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Agenda Packet - CC - 12/03/2018
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, December 3, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Father Reginald Simmons, St. Aidan’s Episcopal Church, Milton, GA 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 18-319) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 3, 2018 Page 2 of 4 6) CONSENT AGENDA 1. Approval of an Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Services – Bell Memorial Park Lacrosse Wall. (Agenda Item No. 18-320) (Carter Lucas, Assistant City Manager) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing the Cambridge High School Girls’ Cross Country Team State Championship. (Councilmember Matt Kunz) 2. Recognition and Presentation of City of Milton “Ten” Year Anniversary Pins to: Kevin Barry, Dana Braden, James Campbell, Joe Champion, Robert Edgar, Katherine Fies, Alexander Fortner, Stephen Hewitt, Andrew Kennedy, Michele McIntosh-Ross, Timothy Murray, Erick Sprouse. (Presented by Mayor Joe Lockwood) 3. Recognition and Presentation of City of Milton “Five” Year Anniversary Pins to: Robert Buscemi, Thomas Dutton, David Frizzell, Scott Lappin, Kurt McDowell, Rick Mohrig, Scot Richardson, Courtney Spriggs, Coleman Sproles, Chelsea Walters, Charles Yarbrough. (Presented by Mayor Joe Lockwood) 8) FIRST PRESENTATION 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. (Agenda Item No. 18-321) (Teresa Stickels, Conservation Projects Manager) 2. Consideration to Amend the Milton Tree Canopy Conservation Ordinance to Provide for a Time Extension on the Ability to Use Either Ordinance. (Agenda Item No. 18-322) (Michele McIntosh-Ross, Principal Planner) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 3, 2018 Page 3 of 4 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. City Council clarification that the motion regarding Allegiance Sanitation was to (1) terminate the waste handling contract, (2) make termination effective December 31, 2018, (3) notify the waste hauler of this termination, (4) authorize staff to work with citizens to ensure that any citizens adversely affected are provided reasonable options, if available, and, this motion is further authorization for the City Clerk to (5) place a “*” next to the November 19, 2018 minute entry regarding Allegiance Sanitation with a note cross-referencing to this evening’s Council action and clarification. (Agenda Item No. 18-323) (Ken Jarrard, City Attorney) 2. Consideration of a Resolution Approving Crown Castle Fiber, LLC’s Application for Utilization of the Public Rights of Way of the City of Milton for Wireless Telecommunication Facilities, as Authorized by Law. (Agenda Item No. 18-324) (Ken Jarrard, City Attorney) 3. Consideration of a Resolution Appointing a Member to the City of Milton’s Planning Commission for District 1/Post 1. (Agenda Item No. 18-325) (Mayor Joe Lockwood) 4. Consideration of a Resolution Appointing a Member to the City of Milton Equestrian Committee for District 2/Post 2. (Agenda Item No. 18-326) (Mayor Joe Lockwood) 5. Consideration of a Resolution Appointing a Member to the City of Milton Equestrian Committee for District 1/Post 1. (Agenda Item No. 18-327) (Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 3, 2018 Page 4 of 4 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Economic Development 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 18-328) TO: FROM: MILTON'k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 27, 2018 Steven Krokoff, City Manager � AGENDA ITEM: Approval of an Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Services - Bell Memorial Park Lacrosse Wall. MEETING DATE: Monday, December 3, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ('YES () NO CITY ATTORNEY REVIEW REQUIRED: (-KYES () NO APPROVAL BY CITY ATTORNEY: (4 -APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: l 2-10)Lcs16 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info(&dtyofmiltonga.us I www.dtyofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on November 26, 2018 for the December 3, 2018 Regular City Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Services – Bell Memorial Park Lacrosse Wall. _____________________________________________________________________________________ Project Description: The Public Works Department is requesting the approval of a professional services agreement for geotechnical services at Bell Memorial Park. Procurement Summary: Purchasing method used: Professional Services Account Number: 300-6110-541401500 FY 18 Requisition Total: $1,500.00 Vendor DBA: Universal Engineering Sciences Inc. Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, November 26, 2018 Legal Review: Sam VanVolkenburgh, November 12, 2018 Attachment: Professional Services Agreement HOME OF M I ESTABLISI ICD 2007 PROFESSIONAL SERVICES AGREEMENT — SHORT FORM Geotechnical Services — Bell Memorial Park Lacrosse Wall 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 2006 Heritage Walk, Milton GA 30004 (hereinafter referred to as the "City"), and Universal Engineering Sciences, Inc., a Florida Corporation, having its principal place of business in Georgia at 3040 Business Park Drive, Suite F, Norcross GA 30071 (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: to perform geotechnical testing and reporting services as outlined in Exhibit "A" (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 in accordance with the timeframe set forth in Exhibit "A". In any event, the Work shall be completed and the Agreement shall terminate, on or before April 1, 2019 (provided that certain obligations will survive termination/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 S 1,500.00 (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 lump sum fee. 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 for flat fee work shall be submitted upon completion of the Work. 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. r�- [INSERT NAME] 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 Party 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 indemnify 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 to attorney's fees and costs of defense ("Liabilities")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 2 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 (IBCA), 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.] [CHECK ONE] 500 or more employees. 100 or more employees. 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 confor-nity 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 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. 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. E. 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 4 District of Georgia—Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Tenn 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 perforin 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, etseq ). 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. Agreement 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. 5 CONSULTANT: Un4ersal Engineering Sciences, Inc. Signature: , l,it �'uL,-- Print '"Print Name: _ 0' ' k Title: ICIRCL&ONRI residentyicc President (Corporation) QP-- G�NEEfRjiV�/i'i [CORPORATESEAL] w?•RP •�''d;''% ui d if co oration Q f ' Attest/Witness: (rc q ) �; V� R9�,•� , SEAL �:m= slbnutu / r96ro r Print Name- G i/r �. �, � v t Lc L � 4CR1DA � / �— •� rruutnttt Title: I/ P ° �d"' ''�•"Z't /S�Q�✓L �'� tl (Assistum) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA i By: Steven Krkoff, City Manager Ratified by Clty Council: By: Joe Lockwood, Mayor Attest: (C14 SEAL] Signature: Print Name: Title: City Clerk Approved as to form; City Attorney 6 ,. r- Attention: Jim Cregge, CPRP, CYSA Director, Parks and Recreation Reference: PROPOSAL FOR A GEOTECHNICAL EXPLORATION Bell Memorial Park - Lacross Wall 15245 Bell Park Drive Milton, GA 30004 UES Proposal No. 1630.1118.00001 Dear Mr. Cregge: Universal Engineering Sciences is pleased to submit a proposal to conduct a preliminary geotechnical subsurface exploration for the referenced project. Our understanding of this project, along with our proposed scope of services and costs, is presented in the following paragraphs. Project information was provided to us in recent correspondence with you. We were provided with a preliminary location of the wall on an aerial photograph and an example lacross practice wall plan prepared by Gary K Munelt & Associates dated 12/3/13. We understand that a new lacross practice wall about 25 feet long and 13 feet high is planned for the Bell Memorial Park in Milton, GA. We understand that the wall will be constructed on or near existing grades. Based on our understanding of the project information, as requested, we propose to perform three (3) hand auger borings to depths ranging from 6 to 10 feet and test soil strength with a portable dynamic cone penetrometer (DCP). We will conduct all field services in accordance with applicable ASTM standards. At the completion of drilling, we will transport all samples to our laboratory where they will be examined by a geotechnical engineer and visually classified according to the Unified Soil Classification System. A professional engineer, registered in the State of Georgia, who has specialized in geotechnical engineering will direct and supervise our work. A report which describes our exploration and documents the subsurface conditions encountered will be provided for you. This report will include the following: 1. A brief discussion of our understanding of the planned construction and imposed loads. 2. A presentation of the field and laboratory test procedures used and the data obtained. A presentation of the subsurface conditions including subsurface profiles, estimated geotechnical engineering properties (as necessary). 3040 Business Park Drive, Suite F • Norcross, Georgia 30071 • (770) 242-6438 • Fax (770) 242-6980 www.UniversalEngineering.com LOCATIONS: ' Atlanta U N I V E R S A L ■ Daytona Beach • Fort Myers ENGINEERING SCIENCES E9 Fort Pierce Consultants In: Geotechnical Engineering • Environmental Sciences • Gainesville Jacksonville Geophysical Services • Construction Materials Testing • Threshold Inspection • Miami Building Inspection • Plan Review • Building Code Administration Ocala • Orlando (Headquarters) • Palm Coast November 1, 2018 PanatnaCity Pensacola • Rockledge Cit of Milton y 2006 Heritage Walk Sarasota • St. Petersburg Tampa Milton, GA 30004 Tifton • Wes[ Palm Beach Attention: Jim Cregge, CPRP, CYSA Director, Parks and Recreation Reference: PROPOSAL FOR A GEOTECHNICAL EXPLORATION Bell Memorial Park - Lacross Wall 15245 Bell Park Drive Milton, GA 30004 UES Proposal No. 1630.1118.00001 Dear Mr. Cregge: Universal Engineering Sciences is pleased to submit a proposal to conduct a preliminary geotechnical subsurface exploration for the referenced project. Our understanding of this project, along with our proposed scope of services and costs, is presented in the following paragraphs. Project information was provided to us in recent correspondence with you. We were provided with a preliminary location of the wall on an aerial photograph and an example lacross practice wall plan prepared by Gary K Munelt & Associates dated 12/3/13. We understand that a new lacross practice wall about 25 feet long and 13 feet high is planned for the Bell Memorial Park in Milton, GA. We understand that the wall will be constructed on or near existing grades. Based on our understanding of the project information, as requested, we propose to perform three (3) hand auger borings to depths ranging from 6 to 10 feet and test soil strength with a portable dynamic cone penetrometer (DCP). We will conduct all field services in accordance with applicable ASTM standards. At the completion of drilling, we will transport all samples to our laboratory where they will be examined by a geotechnical engineer and visually classified according to the Unified Soil Classification System. A professional engineer, registered in the State of Georgia, who has specialized in geotechnical engineering will direct and supervise our work. A report which describes our exploration and documents the subsurface conditions encountered will be provided for you. This report will include the following: 1. A brief discussion of our understanding of the planned construction and imposed loads. 2. A presentation of the field and laboratory test procedures used and the data obtained. A presentation of the subsurface conditions including subsurface profiles, estimated geotechnical engineering properties (as necessary). 3040 Business Park Drive, Suite F • Norcross, Georgia 30071 • (770) 242-6438 • Fax (770) 242-6980 www.UniversalEngineering.com UES Proposal No. 1630.1118.00001 11/1/2018 4. A geotechnical engineering evaluation of the site and subsurface conditions with respect to the planned construction. 5. Recommendations for foundation design and construction as well as our estimate of the performance of the foundation system. 6. Recommendations for site preparation procedures. 7. An evaluation of the suitability of the soils encountered in the retention area for use as structural fill. Based on the scope of the geotechnical exploration, the proposed laboratory testing, and the preliminary engineering services outlined above, we propose to complete the geotechnical exploration and engineering services for a lump sum fee of $1,500.00. We will contact you immediately if we encounter subsurface conditions which could require (1) the borings to be performed to deeper depths, (2) additional borings or other field testing, and/or (3) additional engineering analysis/evaluation and studies outside the scope of this proposal. UES will contact Georgia 811 to identify public utilities within the area and up to the appropriate meters. It should be understood that a two-week turnaround is required on underwater utility locates. Furthermore, UES should be provided with all readily available project site information regarding underground utility or service lines, and buried structures. Our office can not be held responsible for damage to buried service lines and/or structures that are not identified to our field personnel. We can initiate the field services within 3 to 5 days after receipt of written authorization to proceed with the field exploration complete in one day. We can provide preliminary verbal results as soon as the drilling has been completed in order to expedite the design process, upon request. The final geotechnical report should be available within two weeks after notice to proceed. We-have-included-a-shor44orrn-authorization-agreement.--In order -to -expedite- uft nternal-projeet—traek4ng- requirernents; please cute -this document -and -return -one copy -to our -offices � lookin Universal Engineering Sciences appreciates this opportunity to offer our services, and we are forward to the assignment. Please call if you have any questions. Sincerely, Universal Engineering Sciences, Inc. Thomas A. Tye, P.E. Branch Manager I/E4 D"l aIfl I INN Attachments: Work Authorization Form General Conditions iii No Text Client#- 1405231 131UNIVEENG DATE (MMIDDIYYYY) ACORDT.., CERTIFICATE I 11/05/2018 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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER BB&T Insurance Services, Inc. PO Box 4927 Orlando, FL 32802-4927 I -P A i NAME: PHONE Al /c, Nom Ems: 407 691-9600 No): 888 635-4183 �—-----_-- E-MAIL ADDRESS: _____ �� INSURER(S) AFFORDING COVERAGE NAIC # 407 691-9600 INSURER A :Travelers Indemnity Co of America 25666 INSURED Universal Engineering Sciences Inc 3532 Maggie Blvd. Orlando, FL 32811 7 INSURER B ; Insurance Company 25623 INSURER C s Travelers Indemnity Company 25658 INSURER D: Various Carriers -See Description INSURER E; INSURER F: TIA`18 COVERAGES CERTIFICATE NUMBER: #5)18/19 Munici REVISION NUMBER: 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 TYPE OF INSURANCE ADDL SUB POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY P•660 -3G518961- 0110112018 011011201 EACH OCCURRENCE $1,000,000 CLAIMS -MADE ��OCCUR TIA`18 PREMISES (Eaoccu ante} $100,000 MED EXP (Any one person) $5,000 X Incl X,C,U PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICYPRO® ECT (� LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: C AUTOMOBILE LIABILITY " "` P8102F15998A-.1101/2018 01/01/201 COMBINED SINGLE LIMIT Ea accident $1,000,000 _ BODILY INJURY (Per person) $ X ANY AUTO IND -18 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ _ PROPERTY DAMAGE $ _ __— _-___— HIRED NON -OWNED AUTOS. ONLY AUTOS ONLY(PeraccidenD_ ® UMBRELLA LIAB X OCCUR See Description 1/01/2018 01101/2019 EACH OCCURRENCE sSe_e DeScri t _ AGGREGATE , _ $See Descript X EXCESS LIAB� CLAIMS MADE for. Excess Llab DED RETENTION$ $ information B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICERIMEMBER.EXCLUDED? N] (Mandatory in NH) NIAI ,� j UB9H907703-18 1/01/2018 01/01/201 X J,TEATT�OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE s.1 000 000 E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, de5dribe under DESCRIPTION OF OPERATIONS below DESCRIPTION. OF OPERATIONS I LOCATIONS I VEHICLES. (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Regarding Geotechnical Services: Bell Memorial Park, Lacrosse Wall. *-Additional Insured status is granted with respect to General Liability if required by written contract per "Blanket Additional Insured -Written Contracts (Architects, Engineers and Surveyors)" form #CGD4140408. Primary and Non -Contributory status is granted with respects to General Liability if required by written contract per "Other Insurance -Additional Insureds" form #CGD037 04 05. (See Attached Descriptions) L7:NIII" q 9O_AtLai 11 CI Of Milton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2006 Heritage Walk ACCORDANCE WITH THE POLICY PROVISIONS. Milton, GA 30004 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S21924424/M19211156 PSBE DESCRIPTIONS (Continued from Pag Per Project Aggregate status is granted as respects to General Liability as per "DesignatedProject(s) General Aggregate Lhnit'.form #CGD211V104. Contractual Liability aorespects to General Liability aeper Commercial General Liability Coverage Form fomo#CGOUV1 10-01. *Additional Insured status is granted with respects to Automobile Liability if required by written contract per endorsement "Business Auto Extension Endorsement -Florida" Form #CAF219 0817 *Waiver ofSubrogation status jsgranted with respects toGeneral Liability ifrequired bywritten contract per "Architects, Engineers and Surveyors IndustryEdge Endorsement", form #CGD4 15 05 08. *Waiver of Subrogation status is granted with respects to Workers Compensation if required by written contract per Waiver of Our Rights to Recover from Others Endorsement, form #WC000313(00) *Waiver ofSubrogation status iegranted with respects toAutomobile Liability ifrequired hywritten contract per "Business Auto Extension Endorsement -Florida" Form #CAF219 0817. EXCESS LIABILITY COVERAGES: Excess Liability Policy over General Liability: National Surety Corporation (NAIC#21881) Po|icy#GSE32299366 Policy term 1-1-2018 to 1^1-2013 Provides an additional $9,000,000 per Occurrence, $9,000,000 per Aggregate, excess liability layer above the underlying $1,000,000 occurrence liability limitsi$2,000,000 aggregate liability limit provided by primary General Liability policy with Travelers Indemnity Company of America, policy #P6603G518961TIA18. Excess Liability Policy over Auto Liability: Endurance Assurance Corporation (NA|C#11551) Po|icy#EXC30UnO53D7VV Policy term 14'2V1Vtui-1'2V19 Provides an additional $1,000,000 excess automobile liability layer above the underlying $1,000,000 liability limits provided by primary automobile policy with Travelers Indemnity Company #P8102F16998AIND18. (Aggregate Limit where app|icab|e.) EnoesmLiability Policy over Auto Liability; Landmark American Insurance Company (NAIC#33138) Po|icy#LHAO8157g Policy term 1'`1-2V18to1-1-o019 Provides an additional $4,000,000 excess automobile liability layer above the underlying $1,000,000 automobile liability limits provided by Endurance Assurance Corporation Policy #EXC30000530700. (Aggregate Limit where mpp|ioab|e.) SAGITTA max(2016103) 2of2 #S219244340M19211158 STATE OF 6LX i b— EXHTI IT "C" COUNTY OF 6(-,1 'ori niTt CONTI"CTOR AFFIDAVIT AND AGRE1'MENT 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 perfornnauce of services on behalf of the City of Millon, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of' such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Wort. Authorization user Identification Number 7--13-dC4,7 _ Date of Authorivation Univers.. B!4pecrirn-Sciences, Inc. Name of Contractor Geotechnical Services Bell Memorial Park Lacrosse- Wall Name of Project Citv of Milton, Georgia Name of Public Employer I hereby declare under penalty ofperjury that the foregoing is true and correct. Executed on _ , 201L L in Nor(_ ity), C -A (state). nature of Auth 17ed Officer or Agent Printed Na ne and Title of Authorized Mccr or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ! DAY OF &Vc,rber(,201 'V NOTARY PUBLIC [NOTARY SI,ALI Pamela D Sanford NOTARY PUBLIC Gwinneit County, GEORGIA My Commission lxpirc . y Commission Expires February 23, 2020 Na31 01;�O STATE OF I? \ I I I RlBIT"D" COUNTY OF SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verities its compliance with O.C.G.A. § 13-10- 91, stating affinnatively that the individual, finn or corporation which is engaged in the physical perfonnance of services under a contract with Universal Engineering Sciences, inc. on behalf of ttte City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Vcrify, 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 conlract period, and the undcrsigncd subcontractor will contract Ior 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 authrn•ization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date ol'Authorization Name of Subcontractor Geotechnical Services Bell Memorial Park Lacrosse Wall Name of Project Citv of Milton, Gcorptia Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Fxecuted on , 20 in (city), _ (slate). Signature of Authorized Officer or Agent Printed N.une and Title of Authorized Officer or Agent SLJ13SCRIBED AND SWORN BEFORE ME ON TI IIS THE DAY OF ,'0 NOTARY PUBLIC [NOTARY SEAL] My Commission Expire~: MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 27, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing the Cambridge High School Girls' Cross Country Team State Championship. MEETING DATE: Monday, December 3, 2018 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 (,,j'NO CITY ATTORNEY REVIEW REQUIRED: () YES (,ANO APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: I -L1`5) () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 Cambridge High School Girls’ Cross Country State Championship Day WHEREAS, On Friday, November 2, 2018, the Cambridge High School Girls’ Cross Country Team won their second straight State Championship in Class 6A; and WHEREAS, The Lady Bears placed six runners in the top-30 to capture the State Championship; and WHEREAS, The team was led by Ashley Sechrest who placed third overall, jumping 17 spots from her result in the 2017 finals; and WHEREAS, Grace Gerlach also posted a top-10 finish by placing sixth, Clarissa Beck placed 16th, Afton Hirschi placed 20th, Delaney Goodell placed 24th, Isabel Filipeck placed 30th and Kathryn Suplee placed 52nd which helped secure the team’s second straight State Championship; and WHEREAS, These girls are champions not only on the field, but also in the classroom, in the community and in life; we are proud of the Cambridge High School Girls’ Cross Country Team and their contributions to our community. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and proclaim Monday, December 3rd as “Cambridge High School Girls’ Cross Country State Championship Day” in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 3rd day of December, 2018. _________________________________ Joe Lockwood, Mayor TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 27, 2018 Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. MEETING DATE: Monday, December 3, 2018 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 (40 CITY ATTORNEY REVIEW REQUIRED: () YES (,�-NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ; z)u5)zu16 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 To: Honorable Mayor and City Council Members From: Teresa Stickels, Conservation Projects Manager Date: Submitted on November 27, 2018 for the December 3, 2018 Regular Council Meeting for First Presentation and December 17, 2018 for Unfinished Business Agenda Item: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. ____________________________________________________________________________ Department Recommendation: Re-affirm the ordinance approving and establishing the regulation of solid waste collection services within the City of Milton and direct City Staff to facilitate the contracting of such services to providers currently in operation and those who may become in operation. No changes to the ordinance are requested. Executive Summary: The original ordinance was passed on November 21, 2006 and has been approved each successive year since its original enactment. The City’s authority to enter into solid waste franchise agreements originates from this ordinance. This ordinance requires approval each year in order to continue the enforcement of our solid waste franchise agreements. The following companies are on the current list of permitted haulers: Advanced Disposal American Disposal Arrow Waste Custom Disposal Grogan Disposal GW Lovelace Henry Edward Kincaid M&M Waste Republic Services Sanitation Solutions Waste Management Waste Pro Page 2 of 2 Funding and Fiscal Impact: The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the city quarterly in the amount of 5% of gross receipts. As of November 2018 the revenue collected was $124,720.47. This includes the FY18 third quarter payments which were due November 15, 2018. Alternatives: If not approved, the City would lose its authority to regulate solid waste collection within our corporate limits and the ability to collect franchise fees for the same activity, with the accompanying loss of revenue. Legal Review: n/a Concurrent Review: Steve Krokoff, City Manager Carter Lucas, Community Development Director Attachment(s): Solid Waste Ordinance Chapter 46 - SOLID WASTE[1] Footnotes: --- (1) --- State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management, O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12-8-31.1; tire disposal restrictions, O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for local government units to enforce collection of taxes, fees, or assessments for solid waste management, O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40; transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36 -1- 16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways, O.C.G.A. § 40-6-249. ARTICLE I. - IN GENERAL Sec. 46-1. - Definitions. For the purpose of this chapter, whenever inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this section or otherwise in this chapter shall be given their common and ordinary meaning. The following words, terms, phrases and their derivations shall, in this chapter, have the meaning given in this section. Approved container or approved bag or container or bag means those containers used in the collection of solid waste, as def ined in this chapter, which have been approved by the company for use by both residential and commercial customers. Area shall mean the area within the boundaries of the incorporated areas of the City of Milton, as they exist as of the effective date in addition to future boundary changes as outlined in [the term "city"]. City means the City of Milton, Georgia, an incorporated municipal government in Fulton County, State of Georgia. Boundaries defining the city limits may be changed via ordinances approve d by the city council, for which any new boundary created shall be subject to this contract. Commercial unit shall mean any structure, whether freestanding or designed to serve multiple tenants, whose primary purpose is for conducting business. Company means any organization, firm, person, entity, corporation or other business that contracts with customers to provide for the collection and disposal of solid waste material as defined in this article, and including but not limited to construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Construction/demolition debris shall have the meaning set forth by the Georgia Department of Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3-4.01(14)). Construction site shall mean any parcel of land or real property having land disturbance, clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or new construction work performed thereon or about the real property or premises whether or not a land disturbance and/or building permit is required. Customer shall mean any firm, person, entity, corporation or organization that contracts with a company for the collection and disposal of solid waste material as defined in this chapter, and including, but not limited to, construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Dead animals shall mean animals or portions thereof equal to or great er than ten pounds in weight that have died from any cause, except those slaughtered or killed for human use. Effective date means any contract executed between the city and any company on or after December 1, 2009. Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines, regulations, governmental, administrative or judicial orders or decrees or other legal requirements of any kind, including, without limitation, common law, whether currently in existence or hereafte r promulgated, enacted, adopted or amended, relating to safety, preservation or protection of human health and the environment (including ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment, transportation or disposal of waste, substances or materials, including, without limitation, any matters related to releases and threatened releases of materials and substances. Garbage shall have the meaning set forth at Georgia Department of Natural Resource s, Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)). Gross receipts shall mean the total amount collected by the company from any and all customers for services rendered under authority of this chapter as a result of charges for se rvice. Gross receipts shall not include the infrastructure maintenance fee identified in this chapter. Hazardous materials means any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substances, regulated under or pursuant to any environmental laws. The term "hazardous materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without lim itation, petroleum products and their derivatives, or other substance that is, after the date first written above, deemed hazardous be any judicial or governmental entity, body or agency having jurisdiction to make that determination. Hazardous waste means any waste regulated under or pursuant to any environmental laws, including, but not limited to, any solid waste which has been defined as a hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term "hazardous waste" also includes hazardous materials and any waste that is, after the effective date of this agreement, deemed hazardous by any judicial or governmental entity, board, body or agency having jurisdiction to make that determination. The term "hazardous waste" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste. Recycling shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57). Residential unit shall mean any structure, whether single family, multi-family, or otherwise whose primary purpose is for living. Solid waste means the collection of residential and commercial nonrecyclable waste, residential and commercial recyclable waste, and residential yard trimmings/waste. Term shall mean a period of one year from the effective date. Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77). (Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08-11-30, § 1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-2. - Purpose. This chapter regulates the collection and disposal of waste and garbage including, but not limited to, all waste byproducts of manufacturing or commercial establishments, cinders and ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard, rags, ashes, and other such waste material ordinarily disposed from residences, churches, schools, small business establishments, and other such places. (1) The term "garbage" does not include animals, fowl, and fish entrails, bones and carcasses whether in whole or in part, from business establishments such as slaughterhouses and meat and fish markets. Such material means "other waste." (2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones, carcasses in whole or in part and dead animals, and any other refuse material not otherwise classified herein. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016 Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-3. - Collection fees. All fees are listed in section 46-70, contract and rental fees. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 3), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Hospitals and health care professionals or other entities disposing of medical waste including, but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner consistent with federal and state regulations. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Secs. 46-5—46-23. - Reserved. ARTICLE II. - LITTERING Sec. 46-24. - Prohibited. (a) Unlawful acts defined. (1) Public littering. It shall be unlawful for any person, in person or by his or her agent, employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any public way or other public place in the city or the river, creek, branch, public water, drain, sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish, waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the city's jurisdiction in such a manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places; provided that this section shall not apply to: a. The deposit of material under a permit authorized by any city ordinance; b. Goods, wares, or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed there from within two hours after being so deposited; or c. Articles or things deposited in or conducted into the city sewer system through lawful drains in accordance with the city ordinances relating thereto. (2) Private littering. The acts described in subsection (a)(1) of this section shall also apply to acts committed to or against private property without the consent of the owner. (b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other similar forms of containers shall provide adequate metal or plastic containers upon the premises for collection of refuse. It shall be the express responsibility of all such business firms to collect all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said business that may discarded upon the premises or neighboring street and sidewalks. It further shall be the responsibility of said business to collect the aforementioned items from the premises of the neighboring property when the owners of the property specifically request and authorize the business personnel to enter upon their property for that purpose. (c) Construction site operators must properly dispose (or discard) building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. All construction site operators shall provide adequate containers upon the premises for collection of said materials and any waste generated or collected at the sit e. (d) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this section or who violates any order or determination of the department promulgated pursuant to this article shall be punished as directed by law, and in addition thereto, may be enjoined from continuing the violation. Each day a violation occurs shall constitute a separate offense. Any willful and wanton violation of this subsection resulting in the unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance and on conviction thereof by the city court, the mayor and city council may after a notice and a hearing revoke the business license of the violator. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 14-11-228, § 1, 11-17-2014; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Secs. 46-25—46-43. - Reserved. ARTICLE III. - COLLECTION SERVICES DIVISION 1. - GENERALLY Secs. 46-44—46-62. - Reserved. DIVISION 2. - CONTRACTUAL PROVISIONS Sec. 46-63. - Authority. The city is empowered to contract with one or several third parties to collect and dispose of all garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city may sell franchise rights in garbage collection to third parties. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-64. - Grant of nonexclusive contract. The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose of operating and engaging in the business of collecting and disposing of waste; including, but not limited to, contracting with customers and providing service pursuant to contract therefore, placing and servicing containers, operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or incidental to such business and service. (Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08-11-30, § 2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-65. - Term. The term of any agreement shall be for a period of one year beginning on the effective date of the contract execution and terminating on the first anniversary of said date. The company shall begin performance under this contract immediately after the effective date of the contract execution. (Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08-11-30, § 3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-65 from "One year in length" to "Term." Sec. 46-66. - Scope and nature of operation. (a) Residential and commercial refuse and waste. The company may collect and deliver for disposal all residential and commercial refuse and waste accumulated within the corporate limits of the city by the company's customers and the words "refuse", "garbage", "trash" and "waste" when used in this article are used for convenience and, unless the context shows otherwise, refer to yard trimmings, recycling, storm debris, garbage, and construction/demolition debris. The company will furnish the personnel and equipment to collect refuse, provide the services described herein, and as contracted for with its customers, in an efficient and businesslike manner. (b) Service provided. Company shall provide container, bin and other collection service for the collection of residential and commercial refuse and waste according to the individual customer agreements and applicable city regulations and shall make provision for the special collection of such refuse and waste upon request. The company shall cause or require its equipment, containers and bins to be kept and maintained in a manner to not cause or create a threat to the public health and shall keep the same in a good state of repair. (c) Collection operation. (a) Save and except as provided in this section, collection shall not start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request variances to this collection period provided that collections: (i) are made in a manner that does not cause or result in loud noise; and (ii) that are made at a location which will not cause the disturbance of persons occupying the premises or neighboring property must first be confirmed prior to the request. All requests for variances of times must be submitted to the city manager, or his designee, and include documentation on the hardship created by the collection operation period. Should such a collection operation variance be granted and the city receives two complaints about the collection operation in any six-month time period, the city shall verify and substantiate the factual basis for any complaints. Should the complaints be substantiated, the collection operation variance will be revoked. The frequency of collection shall be determined by each individual customer agreement. (d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines appropriate. Notification must be given by the company to it's customers of the holidays and resulting collection cycles. (e) All companies must maintain a local customer service telephone number while conducting business within the city. The telephone number must be publicly listed in a phone book and available through directory assistance. Each company providing trash receptacles, whether commercial or residenti al, must mark each receptacle with the company's name and telephone number in letters not less than four inches in height. Each company must provide a mechanism to accept, investigate, and respond to customer complaints. Companies are strongly encouraged t o use multi-media devices including interactive websites, e-mail, fax, and automated telephone systems. Service calls received by the city as a result of noncompany performance will result in the consideration of revocation of a nonexclusive contract or the city's choice to not renew an existing agreement. (f) Any invoice, bill, statement, or other device intended to request remittance by the customer to the company of funds for payment of service shall include at a minimum, the company's telephone number and payment methods available to customers. (g) All companies providing residential service or service to residential multi-family units must provide a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. Commodities may be commingled by the consumer and collected commingled by the hauler. Recycled commodities which must be offered in all programs are as follows: steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and #3); cardboard, cereal boxes and any nonwaxed paper containers; brown paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and school papers. Customers shall be charged for the recycling program by the company regardless of utilization of the service. Haulers are to include this service with their residential rate structure; however, the charge for recycling shall be shown separate from other services provided. (h) All companies providing commercial service must offer and promote a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. (i) All companies providing residential service must offer the collection of yard trimmings to all customers. This program is intended to assist in the collection and disposal of grass clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitat ions set by company; bushes, brush, and all other general debris generated from the maintenance of residential yards and lawns. (j) It shall be the company's obligation and responsibility to educate all customers on industry trends and best practices relating to solid waste collection, removal, and disposal. Such education programs must consist of the following elements: Recycling; holiday schedules; new customer information; and any service related items. All companies have the obligation to inform customers of any noncollected trash or items placed for collection by the customer but not covered under the agreement between the customer and the company. Further, it shall be the company's obligation and responsibility to educate customers on days of collection for each specific service provided. All education and communication between the company and customers should promote the plac ement of residential collectibles at the curb the night before pick -up. Receptacles, containers, or bagged materials shall not be left at the curb for longer than a 24-hour period. (Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08-11-30, § 4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-67. - Vehicles to be covered and identified. (a) All vehicles used by company for the collection and transportation of refuse shall be covered at all times while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or properties adjacent thereto, and such vehicles shall be clearly marked with the company's name and telephone number in letters not less than four inches in height. (b) Company must provide a comprehensive and proactive driver safety education program which encourages safety on city streets. Such program must be demonstrated and conveyed to the city. Company must comply with all other regulatory agencies, both local, state, or otherwise with respect to commercial vehicle operation within the city. Service calls received by the city as a result of noncompany performance will result in the consideration of revoking a nonexclusive contract or the city's choice to not renew an existing agreement. (c) Company must manage collection services delivered within the city to minimize the number of vehicles on city roads. Coordination between haulers and service providers is strongly encouraged to manage service vehicles on residential streets and neighborhoods. (d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is not feasible to use standard collection vehicles, such vehicles must be covered at all times while loaded and in transit should they exceed 30 miles per hour or be driven more than 300 yards on a public street. (Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08-11-30, § 5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-68. - Regulation of containers. The company may rent, lease, provide or define specifications for containers to any customer within the corporate limits of the city for refuse storage and collection purposes subject to the following requirements: (1) All containers shall be constructed and maintained according to industry practice; (2) All containers shall be equipped with stable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents; (3) All containers, save and except those being used for the purpose of collecting and storing rubble, building and scrap construction materials, shall be equipped with covers suitable to prevent blowing or scattering refuse and access to the container by animals while the container is at the site designated by customer; (4) All containers shall be periodically cleaned, maintained, serviced and kept in a reasonably good state of repair, to prevent the unreasonable accumulation of refuse residues, to avoi d excessive odor and harborage for rodents and flies resulting from excessive residues remaining after collection of containers; (5) All containers shall be clearly marked with the company's name and telephone number in letters not less than four inches in height; (6) All containers shall not be on public rights -of-way and shall be located so as to not interfere, block, obstruct or impede the normal use of any sidewalk, street, alley driveway or fire lane, or to block, obstruct or impede sight distance at street, road or alley intersections; (7) All containers, bins, or other collection instruments must be kept free from graffiti, rust, broken and nonoperational parts and pieces, and litter in and around the area; and (8) It shall be the responsibility of each company to educate their customers on the regulations of containers and maintain industry standards, policies, and procedures, which promote an aesthetically pleasing environment in and around all refuse and waste containers and receptacles. (Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08-11-30, § 6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-68 from "Container requirements" to "Regulation of containers." Sec. 46-69. - Disposal of refuse. The company will deliver all waste collected by it from its customers within the city, except for materials which the company may select for recovery and recycling, to a disposal facility that is permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of operation and disposal practices at the disposal facility will be observed and follo wed by the company while engaged in the disposal of refuse pursuant to this article. Any items collected as part of a recycling program must be delivered to a facility where recovery and reuse occurs. Should any company choose to offload or dispose of materials collected by one vehicle into another for transport to the final disposal facility, company shall make every available effort to perform such refuse transfer on property owned by the company or privately owned property where the company has an agreement with the property owner to perform such activity. In the event any transfer occurs on public land, including streets, alleys, rights-of-ways, roads, thoroughfares, avenues, parkways, expressways, or other areas designed and designated for public travel, company shall make every effort available to clean the area after completion of the transfer to insure the area is maintained at the same or better level than if the area was not used for this activity. In the event the city receives complaints regardin g this practice, company shall be required to cease from this activity at the location of the complaint. (Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08-11-30, § 7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-70. - Contract and rental fees. Contract fee. The streets, rights-of-way, and public easements to be used by the company in the operation of its business within the boundaries of the city as such bo undaries now exist and exist from time to time during the term of this contract, are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and the city will incur costs to regulate and administer this article. In consideration of such benefits, costs and expenses, the company shall through the term of its contract collect an "infrastructure maintenance fee" equal to five percent of the company's gross receipts to customers within the city (exclusive of sales tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements sent by any company to a customer under this article. This fee is applicable to haulers that are providing trash and recycling collection to residential accounts as well as haulers serving commercial accounts. (1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city and delivered to the city in conjunction with a statement indicating the derivation and calculation of such payment. Each such quarterly payment shall be due on the f ifteenth day of the second month following the end of the quarterly period for which said payment is due. The quarterly payments shall be due on February 15, May 15, August 15, and November 15 of each year during the term hereof, with the February 15 payme nt being based upon the company's gross receipts during the calendar quarter ending the prior December 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the May 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior March 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the August 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior June 30 and being payment for the rights and privileges granted hereunder for said calendar quarter, and the November 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior September 30 and being p ayment for the rights and privileges granted hereunder for said calendar quarter. During the implementation of this article, all bills generated by companies after December 1, 2006, shall include the infrastructure maintenance fee. The city shall provide m aterial relating to the education and marketing efforts of the infrastructure maintenance fee as well as provide education and training to company employees to ensure a consistent message is conveyed to constituents of the City of Milton. For purposes of verifying the amount of such fee, the books of the company shall at all reasonable times be subject to inspection by the duly authorized representatives of the city. If the infrastructure maintenance fee is not paid by the due date as set forth herein, the company from whom the fee was due shall be assessed and shall pay a late fee in the amount of 10% of the amount not timely paid. In addition, all amounts otherwise due, including late fees, shall accrue interest at the rate of 1.5% per calendar month begin ning 30 days after the original due date. (2) No other rental fees. The contract fee shall be in lieu of any and all other city-imposed rentals or compensation or contract, privilege, instrument, occupation, excise or revenue taxes or fees and all other exactions or charges (except ad valorem property taxes, special assessments for local improvements, city sales tax, and such other charges for utility services imposed uniformly upon persons, firms or corporations then engaged in business within the city) or permits upon or relating to the business, revenue, installations and systems, fixtures, and any other facilities of the company and all other property of the company and its activities, or any part thereof, in the city which relate to the operations of the company pursuant to this article; provided, that this shall not be construed to prevent the company from being required to pay any and all applicable fees and charges in effect from time to time for dumping at a landfill or transfer station. (3) Credit for fees paid. Should the city not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that it will apply so much of said sums of money paid as may be necessary to company's obligations, if any, to pay any such contract, ordinance charges, other charges, fees, rentals, easement, taxes or charges. (4) Reporting. Any company providing service pursuant to this article or a resulting contract shall from time to time provide the city with the necessary statistics regarding waste collected and disposed which shall allow the city to comply with state rep orting requirements. Such information shall be in the manner and format requested by the city and provide adequate details for the city to maintain compliance with local, state, federal, and all other guidelines relating to solid waste collection, removal, and disposal. (5) Dedicated revenue. The infrastructure maintenance fee collected by the city under this article shall be dedicated to the following: (i) maintenance of the city's streets, corridors, alleys, thoroughfares, and transportation routes; (ii) administration of contract compliance between customers and companies where service is received as provided in this article; and (iii) collection of litter, trash and hazardous waste materials within the city. (Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-11-30, § 8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-70 from "Fees" to "Contract and rental fees." Sec. 46-71. - Compliance with law. The company shall conduct under this article in compliance with the material provisions of all applicable local, state and federal laws, rules and regulations, and with the general specificatio ns contained in this article. (Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-11-30, § 9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-71 from "Compliance with local, state and federal regulations required" to "Contract and rental fees." Sec. 46-72. - Insurance provided by company. (a) Minimum coverage requirements. The company shall maintain throughout the term of its contract, property damage coverage, general liability insurance, and automobile liability insurance for any automobile owned or operated by company, with an insurance company authorized and licensed to do business in the State of Georgia and acceptable to the city, insuring against claims for liability and damages for the benefit of the city. The insurance shall include the city as an additional insured. General liability coverage insurance under this section shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate. Automobile liability insurance under this section shall, at a minimum, have limits of $1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both automobile liability insurance and general liability insurance is required. (b) Employer's liability. If the company is required by Georgia Statute, the company shall maintain throughout the term of the contract resulting from this article the requisite statutory workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance. Company shall be required to show compliance to this section by submitting documentation of such coverage from an approved carrier licensed in the State of Georgia, or documentation explaining the exemption from employer's liability insurance should they not meet the state requirements to carry such coverage. (c) Certificate of insurance. The insurance policy, or policies, obtained by the company in compliance with this section shall be approved by the city manager or his designee in the city manager's or his designee's reasonable discretion, and the certificate of insurance for the insurance policy shall be filed and maintained with the city during the term of the contract resulting from this article with a copy of the endorsement required under subsection (d) to be attached or made a part of such certificate. (d) Endorsements. All insurance policies maintained pursuant to this article shall contain the following conditions by endorsement: (1) Additional insured. The city shall be an additional insured and the term "owner" and "city" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the city and the individual members, officers, employees and agents thereof in their official capacities and/or while acting on behalf of the city. (2) Other insurance clause. The policy clause "other insurance" shall not apply to the city when the city is an insured on the policy. (3) No recourse. Companies issuing the insurance policies shall not recourse against the city for payment of any premium or assessment. (e) Increase requirements. The city may choose to amend this article to make reasonable adjustments to the insurance coverage and their limits when deemed necessary and prudent based upon changes in statutory law, court decisions, or the claims history of the industry. (Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11-30, § 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-72 from "Company to provide insurance" to "Insurance provided by company." Sec. 46-73. - Indemnification and hold harmless. The company agrees to indemnify, defend and save harmless the city, its agents, offi cers and employees, against and from any and all claims by or on behalf of any person, firm, corporation or other entity arising from any negligent act or omission or willful misconduct of the company, or any of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon. Promptly after receipt from any third party by city of a written notice of any demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation (an "asserted claim") that may result in losses for which indemnification may be sought hereunder, the city shall give written notice thereof (the "claims notice") to the company provided, however, that a failure to give such notice shall not prejudice the city's right to indemnification hereunder except to the extent that the company is actually and materially prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses that have been or may be suffered by the city when such information is available. The company may elect to compromise or defend, at its own expense and by its own counsel, any asserted claim. If the company elects to compromise or defend such asserted claim, it shall, within 20 business days following its receipt of the claims notice (or sooner, if the nature of the asserted claim so required) notify the city of its intent to do so, and the city shall cooperate, at the expense of the company, in the compromise of, or defense against, such asserted claim. If the company elects not to compromise or defend the asserted claim, fails to notify the city of its election as herein provided or contests its obligation to provide indemnification under this agreement, the city may pay, compromise or defend such asserted claim with all r easonable costs and expenses borne by the company. Notwithstanding the foregoing, neither the company nor the city may settle or compromise any claim without the consent of the other party; provided, however, that such consent to settlement or compromise shall not be unreasonably withheld. In any event, the city and the company may participate at their own expense, in the defense of such asserted claim. If the company chooses to defend any asserted claim, the city shall make available to the company any books, records or other documents within its control that are necessary or appropriate for such defense. (Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11-30, § 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-73 from "Company to indemnify city; defense of suits" to "Indemnification and hold harmless." Secs. 46-74—46-92. - Reserved. DIVISION 3. - TERMINATION OF CONTRACT Sec. 46-93. - Forfeiture and terminating of contract. (a) Material breach. In addition to all other rights and powers retained by the city under this article or otherwise, the city reserves the right to declare any resulting contract from this article forfeited and to terminate the contract and all rights and privileges of the company hereunder in the event of a material breach of the terms and conditions hereof. A material breach by company shall include, but shall not be limited to, the following: (1) Fees. Failure to pay the fees set out in section 46-70; (2) Telephone listings. Failure to keep and maintain a local telephone listing and office or answering service that is available by phone without long distance charge during regular business hours for service to the public, and which telephone or offic e shall, at minimum, provide and maintain the following services: a. Coordinate and provide information concerning deposits, payments and accounts to customers and prospective customers; b. Respond to customer and prospective customer questions and iss ues about billings, accounts, deposits and services; c. Coordination with the city with respect to private sector and public works projects and issues related to or affecting the company's operation; and d. Immediate response, upon request, to police, fire and other emergency situations in which the public health and safety requires action with respect to or assistance regarding company's property. (3) Failure to provide service. Failure to materially provide the services provided for in this article; (4) Misrepresentation. Material misrepresentation of fact in the application for or negotiation of any contract resulting from this article; or (5) Conviction. Conviction of any director, officer, employee, or agent of the company of the offense of bribery or fraud connected with or resulting from the award of a contract from this article. (b) Operation information. Material misrepresentation of fact knowingly made to the city with respect to or regarding company's operations, management, revenues, services or reports required pursuant to this article. (c) Economic hardship. Company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. (d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of the company to comply with any material provision of this article or resulting contract within 30 days after written notice from city setting forth the specific provision and noncompliance, said notice to b e mailed to company at its principal place of business by certified mail, return receipt requested, shall be deemed a breach of this article, and the city council, upon notice to company and hearing, may, for good cause declare a contract forfeited and exc lude company from further use of the streets of the city under this article, and the company shall thereupon surrender all rights in and under this article and contract. (1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a), (b), (c), (d), the city shall make a written demand that the company comply with any such provision, rule, order, or determination under or pursuant to this article. If such violation by the company continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the council may take under consideration the issue of termination of the resulting contract from this article. The city shall cause to be served upon company, at least 20 days prior to the date of such a council meeting, a written notice of intent to request such termination and the time and place of the meeting. Notice shall be given of the meeting and issue which the council is to consider. (2) Hearing. The council shall hear and consider the issue, hear any person interested therein, and shall determine whether or not any violation by the company has occurred. (3) Forfeiture. If the council shall determine that the violation by the compan y was the fault of company and within its control, the council may declare the contract forfeited and terminated, or the council may grant to company a period of time for compliance. (Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11-30, § 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-93 from "Forfeiture" to "Forfeiture and terminating of contract." Sec. 46-94. - Transfer, sale or conveyance by company. The company shall not transfer, assign, sell or convey any rights granted under any resulting contract from this article without the prior approval of the city council; provided that this section shall not apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery, containers and buildings by company for the purpose of maintaining and continuing its operation within the city; and provided further that company may, in its sole discretion and upon written notice to the city, transfer, assign, sell or convey their rights under this article to a wholly owned subsidiary of the company or to an affiliated entity that is under common control with company (i.e., has a common parent entity). (Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11-30, § 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-94 from "Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or conveyance by company." Sec. 46-95. - Foreclosure. Upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the company used for and dedicated to providing service pursuant to this article, the company shall notify the city of such fact, and such notification shall by treated as a notification that a change in control of the company has taken place and the provisions of this article governing the consent of the council to such change in control of the company shall apply. Upon the foreclosure or judicial sale, or the l easing of all or a substantial part of the property and assets of the company dedicated to and used for the purposes of providing service pursuant to this article, without the prior approval of the council, the council may, upon hearing and notice, terminate any contract resulting from this article. (Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11-30, § 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-95 from "Foreclosure or judicial sale" to "Foreclosure." Sec. 46-96. - Receivership and bankruptcy. Cancellation option. The council shall have the right to cancel any contract resulting from this article 120 days after the appointment of a receiver or trustee to take over and conduct the business of the company, whether in receivership, reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, unless: (1) Trustee compliance. Within 120 days after his election or appointment, such receiver trustee shall have fully complied with all the provisions of this article and remedied all defaults thereunder; or (2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an agreement, duly-approved by the court having jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by each and every provision of this article granted to the company. (Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11-30, § 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Secs. 46-97—46-115. - Reserved. DIVISION 4. - ADDITIONAL PROVISIONS Sec. 46-116. - Retention of city police powers. The city retains and reserves all of its police powers and the rights, privileges, and immunities that it now has under the law to regulate, patrol and police the streets and public ways within the city, and the granting of any contract as a result of this article shall in no way interfere with the improvements to, or maintenance of, any street, alley or public way, and the rights of the city to use said streets, alleys and public ways. (Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11-30, § 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-117. - Amendments of city ordinances and regulations. The city reserves the right and power, pursuant to its police power, after due notice to company, to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the city, and to impose such additional conditions, that are not inconsistent with the rights granted by this article, upon the company and all persons, firms or entities of the same class as the company, as may be reasonably necessary in the discretion of the city council to preserve and protect the public, health, safety and welfare and/or insure adequate service to the public. (Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11-30, § 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-117 from "Reservation to amend city ordinances and regulations" to "Amendments of city ordinances and regulations." Sec. 46-118. - Taxes. The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are imposed upon the company. Absent an administrative or judicial challenge, or appeal, the failure to pay any such tax, levy or assessment shall be a breach of this article. (Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11-30, § 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-118 from "Payment of taxes required" to "Taxes." Sec. 46-119. - Public necessity. The council hereby finds and declares that the public welfare, convenience and necessity require the service which is to be furnished by the company. (Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11-30, § 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-119 from "Disposal of solid waste deemed public necessity" to "Public necessity." Sec. 46-120. - No suspension of laws. All provisions of the ordinances of the city as now existing or as may be amended from time to time, and all provisions of the statutes of the State of Georgia applicable to general law cities shall be a part of any resulting contract from this article as fully as if the same had been expressly stated herein, and said the city retains and may exercise all of the governmental and police powers and all other rights and powers not directly inconsistent with the terms, conditions and provisions of this article. (Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11-30, § 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-120 from "City ordinances and state law considered part of contract" to "No suspension of laws." Sec. 46-121. - Peaceful employment. From and after the effective date of this article, the city and the company shall be and are hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of this article and any resulting contract and, subject thereto, the company shall collect rates for service, operate and conduct its business and work within the city, and enjoy the benefits and privileges of this artic le during the term hereof. (Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11-30, § 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-121 from "City and company to rely on this chapter" to "Peaceful employment." Sec. 46-122. - Endorsements and records. The city clerk is directed to make endorsements as appropriate over his/her official hand and the seal of the city on the form provided at the conclusion of this article, for the public record and convenience of the citizens, of the date upon which this article is finally passed and adopted. (Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11-30, § 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-123. - Acceptance by company. Within 30 days after the passage of this article, or within 30 days of establishing a business within the corporate city limits, all companies operating a residential or commercial refuse waste service shall file with the city its acceptance of the terms and provisions of this article, and requ est for contract. The acceptance and request for contract shall be in writing on the company's letterhead and provide as follows: City of Milton Attention: City Manager 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 ____________ (the "Company"), acting by and through an officer who is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to operate a refuse and solid waste collection and disposal system within the City as said Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each term, provision and condition of the Ordinance, to accept and to give the benefits provided by the Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a businesslike and reasonable manner and in compliance with the Ordinance. Company: _____ By: _____ Printed Name: _____ Title: _____ (Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 14-12-229, § 5(Exh. A), 12-1-2014; Ord. No. 15-11-263 , § 5(Exh. A), 11-16- 2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-123 from "Written acceptance of company required" to "Acceptance by company." Sec. 46-124. - Decal. Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the company a decal designating the company as an approved Milton hauler in compliance with the City's solid waste ordinance. (Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 27, 2018 FROM: Steven Krokoff, City Manage(:�,) AGENDA ITEM: Consideration to Amend the Milton Tree Canopy Conservation Ordinance to Provide for a Time Extension on the Ability to Use Either Ordinance. MEETING DATE: Monday, December 3, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (.V10 CITY ATTORNEY REVIEW REQUIRED: () YES (ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: /1-16-1 z0►8 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.dtyofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on November 20, 2018 for the December 17, 2018 Regular City Council Meeting Agenda Item: Consideration to Amend the Milton Tree Canopy Conservation Ordinance to Provide for a Time Extension on the Ability to Use Either Ordinance. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The proposed edit to section 60-5.4 of the “Tree Canopy Conservation Ordinance” will extend the time that applicants may apply either the density-based Tree Conservation Ordinance or the canopy-based Tree Conservation Ordinance from December 3, 2018 to July 22, 2019; while staff and a team of stakeholders continue to work on additional edits to the ordinance. The adoption of the Amended Milton Tree Canopy Conservation Ordinance will replace the existing Chapter 60 - “Tree Canopy Conservation Ordinance”, with the Amended “Tree Canopy Conservation Ordinance” of the City code of ordinances. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: N/A Concurrent Review: Steve Krokoff, City Manager. Attachment(s): Tree Canopy Conservation Ordinance Ordinance to Amend the Ordinance STATE OF GEORGIA ORDINANCE ____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 60 -“TREE CANOPY CONSERVATION ORDINANCE” OF THE CITY CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 17, 2018 6:00 p.m. as follows: SECTION 1. That Section 60-5.4 is hereby amended to change December 3, 2018 to July 22, 2019 in the City of Milton Code of Ordinances and 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 17th day of December, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page i Table of Contents ARTICLE I. IN GENERAL .......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Community Forest Vision and Goals ................................................................................................. 1 3. Purpose and Intent ........................................................................................................................... 1 4. Administrator .................................................................................................................................... 2 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 3 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ............................................................................................................................... 10 9. Specimen Trees ............................................................................................................................... 11 10. Heritage Trees ............................................................................................................................. 12 11. City of Milton Tree Species List ................................................................................................... 14 12. City Tree Management ............................................................................................................... 15 13. Hazardous Trees on Private Property ......................................................................................... 15 14. Variances ..................................................................................................................................... 15 15. Appeals ........................................................................................................................................ 16 16. Inspections .................................................................................................................................. 17 17. Enforcement ............................................................................................................................... 18 18. Notice of Violation ...................................................................................................................... 18 19. Stop Work Order ......................................................................................................................... 19 20. Fines and Penalties ..................................................................................................................... 20 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ..........................................20 21. Tree Canopy Management ......................................................................................................... 20 22. Tree Canopy Priorities ................................................................................................................. 20 23. Tree Canopy Cover Requirements .............................................................................................. 21 24. Tree Removal Permit .................................................................................................................. 21 25. Tree Canopy Replacement .......................................................................................................... 24 ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY ....................................26 26. Tree Canopy Management ......................................................................................................... 26 27. Tree Canopy Priorities ................................................................................................................. 26 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page ii 28. Tree Canopy Plan ........................................................................................................................ 26 29. Tree Canopy Cover Requirements .............................................................................................. 30 30. Required Tree Locations ............................................................................................................. 34 31. Topped Trees .............................................................................................................................. 38 32. Minimum Landscape and Maintenance Requirements .............................................................. 38 33. Landscape Performance Bond .................................................................................................... 39 34. Certificate of Occupancy and Final Plat Approval ....................................................................... 40 35. Alternative Compliance ............................................................................................................... 40 36. Tree Canopy Fund ....................................................................................................................... 42 37. Timber Harvesting ....................................................................................................................... 42 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Community Forest Vision and Goals 2.1. The City of Milton’s natural and extensive tree canopy provides significant benefits and irreplaceable value to our quality of life. 2.2. The city is committed to managing its community forest to continually improve the quantity and quality of its vital green infrastructure. 2.3. It is the goal of the city to maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017, and to further achieve an average of 60 percent tree canopy cover across the city by 2033. 2.4. The city aims to measure average tree canopy cover across the city every 5 years using the latest GIS technology and use the results to evaluate the effectiveness of the tree ordinance and other tree management programs and policies in achieving the city’s tree canopy goals. 3. Purpose and Intent 3.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 3.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 2 4. Administrator 4.1. The director of the community development department or his/her designated agent(s) shall be the administrator of the tree ordinance. 4.2. The city arborist shall be the primary agent responsible for the administration of the tree ordinance for the administrator. 4.3. The administrator shall have the authority to waive any provision of this tree ordinance where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. The following factors shall be considered in evaluating the waiver request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the waiver will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the waiver will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 5. Applicability and Exemptions City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 3 5.1. The terms and provision of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a land disturbance permit, building permit, demolition permit, right-of-way encroachment permit or tree removal permit; c. Any activity that requires a certificate of occupancy, minor plat approval, certificate of conceptual plan approval, or final plat approval; and, d. All protected trees. 5.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: a. Removal of trees posing an imminent threat or under emergency conditions; b. Commercial tree nursery and tree farm operations; c. Trees directed to be removed by municipal, county, state or fede ral authorities pursuant to law; and, d. City trees removed or pruned by utility companies as part of routine vegetation management activities, except that all removal and pruning shall be done in accordance with the arboricultural standards set forth in the tree conservation manual. 5.3. A summary of tree ordinance applicability and exemptions is included in the Tree Conservation Manual. 5.4. The applicant may apply the density-based Tree Conservation Ordinance or the canopy-based Tree Conservation Ordinance until December 3July 22, 20198. 6. Tree Conservation Manual 6.1. There is hereby adopted a Tree Conservation Manual that sets forth the required standards and procedures for all activities required by the tree ordinance. 6.2. The tree conservation manual may be modified by the administrator as necessary to reduce outcomes contrary to the purpose and intent of the tree ordinance. 7. Definitions 7.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein, or in the zoning regulations if not defined herein. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 4 7.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Administrator. The Director of the City of Milton Community Development Department. c. Agent, designated or authorized. An individual or entity authorized by the administrator to assist in the administration and enforcement of the tree ordinance for the city; or, an individual or other entity authorized by a property owner to conduct development, construction, or arboricultural activities on their property. d. Agricultural land use. Use of a lot zoned AG-1 that is related to active farming, livestock, or ranching, including using land as pasture , an equestrian estate or horse farm, or in the production of crops, horticultural products, the keeping of livestock, including but not limited to poultry and hoofed animals such as cattle, horses, goats and sheep, for commercial purposes and the construction and maintenance of agricultural accessory buildings. e. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development, or right-of-way encroachment permit for a tree or property, or seeking approval for a tree canopy, tree protec tion, or tree planting and maintenance plan, or seeking approval for a minor subdivision plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy. f. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture (www.isa- arbor.com). g. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. h. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 5 properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. i. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. j. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. k. City. The City of Milton, Georgia. l. City arborist. The agent of the City of Milton assigned by the director of the community development department with the primary responsibilities of administration and enforcement of the tree ordinance. m. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. n. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. o. Construction zone. The first 30 feet of the improved area adjacent to and extending out from buildings and other major structures, and the first 15 feet adjacent to and extending out from driveways, parking lots, other impervious surfaces and sanitary sewer systems (septic tanks and primary drainfields). p. Critical root zone (CRZ). For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of either the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH; for a tree planted within the last 3 years, the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required by the tree, 1.5 feet for every 1 inch in DBH, or the area within the dripline. q. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. r. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 6 s. Developed property. A property on which improvements currently exist and for which a certificate of occupancy has been issued. t. Development permit. A land disturbance permit, building permit, demolition permit, minor plat approval, conceptual plan approval or other permit or approval issued by the community development department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. u. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk. v. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on -site. w. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. x. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 trees with 75 percent tree canopy cover. y. Growing season. March 1 to November 30. z. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. aa. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of irreversible decline, severe insect or disease infestation, severe chlorosis, or other life- threatening conditions. bb. Heritage tree(s). A tree or tree group that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. cc. Improved area. The area within 60 feet of and including the footprint of a building, pool, or other major structure, within 30 fee t of and including a road, driveway, parking area, walkway, patio and other allowable impervious surface, and within 15 feet of and including the footprint of the sanitary sewer system (septic lines, tank and primary drainfield) proposed for a lot. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 7 dd. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. ee. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials. ff. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. gg. Lot. 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. hh. Open soil surface area. The square foot area of the ground surrounding a planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the area required varies by the mature height class of the tree being planted. ii. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. jj. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. kk. Planting season. December 1 to March 1. ll. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. mm. Priority tree. A specimen or heritage tree. nn. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. oo. Protected tree. Any tree growing on city property, any tree 6 inches DBH or greater growing on developed property, any tree conserved or planted to City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 8 meet tree ordinance requirements, any tree 2 inches DBH or greater growing on undeveloped property, any specimen tree, and any heritage tree. pp. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation. qq. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. rr. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. ss. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and specific criteria as set forth in the tree ordinance, as determined by the city arborist. tt. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the tree species list. uu. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. vv. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. ww. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. xx. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 9 disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. yy. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. zz. Tree bank. A site registered with the city on city or private property with at least 8,000 square feet of open space where growing conditions are favorable for the establishment of trees, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. aaa. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. bbb. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. ccc. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. ddd. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the tree species list into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). eee. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule, and used for calculating payments into the tree canopy fund. fff. Tree conservation manual. A supplement to the tree ordinance containing standards and procedures required for tree ordinance compliance. ggg. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the tree City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 10 species list into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). hhh. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. iii. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown. jjj. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. kkk. Tree species list. The City of Milton Tree Species List, which is located in the tree conservation manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. lll. Undeveloped property. A lot on which no improvements currently exist and for which no certificate of occupancy has been issued. mmm. Unhealthy tree. A tree with major structural defects, a live crown ratio less than 30 percent or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as determined by a certified arborist. 8. Protected Trees 8.1. There is hereby established a category of trees that shall be known as protected trees as defined herein. 8.2. Protected trees shall only be removed after the issuance of a tree removal permit or approval of a tree canopy plan. 8.3. Protected trees shall be passively protected throughout their lives as set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 11 9. Specimen Trees 9.1. A tree or tree stand shall be considered specimen if, as determined by the city arborist, it meets all the general criteria and at least one of the specific criteria as set forth herein. 9.2. An individual specimen tree must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant dieback or disfiguration; c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 9.3. An individual specimen tree must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a minimum DBH of 24 inches for a tree in the large height class, 18 inches for a tree in the medium height class, and a minimum DBH of 8 inches for a tree in the small height class; b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches; c. Rare or unusual species, shape or form; or, d. A tree specifically used by a builder, developer or design professional as a focal point in the landscape. 9.4. A specimen tree stand must be primarily composed of healthy trees, with no major insect or disease problems within the stand and must meet at least one of the following specific criteria: a. A relatively mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 12 e. A stand on a lot which is otherwise devoid of trees. 9.5. The city arborist shall make the determination of whether a tree or tree stand meets the criteria for specimen tree designation. 9.6. If removal of a specimen tree is approved, replacement requirements shall be as set forth in Section 25 of the tree ordinance. 9.7. When development is proposed for a lot, individual and stands of specimen trees shall be identified during the site survey process and documented on the tree canopy plan. 9.8. Special consideration shall be made to work around specimen trees and protect them. 9.9. Cost effective options for site, building, utility placement and hardscape and landscape designs that successfully conserve specimen trees are strongly encouraged. 9.10. All specimen trees successfully conserved and protected to meet tree canopy cover requirements shall be given 10 percent additional tree canopy cover credit over the actual or standard credit. 10. Heritage Trees 10.1. A tree or tree group shall be designated as heritage if it meets the criteria set forth herein, as determined by the administrator. 10.2. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. 10.3. Trees may be nominated for heritage tree status by either the tree owner or the city arborist by submitting a heritage tree nomination form to the community development department. 10.4. Within 15 business days after the submittal of a completed nomination form by a property owner to the community development department, the city arborist shall provide the administrator with a recommendation on whether the nominated tree or tree group should be designated as heritage. 10.5. For a tree or tree group to be designated as heritage, it must meet all the general criteria and at least one of the specific criteria set forth herein and as determined by the administrator. 10.6. A heritage tree or tree group must meet all the following general criteria: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 13 a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist. b. Crown size and shape typical of the species without significant defects, dieback or disfiguration. c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area. d. No major insect or disease problems. e. Free from severe mistletoe infestation causing irreversible tree decline. 10.7. A heritage tree or tree group must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission. b. Documented age greater than 75 years old. c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator. d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a Landmark or Historic Tree. e. Documented historical significance. 10.8. When a tree removal permit application is submitted for a potential heritage tree or tree group, the city arborist shall inform the tree owner that the tree or tree group meets the criteria and will be nominated for heritage tree status before the tree removal permit is issued. 10.9. Only those trees listed on a tree removal permit application shall be eligible for heritage tree nomination by the city arborist. 10.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a heritage tree or tree group, the city arborist shall inform the applicant that one or more trees on the lot meets heritage tree criteria and will be nominated for heritage tree status before the tree canopy plan is approved. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 14 10.2. Special consideration shall be made to work around heritage trees and protect them. 10.3. When development is proposed for a lot, heritage trees shall be identified during the site survey process and documented on the tree canopy plan. 10.4. Cost effective options for building, site, hardscape and landscape designs and utility placement that successfully conserve heritage trees are strongly encouraged. 10.5. The city arborist shall maintain a current list of designated heritage trees. 10.6. Heritage tree locations shall be recorded on the city’s GIS system. 10.7. All heritage trees successfully conserved and protected to meet tree canopy cover requirements shall be given 20 percent additional tree canopy cover credit over the actual or standard credit. 11. City of Milton Tree Species List 11.1. There is hereby adopted a City of Milton Tree Species List as set forth in the tree conservation manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 11.2. The tree species list shall also include species not approved for tree conservation or planting to meet requirements that are invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well-suited to regional growing conditions. 11.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the City of Milton Tree Species List. 11.4. A species of tree not on the City of Milton Tree Species List, or not approved for planting in a specific location, may be approved for planting by the city arborist if the species: a. Has a reasonable chance of success in the landscape; b. Is recommended by a certified arborist; c. Is not proposed for planting in large quantities; and, d. Has growth or habit characteristics that fit a specific need for the location. 11.5. Tree species not listed or approved by the city arborist for tree conservation or planting for the purpose of meeting tree canopy cover requirements shall not be eligible for tree canopy cover credit. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 15 12. City Tree Management 12.1. The city shall have the right to manage city trees, including planting, maintaining, pruning and removing trees within the rights-of-way of all city streets, roads, and highways, in parks, around city facilities, and on other city property as may be deemed necessary or desirable to achieve community forest goals. 12.2. It shall be unlawful and a violation of the tree ordinance to damage, destroy or remove any city tree, or engage in any prohibited activity listed in the tree protection standards within the critical root zone of a city tree, without a tree removal permit, right-of-way encroachment permit, or prior approval of the city arborist. 12.3. A tree protection plan submitted by the applicant and approved by the city arborist and a right-of-way encroachment permit issued by the department of public works shall be required prior to the commencement of any activity that is proposed on city property within the critical root zone of a city trees. 13. Hazardous Trees on Private Property 13.1. The city shall provide a written notice to the owner of any tree on private property that is in a hazardous condition and threatens public health, safety and welfare. 13.2. The written notice shall state the type of risk, the mitigation required and the time within which the mitigation shall occur. 13.3. Should the property owner fail to mitigate the risk within the stated time, the city may cause to have the risk mitigated and require the property owner to reimburse the city for the cost of such mitigation. 14. Variances 14.1. A person requesting a variance from the provisions of the tree ordinance shall do so in writing to the director of the community development department . 14.2. All variance requests shall be accompanied by a completed variance request application, a tree canopy plan or other documentation requested by the city arborist and a non-refundable filing fee in the amount set forth in the city’s current fee schedule. 14.3. The city arborist shall provide a recommendation on whether to approve the variance request to the board of zoning appeals. 14.4. The board of zoning appeals shall review the city arborist’s recommendation and decide on whether to approve the variance request. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 16 14.5. The board of zoning appeals may approve a variance to any provision of the tree ordinance where the unique natural features of the lot are such that application of these regulations would create an undue hardship to the property owner, and in other instances where an undue hardship is created for the property owner . 14.6. The following factors shall be considered in evaluating the variance r equest: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 15. Appeals 15.1. Any person aggrieved or adversely affected by any decision of the city arborist relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the director of the community development department for relief or reconsideration. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 17 15.2. Any person aggrieved or adversely affected by any decision of the director of the community development department relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the board of zoning appeals through the director of the community development department. 15.3. Appeals shall only be granted for errors of interpretation. 16. Inspections 16.1. The administrator or his/her agent(s) shall have the authority to conduct inspections as required by the tree ordinance, and periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 16.2. No person shall refuse entry or access to any authorized agent(s) of the city who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. 16.3. The city arborist shall be the primary individual responsible for conducting site inspections and, at a minimum, shall make the following inspections: a. Prior to approval of a tree removal permit, right-of-way encroachment permit, tree canopy plan, tree protection plan, or tree planting and maintenance plan and prior to making a recommendation to the Planning Commission on a tree ordinance variance request for the purpose of assessing site and tree conditions; b. After permit or plan approval and after installation of tree protection measures required and before any land disturbance or right-of-way encroachment occurs to assess compliance with tree protection requirements; c. Prior to the issuance of a certificate of occupancy or final plat approval to assess compliance with the tree canopy plan and all tree ordinance requirements; and, d. One (1) and three (3) years after project completion and issuance of a certificate of occupancy or final plat approval to assess tree health and survival on properties with an approved tree canopy plan. 16.4. Additional site inspections may take place at any time before, during and/or after project completion to monitor compliance with applicable tree ordinance requirements. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 18 16.5. The city arborist shall document each inspection on a site inspection form. 16.6. The city arborist may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photography for assessing ongoing compliance with tree canopy cover requirements, and shall maintain a record of such measurements. 17. Enforcement 17.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree ordinance. 17.2. The administrator or his/her agent(s) shall have the authority to modify, revoke, suspend, or void any development permit, right-of-way encroachment permit or tree removal permit and suspend all work on a property or any portion thereof if a violation occurs until it is determined that the property is in full compliance with the tree ordinance. 18. Notice of Violation 18.1. If, through inspection, it is determined that an applicant, his/her authorized agent(s), or other person or company has engaged in land disturbing or other prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and/or other person or company responsible for the land disturbance or prohibited activity. 18.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 18.3. If the applicant, his/her authorized agent(s), or the person or company otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to a citation and may be subject to a stop work order, fines, and penalties pursuant to sections 19 and 20 of the tree ordinance. 18.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the city’s fee schedule. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 19 19. Stop Work Order 19.1. The administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time that the violation has been remedied to the satisfaction of the city arborist. 19.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the city arborist or city inspector determines that work must be stopped immediately to avoid fu rther damage. 19.3. The stop work order shall: a. Be in writing; b. State specific violations; c. Be given to the applicant, property owner, the authorized agent(s) of either, or the person performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 19.4. Where an emergency exists, a verbal order to stop work by the administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 19.5. The city arborist may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 19.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Land disturbing or tree removal within state water buffer or zoning buffer; b. Land disturbance within the critical root zone of protected trees or removal of trees designated for conservation on an approved tree canopy plan; c. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, d. Improper installation or maintenance of required tree protection measures. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 20 20. Fines and Penalties 20.1. Fines and penalties shall be assessed for citations, according to the following criteria: a. Any person who violates any provisions of the tree ordinance may be fined up to $1,000 per tree; b. Each calendar day a violation exists shall be considered a separate offense; c. There are no maximum limitations to the accrual of fines; d. In the event a city tree is damaged or destroyed, the person responsible may be required to reimburse the city for the appraised tree value; e. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; f. Offenses shall be tried in Milton Municipal Court; g. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, h. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY 21. Tree Canopy Management 21.1. On developed properties, tree canopy cover shall be managed through establishing tree canopy priorities, tree canopy cover requirements and tree removal permitting and replacement requirements. 22. Tree Canopy Priorities 22.1. Priority areas on developed properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages; c. Turf areas; d. Required yards; e. Landscape strips and landscape islands; and, f. Buffers. 22.2. Priority trees for conservation shall be specimen and heritage trees. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 21 23. Tree Canopy Cover Requirements 23.1. The minimum amount of tree canopy cover required on a developed lot, in the absence of further development, shall be the amount existing as of the date of adoption of the tree ordinance. 23.2. When an application for a land disturbance, building or demolition permit for additional improvements to a developed lot that will affect, in any way, the existing tree canopy cover on the lot, or when an application for minor plat approval or conceptual plan approval is submitted for a lot previously developed, the amount of tree canopy cover required shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance, and a tree canopy plan shall be required. 24. Tree Removal Permit 24.1. On a developed lot that is not undergoing further development or improvement, a tree removal permit is required prior to the removal of any protected tree or before any protected tree is irreparably damaged or destroyed, resulting in the need for its removal. 24.2. The removal of a protected tree without a tree removal permit shall constitute a violation of the tree ordinance and may result in a citation and fine for the tree owner and any person involved in cutting, removing or damaging the tree. 24.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the community development department. 24.4. A tree removal permit shall not be required for the removal of city trees by the city or its authorized agent(s). 24.5. A tree removal permit is not required to remove a tree causing imminent threat to people, property or public health, safety and welfare or under emergency conditions. 24.6. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 24.7. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 24.8. The city arborist shall make a site visit to inspect the trees proposed for removal within 10 days of the date of application and prior to approving or denying the tree removal permit application to: a. Verify the information contained in the application; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 22 b. Verify the amount of tree canopy cover proposed for removal; c. Determine replacement requirements; and, d. Evaluate other conditions on the lot that may affect the city arborist’s decision to approve or deny the tree removal permit application. 24.9. A tree removal permit shall be approved if one or more of the following conditions are met, as determined by the city arborist, or a written report from a certified arborist: a. Tree is dead, unhealthy, or invasive; b. Tree is in irreversible decline or at the end of its normal life span; c. Tree is infested with an insect or disease that has compromised the tree’s health and survival, or may harbor an insect or disease organism that threatens surrounding trees; d. Tree is at risk for whole or partial tree failure; e. An unresolvable conflict exists between the tree and overhead utility lines, underground utility lines, utility infrastructure, sidewalks, walkways, other paved surfaces, or an existing structure; f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic sign, or other safety-related clearance; g. Trunk wounds with decay exist that cover greater than 25 percent of the circumference of the trunk; h. Trunk cavity or central column of decay exists that is greater than two-thirds the diameter of the trunk at the point of the cavity; i. Structural defects exist in the scaffold limbs, where defect correction through pruning will result in removal of 50 percent or greater of the tree’s crown; j. Litter originating from the tree creates an unsafe condition or poses a hazard to public health, safety and welfare; or, k. Tree is located such that a desired use on a lot (construction, installation, or expansion of a building, pool, garden, or other site amenities) is not possible without the removal of the tree, except that every effort shall be made to place such structures or amenities where tree removal will not be required. 24.10. A tree removal permit may be approved under other unique conditions or extenuating circumstances by the city arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 23 24.11. Conditions under which protected tree removal is not permitted include but are not limited to: a. Removal of trees in excess of the number of trees necessary for the reasons stated on the permit application; b. Tree health or structural issues have not been confirmed by the city arborist or a certified arborist; c. Tree removal is proposed for the purpose of sign installation, clearance or visibility, excluding traffic, directional, warning or information signs owned by any public or semi-public agency; d. For unwanted production of a normal amount of leaves, fruit, or other organic litter that does not create an unsafe condition or that is not a hazard to public health, safety and welfare; e. To reduce the amount of native tree canopy cover on the lot to install formal, non-native landscaping; f. To substantially increase the amount of turf on the lot without a specific purpose; and, g. To substantially increase the amount of impervious surface on the lot through paving, building construction, or other such impervious feature without an approved tree canopy plan. 24.12. The city arborist will take into consideration the amount of tree canopy cover existing on the lot at the time of application for a tree removal permit, the total square feet of tree canopy cover proposed for removal, and the number of tree removal permits approved for the lot within the last five (5) years. 24.13. When trees are removed on a lot without a tree removal permit under imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone, text or e-mail to the city arborist prior to or immediately after the removal. 24.14. Should the city arborist determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 25 of the tree ordinance. 24.15. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 25. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 24 25. Tree Canopy Replacement 25.1. The square feet of tree canopy cover provided by a protected tree that is approved for removal on a lot shall be replaced if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.2. The square feet of tree canopy cover provided by a protected tree that is topped on a developed commercial or non-residential lot shall be replaced on the lot regardless of whether the lot has the minimum tree canopy cover listed in Table 1. 25.3. Tree canopy replacement shall not be required after the approved removal of a dead, unhealthy, or invasive tree, a tree posing an imminent threat, or a tree removed under emergency conditions. 25.4. Tree canopy replacement shall not be required after the approved removal of trees on a AG-1 zoned lot greater than 3 acres that is intended for agricultural land use or use as an equestrian estate or horse farm as follows: a. A waiver of minimum tree canopy cover requirements shall be assigned to the lot if requested in writing by the property owner. b. If the lot is not used for agricultural use, an equestrian estate, or horse farm within 2 years after the approved removal of trees for such use then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be required on the lot within 1 year after the issuance of a written notice of non-compliance by the city. c. Upon application for a development permit on a lot with a waiver of minimum tree canopy cover requirements: 25.4.c.1. The waiver shall become invalid; 25.4.c.2. Tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance; 25.4.c.3. A tree canopy plan shall be required showing how tree canopy cover requirements will be met on the lot; and, 25.4.c.4. No development permits shall be issued until a tree canopy plan is approved by the city arborist for the lot. 25.5. For specimen tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 20 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 25 25.6. For heritage tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 40 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.7. Protected trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits, including specimen or heritage trees, shall require replacement of no more than one-half of the tree canopy cover approved for removal. 25.8. Replacement trees shall be a minimum of 2-inch caliper for non-specimen and non-heritage protected trees and 4-inch caliper for specimen or heritage trees at the time of planting. 25.9. When a protected tree is removed without a tree removal permit, two (2) times the standard tree canopy cover credit for the species for non-specimen and non- heritage protected trees, and four (4) times the canopy removed or standard tree canopy cover credit, whichever is greater, for specimen trees and eight (8) times the canopy removed or standard tree canopy cover credit, whichever is greater, for heritage trees, shall be replaced on the lot with 4-inch caliper trees regardless of whether the lot meets minimum tree canopy cover requirements. 25.10. For specimen and heritage tree removal and replacement on commercial and non-residential properties, an approved tree planting and maintenance plan as described in Section 27 shall be required prior to the approval of a tree removal permit. 25.11. A tree planting and maintenance plan shall be required for replacement of specimen and heritage trees on developed commercial and non-residential properties; the plan shall be drawn to scale and include the following: a. Location of lot boundaries; b. Trunk location, species, DBH, and actual tree canopy cover of specimen and heritage trees proposed for removal; c. Trunk location, species, caliper, and tree canopy cover credit for replacement trees proposed for planting; d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 26 e. Contact information for the person responsible for monitoring compliance with the tree planting and maintenance plan. 25.12. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the tree conservation manual. 25.13. Alternative compliance for tree replacement, as further described herein, may be recommended by the city arborist and approved by the administrator. 25.14. Replacement trees shall be passively protected throughout their lives. ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY 26. Tree Canopy Management 26.1. On undeveloped properties, tree canopy cover shall be managed through tree canopy cover requirements, and tree conservation and planting to meet those requirements. 27. Tree Canopy Priorities 27.1. Priority areas on undeveloped properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages: c. Parking lots; d. Landscape strips and landscape islands; and, e. Buffers. 27.2. Priority trees for conservation shall be specimen and heritage trees. 28. Tree Canopy Plan 28.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance, building, or demolition permit, minor subdivision plat or conceptual subdivision plan. 28.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 28.3. The tree canopy plan shall be certified by a certified arborist, registered forester or registered landscape architect. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 27 28.4. The tree canopy plan shall include a site survey, a tree protection plan for existing trees that will remain on a lot and a tree planting and maintenance plan for trees to be planted on the lot to meet tree canopy cover requirements, and shall include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, DBH, species of all individually growing trees on the lot, with specimen and heritage trees identified; c. Location of tree groups and forested areas with description of primary species and average DBH; d. Trunk location, species, DBH, location of the critical root zone and square feet of tree canopy cover of individual trees proposed for conservation; e. Trunk location, species, and caliper of all trees proposed for planting; f. Outline of the improved area and construction zone; g. Location of all existing and proposed improvements, including buildings, driveways, walkways, other structures and impervious surfaces, and sanitary sewer systems; h. planting, staking and mulching; i. Location and type of all existing and proposed utilities; j. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; k. Location of equipment washout rea and equipment maintenance area outside of all tree protection zones and tree planting areas. l. Location of ingress and egress points and access roads for vehicles and construction equipment; m. Grade changes, areas of excavation and fill, location of retaining walls, and other changes to the existing grade that may affect the critical root zones of trees proposed for conservation; and, n. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 28.5. The site survey shall be certified by a registered surveyor. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 28 28.6. A tree protection plan shall be required as part of the tree canopy plan when trees are proposed for conservation to meet tree canopy cover requirements and may be a separate plan or a part of the tree canopy plan. 28.7. A tree protection plan shall be required with an application for a right-of-way encroachment permit either related, or unrelated, to development, for any activity on city or private property that will encroach on the critical root zone of a city tree. 28.8. The tree protection plan shall be certified by a certified arborist or registered forester. 28.9. The city arborist shall be responsible for reviewing all tree protection plans and shall determine whether the tree protection plan complies with all applicable tree ordinance requirements. 28.10. For tree protection plans required for right-of-way encroachment permit applications, a tree protection plan review fee shall be required at the time of application in an amount set forth in the city’s fee schedule. 28.11. The tree protection plan shall include the following: a. Map of the lot delineating where disturbance activity will occur; b. Trunk location, species, and DBH of trees to be protected; c. Location of the limits of the critical root zones and tree protection fencing; d. Notations of all methods of tree protection to be used with descriptions of materials to be used; e. Illustrations and construction details for tree protection zone and tree protection fencing; f. Sign and text size, color, composition, and text of signage to be used in identifying the area as a tree protection zone; and, g. Name and contact information for the person responsible for monitoring and maintaining tree protection measures during construction. 28.12. A tree planting and maintenance plan shall be required as part of the tree canopy plan when trees are proposed for planting on a lot to meet tree canopy cover requirements, and for the planting of replacement trees for specimen and heritage trees approved for removal on developed commercial and non- residential properties. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 29 28.13. The tree planting and maintenance plan shall be certified by a certified arborist, registered forester, or registered landscape architect. 28.14. The city arborist shall be responsible for reviewing all tree planting and maintenance plans and shall determine whether the plan complies with all applicable tree ordinance requirements. 28.15. The tree planting and maintenance plan required with the tree canopy plan shall be drawn to scale and shall include the following: a. Location of lot boundaries. b. Trunk location, species, caliper of all trees proposed for planting on the lot to meet tree canopy cover requirements; c. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, d. Contact information for person responsible for monitoring compliance with the tree planting and maintenance plan. 28.16. The tree canopy plan, site survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted 28.17. The city arborist shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan shall be approved, denied, or approved with changes. 28.18. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 28.19. No tree damage or removal, or land disturbance shall take place on an undeveloped lot without an approved tree canopy plan showing how tree canopy cover requirements will be met. 28.20. Conformance with all aspects of an approved tree canopy plan, as determined by the city arborist, shall be required prior to the issuance of a certificate of occupancy or final plat approval. 28.21. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 30 29. Tree Canopy Cover Requirements 29.1. Tree canopy cover shall be required on all undeveloped properties as a condition of development. 29.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing outside of the improved area and within the lot boundaries, or the minimum amount set forth in Table 1, whichever is greater, and shall include trees in required locations as described in Section 29. 29.3. The minimum amount of tree canopy cover required shall be based on the zoning district, and lot size for residential properties, and shall be as set forth in Table 1. Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 60% C-1 50% CBS 50% CS 50% CUP 60% H 30% MHP 60% MIX 40% NUP 60% O-I 40% R-1 60% R-2 60% R-2A 60% R-3 50% R-3A 50% R-4 50% R-4A 50% R5 40% R-5A 40% R-6 40% Suburban A 50% T2 60% T3 50% T4 30% City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 31 Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area T4 - Open 30% T4P 30% T4R 30% T5 10% T5R 10% T6 10% TR 30% Residential lots less than 1 acre, regardless of zoning district 40% Residential lots less than 1/3 acre, regardless of zoning district 20% Residential lots greater than 1.5 acres with documented agricultural land use 0% Residential lots greater than 1.5 acres with 25 percent or less tree canopy cover for 10 years prior to development ½ tree canopy cover requirement for the zoning district Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 15 percent impervious surface cover The requirement for the zoning district less 5 percent Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 10 percent impervious surface cover The requirement for the zoning district less 10 percent 29.4. In subdivision developments, tree canopy cover requirements sh all apply to both the entire development and to each lot within the development. 29.5. Residential lots that are greater than 1.5 acre and have had 25 percent tree canopy cover or less for at least 10 years prior to development shall have their minimum tree canopy cover requirement reduced by one-half, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. 29.6. Residential lots that are 5 acres or greater in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 5 percent (for example, a requirement of 60 percent becomes 55 percent) if they also have less than 15 percent total impervious surface on the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 32 lot, or by 10 percent (i.e., a requirement of 60 percent becomes 50 percent) if they also have less than 10 percent total impervious surface on the lot. 29.7. Residential lots that are greater than 3 acre shall be exempt from minimum tree canopy cover requirements if the proposed use is for an equestrian estate, horse farm or other agricultural land use, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. In such cases, a waiver of minimum tree canopy cover requirements shall be assigned to the lot. If the property is not used for agricultural use, an equestrian estate, or horse farm for any 2-year period after the issuance of a certificate of occupancy, then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be established on the lot within 1 year after issuance of a written notice of non-compliance by the city. 29.8. Recompense for specimen trees approved for removal within the improved area shall be required at 120 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.9. Recompense for heritage trees approved for removal within the improved area shall be required at 140 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.10. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow. a. All healthy trees outside of the improved area shall be conserved and protected from damage during construction. b. Trees outside of the construction zone, but within the remaining improved area, may be conserved for tree canopy cover credit if they can be successfully protected from damage during construction as determined by the city arborist. c. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. d. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations and Section 29 of the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 33 e. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list or otherwise known to be invasive, shall be eligible for tree canopy cover credit. f. Every effort should be made to conserve trees, especially pine trees, in groups or stands as the conservation of a single or few t rees previously growing within a stand will predispose such trees to windthrow. g. Individual trees without overlapping crowns shall be given their actual tree canopy cover or the standard tree canopy cover credit for the species. h. Groups of 4 or less trees with overlapping crowns and less than 2,500 square feet of tree canopy cover shall be given the actual tree canopy cover credit for the group as a whole. i. Forested areas shall be given the actual tree canopy cover credit for the forested area as a whole. j. Individual trees within forested areas shall not individually or separately be given tree canopy cover credit. k. Forested areas shall remain in an undisturbed condition and turf, mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the limits of the forested area. l. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. m. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. n. A tree removal permit is required to remove a protected tree within a forested area. o. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction and passively protected at all times. p. On commercial and other non-residential properties, specimen and heritage trees that have been conserved to satisfy tree canopy cover requirements shall be passively protected throughout their lives. q. Tree canopy cover credit shall be assigned to conserved individual trees and groups of trees as further set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 34 29.11. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the tree species list located in the tree conservation manual. c. Trees planted to meet tree canopy cover requirements shall be passively protected at all times. 30. Required Tree Locations 30.1. Rural Viewsheds a. Where rural viewsheds are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees in a rural viewshed shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. For example, if the rural viewshed has 3,000 square feet of actual tree canopy cover, a bonus of 600 square feet will be added as a bonus for a total credit of 3,600 square feet. c. Individual conserved or planted trees within rural viewsheds shall not be given tree canopy cover credit individually or separately. d. No disturbance of the vegetation, including herbaceous plants, shrubs or vines, is allowed within forested areas conserved for rural viewsheds, except for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria montana var. lobata), or English ivy (Hedera helix) and other invasive species with city arborist approval. e. Trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. 30.2. Road Frontages a. In all new developments, a minimum of 1 street tree per 30 linear feet shall be required along road frontages on private property to provide tree canopy over paved streets, sidewalks, and trails. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 35 b. Street tree requirements may be met with either conserved or planted trees. c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the tree conservation manual. d. Trees of the largest mature height and widest tree canopy size classes that match the available growing space within the road frontage shall be planted. e. Street trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arb orist if the design meets the purpose and intent of the tree ordinance. f. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the city arborist and public works director. 30.3. Parking Lots a. Parking lot landscaping shall conform to requirements in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64- 238 – Parking lot landscaping, and to the requirements set forth herein. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. All parking lots shall be required to have a minimum of 60 percent tree canopy cover. c. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. d. There shall be a minimum of one (1) very wide or wide canopy tree for every 6 parking spaces. e. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. f. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. g. No parking space shall be greater than 60 feet from the trunk of a tree. h. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface and rooting area in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 36 i. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. j. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. k. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the city arborist if the design meets the intent and purpose of the tree ordinance. 30.4. Landscape Strips a. Landscape strips shall be required as set forth in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64-237 – Minimum landscape strips and buffers, zoning regulations and the requirements set forth herein; where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees within required landscape strips shall be provided as follows: 30.4.b.1. In landscape strips 25 feet wide or less, a minimum of one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual , except that closer spacing or clumping may be approved by the city arborist. 30.4.b.3. Clumping is permitted to create a more natural-looking landscape. 30.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 30.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 30.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species list shall not be used to satisfy landscape strip requirements unless City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 37 adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 30.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 30.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance . 30.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 30.4.b.10. Signs within required landscape strips shall be subject to the approval of the department of community development and may only be located in areas of turf or groundcover, and shall not conflict with the growing space designated for trees and shrubs. 30.4.b.11. The deposition of stormwater runoff into drainage swales through landscape strips is not permitted. Exceptions will be considered by the city arborist only if this standard will create an undue hardship to the property owner. Unless approved by the city arborist, the width of a drainage easement through a landscape strip shall not exceed the width of the strip . 30.4.b.12. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence placement within the landscape strip will be determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 30.5. Buffers a. Buffers required pursuant to Chapter 64 – Zoning shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, they must be replanted. b. Required buffers shall remain undisturbed and actively protected for the duration of the permitted use for the site. c. Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings. d. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the tree species list and shall be subject to the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 38 approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the tree species list. e. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. f. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet g. Drainage through buffers is subject to the approval of the administrator. h. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. i. All buffers require a 10-foot improvement setback interior to the buffer. j. No grading is allowed in the improvement setback unless permission is obtained from the administrator. k. Signs are not permitted within required undisturbed buffers. 31. Topped Trees 31.1. Trees that have been topped shall not be eligible for tree canopy cover credit. 31.2. On developed commercial and non-residential properties, the credit previously given to a protected tree as shown on an approved tree canopy plan that is subsequently topped shall be revoked and replacement tree canopy shall be required in an amount equal to the tree canopy credit assigned to the topped tree. 32. Minimum Landscape and Maintenance Requirements 32.1. Prior to the issuance of a certificate of occupancy or final plat approval, minimum landscape requirements shall be met that include the following: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 39 a. All exposed ground on a lot shall be covered with either turf, herbaceous plants, shrubs or trees; b. The planting of English ivy, Chinese privet, kudzu or other invasive species as a ground cover shall be prohibited; c. The critical root zone of all individually growing trees shall be mulched; d. Tree groups not within a forested area shall be mulched as a group; e. Forested areas shall be left undisturbed with the natural leaf litter layer on the surface remaining intact; and, f. Mulching shall conform to the standards set forth in the tree conservation manual. 32.2. After the issuance of a certificate of occupancy or final plat approval, minimum landscape maintenance shall include the requirements that follow. a. Protected trees that are approved for removal shall be replaced pursuant to Section 25. b. Trees required within rural viewsheds, road frontages, landscape islands, landscape strips and buffers shall be maintained in accordance with the standards set forth in the tree conservation manual. c. Trees planted to meet tree ordinance requirements shall be passively protected at all times. 33. Landscape Performance Bond 33.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. 33.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates provided by the applicant. 33.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 33.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 33.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 40 34. Certificate of Occupancy and Final Plat Approval 34.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 34.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 35. Alternative Compliance 35.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the administrator pursuant to the provisions of this section. 35.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. 35.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 35.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 35.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 41 35.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the tree conservation manual. 35.7. The use of the tree bank shall be approved by the administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. 35.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the tree bank site; and, e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 35.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 35.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 35.11. The applicant shall be responsible for the planting of trees off -site in a tree bank. 35.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 35.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 35.14. The removal of trees within a tree bank shall require a tree removal permit. 35.15. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 42 requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 35.16. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 36. Tree Canopy Fund 36.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 36.2. In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; b. Fees for tree-related permits and plans review; and, c. Fines for violation of the tree ordinance. 36.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 37. Timber Harvesting 37.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the community development department before any timber harvesting may commence. 37.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 37.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 37.4. Thinning shall be allowed in all zoning districts and land uses. 37.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 43 37.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operations unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 37.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the tree conservation manual. 37.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 37.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 37.10. Compliance with the soil erosion and sedimentation control ordinance is required. 37.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. Ma TO: FROM: MILTON'll ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 27, 2018 Steven Krokoff, City Manager AGENDA ITEM: City Council clarification that the motion regarding Allegiance Sanitation was to (1) terminate the waste handling contract, (2) make termination effective December 31, 2018, (3) notify the waste hauler of this termination, (4) authorize staff to work with citizens to ensure that any citizens adversely affected are provided reasonable options, if available, and, this motion is further authorization for the City Clerk to (5) place a "*' next to the November 19, 2018 minute entry regarding Allegiance Sanitation with a note cross-referencing to this evening's Council action and clarification. MEETING DATE: Monday, December 3, 2018 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: (4-,fES () NO CITY ATTORNEY REVIEW REQUIRED: (,,J,fES () NO APPROVAL BY CITY ATTORNEY: (JXPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 14 V3I2,- +E' 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on November 26, 2018 for Unfinished Business for the December 3, 2018 Regular City Council Meeting Agenda Item: Consideration of Clarifying Motion Regarding November 19, 2018 Council Meeting Motion for Agenda Item No. 18-316 “Consideration of the Removal of Allegiance Sanitation from the List of Approved Solid Waste Haulers for the City of Milton Due to Non-Compliance with the Ordinance.” ______________________________________________________________________________ Department Recommendation: Request for a clarifying motion related to the motion made at the November 19, 2018 City Council Meeting regarding the decision to terminate the current contract with Allegiance Sanitation, LLC due to non-compliance. Executive Summary: City Council will consider clarification of November 19, 2018’s motion regarding Allegiance Sanitation to (1) terminate the waste handling contract, (2) make termination effective December 31, 2018, (3) notify the waste hauler of this termination, and (4) authorize staff to work with citizens to ensure that any citizens adversely affected are provided reasonable options, if available. Legal Review: Ken Jarrard, Jarrard & Davis (November 20, 2018) Concurrent Review: Steve Krokoff, City Manager E MILTON, r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 27, 2018 FROM: Steven Krokoff, City Manager � AGENDA ITEM: Consideration of a Resolution Approving Crown Castle Fiber, LLC's Application for Utilization of the Public Rights of Way of the City of Milton for Wireless Telecommunication Facilities, as Authorized by Law. MEETING DATE: Monday, December 3, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,XPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES () NO CITY ATTORNEY REVIEW REQUIRED: () YES () NO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info @cityofmiltonga. us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Molly Esswein, Esq. - Jarrard & Davis Date: Submitted on November 29, 2018 for New Business on the December 3, 2018 Regular City Council Meeting. Agenda Item: Consideration of a Resolution Approving Crown Castle Fiber, LLC’s Application for Utilization of the Public Rights of Way of the City of Milton for Wireless Telecommunication Facilities, as Authorized by Law. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: O.C.G.A. § 46-5-1 provides that any telephone company chartered by the Georgia Public Service Commission has the right to construct, maintain, and operate its lines and facilities in a municipality’s public rights of way, provided the telephone company obtains the approval of the municipal authority in charge of such rights of way. O.C.G.A. § 46-5-1 sets forth the approval process, allowing municipalities to require the submission of certain information. Crown Castle Fiber, LLC has provided all required information to the City pursuant to this approval process. Accordingly, the City has 60 calendar days from the receipt of the completed application to approve the application, or the application is deemed approved as a matter of law. Regardless of the approval of this application pursuant to O.C.G.A. § 46-5-1, Crown Castle Fiber, LLC still has to comply with the City’s regulations (including the Telecommunication Ordinance) prior to installing any infrastructure in the rights of way. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Molly Esswein, Esq. - Jarrard & Davis (November 29, 2018) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPROVING CROWN CASTLE FIBER, LLC’S APPLICATION FOR UTILIZATION OF THE PUBLIC RIGHTS OF WAY OF THE CITY OF MILTON FOR WIRELESS TELECOMMUNICATION FACILITIES, AS AUTHORIZED BY LAW WHEREAS, in a letter dated October 30, 2018, Crown Castle Fiber, LLC ("Crown Castle") submitted a formal registration application to the Council of the City of Milton for access to the public rights of way to erect wireless facilities and wireless support structures for the provision of telecommunications services; and WHEREAS, O.C.G.A. § 32-4-92(a)(10) provides that municipalities may grant permits and establish reasonable regulations for the installation and construction of conduits, cables, wires, poles, towers, and other equipment, facilities, or appliances of any utility in, on, along, over, or under any part of its municipal street system lying within its municipal limits; and WHEREAS, the City of Milton has adopted regulations for, inter alia, the installation and construction of wireless telecommunications facilities and wireless support structures in the interest of: (1) protecting residential areas and uses from potential adverse impact of telecommunications facilities; (2) providing adequate personal wireless services to residents of Milton; (3) locating telecommunications towers and antennas in areas where adverse impacts on the community are minimized; (4) encouraging the design and construction of towers and antennas to minimize adverse visual impacts; (5) avoiding potential damage to property caused by wireless communications facilities by insuring that such structures are soundly and carefully designed and constructed; (6) preserving those areas of significant scenic or historic merit; (7) facilitating the implementation of the Existing Tower Map for the City of Milton; (8) promoting and encouraging the joint use of new and existing tower sites among service providers; and (9) enhancing the ability of the providers of wireless communications services to deliver such services to the community effectively and efficiently; and WHEREAS, these regulations are set forth in Chapter 54 of the Ordinances of the City of Milton. Chapter 54 is otherwise known as the Milton Telecommunications Ordinance; WHEREAS, O.C.G.A. § 46-5-1(b)(1) provides that any telephone company that seeks to place lines and facilities in the public roads and highways or rights of way of a municipal authority shall provide to such municipal authority: (1) the name, address, and telephone number of a principal office and local agent of such telephone company; (2) proof of certification from the Georgia Public Service Commission of such telephone company to provide telecommunications services in this state; (3) proof of insurance or self-insurance of such telephone company adequate to defend and cover claims of third parties and of municipal authorities; (4) a description of the telephone company's service area; (5) a description of the services to be provided; (6) an affirmative declaration that the telephone company shall comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the “Georgia Utility Facility Protection Act”; and (7) a statement in bold type at the top of the application as follows: “Pursuant to 2 paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application”; and WHEREAS, the Council finds that those requirements as set forth in O.C.G.A. § 46-5- 1(b)(1) have been met and satisfied and that Crown Castle's application is otherwise complete and in order; and WHEREAS, O.C.G.A. § 46-5-1(a)(1) provides that any telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state with the approval of municipal authorities in charge of such roads, highways, and rights of way; and WHEREAS, Crown Castle has been certified by the Georgia Public Service Commission to provide telecommunications services in this state, such certifications being attached hereto as Exhibit “A” and incorporated herein by reference; WHEREAS, O.C.G.A. 46-5-1(b)(17) provides that if a telephone company receives authorization to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state with the approval of municipal authorities in charge of such roads, highways, and rights of way, the telephone company must still comply with any permitting requirements of said municipality; WHEREAS, the City Council deems and declares it to be in the best interests of the citizens of the City of Milton that the October 30, 2018, application of Crown Castle be approved. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the application of Crown Castle to make use of the public roads, highways and rights of way belonging to and within the City of Milton is hereby deemed in order and complete; BE IT FURTHER RESOLVED, the Council of the City of Milton hereby ordains and resolves that the application of Crown Castle to make use of the public roads, highways and rights of way belonging to and within the City of Milton is hereby approved; BE IT FURTHER RESOLVED that the City of Milton does hereby affirm its entitlement to all benefits under O.C.G.A. 46-5-1(a)(1), et.seq, to include the receipt of Due Compensation as defined by O.C.G.A. § 46-5-1(b)(9) and (11) as a condition of the construction of any telecommunications structures or facilities within the public rights of way of the City of Milton; BE IT FURTHER RESOLVED that, prior to the erection of any wireless facilities or wireless support structures within the rights of way of the City of Milton or otherwise, that Crown Castle shall be required to apply for and receive a permit, to include the requisite Council approval, pursuant to the dictates and requirements of Chapter 54 of the Code of Ordinances of the City of Milton Georgia and any other applicable Milton rules, regulations or ordinances; and BE IT FURTHER RESOLVED that if a permit is secured for erection of any wireless 3 facilities or wireless support structures within the rights of way of the City of Milton, then Crown Castle shall nonetheless be subject to all requirements and obligations set forth in O.C.G.A. §§ 32-6-171 and 32-6-173 and Chapter 54, Section 8 of the Code of Ordinances of the City of Milton Georgia regarding the repair, maintenance, and relocation of said facilities or structures. BE IT SO RESOLVED AND ORDAINED, this ____ day of ______________, 2018, by the Council of the City of Milton, Georgia, the public health, safety and welfare demanding it. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) COMMISSIONERS: LAUREN "BUBBA" McDONALD, CHAIRMAN .- TIM G. ECHOLS -"Y�= CHUCK EATON H. DOUG EVERETT _� " f �°� `~ TRICIA PRIDEMORE ' !:1 DRUM Oeorgia� public , DEBORAH K. FLANNAGAN — -ZXEGWIVE DIRECTOR T# / - /�-/,-2 RE CE McALISTER E SECRETARY (4O4) 656-4501 244 WASHINGTON STREET, SW FAX: (404) 656-2341 [SOUP 282-5813 ATLANTA, GEORGIA 30334-5701 www-psc.state.ua.us DOCKET NO. 41722 �S�G� CERTIFICATE NO. X-1126 IN RE: V5V1 - i`Eation of Lightower Fiber Networks II, LLC for a Certificate of Authority to Construct or Operate Telephone Line, Plant or System. CERTIFICATE OF AUTHORITY TOLL LINES BY THE COMMISSION: Decided: March 6, 2018 On, January 2, 2018, Lightower Fiber Networks II, LLC (hereinafter referred to as the "Company") filed with the Georgia Public Service Commission (hereinafter the "Commission") an application for a Certificate of Authority to provide intrastate intraLATA and interLATA telecommunications service throughout the state of Georgia. By way of background, Georgia was divided into five Local Access and Transport Areas ("LATAs") as a result of certain litigation involving AT&T (formerly known as American Telephone and Telegraph Company) which resulted in what is commonly referred to as the Modified Final Judgement, the consent decree entered by the United States District Court in United States v. American Telephone and Telegraph Company, 552 F. Supp. 131 (D.D.C. 1982), affd sub nam. Maryland v. United States, 103 S. Ct. 1240 (1983). In filing this application, the Company seeks authority to become an intraLATA and interLATA interexchange facilities -based carrier operating within the state of Georgia. The Commission has reviewed the Company's application and will impose the same conditions and restrictions as contained in the Orders issued in Docket Nos. 3439-U (AT&T), 3446-U (MCI), 3451-U (GTE -Sprint), 3458-U (Microtel), 3501-U (SouthernTel), and 3575-U (U.S. Sprint). In Administrative Session on March 6, 2018, the Commission voted to waive public hearing on this matter. After carefully analyzing all evidence of the record in this case, the Commission makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. The Company has filed an application seeking authority to provide state-wide intraLATA and interLATA interexchange facilities -based telecommunications services in the state of Georgia. 2. The Commission has considered the application of the Company for a Certificate of Authority. 3. The state of Georgia has been divided as a consequence of the Modified Final Judgement into five LATAs (local access and transport areas). 4. The Company is a long-distance telecommunications carrier authorized by the Federal Communications Commission ("FCC") to construct and operate interstate telecommunications services. The Company owns facilities and/or leases them from/to other common carriers. The Company's system provides interstate telecommunications services including private line offerings. 5. The Commission finds that the Company has the financial, technical and managerial ability to provide intraLATA and interLATA intrastate telecommunications service for which it is seeking a Certificate of Authority. 6. The Commission finds that the Company will provide private line and non - switched services to business and wholesale customers through a combination of its own facilities and facilities leased from other carriers operating in Georgia. Company will use existing network infrastructure, include fiber optic lines, poles, conduits, ducts and other access methods, where appropriate to provide its services. DOCKET NO. 41722 Certificate No. X-1126 Page 2 of 5 CONCLUSIONS OF LAW Based on the foregoing Findings of Fact, the Commission makes the following Conclusions of Law: lip Pursuant to O.C.G.A. §§ 46-5-163(b), 46-5-41, 46-2-23 and 46-2-25, the Commission has jurisdiction to grant the certificate requested herein and to determine the reasonableness of the rates, charges, classifications and services of the Company. 2. O.C.G.A. § 46-5-43 requires that when an application to acquire or operate a telephone system is received, proper notice of the application shall be given to specifically identified groups and classes of persons. 3. The Commission, pursuant to O.C.G.A. §§ 46-5-41, 46-5-163(b), and 46-5-168, has the authority based upon applicable law to refuse to issue the certificate or to issue it in part or in whole. 4. The Commission further concludes that this certificate authorizes the Company to provide intraLATA and interLATA services throughout the State of Georgia. The Company will be subject to this Commission's decisions on all issues concerning the completion of intraLATA and interLATA calls. The Company is authorized to sell its services and to resell services of other certificated carriers. 5. The Commission further concludes, pursuant to O.C.G.A. §§ 46-2-25.1, 46-2- 25.2 and 46-2-25.3, that all companies providing services between Georgia's LATAs should take certain steps to insure that customers utilizing the services of the companies are not billed for county -wide local calls, 16 -mile toll-free calls, and toll-free calls within 22 miles that both originate and terminate within a given LATA. In the case of companies providing services to other common carriers for resale, the foregoing restriction shall apply to the reselling company. DOCKET NO. 41722 Certificate No. X-1126 Page 3 of 5 WHEREFORE, it is ORDERED, that a Certificate of Authority number X-1126 is hereby granted to Lightower Fiber Network II, LLC to provide intraLATA and interLATA intrastate telecommunications services in Georgia. ORDERED FURTHER, that the Applicant chose not to file a tariff pursuant to O.C.G.A. §46-5-251. ORDERED FURTHER, that if the Company desires to do business in Georgia under any name which does not appear on this certificate, the Company shall submit an application for amendment to its certification stating the name under which it plans to conduct business. ORDERED FURTHER. that the Company shall contribute to the Universal Access Fund as prescribed in Docket No. 5825-U. ORDERED FURTHER, that the Company shall be responsible for ensuring that its employees, agents or designees comply fully with all applicable laws, rules and orders of the Commission relating to safe excavation procedures, including, but not limited to O.C.G.A. § 25-9-1 et sea., the Georgia Utility Facility Protection Act. Violations of such laws, rules, or orders of the Commission by the Company's employees, agents or designees may result in revocation, suspension or other limitation on the Company's certificate of authority and may result in fines assessed on the Company pursuant to O.C.G.A. § 46-2-91. ORDERED FURTHER, that pursuant to O.C.G.A. § 46-5-168(b)(2) the certificate granted herein shall be subject to revocation if the Company fails to notify the Commission of any change in its contact address on file with the Commission, fails to comply with Commission requirements or orders, or violates any applicable law or Commission rule. ORDERED FURTHER, that all statements of fact, law and regulatory policy contained within the preceding sections of this Order be adopted as findings and conclusions of law and conclusion of regulatory policy of the Commission. ORDERED FURTHER, that jurisdiction over this matter is expressly retained for the purpose of entering such further order or orders as this Commission may deem just and proper. ORDERED FURTHER, that any motion for reconsideration and/or, rehearing in this case shall not have the effect of staying this Order of the Commission, except insofar as the Commission may otherwise provide. DOCKET NO. 41722 Certificate No. X-1126 Page 4 of 5 The above by action of the Commission in Administrative Session on March 6, 2018. Y� Reece'NIVIcAlisfer Executive Secretary DATE: J 9 ',.0A -9"4&V% 0 �WQ Lauren "Bubba" McDonald Chairman DATE: DOCKET NO. 41722 Certificate No. X-1126 Page 5 of 5 COMMISSIONERS: LAUREN "BUBBA" McDONALD, CHAIRMAN "` �' z�' _ D913ORAH K. FLANNAGAN TIM G. ECHOLS EXECUTIVE DIRECTOR CHUCK EATON H. DOUG EVERETT `�"' -� ' Ch EECE McALISTER TRICIA PRIDEMORE'' EXECTiVE SECRETARY - MAR 0 7 2018 ENT,_- ) (404) 656-4501 244 WASHINGTON STREET, SW FAX: (404) 656-2341 (800) 282-6813 ATLANTA, GEORGIA 30334-5701 www.psc.state.ga.us INTERIM CERTIFICATE OF AUTHORITY TO PROVIDE COMPETITIVE LOCAL EXCHANGE TELECOMMUNICATION SERVICES IN RE: DOCKET NO. 41721: Application of Lightower Fiber Networks II, LLC for a Certificate of Authority to Resell and Provide Facilities -Based Competitive Local Exchange Services. Certificate No. L-0577 Approved: March 6, 2018 BY THE COMMISSION: Effective: 9-7-/8 I. BACKGROUND On January 2, 2018, Lightower Fiber Networks II, LLC (hereinafter referred to as "the Applicant") filed with the Georgia Public Service Commission (hereinafter referred to as "the Commission") an application for a Certificate of Authority to Provide Competitive Local Exchange Services pursuant to O.C.G.A. § 46-5-163(b). In Administrative Session on March 6, 2018, the Commission voted to waive a public hearing on this matter. The statutory authority governing certificates of authority of the type the Applicant is seeking is found at O.C.G.A. § 46-5-163. This code section provides that a telecommunications company, including a telecommunications services reseller, shall not provide telecommunications services without a certificate of authority issued by the Commission. A certificate may not be issued without adequate proof that the applicant possesses satisfactory financial and technical capability. A showing of public convenience and necessity is not a condition for issuing a competing certificate of authority. In support of its application, the Applicant presented evidence through exhibits and additional materials routinely requested by the Commission Staff. Aftercarefully analyzing all evidence of the record in this case, the Commission makes the following findings of fact Docket No. 41721 Page 1 of 7 and conclusions of law: II. FINDINGS OF FACT 1. TECHNICAL CAPABILITY. The Applicant intends to offer local exchange telecommunications services to business and wholesale customers in Georgia. Applicant has demonstrated adequate technical capabilities to implement its business plan through evidence regarding its management team, technical understanding and customer service plans. 2. FINANCIAL CAPABILITY. The Applicant has demonstrated that it possesses sufficient and adequate financial capability to provide the local exchange telecommunications services forwhich it is seeking a Certificate of Authority. III. CONCLUSIONS OF LAW The Commission Staff certifies the record in this docket to the Commission and issues this recommendation pursuant to O.C.G.A. §§ 46-2-58(d) and 50-13-17(a). Based upon the evidence, the Commission Staff finds that the Applicant has shown that it possesses satisfactory financial and technical capability pursuant to O.C.G.A. § 46-5- 163(h) in order to be granted an interim certificate, consistent with the Commission's guidelines in Docket No. 5778-U for the issuance of interim certificates of authority for the provision of local exchange telecommunication service. Having reviewed the record and considered this case, the Commission finds and concludes that it should adopt the Commission Staffs recommendation as its decision in this docket. WHEREFORE, it is ORDERED, that the above numbered certificate is granted to Lightower Fiber Networks II, LLC, whose principal business address is 80 Central Street, Boxborough, Maine, 01719, to resell and provide facilities -based competitive local exchange telecommunication services. Docket No. 41721 Page 2 of 7 ORDERED FURTHER, that the Applicant is hereby granted authority to provide local exchange telecommunications services in the BellSouth Telecommunications, Inc. d/b/a AT&T Georgia exchanges set forth below: Acworth Cumming Leesburg Savannah Adairsville Cusseta Lithonia Senoia Albany Dallas Loganville Smithville Alpharetta Douglasville Louisville Smyrna Americus Dublin Lula Social Circle Appling Duluth Lumber City Sparks Arlington Eastman Lumpkin Sparta Athens Eatonton Luthersville Stockbridge Atlanta Elberton Lyons Stone Mountain Augusta Fairburn Macon Swainsboro Austell Fayetteville Madison Sylvester Baconton Flowery Branch Marietta Tallapoosa Bainbridge Forsyth McCaysville Temple Barnesville Fort Valley McDonough Tennga Baxley Franklin Millen Thomasville Blackshear Gainesville Monticello Thomson Bogart -Statham Gay Newnan Tifton Bowdon Gibson Newton Tucker Bremen Grantville Norcross Tybee Island Brunswick Greensboro Palmetto Valdosta Buchanan Greenville Panola Vidalia Buford Griffin Pelham Villa Rica Calhoun Hamilton Pine Mountain Wadley Camilla Hampton Pooler Warner Robins Carrollton Harlem Powder Springs Warrenton Cartersville Hazelhurst Richland Watkinsville Cave Spring Hephzibah Rockmart Waycross Cedartown Hogansville Rome Waynesboro Chamblee Jackson Roopville Woodbury Claxton Jekyll Island Rossville Woodstock Clermont Jesup Roswell Wrens Cochran Johnson Corner Royston Wrightsville Colquitt Jonesboro Rutledge Zebulon Columbus Kingston St. Simons Concord LaGrange Island Conyers Lake Park Sandersville - Cordele Lawrenceville Tennille Covington Leary Sardis Docket No. 41721 Page 3of7 ORDERED FURTHER, that the Applicant is hereby granted authority to provide local exchange telecommunications services in the Windstream exchanges set forth below: Abbeville Crawford- Jefferson Perry Adel Lexington Jeffersonville Pineview Alamo Cuthbert Kensington Pitts Alapaha Dalton Layfayette Preston Ashburn Danville Lakeland Quitman Barwick Dahlonega Lake Sinclair Ray City Batesville Danielsville Lavonia Rebecca Berlin Dawson Ludowici Reidsville Big Canoe Dawsonville Lyerly Reynoldsville Blairsville Demorest McRae Rincon Blakely Doerun Manchester Rochelle Bluffton Donalsonville Marshallville Rhine Boston Douglas Maxeys Sasser Braselton Eastanollee Maysville Shellman Broxton Edison Meigs Springfield Buena Vista Ellaville Menlo Screven Byromville Enigma Milan Summerville Byron Fargo Milledgeville Suches Cairo Fitzgerald Monroe St. George Calvary -Reno Folkston Montezuma Sylvania Carlton Ft. Gaines Montrose Toccoa Carnesville Funston Morgan Thomaston Canton Glenville Morven Trion Cedar Springs Gray Moultrie Tunnel Hill Centerville Haddock Mt. City Dillard Unadilla Chatsworth Hahira Mt. Vernon Union Point Clarkesville Helen Nashville Uvalda Clayton Hiawassee Nicholson Villanow Cleveland Homer Noble Warm Springs Cohutta Homerville Norman Park Whigham Colbert Ideal Northside White Plains Collins Ila Ochlocknee Winder Comer Iron City Ocilla Winterville Commerce Irwinville Odum Woodland Coolidge Jacksonville Parrott Yatesville Cornelia Jakin Pavo Young Harris Jasper Pendergrass Docket No. 41721 Page 4 of 7 ORDERED FURTHER, that the Applicant is hereby granted authority to provide local exchange telecommunications services in the Tier II exchanges set forth below: Accucom: Plains West Point Cadwell (Windstream) Vienna Cedar Grove Gordon Nelson -Ball Chester Irwinton Coastal: Ground (TDS): Dexter Toomsboro Hinesville Big Canoe Dudley Keller Marble Hill Rentz Alma: Midway Nelson Alma Richmond Hill Public Service: Nicholls Pembroke: Butler Patterson ComSouth: Ellabell Culloden Hawkinsville Pembroke Geneva Blue Ridge Lizella (TDS): Darien: Pineland: Reynolds Blue Ridge Darien Adrian Roberta Dial Eulonia Bartow Talbotton Lakewood Sapelo Island Cobbtown Davisboro Quincy (TDS): Brantley: Ellijay: Kite Attapulgus Hoboken Ellijay Lexsy Hortense Metter GT Com: Nahunta Frontier Midville Chattahoochee Waynesville Communica- Oak Park tions of Twin City Trenton: Bulloch: Fairmount: Rising Fawn Anderson Fairmount Plant: Trenton Brooklet Ranger Lenox West Brow Clito Omega Nevils Frontier Pearson Ringgold: Portal Communica- Pinehurst Ringgold Stilson tions of Soperton Georgia: Warwick Waverly Hall: Camden (TDS): Register Willacoochee Waverly Hall St. Marys Statesboro Planters: Wilkes: Chickamauga: Glenwood: Dover Crawfordville Chickamauga Glenwood Guyton Lincolnton High Point Hiltonia Metasville Hart: Newington Rayle Citizens: Hartwell South Guyton Tignall Lake Blackshear Washington Leslie Interstate: Progressive: Docket No. 41721 Page 5 of 7 ORDERED FURTHER, that as a condition precedent to the Applicant offering local service that requires interconnection in any of the requested exchanges, the Applicant must enter into an interconnection agreementwith each affected incumbent local exchange company and obtain the formal approval of the Georgia Public Service Commission after said agreement is filed with the agency. ORDERED FURTHER, that the Applicant must comply with O.C.G.A. § 25-9-1 et seq. regarding the practices and procedures that shall be employed when a telecommunications provider or its designee is excavating in the state of Georgia. ORDERED FURTHER, that the Applicant shall be responsible for ensuring its employees, agents or designees comply fully with all applicable laws, rules and orders of the Commission relating to safe excavation procedures, including, but not limited to O.C.G.A § 25-9-1 et seq., the Georgia Utility Facility Protection Act. Violations of such laws, rules, or orders of the Commission by the Applicant's employees, agents or designees may result in revocation, suspension or other limitation on the Applicant's certificate of authority and may result in fines assessed on Applicant pursuant to O.C.G.A § 46-2-91. ORDERED FURTHER, that the Applicant must comply with the Commission's Order or Orders issued in Docket No. 11400-U, Prevention of Damage To Underground Facilities, and applicable law pertaining to Common Ground best practices for excavation damage prevention when excavating in an area in which underground facilities may be located. ORDERED FURTHER, that the Applicant chose not to file a tariff pursuant to O.C.G.A §46-5-251. ORDERED FURTHER, that the Applicant shall contribute to the Universal Access Fund as prescribed in Docket No. 5825-U. ORDERED FURTHER, that pursuant to O.C.G.A. § 46-5-168(b)(2) the certificate granted herein shall be subject to revocation if the Applicant fails to notify the Commission of any change in its contact address on file with the Commission, fails to comply with Commission requirements or Orders, or violates any applicable law or Commission Rule. ORDERED FURTHER, that if the Applicant desires to do business in Georgia under any name which does not appear on this certificate, Applicant shall submit an application for amendment to its certification stating the name under which it plans to conduct business. ORDERED FURTHER, that all statements of fact, law and regulatory policy contained within the preceding sections of this Order be adopted as findings and conclusions of law and conclusions of regulatory policy of the Commission. Docket No. 41721 Page 6 of 7 ORDERED FURTHER, that jurisdiction over this matter is expressly retained for the purpose of entering such further Order or Orders as this Commission may deem just and proper. ORDERED FURTHER, that any motion for reconsideration or rehearing in this case shall not have the effect of staying this Order of Commission, except insofar as the Commission may otherwise provide. BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION, this 6th day of March 2018. C' Reece McAlis er Lauren "Bubba" McDonald Executive Secretary Chairman DATE: 3- 7 -- t o DATE: '13/ 7 1 Docket No. 41721 Page 7 of 7 COMMISSIONERS: c............. LAUREN "BUBBA" MCDONALD, CHAIRMAN p:' :�FILED DE TIM G. ECHOLS EXECUTIVE DIRECTOR t CHUCK EATON H. DOUG EVERETT JUN 2 12018 REECE McALISTER TRICIA PRIDEMORE i"^,' EXECUTIVE SECRETARY EXECUTIVE SECRETARY (404) 656-4501 244 WASHINGTON STREET, S.W. FAX: (404) 656-2341 (800) 282-5813 www.psc.state.ga.us ATLANTA, GEORGIA 30334-57 1 DOCKET# V AMENDMENT TO DOCUMENT 7 ^� INTERIM CERTIFICATE OF AU - " 0� PROVIDE COMPETITIVE LOCAL EXCHANGE TELECOMMUNICATION SERVICES IN RE: DOCKET NO. 41721: Request of Lightower Fiber Networks II, LLC to Amend the Name on Its Certificate of Authority to Provide Competitive Local Exchange Services to Crown Castle Fiber LLC. Certificate No. L-0577 Approved: March 6, 2018 BY THE COMMISSION: Amended: June 19, 2018 Effective: G -;2-/-;10/8 I. BACKGROUND On January 2, 2018, Lightower Fiber Networks II, LLC (hereinafter referred to as "the Company") filed with the Georgia Public Service Commission (hereinafter referred to as "the Commission") an application for a Certificate of Authority to Provide Competitive Local Exchange Services, pursuant to O.C.G.A. Section 46-5-163(b). In Administrative Session on March 6, 2018, the Commission approved the application and issued an interim certificate of authority to provide competitive local exchange services. On May 25, 2018, the Company filed a request to amend the business name on its certificate of authority to Crown Castle Fiber LLC. Docket No.41721 Page 1 of 2 WHEREFORE, it is ORDERED, that certificate of authority number L-0577 to provide competitive local exchange services that was approved on March 6, 2018 is amended to reflect the name change from Lightower Fiber Networks II, LLC to Crown Castle Fiber LLC. ORDERED FURTHER, that all ordering paragraphs as contained in the certificate order approved March 6, 2018, that are not modified by this Order, as well as all amendments and supplements filed in this docket remain in full force and effect. ORDERED FURTHER, that pursuant to O.C.G.A. § 46-5-168(b)(2) the certificate granted herein shall be subject to revocation if the Company fails to notify the Commission of any change in its contact address on file with the Commission, fails to comply with Commission requirements or orders, or violates any applicable law or Commission rule. ORDERED FURTHER, that if the Company desires to do business in Georgia under any name which does not appear on this certificate, the Company shall submit an application for amendment to its certification stating the name under which it plans to conduct business. ORDERED FURTHER, that the Commission reserves the right to issue further orders in this proceeding addressing issues or problems not otherwise addressed or which the Commission deems proper to address. ORDERED FURTHER, that jurisdiction over this matter is expressly retained for the purpose of entering such further Order or Orders as this Commission may deem just and proper. ORDERED FURTHER, that any motion for reconsideration or rehearing in this case shall not have the effect of staying this Order of the Commission, except insofar as the Commission may otherwise provide. BY PRDER OF THE GEORGIA PUBLIC SERVICE COMMISSION, this 19th day of June 2018. Reece McAlister Executive Secretary DATE: e-,2—) ~ � 6 Lauren "Bubba" McDonald Chairman DATE:,/ Docket No.41721 Page 2 of 2 COMMISSIONERS: LAUREN "BUBBA" McDONALD, CHAIRMAN TIM G. ECHOLS CHUCK EATON H. DOUG EVERETT TRICIA PRIDEMORE FILED JUN 21 2018 EXECUTIVE SECRETARY vo.eoxs ra P XYx �exfatxr �C� T-Vn (404) 652-4501 244 WASHINGTON STREET, S.W. (800)282-5813 ATLANTA, GEORGIA 30334-5701 AMENDMENT TO CERTIFICATE OF AUTHORII CONSTRUCT OR OPERATE TELEP PLANT OR SYSTEM DEBORAH K. FLANNAGAN EXECUTIVE DIRECTOR REECE McALISTER EXECUTIVE SECRETARY FAX: (404) 656-2341 www.psc.state.ga.us OnCKry-a )NE LINE. ,,. loc . TE _� ogq IN RE: DOCKET NO. 41722: Application of Lightower It LL to Change the Name on Its Certificate of Authority t7Cons=ruct OrOpera e Telephone Line, Plant or System. Certificate No. X-1126 Approved: March 6, 2018 Amended: June 19, 2018 Effective BY THE COMMISSION (10 -At -x019 On January 2, 2018, Lightower Fiber Networks II, LLC (hereinafter referred to as the "Company") filed with the Georgia Public Service Commission (hereinafter referred to as the "Commission") an application for a Certificate of Authority to Construct or Operate Telephone Line Plant or System pursuant to O.C.G.A. § 46-5-163(b). The application was approved by the Commission on March 19, 2018 and a certificate of authority was issued. On May 25, 2018, Lightower Fiber Networks II, LLC filed with the Commission a request to change the business name on its Certificate of Authority to Crown Castle Fiber LLC. FINDINGS OF FACT AND CONCLUSIONS OF LAW The Company provided a written request for name change on May 25, 2018, which included a copy of the Amended Certificate of Authority with Name Change on file with the Georgia Secretary of State's office. The Commission finds that the request appears to be reasonable and notes there has been no objection to the request. Docket No. 41722 Page 1 of 3 The Commission concludes as a matter of law that it has the authority to modify this certificate pursuant to O.C.G.A. § 46-5-168(b)(2). WHEREFORE, it is ORDERED, that the certificate of authority to construct or operate telephone line, plant or system, certificate number X-1126, that was approved on March 6, 2018 is hereby amended to reflect the name change from Lightower Fiber Networks II, LLC to Crown Castle Fiber LLC. ORDERED FURTHER, that all ordering paragraphs as contained in the certificate order approved March 6, 2018, that are not modified by this Order, as well as all amendments and supplements filed in this docket remain in full force and effect. ORDERED FURTHER, that if the Company desires to do business in Georgia under any name which does not appear on this certificate, Applicant shall submit an application for amendment to its certification stating the name under which it plans to conduct business. ORDERED FURTHER, that the Company shall contribute to the Universal Access Fund pursuant to O.C.G.A. § 46-5-167 and Docket No. 5825-U. ORDERED FURTHER, that the Company must comply with O.C.G.A. § 25-9-1 et seq. regarding the practices and procedures that must be employed when a telecommunications provider or its designee is excavating in the state of Georgia. ORDERED FURTHER, that pursuant to O.C.G.A. § 46-5-168(b)(2) the certificate granted herein shall be subject to revocation if the Company fails to notify the Commission of any change in its contact address on file with the Commission, fails to comply with Commission requirements or orders, or violates any applicable law or Commission rule. ORDERED FURTHER, that all statements of fact, law and regulatory policy contained within the preceding sections of this Order be adopted as findings of facts and conclusions of law, and conclusions of regulatory policy of the Commission. ORDERED FURTHER, that jurisdiction over this matter is expressly retained for the purpose of entering such further Order or Orders as this Commission may deem just and proper. ORDERED FURTHER, that any motion for reconsideration or rehearing in this case Docket No. 41722 Page 2 of 3 shall not have the effect of staying this Order of the Commission, except insofar as the Commission may otherwise provide. BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION, this 19th day of June 2018. 9e��/X Reece McAlister Executive Secretary ,Q DATE: 9 ;2., �l 8 Lauren "Bubba" McDonald Chairman DATE: Docket No. 41722 Page 3 of 3 m MILTON-* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:November 27, 2018 FROM: Steven Krokoff, City Manager (;-�" AGENDA ITEM: Consideration of a Resolution Appointing a Member to the City of Milton's Planning Commission for District 1 /Post 1. MEETING DATE: Monday, December 3, 2018 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 �J'NO CITY ATTORNEY REVIEW REQUIRED: () YES (.41'N0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON PLANNING COMMISSION FOR DISTRICT 1/POST 1. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on December 3. 2018 at 6:00 p.m. as follows: SECTION 1. That _________ (District 1/Post 1) is hereby appointed commencing December 3, 2018 and ending on December 31, 2021; and SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 3rd day of December 2018. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk M10 MILTON*t ESTABLISHED 2006 TO: FROM: AGENDA ITEM MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: November 27, 2018 Steven Krokoff, City Manage Consideration of a Resolution Appointing a Member to the City of Milton Equestrian Committee for District 2/Post 2. Monday, December 3, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (-?<PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,ANO CITY ATTORNEY REVIEW REQUIRED: () YES (40 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: I atil Zoll 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON EQUESTRIAN COMMITTEE FOR DISTRICT 2/POST 2. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on December 3. 2018 at 6:00 p.m. as follows: SECTION 1. That _____________ (District 2 / Post 2) is hereby appointed commencing December 3, 2018 and ending on December 31, 2021; SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 3rd day of December 2018. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk MILTONV ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 28, 2018 FROM: Steven Krokoff, City Managerk-,) AGENDA ITEM: Consideration of a Resolution Appointing a Member to the City of Milton Equestrian Committee for District 1 /Post 1. MEETING DATE: Monday, December 3, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41A'PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (..KN0 CITY ATTORNEY REVIEW REQUIRED: () YES (.kNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: i I-Jb 3) 20 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON EQUESTRIAN COMMITTEE FOR DISTRICT 1/POST 1. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on December 3. 2018 at 6:00 p.m. as follows: SECTION 1. That _____________ (District 1 / Post 1) is hereby appointed commencing December 3, 2018 and ending on December 31, 2021; SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 3rd day of December 2018. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk