar ily incidental to any permitted use and a dwelling may be used for a home occupation. Sec. 64-439. - Development standards. (a) Height regulations. No building shall exceed 40 feet in height . except for single family dwellings, see Sec. 64-1141 (c). (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be two acres. (f) Minimum lot width shall be 200 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area shall be as follows: (1) For less than two-story dwelling: 1,800 square feet on ground level. (2) For two-story dwelling: 2,000 square feet; or (3) For more than two-story dwelling: 2,000 square feet with 1,200 square feet on ground floor. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 2 of 7 (i) Minimum accessory structure requirements. Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. (j) Entrances off of a public right-of-way for subdivisions with more than three lots shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. These entrances shall comply with the following requirements: (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street’s right of way. (4) No water features are permitted. (k) Rural viewshed.- The following requirements of this subsection shall only apply to subdivisions with more than three lots and subdivisions with three or fewer lots if the side corner of an individual lot abuts to an exterior street. The requirements of this subsection shall not apply to a single lot of record or to subdivisions with three or less lots where no individual lot abuts an exterior street. (1) Provide a 40-foot primary setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. b. Driveways accessing exterior streets shall be prohibited within the 40 -foot primary setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary setback from the primary setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary setback with an approved primary variance. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 3 of 7 b. Driveways accessing exterior streets shall be prohibited within the 20 -foot secondary setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20 foot secondary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. (3) Criteria that may to be used by city arborist when performing a design review of the primary and secondary setbacks include: a. Evaluation of current state of vegetation; b. Screening of the structures (Note: additional plantings of indigenous plantings and grasses; may be required by the city arborist as a condition of approval.) c. Existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151; and (5) After issuance of the necessary permits to disturb the property but before the required pre - construction meeting, the developer shall install a 4 fo ot high orange tree save fence at least at the combined primary and secondary setback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating “rural viewshed”; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary and secondary setbacks. (7) Prior to the transfer of any legal interest in an R-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: “At the time of the execution of this Affidavit, the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision.” In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. Sec. 64-440 – Fencing. (a) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood, stone or masonryposts. (2) Fences shall not exceed 60 inches in height from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 4 of 7 (6) Fences shall be set back a minimum of three feet from a public right-of-way. (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. (b) Fencing along interior subdivision streets , including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 60 inches in height from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (c) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fenc ing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see subsection (j). (d) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural use. Sec. 64-441 - Pre-Development Notification and Public Informational Meeting (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non- residential uses, the community development department shall hold a public informational meeting at the subject site within 30 days of the conceptual plan or Land Disturbance Permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public, on site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one City Staff member shall be present at the public informational meeting. (f) Members of the City Council and Planning Commission shall be notified of the public informational meeting. Sec. 64-442 – Definitions Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 5 of 7 Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does NOT include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 6 of 7 Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural Viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city’s visual and aesthetic character . The viewshed shall be comprised of two sections: a forty (40) foot primary setback, that section located closest to the exterior street; and, a twenty (20) foot secondary setback, located immediately contiguous to, the primary setback. Setback, primary means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary means a space contiguous to and to the interior of the primary setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. Sec. 64-443 – Violations and Penalties For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land t o its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist. Sec. 64-440444. - Other regulations. The following headings contain provisions applicable to uses allowed in the R -1 district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 7 of 7 Secs. 64-441445—64-459. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-19 AN ORDINANCE TO AMEND THE R-1 (RESIDENTIAL) DISTRICT, CHAPTER 64, ARTICLE VI, DIVISION 3 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 11, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the R-1 (Residential) District, Article VI, Division 3 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF'THE BEST QUALITY OF LIFE IN GEp MILTON ESTABLISH-ED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 7, 2016 FROM: Steven Krokoff, Interim City manager (a AGENDA ITEM: Consideration of RZ15-20-To Amend the R-2 (Single Family Residential) District, Chapter 64, Article VI, Division 4. MEETING DATE: Monday, July 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.rAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (44ES () NO CITY ATTORNEY REVIEW REQUIRED: (4 -GES () NO APPROVAL BY CITY ATTORNEY. (44PROVED PLACED ON AGENDA FOR: 01/42011, REMARKS: () NOT APPROVED ©y You= PHONE: 678.242.25001 FAX: 678.242.2499 1p Info@eilyolmlltonga.us I www.e'ufEen *cornea* w`�oo HyofmlHonga.usCOEIONyUIII o'" ' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - ... 11,.......:� a�i Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: July 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. The City Council at their June 13th Work Session recommended only subdivisions with more than three lots and subdivisions with three or less lots that have a side corner setback adjacent to an exterior street be required to provide a rural viewshed as proposed by Staff. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. The City Council at their June 13th Work Session recommended only developments with more than three lots need to meet the above requirements for rural entrances. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary Page 3 of 7 setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. Page 4 of 7 c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP. Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regulations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Page 5 of 7 Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and non-residential developments (church, school, kennel, etc.) and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” The City Council at its June 13th Work Session asked Staff to provide specific situations where allowable disturbances could be made without violations. After further discussions with the City Attorney, Staff is of the Page 6 of 7 opinion that any disturbance prior to the appropriate approvals by the City Arborist would be in non-compliance. 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Funding and Fiscal Impact: Staff recommends that if these changes are made to the rural view shed and additional public meetings required, one additional full time employee will be needed. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April, May, and June 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 1 of 7 DIVISION 4. - R-2 SINGLE-FAMILY DWELLING DISTRICT Sec. 64-460. - Scope and intent. The regulations set forth in this division are the R-2 district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permits. The R -2 district is intended to provide land areas devoted to very low density residential uses. The district also provides for closely related uses. Sec. 64-461. - Use regulations. Within the R-2 district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as permitted shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Agriculture, general and specialized farming, initiated prior to March 7, 1990, including horticulture, plant nursery, dairy farming, truck gardening and poultry raising; provided, however, that agricultural buildings must be at least 200 feet from all side and rear property lines, and that no products shall be offered for sale on land so utilized. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Sec. 64-462. - Development standards. (a) Height regulations. No building shall exceed 40 feet in height. (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 15 feet. (2) Adjacent to street: 30 feet. (d) Minimum rear yard shall be 40 feet. (e) Minimum lot area shall be one acre. (f) Minimum lot width shall be 150 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area shall be as follows: (1) For less than two-story dwelling: 1,600 square feet on ground level; (2) For two-story dwelling: 1,800 square feet; or (3) For more than two-story dwelling: 1,800 square feet with 1,050 square feet on ground floor. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 2 of 7 (i) Minimum accessory structure requirements. Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. (j) Entrances off of a public right-of-way for subdivisions with more than three lots shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. These entrances shall comply with the following requirements: (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street’s right of way. (4) No water features are permitted. (k) Rural viewshed.-The following requirements of this subsection shall only apply to subdivisions with more than three lots and subdivisions with three or fewer lots if the side corner of an individual lot abuts to an exterior street. The requirements of this subsection shall not apply to a single lot of record or to subdivisions with three or less lots where no individual lot abuts an exterior street. (1) Provide a 40-foot primary setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. b. Driveways accessing exterior streets shall be prohibited within the 4 0-foot primary setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary setback from the primary setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary setback with an approved primary variance. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 3 of 7 b. Driveways accessing exterior streets shall be prohibited within the 20 -foot secondary setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20 foot secondary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. (3) Criteria that may to be used by city arborist when performing a design review of the primary and secondary setbacks include: a. Evaluation of current state of vegetation; b. Screening of the structures (Note: additional plantings of indigenous plantings and grasses; may be required by the city arborist as a condition of approval.) c. Existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151; and (5) After issuance of the necessary permits to disturb the property but before the required pre - construction meeting, the developer shall install a 4 foot high orange tree save fence at least at the combined primary and secondary setback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating “rural viewshed”; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary and secondary setbacks. (7) Prior to the transfer of any legal interest in an R-2 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: “At the time of the execution of this Affidavit, the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision.” In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. Sec. 64-463 – Fencing. (a) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood, stone or masonryposts. (2) Fences shall not exceed 60 inches in height from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 4 of 7 (6) Fences shall be set back a minimum of three feet from a public right-of-way. (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. (b) Fencing along interior subdivision streets, including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 60 inches in height from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (c) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see subsection (j). (d) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural use. Sec. 64-464 - Pre-Development Notification and Public, On Site Informational Meeting (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non - residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or Land Disturbance Permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall incl ude all of the items required in the mailed notice except the location of the property. (e) At least one City Staff member shall be present at the public informational meeting. (f) Members of the City Council and Planning Commission shall be notified of the public informational meeting. Sec. 64-465 – Definitions Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 5 of 7 Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does NOT include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 6 of 7 Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural Viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city’s visual and aesthetic character . The viewshed shall be comprised of two sections: a forty (40) foot primary setback, that section located closest to the exterior street; and, a twenty (20) foot secondary setback, located immediately contiguous to, the primary setback. Setback, primary means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary means a space contiguous to and to the interior of the primary setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. Sec. 64-466 – Violations and Penalties For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land t o its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist. Sec. 64-463467. - Other regulations. The following headings contain provisions applicable to the R-2 district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2, of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 7 of 7 Secs. 64-464468—64-482. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-20 AN ORDINANCE TO AMEND THE R-2 (RESIDENTIAL) DISTRICT, CHAPTER 64, ARTICLE VI, DIVISION 4 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 11, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the R-2 (Residential) District, Article VI, Division 4 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk 0 HOME OF' HE BEST QUALITY OF LIFE IN GEORGIA' M LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 7, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of RZ15-21 -To Amend the R -2A (Single Family Residential) District, Chapter 64, Article VI, Division 5. MEETING DATE: Monday, July 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: WAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4'YES (J NO CITY ATTORNEY REVIEW REQUIRED: (.PEES O NO APPROVAL BY CITY ATTORNEY. ( KAPPROVED / J NOT APPROVED PLACED ON AGENDA FOR: 07 /1d z0 ll REMARKS: ©,* Yau® PHONE: 678.242.25001 FAX: 678.242.2499 Green infoVDcHyolmillIonga.us I w,,.cItyofmnfong0.us Communis { u'^d ' 13000 Deerfield Parkway, Suite 1071 Milton GA 3W04-=E•*•o:.o.=+e��T Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: July 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. The City Council at their June 13th Work Session recommended only subdivisions with more than three lots and subdivisions with three or less lots that have a side corner setback adjacent to an exterior street be required to provide a rural viewshed as proposed by Staff. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. The City Council at their June 13th Work Session recommended only developments with more than three lots need to meet the above requirements for rural entrances. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary Page 3 of 7 setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. Page 4 of 7 c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP. Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regulations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Page 5 of 7 Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and non-residential developments (church, school, kennel, etc.) and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” The City Council at its June 13th Work Session asked Staff to provide specific situations where allowable disturbances could be made without violations. After further discussions with the City Attorney, Staff is of the Page 6 of 7 opinion that any disturbance prior to the appropriate approvals by the City Arborist would be in non-compliance. 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Funding and Fiscal Impact: Staff recommends that if these changes are made to the rural view shed and additional public meetings required, one additional full time employee will be needed. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April, May, and June 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 1 of 7 DIVISION 5. - R-2A SINGLE-FAMILY DWELLING DISTRICT Sec. 64-483. - Scope and intent. Regulations set forth in this subdivision are the R-2A district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The R - 2A district is intended to provide land areas devoted to low density residential uses. The district also provides for closely related uses. Sec. 64-484. - Use regulations. Within the R-2A district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Agriculture, general and specialized farming, initiated prior to March 7, 1990, including horticulture, plant nursery, dairy farming, truck gardening and poultry raising; provided, however, that agricultural buildings must be at least 200 feet from all side and rear propert y lines, and that no products shall be offered for sale on land so utilized. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Sec. 64-485. - Development standards. (a) Height regulations. No building shall exceed 40 feet in height ,. except for single family dwellings, see Sec. 64-1141 (c). (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 15 feet. (2) Adjacent to street: 30 feet. (d) Minimum rear yard shall be 40 feet. (e) Minimum lot area shall be 27,000 square feet. (f) Minimum lot width shall be 120 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area shall be as follows: (1) For less than two-story dwelling: 17,000 square feet on ground floor; Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 2 of 7 (2) For two-story dwelling: 1,800 square feet; or (3) For more than two-story dwelling: 1,800 square feet with 1,050 square feet on ground floor. (i) Minimum accessory structure requirements. Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. (j) Entrances off of a public right-of-way for subdivisions with more than three lots shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. These entrances shall comply with the following requirements: (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street’s right of way. (4) No water features are permitted. (k) Rural viewshed.-The following requirements of this subsection shall only apply to subdivisions with more than three lots and subdivisions with three or fewer lots if the side corner of an individual lot abuts to an exterior street. The requirements of this subsection shall not apply to a single lot of record or to subdivisions with three or less lots where no individual lot abuts an exterior street. (1) Provide a 40-foot primary setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. b. Driveways accessing exterior streets shall be prohibited within the 4 0-foot primary setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary setback from the primary setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 3 of 7 a. Individual septic systems may be installed in the secondary setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20-foot secondary setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20 foot secondary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. (3) Criteria that may to be used by city arborist when performing a design review of the primary and secondary setbacks include: a. Evaluation of current state of vegetation; b. Screening of the structures (Note: additional plantings of indigenous plantings and grasses; may be required by the city arborist as a condition of approval.) c. Existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151; and (5) After issuance of the necessary permits to disturb the property but before the required pre - construction meeting, the developer shall install a 4 foot high orange tree save fence at least at the combined primary and secondary setback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating “rural viewshed”; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary and secondary setbacks. (7) Prior to the transfer of any legal interest in an R-2A zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: “At the time of the execution of this Affidavit, the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision.” In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. Sec. 64-486 – Fencing. (a) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood, stone or masonryposts. (2) Fences shall not exceed 60 inches in height from finished grade. (3) Fences shall be white, black, or dark brown in color. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 4 of 7 (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right-of-way. (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque f ence is not visible from the street at any time of the year. (b) Fencing along interior subdivision streets, including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 60 inches in height from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (c) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see subsection (j). (d) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural use. Sec. 64-487 - Pre-Development Notification and Public Informational Meeting (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non- residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or Land Disturbance Permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one City Staff member shall be present at the public informational meeting. (f) Members of the City Council and Planning Commission shall be notified of the public informational meeting. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 5 of 7 Sec. 64-488 – Definitions Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does NOT include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 6 of 7 Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural Viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city’s visual and aesthetic character . The viewshed shall be comprised of two sections: a forty (40) foot primary setback, that section located closest to the exterior street; and, a twenty (20) foot secondary setback, located immediately contiguous to, the primary setback. Setback, primary means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary means a space contiguous to and to the interior of the primary setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. Sec. 64-489 – Violations and Penalties For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land t o its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist. Sec. 64-486490. - Other regulations. The following headings contain provisions applicable to the R-2A district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 7 of 7 Secs. 64-487491—64-505. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-21 AN ORDINANCE TO AMEND THE R-2A (RESIDENTIAL) DISTRICT, CHAPTER 64, ARTICLE VI, DIVISION 5 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 11, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the R-2A (Residential) District, Article VI, Division 5 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF'THE BEST QUALITY OF LIFOE IN GEORGIA' *k MILT ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 7, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of RZ15-23-To amend the CUP (Community Unit Plan)District, Chapter 64, Article VI, Division 23. MEETING DATE: Monday, July 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (jXES () NO CITY ATTORNEY REVIEW REQUIRED: (yPES () NO APPROVAL BY CITY ATTORNEY: (,yPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 07 )11) ZCG REMARKS: JU y Youll PHONE: 678.242.25001 FAX: 678.242.2499*� x�® r`een`s . . ,. Info@cityoimiHonga.us l w .aRyofiniRonga.us Auto Community ILCT'd 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 M a Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: July 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. The City Council at their June 13th Work Session recommended only subdivisions with more than three lots and subdivisions with three or less lots that have a side corner setback adjacent to an exterior street be required to provide a rural viewshed as proposed by Staff. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. The City Council at their June 13th Work Session recommended only developments with more than three lots need to meet the above requirements for rural entrances. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary Page 3 of 7 setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. Page 4 of 7 c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP. Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regulations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Page 5 of 7 Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and non-residential developments (church, school, kennel, etc.) and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” The City Council at its June 13th Work Session asked Staff to provide specific situations where allowable disturbances could be made without violations. After further discussions with the City Attorney, Staff is of the Page 6 of 7 opinion that any disturbance prior to the appropriate approvals by the City Arborist would be in non-compliance. 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Funding and Fiscal Impact: Staff recommends that if these changes are made to the rural view shed and additional public meetings required, one additional full time employee will be needed. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April, May, and June 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 1 of 8 DIVISION 23. - CUP COMMUNITY UNIT PLAN DISTRICT Sec. 64-894. - Scope and intent. (a) The regulations in this division are the CUP District regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The CUP district identifies land areas for a variety of housi ng types within a planned community setting. (b) The CUP district is intended to: (1) Encourage the development of land as planned communities. (2) Encourage flexible and creative concepts in site planning. (3) Preserve the natural amenities of the land by encouraging scenic and functional open areas. (4) Provide for an efficient use of land. (5) Provide a stable residential environment compatible with surrounding residential areas. (6) Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot developments. (Ord. No. 14-10-223, § 1, 10-20-2014) Sec. 64-895. - Use regulations. Within the CUP district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by an administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Golf, country club, pool and recreatio n court. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions: a. Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed. b. Retail and service uses shall be limited to co nvenience retail and service establishments such as pro shops and personal services. Restaurants accessory to a club are allowed. (Ord. No. 14-10-223, § 1, 10-20-2014) Sec. 64-896. - Development plan. (a) The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for CUP rezoning requests. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 2 of 8 (b) Administrative guidelines for preparing site plans are available from the director of the community development department. (c) A site plan shall become the development plan if the request to rezone is approved without changes or additions. (d) If the approval by the board differs in any way from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the community development department before development related permits may be issued. (e) A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development-related permits. (f) The location of all use areas shall be shown on the development plan, and the location on the ground shall be as shown on the development plan. (g) Properties that are not served by sanitary sewer shall provide a site plan to determine the maximum number of lots on the subject site as follows: The number of lots in a CUP development shall not exceed the num ber of lots that can be reasonably created within an AG-1 zoned development at the same site location. The following items shall be submitted to determine the lot yield for the subject property: (1) Indicate all bodies of water and the appropriate buffers; (2) Provide a level 3 soil analysis; (3) Provide a tree survey indicating specimen and heritage trees; (4) Indicate the configuration of lots and associated minimum building setbacks; and (5) Show approximate location of house footprint on each lot. (Ord. No. 14-10-223, § 1, 10-20-2014) Sec. 64-897. - Development standards. (a) Height regulations. The height of non-single family residential structures are as approved per the conditions of zoning. (b) Minimum land area per unit shall be as specified in conditions. (c) Minimum lot area per unit shall be as specified in conditions. (d) Minimum CUP size shall be four contiguous acres. (e) Maximum density shall be as follows: (1) Single-family dwelling: 5.0 units per gross acre. (f) Minimum lot width. There shall be none, unless specified in conditions. (g) Minimum CUP development frontage shall be 150 feet. (h) Minimum lot frontage shall be 20 feet adjoining a street. (i) Minimum heated floor area per unit shall be as specified in conditions. (j) Minimum perimeter setback (entire CUP development) shall be as specified in conditions. (k) Minimum interior setbacks: Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 3 of 8 (1) Minimum front yard shall be as specified in conditions. (2) Minimum side yard shall be as specified in conditions. (3) Minimum rear yard shall be as specified in conditions. (l) Minimum accessory structure requirements: (1) Accessory structures may be located within the side or rear yards subject to perimeter and minimum yard setbacks. (m) Minimum building separation (more than one dwelling per lot). All building separations shall be as specified by the city's building code. (n) Other minimum standards. (1) Agreements, covenants, declarations and other contracts which govern the use, maintenance, and protection of a CUP development among its owners areas shall be part of the official zoning file, and changes thereto shall have no force and effect until a copy has been provided to the director of the community development department. (o) Entrances off of a public right-of-way for subdivisions with more than three lots shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. These entrances shall comply with the following requirements: (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and sha ll not exceed 20 linear feet on either side of the subdivision’s road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street’s right of way. (4) No water features are permitted. (p) Rural viewshed.-The following requirements of this subsection shall only apply to subdivisions with more than three lots and subdivisions with three or fewer lots if the side corner of an individual lot abuts to an exterior street. The requirements of this subsection shall not apply to a single lot of record or to subdivisions with three or less lots where no individual lot abuts an exterior street. (1) Provide a 40-foot primary setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 4 of 8 b. Driveways accessing exterior streets shall be prohibited within the 40 -foot primary setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary setback from the primary setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20-foot secondary setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20 foot secondary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. (3) Criteria that may to be used by city arborist when performing a design review of the primary and secondary setbacks include: a. Evaluation of current state of vegetation; b. Screening of the structures (Note: additional plantings of indigenous plantings and grasses; may be required by the city arborist as a condition of approval.) c. Existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151; and (5) After issuance of the necessary permits to disturb the property but before the required pre - construction meeting, the developer shall install a 4 foot high orange tree save fence at least at the combined primary and secondary setback measured from th e proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating “rural viewshed”; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary and secondary setbacks. (7) Prior to the transfer of any legal interest in a CUP zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: “At the time of the execution of this Affidavit, the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision.” In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 5 of 8 Sec. 64-898 – Fencing. (a) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood, stone or masonry posts. (2) Fences shall not exceed 60 inches in height from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right-of-way. (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque f ence is not visible from the street at any time of the year. (b) Fencing along interior subdivision streets, including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 60 inches in height from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (c) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see subsection (j). (d) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural use. Sec. 64-899 - Pre-Development Notification and Public Informational Meeting (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non- residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or Land Disturbance Permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 6 of 8 located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one City Staff member shall be present at the public informational meeting. (f) Members of the City Council and Planning Commission shall be notified of the public informational meeting. Sec. 64-900 – Definitions Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does NOT include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Lot is synonymous with tract and parcel. Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 7 of 8 Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural Viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city’s visual and aesthetic character . The viewshed shall be comprised of two sections: a forty (40) foot primary setback, that section located closest to the exterior street; and, a twenty (20) foot secondary setback, located immediately contiguous to, the primary setback. Setback, primary means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary means a space contiguous to and to the interior of the primary setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. Sec. 64-901 – Violations and Penalties For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist. (Ord. No. 14-10-223, § 1, 10-20-2014) Sec. 64-898902. - Other regulations. The following headings contain some additional, but not all, provisions applicable to the CUP district: Rural Viewshed in each individual Zoning District 7/7/20167/1/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 8 of 8 (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations of the TR, A or A-L district shall apply, as corresponding: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-899903—64-917. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-23 AN ORDINANCE TO AMEND THE CUP (COMMUNITY UNIT PLAN) DISTRICT, CHAPTER 64, ARTICLE VI, DIVISION 23 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 11, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the CUP (Community Unit Plan) District, Article VI, Division 23 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk 01 HOME OF'E BEST QUALITY OF LIEO M T I LTON,*k ESTABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 7, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of RZ15-24 -To Amend the Rural Milton Overlay for Single Family Type Uses (Sec. 64-1141). MEETING DATE: Monday, July 11, 2016 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: (4`YES () NO CITY ATTORNEY REVIEW REQUIRED: 'OES NO APPROVAL BY CITY ATTORNEY. (41APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: REMARKS: ffjyToolln *** PHONE: 678.242.25001 FAX: 678.242.2499 ®GMen w *C.�W* 44P Info@oityofmiltonga.us I w xltyofmlltonga.us wiCommunity+ � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 E o, ! Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: July 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. The City Council at their June 13th Work Session recommended only subdivisions with more than three lots and subdivisions with three or less lots that have a side corner setback adjacent to an exterior street be required to provide a rural viewshed as proposed by Staff. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. The City Council at their June 13th Work Session recommended only developments with more than three lots need to meet the above requirements for rural entrances. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary Page 3 of 7 setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. Page 4 of 7 c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP. Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regulations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Page 5 of 7 Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and non-residential developments (church, school, kennel, etc.) and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” The City Council at its June 13th Work Session asked Staff to provide specific situations where allowable disturbances could be made without violations. After further discussions with the City Attorney, Staff is of the Page 6 of 7 opinion that any disturbance prior to the appropriate approvals by the City Arborist would be in non-compliance. 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Funding and Fiscal Impact: Staff recommends that if these changes are made to the rural view shed and additional public meetings required, one additional full time employee will be needed. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April, May, and June 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Delete Rural Viewshed from Rural Milton Overlay District 7/7/20167/1/2016 RZ15-24 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 1 of 2 Sec. 64-1141. - Single-family type uses. (a) Landscaping. (1) Rural viewshed. a. Provide a 40-foot undisturbed buffer and an additional 20-foot no improvement setback for single-family lots adjacent to exterior streets. Where sparsely vegetated, replant the undisturbed buffer in a natural fashion, per the approval of the city arborist. Submit landscape plan to arborist for the preservation of the rural view shed. b. For structures located on lots adjacent to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1155. (21) Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and agricultural clearing may be allowed within the context of a development clearing permit. (32) No removal of protected trees (chapter 60, article II) is permitted on the site prior to the issuance of a land disturbance permit, building permit, development clearing permit, or tree removal permit. (b) Stormwater management facilities. (1) All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). (2) All facilities shall be designed to create a natural look. (3) Stormwater better site designs and nonstructural stormwater management practices shall be used whenever possiblerequired unless allowed by the director of public works . (4) All detention facilities shall have a minimum ten-foot-wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and/or required access area. (5) Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. (6) The creation of shared stormwater management facilities are encouraged. (c) Height. (1) There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (d) Lot coverage. (1) Lot coverage for each individual lot zoned AG-1, R-1, R-2 and CUP shall not exceed: a. 25 percent for lots that front on private streets; and b. 20 percent for lots that front on public streets. (2) Lots that are both (a) located within the Birmingham Crossroads Overlay District and (b) not zoned AG-1 are exempt from the lot coverage requirements of subsection (d)(1) above. (e) Prohibited building components. Delete Rural Viewshed from Rural Milton Overlay District 7/7/20167/1/2016 RZ15-24 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (City Council Work Session on June 13, 2016 edits highlighted in yellow) Page 2 of 2 (1) The following building components shall be prohibited: metal gates, burglar bars, chain link fence, metal roll down curtains. (f) Fencing and heightRetaining walls. (1) In yards adjacent to an exterior street an equestrian fence is required. (2) Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. (31) Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360-degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens or as approved by the city arborist. (4) Opaque fences are prohibited in yards adjacent to an exterior street. (Ord. No. 14-06-207, § 1, 6-16-2014; Ord. No. 15-05-247, § 1, 5-18-2015) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-24 AN ORDINANCE TO AMEND THE RURAL VIEWSHED WITHIN THE RURAL MILTON OVERLAY FOR SINGLE FAMILY TYPE USES (SECTION 64-1141 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 July 11, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1141 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk 0 HOME OF'THE BEST QUAL" OF LIFE IN GEORGIA M I LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 7, 2016 FROM: Steven Krokoff, Interim City Manager 0 AGENDA ITEM: Consideration to Amend Chapter 50, Subdivisions, and Creating Section 50-162, Rural Design. MEETING DATE: Monday, July 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4"APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: („}'YES () NO CITY ATTORNEY REVIEW REQUIRED: ()YES () NO APPROVAL BY CITY ATTORNEY: (,JIAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 07(11(2016 REMARKS: © * Youm PHONE: 678.242.2500 1 FAX; 678.242.2499 'reeri 0 '�me�n rdp Too intoftityotmiltongams l w .clNormlltonga.us w,w� COmmunl 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: July 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. The City Council at their June 13th Work Session recommended only subdivisions with more than three lots and subdivisions with three or less lots that have a side corner setback adjacent to an exterior street be required to provide a rural viewshed as proposed by Staff. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. The City Council at their June 13th Work Session recommended only developments with more than three lots need to meet the above requirements for rural entrances. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary Page 3 of 7 setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. Page 4 of 7 c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP. Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regulations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Page 5 of 7 Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and non-residential developments (church, school, kennel, etc.) and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” The City Council at its June 13th Work Session asked Staff to provide specific situations where allowable disturbances could be made without violations. After further discussions with the City Attorney, Staff is of the Page 6 of 7 opinion that any disturbance prior to the appropriate approval s by the City Arborist would be in non-compliance. 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Funding and Fiscal Impact: Staff recommends that if these changes are made to the rural view shed and additional public meetings required, one additional full time employee will be needed. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April, May, and June 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Rural Viewshed will not be inserted into the Subdivision Ordinance – This amendment will be withdrawn. 7/7/2016 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 1 of 4 Section 50-162 Rural Design Upon the election of the developer in accordance with section 64-416, the requirements of this section shall be an available option for subdivision development where a minor plat as defined in Section 50-1 is not an available option. (a) No building shall exceed 40 feet in height. (b) Minimum front yard shall be as follows: (1) Adjacent to an internal subdivision street where it also abuts an exterior street – 20 feet adjacent to interior street. (2) Adjacent to an exterior street – 100 feet. (3) Adjacent to an internal subdivision street – 60 feet.(Except for Sec. 50-162(b)(1) above) (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (3) Adjacent to an exterior street: 100 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road. (f) Minimum lot width shall be 100 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this district. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. (j) Subdivision entrances shall be rural, simple and rustic in design. (1) Subdivision entrance signage shall be one of the following designs: Rural Viewshed will not be inserted into the Subdivision Ordinance – This amendment will be withdrawn. 7/7/2016 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 2 of 4 a. Shingle style b. Sign mounted in or on pillar, which pillar shall not exceed eight (8) feet in height. (2) Subdivision entrance walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entrance. b. Natural materials are preferred such as boulders, stacked stone, or wood formed brick. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 100 feet from the exterior street’s r ight of way. (4) No water features are permitted at the entrance of a subdivision. (k) Rural viewshed. (1) All properties within the development shall maintain a 75-foot setback complying with the following: a. No buildings, accessory structures, or swimming pools shall be located within the 75-foot setback: b. No disturbance shall be allowed within the 75 foot setback except for creation of pasture land as listed below in subsection (3). c. Driveways shall be prohibited within the 75-foot setback, except where they cross in a perpendicular manner. (2) In addition to the 75-foot setback described in subsection (1), all single-family lots adjacent to exterior streets shall maintain an additional 25-foot setback in which no improvement other than permitted septic systems shall be allowed. (3) If a property is used for a bona fide agricultural use and tree removal within the rural viewshed is required for pastureland, tree removal plans shall be approved by the City Arborist; and (4) Structures located on lots requiring a rural viewshed, shall be designed with 360-degree architecture and shall meet the intent of section 64-1151. Architectural elevations for the structures shall be reviewed and must be approved by the city architect prior to the issuance of a building permit. (l) Conservation area. (1) Subdivisions developed pursuant to this Rural Design Ordinance shall preserve a minimum of ten (10) percent of the development’s gross acreage as a conservation area. a. Conservation areas may include the following: Rural Viewshed will not be inserted into the Subdivision Ordinance – This amendment will be withdrawn. 7/7/2016 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 3 of 4 i. The 100-year floodplain; ii. Riparian buffer zones of at least 75 foot width on either side along all perennial streams, intermittent streams and rivers and bodies of water; iii. Slopes above 25% of at least 5,000 square feet of contiguous area; iv. Wetlands; v. Populations of endangered or threatened species, or habitat for such species; vi. Important historic sites; vii. Existing healthy, native forests of at least one acre of contiguous area; viii. Heritage trees as approved by the City Arborist; ix. Significant natural features and scenic viewsheds such as ridge lines, peaks, and rock outcroppings, and rural viewsheds adjacent to exterior streets; x. Existing trails that connect the tract to neighboring areas; xi. Archaeological sites, cemeteries, and burial grounds subject to the requirements of Article XVII Division 4 of the City of Milton Zoning Ordinance. xii. Walking or bicycle trails, provided they are constructed of permeable materials; xiii. Passive recreation areas, such as open fields; xiv. Community gardens; xv. Agriculture, horticulture, silviculture or pasture uses; xvi. 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; xvii. Landscaped stormwater management facilities, nonstructural stormwater management practices and structural stormwater management practices that allow for infiltration, such as bio-retention areas; (2) Conservation areas 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; Rural Viewshed will not be inserted into the Subdivision Ordinance – This amendment will be withdrawn. 7/7/2016 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 4 of 4 c. An equivalent legal tool that provides permanent protection if approved by the City Attorney. (3) Notwithstanding the uses permitted in subsection (1) above, the following uses of conservation areas are expressly prohibited: a. Golf Courses; b. Active recreation including but not limited to swimming pools, hot tubs, tennis courts, sport courts, and play structures; c. Roads, parking lots, and impervious surfaces, except as specifically authorized in this article; d. Activities prohibited pursuant to a recorded legal instrument providing for permanent protection of the conservation area; and e. Impoundments of water with a surface area in excess of ten (10) percent of the conservation area. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO CREATE SECTION 50-162 – RURAL DESIGN BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 11, 2016 6:00 p.m. as follows: SECTION 1. That the creation of Section 50-162 – Rural Design 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk M HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTONIr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 7, 2016 FROM: Steven Krokoff, Interim City Manager (10 AGENDA ITEM: Consideration to Amend Chapter 48, Streets, Sidewalks, and other Public Places. MEETING DATE: Monday, July 11, 2016 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: (-KYES () NO CITY ATTORNEY REVIEW REQUIRED: (AS () NO APPROVAL BY CITY ATTORNEY. P APPROVED /) NOT APPROVED PLACED ON AGENDA FOR: 0'711,1201(, REMARKS: Ej �► Tout PHONE: 678.242.25001 FAX: 678.242.2499 '�Greeo :,' Info�cltyofmlNonga.uslwww.cNYofinlNorga.us wiCommunity III + 13000 Deerfield Parkwoy. Suite 107 1 Milton GA 30004 �urt - ==w11= — o To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on July 5, 2016 for the July 11, 2016 Regular Council Meeting Agenda Item: Consideration of Changes to the City of Milton Code of Ordinances Chapter 48 Streets, Sidewalks and Other Public Places ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The attached Ordinance represents proposed changes to the City of Milton Code of Ordinance Chapter 48 – Streets, Sidewalks and Other Public Places. These revisions were presented to the Planning Commission at their April 27, 2016 meeting as well as the City Council June 13, 2016 Work Session. Staff is recommending approval of the modifications to the City of Milton Code of Ordinances, Chapter 48 -Streets, Sidewalks and other Public Places as represented on the attached document. Funding and Fiscal Impact: N/A Alternatives: Council may choose to accept, deny or modify the recommended changes. Legal Review: Jarrard & Davis, LLP – Aaron Meyer, 5/25/2016 Concurrent Review: Steve Krokoff – Interim City Manager Attachment(s): Ordinance Revised Chapter 48 Page 1 Chapter 48 - STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES ARTICLE I. - IN GENERAL Secs. 48-1—48-18. - Reserved. ARTICLE II. - STREET CONSTRUCTION AND MAINTENANCE Sec. 48-19. - Adoption of state construction standards. The Georgia Department of Transportation Construction Specifications (GDOT) are hereby adopted and approved as if fully set forth herein. The specifications appear at http://tomcat2.dot.state.ga.us/thesource/specs/index.html. Secs. 48-20—48-148. - Reserved. ARTICLE III. - RIGHT-OF-WAY MANAGEMENT DIVISION 1. - GENERALLY Secs. 48-149—48-167. - Reserved. DIVISION 2. - ABANDONMENT POLICY Sec. 48-168. - Methods. (a) Roadway abandonment. (1) Legal compliance. a. Municipal streets belong to the general public. Since the control and general supervision of municipal streets is conferred upon the city, the city holds those streets in trust for the convenience and use of the public at large. It correspondingly becomes the city's duty to keep them in a safe and suitable condition for the passage of persons and transportation of commodities. The basic principles of law regarding streets are pronounced in at least two cases, Jones, et al. v. City of Moultrie, et al., 196 Ga. 526 (1943); Accord: Soles v. City of Vidalia, 92 Ga. App. 839 (1955): A highway is a public way open and free to anyone who has occasion to pass along it on foot or with any kind of vehicle. The streets of a city belong to the public, and are primarily for the use of the public in the ordinary way. The primary object of streets is for public passage. They should be kept open and unobstructed for that purpose. The streets of the Page 2 city are peculiarly within the police control for the purpose of preserving and protecting their use by the public as thoroughfares. b. Roadway abandonment is governed by O.C.G.A. § 32-7-2(c): When it is determined that a section of the municipal street system has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the municipal street system is otherwise in the best public interest, the municipality, by certification recorded in its minutes, accompanied by a plat or sketch, and after notice to property owners located thereon, may declare that section of street shall no longer be a part of the municipal street system and the rights of the public in and to that section of street as a public street shall cease. The property may be disposed of by the municipality as provided in Code Section 32-7-4. (2) Procedure. a. Abandonment is defined as the intentional and permanent relinquishment of claim and title to real property that forms a segment of the City of Milton's roadway network or was acquired or held for future use as a portion of the roadway network. b. Abandonment of a road or right-of-way requires that the city council make a finding of one of the following with respect to the roadway in question: 1. That no substantial public purpose is served by it; or 2. That its removal from the municipal street system is in the best public interest. c. Requests for abandonment of roads within the City of Milton roadway network shall be made to the department of public works by a homeowner association (HOA) or, if no HOA exists, an individual or group of individuals whose property adjoins or is accessed by the public right-of-way being considered for abandonment (referred to herein as "applicant"). The department of public works or the city council may initiate abandonment requests. In the event the department of public works or the city council initiate an abandonment request, only those procedural requirements set forth in pertinent state law shall be observed. d. The applicant shall be required to submit documentation establishing the factual ba sis upon which the request for abandonment is made. The applicant shall be required to provide all necessary information demonstrating compliance with the requirements of this section and all applicable state laws prior to the initial public hearing. e. The department of public works will not support the abandonment of any road that connects two or more collector roads without sufficient supporting documentation to demonstrate that the abandonment will not negatively affect surrounding roadways. For the purposes of this Page 3 policy, a collector road is defined as any road that the department of public works has given a functional classification of collector or higher. f. The abandonment of any street within the City of Milton roadway network should not be inconsistent with any programmed capital projects and should otherwise conform to any approved local, regional or state transportation plans and the City of Milton Comprehensive Plan. Approval by the director of public works and the director of community develo pment is required to indicate conformity. g. Prior to the initial public hearing on abandonment, the applicant shall provide documentation demonstrating contact and coordination with pertinent emergency service providers, utility providers, Fulton County Schools, and the postmaster to ensure that said services can be accommodated and that such vital public services will not be significantly impaired. h. For applicant initiated abandonments, the City of Milton will accept input from the community related to their support or opposition to an abandonment. For the purposes of this section, the "community" shall be defined as all of those owners whose property adjoins or whose property is accessed by the right-of-way to be abandoned. Prior to the final public hearing before the mayor and city council to consider an application for abandonment a completed formal petition and all supporting forms and documentation shall be submitted to the department of public works. The formal petition submitted on behalf of the community shall comply with the minimum numerical standards set forth [in] Table 1. Table 1. Required Percent Approval to Process Abandonment Petition Number of Lots Required % Approval ** 20 or less 100% 21-90 75% 91 or more 67% **Note: Compliance with the required approval percentage rates is in no way determinative of the city's intent to abandon any right-of-way. The required approval percentage is merely one component of the process, state law considerations shall prevail. Page 4 i. All property owners in the community shall be contacted by the applicant via certified mail prior to the initial public hearing. Notice must be mailed by the applicant to the community members no less than 30 days prior to the initial public hearing date. In the case where a community association has initiated the petition process no notification will be required for any person who has previously signed the petition in favor of abandonment. j. Each lot within the community shall be given an opportunity to sign a petition, expressing their opinion in favor of or in opposition to the abandonment. Any abstention, nonresponse or indication other than a "yes" by community members will be considered a "no." Signatures on the petition shall not be considered valid after a period of one year from the date of signing. k. Percentages will be calculated based on the number of lots expressing an affirmative or "yes" vote in favor of the abandonment, divided by the total number of lots in the community. Each lot counts as a single unit regardless of the number of owners signing. Where a community has a homeowner association or other legal entity that is authorized to act on behalf of its members and that may utilize percentages different than those in Table 1, such a mechanism shall not replace the petition process. l. Compliance with the application procedures is in no way determinative with respect to the city's authority or decision to abandon a roadway. The city council shall retain full legislative discretion to authorize or deny abandonment based upon controlling legal standards and state law. m. After the final public hearing and an affirmative action by the mayor and city council to abandon any right-of-way, the right-of-way shall be disposed of in accordance with O.C.G.A. §§ 32-7-3, 32-7-4, and 36-37-6. The applicant will file a revised plat, legal description(s) indicating the new dispensation of the property or any other required documentation. Any expenses or fees incurred in the filing will be the sole responsibility of the applicant. n. The applicant will grant the city, county or other utility permanent easements as may be required for the entirety of the existing right-of-way, or as may be needed, at no cost as a condition of abandonment prior to final dispensation of the property. o. Any abandonment request that is denied by the mayor and city council may not be resubmitted for a period of one year following the date of denial. p. After abandonment, the right-of-way shall become privately owned and the city shall no longer maintain the roadway or accept any liability for the roadway or a ny area within the private right-of-way. Any maintenance, such as, but not limited to, resurfacing, stormwater management, sinkhole repair, shall be the responsibility of the owner(s). Page 5 q. Any access control, such as a gate, that the property owner(s) wish to install shall conform in design and construction to all relevant city standards, regulations, and processes, and must meet emergency access requirements. All access controls shall conform to city standards as if it was newly constructed. Recent abandonment will not be accepted as a justification for any exemptions or variances to these standards. (3) Privatization. For the purposes of this section, privatization of a roadway shall mean the abandonment of the right-of-way to a community for the purposes of converting a public road to a private road while continuing to maintain access to the properties within the community. As a condition of approval for the privatization of any right-of-way the community shall continue to provide access to all properties previously served by the public road. In addition to the criteria established for the abandonment of any right-of-way, as outlined in subsections (a)(1) and (2), privatization shall meet the following requirements: a. The department of public works will not support a request for privatization of any local road that connects two or more collector roads without sufficient supporting documentation to demonstrate that the abandonment will not negatively affect surrounding roadways. For the purposes of this section, a local road is defined as those roads built as part of a platted residential development. b. The applicant for any privatization request shall be a homeowner association or other legal entity established with the authority to act on behalf of all of the members of the defined community. The applicant is required to meet all of the application requirements provided by the city including the minimum percentage approval rates established for the formal petition for abandonment prior to the final public hearing. c. In the case of a road privatization the "community" shall be defined as all of those owners whose property adjoins the right-of-way or whose sole access is provided by the right-of-way to be abandoned or that may incur a financial obligatio n for the maintenance and preservation of the right-of-way should the abandonment resolution be approved. d. The applicant shall file financial statements reflecting assets similar to what is required for a homeowner association to finance a line of credit for capital assets. This information will not be made public to the fullest extent allowed by the Open Records Act and is only to insure solvency and to further demonstrate that the applicant has the financial means to fund those future costs associated with maintaining the asset. e. It is hereby the expressed declaration of the governing authority of the City of Milton that obtaining documented support from the community that an abandonment application is supported by a certain percentage of those affected is a material, though not dispositive, Page 6 component in determining whether an abandonment serves the public interest. At the request of the applicant, an application for abandonment under this section may delay tendering formal petitions until such time as the council has adopted a resolution conditionally approving an abandonment. Any such conditional abandonment shall be for the express purpose of allowing the applicant sufficient time to secure all necessary formal petitions with the knowledge that the council has exercised its discretion and preliminarily sanctioned the abandonment. The resolution of conditional abandonment will expressly provide that upon the applicant tendering a formal petition meeting the percentage requirements in subsection (a)(2), Table 1, the abandonment petition shall be placed upon a future council consent agenda for final ratification of the abandonment. Upon approval of a resolution of conditional abandonment, the applicant will be notified of same and will be advised that submission of a formal petition meeting the percentage requirements in subsection (a)(2), Table 1 will be the final step in the abandonment process prior to placement on the consent agenda. The applicant will further be advised that the formal petition must be tendered to the council within six months of the resolution of conditional abandonment having been approved, and that a failure to tender the petitions within this period shall result in the abandonment request being deemed withdrawn. The director of public works may grant one extension of up to 90 days in his/her reasonable discretion. The above notwithstanding, at any point during the abandonment process up through and including the point when the abandonment becomes subject to ratification on the cons ent agenda, the city council shall be authorized to exercise its discretion and determine that a particular abandonment does not serve the public interest and thereby deny same. f. After the public hearing process and an affirmative action by the mayor an d city council to privatize any right-of-way, the right-of-way must remain private for a minimum of five years before being eligible to submit for public status again. If, after five years, a right -of-way is submitted for public acceptance the road shall be required to meet the construction and testing standards established by the City of Milton. (4) Hearing process. a. Once it has been determined that the initial application is complete and conforms to the requirements of the City of Milton, the application will be placed on the city council agenda for initial consideration. At that time, the council will determine whether to accept the application for further processing or to reject the application outright. Acceptance of the application by the council does not constitute final approval of the application or the abandonment of the public road or right-of-way, or any portion thereof. Upon a determination by the mayor and city council to accept the application for further processing, the applicant shall be duly notified. The applicant shall also be required to pay all required fees and comply Page 7 with the requirements of this article and applicable state law prior to the initial public hearing. Any application that is not accepted for further processing by the council shall not be re-filed for a period of one year from the date that the application was rejected. b. Two public hearings shall be held before the mayor and city council; provided, however, the second public hearing shall not occur on the same day as the first. However, if 100 percent approval is obtained by the community prior to the initial public hearing, the second public hearing will not be required. c. If, after the final public hearing, the mayor and city council finds that no substantial publi c purpose is served by the right-of-way or that the removal of the right-of-way from the municipal street system is otherwise in the best public interest, it may approve a resolution authorizing the abandonment of the public right -of-way. Such approval may be conditioned on the submittal of a signed petition meeting the approval percentages provided in subsection (a)(2), Table 1. If the mayor and city council approve such a resolution then the right-of-way shall be considered surplus property and disposed o f in accordance with O.C.G.A. §§ 32-7-3, 32-7-4, and 36-37-6. Sec. 48-169. - Construction. (a) The following regulations shall apply to any construction activity in the right-of-way: (1) This article; (2) The GDOT details and specifications; (3) MUTCD guidelines; and (4) AASHTO guidelines. (b) Construction activity in the right-of-way shall first comply with the following procedures: (1) Permitted drawings must be approved first. (2) A site initiation meeting with city inspectors is required. (3) Obtaining a right-of-way encroachment permit within five days of ROW work is required, including road closure. Secs. 48-170—48-190. - Reserved. DIVISION 3. - RESERVED[2] Secs. 48-191—48-212. - Reserved. Page 8 DIVISION 4. - RESERVED RIGHT-OF-WAY POLICY Sec. 48-213. - Reference various city plans for detailed locations. The following city plans shall be consulted for detailed locations of rights -of-way for projects planned or programmed: (1) The comprehensive land use plan; (2) The transportation master plan; (3) The capital improvement plan; and (4) The bike and pedestrian master plan. Sec. 48-214. - Reserved Sec. 48-215. - Types of rights-of-way acceptable to the city. As private developers submit plans in these corridors, the city shall require either: (1) A reserved right-of-way on the plans and recorded; or (2) A fee simple free to the city at LDP permitting. Such benefit will result in impact fee credits to the developer from the community development department where those improvements are determined to be system improvements. Secs. 48-216—48-234. - Reserved. ARTICLE IV. - TRAFFIC CALMING[3] DIVISION 1. - GENERALLY Sec. 48-235. - Policy; introduction. (a) In order to enhance the quality of neighborhood life and the safety of the city's residents, the public works department is establishing this traffic calming program. The goals of this program are: (1) Reduction of traffic speed to a safe and appropriate limit. (2) Encourage community participation. (3) Encouragement and enhancement of pedestrian, bicycle, and transit systems. (4) Limiting traffic calming to local residential streets. (5) Ensuring emergency vehicle access. Page 9 (6) Use of effective, efficient, economical, and environmentally sound traffic calming solutions. (7) Multi-discipline input from engineers, planners, police, and fire. (8) Continued monitoring of speeds, traffic volumes, and accidents. (b) The public works department shall review applications submitted by neighborhoods, homeowners' groups or homeowners' associations ("applicants") for traffic calming measures in accordance with this article and the City of Milton Traffic Calming Policy and Procedures Manual as may be periodically amended. (c) It is critical to realize that the approach taken by the traffic calming program is a systematic one. While each situation may be somewhat unique, the same definitions and criteria, as outlined in this article, are applied. Also, the transportation system of the city sh ould be considered as a whole. Solving one local problem should not cause another problem to appear somewhere else. (d) The traffic calming program is to be used only for local residential streets, as defined in section 48 - 237. (e) Keeping with the general guidelines and recommendations as set forth in the Manual on Uniform Traffic Control Devices and Institute of Transportation Engineers aids in the recognition and understanding of traffic control devices. Standardization of these devices will help ensur e that any given traffic calming measures including the use of speed humps will be equally recognizable and require the same action on the part of the motorist regardless of where they are encountered. Sec. 48-236. - Traffic calming warrants. (a) For the purposes of the traffic calming program, a traffic calming measure may be warranted on a local residential street if any of the following are found during a traffic study: (1) Fifty percent or more of the total traffic is exceeding the posted speed limit; or (2) Pedestrian safety related problems, to include: a. A single instance or more of a vehicular/pedestrian accident; b. Inadequate road geometry rendering a roadway unsafe for pedestrian travel; c. A higher incidence of pedestrian traffic due to proximity to a school; d. Such other hazards to pedestrian traffic as are identified in a traffic study. Sec. 48-237. - Local residential street defined. Page 10 The city shall only support the installation of traffic calming devices on local residential streets within the city. A local residential street must meet the following four criteria: (1) Those streets classified by the city as primarily used for direct access to property and connections to higher order systems; (2) Those streets where the adjacent land use is deemed residential in nature; (3) Those streets with posted speed limits of 25 m.p.h. or 30 m.p.h.; and (4) Those streets with an average daily traffic count of 400 to 4,000 vehicles per day (VPD). Volumes above 4,000 VPD would be considered a major road per the MUTCD for traffic control purposes, and volumes below 400 VPD would not typically provide enough bene fit to warrant the expenditure of public funds for installation and the increased maintenance costs. Secs. 48-238—48-256. - Reserved. DIVISION 2. - PROCESS Sec. 48-257. - Traffic calming process. The city's traffic calming process shall be defined in the City of Milton Traffic Calming Policy and Procedures Manual. Sec 48-258. - Petition approval percentage. (a) Prior to the development of conceptual plans at least 67 percent (two -third's majority) of the homeowners in the study area must vote in favor of the installation of traffic calming measures. Where a neighborhood or other defined study area has a mandatory homeowners' association or other legal entity which may lawfully represent their position on such matters, this entity may act in lieu of t he petition process as approved by the public works director after consultation with the city attorney. (b) The study area shall be as defined in the Traffic Calming Policy and Procedures Manual. Sec. 48-259. - Fee. Prior to the development of any conceptual plan the applicant shall pay a fee to the public works department. Said fee shall be in an amount established by the public works department and approved by the mayor and city council. Page 11 Secs. 48-260—48-280. - Reserved. Sec. 48-281. - Neighborhood cost share. (a) Basic installation of the traffic calming devices will be shared by the city (50 percent) and the applicant (50 percent). If the applicant chooses upgrades or enhanced versions of a traffic calming device, the applicant will pay the entire cost of design, construction, maintenance and other related charges above those of the basic device, as defined by the traffic calming details provided in the Traffic Calming Policy and Procedures Manual. (b) Any landscaping, including maintenance, will be paid entirely by the applicant. (c) Easement and right-of-way acquisition shall be provided by the applicant. (d) Repair and routine maintenance of all traffic calming devices, excluding landscape maintenance and design enhancements, will be the city's responsibility. Sec. 48-282. - Removal of traffic calming devices. (a) If the applicant decides that it no longer wants the previously installed traffic calming devices, the applicant must follow the same procedure to obtain 67 percent or HOA approval as set forth in section 48-258 for installation. (b) Active traffic calming devices should remain in place at least 12 months before removal. If devices are removed, the road and right-of-way must also be brought back to city standards. (c) Removal shall be done by a qualified contractor at no cost to the city, where the applicant assumes all related cost in the removal of traffic calming devices. (d) The city reserves the right to remove traffic calming devices for any reason. Upon approval of the city manager, the public works director may order the applicant to remove a traffic calming measure in accordance with subsection (c). Sec. 48-283. - Permit required. Any work completed by the applicant within the right-of-way shall require a right-of-way encroachment permit as directed by the public works department. Sec. 48-284. - Appeals. Appeals to the city council may be taken by any person aggrieved by any decision of any City of Milton staff member in the administration or interpretation of this article. Appeals of such administrative decisions Page 12 shall be made in writing to the city clerk within 30 days of the date of the decision, interpretation or action being challenged. Any appeal submitted later than 30 days shall not be considered timely and will not be considered. Secs. 48-285—48-360. - Reserved. ARTICLE V. - DRIVEWAYS TURN LANES AND ISLANDS DIVISION 1. - GENERALLY Secs. 48-361—48-379. - Reserved DIVISION 2. - DRIVEWAYS Subdivision I. - In General Sec. 48-380. - Purpose. This division is intended to clearly define the process of constructing a legal access point or any other work in the right-of-way of city roads. To accomplish this we are modifying sections three through five of the state department of transportation document Regulations for Driveway and Encroachment Control and adopting this modified version. Any variance to the standards set forth in this manual mu st be in the form of a written appeal to the director of public works, along with the appropriate studies to support the variance request. Sec. 48-381. - Spacing. (a) As drivers approach each intersection along a roadway, they are often presented with d ecisions and may be required to stop or make various maneuvers. When exiting the roadway, it is necessary to decelerate and, in some cases, to change lanes. It may also be necessary to adjust speeds in reaction to other vehicles entering into the arterial traffic stream. Driveways should be spaced so that drivers can perceive and react to the conditions at each intersection in succession. Spacing between driveways should be at least equal to the distance traveled at the posted speed limit during the normal perception and reaction time plus the distance traveled as the vehicle decelerates to a stop. Each intersection also requires a certain amount of storage space for vehicles waiting to enter. The distance between intersections should be great enough to provide this storage, allowing each intersection to have its functional boundary separated from those of the next intersection. Crash data also indicates Page 13 that as the number of driveways along a roadway increases so do accident rates. Meeting the spacing criteria is not, in itself, an indication that driveways will be allowed. (b) Guidelines for driveway spacing associated with the construction of new driveways are provided in Table 3-1. Driveways should be separated from any other facility, which accesses a city roadway, whether it is another driveway or a public/private street. Minimum spacing requirements also apply to driveways on the opposite side of undivided roadways. Requirements for the length of right and left turn lanes, as shown in Table 11 and Table 13, may increase the minimum allowable spacing shown in Table 1. Posted Speed (mph) Minimum Driveway Spacing (Feet) Minimum Driveway Spacing with Right Turn Lane (feet) 25 125 125 30 125 219 35 150 244 40 185 294 45 230 369 Table 1: Driveway Spacing Criteria. (c) Spacing of one-way driveways. (1) Figure 1 shows a typical layout of one-way driveways. The spacing criteria presented in Table 1 does not apply to the distance between the two one-way driveways (driveway pair-a driveway pair is defined as a single driveway with a separated one -way in and one-way out drive lane configuration). Page 14 (2) A driveway pair must be separated from another driveway pair by the distance as shown in Table 1. A driveway pair must also be separated from an adjacent two-way driveway in accordance with the spacing criteria in Table 1. Figure 1: Spacing Criteria for One-Way Driveways. Sec. 48-382. - Placement. (a) Not only must driveways be spaced from other driveways as provided in section 48 -381, they must also be located a minimum distance from the property line. The radius return must be a minimum of five feet from the property line. This may be waived if a safety concern exists. (b) When driveways are to be jointly used by two or more property owners, the property line separation requirements given in subsection (a) of this section can be waived. However, a joint use agreement signed by the affected property own ers must be provided to the Transportation Engineer. Either property owner may apply for the driveway permit. Sec. 48-383. - Driveway spacing. Driveways should align with other driveways located on the opposite side of the roadway. If offset driveways cannot be avoided, the same driveway spacing criteria as given in Table 1 should be provided to provide space for left turns. Figure 2 shows how the spacing is measured for locating offset driveways on undivided roadways. Spacing is from center-to-center. Page 15 Figure 2: Spacing of Offset Driveways. If the city roadway involved is a divided facility and the driveways do not align with a median crossover, the driveway spacing would only apply to the adjacent driveway located on the same side of the roadway as shown above in Figure 2. Sec. 48-383A Placement of Interior Driveways The placement of the first interior driveway which intersects the driveway from the city road should be as far as possible from the city road for safe and efficient operation. For non-single family, residential detached developments, the distance between the roadway traffic and the first internal movement shall be a minimum of 100 feet. Where the lot depth is not sufficient to meet the minimum requirement the minimum distance shall be equal to the maximum anticipated queing length for the proposed land use. Sec. 48-384. - Residential driveways. (a) Driveways serving single-family residential homes or townhouses do not have to adhere to the standards set forth in the previous sections, as they have a less significant impact than a new street or commercial driveway. Not more than two private curb cuts may be located on any one street frontage for any one dwelling. When there are two curb cuts on any one street frontage, there shall be a safety zone between the cuts not less than ten feet, as measured along the curbline from the radius return. In no case shall the radius return be less than five feet from the side property line as measured along the right-of-way line, unless approved by the Public Works Department. The radius return shall not encroach upon the radius of the curb at a street corner. (b) Not more than one private curb cut may be located on any one street frontage for any one dwelling where the street is classified as a collector or higher order street. If a lot has access to more than one frontage, it may not have any private curb cuts on a street that is classified as a collector or higher order street. If both frontages are classified as collector or higher order streets, then the curb cut may be on the frontage with the lowest classification, or as designated by the public works department. Sec. 48-385. - Spacing of median crossovers. (a) When the applicant is requesting a median crossover on a divided roadway, the spacing standards shown in Table 2 apply. Page 16 Condition Crossover Spacing (in feet) Desirable Minimum Rural 2,640 1,320 Urban 2,000 1,000 Table 2: Spacing of Median Crossovers. (b) Other factors will also be considered, such as distance to other median openings, adjacent land use, expected traffic volumes, and the resulting volume of U-turns that are likely to occur without the median opening. Meeting the spacing criteria is not, in itself, an indication that median openings will be allowed. Sec. 48-386. - Spacing of signalized intersections. (a) This section is provided to assist the applicant's engineer in designing sites that may need signalized points of access to the city roadway. Table 3 contains guidelines for the spacing that should be provided between signalized intersections. Page 17 Condition Signal Spacing (in feet) Rural 1,320 Urban 1,000 Table 3: Spacing of Signalized Intersections. (b) The spacing guidelines provided in subsection (a) of this section are indicative of conditions that normally offer better signal progression for arterial traffic flow. It is recognized that under certain conditions, better operation may result from the introduction of signals with less spacing if the alternative forces high volumes of traffic to an adjacent intersection. (c) When the applicant can show, through an alternatives analysis, that better operations can be achieved with less spacing, the department of public works may consider an exception to the provisions of Table 3. Secs. 48-387—48-405. - Reserved. Subdivision II. - Design Criteria Sec. 48-406. - Compliance; purpose. (a) The design of driveways shall comply with the guidelines of AASHTO's A Policy on Geometric Design of Highways and Bridges, current edition. However, this division provides a summary of the minimum design constraints that will be checked during the plan review process. (b) The geometric design of an intersection is a collection of various elements such as radius, width, grade, angle of intersection, etc., that, in combination, provide for satisfactory operation of the vehicles that will use the intersection. Since the operating characteristics vary dramatically for different types of vehicles, the designer must first establish the design vehicle on which to base the driveway design. The designer should also check the final design to ensure the design vehicles can operate satisfactorily. Sec. 48-407. - Design for trucks. (a) The design criteria given in this article has more stringent requirements for trucks. Even though the general use of such guidance would result in more desirable operations for all vehicles, it is neither Page 18 practical nor necessary to design all facilities to accommodate trucks. The designer must use judgment in selecting the proper design vehicle. (b) When semitrailer combination trucks are expected to use the intersection on a regular basis and in numbers more than just an occasional vehicle, then the int ersection should be designed to accommodate the truck movements. This includes most driveways designed for industrial use and many commercial driveways. (c) For commercial uses such as shopping centers, the preliminary site plan should indicate where heav y duty pavement would be provided to accommodate truck access to loading docks. Any driveway associated with access/egress for the loading docks should use the truck radii. Minor movement driveways, particularly those that allow only right turns will generally only be used by passenger cars. Sec. 48-407A Connections to Rural Sections This section describes the requirements for connecting to city streets that do not have curb and gutter and where curb and gutter is not required for sidewalk or trail installation. (a) When ditches are constructed on the city right of way, the front slope should be no greater than 4:1. When the bottom of the ditch is between 5’ and 8’ below the edge of pavement, the front slope can be increased to 3:1. When the ditch is greater than 8’ below the edg e of pavement, the front slope can be increased to 2:1. In any case when the front slope is greater than 4:1 guardrail warrants should be applied. Detail A. Page 19 Detail B. Sec. 48-408. - Driveway width. (a) When traffic impact studies are required, the dri veway shall be designed to provide the number of lanes recommended in the study. The findings within the study supersede the standards set forth in Table 4. Standard lane widths are 12 feet. (b) When the need for multiple lanes is not established from a traffic impact study, the minimum and maximum driveway widths are as set forth in Table 4. Driveway Use Width (in feet) Minimum Maximum Current residential GA std.(less than 3 lots) 14 20 Farming, Agricultural 18 24 Current commercial (one-way) GA std.and residential more than 3 lots 16 20 Current commercial (two-way) GA std. and residential more than 3 lots 24 40 Table 4: Driveway Widths. Page 20 Sec. 48-409. - Corner radii. Corner radii are generally established by the minimum path of the inside wheels of the design vehicle when making a right turn. The minimum corner radii to be used for driveways are given in the following Table 5. Driveway Use Minimum Radius (in feet) Residential (less than 3 lots) 15 Commercial and residential more than 3 lots 35 Designed for trucks 75 Table 5: Minimum Corner Radii. Sec. 48-410. - Left turning control radii. The path of the inside wheels during left turns is also important for the design of median openings and intersections with dual left turn lanes. The following Table 6 contains guidelines for minimum left turning radii. Driveway Use Control Radius (in feet) Residential 40 Commercial 50 Table 6: Left Turning Control Radius. Page 21 Sec. 48-411. - Median crossover design. (a) GDOT guidelines are to be used. Driveways onto divided county roadways where full access is to be provided shall be designed in accordance with state department of transportation construction details for median crossovers. The detail has two types of desig ns (see Figure 3) that are applicable in different situations in the city. Type A median crossovers will not be permitted. (b) Type B. Type B median crossovers are required when the projected volume of the left turn movement exceeds 50 vehicles per hour per direction and when the median width is sufficient to offset the left turn lane from the adjacent through lane. This design provides better sight distance for vehicles in the left turn lane. This is important for unsignalized intersections and when unprotected turns are allowed at signalized intersections. (c) Type C. (1) Type C median crossovers are typically used in urban areas where the median width is limited to approximately 24 feet or less. With this type of crossover, it may be necessary to add p avement to the opposite edge in order to accommodate U-turns. (2) Table 7 illustrates the minimum pavement width that is required for vehicles to make U-turns. The required width is given for passenger cars and for WB-50 trucks. However, provisions for U-turns at median openings are normally based on passenger cars. Figure 3: Median Crossover Design Page 22 Driveway Use Minimum Width (in feet) Passenger car 48 WB: 50 truck 90 Table 7: Minimum Road Width for U-Turns Sec. 48-412. - Sight distance. (a) Driveways should be located to provide adequate sight distance. The minimum intersection sight distance criteria are provided in Table 8. The line of sight establishes the boundary of a sight triangle, within which there should be no sight obstruction. Any location where the sight line leaves the right-of- way, a permanent maintenance easement must be filed, and the area must be graded, landscaped, and kept free of objects such that sight distance is not compromised. The driver's eye should be located four feet off the centerline of the side street in the outbound lane. The object should be located at the center of the closest oncoming travel lane. Page 23 Arterial Speed (mph) Sight Distance (in feet) 2 Lanes 3 Lanes 4 Lanes SDL= SDR SDL SDR SDL SDR 30 335 310 355 335 375 35 390 365 415 390 440 40 445 415 475 445 500 45 500 465 530 500 565 Table 8: Intersection Sight Distance Requirements. The sight distance criteria are based on the time required for a vehicle to make a left turn from a stop - controlled approach to the county roadway (AASHTO Case B1). The time to execute the maneuver is based on recommendations contained in NCHRP Report 383, Intersection Sight Distance. The sight distances, for a two-lane road, are the distances traveled at the arterial speed during 7.5 seconds. The time is increased by 0.5 seconds for each additional lane to be crossed. (b) The sight distances given in Table 8 are for undivided roadways. If the roadway is divided, the effect of the median should be considered in determining the required sight distance. Based on the conditions, it may be feasible for the crossing maneuver to be done in two stages with a stop in the median. However, the intersection should only be treated in this manner if the signing and marking is accordingly provided. Otherwise, the sight distance requirements should be increased to account for the additional width that must be crossed. See AASHTO Green Book, chapter 9, intersections, for adjustments due to grades greater than three percent and design vehicles other than passenger cars. Sec. 48-413. - Horizontal alignment. In general, the horizontal alignment of driveways should be designe d using a tangent section from the centerline of the county roadway and extending to the property line. Horizontal curves should be sufficient to provide safe operations at speeds that would normally occur in the areas where they are constructed. Page 24 Sec. 48-414. - Angle of intersection. (a) Intersecting driveways and roads should generally meet at or nearly at right angles. Driveways and roads intersecting at acute angles create sight limitations that should be avoided. (b) In some cases, a more suitable overall design can be achieved by allowing intersecting angles other than 90 degrees. The following Table 9 gives the minimum angle of intersection that will generally be allowed for driveways designed to accommodate two-way traffic flow. Driveway Use Minimum Angle of Intersection (A) in Degrees Residential 70 Commercial 85 Designed for trucks 88 Table 9: Minimum Angle of Intersection for Two-Way Driveways. Sec. 48-415. - Alignment of approach and departure lanes. Driveways should be designed and constructed so as to align with driveways or streets on the opposite side of the roadway. The alignment of through movements crossing the roadway should be such that abrupt shifts in the travel pattern are not required. Sec. 48-416. - Auxiliary turn lanes. Page 25 (a) When any auxiliary turn lane that extends beyond the applicant property frontage, the applicant will be responsible for acquiring the necessary rights-of-way and easements in order to accomplish the necessary frontage improvements. (b) Except where necessary to control traffic, drainage or where necessary for the construction of sidewalk and trails, the use of barrier curbs on external roadways should be avoided for safety, and simplicity. Sec. 48-417. - Minimum requirements for deceleration lanes. (a) The provisions of this section shall generally apply to auxiliary lanes installed on the approach to an intersection that provide for deceleration and storage of vehicles waiting to turn right or left. Such lanes are always beneficial and will be required in conjunction with driveway permits when projected traffic volumes exceed minimum levels as provided in the following sections. (b) Right turn deceleration lanes must be constructed at no cost to the city if right turning volumes (RTV), based on ITE Trip Generation (assuming a reasonable distribution of entry volumes as approve d by the City Transportation Engineer) meet or exceed the values shown in Table 10. Passing lane sections fall under the criteria for two or more lanes. Posted Speed ADT < 6,000 >= 6,000 35 mph or less 200 RTV 100 RTV 40 mph-50mph 150 RTV 75 RTV Table 10: Minimum Volumes Requiring Deceleration Lanes. (c) In the event the city traffic engineer feels that field conditions or other factors indicate that it would be in the city's best interest to waive the decel lane requirement, the city traffic engineer must document the recommendations. The recommendations shall be approved by the public works director and be attached to the permit. The city traffic engineer may also require the addition of a right turn lane, even when the conditions in Table 10 are not met, if roadway geometry or field conditions indicate t hat the Page 26 safety of the traveling public would be improved. The recommendation must be documented and approved by the director of public works for inclusion with the permit. (d) The right-of-way for deceleration lanes must be dedicated in fee simple to the city for the city to maintain. A limited warranty deed is not acceptable when the right-of-way is donated to the city. When the construction of a deceleration lane is not required the right of way shall be dedicated to the city in sufficient width to allow for the future construction of the lane when condition warrant. (e) The pavement specifications for deceleration lanes must be the Georgia DOT Standard Specifications for Construction of Roads and Bridges, except as approved by the public works director i n cases where a lesser design may be acceptable or where a proposed project is expected to tie in. Sec. 48-418. - Deceleration lane design. (a) This section provides the design guidelines that should be used to establish the lengths of turn lanes if they are required. Turn lanes should provide a full-width lane that is long enough to allow for vehicles to decelerate from the operating speed to a full stop in addition to the length of full -width lane that is needed to store vehicles waiting to turn. Table 11 contains guidelines for lengths of tapers and full- width turn lanes for deceleration right turn lanes. Speed (mph) Full Width Storage (in feet) Taper (in feet) 35 100 50 40 150 50 45 175 100 Table 11: Minimum Deceleration Lane Lengths. (b) When traffic studies are conducted, the length of full-width lane needed for storage should be determined. If the length of full-width storage is greater than the length of full-width storage shown in Table 11, the longer length should be provided. (c) At signalized intersections, the amount of storage for both right and left turns can be based on the number of vehicles arriving during 1.5 signal cycles. Page 27 (d) For unsignalized intersections, a commonly used rule of thumb is that left turn storage should accommodate vehicles arriving during a two-minute period. Minimal storage is required for right turn lanes at unsignalized intersections. Sec. 48-419. - Minimum requirements for left turn lanes. (a) Left turn lanes must be constructed at no cost to the city if left turning volumes (LTV), based on ITE Trip Generation (assuming a reasonable distribution of entry volumes as approve d by the City Transportation Engineer) meet or exceed the values shown in Table 12. . Passing lane sections fall under the criteria for two or more lanes. Posted Speed ADT < 6,000 >= 6,000 35 mph or less 300 LTV 200 LTV 40 mph-50mph 250 LTV 175 RTV Table 12: Minimum Volumes Requiring Left Turn Lanes. (b) In the event the city traffic engineer feels that field conditions or other factors indicate that it would be in the best interest of the city to waive the left turn lane requirement, the city traffic engineer must document the recommendations. The recommendations shall be approved by the public works director and be attached to the permit. The city traffic engineer may also require the addition of a left turn lane, even when the conditions in Table 12 are not met, if roadway geometry or field conditions in dicate that the safety of the traveling public would be improved. The recommendation must be documented and approved by the public works director for inclusion with the permit. (c) The right-of-way for left turn lanes must be dedicated in fee simple to the city for the city to maintain. A limited warranty deed is not acceptable when the right-of-way is donated to the city. When the construction of a deceleration lane is not required the right of way shall be dedicated to the city in sufficient width to allow for the future construction of the lane when condition warrant. Page 28 Sec. 48-420. - Left turn lane design. (a) The design of left turn lanes should consider the intended function and the characteristics of the roadway. In many cases, it is necessary to widen the existing roadway to introduce the left turn lane. All vehicles approaching the turn lane are shifted to the right. The left turning traffic is then shifted back into the lane. Through traffic is returned to its original lane beyond the intersection . When the roadway has a median that is at least 20 feet wide, the left turn lane can be developed out of the median, avoiding the need for transitions. If a proposed driveway aligns across the main street with another driveway, and the proposed driveway must provide a left turn lane and left turn storage, then adequate storage and tapers must also be provided for the driveway across the main street. (b) The basic design elements of left turn lanes are illustrated in Table 13. This example shows symmetrical widening, which basically requires the through traffic on each side to shift by one half of the lane width. Some circumstances may dictate that all widening be achieved on one side, which requires a full lane shift for through traffic on the side where the additional width is developed. Table 13 provides guidelines for selecting the proper length of approach taper. Posted Speed Limit (mph) Approach Taper (in feet) Bay Taper (in feet) Full Width Storage 6 Foot Shift 12 Foot Shift 35 125 250 50 See Table 14 40 160 320 50 See Table 14 45 270 540 100 See Table 14 Table 13: Minimum Design Elements of Left Turn Lanes. Page 29 (c) The example shown in Table 13 has straight-line tapers. These are acceptable but other designs may also be used, including the following: partial tangent tapers, symmetrical reverse curve, and asymmetrical reverse curve. See latest edition of AASHTO green book for details. (d) The required length of full-width storage is based on the peak hour traffic volumes. This should be determined in the traffic study. The amount of storage is dependent on the type of traffic control in effect. For signalized intersections, the storage should be sufficient to accommodate the 95th percentile peak hour queue. At yield-controlled intersections, the storage is based on the number of vehicles as designated in Table 14. Peak Hour Left Turn Volume Equivalent Neighborhood Size (# of lots) Speed Limit of Road 35 mph 40 mph 45 mph Queue Feet Queue Feet Queue Feet 30 to 36 80 to 104 95 95 95 37 to 84 to 268 115 115 115 85 to 100 to 325 135 135 135 101 to 125 to 417 135 135 155 126 to 150 to 511 155 155 175 151 to 175 to 607 175 175 190 176 to 200 to 704 190 190 210 Table 14: Left Turn Storage Requirements. Sec. 48-421. - Raised islands. (a) Islands are an important form of intersection channelization that is often needed to prohibit undesirable movements, define the paths of allowed movements, and provide a refuge area for pedestrians. Any Page 30 location where two outbound lanes are proposed for a driveway at an unsignalized location, the right line must be for right-out only movement, and separated from the other lane by a raised island. (b) Painted lines are an effective means to direct the paths of vehicular movement. However, raised islands are more effective during times when visibility is reduced. When islands are to serve as pedestrian refuge areas, they should be constructed as raised islands. All sign posts to be placed within concrete area must have hole through pavement structure. The hole may be either formed, drilled or sawed. (c) Raised islands should be large enough to command attention and accommodate wheelchairs. The smallest raised island should have an area of 50 square feet in urban areas and 75 square feet in rural areas. However, 100 square feet is desirable in both cases. (Refer to the revised ADA standards). (d) When multiple crosswalks are required to pass through islands, the required size may exceed the 100 square feet mentioned in subsection (c) of this section. The addit ional area may be required to install wheelchair ramps. As an alternate to ramps, the pedestrian travel way can be "slotted" through the island, remaining on the grade of the roadway. (e) Figure 4 shows a typical design for a raised corner island at a two -lane driveway. This design uses a radius of 65 feet and provides an island of sufficient size for wheelchair ramps and level landings. (f) Figure 4 also contains a median island along the driveway. This drawing does not imply that median islands or corner islands are required for all driveways. However, large painted islands may not serve the intended channelization purpose and the type island to be used should be based on the actual circumstances of the site. (g) Raised islands should be offset from the edge of the adjacent travel lane on all sides. The amount of offset shall be a minimum of 18 inches as measured from the edge of the travel lane to the face of the curb. When raised islands are adjacent to roadways with posted speed limits of 50 mph or gr eater, the island shall be offset from the edge of the roadway by a minimum distance of ten feet. Page 31 Figure 4: Design of Raised Islands. Sec. 48-422. - Right-in, right-out driveways. Raised islands are also typically used to channelize the movements at a driveway where only right turns are allowed. The raised island is an effective means of preventing left turns. All right -in, right-out islands must have a radius that is 70 feet, or a compound curve that approximates 70 feet. Right-in, right- Page 32 out driveways are not intended for truck traffic, so the exit and entrance lanes must be 12 feet in width as measured from face of curb to face of curb. The island must be constructed from mountable curb (three inches vertical, 45-degree face, three inches flat) to accommodate emergency vehicles. The edge of the island should be offset 24 inches to 48 inches from the edge of the travel lane. Sec. 48-423. - Pavement design. (a) All construction, within the public right-of-way, of surfaces intended for travel by motorized vehicles shall be paved. The pavement specification of auxiliary lanes on city roadways shall be the Georgia DOT Standard Specifications for Construction of Roads and Bridges, or as designated in city standards as directed by the city. (b) New developments are required to widen the road along their frontage to a uniform lane width of 12 feet. If the widened area is two feet or less in width, a concrete sub-base should be provided per the current standards. The developer must then either pave the entire width of the road, or mill to the centerline and pave to match the existing road. All new pavement installations shall be edge milled to create a smooth transition to and from the new surface. Any deviation from this standard requires a waiver from the public works director or his or her designee. Sec. 48-424. - Pedestrian considerations. (a) When driveways are constructed in areas where pedestrian activity is not prohibited, the design should adequately provide for pedestrian movement and interaction with vehicular traffic. Pedestrian features that should be considered include sidewalks, crosswalks, traffic control features, and curb ramps are required. The Americans with Disabilities Act Accessibility Guidelines must be utilized where pedestrian traffic is expected. (b) Figure 5 contains typical locations for curb cut ramps. Ramps are required at all pedestrian crosswalks where curb is constructed or replaced. The required crosswalk detail is also shown in Figure 5. See current GDOT Construction Details for the appropriate treatment. Page 33 Figure 5: Typical Crosswalk Details. Sec. 48-425. - Clear zone requirements. (a) Experience has shown that motorists occasionally run off the roadway and providing a traversable recovery area can lesson serious injury. AASHTO publishes a Roadside Design Guide that should be used as a reference when designing driveways. Page 34 (b) Table 15 provides the clear zone distances as contained in the Roadside Design Guide. Driveways must be designed so that all areas within the roadway right-of-way have clear zones as defined in the following Table 15. Table 15: Clear Zone Distances (in feet from edge of traveled way). Note— Clear zones may be limited to 30 feet. Note— Fixed objects should not be present in the vicinit y of the toe of these slopes. The width of the recovery zones should consider a number of factors including right-of-way availability, economic factors, safety needs, and accident history. (c) All areas located within the clear zones should remain clear of obstructions such as bridge abutments, poles, trees, etc. If obstructions are unavoidable, the design should include appropriate protection such as break-away design, guardrail installation, safety end treatments on culverts, etc. The Roadway Design Guide includes a table for horizontal curve adjustments, where the clear zone correction factor is applied to the outside of curves only. Curves flatter than a 2,860 -foot radius do not require an adjusted clear zone. Page 35 Sec. 48-426. - Right-of-way requirements. (a) In order to construct driveways, it is often necessary to construct improvements to the city roadway. These improvements may include the addition of auxiliary lanes along the city roadway such as a deceleration lane or left turn lane. (b) If sufficient right-of-way exists, improvements to the city roadway may be permitted without the requirement of additional rights-of-way. In urban sections, the right-of-way should be no closer than 14 feet from the face of curb along state routes and 11 feet from the face of curb along all city roads. In rural sections, the point located one-half way up the back slope should be on or within the right -of- way line. Sufficient right-of-way should be donated to the city for the deceleration lane/commercial driveway. Paving specifications to match existing pavement or better should be full-depth to the right- of-way line. Depths may be reduced, if field conditions warrant, as approved by the public works director and as recommended by the city traffic engineer. (c) If an additional right-of-way is required in order to construct the required improvements, the applicant must dedicate the right-of-way. Secs. 48-427—48-445. - Reserved. ARTICLE VI. - SIGNS AND MARKINGS DIVISION 1. - GENERALLY Sec. 48-446. - Conformity with Manual on Uniform Traffic Control Devices required. All signing and pavement marking must be designed and installed in conformance with the latest edition of the Manual on Uniform Traffic Control Devices. Secs. 48-447—48-465. - Reserved. DIVISION 2. - SIGNING Subdivision I. - In General Sec. 48-466. - General provisions. Page 36 (a) All sign posts to be placed within a concrete area must have a six -inch wide diameter space through substructure. (b) The traffic control signs must be installed per the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD) with relation to the installation height, size, distance from curb, etc. In general, signs should be installed at least seven feet but no more than ten feet from the ground to the bottom of the sign, and at least two feet from the face of curb to the closest edge of the sign, or as required by the MUTCD. (c) The signs shall comply with installation and material standards established by the Publi c Works Department. (d) As part of the land disturbance permit process, the community development department will identify the number and location of signs. The minimum sign installation shall conform to the standards established in subdivisions 2 and 3 of this division. (e) The applicant will be responsible for maintaining the signs from installation to final inspection. The city reserves the right to replace stop or yield signs if they have been down for more than 12 hours, to replace any regulatory signs if they have been down for more than seven days, and to replace any other signs if they have been down for more than 14 days. This will be done at the cost to the applicant of $250.00 per sign. (f) The sign inspection shall be done by the community development department prior to acceptance of the final plat or as established by the community development department director. The signs should be performance bonded at the same time as the pavement at a cost of $100.00 per sign or as established by the community development department director. If the city needs to replace any signs at the time of the final inspection, the value would be forfeited. Secs. 48-467—48-485. - Reserved. Subdivision II. - Signs Installed in New Subdivisions Sec. 48-486. - Stop signs (R1-1). (a) The stop sign shall be installed on the right side of the approach to which it applies. Stop lines, when used to supplement a stop sign, should be located at the point where the road user should stop. Where there is a marked crosswalk at the intersection, the stop sign should be installed in advance of the crosswalk line nearest to the approaching traffic. Page 37 (b) Stop signs should be installed in a manner that minimi zes the numbers of vehicles having to stop. In most cases, the street carrying the lowest volume of traffic should be stopped. A stop sign should not be installed on the major street unless justified by a traffic engineering study as recommended by the MUTCD. If two streets with relatively equal volumes and characteristics intersect, typically the direction that conflicts the most with established pedestrian crossing activity or school walking routes or the direction that has the longest distance of uninterrupted flow approaching the intersection should be stopped. (c) No all-way stops may be installed in a new subdivision without the approval of the public works director and shall be designed in accordance with the MUTCD, latest edition. Sec. 48-487. - Yield sign (R1-2). Yield signs shall be installed when there are right turns at an intersection that are channelized apart from the through and left turn movements with a striped or raised island. In addition, yield signs should be installed on each approach of a roundabout. Sec. 48-488. - Reserved. Sec. 48-489. - Speed limit sign (R2-1). Speed limit signs shall indicate a 25 mph speed limit for streets internal to residential subdivisions, unless it is a local collector road for the development, and then it should be no higher than 35 mph. For neighborhood settings, only one speed limit sign shall be installed at each project entrance or at the points of change from one speed limit to another. This sign should be installed no less than 100 feet from the entrance of the subdivision, but no greater than 500 feet from the entrance. Sec. 48-490. - Street name sign (D3-1). (a) Street name signs shall be installed at every intersection. Overhead street name signs shall be installed where a subdivision street intersects at any traffic signal , otherwise ground mounted signs shall be installed. (b) Street name signs for public roads shall be green and street name signs for private roads shall be blue. If the street has no outlet, a "No Outlet" legend should be put on the end of the street name sign Page 38 blade closest to the main road. The "No Outlet" legend should have at least three-inch high all-capital black letters on a yellow field that is no more than eight inches wide. Sec. 48-491. - Roundabout sign. Roundabouts must be signed and marked per city standards. Sec. 48-492. - Stop ahead sign (W3-1) and yield ahead sign (W3-2). The stop ahead and yield ahead signs shall be installed on an approach to a primary traffic control devicein compliance with the MUTCD. Sec. 48-493. - Reserved. Sec. 48-494. - Additional signs. Additional signs may be required as appropriate by the public works department or the field inspector. Secs. 48-495—48-513. - Reserved. Subdivision III. - Sign Information and Pavement Markings Sec. 48-514. - Sizes and uses. All signs shall be of the sizes as designated in Table 16. This table also included the appropriate reference sections of the MUTCD which explain the proper use and installation of each of the signs previously designated. Page 39 Sign MUTCD Sections (2009 Ed.) Size Stop (R1-1) 2B.04 to 2B.07 30" × 30" Yield (R1-2) 2B.08 to 2B.10 36" × 36" × 36" Speed limit (R2-1) 2B.13 24" × 30" Roundabout and simple alignment warning signs Review section 2B- 2D 30" × 30" Stop ahead (W3-1a) and yield ahead (W3-2a) 2C.36 36" × 36" Street name (D3-1) 2D.43 Varies Table 16: Sign Information and Sizes. Sec. 48-515. - Pavement markings required. Pavement markings are required to separate lanes of travel and should be used along all edges of pavement. The following guidelines are provided for designing and installing pavement markings for driveways: (1) All pavement markings installed within the public right-of-way shall be thermoplastic material. (2) Lane lines are generally five inches (white); lane lines are not required where curb and gutter has been provided. (3) Stop lines should be 24 inches (white). (4) Centerlines should be five inches (double yellow). (5) Deceleration and left turn lanes should have turn arrows (Type 2) spaced every 100 feet. (6) Crosswalks should use the current Georgia DOT standard (see Figure 5). Secs. 48-516—48-534. - Reserved. Page 40 ARTICLE VII. - STATE REGULATIONS DIVISION 1. - GENERALLY Sec. 48-535. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alley (narrow public or private street) means a way through the middle of a block giving access to the rear or properties. Arterial street (a roadway with greater than 10,000 vpd) means a level of functional classification and city roads will be listed on the official Functional Classification Map, annually updated. . Capital improvements means any asset that increases the service capabilities of a public facility or work or materials applied to an existing asset that restores that asset or infrastructure to a "like new" condition, and improves the performance and reliability levels of the asset beyond the capabilities of the original installation, or performs a duty or service that was not previously provided. A capital improvement plan is commonly known as a CIP. Collector street (a roadway with between 4,000 and 10,000 vpd) means a level of functional classification and city roads will be listed on the official Functional Classification Map annually updated. Commercial driveway means any private entrance, exit, ramp, tunnel, bridge, side road, or other vehicular passageway to any property used for commercial purposes, except a farm or a dwelling house not exceeding a four-family capacity, and leading to or from any public road on the state highway system. Destinations means: (1) Stores (2) Restaurants; (3) Schools; (4) Banks; (5) Offices; (6) Other places of employment; (7) Daycares; (8) Residential community facilities (i.e., pools, tennis courts, clubhouse); Page 41 (9) Hospitals or health facilities; (10) Churches and other places of worship; (11) Recreation and parks facilities; (12) Privately-owned recreation facilities; (13) Entertainment venues; (14) Transit facilities; and (15) Other related locations. Driver means every person who drives or is in actual physical control of a vehicle. FHWA means the Federal Highway Administration. Functional classification means a listing and map which identifies which roads are major arterial, minor arterial, and collector. GDOT means the Georgia Department of Transportation. . LOS (level of service) means a quantitative and qualitative measure of how well traffic flows on a given street or highway. The term "level of service" includes such factors as highway width, numbe r of lanes, percentage of trucks, total traffic volume, turning movements, lateral clearances, grades, sight distance, capacity in relation to volume, travel speed and other factors which affect the quality of flow. The term "level of service" is typically summarized by letter grades described as follows: (1) Highway levels of service, per 15-minute flow period and intended for application to segments of significant length per direction per the Highway Capacity Manual 2000. a. Level "A" means nearly free-flow conditions with low traffic volumes, high speeds and free- flow conditions. Passing demand is well below capacity. Drivers are delayed no more than 40 percent of their travel time by slow-moving vehicles. A maximum flow rate of 490 pc/h total in both directions may be achieved with base conditions. Speeds are at or above the posted speed limit may require strict enforcement. b. Level "B" means nearly free-flow conditions with light traffic volumes, minor speed restrictions and stable flow. The demand for passing to maintain desired speeds becomes significant and approximates the lower boundary of the LOS B. Drivers are delayed in platoons up to 55 percent of the time. Service flow rates of 780 pc/h total in both directions can be achieved under base conditions. Above this flow rate, the number of platoons increase dramatically. Speeds are still very near the posted speed limit. Page 42 c. Level "C" means nearly free flow conditions, moderate traffic volumes, where speed and maneuvering are restricted to a limited degree by the amount of traffic. This results in noticeable increases in platoon formation, platoon size, and frequency of passing impediments. Although the flow is stable, it is susceptible to congestion due to turning traffic and slow-moving vehicles. Percent time-following may reach 70 percent. A service flow rate of up to 1,190 pc/h total in both directions can be accommodated under base conditions. Speeds are still near the posted speed limit. d. Level "D" means a condition with heavy traffic operating at tolerable speeds and restricted maneuverability, although temporary slowdowns in flow may occur. The two opposing traffic streams beginning to operate separately at higher volume levels, as passing becomes extremely difficult. Passing demand is high, but passing capacity approaches zero. Mean platoon sizes of five to ten vehicles are common, although speeds of 40 mph can still be maintained under base conditions. Turning vehicles and roadside distractions cause major shock waves in the traffic stream. Motorists are delayed in platoons for nearly 85 percent of their travel time. Maximum service flow rates of 1,830 pc/h total in both directions can be maintained under base conditions. e. Level "E" means considered at capacity, a condition of very heavy flow, very little if any freedom to maneuver, and reasonably low speeds. Under Level "E" the traffic is unstable and short stoppage may occur. Traffic flow conditions have a percent time -spent following greater than 85 percent. Even under base flow conditions, speeds may drop below 40 mph. Average travel speeds on highways with less than base conditions will be slower, even down to 25mph on sustained upgrades. Passing is virtually impossible at LOS E and platooning becomes intense, as slower vehicles or other interruptions are encountered. The highest volume attainable under LOS E defines the capacity of the highway, generally 3,200 pc/h total in both directions. Operating conditions at capacity are unstable and difficult to predict. Traffic operations seldom reach near capacity on rural highways, primarily because of lack of demand. f. Level "F" means a condition of extremely heavy flow, with frequent stoppage, significant queuing at constricted points and very slow speeds. It is an uns table traffic condition under which traffic often comes to a complete halt. Volumes are lower than capacity and speeds are highly variable. (2) Stop controlled intersection levels of service, per approach per the Highway Capacity Manual 2000. a. Level "A" means the average control delay of 0-10 seconds per vehicle (s/veh). b. Level "B" means the average control delay of 10-15 seconds per vehicle (s/veh). Page 43 c. Level "C" means the average control delay of 15-25 seconds per vehicle (s/veh). d. Level "D" means the average control delay of 25-35 seconds per vehicle (s/veh). e. Level "E" means the average control delay of 35-50 seconds per vehicle (s/veh). f. Level "F" means average control delay of greater than 50 seconds per vehicle (s/veh). (3) Signalized intersection levels of service, per lane per approach per the Highway Capacity Manual 2000. a. Level "A" means the average control delay of 0-10 seconds per vehicle (s/veh). b. Level "B" means average control delay of 10-20 seconds per vehicle (s/veh). c. Level "C" means the average control delay of 20-35 seconds per vehicle (s/veh). d. Level "D" means the average control delay of 35-55 seconds per vehicle (s/veh). e. Level "E" means the average control delay of 55-80 seconds per vehicle (s/veh). f. Level "F" means the average control delay of greater than 80 seconds per vehicle (s/veh). Local streets (roads with volumes of less than 4,000 vpd) means a level of functional classification and city roads will be listed on the official Functional Classification Map annually updated. Maintenance means work that is done regularly to keep equipment functioning properly or a neat, orderly appearance. (1) The term "maintenance" includes: a. Potholes; b. Resurfacing; c. Roadside trash pickup; d. Signal/sign/striping repairs; e. Parks; f. Community buildings; g. Grass cutting; h. Shoulder repair; and i. Streetlight bulb replacement. (2) The term "maintenance" does not include: a. Major damage due to auto crashes or natural disasters; Page 44 b. Equipment damaged during construction projects; c. Private roads; or d. Private entrance gates. Mitigation means to cause to become less severe, to alleviate congestion. Th e LOS minimum standards contained in this definition shall be used for impact assessment and mitigation analysis. (Reference GRTA DRI Technical Guidelines.) (1) Major arterials: LOS C. (2) Minor arterials: LOS C. (3) Collectors and others: LOS C. Motor vehicle means every vehicle that is self-propelled. New trips means the total vehicle trips, minus pass-by trips, minus internal trips, if applicable. Owner means a person, other than a lienholder or security interest holder, having the property in or title to a vehicle. The term "owner" includes a person entitled to the use and possession of a vehicle subject to a security interest in or lien by another person but excludes a lessee under a lease not intended as security except as otherwise specifically provided in this title. Pass-by trips means vehicle trips which are made by traffic already using the adjacent roadway and entering the site as an intermediate stop on the way to another destination. Peak hour means: (1) 7:00 a.m. to 8:00 a.m., 8:00 a.m. to 9:00 a.m. or the highest four 15-minute increments within such time period for the a.m. peak hour; and (2) 4:00 p.m. to 5:00 p.m., 5:00 p.m. to 6:00 p.m. or the highest four 15-minute increments within such a time period for the p.m. peak hour. Peak-hour trip generation study means a study by a qualified professional of one or more actual developments of similar land use and development characteristics wh ich provides empirical data on the actual number of trips entering and exiting said development during the a.m. and p.m. peak hour. A peak - hour trip generation study shall consist of a.m. and p.m. peak hour traffic counts by direction (entering and exiting) on at least three separate weekdays if the study is based on only one similar development, or at least one a.m. and p.m. traffic count for three different actual developments. The results of actual traffic counts from peak-hour trip generation studies may be adjusted to discount pass-by trips as provided in this article. Private streets means roadways constructed to Fulton County or city standards but owned and maintained by a private entity (typically a homeowners' association). Page 45 (1) Necessary easements for ingress and egress for police, fire, emergency vehicles, and all operating utilities shall be provided. (2) Should the city, ever be petitioned to assume ownership and maintenance of the private streets prior to formal dedication of their streets as public, they must be brought to acceptable city standards subject to the approval of the public works director. (3) The term "private road or driveway" means every way or place in private ownership and used for vehicular traffic by the owner and those having express or implied permission from the owner, but not by other persons. Public or private property means the right-of-way of any road or highway; any body of water or watercourse or the shores thereof; any park, playground, building, refuge or conserv ation or recreation area; and residential or farm properties, timberland or forest. Public streets means rights-of-way used for access owned and maintained by the federal, state, or local government. Professionally accepted means published by the Institute of Transportation Engineers, or prepared by a qualified professional under work supervised by the city, or prepared by a qualified professional; and accepted by the city engineer. Qualified professional, for purposes of conducting traffic impact studies as may be required by this article, means a registered professional engineer with experience in traffic engineering. For purposes of conducting peak hour trip generation studies, the term "qualified professional" means a registered professional engineer with experience in traffic engineering, or another professional approved by the Transportation Engineer based on education and experience to conduct such trip generation studies. Reserved rights-of-way means the potential right-of-way reserved for expansion or new right-of-way including, but not limited to, the calculation of total allowable density and the determination of building setbacks and buffers. In conjunction with the conveyance of any parcel affected by a reserved right-of-way, the developer shall retain the right to require the parcel owner to dedicate the reserved right -of-way to the city (at no cost or expense to the city) in the event that traffic demand warrants an expansion, the Transportation Master Plan shows such new location roadway, or is required as a condition of rezoning. Right-of-way means the right to pass through property owned by another, as with a highway; to take precedence in traffic. Sidewalk means that portion of a street between the curb lines, or the lateral lines of a railway, and the adjacent property lines, intended for use by pedestrians , and further defined by Sec. 48-562. Significant-engineering certification means that substantial and commonly accepted engineering standards are met. The term "significant-engineered certification" includes, but is not limited to, the following engineering standards being met: Page 46 (1) Roadside Design Guide; (2) ITE Handbook; and (3) MUTCD guidelines. Subdivision. (1) The term "subdivision" means: a. All divisions of a tract or parcel of land into two or more lots, buildings, sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development; b. All division of land involving a new public road or a change in existing public roads or new drives, driveways, access ways, or changes that require access to the state right-of-way; c. Resubdivision; and d. Where appropriate to the context, relates to the process of subdividing or to the land or area subdivided. (2) The term "subdivision" does not include the following: a. The combination or recombination of portions of previously platted lots where the tota l number of lots is not increased and the resultant lots are equal to the standards of the municipality; or b. The division of land into parcels of five acres or more where no new street is involved. Traffic impact study means an analysis and assessment, conducted by a qualified professional, that assesses the effects that a discretionary development proposal's traffic will have on the transportation network in a community or portion thereof. Traffic impact studies vary in their range of detail and complex ity depending on the type, size and location of the proposed development. Trip means a single or one-directional travel movement with either the origin or destination of the trip inside the study site. (Institute of Transportation (ITE): Trip Generation). Since person-trips are sometimes used within an analysis, all "trips" in this article will be assumed to be vehicle movements and the phrase "person trips" will be used to differentiate between those two measures. Sec. 48-536. - Penalty; enforcement. (a) Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not more than $1,000.00 or no more than 60 days in jail or both for each occurrence; and each occurrence shall be deemed a separate offense. (b) Unless otherwise specifically provided by resolution of the mayor and city council, the enforcement of this article shall be within the jurisdiction of the city's police department and any other city officer Page 47 authorized by the state to m ake misdemeanor criminal arrests. Persons designated by the governing authority are hereby authorized to issue citations or summons or both, charging violations under this article, returnable to a court or courts having jurisdiction over state traffic offenses or other courts having jurisdiction over violations of city ordinances. (c) For purposes of enforcing the provisions of this article, any city court having jurisdiction over state traffic offenses or other courts having jurisdiction over violations o f city ordinances shall be entitled to take such action to ensure compliance, and the person convicted shall reimburse the city for any cost or expense associated with such compliance efforts, and the city shall be entitled to place a lien on the property or require a bond from the person to secure payment and reimbursement for these expenses. Secs. 48-537—48-557. - Reserved. DIVISION 2. - CONSTRUCTION STANDARDS AND SPECIFICATIONS Sec. 48-558. - Permits. (a) Required. (1) City permits shall be in accordance to state law, O.C.G.A. chapter 32. (2) No person or company shall perform construction work non-routine maintenance work in the street right-of-way without a right-of-way encroachment permit issued by the city or, if necessary, the state department of transportation. This includes but is not limited to the following: grading, landscaping, drainage work, temporary access to undeveloped land or construction of a development. Any revisions to any portion of existing driveways, i.e. widening or relocations, shall also require a permit. If any significant change in land use is requested, the department has the right to require modifications to the existing drive to comply with regulations. Such permit shall be posted at the construction site at all tim es. Such construction must conform to the construction/maintenance guidelines and specifications of the city or the GDOT. The public works department shall be authorized to oversee and manage the right-of way encroachment permit. (3) No person or company shall construct a drive or entrance to any public road without a permit from the city, and if necessary the state department of transportation. (4) It shall be unlawful for any person to construct any permanent feature such as an irrigation system, sign or fence in the public right-of-way without a permit from the city, or if necessary, from Page 48 the state department of transportation. Existing features are not necessarily grandfathered. (See section 48-585.) (b) Procedure. (1) Contents. Any permit application to the city shall indicate in writing the following: a. All proposed repair, work, maintenance, or alteration to existing city sidewalks or streets including, when possible, proposed measurements and plats of any repair, alteration, or maintenance. This shall include, but is not limited to: tree trimming in the right-of-way, utility work in the right-of-way, open street cuts, shoulder construction, street bores, road closures, new development roads or driveways, or new lanes. b. Compliance with applicable local, state and federal laws. (2) Permits for work within the rights-of-way established as state routes shall be issued by the Georgia Department of Transportation, District Seven. (3) The city is authorized to establish additional guidelines and policy for applying for permits. Said guidelines shall be consistent with this Code and must be approved by the Public Works DIrector. Sec. 48-559. - Construction road signage and warnings. (a) Each person or company to whom a permit has been issued to perform construction work in rights -of- way shall place appropriate traffic devices and signage as dictated by the current edition of the Manual on Uniform Traffic Control Devices. (b) It is unlawful for any person who obtains a permit under this article to do any excavation of any kind which may create or cause a dangerous condition in or near any street (public or private), alley (public or private), sidewalk, or public place of the city without placing and maintaining proper traffic control or other warnings at, in or around the same, sufficient to warn the public of the excavation or work, and to protect all persons using reasonable care from injuries. All work in rights -of-way must be conducted in a manner that is consistent with the Manual on Uniform Traffic Control Devices (MUTCD), latest edition, the city right-of-way encroachment permit, and Occupational Safety and Health Administration (OSHA) standards including trenching. (c) Road signage within rights-of-way shall be decided by policy within the public works department, except where the jurisdiction along state routes shall be the state department of transportation is required by state law. (d) Detours and road closures shall have state department of transportation certified flaggers or off-duty police officers when required by right-of-way permit. Page 49 Sec. 48-560. - Repair after excavation. (a) When any part of any street, alley, or other property of the city shall be torn or dug up for any purpose, the person or company performing such construction work shall promptly restore the street, sidewalk, and landscaping to a condition as good as or better condition than before the construction commenced. (b) The city will conduct a final inspection known as a punchlist to ensure that the street, sidewalk, or public way is restored to a condition that is in compliance with these regulations, and that all debris, materials, tools, and equipment are removed. (c) Steel plates are not an acceptable method of temporary restoration of lanes during roadwork unless specifically permitted. Only if the open cut can not be restored prior to weekend or holiday, shall steel plates be installed with pegs and coldpatch for no longer than 72 hours at the discr etion of the Public Works Director, until work resumes. Though covered by a plate, each open cut must be completely filled with no. 57 stone. Violators will be subject to a $1,000.00 fine per instance and location. Fines shall be calculated by calendar day and each calendar day shall receive such fine. The city requires bores except when sufficient hardship is accepted by the city. Sec. 48-561. - Creation of roads. (a) The Transportation Engineer or his or her designee shall approve the design and construction for any new roads within the city. (1) Creation of new roads shall conform to all rules set out in O.C.G.A. chapter 32. (2) Functional classifications as defined in section 48-535. (3) The standard construction specifications shall be the online do cument, The GDOT source: http//tomcat2.dot.state.ga.us/thesource/specs/index.html. The English system of measurement shall be used. (4) Enforcement shall be by engineering testing on all new public or private rights-of-way prior to final plat approval or certificate of occupancy, whichever is appropriate. (b) Engineering testing guidelines. (1) Road cores and reports are required per GDOT specifications. Asphalt or concrete design mix will be verified by this. Field engineer with testing company shall cho ose locations in cooperation with the city construction inspector. a. A minimum of one road core per turn lane installation. b. A minimum of one road core per 250 linear feet of new road or road that is being overlaid. c. Additional locations may be required as necessary. Page 50 (2) Compaction testing per GDOT specifications (density and proctor) on GAB. This will also include the proof roll with the city construction inspector on site. a. A minimum of one test per turn lane installation. b. A minimum of one test per 250 linear feet of new road. (3) Subbase compaction testing per GDOT specifications (density and proctor). This will occur just prior to GAB installation. a. A minimum of one test per turn lane installation. b. A minimum of one test per 250 linear feet of new road. (4) Rural and urban typical sections shall be determined according to the definitions of this article and the standard details attached herein. Adherence to these complete details requires the use of ditches for rural typical sections which may not be filled in or removed by a developer or property owner. Fines for such removal shall be $1,000.00 per day per location and require the offender to remediate such problems as have been created to the city's acceptance. (5) Existing unpaved (gravel) roads shall not be paved except by the following processes: a. Petition of homeowners located on the road; (See public works policies.) b. Approval by city staff and, when that section of road has been identified as part of the trails plan, approval by the recreation and parks committee; and c. City council approval. (6) Proposed private gravel roads shall be residential in nature. Private gravel roads may be permitted under the following conditions: a. W hen the projected ADT is less than 400 VPD; and, b. The proposed gravel road does not connect to more than one higher classification road ; and, c. The typical section is constructed in accordance with standards developed by the Public Works Department. (7) Proposed public unpaved (gravel) roads shall not be allowed. Sec. 48-562. - Creation of sidewalks. The City Council for the City of Milton finds that sidewalks, both internal and along the entire road frontage of a development, primarily advance the interests of the owners and occupants of such development. Such interests so advanced include (1) increasing intra -development pedestrian mobility; (2) Page 51 promoting exercise and wellness; (3) creating a sense of community; (4) reducing vehicular traffic; and (5) increasing overall development safety. Accordingly, Sidewalks shall be installed as follows: (1) All owners, developers, or occupiers of parcels of land where a development permit or building permit is issued and any portion of the parcel is within ½ mile of a school or active public park and the parcel is not identified on the current bike and pedestrian master plan shall be required to provide a sidewalk, consistent with the city standards. a. Such sidewalk shall conform to the AASHTO and applicable ADA requirements and to all applicable overlay district guidelines and standards. b. Sidewalks internal to subdivisions shall be installed in accordance with the City of Milton Subdivision regulations. c. Where it is determined to be in the best interest of the City payment in lieu of installation may be made in accordance with Section 48-674(3). (2) In cases where a development permit or building permit is sought on tract of land proposed for single-family development: a. In major subdivisions or on commercial projects, the city shall require internal pedestrian facilities on both sides of any public or private right-of-way or as may be required in the Subdivision Regulations. Subsequently, the development permit shall indicate proposed construction of pedestrian facilities on all proposed streets and along the entire frontage when required. b. The installation and city acceptance of required sidewalk shall be completed prior to a certificate of occupancy being issued for the building or structure on the affected parcel. (3) Where trees exist or other conditions exist, the city may require the sidewalks to meander in the right-of-way or into the lot where the permit is being sought. Should the s idewalk meander out of the right-of-way, a sidewalk easement or additional right of way dedication will be required. Meandering designs shall not be severe radii to better accommodate persons with disabilities. (See article VIII of this chapter.) (4) The city shall require the sidewalk to be installed at least five feet from the back of curb along the road unless the city determines a practical difficulty exists or an overlay district requires an additional setback. (5) Exceptions. This section shall not apply to any lot or parcel for which a development permit or building permit is issued but where the city determines that the permit is for an accessory use or structure to the principal use or structure or for minor repairs or additions to the principal building or structure in existence. Such determination will be made by the community development department. Page 52 Sec. 48-563. - Existing sidewalks. (a) For any land or building development where sidewalks are required as outlined in section 48 -562, and there is an existing sidewalk along the road or street frontage, an inspection of the sidewalk shall be made by the city. If the inspection shows the sidewalk is deficient or does not exist along the entire frontage, the owner must construct or repair the sidewalk to current design specifications including material revisions, such as concrete to brick, as required by the city. (b) The property owner shall be required to maintain the sidewalk along the entire lot frontage by maintaining the grass or landscaping in the right-of-way. (c) No person shall be permitted to erect any drain, gutter, downspout, valley, flat, or sloping roof of any character that will in any manner drain or shed water on any sidewalk of the city. Sec. 48-564. - Regulatory, warning and guide signs. (a) Pole mounted. (1) Standards. a. Public signs shall be mounted on a standard galvanized breakaway square pole type as approved by the public works department. All street name sign blades must be double sided 0.080 gauge aluminum and nine inches high by 36 inches wide with six-inch letters. All street name signs shall be mounted on the same pole as stop sign where practical. All public street name signs shall have white high intensity (HI) six-inch letters with green high intensity backgrounds. 1. Dead-end roads shall have end marks in high intensity (HI) yellow. 2. A single installation by the property owner of all required signs is required prior to final plat. 3. Only overlay districts shall be allowed to post neighborhood toppers as included in standard details: "Crabapple" and "Birmingham." b. Private signs shall be mounted on a standard galvanized breakaway square pole type by a contractor qualified to perform this work and permitted for this project using the right-of-way permit. All external street name signs must be double sided 0.080 gauge aluminum and be nine inches high by 36 inches wide. All street name signs shall be mounted on the same pole as stop sign where practical. All private street name signs shall high white high intensity (HI) six-inch letters with blue (HI) backgrounds. 1. Dead-end roads shall have end marks in high intensity (HI) yellow. Page 53 2. A single installation by the property owner of all required signs is required prior to final plat. 3. Overlay districts shall be allowed to post neighborhood toppers as included in standard details: "Crabapple" and "Birmingham." 4. Subdivision identification toppers may be allowed within subdivisions. (2) Requests. If a request is made for decorative sign poles, the neighborhood must submit a formal traffic control signage plan showing the recommended placement, size, type of pole, and type of sign to be installed. This is more than a sign shop detail page. The Transportation Engineer or his or her designee will evaluate the request with final comments. All signs and poles must meet the requirements set forth in the Manual on Uniform Traffic Control Devices (MUTCD) (www.mutcd.fhwa.dot.gov.). If decorative sign poles are approved, only a qua lified sign contractor is allowed to install the devices. If decorative sign poles are used, there must be a signed and recorded agreement from the homeowners' association stating that they will be responsible for maintaining the decorative poles. If a decorative pole is damaged and not replaced within 48 hours, the public works department will install a standard pole and standard sign if located on a public street. If the decorative pole is replaced, the contractor must contact the public works department for the city to retrieve the standard pole if located on a public street. The length of the sign pole must be high enough to allow for vertical clearance of the signs mounted. There will be no cost to the city associated with the installation or maintenanc e of decorative poles. (b) Overhead. (1) Standards. Overhead signage is required at all signalized intersections. Signage shall comply with current MUTCD and GDOT standards. (c) Mast arms for traffic signals. (1) Standards. Mast arms shall comply with the standards approved for use by the Public Works Department. (d) City streetlights. (1) Standards. City streetlights, decorative, period lighting, and parkway lighting shall be products readily available through the local power service providers. The city shall repair, maintain, and pay utility bills for streetlights on public rights -of-way. The homeowners' association or private business shall repair, maintain, and pay utility bills for streetlights on their respective private rights-of-way. Other types of landowners with private lighting are likewise required to pay for utility bills on their respective properties. (2) Requests. Requests for street lighting by citizens or businesses, city boards and commissions shall be directed to the public works department. Should such application show that street lighting Page 54 would provide a significant traffic safety difference, such request will be added to the capital improvement plan at either the annual or midyear listing. Should such application show that street lighting is a non-transportation safety project, the application will be denied and placed on the long range list for capital improvement projects. Should the denied applicant desire to move this forward more quickly, the applicant can pay 100 percent of the cost of materials and installations by a qualified utility contractor or the electrical utility com pany directly, the city would accept the streetlights as a gift in kind and thus repair, maintain, and pay utility bills for such streetlights on public rights-of-way. (3) Removal. Requests for removal of street lighting by citizens within a subdivision considered rural on the City of Milton Future Land Use Plan may be considered through a petition and application process for removal of streetlights as defined in the public works policies. Secs. 48-565—48-583. - Reserved. DIVISION 3. - PROHIBITIONS AND USES Sec. 48-584. - Obstruction of right-of-way. (a) No person shall place or cause to place in any right -of-way: debris, rubbish, irrigation water, boxes, displays, signs, poles, goods, merchandise, or any other object so as to impede or endanger traffic on streets and sidewalks. (b) No person or company shall construct or maintain a drive, yard, or lot constructed of gravel, pebbles, or stone in such a manner that vehicles cause loose stones, pebbles or gravel to be thrown on to the adjacent street or sidewalk. (c) Any personal property placed on the right-of-way following an eviction notice shall be removed within 24 hours of physical eviction unless an extension of time is requested on behalf of the evicted tenant. For purposes of this chapter such property is deemed abandoned property 24 hours following eviction unless the landlord by contract specifies a shorter time. If the property is not removed within 24 hours, the city may commence removal and cite the property owner. The penalty assessed shall be 125 percent of the cost the city incurs in removing the property plus a fine of $1,000.00 shall be incurred. (d) Illegal dumping within the right-of-way shall be removed within 24 hours of the notice of violation if not considered an immediate threat but will be removed immediately if considered an immediate threat to safety by the public works department. If the city is required to remove such debris, a penalty of 125 percent of the cost the city incurred in removing the property plus a $1,000.00 fine shall be assessed. Page 55 Sec. 48-585. - Location within the right-of-way. (a) A right-of-way and utility encroachment permit is required for all activities within the right -of-way including, but not limited to, the construction, installation, repair or repla cement of pipe, conduit, cable or other facilities vital to the function of the utility or construction site referenced for the flow of traffic (vehicles and pedestrians) (i.e. a driveway, shoulder, or road construction) at the referenced location. Such permit shall be managed by the public works department. (b) Irrigation systems, landscaping, fences, walls, non-operable vehicles, trailers, boats, dumpsters and other fixed objects within the right-of-way are safety hazards and not allowed within the right-of-way. However; certain landscaping and irrigation systems may be permitted upon the submittal of an indemnification form and other documents as may be required by the Public Works Department. (1) New unpermitted installations of such encroachments shall be removed and shoulders dressed at the cost of the property owner within 30 calendar days of the citation plus a fine of one-half the cost of the largest permit fee for the site. Should such installations be on an active construction site, all CO's, LDP's, final plats, or other pressing applications to the city will be held until such fine is paid by the property owner. (2) Existing installations shall be subject to safety evaluations and must be relocated outside of the right-of-way when major repairs or replacement occurs. Safety evaluations by public works may result in an eviction notice and subsequent removal of such installation. Such removal shall occur within 30 calendar days; however, no fine shall be assessed for existing permitted installations . The burden of proof for the date of existing installations shall be by the Fulton County permit date, dated construction drawings, or receipts. Without these, a fine shall be assessed as if it was a new unpermitted installation. (3) Temporary items such as dumpsters, parked semi-trucks, and other related items as determined by the public works department shall be given a citation and will be towed from the right -of-way immediately to the subject parcel. The cost to the city will be reimbursed at a rate of 125 percent plus a $500.00 fine awarded to the property owner. An exception shall be moving to or from a house: a semi without a tractor is allowed to park on a neighborhood street when a right -of-way encroachment permit is approved and proper advance warning signage is used. The maximum length of time this permit for this application will be valid shall be 48 hours. (c) Mailboxes. Mailboxes are subject to all regulations of the United States Postal Service (USPS). In addition: (1) Single breakaway post mailboxes shall be the standard installation, placed five feet from the edge of pavement. This installation shall not require a permit. Page 56 (2) Fixed object mailboxes (i.e., brick, stone, concrete, stucco, anything other than a standard mailbox) are not allowed within the right-of-way. Installations of such mailboxes shall also be subject to other requirements of this chapter and the AASHTO Roadside Design Guide, current edition. (d) Trees. Trees within the right-of-way shall be classified as follows: (1) Shoulders. Street trees are required to be planted behind the sidewalk for urban sections or outside of the AASHTO defined clear zone for on-system roadways, this may extend outside of the right-of-way onto personal property for on-system roadways. The right-of-way encroachment permit is required for plantings inside the right-of-way but outside of the clear zone. Any tree within the right-of-way is subject to removal for safety reasons upon coordination of public works and the city arborist. Street trees planted in the beauty strip are subject to removal by the city for safety reasons. When the beauty strip is the only area available for planting, as determined by the city arborist, the Georgia Department of Transportation (GDOT) category breakaway trees such as crepe myrtles, hollies, etc., shall be planted there and must be maintained by trimming appropriately by the property owner through a right-of-way landscaping agreement. (2) Medians. Only Georgia Department of Transportation (GDOT) category breakway t rees shall be acceptable within planted medians, Additional landscaping maintained below 18 inches is also acceptable. When median street trees are impacted, show signs of decline, or have a safety concern, as determined by the city arborist, the replacement trees in the median shall meet this updated requirement. Trees planted in the medians and shoulders must also meet: a. The AASHTO Roadside Design Guide; and b. The GDOT Pedestrian and Streetscape Guide. (e) On-street parking. (1) Vehicles may park on roads of subsequent width unless specifically prohibited by signage. The city may regulate and prohibit parking of any type of vehicle on any public road. It shall be unlawful to park any truck or any trailer which is designated by the department of public safety for a license tag in a weight category heavier than 6,000 pounds on the right -of-way of any residential street or upon residential zoned property, unless said vehicle is making a delivery to said residential property. School buses shall not fall under this section. a. This section shall not apply to construction vehicles, trailers, or equipment temporarily located (maximum six hours) within a construction area, provided such vehicles, trailers or equipment are used in connection with dwelling units under construction within such construction area. Page 57 b. Such officer is authorized to move such vehicle or require the driver or other person to move the same. If the vehicle is unattended, such officer is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are further authorized, with or without the owner's consent, to remove or have removed any o bstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion. (2) Vehicles and trailers of any kind without current license plates, or vehicles, trailers or equipment permitted to remain in an inoperable condition for more than 30 days shall not be parked or stored on or about any property within a residential-zoned district; provided, however, this section shall not apply to vehicles, trailers or equipment stored in an enclosed structure or appropriately covered and located in the rear yard area. (3) Exception: moving to or from a house. A semi with attached tractor is allowed to park on a neighborhood street when a right-of-way encroachment permit is approved and proper advance warning signage is used. The maximum length of time this permit for this application will be valid shall be 24 hours. MUTCD acceptable cones, barricades, and other appropriate warning devices shall be placed to provide advance warning to motorists. (4) The city may place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state highway system located within the corporate limits of the municipality when authorized by GDOT. Sec. 48-586. - Assemblies, demonstrations and parades. Regulation of assemblies, demonstrations and parades are governed by article IX, public assemblies, of this chapter. Sec. 48-587. - Agricultural uses. (a) Agricultural equipment, such as tractors, combines, etc., shall be allowed to travel during daylight short distances, of approximately one mile, along the right -of-way without being transported by a trailer for the purposes of traveling between utilized agricultural lands. A penalty of $100.00 per incident shall Page 58 be the fine for violators of this rule. Law enforcement responsibility for enforcement of this article shall be in the department of public safety except: (b) Just as construction equipment within LDP permits has limitations, so too does agricultural equipment. (1) Agricultural equipment limitations include, but are not limited to: a. The removal of mud from the roadway; b. The removal of gravel from the roadway; and c. The repair to the roadway from track equipment, oversize equipment, etc. (2) The following penalty applies in such situations: a. A $100.00 fine per incident; b. Plus the cost of repairs to the road; and c. Plus the cost of certified traffic control by the person who caused the damages. (3) Enforcement responsibility for this article shall be in the public works department by sworn code enforcement officers. The traffic control shall be placed within 24 hours after a notice of violation or citation was given. The road repair shall begin within three business days of date of a notice of violation or citation. (c) The following vehicles may exceed such limitation without a permit: (1) Farming or agricultural equipment; (2) Horses; or (3) Forest management equipment, whether self -propelled or being hauled, when such vehicle or equipment is being operated during daylight hours upon a public road. (d) Horses will ideally be ridden on gravel roads and other marked paths, marked trails, or rig hts-of-way during daylight hours. Sec. 48-588. - Construction and oversize vehicle uses. (a) Haul permits are required from the public works department when more than 30 truck trips per day for two weeks or when 10,000 CY of material will be hauled on a right-of-way. Such application shall be concurrent with the right-of-way permit with a site map and calculation of earthworks and trips needed. (b) Oversize vehicles and equipment that is not street legal are required to be conveyed from location to location using a trailer, subject to all applicable state and GDOT rules and permits. Page 59 Sec. 48-589. - Rules of the road. The rules of the road shall include, but are not limited to: (1) The Georgia Department of Driver Services, Georgia Driver's Manual, current edition; and (2) Georgia Bike Sense Guide. Secs. 48-590—48-608. - Reserved. DIVISION 4. - TRAFFIC IMPACT STUDIES Sec. 48-609. - Thresholds and applicability. (a) Traffic studies shall be submitted with all rezoning applications. (b) Projects that qualify as an Atlanta Regional Commission (ARC) development of regional impact (DRI) are required to meet the city's impact study requirements. Note that the DRI study will be require d at the time of rezoning. (c) The thresholds for determining the requirement of a traffic impact study were developed as follows: DRI: non-metropolitan threshold or 50 percent of the DRI, metropolitan threshold, whichever is smaller, except as noted by ***. Use DRI: Metropolitan Regions DRI: Metropolitan Regions (50%) DRI: Nonmetropolitan Regions Milton Threshold Office >400,000 sq. ft. >200,000 sq. ft. >125,000 sq. ft. >125,000 sq. ft. Commercial >300,000 sq. ft. >150,000 sq. ft. >175,000 sq. ft. ***> 100,000 sq. ft. or > 20,000 sq. ft. with drive- through Wholesale and distribution >500,000 sq. ft. >250,000 sq. ft. >175,000 sq. ft. >175,000 sq. ft. Page 60 Hospitals and health care facilities >300 new beds; or generating > 375 peak hour vehicle trips per day >150 new beds; or > 187 peak hour trips per day >200 new beds; or generating > 250 peak hour vehicle trips per day >150 new beds; or > 187 peak hour trips per day Housing >400 new lots or units >200 new lots or units >125 new lots or units ***> 100 new lots or units Industrial >500,000 sq. ft.; or employing > 1,600 workers; or covering > 400 acres >250,000 sq. ft.; or employing > 800 workers; or covering > 200 acres >175,000 SF; or employing > 500 workers; or covering > 125 acres >175,000 SF; or employing > 500 workers; or covering > 125 acres Hotels >400 rooms >200 rooms >250 rooms >200 rooms Mixed use >400,000 sq. ft. or > 120 acres; or if any of the individual uses meets or exceeds a threshold as identified herein >200,000 sq. ft. or > 60 acres; or if any of the individual uses meets or exceeds a threshold as identified herein >125,000 sq. ft. or > 40 acres; or if any of the individual uses meets or exceeds a threshold as identified herein >125,000 sq. ft. or > 40 acres; or if any of the individual uses meets or exceeds a threshold as identified herein Airports All new airports, runways and runway extensions All new airports, runways and runway extensions Any new airport with a paved runway; or runway additions of > 25% of existing runway length Any new airport with a paved runway; or runway additions of > 25% of existing runway length Attractions and recreational facilities >1,500 parking spaces or a seating capacity of > 6,000 >750 parking spaces or a seating capacity of > 3,000 >1,500 parking spaces or a seating capacity of > 6,000 *** > 100 spaces School New school with a capacity of > 2,400 students, New school with a capacity of > 1,200 students, New school with a capacity of > 750 students, or ** New school with a capacity of > 100 Page 61 or expansion by at least 25% of capacity or expansion by at least 12.5% of capacity expansion by at least 25% of capacity students, or expansion by at least 25% of capacity Waste handling facilities New facility or expansion of use of an existing facility by 50% or more New facility or expansion of use of an existing facility by 25% or more New facility or expansion of use of an existing facility by 50% or more New facility or expansion of use of an existing facility by 50% or more Quarries, asphalt and cement plants New facility or expansion of existing facility by > 50% New facility or expansion of existing facility by > 25% New facility or expansion of existing facility by > 50% *** Any new Wastewater treatment facilities New facility or expansion of existing facility by > 50% New facility or expansion of existing facility by > 25% New facility or expansion of existing facility by > 50% New facility or expansion of existing facility by > 50% Petroleum storage facilities Storage > 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity > 200,000 barrels Storage > 25,000 barrels if within 500 feet of any water supply; otherwise, storage capacity > 100,000 barrels Storage > 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity > 200,000 barrels Storage > 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity > 200,000 barrels Water supply intakes/reservoirs New facilities New facilities New facilities New facilities Intermodal terminals New facilities New facilities New facilities New facilities Truck stops A new facility with > three diesel fuel pumps; or containing a half A new facility with > 2 diesel fuel pumps; or containing a quarter acre of A new facility with > three diesel fuel pumps; or containing a half acre of truck *** Any Page 62 acre of truck parking or 10 truck parking spaces. truck parking or 5 truck parking spaces. parking or 10 truck parking spaces. Any other development types 1000 parking spaces 500 parking spaces 1000 parking spaces 500 parking spaces New Churches n/a n/a n/a >500 seats Crabapple overlay district n/a n/a n/a Any commercial or > 10 lots or units of residential Areas of special traffic concern n/a n/a n/a As required by the city engineer Daycare n/a n/a n/a Any new or expansion by at least 25% capacity Sec. 48-610. - Objectives. The city finds that requiring a traffic impact study for proposed developments that meet certain thresholds will help to achieve the following objectives: (1) Forecast additional traffic associated with new development, based on accepted practices. (2) Determine the improvements that are necessary to accommodate the new development. (3) Allow the local government to assess the impacts that a proposed development may have and assist the local government in making decisions regarding development proposals. (4) Help to ensure safe and reasonable traffic conditions on streets after the development is complete. Page 63 (5) Reduce the negative impacts created by developments by helping to ensure that the transportation network can accommodate the development. (6) Protect the substantial public investment in the street system. (7) Provide information relevant to: a. Comprehensive planning; b. Transportation planning; c. Transit planning; and d. The provision of programs and facilities for: 1. Traffic safety; 2. Road improvements; 3. Transportation demand management; 4. Pedestrian access; and 5. Other transportation system considerations. Sec. 48-611. - Analyses. The source for trip generation rates for the purposes of this chapter shall be the Trip Generation and Handbook published by the Institute of Transportation Engineers (ITE), most recent edition. Determinations of whether this chapter applies shall be made based on application of data from ITE Trip Generation, which may change from time to time, or as otherwise approved by the city engineer. (1) Discussion of assumptions. a. Distributions. Default value is to assume site distribution will be the same split as existing conditions. Call out any exceptions to this. For developments expected to generate more than 30 truck trips per day, the study shall include separate trip distribution figures for trucks. b. Total combined trip reduction (pass-by and internal capture) shall be calculated for both a cap of ten percent maximum and also the recommended ITE value. c. Growth factors. Provide analysis of both zero percent growth rate and calculated growth rate. A cap of ten percent growth rate without prior Transportation Engineer approval for areas within the city. For areas of impact outside city or county limits, higher growth rates are acceptable. Page 64 d. Any caps that desire hardship must submit information calculated within the set requirements stated in subsections (1)a. through (1)c. of this section to prove hardship with the city engineer. (2) Technical analysis. a. A scoping meeting with the applicant's traffic engineer and Transportation Engineer is required prior to submittal of a traffic impact study. Failure by an applicant to not have a scoping meeting prior to conducting their traffic counts will not constit ute a hardship for an exception to be approved by the city engineer. b. A preliminary site access, site circulation, and parking plan will be prepared by the applicant early in the project. The plan is considered in the trip generation, trip distribution and assignment steps. c. Existing traffic volumes (measured within the previous six months and adjusted to reflect current conditions; tube counts shall be a minimum of 48 hours) and performance operation analysis for all study intersections including all arterial, collector and local roads within the study area, in the year that the proposed development is planned to commence, and in five years. If phased development is proposed, the traffic impact study shall include projections for the year that each phase of the development is planned to be complete. d. Level of service. All signalized and all-way stop controlled intersections shall operate at a LOS "D" or better. Other unsignalized intersections (including unsignalized private accesses) shall operate at LOS "E" or better for major left turns and side street approaches, although LOS "F" may be allowed if the movement has a relatively low volume (to -capacity ratio and there are no known safety problems at the intersection). e. Pass-by trips are external to the development but are already on the transportation system (not new trips on the roadway). These trips enter the site as an intermediate stop, or are incepted by the proposed development. The pass -by rate (or percentage of total site trip generation that are pass-by trips) is discussed in the scoping meeting. Trip reduction for pass-by trips shall be as follows: 1. Calculate pass-by trips as provided for in the ITE Trip Generation Handbook. 2. Perform a limits test, limiting the total pass-by trips associated with a site to ten percent of the adjacent roadway's project traffic capacity. f. Mode split analysis is currently required only along state routes. Typically three to five percent is considered a maximum realistic share of travel for modes other than automobiles. g. Acceptable analysis methods include the most recent Highway Capacity Manual or Synchro. Page 65 h. Signal timing used in capacity or progression analysis shall use the same cycle length as it is currently using at the intersection unless specifically noted otherwise and should not exceed 120 seconds. Signal timing shall provide ade quate and reasonable green time for pedestrian crossings. i. Peak hour factors less than 0.75 or greater than 0.90 shall not be used unless justified by specific counts at that location. j. The applicant shall forecast estimated traffic volumes and perfo rmance operation analysis with the development on all arterial, collector and local roads within the study area, in the year that the proposed development is planned to commence, and in five years. If phased development is proposed, the traffic impact study shall include projections for the year that each phase of the development is planned to be complete. Sec. 48-612. - Mitigation. (a) Description and analysis of mitigation measures necessary to bring the identified intersections and locations into compliance with applicable standards. Include analysis showing that these measures will bring these locations into compliance and include signal, turn lane, or other warrant analyses as appropriate. (b) Often mitigation measures will be involved in rezoning applications. However, should a project already be zoned commercial or other intense land use, and the traffic impact study deems mitigation measures are necessary, such mitigation measures deemed necessary by the Transportation Engineer and affirmed by the applicant's data shall be deemed necessary improvements at the cost of the proposed private development. (c) The proposed development for which a traffic impact study is submitted and mitigation measures are deemed necessary by the Transportation Engineer and affirmed by the applicant's data shall be deemed necessary improvements at the cost of the proposed private development. This would occur regardless of whether or not rezoning occurred in this transaction. (d) Should the proposed development for which a traffic impact study is submitted not be deemed necessary immediately (i.e., be warranted immediately) the installation of such signal, etc., shall not occur until such is warranted. (e) Developments of regional impact (DRI) mitigation installations listed in the final letter shall be required of the applicant at no cost to the city prior to the certification of occupancy for any of the related buildings. Page 66 Secs. 48-613—48-631. - Reserved. DIVISION 5. - CONSTRUCTION STANDARDS AND DETAILS Sec. 48-632. - Reference sources to be used. (a) The city utilizes GDOT Construction Standards and Details (online current edition), supplemented by the following Milton Fulton County (FC) Construction Details, AASHTO guidelines, and MUTCD guidelines: (1) Where differences between the subdivision ordinance (chapter 50 of this Code) and this chapter exist, the more stringent design standard shall be used. (2) Precast manholes are required in lieu of brick manholes. (3) The English system of measurement is used. (c) Fire Department access roads shall comply with Chapter 22 of the City of Milton Code of Ordinances. Where differences exist among the subdivision ordinance (chapter 50), this chapter, and the fire apparatus code, the Transportation Engineer and fire marshal shall be responsible for determinations of which is the controlling requirement. Sec. 48-633. - Index of city details. The following is a list of city details: 100 Series—General FC101 Underground utility cross sections FC102 Conduit location for underground utilities FC103 Allowable trench widths FC104 Reinforced plastic step FC105 Structure adjustment 106 Dead-end fire apparatus access road turnaround Page 67 FC107 Roadway crossing bore and case detail FC109 Pavement cut repairs Type A, B, and C FC110 Concrete encasement FC112 Safety platform for deep manholes 200 Series—Landscaping 201A, B Bioswale landscaping detail 210 Tree save sign 211 Tree planting and watering detail 300 Series—Transportation FC301- FC302 Typical sections: rural road, access easement, industrial, subdivision streets, side roads, gravel 302 Driveway cut repairs concrete, gravel and asphalt FC303 Cul-de-sac FC307 Curb and Gutter FC305 Divided entrance details FC306 Miscellaneous details 309 Deceleration details FC310 Left turn lane widening on both sides FC311 Left turn lane widening on one side FC313 Mini-roundabout FC314 Chicanes Page 68 FC315 Speed table FC316 Raised intersection FC317 One lane choker FC318 Entrance treatment FC319 Center island 350 Street 351 Gated entrance detail 400 Series—Erosion Reserved. 500 Series—Stormwater FC501 Catch basin: 1 ft. offset singlewing FC502 Catch basin: 1 ft. offset doublewing FC510 Drop inlet FC511 Drop inlet dimensions FC512 Drop inlet Weir Type FC516 Energy dissipator alternate FC519 Structural plate pipe arch culvert and structural plate pipe culvert FC520 Pipe culverts FC521 Pipe culvert tables FC522 Pipe culvert table (continued) FC523 Perforated underdrain Page 69 FC524 Pipe guage and glass FC525 Earthfill dam for detention ponds 526 Fence detail for detention ponds (equestrian board with mesh) 528 Other control structure with trashrack Secs. 48-634—48-652. - Reserved. ARTICLE VIII. - TRAIL DEVELOPMENT STANDARDS DIVISION 1. - GENERALLY Sec. 48-653. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory structure means a subordinate structure, customarily incidental to a primary structure or use located on the same lot. Building permit means a permit for a principal structure not including minor repairs or additions to the principal building or structure in existence. Such determination will be made by the director of the community development department. Development means any manmade change to improved or unimproved real estate. Development permit means a permit for the alteration or development of a given tract of land or the commencement of any land disturbing activity. (1) The term "development permit" includes land disturbance permits and minor subdivision plats. (2) The term "development permit" does not include right-of-way encroachment permits. (3) Such determination will be made by the director of the community development department. Director of Community Development means the City of Milton Director of the Department of Community Development, or his or her designee. Director of Public Works means the City of Milton Director of the Department of Public Works, or his or her designee. Page 70 Owner means a person, other than a lienholder or security interest holder, having the property in or title to a parcel of land. (1) The term "owner" includes a person entitled to the use and possession of a parcel of land subject to a security interest in or lien by another person or entity; (2) The term "owner" does not include a lessee under a lease not in tended as security except as otherwise specifically provided in this appendix. Principal structure means a structure in which the principal use or purpose on a property occurs, and to which all other structures on the property are subordinate. The term "principal" shall be synonymous with the terms "main" and "primary." Right-of-way means the entire width and length of a public road, street or highway, including the traveled portions, berms, shoulders and medians of a roadway not privately owned. The term "right-of-way" also includes publicly dedicated portions of the Milton Trail as contemplated herein. Roadway means that portion of a right-of-way improved, designed, or ordinarily used for vehicular travel, exclusive of berms, medians, and shoulders. Sidewalk, path, or trail means that portion of a right-of-way between the curblines and the adjacent private property lines, intended for use by pedestrians. Single-family residential building permit means a permit for building a single-family dwelling unit. The dwelling unit including accessory structures is on a separate lot of record. Sec. 48-654. - Background documents on sidewalks, paths, and trails; conflicts. The city has adopted regulations relating to sidewalk, path, and trail requirements in th e city. Where differences appear between this article and the documents listed below, this article shall take precedence. (1) Zoning ordinance: chapter 64. (2) Subdivision regulations: chapter 50. (3) Right-of-way ordinance: chapter 48, article VII, and chapter 56. (4) Resolution accepting recommendations of the Milton Trail Plan: adopted on July 12, 2007. Secs. 48-655—48-673. - Reserved. DIVISION 2. - . REQUIREMENTS Page 71 Sec. 48-674. - Milton Trail created. The "Milton Trail" (as described in the City of Milton Trail Plan adopted by the city council on July 12, 2007, hereinafter the "Milton Trail Plan") shall be provided for as follows: (1) All owners, developers, or occupiers of parcels of land where a development permit or building permit, as defined in section 48-653, is applied for shall dedicate the right-of-way and easements necessary to construct the Milton Trail according to the cross sections in section 48-698 and section 48-702(2). (2) In cases where a development permit or building permit, as defined in section 48-653, is sought on a tract of land proposed for development, the plans shall indicate all necessary right of way and easements for the proposed construction of the Milton Trail along all required streets per section 48-696 and Figure A.1. The location of the Milton Trail may use alternate routes to connect adjacent destinations in coordination with the Milton Trail Plan and this article. (3) In cases where one single-family residential building permit is sought outside of a subdivision, the construction of the Milton Trail is not required. The necessary right -of-way to construct the trail is required. (4) Where trees exist or other conditions exist, the city may require the Milton Trail to meander within the right-of-way. Should the trail be proposed to meander out of the proposed right -of-way, additional right-of-way is required. The trail may divide at times into two sections to save a tree. (5) In cases where the Milton Trail is required, per Figure A.1 and there is not development permit adjacent to the trail, the city's goal is to provide a trail consistent with: a. The Milton Trail Plan; b. Division 3 of this article; and c. Section 48-702. (6) Where the dedication of rights-of-way and/or easements is required under this section, the owners, developers, or occupiers shall receive impact fee credits as provided pursuant to Sec. 48-215. Sec. 48-675. - Reserved Page 72 Sec. 48-676. - Provisions for trail easements. If it is not possible to dedicate the necessary right-of-way for the Milton Trail, as determined by the director of public works, a trail easement on the form provided by the city will be required. The city prefers right-of-way dedication rather than easements. Secs. 48-677—48-695. - Reserved. DIVISION 3. - TRAIL DETAILS Sec. 48-696. - Side of the road location. The side of the road location where the Milton Trail shall be required shall be according Figure A.1. Sec. 48-697. - Material type. The required materials for the Milton Trail segments shall be according to Figure A.1. The materials for the Milton Trail include gravel, asphalt, and concrete. (1) Materials shall be organic natural colors as approved by the director of public works in consultation with the city design review board. (2) Concrete may be required to be stamped at intersections and transition segments (3) Asphalt may be required where slopes are too steep for gravel material. (4) Additional gravel reinforcement may be required. (5) Trail to provide a firm and stable surface. Sec. 48-698. - Cross section or edge of pavement type. Milton Trail cross sections are based upon edge of pavement type. The cross section required for each segment of the Milton Trail shall be according to Figure A.1 except where approved by the director of public works. The cross section details shall be according to the details in section 48-702 except where approved by the director of public works. The cross section types include: (1) Figure B.1 Rural EOP: gravel. (2) Figure B.2 Rural EOP: asphalt. Page 73 (3) Figure B.3 Modified Rural EOP: gravel. (4) Figure B.4 Modified Rural EOP: asphalt. (5) Figure B.5 Urban EOP: concrete. (6) Figure B.6 Urban Residential EOP: concrete. (7) Figure B.7 Urban Bike EOP: concrete. (8) Figure B.8 Gravel Roads: gravel. (9) Figure B.9 Off Road: gravel. (10) Figure B.10 Off Road: asphalt. Sec. 48-699. - Fence standards. (a) Four board equestrian style fences shall be required along the Milton Trail according to Figure A.1. The fence shall be located outside of the right-of-way or trail easement on private property. A fence may be required between the roadway and the trail for safety of the trail users. The fence within the right-of-way shall be outside of the minimum clear zone distance as determined by the public works director. (b) Decorative fence features at intersections may be required if approved by the public works director. Sec. 48-700. - Signage standards. Trail signs shall have a rustic appearance of earthy wood-like materials. Directional signs may be provided at major trail branch points. Trail signage may be used at th e ends of all gravel roads included in the trail network. Sec. 48-701. - Gravel roads. Milton's existing gravel roads provide an established network of bicycle, pedestrian, and equestrian trails. The gravel roads that are part of the Milton Trail according to Figure A.1 shall remain gravel surfaces and may include trail signs at each end. Sec. 48-702. - Amendments. Appendices A and B may be updated if deemed necessary as determined by the public works director. Page 74 (1) Appendix A. a. Milton Trail Edge of Pavement (EOP) Type and Material Type Map. b. Figure A.1—Milton Trail Edge of Pavement (EOP) Type and Material Type. Page 75 Page 76 (2) Appendix B. a. Milton Trail cross sections. b. Figure B.1 Rural EOP: asphalt. c. Figure B.2 Rural EOP: gravel. d. Figure B.3 Modified Rural EOP: asphalt. e. Figure B.4 Modified Rural EOP: gravel. f. Figure B.5 Urban EOP: concrete. g. Figure B.6 Urban Residential EOP: concrete. h. Figure B.7 Urban Bike EOP: concrete. i. Figure B.8 Gravel Road: gravel. j. Figure B.9 Off Road: gravel. k. Figure B.10 Off Road: asphalt. l. Figure B.1 Rural EOP: asphalt. m. Figure B.2 Rural EOP: gravel. Page 77 n. Figure B.3 Modified Rural EOP: asphalt. o. Figure B.4 Modified Rural EOP: gravel. p. Figure B.5 Urban EOP: concrete. Page 78 q. Figure B.6 Urban Residential EOP: concrete. r. Figure B.7 Urban Bike EOP: concrete. s. Figure B.8 Gravel Road: gravel. Page 79 t. Figure B.9 Off Road: gravel. u. Figure B.10 Off Road: asphalt. Page 80 Secs. 48-703—48-742. - Reserved. ARTICLE IX. - PUBLIC ASSEMBLIES DIVISION 1. - GENERALLY Sec. 48-743. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in section, except where the context clearly indicates a different meaning: Event means any march, meeting, demonstration, picket line, procession, motorcade, rally, or gathering for a common purpose, consisting of persons, animals, or vehicles or a combination thereof upon or in the streets, parks, or other public grounds within the city that interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic or that endangers or has the possibility of endangering the public's health, safety, or welfare. Organization or group of private persons means a group of three or more persons, or their representatives, acting as a unit. Private purpose means any purpose not commanded or directed by law, statute, ordinance, or regulation to be performed. Sec. 48-744. - Civil remedies. Any person issued a permit under this article shall be responsible and liable for any damages caused by the event to public or private property and for injury caused to persons by the event. Page 81 Secs. 48-745—48-763. - Reserved. DIVISION 2. - PERMITS Sec. 48-764. - Required. Every person wishing to use public property or public roads in the city for an event is required to obtain a permit from the city for the privilege of engaging in the event within the city, unless such permit is prohibited under state law or the event is otherwise protected from this requirement by federal or state law. Sec. 48-765. - Exceptions. This article shall specifically not apply to funeral processions, neighborhood parades, provided activities remain solely within the boundaries of such neighborhood, sporting events, school students going to or from classes or participating in properly supervised and sponsored activities, governmental entities acting within the scope of their functions, and other activities as provided for by law or regulation. Sec. 48-766. - Application. Every person required to procure a permit under the provisions of this article shall submit an application for the permit to the city manager, which application shall conform to the requirements of this article in addition to the following: (1) Reasonable time defined; emergency. Unless otherwise provided herein, each application shall be a written statement upon forms provided by the city and submitted to the city manager within a reasonable time prior to the planned event for security purposes, verifications, and arrangements. The term "reasonable time" means a time of at least 30 days but no more than 60 days prior to the planned event. The city manager shall act upon the application within ten days of the receipt of a completed application. Should no action be taken by the city manager or his or her designee within the ten-day period, the application shall be deemed to be granted. A person may make an emergency application to the mayor's office if an unforeseen circumstance arises requiring a response within less than ten days. The city manager shall have discretion to determine if an emergency exists and, subject to the ordinance, grant or deny such permit. (2) Contents. Each application shall set forth the following information: Page 82 a. Name, address, and telephone number of the person, if the applicant is an individual, or the name, address, and telephone number of an applicant corporation, partnership, organization, or group; b. Date, time, and location where the proposed event is to take place, including proposed routes of travel on public streets to be used for the event; c. Description of activity involved with the event; d. An approximate number of persons, animals, and vehicles which will be involved with the event; e. Names, home address, and telephone numbers of individuals involved with the applicant, if not an individual, who have oversight responsibility for the organization and conduct of the event on behalf of applicant; f. A description of any recording equipment, sound amplification equipment, signs, or other attention-getting devices proposed to be used during the event; g. A site plan showing the locations of all parking, assembly areas, barricades, toilets, trash receptacles, trailer storage facilities, signage, equipment staging areas, food service areas, gaming areas and other facilities planned for the event; h. Plans for disposal of trash and clean up of event area; first aid provisions; vehicle and trailer storage provisions; and toilet facilities available to event participants; and i. Any additional information which the city manager may find reasonably necessary to the fair administration of this chapter which may include a complete record of all arrests and convictions against the applicant and every partner, officer or director of the applicant for violations of any and all laws and ordinances of the city, county, state, or federal government, other than minor traffic violations. (3) Signed and sworn to. The application shall be signed and sworn to by the applicant, if an individual, or by a partner, if a partnership, or by an officer, if a corporation. (4) Records. All information furnished or secured under the authority of this article shall be kept and maintained by the city and shall be utilized only by the officials of the city responsible for administering these provisions. (5) Revocation; denial. Any false statement in an application for a permit may be grounds for revocation or denial of the permit application. Secs. 48-767—48-785. - Reserved. Page 83 DIVISION 3. - ADMINISTRATION Sec. 48-786. - City manager duties. The city manager shall have the following duties: (1) To prepare and provide the necessary forms for the application of a permit and for the submission of any required information needed to review an application, administer, and enforce this article. (2) To review an application submitted for completeness and to collect a permit licensing fee in an amount that shall be equal to the administrative costs of processing the application plus the costs for the use of city services or property, unless the activity is conducted for the sole purpose of public issue speech protected under the First Amendment for which no costs shall be assessed for city services and property. (3) To designate or coordinate sites and set time schedules; to coordinate with city authorities; and, where appropriate, to receive the approval of the state department of transportation or other necessary public officials. (4) To issue a permit within ten days of receipt of an acceptable and complete application. (5) To deny a permit within ten days of receipt of an application if the application is not complete or if any of the circumstances described in section 48-787 hereafter are found to be existing. Sec. 48-787. - Application review procedure. (a) Upon receipt of a complete application for a permit, the city manager shall have it reviewed by the city departments, the services of which may be impacted by the event. (b) Upon receiving reports from the city departments, the city manager shall consider the impact of the event as to whether it will unreasonably disrupt and obstruct the necessary flow of pedestrian or vehicular traffic or endanger the public's health, safety or welfare. (c) As part of the city manager's review, conditions may be made for alternate routes and locations of the event to ameliorate issues of traffic flow and public safety, which conditions shall be attach to the permit, if issued. (d) The city manager shall also review an applicant's plans for: (1) Trash clean up and disposal; (2) First aid; Page 84 (3) Vehicle and trailer storage; and (4) Toilet facilities available to participants. Should the city manager determine an applicant's plans presented for theses services to be inadequate, the application may be denied. (e) Upon completion of the review of the application, the city manager shall issue a permit for the event, including its proposed routes of travel, if the city manager finds the event can occur without unreasonably impacting upon the use of the public streets, public property, and res ources of the city and without endangering the public's health, safety, and welfare. (f) Any person whose application under this article is denied by the city manager may appeal such denial within three business days after the denial to the mayor and city council, which shall consider such appeal at the next regularly scheduled meeting following the filing of the appeal. (g) The mayor and council in considering the appeal shall determine if good cause exists for denial of the permit and after hearing and receiving all evidence, shall either uphold the decision of the city manager or reverse the decision and grant a permit. In reversing, the mayor and council may attach any requirements deemed necessary to the permit, as conditions to its issuance for prote ction of the public health and safety. Secs. 48-788—48-806. - Reserved. ARTICLE X. - URBAN CAMPING DIVISION 1. - GENERALLY Sec. 48-807. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribe d to them in this section, except where the context clearly indicates a different meaning: Camp means: (1) Residing in or using a public street, sidewalk, or park for private primary living accommodations, such as erecting tents or other temporary structures or objects providing shelter; (2) Sleeping in a single place for any substantial prolonged period of time; (3) Regularly cooking or preparing meals; or Page 85 (4) Other similar activities. Public park includes all: (1) Municipal parks; and (2) Public playgrounds, public plazas, attractions, and monuments. Public street includes all public: (1) Streets and highways; (2) Sidewalks; (3) Benches; (4) Parking lots; and (5) Medians. Storing personal property. (1) The term "storing personal property" means leaving one's personal effects such as, but not limited to, clothing, bedrolls, cookware, sleeping bags, luggage, knapsacks, or backpacks, unattended for any substantial prolonged length of time. (2) The term "storing personal property" does not include parking a bicycle or other mode of transportation. Sec. 48-808. - Notice required; failure to comply. No person may be arrested for violating this article until he or she has received an oral or written warning to cease the unlawful conduct. If the violator fails to comply with the warning issued, he or she is subject to arrest for urban camping. Sec. 48-809. - Exceptions. This article shall not be construed to prohibit the following behavior: (1) Persons sitting or lying down as a result of a medical emergency; (2) Persons in wheelchairs sitting on sidewalks; (3) Persons sitting down while attending parades; (4) Persons sitting down while patronizing sidewalk cafes; Page 86 (5) Persons lying down or napping while attending performances, festivals, concerts, fireworks, or other special events; (6) Persons sitting on chairs or benches supplied by a public agency or abutting private property owner; (7) Persons sitting on seats in bus zones occupied by people waiting fo r the bus; (8) Persons sitting or lying down while waiting in an orderly line outside a box office to purchase tickets to any sporting event, concert, performance, or other special event; (9) Persons sitting or lying down while waiting in an orderly line awaiting entry to any building, including shelters, or awaiting social services, such as provision of meals; or (10) Children sleeping while being carried by an accompanying person or while si tting or lying in a stroller or baby carriage. Secs. 48-810—48-828. - Reserved. DIVISION 2. - PROHIBITED ACTS Sec. 48-829. - Camping or storing personal property in public park. It shall be unlawful to camp or to store personal property in any park owned by the city. Sec. 48-830. - Camping, sleeping, storing personal property or sitting/lying on public street. It shall be unlawful to camp, to sleep, to store personal property, to sit or to lie down on any public street, as defined in section 48-807. Sec. 48-831. - Camping, sleeping, storing personal property or sitting/lying on any other public property when blocking ingress and egress from buildings. It shall be unlawful to perform the following acts on public property in such a manner as to interfere with the ingress or egress from buildings: (1) Camp; (2) Sleep; Page 87 (3) Store personal property; or (4) Sit or lie down. STATE OF GEORGIA ORDINANCE NUMBER ____________ COUNTY OF FULTON AN ORDINANCE OF THE CITY OF MILTON, GEORGIA TO AMEND CHAPTER 48 OF THE CODE OF THE CITY OF MILTON, GEORGIA - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations with respect to streets, sidewalks and other public places within the City of Milton for the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, Chapter 48 of the City of Milton Code of Ordinances regulates streets, sidewalks and other public places within the City of Milton; and WHEREAS, the Mayor and Council have therefore determined that it is in the best interest of the City’s residents to amend Chapter 48 to modify the regulations, policies and methods for acceptance, abandonment and privatization of roads, sidewalks, and right-of-way in the City of Milton. NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called Council meeting on the ____ day of ____________, 2016 at 6 p.m. as follows: SECTION 1. That Chapter 48 of the City of Milton Code of Ordinances shall be stricken it its entirety and replaced with the Ordinance attached hereto as if fully set forth herein. SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia.. SO ORDAINED this the _____ day of __________, 2016, the public’s health, safety, and welfare demanding it. Approved: ______________________________ Attest: Joe Lockwood, Mayor __________________________ Sudie Gordon, City Clerk (Seal) 7 HOME OP'THE BEST QUALITYOF LIFE IN GEORGIA' M I LTON 't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 7, 2016 FROM: Steven Krokoff, Interim City Manage AGENDA ITEM: Consideration of A Resolution Appointing Steven Krokoft As City Manager. MEETING DATE: Monday, July 11, 2016 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 NO CITY ATTORNEY REVIEW REQUIRED: (,'YES NO APPROVAL BY CITY ATTORNEY. (, IAAPPROVED NOT APPROVED PLACED ON AGENDA FOR: of lidui6 REMARKS: In * Youlln- _ PHONE: 678.242.25001 FAX: 678.242.2499 "•green + Info�cltyofmilfonga.uslwww.aNyotmlHonga.us M Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 E a 1 EMPLOYMENT AGREEMENT CITY MANAGER This Employment Agreement (the “Agreement”), made and entered into this ___ day ofJuly , 2016, by and between the City of Milton, Georgia, a municipal corporation, acting by and through its duly elected Mayor and City Council (hereinafter called ”Employer”), and Mr. Steven Krokoff (hereinafter called “Employee”), an individual who has the education, training and experience in local government management and who, as a member of ICMA, is subject to the ICMA Code of Ethics, both of whom agree as follows WITNESSETH: WHEREAS, Employer desires to employ the services of said Steven Krokoff as City Manager of the City of Milton, Georgia, effective on July ___, 2016 as provided by Section 3.23 of the City of Milton’s Charter; and WHEREAS, it is the desire of Employer, to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, Employee desires to accept employment as City Manager of said City of Milton, Georgia. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Term of Employment This Agreement shall remain in full force in effect from the date first written above until terminated by the Employer or Employee, as provided in Section 9, 10 or 11 of this Agreement. A. This contract shall become effective on July ____, 2016. Nothing in the Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the servic es of Employee at any time, subject only to the provisions set forth in Sections 9 and 10 of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 11 of this Agreement. Section 2: Duties and Authority Employer agrees to employ Steven Krokoff as City Manager to perform the functions and duties specified in Employer’s “City Manager” job description and to perform other legally permissible and proper duties and functions in accordance with the City of Milton Charter and its Code of Ordinances. 2 Section 3: Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $ 170,000, payable in equal installments at the same time that the other management employees of the Employer are paid. B. Annual Adjustments: This Agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the Employer's compensation policies. The Employer agrees that the Employee shall receive increases in base salary and benefits due Employee at the same time and percentage that other management employees receive same. Section 4: Health, Disability and Life Insurance Benefits The Employer agrees to provide and to pay the premiums for health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the Employee and his dependents equal to that which is provided to all other employees of the City of Milton under the City’s current benefit policies or as such benefit policies may be amended in the future. Additionally, the Employer will provide life insurance equal to that which is provided to all other employees of the City of Milton under the City’s current benefit policies or as such benefit policies may be amended in the future. The Employee agrees to make any necessary premium payments for benefits for dependents or otherwise, which are desired by Employee, but which are over and above what is provided free of charge for all other employees of the City of Milton. Section 5: Vacation and Sick Leave A. Vacation Leave: Upon commencing employment as City Manager, the Employee shall remain entitled to any vacation leave accrued during his tenure as Chief of Police and/or Interim City Manager. From the commencement of this Agreement going forward, the Employee will accrue vacation leave annually at the rate of his present accrual as provided for in the City’s Personnel Handbook. The Employee may carry forward any unused vacation leave consistent with the policies provided for all other employees of the City of Milton, which currently allows for a maximum of 240 hours to be carried forward annually, or as such employee policies may be amended in the future. B. Sick Leave: Sick leave will be provided per the City’s Personnel Handbook for employees hired on or after January 1, 2013. 3 C. Payment of Accrued Leave Upon Separation: In the event the Employee’s employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for accrued vacation leave in accordance with City policies, provided that, in the case of voluntary separation, the Employee provides the requisite thirty-day notice of resignation as provided in Section 18 of this Agreement. All accrued sick leave is forfeited upon separation. Section 6: Automobile The Employer shall provide the Employee a vehicle. The Employer shall be responsible for paying for liability, property damage, and comprehensive insurance, and for the purchase (or lease), operation, maintenance, repair, and regular replacement of a full-size automobile. The employee will be allowed to utilize the vehicle for personal use not to exceed 500 miles per month. Should the employee drive more than 500 personal miles, the employee will reimburse the City at the IRS required rate. Section 7: Retirement Social Security Replacement and Defined Contribution Plans: The Employer agrees to continue to allow the employee to be enrolled in the defined contribution pension plans adopted by City Council for employees hired after July 1, 2014. All plans and benefits available to other employees will also be available to the City Manager. Section 8: General Business Expenses and Certifications A. Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee’s continued professional participation, growth, and advancement, and for the good of the Employer. B. Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, 4 regional, state, and local governmental groups and committees in which Employee serves as a member. C. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee’s professional development and for the good of the Employer. D. Employer recognizes that certain expenses of a non-personal but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The finance director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. E. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. F. The Employer shall reasonably support the Employee in maintaining Employee’s police executive certification. The Employer acknowledges that the maintenance of this certification requires the Employee to annually attend 20 hours of executive level continuing education courses each year, as well as satisfy an annual firearms requalification course. It is acknowledged that these combined certification activities will require approximately 28 hours of annual training. It is further acknowledged by the Employer that satisfaction of the above certification may be accomplished by Employee’s attendance at the Georgia Police Chief’s summer conference, which is a three and a-half day training event during the summer months. Employer agrees to fund costs of the Employee to attend this certification training.. Moreover, the Employer shall allow the Employee the requisite time off for the above-referenced training. Section 9: Termination A. The majority of the governing body votes to terminate the Employee at a duly authorized public meeting. B. If the Employer, citizens or legislature acts to amend any provisions of the City of Milton Charter or City of Milton Code of Ordinances pertaining to the role, powers, duties, authority, responsibilities of the Employee’s position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. C. If the Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this agreement and will be regarded as a termination. D. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing 5 body that the Employee resign, then the Employee may declare a termination as of the date of the suggestion. E. Breach of contract declared by either party with a 30-day cure period for either Employee or Employer. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 18. Section 10: Severance A. Severance Payment The Employee shall be eligible for a severance payment, payable in a lump sum equivalent to six (6) months of salary at the Employee’s then current rate of pay, if the Employee’s employment is terminated as defined in Section 9 above. Payment will be made within two (2) weeks of date of termination. Additionally, the Employer ag rees to pay to the Employee any amount held in any retirement/deferred compensation plans that may be subject to withholding due to vesting requirements defined in 401 plan . Furthermore, the Employee shall be eligible for six months Employee and family's cost of COBRA continuation if the Employee’s employment is terminated as defined in Section 9 above. B. Termination for Cause The Employee shall not receive the severance payments specified herein if he is terminated for cause. Cause shall be defined to include, but shall not be limited to any of the following: (a) the refusal to follow the lawful directions of the City Council; (b) failure to substantially perform any of the required duties of the City Manager; (c) repeated unexcused absences from the City Manager’s office and duties; (d) material violations of City policy(ies); (e) conviction of a felony or misdemeanor crime involving acts of moral turpitude; (f) use or possession of illegal drugs; (g) breach of the Agreement. Section 11: Resignation In the event that the Employee voluntarily resigns his/her position with the Employer, the Employee shall provide a minimum of 30 days notice, unless the parties agree otherwise. Section 12: Performance Evaluation Employer shall annually review the performance of the Employee on or about his Anniversary Date subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee. The process at a minimum shall 6 include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. Section 13: Hours of Work Employee is an exempt employee who is expected to engage in those hours of work, which are necessary to fulfill the obligations of his position of employment. Employee does not have pre-established hours.. Section 14: Outside Activities The employment provided for by this Agreement shall be the Employee’s sole employment, except as specifically authorized herein. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not constitute a conflict of interest or in any way interfere with, or impede the performance of, his duties under this Agreement. Section 15: Nondisclosure and Confidentiality of Employer’s Property Upon the Employee’s separation from employment with Employer, whether voluntary or involuntary, Employee agrees that he will immediately return to Employer all property of Employer, including, but not limited to, credentials, access cards, keys, files, records, computer access codes, computer programs, instruction manuals, business plans, financial records, and any other property which Employee maintained, referred to, prepared, or helped to prepare in connection with Employee’s employment with Employer (collectively referred to as the “Employer’s Property”). Employee acknowledges that the Employer’s Property is extremely sensitive and confidential. Except as otherwise required by law, in no event will Employee remove or copy any of Employer’s Property, access any of Employer’s Property, or under any circumstances disclose any of Employer’s Property to any person at any time. Employee acknowledges that this section is a material and substantial component of this Agreement. Section 16: Cooperation During employment and upon the Employee’s separation from employment with Employer, whether voluntary or involuntary, Employee agrees to fully cooperate with Employer in any and all investigations, inquiries or litigation whether in any judicial, administrative, or public quasi-public or private forum, in which Employer is involved, whether or not Employee is the Defendant in such investigations, inquiries, proceedings or litigation. Employee shall provide such testimony, background information, and any other support and cooperation the Employer may reasonably request. Employee agrees that he will not voluntarily disclose any of the Employer’s proprietary information, which shall include but not be limited to, any personnel, payroll, risk management, claims, insurance, attorney-client privileged or other information received during the course and scope of his employment to any person or entity, except the City 7 Council or Mayor or their designee. Except as otherwise required by law, the Employee further agrees that he will not directly or indirectly cooperate or assist with the initiation or advancement of any claims, lawsuits, actions, or demands against the Employer. Section 17: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 18: Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional liability, claim or demand or other legal action, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager except for those instances where the act or omission of Employee rises to the level of gross negligence, reckless conduct or intentional acts. Employer will litigate, compromise and/or settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Section 19: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: City of Milton c/o The Mayor of Milton 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 EMPLOYEE: Mr. Steven Krokoff 610 Hampton Bluff Lane Milton, GA 30004 Alternatively, notice required pursuant to this Agreement may be personally served. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Any change of address for Employee or Employer shall be provided to the other party by written notice as provided herein. Section 20: General Provisions A. Integration: This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by 8 mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect: This Agreement shall be binding on the Employer and the Employee, as well as their heirs, assigns, executors, personal representatives and successors in interest. Additionally, this Agreement shall inure to the benefit of the heirs at law and executors of Employee. C. Effective Date: This Agreement shall become effective on the date first written above. D. Severability: The invalidity or partial invalidity of any portion of this Agreement will not effect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. IN WITNESS THEREOF, the City of Milton, Georgia, has caused this Agreement to be signed and executed in its behalf by its Mayor, and fully attested to by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first written above. [SIGNATURES ON FOLLOWING PAGE] 9 CITY OF MILTON-EMPLOYER By: The Honorable Joe Lockwood Its: Mayor STEVEN KROKOFF-EMPLOYEE ___________________________________ Steven Krokoff ATTEST: _________________________ City Clerk STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION APPOINTING STEVEN KROKOFF AS CITY MANAGER The Council of the City of Milton hereby resolves in regular session on the 11th day of July, 2016 at 6:00 p.m.: SECTION 1. That Steven Krokoff presently serving as the Interim City Manager for the City of Milton, is hereby declared the City Manager of the City of Milton, pursuant to the Employment Agreement attached hereto as Exhibit “A,” and incorporated by reference herein; SECTION 2. That this appointment is effective as of July 11, 2016, with employment to commence July 11, 2016; SECTION 3. Mayor Joe Lockwood is hereby authorized to execute the City Manager contract on behalf of the City of Milton. RESOLVED this 11th day of July, 2016. Approved: ______________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk HOME OF'THE BEST GUALITY OF LIFE IN GEOR IA M I LTON'lt ESTABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 5, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of the Approval of a Waiver of Conflict Regarding Jarrard & Davis, LLP's Relationship with Pond & Company in Relation to the Representation of the City of Milton in Connection with Pond & Company Entering into an Agreement for Services which are Generally Described as a Roundabout Design for the Intersection of Freemanville Road at Providence Road. MEETING DATE: Monday, July 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (--�'A PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4,(ES () NO CITY ATTORNEY REVIEW REQUIRED: (ly S () NO APPROVAL BY CITY ATTORNEY: ?APPROVED () NOT APPROVED PLACED ON AGENDA FOR: U'T 111) 2016 REMARKS: ©*Your PHONE: 678.242.25001 FAX: 678.242.2499 ® %rde" IMofaityolmlitonga.us I w x1tyolmlltonga.us w Community d' IMIR 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a 1 WAIVER OF CONFLICT WHEREAS, the City of Milton, Georgia (the “City”) is a municipal corporation of the State of Georgia; and WHEREAS, Pond & Company (“P&C”) is a business incorporated in the State of Georgia; and WHEREAS, the City is now, and has been, represented by the law firm of Jarrard & Davis, LLP; and WHEREAS, P&C is now, and has been, working alongside the law firm of Jarrard & Davis, LLP on certain matters unrelated to the City; and WHEREAS, the City and P&C desire to enter into an agreement (the “Agreement”) for services which are generally described as a roundabout design for the intersection of Freemanville Road at Providence Road; WHEREAS, the City recognizes that Jarrard & Davis, LLP’s representation of the City in connection with the Agreement and its collaboration with P&C on unrelated work could result in the appearance of a potential conflict of interest; and WHEREAS, the governing body of the City has considered and consulted with attorney Ken Jarrard regarding the issue, been informed of the potential for conflicts or competing interests between the City and P&C related to the Agreement and risks associated with same, considered the alternative of obtaining independent representation in this matter, and had the opportunity to consult with independent counsel; and WHEREAS, the law firm of Jarrard & Davis, LLP will continue to represent the City in connection with the Agreement; NOW THEREFORE, in light of the above, the governing body of the City of Milton, 2 Georgia does hereby waive any apparent or potential conflict of interest arising from or attributable to JARRARD & DAVIS, LLP’S representation of the City regarding the Agreement and its simultaneous collaboration with P&C on unrelated matters. This ______ day of _________________ 2016. CITY OF MILTON, GEORGIA BY:__________________________________________ Joe Lockwood, Mayor HOME OF' HE BEST QUALITY OF LIFE W GEORGIA' MILTON EABLMED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 5, 2016 FROM: Steven Krokoff, Interim City Manager 9) AGENDA ITEM: Consideration of a Utility and Fiber Easement Agreement by and between the City of Milton and Verizon Wireless LLC d/b/a Verizon Wireless respecting the Providence site. MEETING DATE: Monday, July 11, 2016 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: (P/LS (J NO CITY ATTORNEY REVIEW REQUIRED: `441ES / J NO APPROVAL BY CITY ATTORNEY: (44PPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0-1 I n J2n16 REMARKS: © * Youn PHONE: 678.242.25001 FAX: 678.242.2499 ®��reelli Inroyolmiltonga.us I w .oltyatmlHonga.us wr Community fcB,. 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - """"`° °"°" ` - e Grmtm Site Name: Providence UTELITY AND FIBER EASEMENT AGREEMENT THIS UTILITY AND FIBER EASEMENT AGREEMENT (the `Agreement') is made and entered into as of the day of , 2016, by and between the City of Milton, Georgia a municipal corporation of the State of Georgia, with its principal office located at 13000 Deerfield Parkway, Suite 107, Milton, Georgia, 30004 ("Grantor"), and Verizon Wireless (VAW) LLC, d/b/a Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey, 07920 (telephone number 866-862-4404) ("Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain real property located in Fulton County, Georgia, described in Deed Book 55079 at Page 290 as recorded in the Office of the Clerk of the Superior Court of Fulton County, Georgia, and also described on Exhibit "A" attached hereto and by this reference made a pan hereof (the `Property"); and WHEREAS, Grantor is authorized under O.C.G.A. § 36-30-2 and as set forth in the Charter for the City of Milton, Georgia, as adopted and set forth in 2006 Ga. Laws (Act No. 438), page 3554. Amendments to the original Charter as provided in 2007 Ga. Laws (Act No. 312), page 4276, and 2007 Ga. Laws (Act No. 313), page 4283, and any subsequent amendments, to dispose of any real property, in fee simple or lesser interest, inside or outside the property limits of the city; and WHEREAS, Grantee has leased a portion of the Property, as evidenced by Memorandum of Site Lease Acknowledgement between Sprint Spectrum L.P. and Grantee dated May 25, 2005, recorded in Deed Book 40281, Page 471, aforesaid records, and such leased property is more particularly described on Exhibit "B" attached hereto and by this reference made a part hereof (the "Leased Property"); and WHEREAS, Grantee desires to obtain and Grantor desires to convey a certain perpetual easement described and depicted on Exhibit "C". NOW, THEREFORE, in consideration of Ten and 00/100 Dollars ($10.00), the mutual promises and benefits hereinafter set forth, and other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Grantor hereby grants and conveys to Grantee, its agents, independent contractors, subtenants, licensees, tenants and invitees, for the benefit of and as an appurtenance to the Leased Property, a non-exclusive perpetual easement for the purpose of installing, operating, maintaining, repairing and reconstructing utility wires, fiber, poles, cables, conduits, and pipes, over, under, or along the areas shown or described on Exhibit "C" (the "Utility and Fiber Easement' or the "Easement Property"). Grantee shall be permitted to access and conduct maintenance or other activities contemplated by this Agreement in the Utility and Fiber Easement seven (7) days a week, twenty-four (24) hours a day, on foot or by motor vehicle, including trucks, limited to such portions of the Property necessary to traverse in order to access the Easement Property, provided that, when access to the Property is gained by unlocking and opening the entrance gate, Grantee shall immediately close and lock the gate upon entering and exiting the Property and further provided that any damage to the Property caused by motor vehicles, including trucks, accessing the Easement Property shall be restored by 1 Grantee 2, It is the intent of this Agreement to convey to Grantee certain a non-exclusive easement for the purposes as set forth herein over the entire Easement Property. However, to the extent the grant made hereby shall fail in any respect, or is held to be invalid, in whole or in part, including but not limited to the effectiveness of the grant made hereby, this Agreement shall continue in full force and effect to the full extent of Grantor's interest in and to any part of the Easement Property. 3. With the exception of that portion of the Easement Property which has heretofore been improved and/or paved, if any, Grantee shall pay for all costs incurred in connection with the creation of these easements. Subsequent to Grantee's initial improvements as provided for herein, the responsibility for all necessary maintenance and improvements to the Easement Property shall be allocated between Grantor and Grantee, or any third parties utilizing the Easement Property, based upon the following: After completion of any installation, repair, maintenance or replacement within the Easement Property, Grantee shall leave the Property in a clean and good condition, with all debris removed therefrom and with trenches and cuts properly filled so that all grades, paved areas and seeded grass areas which may have been disturbed by such work are restored to their former condition as nearly as practicable. Areas where dirt has been removed shall be re -seeded and covered with straw by Grantee. Grantee hereby agrees to, and shall be required to restore, at its expense, any physical damage to the Property, or any improvements thereon, to substantially the same condition as existed prior to Grantee's activities, normal wear and tear excluded. Any maintenance of the Easement Property that is otherwise necessary shall remain the responsibility of the Grantor. 4. Prior to Grantee breaking ground for any installation, repairs, maintenance, or replacement within the Easement Property, Grantee shall notify Grantor of Grantee's intent to break ground within the Easement Property. Grantee shall coordinate with Grantor as to the time to complete any such installation, repair, maintenance, or replacement. If the parties cannot reach an agreement on the time for such installation, repairs, maintenance, or replacement, the Grantor shall have the right to determine a reasonable time for such installation, repairs, maintenance, or replacement, in Grantor's sole discretion. Prior to the commencement of any installation, repair, maintenance, or replacement within the Easement Property, and for the duration of any installation, repair, maintenance, or replacement, Grantee shall enclose the Easement Property with caution tape or rope to barricade the operations, which shall be removed only upon the completion of work within the Easement Property and the restoration of the Easement Property to its original condition as required above. 5. This Agreement may be sold, assigned or transferred by Grantee with the prior written approval and consent of Grantor, which approval and consent shall not be unreasonably withheld, conditioned, or delayed, to Grantee's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Grantee's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. 6. All notices hereunder must 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 if sent by certified mail, postage prepaid, return receipt requested or (3) upon actual delivery when sent by national overnight commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): GRANTOR: City of Milton 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 GRANTEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attn: Network Real Estate 7. Grantor covenants that it is seized of that title to the Easement Property as was conveyed to Grantor from Fulton County pursuant to that certain Quitclaim Deed dated June 2, 2015, recorded in Deed Book 55079, Page 290, Fulton County, Georgia records. 8. It is agreed and understood that this Agreement contains all agreements, promises and understandings between Grantor and Grantee and that no verbal or oral agreements, promises or understandings shall be binding upon either Grantor or Grantee in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties. 9. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes, and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and Grantee submits to the jurisdiction and venue of such court. 10. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereof. It. Grantor does hereby bind itself and its transferees, successors or executors and administrators, to warrant and forever defend all and singular the said Easement Property unto Grantee and Grantee's successors and assigns against Grantor and its transferees, successors or executors and administrators and against every person whomsoever lawfully claiming or to claim the same, or any part thereof. 12. Any reference in this instrument to the plural shall include the singular, and vice versa. 13. The designation "Grantor" and "Grantee" as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. 14. Grantee 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 Grantee to the terms of this Agreement, if applicable. 15. Grantee shall indemnify, defend, and hold harmless the Grantor and Grantor's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (`Indemnified Party(ies)") 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 against any liabilities that may arise out of Grantee's use of the Property or Easement Property in connection with this Agreement. The obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall include violation of any deed restriction of the Grantor's Quitclaim Deed to the Property, but shall not include any claims, suits, actions, judgments, injuries, damages, losses, costs, expenses, and liabilities to the extent they arise out of the negligence or willful misconduct of the Indemnified Party(ies). 16. TO HAVE AND TO HOLD, all the interests, rights and privileges herein granted in and to the Easement Property before described unto Grantee, its suwessors and assigns, it being agreed that this Agreement shall run with and be appurtenant to the Leased Property of Grantee. [signatures begin on next page] M WITNESS WHEREOF, the parties have duly executed, sealed and delivered this Agreement as of the date first written above. Attest: Unofficial Witness ub t co ion exp s: 0,610 l' [Notary all r SUS PUBLIC GASTON COUNTY NORTH CAROLINA Lf COC:'="SION EXPIRES 8111716ifl GRANTOR: CITY OF MILTON, GEORGIA BY: NAME, OP_ OG1�1+1U� TITLE: i11 [CITY SEAL] GRANTEE: VERIZON WIRELESS (VAW) LLC d/b/a Verizon Wireless BY: NAME: Aparna Kh ekar TITLE: Vice President—Field Network Exhibit "A" Property All that tract or parcel of land lying and being located in Land Lot 963, District 2, Section 2, Fulton County, Georgia, within the City of Milton, and being more particularly described as follows: Beginning at a tie rod found at the southwest comer of Land Lot 963, said corner being the common comer of Land Lots 962, 963, 982, and 983; THENCE North 01 degrees 59 minutes 04 seconds East for a distance of 297.48 feet along the west line of Land Lot 963 to an iron pin found (3/4" CT); THENCE North 01 degrees 43 minutes 20 seconds East for a distance of 248.34 feet along the west line of Land Lot 963 to an iron pin found (1/2" R/B); THENCE North 01 degrees 43 minutes 59 seconds East for a distance of 232.27 feet along the west line of Land Lot 963 to an iron pin found (1/2" RB); THENCE North 01 degrees 43 minutes 04 seconds East for a distance of 580.70 feet along the west line of Land Lot 963 to an iron pin found (1" O/T) at the northwest corner of Land Lot 963, said corner being the common corner of Land Lots 910, 911, 962, and 963; THENCE South 89 degrees 12 minutes 52 seconds East for a distance of 1324.71 feet along the north line of Land Lot 963 to a point located in swamp at the northeast comer of Land Lot 963, said comer being the common comer of Land Lots 909, 910, 963, and 964; THENCE, South 00 degrees 22 minutes 59 seconds West for a distance of 359.67 feet along the east line of Land Lot 963 to an iron pin found (I" CIT); THENCE South 02 degrees 08 minutes 09 seconds West for a distance of 984.90 feet along the east line of Land Lot 963 to a tie rod found at the southeast corner of Land Lot 963, said corner being the common comer of Land Lots 963, 964, 981, and 982; THENCE. North 89 degrees 54 minutes 32 seconds West for a distance of 644.91 feet along the south line of Land Lot 963 to an iron pin found (1/2" RIB); THENCE North 89 degrees 42 minutes 36 seconds West for a distance of 68.90 feet along the south line of Land Lot 963 to an iron pin found (1" O/T); THENCE North 89 degrees 45 minutes 49 seconds West for a distance of 613.87 feet along the south line of Land Lot 963 to a tie rod found and the point of beginning. Together with and subject to covenants, easements, and restrictions of record. Said property contains 41.260 acres and is more fully shown on a Survey for City of Milton, Providence Park, by Brumbelow-Reese and Associates, Inc., dated April 2, 2015, bearing their job number 2015-076, and being identified as drawing PROVPRK. Exhibit `B" Leased Property All that tract or parcel of land lying and being in Land Lot 963 of the 2"tl District, 2"tl Section, Fulton County, Georgia, and being more particularly described as follows: To find the point of beginning, commence at a point located at the Land Lot comer common to Land Lots 962, 963, 983 and 982; thence running along the Land Lot line common to Land Lots 962 and 963, North 00°42'06" West, 58.88 feet to a point; thence leaving said Land Lot line common to Land Lots 962 and 963 and running North 54040' 13" East, 109.28 feet to a point; thence, 29.22 feet along a curve to the right, having a radius of 17.50 feet and being scribed by a chord bearing South 77030' 10" East, 25.94 feet to a point; thence, South 29°40'33" East, 54.51 feet to a point; thence, 50.95 feet along the we of a curve to the left having a radius of 57.50 feet and being scribed by a chord beating South 55002'54" East, 49.30 feet to a point; thence, South 88030'48" East, 109.54 feet to a point; thence, North 00033'24" West, 30.00 feet to a point and the true POINT OF BEGINNING; Thence running North 89026'36" East, 70.00 feet to a point; Thence, South 00°33'24" East, 60.00 feet to a point; Thence, South 890'26'36" West, 70.00 feet to a point; Thence, North 00033'24" West, 60.00 feet to a point and the true POINT OF BEGINNING. Said tract contains 0.0964 acres (4,200 square feet), more or less, as shown in a survey prepared for Sprint by Site Design Services, Inc. dated December 04, 2002 and last revised June 05, 2003. Exhibit "C" Description and Depiction of Utility and Fiber Easement Together with a proposed 10 -foot utility easement, lying and being in Land Lot 963 of the 2nd District of the 2"s Section of Fulton County, Georgia, and being more particularly described by the following centerline data: To find the point of beginning, commence at a 1 -inch tractor piece found at the comer common to Land Lots 962, 963, 982 and 983, said piece having a Georgia State Plane coordinate value of N: 1493857.26 E: 2255215.88; thence running North 01*59'05" East, 92.30 feet to a point and the true POINT OF BEGINNING; Thence leaving said right-of-way and running, North 61°01'13" East, 460.97 feet to the ENDING at a point. As shown in a survey prepared for Verizon Wireless by POINT TO POINT LAND SURVEYORS, INC. dated December 29, 2015 and last revised January 6, 2016. [See attached survey for depiction of Utility and Fiber Easement] 2779]881x4 e•;vetsAS$ssRRABeegxeaaax��accBvRAA Aos mk O age Pq 1F ® I O I A id R Ad 3 5 A x> va a,d dA 31111 101TH 1 -!`AC ap�9f$ � .@S $ p g 21111 :®5$®a EdS$°mp�� 5sa"A33gyQQgy 9 App j@"$ gg�$ ppipA �3®® "Hill A"4�� �{��9N$ �� C N�d Y� �d � ']�A4 � � Of' �•4 u 9 'did dd"� �iB 1 r• � 'd8� 9A $3� $� A#"g a � 'a$� ge94ba §egd'c- 15 111 1 111 q �j x 1? A fiiB 8 _& POINT TO POINT LAND SURVEYORS - �A sa 1010 Avenue y McDonough,ough, GNA 30253 a° (p)678.565.4Wwr ev678.565.4497 ° a 0 (w .m r (w)pointtopairrtsurvey.com m ' of POINT |. �D! ge 4 ._ .)� eYeet3g��'=egAgReAenraxA��essgeeAp ^ IM 18, IDII 0] g R Pa € Sy8 sm AO Aa€ .ro�.•rure an M qq • 3 m m ry8y 0 m k�%P���� �� ^ $ IIB $W • `ASe( $� CC >3 JORg P as W 3P R r. a &` 8E1 8 g E , •.; as het( : ��( frill 11 1111;11 11 RAI lmn pill gilt ied e R �tgp l��gid� R 4tlj g9e e ¢ G o� • ♦ POINT TO POINT g ° '� �• LAND SURVEYORS ue • 1010 Pennsylvania Aven P McDonough, GA 30253 �` ~ g ♦ •� (p) 678.565.4430 (p 678.565.449] (w) poiMtppoinmurvey.com Bq e Grantee Site Name: Providence Upon Recording, Return to: Cross Reference Alain Shamp, Paralegal Deed Book 55079, Page 290 Troutman Sanders LLP 600 Peachtree Street, NE Fulton County, Georgia records Suite 5200 Atlanta, Georgia 30308-2216 STATE OF GEORGIA ) COUNTY OF FULTON ) MEMORANDUM OF UTFLITY AND FIBER EASEMENT AGREEMENT THIS MEMORANDUM OF UTILITY AND FIBER EASEMENT AGREEMENT (the "Memorandum") is made this_ day of 2016, between the City of Milton, ffi Georgia, with its principal oce located at 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 (hereinafter "Grantor") and Verizon Wireless (VAW) LLC, d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, (hereinafter "Grantee"; the words "Grantor' and "Grantee" to include their respective heirs, successors and assigns where, the context requires or permits). BACKGROUND WHEREAS, Grantor is the owner of certain real property located in Milton, Fulton County, Georgia, described in Deed Book 55079, Page 290 as recorded in the Office of the Clerk of the Superior Court of Fulton County, Georgia, and also described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, Grantor is authorized under O.C.G.A. § 36-30-2 and as set forth in the Charter for the City of Milton, Georgia, as adopted and set forth in 2006 Ga. Laws (Act No. 438), page 3554. Amendments to the original Charter as provided in 2007 Ga. Laws (Act No. 312), page 4276, and 2007 27797885 Ga. Laws (Act No. 313), page 4283, and any subsequent amendments, to dispose of any real property, in fee simple or lesser interest, inside or outside the property limits of the city; and WHEREAS, Grantee has leased a portion of the Property, as evidenced by Memorandum of Site Lease Acknowledgement between Sprint Spectrum L.P. and Grantee dated May 25, 2005, recorded at Deed Book 40281, Page 471, aforesaid records and such leased property is more particularly described on Exhibit "B" attached hereto and by this reference made a part hereof (the "Leased Property"); and WHEREAS, Grantee desires to obtain and Grantor desires to convey a certain perpetual easement described and depicted on Exhibit "C". NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the undersigned hereby agree as follows: I. Grant of the Easement Grantor hereby grants and conveys to Grantee, its agents, independent contractors, subtenants, licensees, tenants and invitees, for the benefit of and as an appurtenance to the Leased Property, a non-exclusive perpetual easement for the purpose of installing, operating, maintaining, repairing and reconstructing utility wires, fiber, poles, cables, conduits, and pipes, over, under, or along the areas shown or described on Exhibit "C" (the "Utility and Fiber Easement' or the "Easement Property"). Grantee shall be permitted to access and conduct maintenance or other activities contemplated by this Agreement in the Utility and Fiber Easement seven (7) days a week, twenty-four (24) hours a day, on foot or by motor vehicle, including trucks, limited to such portions of the Property necessary to traverse in order to access the Easement Property, provided that, when access to the Property is gained by unlocking and opening the entrance gate, Grantee shall immediately close and lock the gate upon entering and exiting the Property and further provided that any damage to the Property caused by motor vehicles, including trucks, accessing the Easement Property shall be restored by Grantee. 2. Resoonsibility to Cooperate. All parties agree that such documentation as is reasonably necessary to carry out the terms and conditions of the Agreement shall be produced, executed and/or delivered by such parties at any time required to fulfill the terms and conditions of the Agreement; provided, however, that any cost and/or expense associated with such documentation shall be the sole responsibility of the Grantee. 3. Governing Law. The Agreement is intended as a contract for the purchase and sale of real property and shall be interpreted in accordance with the laws of the State of Georgia. 4. Successors and Assigns. The terms, covenants and provisions of the Agreement, the terms of which are hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Grantor and Grantee. 5. Entire Agreement. The Agreement constitutes the sole and entire agreement between the parties hereto and no modification of the Agreement shall be binding unless signed by all parties to the Agreement. [signatures begin on next page] 27797885 Signed, sealed and delivered in the presence of: GRANTOR: CITY OF MILTON, GEORGIA BY; rtness NAME: TITLE: Notary Fubhc�. My Commis�i� • pi s: _ y� '°`UG of ¢ S B (NOTAfil v``,`` l I v40 Signed, sealed and delivered in the presence of GRANTEE: l�� VERIZON WIRELESS (VAW) LLC J d/b/a Verizon Wireless Witness BY: NAME: Aparna Khurjekar TITLE: Vice Resident - Field Network lie My Com pires: BCTARY PUBLIC Ntt, (NOTARIAL SE L1�� 11 Cf Cor. -MIX 1-1 EXPIRRE 8'i97b 27797885 Exhibit "A" Property All that tract or parcel of land lying and being located in Land Lot 963, District 2, Section 2, Fulton County, Georgia, within the City of Milton, and being more particularly described as follows; Beginning at a tie rod found at the southwest corner of Land Lot 963, said corner being the common corner of Land Lots 962, 963, 982, and 983; THENCE North 01 degrees 59 minutes 04 seconds East for a distance of 297.48 feet along the west line of Land Lot 963 to an iron pin found (3/4" CT); THENCE North 01 degrees 43 minutes 20 seconds East for a distance of 248.34 feet along the west line of Land Lot 963 to an iron pin found (1/2" R/B); THENCE North 01 degrees 43 minutes 59 seconds East for a distance of 232.27 feet along the west line of Land Lot 963 to an iron pin found (1/2" RB); THENCE North 01 degrees 43 minutes 04 seconds East for a distance of 580.70 feet along the west line of Land Lot 963 to an iron pin found (1" O/T) at the northwest corner of Land Lot 963, said comer being the common corner of Land Lots 910, 911, 962, and 963; THENCE South 89 degrees 12 minutes 52 seconds East for a distance of 1324.71 feet along the north line of Land Lot 963 to a point located in swamp at the northeast comer of Land Lot 963, said corner being the common corner of Land Lots 909, 910, 963, and 964; THENCE. South 00 degrees 22 minutes 59 seconds West for a distance of 359.67 feet along the east line of Land Lot 963 to an iron pin found (1" C/T); THENCE South 02 degrees 08 minutes 09 seconds West for a distance of 984.90 feet along the east line of Land Lot 963 to a tie rod found at the southeast corner of Land Lot 963, said corner being the common corner of Land Lots 963, 964, 981, and 982; THENCE. North 89 degrees 54 minutes 32 seconds West for a distance of 644.91 feet along the south line of Land Lot 963 to an iron pin found (1/2" R/B); THENCE North 89 degrees 42 minutes 36 seconds West for a distance of 68.90 feet along the south line of Land Lot 963 to an iron pin found (1" O/T); THENCE North 89 degrees 45 minutes 49 seconds West for a distance of 613.87 feet along the south line of Land Lot 963 to a tie rod found and the point of beginning. Together with and subject to covenants, easements, and restrictions of record. Said property contains 41.260 acres and is more fully shown on a Survey for City of Milton, Providence Park, by Brumbelow-Reese and Associates, Inc., dated April 2, 2015, bearing their job number 2015-076, and being identified as drawing PROVPRK. 27797885 Exhibit `B" Leased Property All that tract or parcel of land lying and being in Land Lot 963 of the 2"a District, 2"a Section, Fulton County, Georgia, and being more particularly described as follows: To find the point of beginning, commence at a point located at the Land Lot corner common to Land Lots 962, 963, 983 and 982; thence running along the Land Lot line common to Land Lots 962 and 963, North 00042'06" West, 58.88 feet to a point; thence leaving said Land Lot line common to Land Lots 962 and 963 and running North 54-40'13" East, 109.28 feet to a paint; thence, 29.22 feet along a curve to the right, having a radius of 17.50 feet and being scribed by a chord bearing South 77030'10" East, 25.94 feet to a point; thence, South 29°40'33" East, 54.51 feet to a point; thence, 50.95 feet along the arc of a curve to the left having a radius of 57.50 feet and being scribed by a chord beating South 55°02'54" East, 49.30 feet to a point; thence, South 88°30'48" East, 109.54 feet to a point; thence, North 00°33'24" West, 30.00 feet to a point and the true POINT OF BEGINNING; Thence running North 89"26'36" East, 70.00 feet to a point; Thence, South 00033'24" East, 60.00 feet to a point; Thence, South 89°'26'36" West, 70.00 feet to a point; Thence, North 00033'24" West, 60.00 feet to a point and the true POINT OF BEGINNING. Said tract contains 0.0964 acres (4,200 square feet), more or less, as shown in a survey prepared for Sprint by Site Design Services, Inc. dated December 04, 2002 and last revised June 05, 2003. 27797885 Exhibit "C" Description and Depiction of Utility and Fiber Easement Together with a proposed 10 -foot utility easement, lying and being in Land Lot 963 of the 2°d District of the 2nd Section of Fulton County, Georgia, and being more particularly described by the following centerline data: To find the point of beginning, commence at a Much tractor piece found at the comer common to Land Lots 962, 963, 982 and 983, said piece having a Georgia State Plane coordinate value of N: 1493857.26 E: 2255215.88; thence running North 01-59'05" East, 92.30 feet to a point and the true POINT OF BEGINNING; Thence leaving said right-of-way and running, North 61101'13" East, 460.97 feet to the ENDING at a point. As shown in a survey prepared for Verizon Wireless by POINT TO POINT LAND SURVEYORS, INC. dated December 29, 2015 and last revised January 6, 2016. [See attached survey for depiction of Utility and Fiber Easement] 2n97sas pBee11e11+apgpgaexxxxaap�€ac°gaagp a g 8 z i5 Ra n 0 ,9 C )O IR 0 lit 11111, AM .ROOM g� L � 411 g .Ig Hal HO 11�� 1! Y11,1 01RI °Opp &�x Q��&Mc,.no. OINT TO POINT aNAND SURVEYORS +- 010 PennsNvania AvenueDgh, GA 30253 9 a T ibF 6F \ W \ T ii�� my y - ,,, O .o in P zz 1 1a � pgg R O m� D ® C Yy0 o 0 ,9 C )O IR 0 lit 11111, AM .ROOM g� L � 411 g .Ig Hal HO 11�� 1! Y11,1 01RI °Opp &�x Q��&Mc,.no. OINT TO POINT aNAND SURVEYORS +- 010 PennsNvania AvenueDgh, GA 30253 9 a T 1^j@y8y{151ffQp�$gy�ysag38PFesnaam3xuxaaceaaaai_ AAaa05999£RK�� €3 iJ sig POINT TO POINT r, LAND SURVEYORS 1010 Pennsylvania Avenue f McDonough, GA 30253 •x (p) 678.565.4440 ( 678.565.4497 (w)po,nttopo":.Iry yl<om 3 I W gyp. s^{8 3${ vgmas� 151 g �Irillg @ gg 1114 1 iggg5&4�&�Ft€ xq� �886966E`�"� 11,11 4111 2 s zoo fly POINT TO POINT LAND SURVEYORS 1010 Penns nia Avenue MCDOmugh, GA 30253 HOME OF'THE BEST QUALITY OF LffE M GEORGIA' MILTONV. ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 7 2016 FROM: Steven Krokoff, Interim City Mona er AGENDA ITEM: Consideration of an Intergovernmental Agreement for Use and Distribution of Proceeds Generated by the 2016 Transportation Special Purpose Local Option Sales Tax Referendum. MEETING DATE: Monday, July 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (..'APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (, YES (f NO (.}'YES CITY ATTORNEY REVIEW REQUIRED:'' (I NO // APPROVAL BY CITY ATTORNEY. (.rAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0-11t'12wb REMARKS: Youn PHONE: 678.242.25001 FAX: 678.242.2499 �iT" ; Info@clfyofmiflonga.us l www.cflyofmlNonga.us wi E CommM unity 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 — - °E""F'E° To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on July 7, 2016 for the July 11, 2016 Regular Council Meeting Agenda Item: Consideration of an Intergovernmental Agreement between the City of Milton and Fulton County Regarding the Imposition of a Transportation Special Purpose Local Option Sales Tax ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The attached Intergovernmental Agreement between the City of Milton and Fulton County provides the framework for the collection and distribution of the potential Transportation Special Purpose Local Option Sales Tax to be considered by voter referendum on November 8, 2016. Should the tax be approved by the voters the distribution would be based on population with the city receiving 6.49% of the total proceeds. Staff is recommending approval of the Intergovernmental Agreement. Funding and Fiscal Impact: The city would receive 6.49% of the revenue for a five year period. Under the current revenue projects the city would receive $36,967,635 over that five year period. Alternatives: None Legal Review: Jarrard & Davis, LLP – Jeff Strickland, 6/23/2016 Concurrent Review: Steve Krokoff – Interim City Manager Attachment(s): Intergovernmental Agreement C PR i- ir, . 11 STATE OF GEORGIA COUNTY OF FULTON INTERGOVERNMENTAL AGREEMENT FOR USE AND DISTRIBUTION OF PROCEEDS GENERATED BY THE 2016 TRANSPORTATION SPECIAL PURPOSE LOCAL OPTION SALES TAX REFERENDUM THIS INTERGOVERNMENTAL AGREEMENT ("IGA" or "Agreement") is made and entered into this day of July, 2016 by and between FULTON COUNTY, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "Fulton County" or "County"); the CITY of ALPHARETTA; the CITY OF CHATTAHOOCHEE HILLS; the CITY OF COLLEGE PARK, the CITY OF EAST POINT; the CITY OF FAIRBURN; the CITY OF HAPEVILLE; the CITY OF JOHNS CREEK; the CITY OF MILTON; the CITY OF MOUNTAIN PARK; the CITY OF PALMETTO; the CITY OF ROSWELL; the CITY OF SANDY SPRINGS; and the CITY OF UNION CITY (hereinafter collectively referred to as the "Cities"). WITNESSETH WHEREAS, the parties to this Agreement consist of Fulton County and all qualifying municipalities (hereinafter referred to as Cities) located outside the city limits of the City of Atlanta, and located wholly or partially within Fulton County, Georgia,- and WHEREAS, the parties anticipate that Fulton County will approve and sign a Resolution authorizing the Fulton County Board of Registrations and Elections to call a Referendum on the issue of the imposition of a 0.75 percent Metropolitan County Transportation Special Purpose Local Option Sales Tax ("TSPLOST" or "Tax") to begin on April 1, 2017 and to conclude on March 31, 2022; and WHEREAS, the law authorizing a Referendum on the issue of the imposition of the TSPLOST was amended during the 2016 Legislative Session of the Georgia General Assembly; and WHEREAS, the parties desire to execute an Intergovernmental Agreement to control the distribution and use of T S P L O S T proceeds received solely by Fulton County and one or more Cities located within Fulton County containing a combined total of not less than sixty percent of the aggregate population located within the County outside the City of Atlanta; and WHEREAS, for the purpose of the distribution of proceeds for the April 1 , 2017 through March 31, 2022 TSPLOST, the Special District shall be known as the boundaries of Fulton County outside the city limits of the City of Atlanta; and WHEREAS, the thirteen Cities located wholly or partially within Fulton County and outside the city limits of the City of Atlanta have certified they are qualified Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 1 VER 07.06.16 municipalities and are eligible to receive distributions of the 0.75 percent TSPLOST Proceeds; and WHEREAS, the parties hereto are interested in serving the needs of the residents of Fulton County by planning and performing transportation projects within the County and Cities which are parties to this Agreement; and WHEREAS, the parties intend that the transportation projects which are the subject of this Agreement shall benefit residents of Fulton County and its Cities; and WHEREAS, the County and the Cities located within Fulton County are committed to continue to work together to improve the County's transportation infrastructure; and WHEREAS, the County and all its Cities have identified transportation needs that are important to the current and future well-being of their residents and have determined that proceeds from the TSPLOST should be used to address a portion of these needs. NOW, THEREFORE, in consideration of the mutual promises and understandings herein made and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do consent and agree as follows: This Intergovernmental Agreement is conditioned upon a Referendum to be approved by a majority of the voters of Fulton County to impose a TSPLOST of 0.75 percent which shall commence on April 1, 2017 and continue to, through and including March 31, 2022. 2. Pursuant to O.C.G.A. § 48-8-269.94, one percent (1.0%) of the amount of TSPLOST proceeds collected beginning April 1, 2017 shall be paid into the General Fund of the State of Georgia ("State") treasury in order to defray the costs of administration of the Georgia Department of Revenue. One-half of one percent (0.5%) of the tax proceeds (County oversight) shall be allocated to the County by the State to provide for any costs associated with the administration of the TSPLOST Program. Such cost shall include the support, maintenance and operation of the Fulton Transportation Investment Citizen's Oversight Council, the annual audit and the overall program administration, at a minimum. Any County oversight funds that remain from these proceeds after the final audit at the end of the tax shall be redistributed based on the percentages provided under this section. The remaining ninety-eight and one-half percent (98.5%) of the amount collected from the TSPLOST Tax proceeds (hereinafter known as the "net proceeds") beginning April 1, 2017 and ending March 31, 2022, shall be distributed by the State of Georgia to the County and all qualified Cities outside of the city limits of the City of Atlanta, and shall be allocated to each jurisdiction based on Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 2 VER 0706.IG the percentages shown in the table below in Paragraph 3. 3. DISTRIBUTION PERCENTAGES City of Alpharetta 11.02% City of Chattahoochee Hills 0.47% City of College Park 2.29% City of East Point 6.13% City of Fairburn 2.42% City of Hapeville 1.15% City of Johns Creek 14.41% City of Milton 6.49% City of Mountain Park 0.10% City of Palmetto 0.76% City of Roswell 16.34% City of Sandy Springs 18.22% City of Union City 3.60% Fulton County 16.60% Total 100.00% (A) To facilitate the distribution of net proceeds, the parties agree that the sum of Six Hundred Fifty-five Million and 00/100 Dollars ($655,000,000.00) shall represent an estimate of the maximum net proceeds to be derived from the subject TSPLOST during its five year term. (B) The parties agree that the aggregate total distribution received by the Cities shall amount to eighty-three and forty one -hundredths percent (83.40%) of the net proceeds distributed by the State, with the remaining sixteen and sixty one hundredths percent (16.60%) of the net proceeds distributed by the State to be received by the County. Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 3 � ER') -.i.',!. I% (C) The percentage of total net proceeds calculated for each City based on the above distribution shall be adjusted proportionally, if necessary, to ensure that the Cities on an aggregate basis receive the full eighty-three and forty one -hundredths percent (83.40%) of net proceeds distributed by the State, as agreed to by the parties. (D) The parties agree that no project will be given preference in the funding and distribution process in such a way that the monthly distribution formula is affected. (F) Should any jurisdiction choose not to be a party to this agreement, said jurisdiction's allocation of the net proceeds shall be 0%. If a City chooses not to be party to this agreement, the DISTRIBUTION PERCENTAGES provided under Paragraph #3 shall be adjusted to reflect new percentages based on that city's population being removed from the calculation. F In recognition of the need for transportation improvements across the County and its Cities, the parties agree that the total net proceeds shall be utilized for transportation purposes, as defined in O.C.G.A. § 48-8-260(5) and § 48-8-121. 5. The projects and purposes ("Transportation Projects and Purposes") to be funded from the net proceeds of the TSPLOST pursuant to this Agreement, the estimated dollar amounts allocated for each transportation purpose, and the schedule for distribution of funds are contained in Exhibit "A" which is attached hereto, incorporated herein by this reference, and made a part of this Agreement. The parties acknowledge and agree that 30% of the estimate revenues are being expended on projects that are consistent with the Statewide Strategic Transportation Plan as defined in O.C.G.A. § 32-2-22. The priority and order in which the TSPLOST proceeds will be fully or partially funded is shown in Exhibit A. Q Except as otherwise provided herein, the TSPLOST which is the subject of the November 8, 2016 Referendum shall continue for a period of five years from April 1, 2017 until March 31, 2022, unless otherwise terminated earlier pursuant to O.C.G.A. § 48-8-269.91(b). 7. All Transportation Projects included in this Agreement shall be funded in whole or in part from net proceeds from the TSPLOST authorized by law except as otherwise agreed in writing by the parties. Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 4 VER 11'.06.16 The net proceeds from the TSPLOST shall be maintained in the parties' separate accounts and utilized exclusively for the purposes specified in this Agreement. The parties acknowledge that TSPLOST proceeds are not guaranteed. Proceeds received under the amount estimated in the Referendum question shall be allocated in accordance with the percentages set forth in this Agreement and shall be used on the Transportation Projects and Purposes as outlined in Exhibit A to this Agreement. Irl Any net proceeds over and above the amount estimated in Section 3(A) of this agreement during the quarter during which this amount is reached shall be allocated in accordance with the percentages set forth in this Agreement and shall be used solely for the transportation purposes listed herein. Each party shall expend its portion of the excess net proceeds from the 2017 TSPLOST Program on the Transportation Projects and Purposes as outlined in Exhibit A to this Agreement. 10. At the end of each party's fiscal year wherein net proceeds from the TSPLOST are distributed, each party shall cause an audit of the distribution and use of its portion of the net proceeds from the TSPLOST to be completed. Each party to this Agreement shall pay the cost of each such annual audit that it conducts. Each party shall publish each of its annual audits as required by law. In addition to the audit required by paragraph 10 of this Agreement, at the end of each calendar year wherein net proceeds from the Transportation Special Purpose Local Option Sales Tax are distributed, the Cities and the County shall participate in a joint annual audit of the entire TSPLOST program approved by the voters during the November 8, 2016 Referendum. The purpose of this joint annual audit is to ensure compliance with the Resolution that resulted in the call of the Transportation Special Purpose Local Option Sales Tax Referendum. Fulton County shall choose the auditor to conduct the annual audit. The cost of such joint annual audit shall be paid from proceeds collected by the County as described under paragraph 2 of this document. Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 5 V F.R O- 1 iG 'r, 12. Pursuant to O.C.G.A. § 48-8-269.993, not later than December 31 of each year, the County on behalf of itself and the qualified municipalities receiving proceeds from the tax, shall publish annually, in a newspaper of general circulation in the boundaries of each City and the County and in a prominent location on each City's and the County's website, a simple nontechnical report, or consolidated schedule of projects, which shows the following for each Transportation Project or purpose outlined in this Agreement: A. Original estimated cost, - B. Current estimated cost if it is not the original estimated cost; C. Amounts expended in prior years; D. Amounts expended in the current year; E. Any excess proceeds which have not been expended for a project or purpose, - F. Estimated completion date, and the actual completion cost of a project completed during the current year; and G. A statement of what corrective action the City or County intends to implement with respect to each project which is underfunded or behind schedule. In addition to the above, the County shall include in such publication an accounting of expenditures of the County oversight funds. The use of these funds by the County will made with input from the cities. 13. Fulton County and the Cities will create a Fulton Transportation Investment Citizen's Oversight Council ("Oversight Council") within ninety (90) days of the November 8, 2016 referendum. The Oversight Council will oversee the progress and implementation of the program and shall furnish annual reports to the Board of Commissioners and each Mayor and City Council of the Cities within the County outside the City of Atlanta. The report shall also be published periodically. The Oversight Council shall consist of 14 total members with one appointee for each City and one member appointed by the Fulton County Board of Commissioners. The Annual Report shall include a complete list of projects and the progress of the projects. The Oversight Council shall meet at least twice per year. Any administrative costs associated with the Oversight Council shall be paid from the one-half of one percent as described in paragraph #2 above. Fulton County shall provide staff support to the Oversight Council. Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 6 14. This Agreement constitutes all of the understanding and agreements of whatsoever nature or kind existing between the Parties with respect to distribution and use of the proceeds from the TSPLOST. 15. This Agreement shall not be changed or modified except by agreement in writing executed by all Parties hereto. 16. This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Georgia. 17. It is agreed that the illegality or invalidity of any term or clause of this Agreement shall not affect the validity of the remainder of the Agreement, and the Agreement shall remain in full force and effect as if such illegal or invalid term or clause were not contained herein. im Each party to this Agreement shall comply with all applicable local, State, and Federal statutes, ordinances, rules and regulations. 19. No consent or waiver, express or implied, by any party to this Agreement to any breach of any covenant, condition or duty of another party shall be construed as a consent to or waiver of any future breach of the same. 20. All notices, consents, waivers, directions, requests or other instruments or communications provided for under this Agreement shall be deemed properly given if, and only if, delivered personally or sent by registered or certified United States mail, postage prepaid, as follows: Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 7 V FIi 'I "".G 16 a. If to the City of Alpharetta: Mayor David Belle Isle City of Alpharetta 2 Park Place Alpharetta, GA 30009 b. If to the City of Chattahoochee Hills: Mayor Tom Reed City of Chattahoochee Hills 6505 Rico Rd Chattahoochee Hills, GA 30268 c. If to the City of College Park: Mayor Jack P. Longino City of College Park 3667 Main St. College Park, GA 30337 d. If to the City of East Point: Mayor Jannquell Peters City of East Point 2777 East Point St. East Point, GA 30344 e. If to the City of Fairburn: Mayor Mario Avery City of Fairburn 56 Malone St. Fairburn, GA 30213 f. If to the City of Hapeville: Mayor Alan Hallman City of Hapeville 3468 N. Fulton Ave. Hapeville, GA 30354 g. If to the City of Johns Creek: Mayor Mike Bodker City of Johns Creek 12000 Findley Road, Suite 400 Johns Creek, GA 30097 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 8 h. If to the City of Milton: Mayor Joe Lockwood City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 If to the City of Mountain Park: Mayor Jim Still City of Mountain Park 118 Lakeshore Dr. Roswell, GA 30075 If to the City of Palmetto: Mayor J. Clark Boddie City of Palmetto P.0 Box 190 509 Toombs St. Palmetto, GA 30268 k. If to the City of Roswell: Mayor Jere Wood City of Roswell 38 Hill Street, Suite 115 Roswell, GA 30075 If to the City of Sandy Springs: Mayor Rusty Paul City of Sandy Springs 7840 Roswell Rd. Sandy Springs. GA 30350 m. If to the City of Union City: Mayor Vince Williams City of Union City 5047 Union St. Union City, GA 30329 In. If to Fulton County: Chairman, John H. Eaves Fulton County 141 Pryor St., 10th Floor Atlanta, GA 30303 Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 9 %'ER �i-',16 1!' Any party may at any time change the address where notices are to be sent or the person to whom such notices should be directed by the delivery or mailing to the above persons a notice stating the change. 21. This Agreement shall become effective on , 2016. If the November 8, 2016 Referendum concerning the imposition of the TSPLOST is not approved by a majority of the voters of Fulton County, this Agreement shall expire and shall be of no force and effect after November 8, 2016. 22. Notwithstanding the parameters of paragraph 21, this Agreement shall continue in full force and effect until July 1st of the year following completion of the last project funded from the net proceeds from the 2017 TSPLOST Program. 23. This Agreement shall be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto acting through their duly authorized agents have caused this Agreement to be signed, sealed and delivered for final execution by Fulton County on the date indicated herein. APPROVED AS TO FORM FULTON COUNTY, GEORGIA: County Attorney ATTEST: Clerk in John H. Eaves, Chairman Board of Commissioners (ADDITIONAL SIGNATURE PAGES FOLLOW) (Executed in Counterparts for each City) Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 10 VER 0'.06.16 APPROVED AS TO FORM CITY OF ALPHARETTA, GEORGIA: City Attorney ATTEST: City Clerk By.- Mayor y: Mayor David Belle Isle Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 11 VI -:F2 -:.:6 IG APPROVED AS TO FORM CITY OF CHATTAHOOCHEE HILLS, GEORGIA: City Attorney ATTEST: City Clerk By: Mayor Tom Reed Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 12 APPROVED AS TO FORM CITY OF COLLEGE PARK, GEORGIA: City Attorney ATTEST: City Clerk By: Mayor Jack P. Longino Intergovernmental Agreement for Use and Distribution ofTSPLOST Proceeds/Fulton & Cities Page 13 APPROVED AS TO FORM CITY OF EAST POINT, GEORGIA: City Attorney ATTEST: City Clerk By.- Mayor y: Mayor Jannquell Peters Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 14 APPROVED AS TO FORM CITY OF FAIRBURN, GEORGIA: City Attorney ATTEST: City Clerk By: Mayor Mario Avery Intergovernmental Agreement for Use and Distribution of TSP LOST Proceeds/Fulton & Cities Page 15 VERo'U6.16 APPROVED AS TO FORM City Attorney ATTEST: City Clerk CITY OF HAPEVILLE, GEORGIA: By: Mayor Alan Hallman Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 16 VER ()706. 16 APPROVED AS TO FORM CITY OF JOHNS CREEK, GEORGIA: City Attorney ATTEST: City Clerk By: Mayor Mike Bodker Intergovernmental Agreement for Use and Distribution ofTSPLOST Proceeds/Fulton & Cities Page 17 APPROVED AS TO FORM CITY OF MILTON, GEORGIA: City Attorney ATTEST: City Clerk By: Mayor Joe Lockwood Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 18 %ER i-, ',l 11 APPROVED AS TO FORM CITY OF MOUNTAIN PARK, GEORGIA: City Attorney ATTEST: City Clerk By: Mayor Jim Still intergovernmental Agreement for Use and Distribution ofTSPLOST Proceeds/Fulton & Cities Page 19 VERO-06.16 APPROVED AS TO FORM CITY OF PALMETTO, GEORGIA: City Attorney ATTEST: City Clerk By: Mayor J. Clark Boddie Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 20 APPROVED AS TO FORM CITY OF ROSWELL, GEORGIA: City Attorney ATTEST: City Clerk By: Mayor Jere Wood Intergovernmental Agreement for Use and Distribution of TSPFOST Proceeds/Fulton & Cities Page 21 APPROVED AS TO FORM CITY OF SANDY SPRINGS, GEORGIA: City Attorney ATTEST: City Clerk By: Mayor Rusty Paul Intergovernmental Agreement for Use ana Distribution of TSPLOST Proceeds/Fulton & Cities Page 22 VERO-06. 16 APPROVED AS TO FORM CITY OF UNION CITY, GEORGIA: City Attorney ATTEST: City Clerk By: Mayor Vince Williams Intergovernmental Agreement for Use and Distribution of TSPLOST Proceeds/Fulton & Cities Page 23 No Text EXHIBIT A Following are the lists of Projects and Purposes ("Transportation Projects and Purposes") for each Jurisdiction proposed to be funded from the net proceeds of the Transportation Special Purpose Local Option Sales Tax (TSPLOST) pursuant to this Agreement, the estimated dollar amounts allocated for each transportation purpose, the schedule for distribution of funds, and the priority and order in which the TSPLOST net proceeds will be allocated: NOTE: The net proceeds are estimated based upon the most recent projections of revenue that can reasonably be expected to be collected over the next five years in Fulton County outside of the City of Atlanta. They are not guaranteed. The following chart shows the estimates for each Jurisdiction (based on the most recent population projections) at three levels of priority (Tiers) — Tier 1 at 85% of forecast; Tier 2 at 100% of forecast; and Tier 3 at 115.06% of forecast (rounded to a grand total of $655 Million). FULTON T-SPLOST FORECASTS (BASED ON 2015 CENSUS) A-1 2015 2015 Total % of Tier 1 Population County Revenues Tier 1 & 2 Tier 1, 2 & 3 Jurisdiction (Outside Population (85% of Revenues (100% ( ° Revenue115/ Atlanta) (Outside Forecast of Forecast) of Forecast) Atlanta) L 1 .1 ALPHARETTA 63,693 11.02% $53,303,663 $62,710,191 $72,153,836 CHATTAHOOCHEE 2,690 0.47% $2,251,218 $2,648,492 HILLS $3,047,334 COLLEGE PARK 13,264 2.29% $11,100,431 $13,059,331 $15,025,960 EAST POINT 35,467 6.13% $29,681,770 $34,919,730 $40,178,357 FAIRBURN 13,967 2.42% $11,688,761 $13,751,484 $15,822,345 HAPEVILLE 6,650 1.15% $5,565,280 $6,547,388 $7,533,371 JOHNS CREEK 83,335 14.41% $69,741,741 $82,049,108 $94,405,035 MILTON 37,547 6.49% $31,422,490 $36,967,635 $42,534,660 MOUNTAIN PARK 556 0.10% $465,308 $547,421 $629,858 PALMETTO 4,421 0.76% $3,699,865 $4,352,782 $5,008,276 ROSWELL 94,501 16.34% $79,086,390 $93,042,812 $107,054,302 SANDY SPRINGS 105,330 18.22% $88,149,009 $103,704,716 $119,321,802 UNION CITY 20,805 3.60% $17,411,375 $20,483,971 $23,568,690 FULTON 95,968 16.60% $80,314,099 $94,487,175 $108,716,175 (UNINCORPORATED) Totals 578,194 100.00% $483,881,400 1 $569,272,235 $655,000,000 A-1 City of Alpharetta Purpose/Projects ALPHARETTA TIER 1 PURPOSES/PROJECTS Congestion Relief Haynes Bridge Road Capacity Improvements Old Milton Parkway Capacity Improvements McGinnis Ferry Road Capacity Improvements Windward Parkway Business District/Union Hill Road Capacity Improvements Operations and Safety Academy St/Webb Bridge Road Operational and Pedestrian/Bicycle Improvements Morris Road Operational Improvements Bethany Road at Mayfield Road Intersection TSPLOST Purpose Cost $32,647,634 $20,656,029 Bethany Road at Mid Broadwell Road Intersection TIER 1 TOTAL PURPOSE COSTS $53,303,663 ALPARETTA TIER 2 PURPOSES/PROJECTS Operations and Safety $4,906,529 Kimball Bridge Road Operations and Ped/Bike Improvements Maintenance and Safety $1,500,000 Adaptive Traffic Signals/ITS Milling/Resurfacing Pedestrian / Bike Improvements $1,000,000 Sidewalks Debt Retirement $1,000,000 Debt Service Quick Response Projects $1,000,000 TIER 2 TOTAL PURPOSE COSTS $9,406,529 ALPHARETTA TIER 3 PURPOSES/PROJECTS Bridges Academy St/Webb Bridge Road GA 400 Bridge Improvements Kimball Bridge Road / GA 400 Bridge Improvements Pedestrian / Bike Improvements Commuter Bike Corridor Congestion Relief GA 400 Bottlenecks TIER 3 TOTAL PURPOSE COSTS TOTAL ALPHARETTA COSTS - ALL PURPOSES FOR TIERS 1-3 $7,293,644 $500,000 $1,650,000 $9,443,644 $72,153,836 A-2 City of Chattahoochee Hills Purpose/Projects CHATTAHOOCHEE HILLS TIER 1 PURPOSES/PROJECTS Maintenance and Safety Enhancements Resurfacing Quick Response Projects Project Management TSPLOST Purpose Cost $2,082,377 $56,280 $112,561 TIER 1 TOTAL PURPOSE COSTS $2,251,218 CHATTAHOOCHEE HILLS TIER 2 PURPOSES/PROJECTS Maintenance and Safety Enhancements $369,464 Resurfacing Quick Response Projects $7,945 Project Management $19,865 TIER 2 TOTAL PURPOSE COSTS $397,274 CHATTAHOOCHEE HILLS TIER 3 PURPOSES/PROJECTS Maintenance and Safety Enhancements $369,464 Resurfacing Quick Response Projects $9,514 Project Management $19,864 TIER 3 TOTAL PURPOSE COSTS $398,842 TOTAL CHATTAHOOCHEE HILLS COSTS - ALL PURPOSES FOR TIERS 1-3 $3,047,334 A-3 City of College Park Purpose/Projects COLLEGE PARK TIER 1 PURPOSES/PROJECTS Maintenance and Safety Enhancements Resurfacing Bridges Herschel Road @ Camp Creek, South Fork Camp Creek Parkway Frontage Road @ Camp Creek, South Fork Operations and Safety Old National Highway planning study (1-285 to Surrey Trail) Old National Highway signal timing maintenance Main Street at Virginia Avenue Main Street at Harvard Avenue Virginia Avenue at College Street Virginia Avenue at Adams Street Virginia Avenue at Madison Street Conley Street at Columbia Avenue Old National Highway at Godby Road Rhodes Street Ext. from Camp Creek Parkway to Yale Avenue Pedestrian / Bike Improvements Old National Highway @ 1-285 (intersection only) Virginia Avenue bike lanes (Main Street, to Harrison Road) Lake Shore Drive/Janice Drive (Herschel to Sun Valley) Camp Truitt (Herschel Road to Airport Drive) College Street (Harvard Avenue to Oxford Avenue) Virginia Avenue (Lee Street to Atlanta Street) Landscape/Streetscape Buffington Road at South Fulton Parkway (partial funding) Old National Highway at 1-285 (partial funding) Quick Response Projects Program Management TIER 1 TOTAL PURPOSE COSTS TSPLOST Purpose Cost $716,447 $900,900 $3,801,280 $3,407,872 $1,005,000 $819,231 $449,701 $11,100,431 A-4 Page 2 COLLEGE PARK TIER 2 PURPOSES/PROJECTS Pedestrian/Bicycle $425,248 South Fulton Parkway (Buffington Road to Welcome All Road) Landscape/ Streetscape $502,500 Camp Creek Parkway at 1-85 (partial funding) Operations and Safety $528,000 College Street at Harvard Avenue Washington Road (Camp Creek Parkway to Delowe Drive) Quick Response Projects $423,793 Program Management $79,359 TIER 2 TOTAL PURPOSE COSTS $1,958,900 COLLEGE PARK TIER 3 PURPOSES/PROJECTS Quick Response Projects $1,887,271 Program Management $79,358 TIER 3 TOTAL PURPOSE COSTS $1,966,629 TOTAL COLLEGE PARK COSTS - ALL PURPOSES FOR TIERS 1-3 $15,025,960 A-5 City of East Point Purpose/Projects TSPLOST Purpose Cost EAST POINT TIER 1 PURPOSES/PROJECTS Maintenance and Safety Enhancements $18,540,200 Resurfacing Pedestrian / Bike Improvements $7,915,262 Ben Hill Road (Dodson Drive to Dobbs Way) Washington Road (1-285 to Delowe Drive) Headland Drive (City of Atlanta to Kimmeridge Drive) Delowe Drive (Washington Rd to SR 166) Master Trail System Operations and Safety $1,462,500 Washington Road at Camp Creek Parkway Intersection Improvements Ale Circle at Washington Road Intersection Improvements Ben Hill Road (Will Lee Road to Unincorporated Fulton County) Traffic Calming and Lane Widening) Project Management $890,453 Quick Response Projects $873,355 TIER 1 TOTAL PURPOSE COSTS $29,681,770 EAST POINT TIER 2 PURPOSES/PROJECTS Maintenance and Safety Enhancements $4,408,500 Resurfacing Pedestrian / Bike Improvements $428,000 Dobbs Way (Washington Road to Ben Hill Road) Redwine Road (City of Atlanta to North Commerce Drive) Operations and Safety $237,500 Ben Hill Road (Will Lee Road to Unincorporated Fulton County) Traffic Calming and Lane Widening Project Management $163,960 TIER 2 TOTAL PURPOSE COSTS $5,237,960 Page 2 EAST POINT TIER 3 PURPOSES/PROJECTS Maintenance and Safety Enhancements $3,375,976 Resurfacing Operations and Safety $1,700,000 Janice Drive at Washington Road Intersection Improvements North Commerce Drive at Redwine Road Intersection Improvements North Desert Drive Extension at Ale Circle - Intersection Improvements Project Management $182,651 TIER 3 TOTAL PURPOSE COSTS $5,258,627 TOTAL EAST POINT COSTS - ALL PURPOSES FOR TIERS 1-3 $40,178,357 A-7 City of Fairburn Purpose/Projects TSPLOST Purpose Cost FAIRBURN TIER 1 PURPOSES/PROJECTS Maintenance and Safety Enhancements $7,737,167 Resurfacing (Phase 1) Pedestrian/Bike Improvements $136,891 Pedestrian/Bike Improvements (Phase 1) Roadway Projects $3,295,836 Howell Avenue Extension Rivertown Connector Park Road Extension Oakley Industrial Boulevard Full -Depth Reclamation► Quick Response Projects $233,775 Project Management/Construction Management $285,092 TIER 1 TOTAL PURPOSE COSTS $11,688,762 FAIRBURN TIER 2 PURPOSES/PROJECTS Maintenance and Safety Enhancements $552,987 Road Resurfacing (Phase 2) Operations and Safety $750,000 Quiet Zone Railroad Crossings $50,509 Pedestrian/Bike Improvements $353,171 Pedestrian/Bike improvements (Phase 2) Roadway Projects $315,000 Oakley Industrial Boulevard Extension (Design Only) Quick Response Projects $41,254 Project Management/Construction Management $50,310 TIER 2 TOTAL PURPOSE COSTS $2,062,722 FAIRBURN TIER 3 PURPOSES/PROJECTS Congestion Relief $450,000 Operation and Safety Improvements $541,902 Pedestrian/Bike Improvements $184,316 Pedestrian/Bike Improvements (Phase 3) Roadway Projects $802,717 Dodd Street Roundabout Quick Response Projects $41,417 Project Management $50,509 TIER 3 TOTAL PURPOSE COSTS $2,070,861 TOTAL FAIRBURN COSTS - ALL PURPOSES FOR TIERS 1-3 $15,822,344 A-8 City of Hapeville Purpose/Projects TSPLOST Purpose Cost HAPEVILLE TIER 1 PURPOSES/PROJECTS Operations & Safety Improvements $1,600,000 Silent/Quiet Zone Railroad Crossings - South Street Crossing Perkins Street Crossing Dogwood Drive Crossing Virginia Avenue Crossing Sylvan Road Crossing Pedestrian Improvements $1,900,000 Sidewalks, Curb/Gutter, Bike Lanes City Wide Maintenance & Safety $1,400,000 Paving & Drainage City Wide Engineering/ Management/Administration $665,280 TIER 1 TOTAL PURPOSE COSTS $5,565,280 HAPEVILLE TIER 2 PURPOSES/PROJECTS Maintenance & Safety $600,000 Paving & Drainage Resurfacing Operations and Safety Improvements (Traffic & Street Signage) $382,108 Citywide TIER 2 TOTAL PURPOSE COSTS $982,108 HAPEVILLE TIER 3 PURPOSES/PROJECTS Pedestrian Improvements $500,000 Sidewalks, Curb/Gutter, Bike Lanes city wide Maintenance & Safety $485,983 Paving and Drainage TIER 3 TOTAL PURPOSE COSTS $985,983 TOTAL HAPEVILLE COSTS - ALL PURPOSES FOR TIERS 1-3 $7,533,371 City of Johns Creek Purpose/Projects TSPLOST Purpose Cost JOHNS CREEK TIER 1 PURPOSES/PROJECTS Congestion Relief $50,286,471 Medlock Bridge Capacity Project from Chattahoochee River to McGinnis Ferry State Bridge Road Widening from Medlock Bridge to Chattahoochee River Jones Bridge Widening from Douglas Road to McGinnis Ferry Jones Bridge Widening from Waters Road to Buice Road and from Buice Road to State Bridge Road McGinnis Ferry Road Widening from Union Hill Road to Sargent Road Haynes Bridge Road Widening from Old Alabama Road to Mansell Road New Location Road in Tech Park Operations and Safety $19,455,270 Medlock Bridge at State Bridge Improvements Bell and Boles Road Operational and Safety Improvements from Medlock Bridge to McGinnis Ferry and from Abbotts Bridge to Bell Barnwell Road at Holcomb Bridge Road Improvements TIER 1 TOTAL PURPOSE COSTS $69,741,741 JOHNS CREEK TIER 2 PURPOSES/PROJECTS Congestion Relief $10,085,115 Old Alabama Road Widening from Nesbit Ferry to Old Alabama Connector State Bridge Road Widening from Kimball Bridge to Medlock Bridge Bridges $2,222,252 Bridge Improvements TIER 2 TOTAL PURPOSE COSTS $12,307,367 I_leto] Page 2 JOHNS CREEK TIER 3 PURPOSES/PROJECTS Maintenance and Safety Resurfacing Program Medlock Bridge Transit Related Enhancements Bridges Bridge Replacements Congestion Relief Nesbit Ferry Corridor Improvements Findley Road Extension to Lakefield Drive Old Alabama Widening from Jones Bridge Road to Buice Road Operations and Safety Barnwell Road Corridor Improvements Connected Vehicle Infrastructure Pedestrian and Bike Sidewalk and Trail Enhancements Multimodal Transportation Alternatives $1,713,388 $362,214 $3,426,775 $2,284,517 $4,569,034 TIER 3 TOTAL PURPOSE COSTS $12,355,927 TOTAL JOHNS CREEK COSTS - ALL PURPOSES FOR TIERS 1-3 $94,405,035 A-11 City of Milton Purpose/Projects TSPLOST Purpose Cost MILTON TIER 1 PURPOSES/PROJECTS Congestion Relief $9,540,000 Morris Road Widening Windward Parkway NE Crabapple Connector Operations and Safety $16,900,000 Hopewell Road at Bethany Bend/Way Intersection Improvements Freemanville Road at Birmingham Rd Intersection Improvements Charlotte Road at Mayfield Road Intersection Improvements Hopewell Road at Thompson Road/South Thompson Road Intersection Improvements Hopewell Road at Hamby Road Intersection Improvements SR 140/Arnold Mill Rd at Green Road Intersection Improvements Bridges $1,610,000 Birmingham Road Middle Bridge Pedestrian / Bike Improvements $3,372,490 Pedestrian Improvements TIER 1 TOTAL PURPOSE COSTS $31,422,490 MILTON TIER 2 PURPOSES/PROJECTS Operations and Safety $3,445,145 Bethany Road at Providence Road Intersection Improvements Freemanville Road at Redd Road Intersection Improvements Pedestrian / Bike Improvements $2,100,000 Pedestrian Improvements TIER 2 TOTAL PURPOSE COSTS $5,545,145 MILTON TIER 3 PURPOSES/PROJECTS Maintenance and Safety $3,000,000 Road Paving and Reconstruction Quick Response $775,160 Bridges $791,865 Bridge Repair and Replacement Pedestrian / Bike Improvements $1,000,000 Pedestrian Improvements TIER 3 TOTAL PURPOSE COSTS $5,567,025 TOTAL MILTON COSTS - ALL PURPOSES FOR TIERS 1-3 $42,534,660 A-12 City of Mountain Park Purpose/Projects TSPLOST Purpose Cost MOUNTAIN PARK TIER 1 PURPOSES/PROJECTS Congestion Relief $280,000 Roadway Stormwater Improvements Quick Response $185,308 TIER 1 TOTAL PURPOSE COSTS $465,308 MOUNTAIN PARK TIER 2 PURPOSES/PROJECTS Quick Response $82,113 TIER 2 TOTAL PURPOSE COSTS $82,113 MOUNTAIN PARK TIER 3 PURPOSES/PROJECTS Quick Response TIER 3 TOTAL PURPOSE COSTS TOTAL MOUNTAIN PARK COSTS - ALL PURPOSES FOR TIERS 1-3 $82,437 $82,437 $629,858 A-13 City of Palmetto Purpose/Projects TSPLOST Purpose Cost PALMETTO TIER 1 PURPOSES/PROJECTS Maintenance and Safety Enhancements $2,770,344 Resurfacing Operations and Safety $102,671 Phipps Road/Fayetteville Road Pedestrian / Bike Improvements $401,850 Church Street Phipps Road Quick Response Projects $425,000 TIER 1 TOTAL PURPOSE COSTS $3,699,865 PALMETTO TIER 2 PURPOSES/PROJECTS Maintenance and Safety Enhancements $488,884 Resurfacing Operations and Safety $18,118 Pedestrian / Bike Improvements $70,915 Quick Response Projects $75,000 TIER 2 TOTAL PURPOSE COSTS $652,917 PALMETTO TIER 3 PURPOSES/PROJECTS Maintenance and Safety Enhancements $488,884 Resurfacing Operations and Safety $18,118 Pedestrian / Bike Improvements $70,915 Quick Response Projects $77,577 TIER 3 TOTAL PURPOSE COSTS $655,494 TOTAL PALMETTO COSTS - ALL PURPOSES FOR TIERS 1-3 $5,008,276 A-14 City of Roswell Purpose/Projects ROSWELL TIER 1 PURPOSES/PROJECTS Congestion Relief Big Creek Parkway Phase 1 and 2 Holcomb Bridge Interchange Historic Gateway Enhancements Rucker Road Reconstruction Operations and Safety Oxbo/SR 9 Intersection Bridges Old Holcomb Bridge Road Bridge Replacement TIER 1 TOTAL PURPOSE COSTS ROSWELL TIER 2 PURPOSES/PROJECTS Pedestrian / Bike Improvements Sidewalk Repair and Complete Streets Program Maintenance and Safety TSPLOST Purpose Cost $7,000,000 $3,086,390 $79,086,390 $7,000,000 $6,956,422 Safety Improvements and Maintenance TIER 2 TOTAL PURPOSE COSTS $13,956,422 ROSWELL TIER 3 PURPOSES/PROJECTS Quick Response Congestion Relief Northbound Early Off Ramp TIER 3 TOTAL PURPOSE COSTS TOTAL ROSWELL COSTS -ALL PURPOSES FOR TIERS 1-3 $6,000,000 $8,011,490 $14,011,490 $107,054,302 A-15 City of Sandy Springs Purpose/Projects TSPLOST Purpose Cost SANDY SPRINGS TIER 1 PURPOSES/PROJECTS Operations and Safety Improvements $18,000,000 Traffic Efficiency improvements Pedestrian and Bike Improvements $28,500,000 Perimeter Transit Last Mile Connectivity Sidewalk Program Mt. Vernon Highway Multiuse Path Congestion Relief $41,649,009 Johnson Ferry Road/Mt. Vernon Highway Efficiency Improvements Hammond Drive, Phase 1 Efficiency Improvements TIER 1 TOTAL PURPOSE COSTS $88,149,009 SANDY SPRINGS TIER 2 PURPOSES/PROJECTS Pedestrian and Bike Improvements $12,500,000 Perimeter Transit Last Mile Connectivity Sidewalk Program Mt. Vernon Highway Multiuse Path SR 400 Trail System Roberts Drive Multiuse Path Congestion Relief $350,991 Johnson Ferry Road/Mt. Vernon Highway Efficiency Improvements Maintenance and Safety Enhancements $2,704,716 Roadway Maintenance and Paving TIER 2 TOTAL PURPOSE COSTS $15,555,707 SANDY SPRINGS TIER 3 PURPOSES/PROJECTS Maintenance and Safety Enhancements $15,617,086 Roadway Maintenance and Paving TIER 3 TOTAL PURPOSE COSTS $15,617,086 TOTAL SANDY SPRINGS COSTS - ALL PURPOSES FOR TIERS 1-3 $119,321,802 A-16 City of Union City Purpose/Projects UNION CITY TIER 1 PURPOSES/PROJECTS Congestion Relief 1-85/SR 138 Interchange Maintenance and Safety Enhancements Resurfacing Operations and Safety Flat Shoals Road (Westbrook St to Oakley Rd) Lancaster Lane (Shannon Pkwy to Shannon Way) Londonderry Way (SR 138 to Mall Blvd) Goodson Road (City Limits to Jonesboro Rd) Pedestrian/Bike Improvements Christian City Multi -Use Trail Lower Dixie Lake Rd Sidewalks TSPLOST Purpose Cost $5,000,000 $9,511,323 $1,846,435 $728,500 Quick Response Projects $235,687 Project Management $89,430 TIER 1 TOTAL PURPOSE COSTS $17,411,375 UNION CITY TIER 2 PURPOSES/PROJECTS Maintenance and Safety Enhancements Resurfacing Operations and Safety Jonesboro Road (SR 14 to Buffington Rd ) Highpoint Road (SR 14 to Dodson Rd) Oakley Road (SR 138 South to City Limits) Gresham St at Jonesboro Rd Improvements Quick Response Projects Project Management TIER 2 TOTAL PURPOSE COSTS $300,000.00 $2,406,909 $235,687 $130,000 $3,072,596 A-17 Page 2 UNION CITY TIER 3 PURPOSES/PROJECTS Maintenance and Safety Enhancements $1,715,485 Resurfacing Bridges $176,000 McClure @ Line Creek Peters Rd over Broadnax Creek Highpoint Rd @ Deep Creek Buffington Rd over Shannon Creek Operations and Safety $670,350 Buffington Road (SR 138 to Flat Shoals Rd) Pedestrian/Bike Improvements $496,070 Roosevelt Hwy (US29) (Lower Dixie Lake Road to Stonewall Tell Rd) Quick Response Projects $26,814 TIER 3 TOTAL PURPOSE COSTS $3,084,719 TOTAL UNION CITY COSTS - ALL PURPOSES FOR TIERS 1-3 $23,568,690 A-18 Unincorporated Fulton County Purpose/Projects TSPLOST Purpose Cost UNINCORPORATED FULTON COUNTY TIER 1 PURPOSES/PROJECTS Maintenance and Safety Enhancements $34,450,879 Resurfacing of Corridors Subdivision Toppings Subdivision Resurfacing Bridges $2,200,000 Butner Road at Camp Creek Enon Road at Camp Creek Tributary (Timber Bridge) Operations and Safety $32,158,400 Bethsaida Road at Creel Road Butner Road at Camp Creek Parkway Butner Road at Union Road Butner Road at Pittman Road Campbellton Road at Stonewall Tell Road Campbellton-Fairburn Road at Jones Road Cascade -Palmetto Highway at West Stubbs Road Demooney Road at West Stubbs Road Enon Road at Stonewall Tell Road Feldwood Road at Morning Creek Drive Feldwood Road at Bench Mark Drive Fulton Industrial Boulevard- Streetscapes and pedestrian upgrades from Frederick Dr. to MLK Jr. Dr. including 1-20 Interchange Ramps Fulton Industrial Boulevard at Cascade Road Old Fairburn Road at Union Road Rivertown Road at Cedar Grove Road Stonewall Tell Road at Union Road Stonewall Tell Road at Jones Road/Pittman Road Welcome All Road at Jailette Road Welcome All Road at Scarboro Road West Stubbs Road at Butner Road Signal Upgrades Pedestrian / Bike Improvements $4,250,000 Danforth Road (Rehoboth Circle to Cascade Road) Enon Road (Lynarbor Lane to Sanford J. Jones) A-19 Page 2 Fulton County Airport Improvements $1,189,500 Charlie Brown Airport -Matching Funds Aviation Circle Paving Quick Response Projects $1,648,045 Project Management $4,417,275 TIER 1 TOTAL PURPOSE COSTS $80,314,099 UNINCORPORATED FULTON COUNTY TIER 2 PURPOSES/PROJECTS Maintenance and Safety Enhancements $1,778,326 Resurfacing of Corridors Bridges $1,500,000 Bethsaida over Morning Creek Operations and Safety $9,824,400 Aldredge Road at Merk Road $779,519 Bethsaida Road at Old National Hwy. $14,229,000 Butner Road at Aldredge Road Fulton Industrial Boulevard -Sidewalks corridor -wide Washington Road at Roosevelt Highway Welcome All Road at Will Lee Road Flat Shoals Road ATMS Quick Response Projects $290,831 Project Management $779,519 TIER 2 TOTAL PURPOSE COSTS $14,173,076 UNINCORPORATED FULTON COUNTY TIER 3 PURPOSES/PROJECTS Maintenance and Safety Enhancements $124,513 Subdivision Resurfacing Pedestrian/Bike Improvements $12,978,213 Stonewall Tell Sidewalks Creel Road Sidewalks Bethsaida Road Bike/Sidewalks Welcome All Road Sidewalks Cascade Road Sidewalks Quick Response Projects $346,755 Project Management $779,519 TIER 3 TOTAL PURPOSE COSTS $14,229,000 TOTAL UNINCORPORATED FULTON COUNTY COSTS - ALL PURPOSES FOR TIERS 1-3 $108,716,175 A-20