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Agenda Packet - CC - 07/23/2018
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 Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, July 23, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Rich Austin, Police Chief 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. 18-201) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 23, 2018 Page 2 of 5 6) CONSENT AGENDA 1. Approval of the July 9, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-202) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending June 2018. (Agenda Item No. 18-203) (Bernadette Harvill, Finance Director) 3. Approval of a Construction Services Agreement between the City of Milton and Ed Castro Landscape, Inc. for City Hall Landscape Improvements. (Agenda Item No. 18-204) (Carter Lucas, Assistant City Manager) 4. Approval of Change Order #2 for the Professional Services Agreement for the Revision of the City’s Tree Preservation Ordinance. (Agenda Item No. 18-205) (Carter Lucas, Assistant City Manager) 5. Approval of a Professional Services Agreement between the City of Milton and Trane U. S. Inc. for Scheduled HVAC Services. (Agenda Item No. 18-206) (Carter Lucas, Assistant City Manager) 7) REPORTS AND PRESENTATIONS 1. Recognition of Tamara Didjurgis’ Service to the City of Milton’s Equestrian Committee. (Councilmember Matt Kunz) 2. Recognition of the City of Milton Citizen’s Government Academy Graduates. (Courtney Spriggs, Community Outreach Manager) 3. Discussion of an Ordinance to Amend Chapter 18, Article IV – Monitored Alarm Systems, Sections 18-68 – 18-93. (Rich Austin, Police Chief) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 23, 2018 Page 3 of 5 8) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 18, Article IV – Monitored Alarm Systems, Sections 18-68 – 18-93. (Agenda Item No. 18-207) (Rich Austin, Police Chief) 2. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. (Agenda Item No. 18-208) (Ken Jarrard, City Attorney) 3. Consideration of an Ordinance to Amend Chapters 48 and 50, Subdivisions of the City Code of Milton. (Agenda Item No. 18-209) (Chapter 50 was discussed at June 11, 2018 City Council Work Session) (Carter Lucas, Assistant City Manager) 4. Consideration of the Amended Milton Tree Canopy Conservation Ordinance. (Agenda Item No. 18-210) (Michele McIntosh-Ross, Principal Planner) 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License to Flippin Two, LLC, d/b/a Flippin Pizza – Milton, 5230 Windward Parkway, Suite105, Milton, Georgia 30004. (Agenda Item No. 18-211) (Bernadette Harvill, Finance Director) 2. Consideration of the Issuance of an Alcohol Beverage License to 888 Sports Group, Inc., d/b/a Mazzy’s Sports Bar & Grill, 13695 Highway 9, Suite106, Milton, Georgia 30004. (Agenda Item No. 18-212) (Bernadette Harvill, Finance Director) 3. Consideration of the Issuance of an Alcohol Beverage License to Milton Wine & Crystal, LLC, d/b/a Milton Wine & Crystal, 12660 Crabapple Road, Suite 110, Milton, Georgia 30004. (Agenda Item No. 18-213) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 23, 2018 Page 4 of 5 PUBLIC HEARING 1. Consideration of a Resolution to Transmit a Draft Capital Improvements Element 2018 Annual Update, Relating to the City’s Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. (Agenda Item No. 18-214) (Discussed at July 9, 2018 Regular City Council Meeting) (Carter Lucas, Assistant City Manager) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. Consideration of a Resolution to Transmit a Draft Capital Improvements Element 2018 Annual Update, Relating to the City’s Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. (Agenda Item No. 18-214) (Discussed at July 9, 2018 Regular City Council Meeting) (Public Hearing at July 23, 2018 Regular City Council Meeting) (Carter Lucas, Assistant City Manager) 2. Consideration of a Resolution to Regulate and Provide for the Calling of a Referendum Election to Determine Whether the City of Milton may Permit the Sale of Alcoholic Beverages by the Drink on Sundays Between 11:00 A.M. and 12:30 P.M.; Requesting the Election Superintendent of the City of Milton to Call an Election; Approving the Form of the Questions on the Ballot and the Notice of Such Election; and For Other Purposes. (Agenda Item No. 18-215) (Ken Jarrard, City Attorney) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Police 3. Finance 4. Information Technology MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 23, 2018 Page 5 of 5 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 18-216) M M I LTO N'11N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: J ly 16, 2018 FROM: Steven Krokoff, City Manage ,1� AGENDA ITEM: Financial Statements and Investment Report for Period 9 - June 2018 MEETING DATE: Monday, July 23, 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 (--,�'NO CITY ATTORNEY REVIEW REQUIRED: () YES (AO APPROVAL BY CITY ATTORNEY. () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: c) 11 L5 ) 2L i4, 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on July 12, 2018 for the July 23, 2018 Regular Council Meeting Agenda Item: Financial Statements and Investment Report for Period 9 – June 2018 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 4.77% over what is anticipated for the ninth period of the fiscal year. Total expenditures to-date are $16,430,124 and are 8.26% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $10,986,357, capital expenditures-to-date total $2,859,494. Please note that beginning in January 2018 the financial statements for capital related funds will now include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 15 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending June 2018 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,757,093 24,252 - 24,252 10,971,326 10,757,093 214,233 Motor Vehicle Tax 502,000 54,220 41,633 12,586 374,679 333,067 41,612 Intangible Tax 220,000 24,057 18,333 5,724 152,227 146,667 5,560 Real Estate Transfer Tax 95,000 8,233 7,917 317 59,594 63,333 (3,739) Franchise Fees 1,972,840 78,759 - 78,759 1,289,066 1,124,980 164,086 Local Option Sales Tax 8,700,000 763,734 725,000 38,734 6,027,742 5,800,000 227,742 Alcohol Beverage Excise Tax 298,000 30,229 24,734 5,495 208,177 197,872 10,305 Business & Occupation Tax 675,000 12,093 - 12,093 773,658 675,000 98,658 Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 43,387 - - - 43,387 43,387 - Penalties & Interest 20,927 3,681 2,901 781 26,631 19,579 7,052 Alcohol Beverage Licenses 149,000 250 - 250 153,183 149,000 4,183 Other Non-Business Permits/Licenses 18,600 3,793 1,233 2,560 26,240 13,746 12,494 Zoning & Land Disturbance Permits 48,350 1,820 4,029 (2,209) 25,918 36,260 (10,342) Building Permits 335,000 46,274 33,500 12,774 289,146 241,200 47,946 Intergovernmental Revenue - 4,622 - 4,622 4,622 - 4,622 Other Charges for Service 493,033 54,222 59,179 (4,956) 464,422 412,423 51,999 Municipal Court Fines 375,000 34,998 31,250 3,748 304,197 281,250 22,947 Interest Earnings 61,000 14,505 83 14,421 86,233 45,750 40,483 Contributions & Donations 12,959 250 - 250 19,298 12,959 6,339 Other Revenue 84,141 4,440 5,248 (808) 103,297 68,274 35,023 Other Financing Sources 326,636 4,700 1,250 3,450 303,496 295,886 7,610 Total Revenues 27,187,966 1,169,131 956,290 212,841 21,706,538 20,717,725 988,813 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 168,869 12,438 14,235 (1,797) 105,689 124,336 (18,648) City Clerk 353,535 13,731 17,132 (3,401) 196,347 301,344 (104,997) City Manager 723,571 50,874 54,120 (3,245) 527,116 537,398 (10,282) General Administration 60,374 5,105 3,259 1,846 42,280 50,582 (8,303) Finance 512,668 26,351 32,890 (6,539) 359,164 405,480 (46,316) Legal 275,000 1,000 - 1,000 177,083 183,333 (6,250) Information Technology 804,167 35,308 59,603 (24,295) 594,498 621,315 (26,816) Human Resources 333,864 19,069 27,019 (7,949) 215,835 254,959 (39,124) Risk Management 258,600 23,505 21,541 1,964 195,099 193,872 1,227 General Government Buildings 197,970 11,798 16,172 (4,374) 112,949 149,376 (36,427) Communications 198,926 8,604 15,369 (6,764) 101,223 148,821 (47,598) Community Outreach & Engagement 119,746 8,282 8,962 (679) 86,845 92,817 (5,972) Municipal Court 422,656 30,030 33,107 (3,076) 299,039 313,384 (14,346) Police 4,751,019 289,585 375,762 (86,176) 3,271,566 3,614,971 (343,405) Fire 6,954,455 460,278 494,842 (34,563) 4,983,794 5,313,847 (330,054) Public Works 2,473,141 154,692 185,558 (30,867) 1,630,851 1,865,854 (235,003) Parks & Recreation 1,397,613 81,619 89,638 (8,019) 945,038 1,085,588 (140,550) Community Development 1,132,903 67,089 85,427 (18,338) 751,162 778,859 (27,697) Economic Development 272,011 8,434 12,643 (4,209) 152,341 193,811 (41,470) Debt Service - Capital Lease Payment 851,712 - - - 852,136 851,712 424 Operating Transfers to Other Funds 1,240,374 137,335 137,335 - 830,070 828,370 1,700 Operating Reserve 76,824 - - - - - - Total expenditures 23,579,998 1,445,129 1,684,612 (239,484)16,430,124 17,910,031 (1,479,906) Net Income/(Loss)3,607,968 (275,998)5,276,414 Fund Balance - Beginning 3,340,647 3,340,647 Fund Balance - Ending 6,948,615 8,617,061 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 15 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Summer Event Vendor Fee -$ 47$ 140$ 140$ Rock for Rescues Vendor Fee - - 300 300 Interest Revenues - 1 6 6 Crabapple Fest Sponsor 15,000 - - (15,000) Earth Day Sponsor 1,000 - - (1,000) Summer Event Sponsor 5,000 1,000 1,000 (4,000) Mayor's Run Sponsor 1,000 - - (1,000) Literary Festival Sponsor 500 - - (500) Donations - - - - Private Entity Contributions - - 6,100 6,100 Gas South Partnership - 84 1,464 1,464 Mayor's Run Reg. Fees - - - - Holiday Card Sales 2,000 - - (2,000) Literary Festival Food Sales - - 380 380 Literary Festival Book & Author Event - - 260 260 Total revenues 24,500$ 1,132$ 9,651$ (14,849)$ EXPENDITURES Current: Special Events 109,588$ 4,200$ 64,826$ 44,762$ Total Expenditures 109,588$ 4,200$ 64,826$ 44,762$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 17,450$ 1,454$ 13,088$ (4,363)$ Transfers in from Hotel/Motel Tax Fund 73,000 6,997$ 51,888 (21,112) Total other financing sources and uses 90,450$ 8,451$ 64,975$ (25,475)$ Net change in fund balances 5,362$ 9,799$ Fund balances - beginning 28,708 28,708 Fund balances - ending 34,070$ 38,507$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 31, 2018 3 of 153 of 15 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Interest Revenue -$ -$ -$ -$ -$ Total revenues -$ -$ -$ -$ -$ EXPENDITURES Current: Economic Development -$ -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ -$ Transfers in from General Fund 50,000 - - - - Net change in fund balances 50,000$ -$ -$ Fund balances - beginning - - - Fund balances - ending 50,000$ -$ -$ City of Milton Economic Development Incentives Bank Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 31, 2018 4 of 154 of 15 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - 11,088 11,088 Interest Revenues/State Funds - 1 15 15 Interest Revenues/Federal Funds - 3 24 24 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 4$ 11,127$ 11,127$ EXPENDITURES Current: Police -$ 8,918$ 25,787$ (25,787)$ Total Expenditures -$ 8,918$ 25,787$ (25,787)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ 1,700$ 1,700$ Total other financing sources and uses -$ -$ 1,700$ 1,700$ Net change in fund balances -$ (12,960)$ Fund balances - beginning 135,981 135,981 Fund balances - ending 135,981$ 123,022$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 31, 2018 5 of 155 of 15 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 930,000$ 39,849$ 525,009$ (404,991)$ Interest Revenue - - - - Total revenues 930,000$ 39,849$ 525,009$ (404,991)$ EXPENDITURES Current: Public Safety 930,000$ 229,109$ 525,009$ 404,991$ Total Expenditures 930,000$ 229,109$ 525,009$ 404,991$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ -$ Fund balances - beginning 0 0 Fund balances - ending 0$ 0$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 31, 2018 6 of 156 of 15 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CDBG Grant - 300 300 300 300 Firehouse Subs Grant - - 19,152 19,152 19,152 Interest Revenues - - 1 1 1 Total revenues -$ 300$ 19,453$ 19,453$ 19,453$ EXPENDITURES Current: Police - - - - - Fire - - 19,152 19,152 19,152 Parks & Recreation - - - - - Total Expenditures -$ -$ 19,152$ 19,152$ 19,152$ Excess of revenues over expenditures - 300 301 301 301 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ - Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances - 301 301 Fund balances - beginning (300) (300) (300) Fund balances - ending (300)$ 1$ 1$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 31, 2018 7 of 157 of 15 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 73,000$ 6,997$ 51,888$ (21,112)$ Total revenues 73,000$ 6,997$ 51,888$ (21,112)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 73,000 6,997 51,888 (21,112) Total other financing sources and uses 73,000$ 6,997$ 51,888$ (21,112)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 31, 2018 8 of 158 of 15 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 105,000$ 105,000$ 604$ 58,682$ 58,682$ (46,318)$ Infrastructure Maint Penalty & Interest - - 69 69 69 69 Sidewalk Replacement Account - - - - - - Paving Fund - - - - - - Traffic Calming - - 9,750 11,750 11,750 11,750 Tree Recompense - - - 1,000 1,000 1,000 Landfill Host Fees 130,000 130,000 - 57,208 57,208 (72,792) HYA Fees - - - - - Interest Revenue - - 11 389 389 389 Realized Gain or Loss on Investments - - - - - - Cell Tower Lease 77,400 77,400 11,516 59,473 59,473 (17,927) Insurance Proceeds/Public Safety - - - - - - Insurance Proceeds/Parks & Rec - - - - - - Insurance Proceeds/Public Works - - - - - - Atlanta HIDTA Stipend - - - - - - Capital Lease Proceeds - - - - - - Total revenues 312,400$ 312,400 21,949$ 188,571$ 188,571$ (123,829)$ EXPENDITURES Capital Outlay City Council 841,348$ 913,348$ -$ 29,140$ 29,292$ 884,057$ General Admin 27,762 13,762 - - - 13,762 General Govt Bldg 2,351,074 724,771 - 45,729 495,565 229,206 Finance - - - - - - IT 49,662 49,662 - 11,239 49,663 (0) Court - - - - - - Police 187,283 37,283 - 29,494 29,494 7,789 Fire 1,324,882 946,874 1,780 246,232 858,125 88,749 Public Works 6,912,477 5,670,959 72,002 1,626,766 3,543,540 2,127,418 Parks & Recreation 3,888,606 1,864,712 6,360 704,676 882,231 982,480 Community Development 782,148 764,986 4,520 166,218 358,561 406,425 Total Capital Outlay 16,365,243$ 10,986,357$ 84,662$ 2,859,494$ 6,246,471$ 4,739,886$ Excess of revenues over expenditures (16,052,843)$ (10,673,957) (62,712)$ (2,670,923)$ (6,057,899)$ (4,863,715)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 9,249,656$ 1,194,174$ 132,686.00$ 796,116.00$ 796,116.00$ (398,058)$ Transfers in from Capital Grant Fund - 838 - 838 838 - Transfer out to General Fund - (272,636) - (272,636) (272,636) - Transfer out to Impact Fee Fund - (1,752,155) - (1,752,155) (1,752,155) - Total other financing sources and uses 9,249,656$ (829,779) 132,686$ (1,227,837)$ (1,227,837)$ (398,058)$ Net change in fund balances (6,803,187)$ (11,503,736) (3,898,760)$ (7,285,736)$ Fund balances - beginning 11,520,372 11,520,372 11,520,372 11,520,372 Fund balances - ending 4,717,185$ 16,636$ 7,621,612$ 4,234,636$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 31, 2018 9 of 159 of 15 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 731,992$ 731,992$ 1,468$ 722,627$ 722,627$ (9,365)$ Personal Property Tax-Current Year - - 124 13,687 13,687 13,687 Public Utility Tax-Current Year - - - 5,836 5,836 5,836 Penalties & Interest - Real Property - - 99 485 485 485 Penalties & Interest - Personal Property - - 0 1 1 1 Intergovernmental Revenues - - - - - - Interest Revenue (Regions)120,000 120,000 28,271 209,446 209,446 89,446 Interest Revenue (SunTrust)- - 1 1 1 1 Bond Proceeds - - - - - - Total revenues 851,992$ 851,992$ 29,963$ 952,084$ 952,084$ 100,092$ EXPENDITURES Capital Outlay Parks & Recreation 25,172,767$ 24,816,445$ -$ 4,521,836$ 4,571,836$ 20,244,609$ Fiscal Agent's Fees (95,541) (0) - - - (0) Issuance Costs (260,781) (0) - - - (0) Bond Principal - - - - - - Bond Interest 731,992 731,992 - 731,991 731,991 1 Total Capital Outlay 25,548,437$ 25,548,437$ -$ 5,253,828$ 5,303,828$ 20,294,609$ Excess of revenues over expenditures (24,696,445)$ (24,696,445)$ 29,963$ (4,301,744)$ (4,351,744)$ 20,394,701$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - - Revenue Bond Proceeds - - - - - - Total other financing sources and uses -$ -$ -$ -$ -$ -$ Net change in fund balances (24,696,445)$ (24,696,445) (4,301,744)$ (4,351,744)$ Fund balances - beginning 25,067,864 25,067,864 25,067,864 25,067,864 Fund balances - ending 371,419$ 371,419$ 20,766,120$ 20,716,120$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 31, 2018 10 of 15 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,185,000$ 559,950$ 4,208,372$ 4,208,372$ (1,976,628) Interest Revenues 191 1,319 1,319 1,319 Realized Gain or Loss (GA Fund 1)1,020 1,020 1,020 1,020 Total revenues 6,185,000$ 561,161$ 4,210,710$ 4,210,710$ (1,974,290)$ EXPENDITURES Capital Outlay Public Works 6,299,071$ 10,335$ 248,876$ 848,561$ 5,450,510 Total Capital Outlay 6,299,071$ 10,335$ 248,876$ 848,561$ 5,450,510$ Excess of revenues over expenditures (114,071)$ 550,826$ 3,961,834$ 3,362,149$ 9,661,220$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Total other financing sources and uses - - - - - Net change in fund balances (114,071)$ 3,961,834$ 3,362,149$ Fund balances - beginning 2,960,061 2,960,061 2,960,061 Fund balances - ending 2,845,990$ 6,921,895$ 6,322,210$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 31, 2018 11 of 1511 of 15 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ -$ 337,650$ 337,650$ (162,350)$ GDOT TAP (Big Creek Greenway)- - - - - - CDBG - - - - - - LMIG Funds 397,791 397,791 - 397,791 397,791 (0) GDOT HPP Funds 3,688,483 3,688,483 - - - (3,688,483) MARTA Grant - - - - - - SR 9 @ Bethany Bend Grant - - - - - - GDOT-Signage/Landscaping 4,062 - - - - - Trail Connection to Big Creek Greenway - - - - - - Interest Revenues - 190 8 131 131 (59) Total revenues 4,590,336$ 4,586,464$ 8$ 735,572$ 735,572$ (3,850,892)$ EXPENDITURES Capital Outlay Public Works 5,714,911$ 5,414,911$ 3,233$ 1,259,439$ 1,351,577$ 4,063,334$ Community Development 4,900 - - - - - Total Capital Outlay 5,719,811$ 5,414,911$ 3,233$ 1,259,439$ 1,351,577$ 4,063,334$ Excess of revenues over expenditures (1,129,475)$ (828,447) (3,225)$ (523,867)$ (616,006)$ 212,442$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 328,750$ 28,750$ 3,194$ 19,167$ 19,167$ (9,583)$ Transfer Out to Capital Projects Fund - (838) - (838) (838) - Budgeted Fund Balance - - - - - -$ Total other financing sources and uses 328,750$ 27,912$ 3,194$ 18,329$ 18,329$ (9,583)$ Net change in fund balances (800,725)$ (800,535)$ (505,538)$ (597,677)$ Fund balances - beginning 800,535 800,535 800,535 800,535 Fund balances - ending (190)$ 0$ 294,997$ 202,858$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 31, 2018 12 of 1512 of 15 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 43,500$ 27,000$ 2,937$ 24,757$ 24,757$ (2,243)$ Law Enforcement Fund 23,000 13,000 1,233 11,334 11,334 (1,666) Fire Fund 130,500 72,500 7,066 64,944 64,944 (7,556) Road Fund 323,000 167,000 8,819 108,795 108,795 (58,205) Park Fund 976,000 650,000 80,796 640,155 640,155 (9,845) Interest Revenues/Admin Fund - - 2 6 6 6 Interest Revenues/Law Enforcement Fund - - 1 3 3 3 Interest Revenues/Fire Fund - - 4 17 17 17 Interest Revenues/Road Fund - - 5 27 27 27 Interest Revenues/Park Fund - - 44 173 173 173 Total revenues 1,496,000$ 929,500$ 100,907$ 850,212$ 850,212$ (79,288)$ EXPENDITURES Admin -$ 44,967$ -$ -$ -$ 44,967$ Police - - - - - - Fire - 165,426 - - - 165,426 Public Works - 341,203 - - 205,425 135,778 Parks & Recreation - 2,103,059 2,746 672,447 672,447 1,430,612 Total Capital Outlay -$ 2,654,654$ 2,746$ 672,447$ 877,872$ 1,776,782$ Excess of revenues over expenditures 1,496,000$ (1,725,154) 98,161$ 177,765$ (27,660)$ 1,697,494$ OTHER FINANCING SOURCES (USES) Transfers in from Capital Projects Fund -$ 1,752,155$ -$ 1,752,155$ 1,752,155$ -$ Transfer Out to General Fund/Admin (43,500) (27,000) - - - 27,000 Transfer Out to Capital Projects Fund/Law Enf (23,000) - - - - - Transfer Out to Capital Projects Fund/Fire (130,500) - - - - - Transfer Out to Capital Projects Fund/Road (323,000) - - - - - Transfer Out to Capital Projects Fund/Park (976,000) - - - - - Total other financing sources and uses (1,496,000)$ 1,725,154$ -$ 1,752,155$ 1,752,155$ 27,000$ Net change in fund balances -$ 0 1,929,920$ 1,724,495$ Fund balances - beginning (0) (0) (0) (0) Fund balances - ending (0)$ 0$ 1,929,920$ 1,724,495$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 31, 2018 13 of 1513 of 15 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ Interest Revenues - - - Contributions & Donations - - - - - Total revenues -$ -$ -$ -$ -$ EXPENDITURES Capital Outlay General Government Buildings -$ 15,000,000$ -$ -$ 15,000,000$ Fire - 2,000,000 - - 2,000,000 Bond Principal - - - - - Bond Interest - - - - - Total Capital Outlay -$ 17,000,000$ -$ -$ 17,000,000$ Excess of revenues over expenditures -$ (17,000,000)$ -$ -$ 17,000,000$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds - 17,000,000 - - (17,000,000) Total other financing sources and uses -$ 17,000,000$ -$ -$ (17,000,000)$ Net change in fund balances -$ - -$ Fund balances - beginning 0 0 0 Fund balances - ending 0$ 0$ 0$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 31, 2018 14 of 1514 of 15 Amount Percent Yield Money Market - Quantum Bank 7,151,461 41%1.39% Money Market - EastWest Bank 4,886,742 28%1.44% GA Fund 1 333,585 2%1.86% GA Fund 1 (TSPLOST)5,001,020 29%1.86% Grand Total Investment Portfolio 17,372,808 100% Current Month YTD Current Month YTD Interest earned 14,359 84,910 1,020 1,020 Budgeted interest 5,000 45,000 - - Variance over/(under)9,359 39,910 1,020 1,020 General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending June 30, 2018 15 of 15 TO: FROM: 't MILTON't ESTABLISHED 2CD6 CITY COUNCIL AGENDA ITEM City Council DATE: July 16, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Ed Castro Landscape, Inc. for City Hall Landscape Improvements. MEETING DATE: Monday, July 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (JIAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,k-S'ES () NO CITY ATTORNEY REVIEW REQUIRED: (4 --"(ES () NO APPROVAL BY CITY ATTORNEY: (�ICPPROVED () NOT APPROVED PLACED ON AGENDA FOR: &-71 s) L`'Ce 2006 Heritage Walk Milton, GA P: 678.242.2500 l F: 678.242.2499 0000 infoQcityofmiltonga.us l www.cityofmiltonga.us 0 To: Honorable Mayor and City Council Members From: Dennis Miller, Facilities Manager Date: Submitted on July 3, 2018 for the July 23, 2018 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Ed Castro Landscape, Inc. for City Hall Landscape Improvements. _____________________________________________________________________________________ Project Description: Provide and install landscape materials per plan at main entrance to City Hall and repair/complete grading and grassing on building side of sidewalk along Heritage Walk. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-1565-541200001 Requisition Total: $ $18,203.36 Vendor DBA: Ed Castro Landscape Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Nature Care $20,666.00 Tri Scapes $21,278.53 Financial Review: Bernadette Harvill, July 5, 2018 Legal Review: Sam VanVolkenburgh, June 11, 2018 Attachment(s): Construction Services Agreement, Ed Castro Landscape, Inc., City Hall Landscape Improvements HOW OF ' M I LTON It ESTASLJ S1 I ED _OCW CONSTRUCTION SERVICES AGREEMENT — SHORT FORM City Hall Landscape Improvements This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 201_ (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 Milton City Council, located at 2006 Heritage Walk (hereinafter referred to as the "City"), and Ed Castro Landscape, Inc., a Georgia Corporation having its principal place of business at 1125 Old Ellis Rd, Roswell, Georgia 30076 (hereinafter referred to as the "Contractor'), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor 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 the Contract Documents (defined below). 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 hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; 13. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, 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: Landscape Improvements to Milton City Hail as described in Exhibit "A" (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work and the warranty described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term; Termination: Contractor 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. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within thirty 30 business days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4, Work Chaitges: An.y changes to. thc Work requiring an increase in the Cow ract Price(defined bciow).s.hat I require a written change order executed by the Cityin accordance w,i.th its purchasingregulations, Seetioti 5, Com ensation and Nlethnd of Pavment: The total amount paid under this Agreement as compensation For Work'.performcd. acid reimbursementfor casts incurred shalt not, in any case, exceed S18,203.36 ("Contrac€Price" ), except as outlined. in Section 4 above. The: compensation For Work performed shalt be based upon a Iunip sutra fee, and Contractor represents that the Co6tract Pricc is sufficiiettt to perform all of the Work set .forth in and contemplated by this AGreentent. Contractor sball take. no calculated risk in the performance OF the Work. Specifically; Contractor agrees that in. ttte event it cannot perform the Work within th6 budgetary Iiinitations.es; tablished without disregarding soLift d principles of. Contractor's industry, Contractor will give written notice thereof immediately to the City.. City agrees to pay Contractor for the Work performed.upon the City's certification that the Work was actually performed in accordance with this.Agreemcnt, No payments will be made for un authorized work. Compensation shall .bo paid to Contractor upon the City's receipt and approval ofinvoicros setting forth itrdetail the Work performed and costs incurred, along with all supporting documents required. by the Catitract. Documents or requested by the City to process the invoice. Contractor may submit one. final invoice upon. completion of the Work, or may submit invoices on. a monthly basis based on the amount of Work perforated. and.the prices far each component of Work extended in Exhibit A. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver arid Release upon Final Payment, .as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. 44-14-366. section G. Covenants of Contractor: A. Ethics Code, Conflict of Interest. Contractor`. agrees that it shall not.engage in. any activity or conduct that would result in a.vioWion of the City of Milton Code of Ethics of any other similar:taw or.regulatioa. Contractor certifies that to. the best- of its knowledge no circumstances exist which will cause a cotiflictof interest in perforining the services required by this Agreement. Contractor and the City acknowledge that.ir is prohibited for any person to offer, give, or agree Io give any Cityemployee or official, or for any City employee brofflcial to solicit, demand, accept, or agree to accept #Toni 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 o f a program requirement or a purchase request,. irifiuettcing the cantent of any specification.or procurement standard, rendering -of advice, investigation, auditing,.or:in any other advisory capacity in any proceeding or application, request. fur ruling, determination, claim or controversy; or other partienlar matter, pertaining to any progratrt requirement or a contractor subcontract, onto any solicitation. or proposal therefor. The .Contractor aitd:the City further acknowledge that it is prohibited for any payment, gratuity;or offer of employment to be made by or on behatf of a sub - consultant under.a contract to the prime Contractor or higher :tier sub -Consultant, or any person associated therewith; as an 'snducement.for the award ofa subcontract or order:. B,. Experti&e _(if Contractor;_Ciry's Reliance onzhe Work. The Contractor acknowledges and agrees:that the Citydoes not undertake .to. approve: or .pass upon matters of e cpertise of the Contractor and that, therefore, the City bears no :responsibility for Contractor's Work. performed under this: Agreement, Tho .Cky will not, and need not; inquire into adequacy; fitness, suitability or correctness of Contractor's performaaice, The. Contractor acknowledges and: agrees that the acceptance or approval of any Work by the City is limited to the functionofdetermining.whetkher there. has.been compliance with what is required to be produced. under tris. Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness; suitability, and correctness of Contractor's Work under .professional and industry standards. C. C_ onlractor's Reliance on ,5ubmisstans h the Com. Coutraetnr must :have timely information and input from the. City in order to. perfornxthe Work required under this Agreement; Contractoris entitled to rely upon information provided by the City; but:. Contractor shall be required to provide immediate written notice. to the Cityif Contractor knows or reasonably should know that any iriformation.proviided:by the City is.erroneouS; inconsistent, or otherwise problematic, D. Contractor's Re reseritative EvEeetin-gs. Uy OL^ , Fy (INSERT NANiE1 shall be .authorind W act. on Contractor's behalf with respect to the Work as. Contractor's designated representative: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractualproblems that may occur during the term of this. Agreement at no additional cost: to City., E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor 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, andlor materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor 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 hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor 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. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the 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'), which may arise from or be the result of a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor 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. Contractor 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, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. I. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "C" and I'D" (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have 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 (Z) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor 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 the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor 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-A2. In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor 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 contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor'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. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK ❑NE 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor 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 those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor 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 1954, as amended, 42 U.S.G. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, 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, Contractor 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. Final Project Documents, Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement: Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents, 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 to be an original, but all of which together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law, Business License, Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq. ). C. 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 calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. 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 to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. E. Agreement Construction and Interpretation; Invalidily of Provisions,• Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. Deletion of portion of Contractor's proposal documents, incorporated into Exhibit `°A", is intended by the Parties for purposes of incorporating those documents into this Agreement. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents 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. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CITY OF MILTON, GEORGIA Signature: Joe Lockwood, Mayor [CITY SEAL] Attest: By: Its: City Clerk Approved as to farm: City Attorney C'1RCLE ONE] Presiden ice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: •yi By: Its: -i ((Assistant) Corporate Se;kjo#Mtj Woration) •` = H y w � CO rn : 41 1C • 4 J. ar a Y L -� U -i40 .: . •yi By: Its: -i ((Assistant) Corporate Se;kjo#Mtj Woration) •` = H y w � CO rn : 41 1C E ►� L,DN SCAPOE Landscape Services Agreement May 10, 2018 Submitted To: Dennis Miller Proposal ID:18whCM029 2006 Heritage Walk Contact: 678-414-7549 Milton, GA 30004 Email: Site Address: City of Milton 2006 Heritage Walk Milton, GA 30004 SCOPF Ed Castro Landscape proposes to provide labor and materials necessary to complete the following work. If additional labor and/ or materials are required or requested, additional fees will apply. General Condition Quantity Units Unit Price Extended Price Description Quantity Units Unit Price Extended Price Project Management 15 HR 65.00 975.00 Mobilliaation 1 LS 1,333.33 1,333.33 Price 2 7 gallon 71.14 $2,308.33 Site Clearing & Grading 11 3 gallon 17.41 191.52 Description Quantity Units Unit Price Extended Price Grading with Bobcat 1.5 day 688.14 1,032 21 Price 15 1 gallon 9.10 $1,032.21 Plants 18 flat 83.12 1,496.23 Description Quantity Units Unit Price Extended Price Pistachia Chinensis 3 2.5" cal 330.51 991.53 Ilex x Nellie R. Stevens 1 6 ht 228.68 228.68 " Camellia S Yuletide 2 7 gallon 97.38 194.75 Viburnum Q Chindo 2 7 gallon 71.14 142.29 Ilex V Nana 11 3 gallon 17.41 191.52 Ilex Cornuta'Needlepoint' 40 3 gallon 17.41 696.43 Rosa x Knock Out 26 3 gallon 24,45 635.76 Dryopteris Erythrosora 15 1 gallon 9.10 136.50 Acarus G Ogon 18 flat 83.12 1,496.23 Seasonal Color 36 flat 47.29 1,702.52 Freight & Handling 1 LS 652.17 652.17 Tree Stake Kit 4 each 15.00 60.01 You created this POE from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) Price $7.128.39 Soil[/Mulch/Boulders Description Quantity Units Unit Price Extended Price Top Soil- Berming Planter Beds 15 cu yds 58.00 870.07 Mulch, Hardwood (bulk) 15 cu yds 54.00 810.02 Boulders 6 ton 404.04 2,424.21 Soil, Top Soil- (Grading Sod area) 17 cu yds 58.00 986.02 Mulch, Hardwood (sloped area) 22 cu yds 54.00 1,188.00 Price $6,278.32 Sod Description Quantity Units Unit Price Extended Price Sod, Fescue (2 -pallets) 1,004 square ft 1.45 1.456.11 Price $1,456.11 Landscape ServicesTotal: $18,203.36 You created this PDF from an application that is not licensed to print to nova PDF printer (http:llwww.novapdf.com) atufe afe..., _ AC 678.947.0385 Preserving Tomorrows Landscape. �'' � =:n n;,NatureCore- Lon dscape ;; I It 74 _• - 1� �. __•- I -_ ... . - - '��. - � � - I �' - -•-- • • Y=om J CNI 11 �r 11��.xa.ewar- 3 . al. 9 Dwarf Yau ah Hol! 2 7 al. yuletide Camellia Z TIa - 3" ca! Pistache Tree 1 67 7` h -t. Nellie R, Stevens 40 3 al. Needle Point Holf 26 3 al. Knock out. Roses 7 al. i Chindo Viburnum 18 ! Fiats Acorus Grass 15 1 al. Autumn Ferris Plant Total. 160 sq.fL Seasonal Color (6) 2-2 '/z` dia. Mlsc +/- z'x ■ Boulders IS cu.yds. Soll for berming of area Labor to relocated salvageable plants (to be used on site) .15 Cu.yds. Brown colored hardwood mulch Mlle. debris removal & cleanup .Review existing Irrigation — any Changes will be proposed at the time of investigation (for new landscape). AICcePted by: Title: "EXHIBIT A" Scope of Work Provide all labor and materials necessary to complete the following work: • Grade and install necessary soil along perimeter adjacent to sidewalk on Heritage Walk to create proper slopes. • Provide and install sod on graded area. Sod to match existing sod type. • Provide and install hardwood mulch in existing planted islands adjacent to graded area. • Remove existing ground cover and shrubs in planted area at main parking lot entrance to City Hall • Provide and install top soil to create raised contours as shown on attached landscape plan ■ Provide and install plant material as shown on attached landscape plan • Provide and install boulders as shown on attached landscape plan ■ Provide and install hardwood mulch as shown on attached landscape plan Warranty: 1. Plant material furnished and installed by Contractor shall be warranted for a period of one (1) year from completion date, unless otherwise noted and agreed upon by both parties. City agrees to notify Contractor in writing at Contractor's place of business, of any plants that died or are dying during the warranty period. Notification by phone will not be acceptable. Failure to submit written claims to Contractor within the warranty period specified herein shall deem a wavier by Purchaser of such claim. 2. Plants existing on the site and transplanted shall not be guaranteed. 3. No guarantee is made as to any existing trees. 4. Any plant(s) damaged through no fault of Contractor (e.g. such as by insufficient watering practices, cold, insects [such as bores in pine trees], fire, dogs, vandalism, etc.) are specifically excluded from the warranty made herein and will not be replaced at Contractor's expense. S. Contractor shall not be responsible for loss or death of plant(s) due to City's failure to properly protect or maintain said plants. 6. Plants shall include and are deemed to mean trees, shrubs. flowers and other foliage but shall not include lawn grass of any type. 7. Lawn grass installation work is only guaranteed as to proper installation practices and not as to final results. City agrees that the Contractor's responsibility for lawn planting ceases upon completion of seeding, sprigging or sodding operation. 8. Plant sizes specified herein are in accordance with U.S.A.S. Standard for Nursery Stock, 1969, sponsored by the American Association of Nurserymen. 9. Except as stated above, City accepts plants "as is" and CONTRACTOR MAKES NO REPRESENTATION OR WARRANTY OF ANY OTHER KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLANTS, WHETHER AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION SET FORTH HEREIN. The purpose of this disclaimer is to limit the Contractor's liability except as agreed to herein. The measure of damage set forth herein is intended to modify and replace those damages available to Purchaser for breach of warranty under the Georgia Uniform Commercial Code and limited recovery to the amount set forth in this Contract. The remedies provided herein are exclusive of all others available to Purchaser. 14. Contractor makes no representation as to the effectiveness of herbicides used and does not warranty final results. 11. [Reserved] 12. All hardscape work is guaranteed for a period of 1 year from completion. 13. Contractor will take proper steps to locate standard utilities and use caution during construction while working near utilities. Additional information about the Work and pricing is set forth in the attached documents. "EXHIBIT B" r.Ilonfff- IA4.14ti r-nrac ACORD— CERTIFICATE OF LIABILITY` INSURANCE DATE I CERTIFICATE MAY BE .ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY. THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS; wi.11I1DDfYYYY) 2618 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.C.ERTIFICATE OF INSURANCE DOES NOT. CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),,AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is: an ADDITIONAL INSURED, the pollcy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions. of the policy, certain policies may require an endorsement, A statement on this certificate does. not.confe.r rights to the CeAlficate holder in lieu of such endcrsement(s). PRODUCER NTACNAME• T LL Regions Insurance. Inc -Atlanta PHONEF 770._274.2910 xyE ------ LIg#0_770-663-8605 12725 Morris Road Extension A ADD Bldg100, Sulte 244 —NASC IRSURER(S) AFFORDING COVERAGE # Alpharetta, GA 30444 [ INSURER A: Selectlre Insurance Company of 125572 INsuRea mmm _ _ INSURER B :red olnay lB:sr... e Com» pony 42376 Ed Castro Landscape Inc. IN SU ranMa-1 In 38970 I Venn Land &Creek LLC ! IuSuRsR D! 1125 Old Ellis Road Roswell, GA 30076-3820 111SURER E: ` INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE. POLICIES OF. INSURANCE LISTED 8ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED: NOTHUITHSTANDiNG ANY REQUIREMENT, TERM OR CONDITION.OF ANYCONTRACTOR OTHER DOCUMENT WITH .RESPECT TO WHICH THIS CERTIFICATE MAY BE .ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY. THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS - SR .._-_...--------------=----�AODLTSUBii;---=----------:.._..-------•-....:."'POLiCYEFF POLICYE7(P.------------- LTR TYPE OF INSURANCE :tNSR •NIVOI POLICY HUMBER MINIDDIYYYYMR91DDlYYY•N'•, LIMITS A Xi COMMER61ALGENERAL LIABILiTY i X i .x i S2174014711.712017I �€ 07/17/2018.EACHOCCURRENCE_ .$1,000,000 _ CL4IFASi1ADE OCCUR ?-DAMAGE7 RE NTE❑ ; PREh l S a occurrence t100,000 $10,000 X PO Ded:1.;000 j r .. .._ _ . __.._ MED EXP LMLry n person} 51,0001000 PERSONAL&ADV INJURY: 52,000,000 GEN'LAGGREGATE LIMIT APPLIES PER; f GENERAL AGGREGATE PRP.- POLICY a JECT ® LOG i PRODUCTS M $20,000 ;00 OTHER: S A AUTOMOBILE LIABILITY I x i X { 527 74014 7/17/2017 : fl711 T12Q1$�COMBINEDSINGLE LIMIT E3 accident} W 1,000.040 2 x ANY AUTO j ? BODILY INJURY(Per person) S I x ALLCWNED ASCHESULEp AUTOS UTOS j s NON -OWNED. i HIREDAUTOS x AUTOS i' POD lLY INJURY (Per acc dent) PROPERTY DAMAGE S �.Y i m. -- S A x UMBRELLA�LIAB r^mR.---• X: OCCUR x. i x `. S2174014 7/17/2017 071171201A EACH OCCURRENCE QIiQ ono �'D_ E%6ESSLIA13 Ell CLAIMS=MADE, (.AGGREGATE $5000000 _...-,....__....�....�..�...._. ED s x RETENT10A.60 h-,..-•.-.-.•-_.._.,_...._.......__.._._......_ S 8. WORKERS COMPENSATION �TWC3650742 0710112017 AER . ;DTH- .071.011201 x i AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETMPARTNEPJEXECUTIVE OFFICERIMEMSER EXCLUDED? N I A I----- 1,_E :L: EACHACCIDENT s1 000 000 ------- i 000,000 IMandatory in NH) .. If yes,. dBscflbe:LtndBr F,L. DISEASE- EA.EMPLOYEEI -%1 -..._ DESCRIPTION OF OPERATIONS {766) W � E.L. DISEASE - POLICY LIMIT 51.000.000 C Pollution Liab MKLV2ENV100693 I 514512018105/051201.` .3000000 DESCRIPTION OF. O P ERATIQNS 1 LOCATIONS 1 VEHICLES (ACDRD 101, Additional Retp arks Schedule, may be attachad if more space Is requited) RE: Milton .City Hall Landscape Project Milton City Hall Milton City Hall SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2006 Heritage Wall[ ACCORDANCE WITH THE POLICY PROVISION$. Alpharetta, GA 34044 f 4 4— Cc} 1988-2.014 ACORD CORPORATION. All rights reserved. ACORD 25 (2614101) :1 .of 1 The ACORD name and logoare registered marks of ACORD #528.31 B471M2831474 SCARR "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-14-91(b)(1) STATE OF " U• COUNTY OF By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-1Q-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 -1D -91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: PIN? 37 Federal Work Authorization User Identification Number _ j- a c o `! Date of Authorization Ed Castro Landscape, Inc. Milton City Hall — Landscape Improvements City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. on 2E , 2D 1 g in J 1 (city), GL(state). Si utho ed Officer or Agent ,i�eA Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE &S DAY OF :Effie , 241_&. NOTARY PUBLIC My Commission Expires: "EXHIBIT D" SUBCONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(3) STATE OF _ COUNTY OF By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Ed Castro Landscape, Inc. on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User identification Number Date of Authorization Name of Subcontractor Milton City Hall — Landscape Improvements City_of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201 NOTARY PUBLIC My Commission Expires: M11-TONIt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 17, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order 42 for the Professional Services Agreement for the Revision of the City's Tree Preservation Ordinance. MEETING DATE: Monday, July 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: F-�APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( �-IES () NO CITY ATTORNEY REVIEW REQUIRED: (,V%ES () NO APPROVAL BY CITY ATTORNEY: (�41`PROVED (J NOT APPROVED PLACED ON AGENDA FOR: C-0 z, l 7C A 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: Michele McIntosh-Ross, Principal Planner Date: Submitted on July 17, 2018 for the July 23, 2018 Regular City Council Meeting Agenda Item: Approval of Change Order #2 for the Professional Services Agreement for the Revision of the City’s Tree Preservation Ordinance. _____________________________________________________________________________________ Project Description: This Professional Services agreement with Constance P. Head Technical Forestry Services as amended February 21, 2018 is being amended with Change Order #2 to allow the billing of additional hours worked in editing the tree canopy conservation ordinance after it was adopted on February 5, 2018. The additional hours billed will exceed the “maximum contract price” from the Change Order #1 (dated February 21, 2018) by $8,000. Therefore, Section III (B) of the Agreement will be amended by replacing the amended maximum price noted in the change order #1 “…$30,312.50...” with “…$38,312.50…” Also, the amended contract expiration date from Change Order #1 will be changed from February 6, 2018 to December 3, 2018. The funding for this item will be accounted for in a budget amendment. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 300-7410-521200001 Requisition Total: $8,000.00 Vendor DBA: Constance P. Head Technical Forestry Services Financial Review: Bernadette Harvill, July 17, 2018 Legal Review: Sam VanVolkenburgh (Jarrard & Davis), July 16, 2018 Concurrent Review: Steve Krokoff, City Manager Bernadette Harvill, Finance Director Attachment(s): Change Order #2 Agreement 1 CHANGE ORDER #2 FOR PROFESSIONAL SERVICES AGREEMENT REVISION OF THE TREE PRESERVATION ORDINANCE WHEREAS, the City of Milton, and Constance P. Head d/b/a Technical Forestry Services (“Consultant”) have entered into a Professional Service Agreement (the “Agreement”) dated October 17, 2016, as amended by Change Order #1 dated February 21, 2018, incorporated herein by reference; and WHEREAS, the parties desire to issue a second change order pursuant to Section II of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section I (D) of the Agreement is amended by replacing “…February 6, 2018…” with “…December 3, 2018…”. 2. Section III (B) of the Agreement is amended by replacing “…$30,312.50…” with “…$38,312.50…”. 3. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized offices as of the day and year set forth next to each signature. City of Milton ________________________________ Mayor ________________________________ Date Attest: ________________________________ City Clerk _____________________________________ City Attorney Approval as to Form _____________________________________ Date [City Seal] Constance P. Head Technical Forestry Services Signature: ___________________________ Printed Name: _______________________ Title: _________________________________ Date: _______________________________ MILTONI'llp ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 19, 2018 FROM: Steven Krokoff, City Manager 9 AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Trane U. S. Inc. for Scheduled HVAC Services. MEETING DATE: Monday, July 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.4S'ES () NO CITY ATTORNEY REVIEW REQUIRED: („ IYES () NO APPROVAL BY CITY ATTORNEY: (1 PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0173)'-"—b 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info @cityofmiltonga. us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Dennis Miller, Facilities Manager Date: Submitted on July 19, 2018 for the July 23, 2018 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Trane U. S. Inc. for Scheduled HVAC Services. _____________________________________________________________________________________ Project Description: HVAC maintenance and repair contract for seven facilities currently owned by the City that contain applicable HVAC equipment. This contract was procured through competitive means by the purchasing division of the national co-op U.S. Communities. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: Various (Fire, Parks and Recreation, Public Works) Requisition Total: $21,548.00 Vendor DBA: Trane U.S. Inc. Financial Review: Bernadette Harvill, July 19, 2018 Legal Review: Sam VanVolkenburgh, May 22, 2018 Attachment(s): Trane Scheduled Service Agreement 7RWE 1 Trane Office Company Name Trane U.S. Inc. City of Milton 4000 DEKALB TECHNOLOGY 2006 Heritage Walk PARKWAY Milton. GA 30004 U.S.A. SUITE 100 Dennis Miller DORAVILLE, GA 30340 Trane Representative Site Addresses: Brett Tortorici %Iton City Hali 2005 Cell: (470) 226-4042 Heritage Walk Email: brett.tortorici@trane.com MILTON, GA 30004 US Communities Contract #: 15-JLP-023 -Bell Memorial Park -Bethwell Community Center Service Agreement Number -Fire Stations. 41, 42, 43 2442082 -Senior Center Contact Telephone Number for Service +;404} 321-7500 May 15, 2018 PAW F- = TRME 1*ErS GO BEYOND TM EXECUTIVE SUMMARY This Scheduled Service Agreement from Trane offers an exclusive approach to planned maintenance: It is grounded in worldwide expertise- Delivered locally by our own factory trained technicians. And provided according to your needs - Under this service agreement, you will hand off the responsibilities for planning, scheduling and managing routine maintenance to Trane. You will have a team of true professionals keeping your HVAC equipment running efficiently and reliability. As an HVAC service provider, Trane offers many advantages: ■ Confidence that your HVAC equipment is being cared for according to OEM best practices for both frequency and procedures ■ Priority service, available 24 -hours a day, giving your facility precedence during urgent situations Advanced diagnostic technologies, allowing our technicians to analyze system performance more comprehensively, so they can identify and correct a broader set of conditions Protect your bottom line. Proper maintenance can save an estimated 12 to 18 percent of your budget compared to a run -to -fall approach- This service agreement will help you capture those savings. (FEMP) O&M Guide 2010 Trane procedures for handling refrigerant are compliant with federal and state regulations. THE WARRANTY PERIOD All Trane technicians follow documented processes ensuring uniform service delivery When it comes to service effectiveness, experience matters. No other provider has more experience than Trane. Trane incident rates (OSHA) are consistently 50 to 70 percent below industry averages. • 100+ years of system and equipment experience ■ 35+ years in building automation systems {SAS} • 20+ years in energy services You will have a consistent group of Trane employees dedicated to your account - During the Trane Limited Equipment Warranty period, service interactions give your Trane team additional sightlines into equipment performance. Equipment anomalies are more likely to be detected, and resolved, within the warranty period. Any warranty issues found during routine maintenance or service tails will be reported to you immediately. ADDITIONAL SUPPORT Trane offers a wide range of maintenance and repair services beyond the scope of this service agreement. Ask your Trane representative for details. Milton City Hall - Sched Maint 3-18 Proposal ID: 2442082 Ph TMME FT'S GO BEYONDTM SCOPE OF SERVICES - STANDARD INCLUSIONS ANY HVAC SYSTEM IS ONLY AS STRONG AS ITS INDIVIDUAL MECHANICAL COMPONENTS This service agreement with Trane protects and enhances full system functionality by ensuring that components are well maintained and functioning to DEM standards. And it is tailored to your needs. The following are the standard inclusions of your service agreement: Factory authorized Trane service technicians perform all periodic maintenance, following CEM standards, to keep HVAC and BAS equipment running optimally and prevent unplanned downtime. Trane assumes all responsibilities for planning, scheduling and managing routine maintenance on Trane HVAC equipment and other brands. Advantages: • Trust one assigned maintenance team for all HVAC equipment brands • Receive consistent service outcomes through proprietary Six Sigma maintenance procedures • Save money compared to ad-hoc service calls Implementation: • Technician visits are scheduled in advance • Service is completed during normal business hours • Basic supplies, such as grease, cleaning solvents and wiping cloths, are included in the annual fee HOME OF '7HEBEST QUALITY OF LIFE IN GEORGIA' M I LTON11t [STA[iLIS11ED 2006 02018 Trane. Ail rights reserved. Confidential and proprietary information of Trane U -S. Inc. Page 3 of 19 Milton City Hall - Sched Maint 3-18 Proposal ID: 2442882 �W � I TRANE Err GO BEYONDw US Environmental Protection Agency (EPA) has placed in effect more stringent regulations on refrigerant management and reporting in 2817. Section 608 of the Clean Air Act prohibits the knowing release of refrigerant during the maintenance, service, repair, or disposal of air-conditioning and refrigeration equipment. The EPA requires proper refrigerant management practices by owners and operators of refrigeration and air-conditioning systems, all servicing technicians and others. The Clean AirAct requires owners to maintain records of refrigerant usage and leak rates for each air-conditioning or refrigeration appliance with refrigerant charge greater than 50 lbs. and for disposal of units between s and s01bs. of refrigerant These records must be maintained for 3 years and be directly accessible if audited by the EPA. This brief summary of Section 608 of the Clean Air Act is provided for informational purposes only and is not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to the application of Section 608 of the Clean Air Act to your business. Trane Technicians are Universally certified (the highest level possible) to service, manage, and document your refrigerant and are knowledgeable of applicable law and time constrains to repair leaks. Trane Technicians track all refrigerant in all equipment serviced regardless of appliance size. When a customer has all their refrigerant work performed by a Trane technician - Trane Refrigerant Management software maintains complete record of refrigerant transactions and appliance leak rates. Refrigerant reports provided by Trane will contain the information to satisfy EPA record keeping requirements. Advantages: • Real time reporting of refrigerant leak rate informs proactive decisions • Stay in compliance with state and federal regulations • Provide acceptable documentation to authorities during audits • Maintain company environmental standards ■ Detect potential refrigerant leaks before equipment damage occurs Implementation: • Technicians collect refrigerant information for covered equipment during onsite visits • Refrigerant data and technician activity are entered into the Trane Refrigerant Management System • Refrigerant Usage Reports are generated according to your needs 02018 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 4 of 19 Milton City Hall - Sched Maint 3-18 Proposal ID: 2442082 � I TRANS Er5 co s EYoN oT" HVAC EQUIPMENT COVERAGE - SEMI ANNUAL Milton City Hall The following "Covered Eauioment" will be serviced at Milton City► Hall - E ui ment 10ty IManufacturer I Model Number I Serial Number I Asset Ta Fans — Daiken Cassettes 172 1 Daikin VRF Condensers 1 Daikin uescrlption Quantity Per Term Operating Inspection. (Service 5) 3 Operating Inspection. (Service 6) 3 Equipment q Manufacturer Model Number Serial Number Asset Ta VRF Condensers 1 Daikin VRF Condensers 1 Daikin VRF Condensers 1 Daikin uescription Quantity Per Term VRF Condensers Annual (Service 8) 3 VRF Condensers Semi -Annual (Service 9) 3 Equipment Qt Manufacturer I Model Number I Serial Number I Asset Taig AHU 1 jDaikin Comm Bld AHU-1-1 vescrnptlon Quantity Per Term Annual Seasonal Maintenance AHU. (Service 1) 3 Operating Inspection AHU. (Service 3) 3 E ui ment qty Manufacturer Model Number Serial Number Asset Ta Condenser 1 Addison CU 1-2 Energy Recovery 1 Daikin Cu 1-1 Condenser 1 Daikin Comm Bldg CU 1-1 Condenser 1 Liebert CU 2-1 uescnptlon Quantity Per Term Condenser Annual (Service 8) 3 Condenser Semi -Annual (Service 11) 3 E ui men( lQtyManufacturer IModel Number ISerial Number Asset Ta PIU Box 11 jDaikin jComm Bldg Description Quantity Per Term Annual Seasonal Maintenance. (Service 2) Operating Inspection. (Service 4) 3 3 E ui ment Oty Manufacturer Model Number Serial Number Asset Ta AHU 1 Addison OAHU -1 AHU 1 Daikin AHU 1-1 AHU 1 Liebert AHU 2-1 uescnpuvn Air Handler Cooling Pre -Season Annual Maintenance (Service 7) Split System Air Handler Semi -Annual Maintenance (Service 10) Quantity Per Term 3 3 CITY HALL ANNUAL PRICE - $10,989.00 SS Hours x $117.50 = $10,34011$849 Truck Trips & Materials 02018 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 5 of 19 Milton City Hall - Sched Maint 3-18 Proposal ID: 2442082 `"__ - I TRAHE Ers co BEYOND TM y rpK6 r Bell Memorial Park Equipment Q Manufacturer Model Number Serial Number Asset Ta Wall Unit 1 Amana PTH123G 1509148921 SupplyGarage Mini -Split Condenser 1 Samsung AJ024JCJ ODNOPAFG200199R Concession Fan Coil 1 Samsung AJO12JNADCH Concession Fan Coil 1 Samsung AJO12JNADCH Concession Description Mini Split + FCU/Wall Unit Annual (Service 8) Mini Split + FCU/ Wail Unit Semi -Annual (Service 9) Quantity Per Term 3 3 BELL MEMORIAL PARK ANNUAL PRICE - $979.00 8 Hours x $117.50 = $940 11$39 Truck Trips & Materials Bethwell Community Center Equipment Qt Manufacturer Model Number Seriai Number jAssetTaq Condenser 1 Goodman GSZ130601AC 1102092967 Behind Bld 5 lit AHU 1 lAttic Description Air Handler Cooling Pre -Season Annual Maintenance (Service 7) Split System Air Handier Semi -Annual Maintenance (Service 10) Description Condenser Annua I (Service 8) Condenser Semi -Annual (Service 11) BETHWELL COMMUNITY CENTER ANNUAL PRICE - $769.00 Trips & Materials Quantity Per Term 3 3 Quantity Per Term 3 3 6.25 Hours x $117.50 = $73411 $35 Truck ©2018 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 6 of 19 Milton City Hall - Sched Maint 3-18 Proposal 1 D: 2442082 r TRAWE Err GG BEYOND'" o it r Fire Station 41 Equipment Qty Manufacturer Model Number Serial Number Asset Ta Condenser 1 Bryant CNPVT4821AT 2311X22544 CU -1 Condenser 1 Carrier CU -2 Condenser 1 Carrier CU -3 S lit AHU 1 Bryant AHU-1 5 lit AHU 1 Carrier ICNRVT3617A 12507X31124 AHU-2 Split AHU 1 Carrier ICNRVT3617A 12507X31126 AHU-3 Description Quantity Per Term Air Handler Cooling Pre -Season Annual Maintenance (Service 7) 3 Split System Air Handler Sam i -Annual Maintenance (Service 10) 3 Description Quantity Per Term Condenser Annual (Service 8) 3 Condenser Semi -Annual (Service 11) 3 FIRE STATION 41 ANNUAL PRICE - $1,960.00 16 Hours x $117.50 = $1,88011$80 Truck Trips & Materials Fire Station 42 ui ment Qty Manufacturer Model Number Serial Number Asset Ta ;ondenser 1 Armstrong SCU101342A-3 1604E22000 i lit AHU 1 Ruud CK36XA048 3404X89313 Attic Description Quantity Per Term Air Handier Cooling Pre -Season Annual Maintenance (Service 7) 3 Split System Air Handier Semi -Annual Maintenance (Service 10) 3 Description Quantity Per Term Condenser Annual (Service 8) 3 Condenser Semi -Annual (Service 11) 3 FIRE STATION 42 ANNUAL PRICE - $769.00 6.25 Hours x $117.50 = $73411$35 Truck Trips & Materials ©2018 Trane. All rights reserved. Confidential and proprietary information of Trane U -S. Inc. Page 7 of 19 Milton City Hall - Sched Maint 3-18 Proposal 1D: 2442082 7NME ErS Ga BEYDNV . r 6A.. 9, i Fire Station 43 Equipment Qt Manufacturer Model Number Serial Number Asset Ta Condenser 1 Bryant 113APA060 2113E23308 CU -1 Condenser 1 Trane 4TTA3042D3 15062PUJ3F CU -2 Condenser 1 Trane 4TTA3048D3 1423409D3F CU -3 Condenser 1 Bryant 213BPA060 4911 E10575 CU -4 S IitAHU 1 Bryant CNPVT6024A 1213X28596 AHU-1 5 IitAHU 1 Trane TUElB080A9481AD 14212T581G AHU-2 S IitAHU 1 Trane 4TXCC049BC3HCBA 14266TDL5G AHU-3 S lit AHU 1 Carrier FB4CNF060 1012A87280 AHU-4 (ceiling) Description Quantity Per Term Air Handler Cooling Pre -Season Annual Maintenance (Service 7) 3 Split System Air Handler Semi -Annual Maintenance (Service 10) 3 Quantity Per Term Description Condenser Annual (Service 8) 3 Condenser Semi -Annual (Service 11) 3 FIRE STATION 43 ANNUAL PRICE - $2,588.00 21 Hours x $117.50 = $2,467.5011$120 Truck Trips & Materials Senior Center Equipment Qt Manufacturer Model Number Serial Number Asset Ta Condenser 1 Lennox 13HPX-036-230-19 1914,135965 CU -1 Condenser 1 Lennox 13ACX-036-230-17 1914K24958 CU -2 Condenser 1 Lennox 13ACX-048-230-19 1914J19841 CU -3 Condenser 1 Lennox 13HPX-036-230-19 1914,135888 CU -4 Condenser 1 Lennox 13ACX-024-230-20 1914K27438 CU -5 Split AHU 1 Lennox 033 -25A -2F-6 6014J21849 AHU-1 Split AHU 1 Lennox C33 -43B -2F-6 6014,113001 AHU-2 5 lit AHU 1 Lennox CBX25UH-036-230-1 6014H36920 AHU-3 S lit AHU 1 Lennox CBX25UH-036-230-1 6014H36940 AHU-4 Split AHU 1 Lennox ICrawJSpace Description Quantity Per Term Air Handler Cooling Pre -Season Annual Maintenance (Service 7) 3 Split System Air Handler Semi -Annual Maintenance (Service 1.0) 3 Description Quantity Per Term Condenser Annual (Service 8) 3 Condenser Semi -Annual (Service 11) 3 SENIOR CENTER ANNUAL PRICE - $3,494.00 28 Hours x $117.50 = $3,29011$204 Truck Trips & Materials ©2018 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 8 of 19 TAME Milton City Hall - Sched Maint 3-18 Proposal ID: 2442082 QT'S GO B EYON DT" *i14 PRICING AND ACCEPTANCE Dennis Miller Site Address: Milton City of Milton City Hall 2006 2006 Heritage Walk Heritage Walk Milton, GA 30004 U.S.A. MILTON, GA 30004 United States Trane Service Agreement This Service Agreement consists of the pages beginning with the title page entitled "Scheduled Service Agreement," the consecutively numbered pages immediately following such title page, and includes the "Agreement Addendum" and ends with the Trane Terms and Conditions (Service) (collectively, the "Service Agreement" or "Agreement"). Trane agrees to inspect and maintain the Covered Equipment according to the terms of this Service Agreement, including the "Terms and Conditions," and "Scope of Services" sections. Trane agrees to give preferential service to Customer over non- contract customers. Service Fee As the fee(s) (the "Service Fee(s}"} for the inspection and maintenance services described in the Scope of Services section with respect to the Covered Equipment, Customer agrees to pay to Trane the following amounts, plus applicable tax, as and when due. Contract Year Annual Amount Payment - Annual Payment Semi- Annual Payment Quarterly Payment Month) Year 1 21,548.00 21,548.00 10,774.00 5,387.00 1,795.67 Year 21,548.00 21,548.00 10,774.00 5,387.00 1,795.67 Year 3 21,548.00 21,548.00 10,774.00 1 5,387.00 1,795.67 © A one-time 3.00 % discount is offered for full payment of 1 year(s) in advance of the commencement of the Service Agreement. Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. Thp d15gg ant yyouId be 5616.44 USD if this option is selected. Tax will be calculated based upon the pre -discounted price. The discount for advance payment is not applicable to credit card transactions. Please check the box for this option. In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay to Company the balance of any amounts billed to but unpaid by Customer. Subject only to a prior written agreement signed by Trane, payment is due upon receipt of invoice in accordance with Section 4 of the attached Terms and Conditions. Term The Initial Term of this Service Agreement is 3 years, beginning June 1, 2018. However, Trane's obligation under this Agreement will not begin until authorized representatives of Trane and Customer have both signed this Agreement in the spaces provided below. Following expiration of the initial term on May 31, 2021, this Agreement shall renew automatically for successive periods of 1 year (the "Renewal Term") until terminated as provided herein. If you do not want to renew this Agreement for the Renewal Term, please notify Trane by telephone or by U.S. mail prior to the expiration date set forth in the preceding sentence. If any questions arise regarding this Service Agreement or how to cancel this Agreement, Trane can be reached either by telephone at (404) 321-7500 or by direct mail addressed to; 4000 DEKALB TECHNOLOGY PARKWAY DORAVILLE, GA 30340- @2018 Trane. All rights reserved- Confidential and proprietary information of Trane U.S. Inc- Page 9 of 19 Milton City Hall - Sched Maint 3.18 Proposal 10: 2442482 Ar= r TRWE iFT'S G4 BEYOND""' a4� . sp 9, Renewal Pricing Adjustment The Service Fees for an impending Renewal Term shall be the current Service Fees (defined as the Service Fees for the initial Term or Renewal Term immediately preceding the impending Renewal Term) annually adjusted based on changes to the cost of service. The Service Fees for an impending Renewal Term shall be set forth in the service renewal letter furnished to Customer. Cancellation by Customer Prior to Services; Refund If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and if no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. Cancellation by Company This Agreement may be cancelled during the Initial Term or, if applicable, a Renewal Term for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior tc the scheduled expiration date and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. Authorized Representative Submitted By: Bret) Tortorici Proposal Bate. April 11, 2018 Printed Name Cell: (470) 226-4042 Email: bratt.tortorici@lrano.com License Number: CN007082 TWO Authorized Representative Purchase Order Account Manager, Existing Building Solctions- - - — Title Acceptance Hate June 18, 2418 Signature pate The initial Term of this Service Agreement is 3 years, beginning June 1, 2018, Total Contract Amount: $64,644.00 USD. C201 Trans. All rights reserved. Confidential and proprietary information of Trane U.S. Inc- Page 10 of 19 Milton City Hall - Sched Maint 3-18 Proposal Id: 2442082 T)NNE i ErS GO B EYON D'M I TERMS AND CONDITIONS "Company" shalt mean Trans U.S. Inc, for Company performance in the United States and Trane Canada ULC for Company performance In Canada. 1. Agreement. These terms and conditions ("Terms') are an integral part of Company's offer and form the basis of any agreement (the "Agreement') resulting from Company's proposal (the "Proposal") for the folluwing commercia€ services as stated in the Proposal (collectively, the "Services"): inspection, maintenance and repair (the "Maintenance Services') on equipment (the "Covered Equipment"), specified Additionai Work (if any), and, if included in the Proposal, Intelligent Services, Energy Assessment, Energy Performance Solutions, and any other services using remote connectivity (collectively and individually referred to in these Terms as "Energy and Building Performance Services"). COMPANY'S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an auftrorized agent ("Customer"] delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification. Customers order shall be deemed acceptance of the Proposal subject to these Terms and Conditions, This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay c suspend performance or, at its option, renegotiate prices and/or Terms and Conditions with Customer. H Ccmpany and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services provided by Company to the date of cancellation. 3. Fees and Taxes. Fees for the Services (the "Service Fees") are as set forth in the Proposal. Except as otherwise stated in the Proposal, Service Fees are based on performance during regular business hours. Charges for performance outside Company's normal business hours shall be billed separately according to then prevailing overtime or emergency labor/labour rates (which shall be provided to Customer in advance).. In addition to the stated Service Fees, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with an acceptable tax exemption certificate. 4. Payment. Payment is due upon receipt of Company's invoice. Service Fees shall be paid no less frequently than quarterly and in advance of performance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.51/o of the principal amount due at the end of each month. Without liability to Customer, Company may discontinue performance whenever payment is overdue. S. Breach. Each of the following constitutes a breach by one party and shall give the other party the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notioe declaring termination. Upon termination, the breaching party shall be Ii a be, for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due; (b) any general assignment by Customer for the benefit of its creditors, Customer's bankruptcy, insolvency, or receivership; (c) Any representation or warranty furnished by a party in connection with this Agreement is false or misleading in any material respect when made; or (d) Any failure by a party to perform or comply with any material provision of this Agreement 6. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances when Company performs the Services. Company may refuse to perform where working conditions could endanger property or put people at risk. Unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. This Agreement presupposes that all major pieces of Covered Equipment are in proper operating condition as of the date hereof. Services furnished are premised an the Covered Equipment being in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement, or upon Initial inspection, and/or upon seasonal start-up (if included In the Services), if an inspection by Company of Covered Equipment indicates repairs or replacement is required, Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer's telephone line or network infrastructure to connect to controls, systems and/or equipment provided or serviced by Company and to provide Services contracted for or otherwise requested by Customer, Including remote diagnostic and repair service. Customer acknowledges that Company is not responsible for any reasonable level of adverse impact to Customer's communications and network infrastructure. Company may elect to install/attach to Customer equipment or provide portable devices (hardware and/or software) for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no event shall become a fixture of Customer locations, Customer shall not acquire any interest, We or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discretion. Parts used for any repairs made will be those selected by Company as suitable for the repair and may he parts not manufactured by Campany. 7. Customer Obligations. Customer shall; (a) Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufacturer recommendations concerning teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; unless expressly stated in the Scope of Services statement, Company is not performing any manufacturer recommendad teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Eculpment; and (c) Where applicable, unless water treatment Is expressly included in the Services, provide professional cooling tower water treatment In accordance with any reasonable recommendations provided by Cam pany. 8. Exclusions. Unless expressly included in the Covered Equipment or the Services, the Services do not Indude, and Company shall not be responsible for or liable to the Customer for any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, maintenance, repair, replacement of or services for: chilled water and condenser water pumps and piping; electrical disconnect switches or circuit breakers; motor starting equipment that is not factory mounted and interconnecting power wiring; recording or portable instruments, gauges or thermometers; non-moving parts or non -maintainable parts of the system, including, but not limited to, storage tanks; pressure vessels, shells, tolls, tubes, housings, castings, casings, drain pans, panels, duct work; piping: hydraulic, hydronic, pneumatic, gas, or refrigerant; insulation; pipe covering; refractory material; fuses, unit cabinets; electrical wiring; ductwork or conduit; electrical distribution system; hydronic structural supports and similar items; the appearance of decorative casing or cabinets; damage sustained by other equipment or systems; and/or any failure, misadjustment or design deficiencies in other equipment or systems; (c) Damage, repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, burned cut main or branch fuses, law water pressure, vandalism, misuse or abuse, wear and tear, end of life failure, water damage, improper operation, unauthorized alteration of equipment, accident, acts or omissions of Customer or others, damage due to freezing weather, calamity, malicious act, or any Event of Force Majeure; (d) Any damage or malfunction resulting from vibration, etecbNytic action, freezing, contamination, corrosion, erosion, or caused by scale or sludge on Internal tubes except where water treatment protection services arc provided by Company as part of this Agreement; (e) Furnishing any items of equipment, material, or faborAabour, or performing special tests recommended or required by insurance companies or federal, state, or local governments; (f) Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any portion thereof, (g) Building access or alterations that might be necessary to repair or replace Customer's existing equipment; (h) The normal function of starting and stopping equipment or the opening and closing of valves, dampers or regulators normally installed to protect equipment against damage; (i) Valves that are not factory mounted: balance, stop, control, and other valves external to the device unless specifically included in the Agreement; 0) Any responsibility for design or redesign of the system or the Covered Equipment, obsolescence, safety tests, or removal or reinstallation of valve bodies and dampers; (k) Any services, claims, or damages arising out of Customers failure to comply with its obligations under this Agreement; (1) Failure of Customer to follow manufacturer recommendations concerning teardown and internal inspection, overhaul and refurbishing of equipment; (m) Any claims, damages, 02018 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 11 of 19 Milton City Hall - Sched Maint 3-18 Proposal ID: 2442082 TRANE ErS Go BEYOND'm 1 losses, or expenses, arising from or related to conditions that existed in, an, or upon the premises before the effective date of this Agreement ('Pre -Existing Conditions"), including, without limitation, damages, losses, or expenses involving pre-existing building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues Involving moldlmould andlor fungi; (n) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included within the Services, in which case replacement shall in no event exceed the stated percentage of rated system charge per year expressly stated in the Services; (o) crane or rigging costs; (p) Any Services, claims, or damages arising out of refrigerant not supplied by Trane. Customer shall be responsible for- (i) The cost of any additional replacement refrigerant; (ii) Operation of any equipment; and (iii) Any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. S. Limited WarraW. Company warrants that: (a) the material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement; and (b) the Iaborllabour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty'). Company obligations of equipment start-up, if arty are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repalring or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company- No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full - Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the following: wear and tear; and of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company -provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product- Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier- Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material andlor parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ANWOR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR RE=GARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLDIMOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS, THE ENERGY AND BUILDING PERFORMANCE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, 10. Reserved. 11. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NOWPERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLDIMOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 12. Asbestos and Hazardous Materials, The Services expressly exclude any identification. abatement, cleanup, control, disposal, removal or other work connected with asbestos polychlorinated biphenyl ("PCB`), or other hazardous materials (collectively, "Hazardous Materials"). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and notify Customer- Customer will be responsible for correcting the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought anto the premises by Company. Company shall be required to resume performance only in the absence of Hazardous Materials or when the affected area has been rendered harmless- In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the premises site for the presence of Hazardous Materials. 13. Insurance. Company agrees to maintain the following insurance during the term of this Agreement with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurre nce Automobile Liability $2,000,000 CSL Workers Com pen sation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance poilcy, Company will do so but only subject to Company's manuscript additionai insured endorsement under its primary Ce mmarcial General Liability policies. In no event does Company or its insurerwaive rights of subrogation, 14. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company is unable to carry out any material obligation under this Agreement due to an Event of Farce Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination- An "Event of Force Majeure" snail mean any cause or event beyond the control of Company- Without limiting the foregoing, "Event of Farce Majeure' includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake: lightning; tomado; storm; fire; civil disobedience; pandemic; insurrections; riots; Iaborllabour disputes; Iaborllabour or material shortages from the usual sources of supply: sabotage: restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 16. Maintenance Services Other Than Solely Scheduled Service. If Company's Maintenance Services hereunder are not limited solely to Scheduled Service, the following provisions shall also appy: (a) Required restoration shall be performed by Customer at its Cost prior to Company being obligated to perform hereunder; (b) 02018 Trane- All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 12 of 19 TR/WE Milton City Hall - Sched Maint 3-18 Proposal ID: 2442082 Iwo ErS GO BEYOND T11 any changes, adjustments, service or repairs made to the Equipment by any party other than Company, unless approved by Company in writing, may, at Company's option, terminate Company's obligation to render further service to the Equipment so affected; in such case no refund of any portion of the Service Fees shall be made; and (c) Customer shall (i) promptly notify Company of any unusual performanos of Equipment; (ii) permit only Company personnel to repair or adjust Equipment and/or controls during the Term ora Renewal Term; and (iii) utilize qualified personnel to proped y operate the Equipment in accordance with the applicable operating manuals and recommended procedures. 16. Remote Connectivity, Customer grants to Company the right to remotely connect (via phone modem, internet or other agreed upon means) to Customer's building automation system (BAS) and or HVAC equipment to view, extract, or otherwise collect and retain data from the BAS. HVAC equipment or other building systems, and to diagnose and remotely make repairs at Customer's request. The Intelligant Services, including any reports and other information Company provides, are intended to provide operational assessments and recommendations. Electronic Monitoring. Any electronic monitoring Company performs is undertaken solely to enable Company to collect the data and perform any analysis included in Company's Services. Customer agrees that Company is not liable for inability to perform and/or losses that may occur in cases of malfunction or nonfunctioning of communications equipment, HVAC and other equipment, the energy management system, failure to identify equipment or system performance issues, failure to recommend corrective action, or otherwise related to the monitoring of Customer's equipment and building systems. Data Collected. Customer hereby grants to Company the irrevocable, perpetual, nonexclusive, worldwide, royalty -free right and license to use, reproduce, display, distribute internally or externally and prepare derivative works based upon any such data Company collects from Customer. Company shall not use or publish such data in any way that identifies Customer as the source of that data without Customer's prior written consent The data Company wli collect from Customer will not include any personal or individual information, Upon Customer's written request, Company will endeavor to provide an electronic copy of data collected from Customer, subject to availability, For Energy and Building Performance Services (except Energy Assessments and digital assessments), Company will use commercially reasonable efforts to store Customer's data for up to 18 months. Company cannot guarantee the availability of the data, Data Privacy and Security, Company has implemented various security measures for the purpose of protecting Customer's data against accidental or unlawful access, unauthorized disclosure, loss, destruction, and alteration. Customer is responsible for maintaining the confidentiality of Customers user name(s) and password(s). Customer is responsible for all uses of Customer's paszword(s), whether or not authorized by Customer. Customer must inform Company immediately of any unauthorized use of Customer's user name(s) or password(s). Transmission of data over the Internet by its nature entails the use of systems under the control of third parties, and as a result Company cannot ensure total control of the security of such systems. Company will take commercially reasonable efforts to ensure that data and other configuration parameters are not visible or accessed by other customers. Customer acknowledges that the very nature of communication via the Internet restricts Company from offering any guarantee of the privacy or confidentiality of information relating to Customer passing over the Internet. In gaining access via the Internet, Customer also acknowledges and accepts that electronic communication may not be free from interference by unauthorized persons and may not remain confidential. Customer therefore accepts that access and storage of data is at Customer's own risk. Company will notify Customer of any breach in security of which Company become aware. Any breach in privacy of which Customer become aware should be reported by Customer to Company immediately. Company does not disclose Customer's information to third parties for their marketing purposes, but Company does use third party software and services to assist Company with collecting and analyzing information. Company may also disclose Customer's information if required to do so by law, in which case. Company would inform Customer of such disclosure. 17. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which Company performs the Services. Any dispute arising under or relating to this Agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned andlor operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by United States Federal j udicial bodies and boards of contract appeals of the United States Federal Government. This Agreement including the addendum, contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. If any term or condition of this Agreement is invalid, illegal or Incapable of being enforced by any rule of law, all other Terms of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contempiated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, titre or interest herein, without the written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. No failure or delay by a party in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the party of any right or remedy. 18. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended. and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-61], 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part e0-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive order 13496 and Section 29 CFR 471, appendix A to subpart A. regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c, 11 and applicable Provincial Human Rights Codes and employment law in Canada. 19. U.S. Government Services. The foliowing provision apples only to direct sales by Company to the US Government- The Parties acknowledge that all items or services ordered and dellvemd under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). in particular. Company agrees to be bound only by those Federal contracting clauses that apply to 'commercial" suppliers and that are contained in FAR 52.212-5€(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Govemment. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, ;;curate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any govemment official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customers ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Cornpany's performance of the Services that are the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 20. I-InnRed Waiver of Sovereign Immunity. if Customer is an Indian tribe (In the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited welver or its sovereign immunity as to any damages, daims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the famishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) fi Customer is in Canada, in the superior court of the province or territory In which the work was performed; (3) expressly consents to such Action, and waives any objection to prisdction or venue: (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customers tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The Individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and leg ally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-7 (0415) Supersedes 1-26.130-7 (1114) 02018 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 13 of 19 Milton City ball - Schad Malnt 3-18 Proposal ID: 2442082 r NE I ErS GO BEYOND TM ; _ iI I APPENDIX SERVICE BEST PRACTICES Trane is completely dedicated to making buildings better. The ongoing pursuit of better buildings, using our long-term domain expertise to push new technologies into everyday use, keeps us at the forefront of the industry. In addition to the services details in the agreement above, we take practical steps every day to ensure our approach is safe and efficient. SAFETY Since 2003, U.S. Bureau of labor Statistics records have consistently shown the Total Recordable Incident Rate (TRIR) and Days Away From Work (DAFW) for Trane have been significantly lower than those for HVAC repair and maintenance contractors and specialty trade contractors (construction). The company's safety culture in America is unparalleled in the building service industry, with proven results in the continuous reduction of injury rates. Trane incident rates (OSHA) are consistently 50 to 70 percent below the industry average. A wide range of safety training and resources are available to Trane technicians, including: ■ Safety training -20 hours per year • Electrical safety—NFPA 7 0 E compliant, electrical PPE • Fall protection • Ergonomics • Smith System Safe Driving Program • U$DOT compliance • Refrigerant management training ENVIRONMENTAL PRACTICES Trane policies and procedures are compliant with all federal and state regulations. Refrigerant (and substitutes) handling, storage and leak repair processes are compliant with Environmental Protection Agency regulation 40 CFR Part 82. Service technicians are Universal -certified and use only certified recovery equipment Refrigerant Management Software (RMS) captures, manages and reports all refrigerant activity at your site. Annually, Trane will send you a report documenting all refrigerant activity that we performed for each piece of equipment during the past 12 months Trane adheres to all environmental regulations when removing used oil from refrigeration units. We have a national contract with a qualified supplier to recycle or dispose of used oil appropriately. @2018 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 14 of 19 Awk rJNNE CONSISTENCY Milton City Hall - Sched Maint 3-18 Proposal ID: 2442082 IErS GO P _I BEYONe Nationwide, Trane technicians follow documented, formal processes that ensure uniform service deIlvery. As an CEM, Trane has developed exclusive service procedures which provide the most reliable outcomes, and extended equipment longevity, at the most cost-effective price. ■ Exclusive service work flow processes provide detailed steps and information encompassing parts, materials, tools and sequence of execution ■ Additional steps addressing safety, quality control, work validation and environmental compliance ■ Technicians must consistently reference documented processes to ensure no critical steps are skipped or omitted • Applicable service processes meet or exceed ASHRAE 180-2008 Standard Practice for Inspection and Maintenance of Commercial Building HVAC Systems YOUR ASSIGNED TEAM You will have a consistent group of employees dedicated to your account. The individuals assigned to your Trane team possess deep professional knowledge and advanced technical skills in HVAC equipment and mechanical systems, controls and building automation systems, heating, refrigeration and airside systems. They will become familiar with your systems. And you'll gain a greater sense of security knowing that a limited number of vetted employees have access to your facility. ENERGY ENGINEER TBID AREA SERVICE MANAGER MIKE WRIGHT (404)535.3843 S ACCOUNT MANAGER BRETT TORTORICI [470] 226-4042 SERVICE TECHNICIAN TBD *2018 Trane. All rights reserved- Confidential and proprietary information of Trane U -S- Inc- Page 15 of 19 Milton City Hall - Sched Maint 3-18 Proposal ID: 2442082 TJL4WE I Ers GO BEYOND TM CUSTOMER SERVICE FLOWS - CITY HALL EQUIPMENT The following Customer Service Flows provide additional service description detail for Covered Equipment. Note: There may be differences per the agreement in the work being performed between sites and the equipment on those sites. This section clarifies differences in the work being performed between sites and the equipment on those sites: Service 1: Annual Seasonal Maintenance. Description • Customer Notification • Initial Site Inspection • AHU Visual Equipment inspection • Bearing Lubrication ■ Check Delta T ■ Remove LOTO and Check Heater Operation • Check Operating Temperatures • Electrical Inspection (AHU) • Filter Inspection And Change • Inspect Supply Fan and Belt • Complete Required Paper Work • Clean blower wheel and AHU interior. Service 2: Annual Seasonal Maintenance. Description • Customer Notification ■ Initial Site Inspection • Remove LOTO and Check Heater Operation • Check Operating Temperatures • Electrical Inspection • Filter Inspection And Change • Inspect Supply Fan and Belt • Verify Controller Operation • Log Unit Complete Required Paper Work Service 3: Operating Inspection. Description • Customer Notification • Initial Site Inspection • AHU Visual Equipment inspection • Check Delta T • Remove LOTO and Check Heater Operation • Check Operating Temperatures Electrical inspection (AHU) • Filter Inspection And Change • Inspect Supply Fan and Belt • Complete Required Paper Work 02018 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 16 of 19 TRANE Service 4: Operating Inspection. Description • Customer Notification • Initial Site Inspection • Check Operating Temperatures • Filter Inspection And Change • Inspect Supply Fan and Belt • Verify Controller Operation • Log Unit • Complete Required Paper Work Milton City Hall - Sched Maint 3-18 Proposal ID: 2442082 ErS GO BEYOND TM Service 5: Operating Inspection. Description • Operating inspection. • Report in with customer representative, • Record and report abnormal conditions, measurements taken, etc. • Inspect fan wheel for wear, security and clearance. ■ Inspect sheaves and pulleys for wear, condition and alignment, • Inspect belts for tension, wear, cracks, and glazing, if applicable. • Verify tight bolts, set screws, and locking collars. • Verify smooth fan operation. • Provide a written report of completed work and indicate any uncorrected deficiencies detected. Service 6: Operating Inspection. Description • Operating inspection. • Report in with customer representative. • Record and report abnormal conditions, measurements taken, etc. • Inspect fan wheel for wear, security and clearance. • Inspect sheaves and pulleys for wear, condition and alignment. ■ Inspect belts for tension, wear, cracks, and glazing, if applicable. ■ Verify tight bolts, set screws, and locking collars. • Verify smooth fan operation, • Provide a written report of completed work and indicate any uncorrected deficiencies detected. Service 7: Split System Air Handler Cooling Pre -Season Annual Maintenance (Air Handler Only) Description • Customer Notification • Unitary Visual Equipment Inspection • Filter Inspection and Change (Generic) ■ Supply Fan and Motor Inspection (Direct Drive) • Condensate Drip Pan Inspection and Treatment ■ Electrical Inspection (Air Handler NTP) • Log Unit (NTP Air Handler) Q2498 Trane. All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page 17 of 19 TR/WE Milton City Hall - SChed Maint 3-18 Proposal ID2442082 ErS GO BEYOND TM r■ Service 8: Split System Air Handler Cooling Pre -Season Annual Maintenance (Includes Condenser) Description • Customer Notification ■ Unitary Visual Equipment Inspection ■ Lock Out Tag Out Condenser • Leak Test Inspection (Commercial Condensing Unit) • Condenser Coil Check (Generic) • Coil Cleaning Water (Applied) • Condenser Physical (One) Fan Check (Generic Condensing Unit) • Electrical Inspection (Light Commercial Condensing Unit) ■ Log Unit (NTP Cooling) Service 9: Split System Air Handler Heating Pre -Season Annual Maintenance (Includes Condenser) Description • Customer Notification • Unitary Visual Equipment Inspection • Generic Check Defta T • Lock Out Tag Out Condenser • Remove Lock Out Tag Out, Restore to Normal Operation • Condenser Coil Check (Generic) • Condenser Running I=an Check Service 10: Split System Air Handler Quarterly Maintenance (Air Handler Only) Description • Customer Notification • Unitary Visual Equipment Inspection Supply Fan and Motor Inspection (Direct Drive) • Condensate Drip Pan Inspection and Treatment ■ Electrical Inspection (Air Handler NTP) • NTP Heating Inspection (Gas) • Generic Check Delta T Log Unit (NTP Air Handler) Service 11: Split System Air Handier Quarterly Maintenance (includes Condenser) Description • Customer Notification • Unitary Visual Equipment Inspection • Loch Out Tag Out Condenser • Condenser Coii Check (Generic) • Condenser Physical (One) Fan Check (Generic Condensing Unit) • Electrical Inspection (Light Commercial Condensing Unit) • Log Unit (NTP Cooling) 02018 Trane. All rights reserved. Confidential and proprietary information of Trane U -S. Inc. Page 18 of 19 Milton City Hall - Sched Maint 3-18 Proposal ID. 2442082 I TRMI ET's Go BEYONDTM Please Note for City Hall: Trane has multiple technicians trained in VRF (VRV). A Primary Technician will be assigned to Milton City Hall. VRFNAV is shared technology and HVAC principles regardless of manufacturer. Trane Technicians are qualified to work on Daiken systems per functionality and service of equipment is not specific to Daiken, but same across VRFNAV industry. Technicians to follow Daiken, Liebert, etc. maintenance procedures. Trane standard service procedures when/where applicable. Daiken `VRV' website for reference: hittp:/lwww.daikinac.com/c_ontent/resources/submittal- data-sheets/ Parts available from local suppliers and online retailers. Work to be performed during normal Trane business hours (lam -spm). PM Services to begin at Tam unless otherwise noted per Milton's request. First filter change Milton will apply 1/4" weather stripping for filter fit. Addison AHU filter change once per year unless otherwise noted. Please Note for All Sites: Any repairs found during annual/semi-annual maintenance to be quoted separately. o Labor rate for Service Agreement Customers $117.50 instead of $141 (20% difference). US Communities `not to exceed' labor rate for Commercial HVAC Labor = $128.40... Trane will provide City of Milton $197.50 rate. Milton will provide filters to be changed semi-annually by Trane Technician. Trane cannot propose this Service Agreement through DOAS. Contract Management says we do not participate. US Communities Contract #: 15-JLP-023. 3% Payment Discount ($-646.44) detaifs located under `Pricing and Acceptance' (pg. 6). Thank you for the opportunity to partner with City of Milton, and i hope for Trane and Milton to have an excellent partnership. Best Regards, Brett 02018 Trane, All rights reserved- Confidential and proprietary information of Trane U.S. Inc- Page 19 of 19 Scheduled Service Agreement Addendum 1. Friority: of Addendurn- This Addendum is. attached .to the Scheduled Service Agreement. ("Agreement") between the City of Milton ("Customer".) and Tracie U.S., Inc. (.'Company"). The provisions of the Addendum control over any contrary provisions found in the Agreement and any other document that is. incorporated by reference into the Agreement. 2. Assent to Redlines in, Ageement: Customer and Company expressly accept the strikethroughs and text replacements/additions (shown in. red). in. the Agreement to which this Addendum is attached. Statutory_Auto-Termination and Renewal:. Notwithstanding any contrary language elsewhere, the parties agree that the Agreement,. as. required by O.C.G.A. § 36-60-13, shall terminate absolutely and without f4 ther obligation on the part of..Customer on: September 3.1 (the end of the C:ustotner's fiscal year). each year during the Term, and further,. that. -the Agreement shall automatically renew thenext day.on October. l until the end of the. Term, absent Customer .s provision of written notice of non -renewal to Company at .least five (5) days prior to the end of the then -current fiscal year. Title to any supplies, materials, equipment, or other personal property (if :any) shall remain. in Company until fully paid for .by Customer. upon termination and. non -renewal, Customer shall pay Company for outstanding amounts incurred prior to the termination date.. 4. Maximum _Payment:. The total amount paid .under the Agreement. as compensation for work performed during the three-year Term :shall not, in any ease, :exceed $64,644. Any additional charges will require.a written amendment to the Agreement. 5. Clarification of Service Quantities: For .the: sake. of clarification, where servicing frequency is shown as "Quaritity Per Term" in the body of the Agreement, this .indicates the total number of servicing.visits to be .provided in a three -.year initial Term. Any subsequentone-year renewal terms will have service visits equal to the"Quantity Per Term" divided by three. 6.. .Payment Frequency:.Company will invoice, and Customer will pay; on a monthly basis. 7. Liabilijy. Notwithstanding anything to the contrary in. the Tetnls and Conditions of the. Agreement, Company will be. liable for andcompletely indemnify Company against. all claiinsjosses,.damages or expenses suffered. by the Customer arising. put any negligent, reckless,. or intentional. act. or omission of the Company or its agents .or contractors. S. Indemnification by Customer: Due to the limitations of Georgia law, this.Agreement shall riot be construed as an agreement on the. part of Customer to indemnify Company. 9.. Payment in Full:. The phrase "paid for in full" in Paragraph 9 of the Terms and Conditions of the Agreement means that Customer is :current on its accrued payment obligations,.not that Customer has made advance .payment .of the entire amount thatwill become due .over the life. of the Agreement. 10:. Additional Insured: Customer requests that,it be named as.an additional insured under Company's Coimrnercial General Liability insurance policy. 11. Force Majeure; For purposes of: interpreting Paragraph 14 in. the..Terms aud. Conditions, Customer will not be comidered a "governinent when acting in its capacity as a. customer and not as a regulatory entity: 12..Adjustments liy Customer: For purposes of interpreting -Paragraph 155 in:the Terms and Conditions, minor adjustments to the. Equipment by Customer or its contractors . in the ordinary course of operation of the Equipment or surface cleaning of the Equipment will. not be cause to. terminate the Agreement. I.I. Change to Terms and Conditions: 1f Company changes its terms and conditions, it shall provide Customer with notice. at least30 days before such change takes effect. Customer will,have. the right. to terminate the. Agreement -upon receipt of such notice. 14. Independent Contractor: Company and Custo..mer hereby covenant and declare that each is engaged in an independent Business and Companyagrees to perform all services under the Agreement as an. independent contractor and not.as the agent or employee of Customer. 15. Authority to Contract: The -individual executing: the Agreement on behalf of each party covenants. and declares that .helshe has obtained all necessary approvals. of the necessary board of directors,. stockholders, board of comrrussioners, general partners„limited partners or. similar authorities to simultaneously execute and.bind the party to theterms: of this Agreement. 16. Nondiscrinirnation::In accordance with Title VI of the. Civil Rights .Act of 1964,: as amended, 42 U.S.C.. §.2000d,.section303 ofthe Age Discrimination Act of 1975, as amended, 42 U.S.C. §6102,. section.20.2 of the Americans with Disabilities. Act of 1990, 42 U.S.C. § 12132, and allother provisions of federal law, Company agrees that, during performance of this Agreement;. Company, 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, Company agrees to. comply with. all applicable irnplementing:regulations and shall:include theprovisions. of.this.paragraph in every subcontract for. services contemplated under this Agreement. 17. Sovereign Immunity; Indemnifications Nothing contained in this Agreement shall be construed to be a waiver of Customer's sovereign iinmunity or any individual's qualified, good faith or official immunities. No. provision of the .Agreement shall be construed. to :impose: a contractualduty of indemnification upon the Customer. 18. Compliance with the Georgia Open Records Act- To the extent required by iaw,.each party agrees to Complywith:the Georgia Open Records Act (O.C.G.A. § 5D-18-70, etseq.):andno:confidentiality requirement in the Agreement shall impose any obligation inconsistent with. the: rights and. duties created by that Act. 19. Ethics: Company 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. Company certifies that to the best of its knowledge no circumstances exist which wiltcause a conflict of interest in performing the work. Company. and Customer :acknowledge that it is prohibited for any person to offer, give, or agree to give :any City of Milton. employee or official, or for any City of Milton. 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: connectionwith any decision; approval; disapproval,. recommendation, or preparation. of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, .auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, .or other particular matter, pertaining to any program requirement or a: contract. or subcontract, or to any solicitation or proposal therefor: Company and. Customer furtheracknowledge 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 contractor .or higher tier sub -contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. .20. Em to ent of Unauthorized A.liens.Prohibited—E-.Ven Affidavit: Pursuantto.O.C.G.A..§.13- 10-91, Customer shall not enter into a contract for the physical. performance of services unless Company shall provide evidence.on the forms, attached Hereto as Exhibits "A" and `B" (.affidavits regarding compliance with the E -Verify program to be. sworn under oath under crizxunal penalty of false. swearingpdrsuant.to O.C.G.A. § 16=10-71),,that it and its 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. thatthey will.continue.to use the federal work authorization. program throughout the contract period. Company hereby verifies that it has, prior to executing this Agreement, executed a notarized...affldavit, the form of which..is provided in Exhibit "X', and submitted such affidavit to. Customer. Further,.Company hereby agrees to comply with the requirements of the federal immigration. Reform and Control Act of 19.86.(IRCA), P.L. 99-603, -O.C.G.A. § 1.3-10-91 and Georgia• Department of Labor Rule 300- 10-1 -.02. In the. event Company employs or contracts with any subcontractor(s) in connection with the Agreement, Company :agrees to secure from such :subcontractor(s) attestation of the subcontractor's Compliance with O.C.G.A. .§ 13-1041. and Rule 300-10-1-.02 by the subcontractor`s execution of the subcontractor affidavit, .the. formof which :i& attached hereto as Exhibit "B", which subcontractor .affidavit shall become part of the Company/subcontractor agreement. If a subcontractor affidavit is obtained; Company agrees to provide a completed copy to Customer within five (5) business days. of receipt from .any. subcontractor. Company and Company's...subcontractors shat] retain all documents and recor&:of their respective verification processfor a period of five (5) years following completion of the contract.. Company agrees that. the employee number. category designated below is applicable to it: X.500 or more employees 100 or more: employees Fewer .than 10.0. employees, Company hereby.agrees.that, in the event Company employs or contracts with any subcontractor(s) in .connection with the Agreement and where the subcontractor. is required .to provide an affidavit pursuant `to O.C.G.A. § 13-10-91, Company will secure from the subcontractor(s). such subcontractor(s'} indication of the above. ern.ployee-number category that is applicable to the subcontractor. The above requirements shall tie: in addition to the requirementsof state and federal law, and shall be construed to be in conformity: with those laws. COMPANY (Trane U.S, Inc.) Signature-, j Print Name: Brett Tortorici Title: Account ManagerfAuthorized Representative Attest/Wit n signature: Print Name: _ (1 Title: CUSTOMER (CITY OF WILTON, GEORGIA) By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Sudie Gordon, City Clerk Approved as to Form: City Attorney STATE OF Alabama COUNTY OF Jefferson EXHIBIT "A" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, 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. § 13-10-9 L 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: 205981 Federal Work Authorization User Identification Number 08.25.2010 Date of Authorization Trane U.S.. Inc. Name of Contractor Scheduled Service Agreement Name of Project City of Milton. Georgia Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. on June 12 , 2018 AL (state). of LaSeatrix Tatum, District Legal Contract PA Printed Name and Title of Authorized M&W Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 12th DAY OF JuBe M5 . NOTARY P ELIC [NOTARY SEAL] My Commission Expires: My Commission Expires. September 17, ZOI8 STATE OF _ COUNTY OF EXHIBIT "B" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Environmental Systems Research Institute, Inc. on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91 (b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Scheduled Service A eement Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 1 20_ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: FROM: AGENDA ITEM: MEETING DATE: I LTO N�� At ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 17, 2018 Steven Krokoff, City Manager 9 Consideration of an Ordinance to Amend Chapter 18, Article IV - Monitored Alarm Systems, Sections 18-68 - 18-93. Monday, July 23, 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: ( ), Y(S (J NO CITY ATTORNEY REVIEW REQUIRED: (�4ES () NO APPROVAL BY CITY ATTORNEY: VAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 I F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on July 17, 2018 for the July 23, 2018 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 18, Article IV – Monitored Alarm Systems, Sections 18-68 – 18-93. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: This is an update and revision to the ordinance regulating Monitored Alarm systems. The purpose of this revision is to correct conflicting language and to institute best practices related to Monitored Alarm Systems as provided by the Georgia Association of Chiefs of Police (GACP) and the Security Industry Alarm Coalition (SIAC) Funding and Fiscal Impact: None Alternatives: N/A Legal Review: Molly Esswein, Jarrard and Davis (05/10/2018) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revision STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 18, ARTICLE IV – MONITORED ALARM SYSTEMS, SECTIONS 18-68-18-93 The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 6th day of August, 2018 at 6:00 p.m., as follows: WHEREAS, pursuant to Section 1.12(b)(17) of the City Charter, the City is authorized to provide for the general health, safety, and welfare; and, WHEREAS, the City desires to update the regulations and restrictions applicable to the use of Monitored Alarm Systems; NOW THEREFORE, Chapter 18, Article IV “Monitored Alarm Systems” of The Code of the City of Milton, Georgia, is hereby amended by incorporating the insertions and deletions shown in the document attached hereto and incorporated herein by reference as Exhibit A. ORDAINED this 6th day of August, 2018. Approved: _______________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie Gordon, City Clerk EXHIBIT A MILTON FALSE ALARM ORDINACE REVISION July 2018 ARTICLE IV. - MONITORED ALARM SYSTEMS[2] DIVISION 1. - GENERALLY Sec. 18-68. - Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm company means a person, company, firm, or corporation subject to the licensing requirements, and engaged in selling, leasing, installing, servicing or monitoring alarm systems; this person shall be licensed in compliance with city and state laws. Alarm permit means a permit issued to an alarm user by the City allowing the operation of an alarm system within the City. Alarm signal means a detectable signal; audible or visual, generated by an alarm system, to which law enforcement is requested to respond. Alarm system means any single device or assembly of equipment designed to signal the occurrence of an illegal or unauthorized entry or other activity to which law enforcement is requested to respond, but does not include motor vehicle or boat alarms, fire alarms, domestic violence alarms, or alarms designed to elicit a medical response. This does not include (a) alarm systems installed exclusively for the purpose of signaling an fire or medical emergency; (b) any alarm system installed in a motor vehicle. Alarm user means any person, corporation, partnership, proprietorship, governmental or educational entity or any other entity owning, leasing, or operating an alarm system, or on whose premises an alarm system is maintained for the protection of such premises. Alarm User Awareness Class means a class conducted for the purpose of educating alarm users about the responsible use, operation, and maintenance of alarm systems and the problems created by false alarms. Formatted: Strikethrough 4 Cancellation means termination of response by the Police Department when the alarm company notifies the Police Department that there is not an existing situation at the alarm site requiring police response after an alarm dispatch request. If cancellation occurs prior to police arriving at the scene, this is not a false alarm for the purpose of civil penalty, and no penalty will be assessed. City means the City of Milton or its agent. Compliance Standards means equipment and installation methods shall comply with all appropriate nationally recognized testing laboratories and American National Standards Institute (ANSI) requirements False alarm means the activation of an alarm system when, upon inspection by the Police Department, there is no evidence of unauthorized entry, robbery, or other such crime attempted in or on the premises which would have activated a properly functioning alarm system. Notwithstanding the foregoing, a false alarm does not include an alarm which can reasonably be determined to have been caused or activated by unusually violent conditions of nature. Local alarm means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure and is not monitored by a remote monitoring facility, whether installed by an alarm company or user. Permit year means a 12-month period beginning on the day and month on which an alarm permit is issued. Runaway alarm means an alarm system that produces repeated alarm signals that do not appear to be caused by separate human action. The Police Department may in its discretion discontinue police responses to alarm signals from what appears to be a runaway alarm. Verify means an attempt by the alarm system monitoring company to contact the alarm site and/or alarm user by telephone and/or other means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting law enforcement response. A second call shall be made to an alternate number provided by the alarm user if the first attempt fails. False alarm means the activation of a signal from a monitored alarm system which elicits a response from the police and/or fire department when there is in fact no emergency or actual or threatened criminal activity necessitating such a response. The term "false alarm" includes, without being limited to, any monitored alarm system signal activated as a result of weather, negligence, accident, mechanical failure, electrical failure, electrical surge, signals activated intentionally in nonemergency situations, and signals activated where the actual cause of such activation is unknown. There is a rebuttable presumption that an activated monitored alarm system signal is a false alarm if the responding personnel, after following normal procedures in their response Formatted: Font: Century Gothic 5 and investigation, find no evidence of unauthorized entry, criminal activity or other emergency. An activated alarm system signal shall not be considered a false alarm if: (1) The police or fire department is notified to cancel its response by the alarm user or the alarm user's monitoring agent prior to the time emergency personnel arrive at the premises; (2) The monitored system signal was intentionally activated by an individual based upon a reasonable belief that an emergency or actual or threatened criminal activity requiring immediate response existed; (3) The monitored system signal was activated by lightening lightning or other act of nature resulting in an electrical surge which causes physical damage to the alarm system and which damage is evidenced by the written report of a licensed alarm system contractor who conducted an inspection of the system at the premises and personally observed such physical damage. Monitored alarm system. (1) The term "monitored alarm system" means any assembly of equipment or device, whether mechanical or electrical, arranged or designed to signal by any means the occurrence of an illegal entry into the premises or any other activity requiring urgent police attention or any assembly of equipment or device, whether mechanical or electrical, arranged or designed to signal by any means the occurrence of a fire at the premises and to which the police and/or fire department may reasonably be expected to respond. (2) The term "monitored alarm system" does not include: a. Alarm systems installed exclusively for the purpose of signaling an ongoing robbery, fire or medical emergency; b. Any alarm system installed in a motor vehicle. Monitored alarm user means the person or other entity which owns, leases, rents, manages, possesses, or has primary control over the premises in which a monitored alarm system is installed or maintained. Premises means the building or structure, or any portion of a building or structure, in which there is installed or maintained a monitored alarm system. (Ord. No. 06-11-16, § 1(ch. 12, art. 2, § 1), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 2, § 1), 4-19-2007; Ord. No. 16-05-276 , §§ 1—5, 5-16-2016) Sec. 18-69. - Penalty. (a) Excessive false alarms/Failure to register/renew. It is hereby found and determined that three or more false alarms within a permit year is excessive, constitutes a public nuisance, and shall be unlawful. Civil penalties for false alarms within a permit year may be assessed against an alarm user as follows: 6 Third false alarm. . ………………... $50.00 Fourth false alarm. .. …………….... $100.00 Fifth and over false alarm … . . . …...$150.00 Failure to Register/Renew…………………..$100.00 provided, however, that no alarm user shall be assessed fines in excess of $600.00 for false alarms that occur at the same premises in any 24-hour period. (b) Other Civil Penalty (ies). Except as provided in Section 18-69(a), all other violations will be enforced through the assessment of civil penalty (ies) in the amount of $100.00 per violation. (c) Payment of Civil Penalty (ies). Civil penalty(ies) shall be paid within (30) days from the date of the invoice. (d) Discontinuance of law enforcement response. The failure of an alarm user to make payment of any civil penalty(ies) assessed under this ordinance within 30 days from the date of the invoice shall result in discontinuance of law enforcement response to alarm signals that may occur at the premises described in the alarm user's permit until payment is received. In addition, failure to register and obtain a permit may result in no law enforcement response to an unregistered alarm. However, response by law enforcement shall continue in the normal course in response to 911 calls to the emergency communications center, or upon verification by the alarm contractor or user that an alarm was set off as a result of criminal activity. Normal alarm responses will be restored under the following circumstances: (1) Upon the filing of an appeal as provided in this ordinance; or (2) Upon the City’s receipt of full payment from the alarm user who is sixty (60) or more days delinquent on payment of any civil penalties. (e) Civil Non-criminal violation. A violation of any of the provisions of this ordinance shall be a civil violation and shall not constitute a misdemeanor or infraction. (f) Alarm User Awareness Class. The City may establish an Alarm User Awareness Class and may request the assistance of the area alarm companies to assist in developing and conducting the class. The class shall inform alarm users of the problems created by false alarms and instruct alarm users how to help reduce false alarms. The City may grant the option of attending a class in lieu of paying one assessed fine, not to exceed $100. Upon conviction, violations of this article shall be punished as follows: (1) For the second and each subsequent false alarm that occurs at the same premises within any 12-month period, a fine shall be assessed in the amount of $150.00; provided, 7 however, that no monitored alarm user shall be assessed fines in excess of $600.00 for false alarms that occur at the same premises in any 24-hour period. (2) For all other violations of this article, not including false alarms, a fine shall be assessed in the amount of $100.00 and, in addition thereto, the violator may be enjoined by the municipal court judge from continuing the violation. (3) Each violation shall constitute a separate offense. (4) False alarms shall not be counted for purposes of assessing the penalties provided for in subsection (1)(a) of this section so long as such false alarms occurred within ten days following the installation of the monitored alarm system. (Ord. No. 06-11-16, § 1(ch. 12, art. 2, § 7), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 2, § 7), 4-19-2007) Sec. 18-70. - Purpose and intent. Based on the experiences of surrounding municipalities and communities and their law enforcement officers, Tthe council finds that emergency response to false alarms creates additional risks to public safety by diverting limited public safety resources away from both real emergencies and normal patrol activities intended and designed to prevent criminal acts. Therefore, the purpose of this article is to promote public safety by making monitored alarm users in the city directly responsible for preventing false alarms. (Ord. No. 06-11-16, § 1(ch. 12, art. 2, § 2), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 2, § 2), 4-19-2007) Secs. 18-71—18-89. - Reserved. DIVISION 2. - REGULATIONS Sec. 18-90. - Registration. Alarm Permit: (a) Permit required. No person shall use an alarm system without first obtaining a permit for such alarm system from the City. A fee may be required for the initial registration and annual renewals. Each alarm permit shall be assigned a unique permit number, and the alarm user shall provide the permit number to the alarm company to facilitate law enforcement dispatch. (b) Application. The alarm permit shall be requested on an application form provided by the City. An alarm user has the duty to obtain an application from the City. (c) Transfer of possession. When the possession of the premises at which an alarm system is maintained is transferred, the person (user) obtaining possession of the property shall file an application for an alarm permit within 30 days of obtaining possession of the property. Alarm permits are not transferable. 8 (d) Reporting updated information. Whenever the information provided on the alarm permit application changes, the alarm user shall provide correct information to the City within 30 days of the change. In addition, each year after the issuance of the permit, permit holders will receive from the City a form requesting updated information. The permit holder shall complete and return this form to the City whether or not any of the requested information has changed; failure to comply will constitute a violation and may result in a civil penalty. (e) Multiple alarm systems. If an alarm user has one or more alarm systems protecting two or more separate structures having different addresses and/or tenants, a separate permit shall be required for each structure and/or tenant. In the interest of public safety, all information contained in and gathered through the alarm registration applications, no response records, applications for appeals and any other alarm records shall be held in confidence by all employees and/or representatives of the City. Duties of Alarm User: (a) Maintain the premises and the alarm system in a method that will reduce or eliminate false alarms; and (b) Provide the alarm company the permit number, (the number must be provided to the communications center by the alarm company to facilitate dispatch). (c) Respond or cause a representative to respond to the alarm system’s location within a reasonable amount of time, as determined when notified by the Milton Police Department. (d) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report. (e) An alarm user must obtain a new permit and pay any associated fees if there is a change in address or ownership of the location of the alarm system. Duties of Alarm Monitoring Company: (a) Any person/business engaged in providing alarm monitoring services in the city shall comply with the following: 1) Obtain and maintain the required state, county and/or city license(s) and or permits. 2) Provide name, address, and telephone numbers of the alarm company license holder or a designee who can be called in an emergency, 24 hours a day; and be able to respond to an alarm call, when notified, within a reasonable amount of time. 3) Be able to provide the most current contact information for the alarm user; and to contact a key holder for a response, if requested. Formatted: Strikethrough Formatted: Strikethrough 9 (b) Prior to activation of the alarm system, the alarm company must provide instructions explaining the proper operation of the alarm system to the alarm user. (c) Provide written information to the alarm user of how to obtain service from the alarm company for the alarm system. (d) An alarm company performing monitoring services shall: 1) Attempt to verify, by calling the alarm site and/or alarm user by telephone, to determine whether an alarm signal is valid before requesting dispatch. Telephone verification shall require, as a minimum that a second call also be made to a different number, if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm signal is valid, EXCEPT in the case of a panic or robbery-in-progress alarm, or in cases where a crime-in-progress has been verified by video and/or audible means. a. The failure of an alarm company, or any person or entity providing similar monitoring services, to attempt to verify the alarm signal will not negate the alarm user’s responsibility for violations of the article and any civil penalties associated therewith. 2) Provide alarm user registration number to the communications center to facilitate dispatch and/or cancellations. 3) Communicate any available information about the location of the alarm to the communications center. 4) Communicate a cancellation to the law enforcement communications center as soon as possible following a determination that response is unnecessary. (a) Required; contents. No later than five business days following the installation of any monitored alarm system, the alarm user or monitoring company shall provide the following information to the city treasurer's office using the prescribed registration form: (1) The complete name, address, and phone number of the alarm user; (2) The names of all persons authorized to enter the premises and deactivate the alarm system signal as well as all phone numbers at which such persons can be reached; (3) The name and telephone number of the alarm user's monitoring agent, if any; (4) If known, the name and telephone number of the person or entity which installed the alarm system; and (5) An alarm registration fee set by resolution of the city council. (b) Information changes to be reported. Any changes in the information set forth in subsection (a) of this section must be reported to the city treasurer's office within five business days. Monitored alarm users utilizing alarm systems installed prior to the effective date of the ordinance from which this article is derived shall provide the information set forth in subsection (a) of this section to the city treasurer's office no later than 60 days following such effective date. (c) Grandfather clause. All alarm systems installed before incorporation of the city shall be registered with the city treasurer's office within six months after the effective date of the ordinance from which this article is derived. Formatted: Strikethrough 10 (Ord. No. 06-11-16, § 1(ch. 12, art. 2, § 3), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 2, § 3), 4-19-2007) Sec. 18-91. - Deactivation mechanism required. Prohibited Acts (or Violations) No monitored alarm system installed after the effective date of the ordinance from which this article is derived shall be used unless such system is equipped with a mechanism or device that automatically deactivates the alarm system signal no later than 30 15minutes after activation. It shall be unlawful to activate an alarm system for the purpose of summoning law enforcement when no burglary, robbery, or other crime dangerous to life or property is being committed or attempted on the premises, or otherwise to cause a false alarm. It shall be unlawful to install, maintain, or use an audible alarm system which can sound continually for more than 15 minutes. (Ord. No. 06-11-16, § 1(ch. 12, art. 2, § 4), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 2, § 4), 4-19-2007) Sec. 18-92. - Monitoring and enforcement; citation False Alarm Notice. The police department or fire department shall be responsible for the enforcement of this article. This article shall be enforced by the issuance of a citation false alarm notice. and prosecution in the city municipal court, or other court of competent jurisdiction. APPEALS: (a) Appeals process. Assessments of civil penalty (ies) and other enforcement decisions made under this ordinance may be appealed by filing a written notice of appeal with the Milton Police Department within 30 days after the date of notification of the assessment of civil penalty (ies) or other enforcement decision. The failure to file notice of appeal within this period shall constitute a waiver of the right to contest the assessment of penalty (ies) or other enforcement decision. Appeals shall be heard through an administrative process established by the City. The hearing officer's decision is subject to review in the district court by proceedings in the nature of certiorari. (b) Appeal standard. The hearing officer shall review an appeal from the assessment of civil penalty (ies) or other enforcement decisions using a preponderance of the evidence standard. Notwithstanding a determination that the preponderance of the evidence supports the assessment of civil penalty(ies) or other enforcement decision, the hearing officer shall have the discretion to dismiss or reduce civil penalty(ies) or reverse any other enforcement decision where upon a finding of good cause or extenuating circumstances. Government Immunity Formatted: Strikethrough Formatted: Font: Century Gothic 11 Alarm registration is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. All liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an alarm permit, the alarm user acknowledges that the Milton Police Department response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history. CONFIDENTIALITY In the interest of public safety, all information contained in and gathered through the alarm registration applications, no response records, applications for appeals and any other alarm records shall be held in confidence by all employees and/or representatives of the City. SEVERABILITY The provisions of this ordinance are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any person or circumstance is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision. (Ord. No. 06-11-16, § 1(ch. 12, art. 2, § 5), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 2, § 5), 4-19-2007; Ord. No. 16-05-276 , §§ 1—5, 5-16-2016) Sec. 18-93. - Violations. (a) Three or more false alarms. It shall be a violation of this article for any monitored alarm user to cause, allow or permit three or more false alarms in any calendar year. It shall also be a violation of this article for any monitored alarm user to fail or otherwise refuse to comply with the registration or equipment requirements set forth in section 18- 90. (b) False requests or reports. No person shall intentionally make, turn in, or report a false alarm of fire or false request for police or ambulance assistance, or aid or abet in the commission of such an act. Formatted: Font: Century Gothic TO: FROM: AGENDA ITEM: MEETING DATE: MILTO N, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 16, 2018 Steven Krokoff, City Manager Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election Monday, July 23, 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: (.1YES () NO CITY ATTORNEY REVIEW REQUIRED: ()YES () NO APPROVAL BY CITY ATTORNEY: (JIAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0101 -tot 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: Sudie AM Gordon, City Clerk Date: Submitted on July 28, 2018 for the July 9, 2018 Regular City Council Meeting (First Presentation) and July 23, 2018 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election _____________________________________________________________________________________ Project Description: On November 6, 2018, an election will be held in the City of Milton to elect the City Councilmember for District 1/Post 2. O.C.G.A. §21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the Intergovernmental Agreement is attached to the ordinance and incorporated herein. Procurement Summary: Purchasing method used: Sole Source (Include Sole Source Documentation) Account Number: 100-0000-1138099 Requisition Total: $ 9,012.80 Vendor: Fulton County Finance Director (Remit Payment to) Page 1 of 2 Page 2 of 2 Financial Review: The General Election fee of $ 9,012.80 will be included in the FY2019 budget. This fee will be paid to Fulton County in advance of the election and maintained by Fulton County in a separate election account. Within 90 days after the election or run-off election, Fulton County will furnish a refund of any excess fees or invoice the City if the fee is insufficient to cover the City’s pro-rata share of the costs of the election. Legal Review: Sam VanVolkenbergh, Esq., Jarrard & Davis, LLC (June __, 2018) Attachment(s): Ordinance of the City Council to Authorize Fulton County to Conduct Election Intergovernmental Agreement for the Provision of Election Services between Fulton County, Georgia and the City of Milton, Georgia Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in regular session on August 6, 2018 at 6:00 p.m. as follows: WHEREAS, on November 6, 2018, an election will be held in the City of Milton to elect the City Council member for District 1/Post 2; and WHEREAS, on November 6, 2018, a referendum election will be held in the City of Milton to determine whether to allow expanded alcohol sales by the drink on Sundays; and WHEREAS, on November 6, 2018, a referendum election will be held in the City of Milton to determine whether to offer a new homestead exemption from property taxes for City taxation purposes; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the same, that the Mayor is authorized to enter into a contract with Fulton County to conduct this election approved by the Georgia Secretary of State. 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. 4. Page 2 of 2 This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 6th day of August, 2018. Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk ______________________________ Peyton Jamison (District 1/Post 1) ______________________________ _______________________________ Laura Bentley, Councilmember Matt Kunz, Councilmember (District 2/Post 1) (District 2/Post 2) __________________________ _______________________________ Joseph Longoria, Councilmember Rick Mohrig, Councilmember (District 3/Post 1) (District 3/Post 2) N MILTONt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: J 17, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 48 -Streets, Sidewalks and Other Public Places and Chapter 50 - Subdivisions to Clarify the Need for Sidewalks Within Certain Zoning Districts and to Incentivize the Development of Larger Lots Within the City of Milton. MEETING DATE: Monday, July 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,jAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,,J ES () NO CITY ATTORNEY REVIEW REQUIRED: 1,, ES () NO APPROVAL BY CITY ATTORNEY: �,KAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: a?J X312014 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@?dtyofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Assistant City Manager Date: Submitted on July 17, 2018 for the July 23, 2018 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 48-Streets, Sidewalks and Other Public Places and Chapter 50-Subdivisions to Clarify the Need for Sidewalks Within Certain Zoning Districts and to Incentivize the Development of Larger Lots Within the City of Milton. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: In 2017 staff was directed by the City Council to evaluate alternatives that could incentivize large lot developments within the city. In November 2017 and May of 2018 staff presented a number of alternatives that included modifications to the existing city code to simplify the administrative process for certain large lot developments as well as potentially reducing development costs for those developments. Those changes are highlighted in the attached Chapter 50 revisions. As part of that process it was noted that the requirements for sidewalk needed to be updated to clarify the need for sidewalk within the certain zoning districts. Those proposed amendments are covered in both Chapter 48 and Chapter 50. Funding and Fiscal Impact: None Alternatives: N/A Legal Review: Paul Frickey, Jarrard and Davis (7/15/2018) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revisions STATE OF GEORGIA ORDINANCE NUMBER ____________ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 48 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES AND CHAPTER 50 - SUBDIVISIONS; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, Chapter 48 of the City of Milton Code of Ordinances regulates the construction of sidewalks within the City of Milton; and, WHEREAS, Chapter 50 of the City of Milton Code of Ordinances regulates the subdivision of land within the City of Milton; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to amend Chapter 48 and Chapter 50 to modify the policies and methods for the construction of sidewalk and the subdivision of land in the City of Milton. NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called Council meeting on the 6th day of August, 2018 at 6 p.m. as follows: SECTION 1. That Chapter 48 of the City of Milton Code of Ordinances, Section 48-562 (1) shall be amended to read: “(1) All owners, developers, or occupiers of parcels of land where a development permit or building permit is issued and any portion of the parcel is within a zoning overlay district or form based code district where sidewalks are required or are one-half mile of a school or active public park and the parcel is not identified on the current bike and pedestrian master plan shall be required to provide a sidewalk, consistent with the city standards . a. Such sidewalk shall conform to the AASHTO and applicable ADA requirements and to all applicable overlay district guidelines and standards. b. Sidewalks internal to subdivisions shall be installed in accordance with the City of Milton Subdivision regulations. c. Where it is determined to be in the best interest of the city payment in lieu of installation may be made in accordance with section 48-674(3). “ SECTION 2. That Chapter 50 of the City of Milton Code of Ordinances shall be stricken it its entirety and replaced with the Ordinance attached hereto as Exhibit “A” as if fully set forth herein. SECTION 3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 4. This Ordinance shall become effective upon its adoption. ORDAINED this the 6th day of August, 2018. Approved: ______________________________ Attest: Joe Lockwood, Mayor __________________________ City Clerk (Seal) 1 Exhibit A Chapter 50 - SUBDIVISIONS[1] ARTICLE I. - IN GENERAL Sec. 50-1. - Definitions. 1 The following words, terms and phrases, when used in this chapter, shall have the meanings 2 ascribed to them in this section, except where t he context clearly indicates a different meaning: 3 Alley or service drive means a minor, permanent vehicular service access to the back or the side of 4 properties otherwise abutting a street. 5 Bike paths means paths that serve to separate bicycle riders fro m vehicle and pedestrian traffic. Bike 6 paths can meander through wooded areas, traverse the edge of open areas, and may (in many 7 instances) parallel existing roadways or walks. 8 Block means a parcel of land or lots entirely surrounded by public or private streets, other than 9 alleys. 10 Buildable area means that portion of a lot where buildings and specified structures may be located 11 after all minimum yards, buffers, landscape strips, and other setbacks have been met. 12 Building setback line means a graphic representation of the required minimum horizontal distance 13 between a building and the related front, side, or rear property lines which establish the minimum space 14 to be provided between the building and property lines. 15 Comprehensive plan means a set of documents approved by the mayor and city council which sets 16 forth desired long range development patterns for the incorporated City of Milton, Georgia. 17 Crosswalk means a right-of-way dedicated to public use, four feet or more in width that crosses a 18 street and furnishes a specific area for pedestrian movements at an intersection. 19 Cul-de-sac means a street having only one connection to another street and being permanently 20 terminated by a vehicular turn around. 21 Cul-de-sac, temporary, means a street having one end open to traffic and being temporarily 22 terminated by a vehicular turnaround. This temporary termination is to provide connectivity to future 23 developments. 24 Department means the Community Development Department, City of Milton, Georgia. 25 Director means the director of the community development department or his or her designee. 26 Formatted: Font: 14 pt Formatted: Centered 2 Driveway, attached single-family residential, access or shared, means a paved area used for the 1 ingress or egress of vehicles, and allowing access from a street to a building, ot her structure or facility 2 which complies with the access standards established in Chapter 48.. 3 Driveway, detached single-family residential, access or shared (private drive) means a paved or 4 unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other 5 structure or facility for no more than three two single-family residential lots. 6 Driveway, modified, single-family residential, access or shared (private drive) means a paved or 7 unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other 8 structure or facility for no more than five single-family residential lots that are all a minimum of 3 acres 9 in size. 10 11 Easement means a grant by the property owner for use by the gran tee of a portion of land for 12 specified purposes. 13 Health and wellness department means the Fulton County Health and Wellness Department or 14 authorized representative thereof. 15 Land disturbance permit. 16 (1) The term "land disturbance permit" means an offici al authorization issued by the department, 17 allowing defoliation or alteration of a site or the commencement of any construction activities 18 including, but not limited to: 19 a. Clearing; 20 b. Grubbing; 21 c. Dredging; 22 d. Grading; and 23 e. Excavating, transporting and filling of land. 24 (2) The term "land disturbance permit" does not include agricultural practices as defined in the 25 O.C.G.A. § 1-3-3. 26 Lot means the basic lawful unit of land, identifiable by a single deed established by plat, subdivision, 27 or as otherwise permitted by law, to be separately owned, used, developed, or built upon. In determining 28 the area and dimension of a lot, no part of the right -of-way of a road or crosswalk may be included. 29 Lot, corner means a lot abutting two or more streets a t their intersection. 30 3 Lot, double/multiple frontage, means a lot other than a corner lot abutting two or more streets that 1 may or may not intersect at that lot. 2 Lot, minimum lot size, means the smallest permissible lot area established by chapter 64 or t he 3 conditions of zoning. 4 Mayor and city council means the mayor and city council of the City of Milton, Georgia. 5 Plat means a map indicating the subdivision or resubdivision of land, intended to be filed for 6 recording. 7 Plat, final, means a finished drawing of a subdivision that provides a complete and accurate 8 depiction of all legal and engineering information required by this chapter. Certification is necessary for 9 recording. 10 Plat, minor, means a finished drawing of a subdivision of no more than three l ots, or five lots if each 11 lot is 3 acres or more in size, that, at the time of subdivision, does not necessarily, but may involve: 12 (1) A land disturbance permit; 13 (2) New streets; 14 (3) The extension of a utility or other municipal facility; and 15 (4) Depicts all legal and engineering information required by this chapter. 16 Plat, preliminary, means a drawing that shows the proposed layout of a subdivision in sufficient detail 17 to indicate its workability and feasibility, but is not in final form for record ing, pursuant to these 18 regulations. The preliminary plat is the first stage in securing a land disturbance permit. 19 Right-of-way dedication and reservation plan means an element of the city's comprehensive plan 20 maintained by the public works department whi ch includes guidelines and procedures for the dedication 21 and reservation of rights-of-way along public roadways. 22 Standard details means illustrative minimum standards for land development activities authorized 23 under the city's land development regulations . These standards shall not supercede more restrictive 24 prudent design requirements or good engineering practices as applied to specific situations on a case -by-25 case basis. All construction shall meet or exceed the Fulton County minimum standards establishe d by 26 the Georgia Department of Transportation (GDOT). 27 Street classifications means the classification of streets based on functions, from high -traffic arterial 28 roads to low traffic residential streets. The following are definitions intended to distinguish between 29 different street classifications. All roadways are classified per the state department of transportation: 30 Collector means a roadway that has partial or no access control and has more emphasis on access 31 to adjacent land over mobility than arterials. The primary purpose is to distribute trips to and from the 32 arterial system and allow access to the local roads. 33 4 Freeway means a multi-lane roadway that has full access control and separation of directional traffic. 1 Freeways accommodate large volumes of high speed traffic and provide efficient movement of vehicular 2 traffic for interstate and major through travel. 3 Frontage street means a road that typically runs parallel to a partial access controlled roadway, a full 4 access controlled facility, or a railroad. Frontage roads provide public access to the adjacent parcels, help 5 control access to the major facility, and/or maintain circulation of traffic on each side of the major facility. 6 Full access control means preference is given to through traffic by providing access connections only 7 with selected public roads and by prohibiting crossings at grade and direct private connections. 8 Local means any roadway that has no access control, and places strong emphasis on access to 9 adjacent land over mobility while service to through traffic is discouraged. 10 Minor arterial means a roadway that has partial or no access control and is primarily used for inter -11 connectivity of principal arterials and placing more emphasis on access to adjacent land over mobility. 12 No access control means preference is generally given to access to adjacent land rather than 13 mobility. 14 Partial access control means preference is given to through traffic to a degree that, in addition to 15 connection with selected public roads, there may be some crossing at grades, but private connections 16 shall be prohibited. 17 Principal arterial means a roadway that has partial or no access control, and is primarily used for fast 18 or large volumes of traffic. Emphasis is placed on mobility rather than access to ad jacent land. 19 Street, private, means a street or modified, single-family residential, access or shared (private drive) 20 driveway that has not been dedicated to the municipality or other government entity. 21 Street, public, means a dedicated and accepted righ t-of-way for vehicular traffic. 22 Street, residential, means streets internal to residential subdivisions. The following definitions are 23 intended to distinguish between different categories of streets internal to residential subdivisions: 24 Housing unit service means the number of housing units served by a street or collection of streets 25 shall be the aggregate number of housing units provided, or potentially to be provided, with driveway 26 access directly from the street plus the number of units utilizing or po tentially utilizing the street for 27 through traffic movements. Such calculations shall be made at the beginning and ending of the same 28 street intersection. 29 Major subdivision street means a local road internal to a subdivision which serves 50 or more 30 housing units. These units do not have to be directly served by the major subdivision street. Major 31 subdivision streets are roads that serve as collectors for the subdivision traffic. Any residential street 32 Formatted: Font: Not Italic 5 which accesses a collector or arterial road shall be co nsidered a major subdivision street for the first 300 1 feet regardless of housing unit service. 2 Minor subdivision street means a local road internal to a subdivision which serves fewer than 50 3 housing units and does not access a collector or arterial road. 4 Stub-out street means a street having one end open to traffic and being temporarily terminated at the 5 other. Stub-outs generally do not have a temporary vehicular turnaround. This temporary termination is to 6 provide connectivity to future developments an d may be constructed without curb and gutter, provided 7 such stub-out street meets the standards of the Fulton County Fire Department. 8 Subdivider means any property owner, person, individual, firm, partnership, association, corporation, 9 estate, trust, agent of property owner, or any other group or combination acting as a unit dividing or 10 proposing to divide land so as to constitute a subdivision. 11 Subdivision, major, means a subdivision that does not qualify as a minor subdivision. 12 Subdivision, minor, means a subdivision of no more than three lots , or five lots if each lot is 3 acres 13 or more in size, that, at the time of subdivision, does not necessarily, but may involve 14 (1) A land disturbance permit; 15 (2) New streets; or 16 (3) The extension of a utility or other municipal facility. 17 Subdivision, residential and nonresidential, means any division of a lot, tract or parcel, regardless of 18 its existing or future use, into t wo or more lots, tracts or parcels. The term "subdivision" means the act or 19 process of dividing property, except that, where appropriate to the context, the term "subdivision" may be 20 used in reference to the aggregate of all lots held in common ownership a t the time of subdivision. 21 Traffic mitigation action plan means a plan that studies and addresses the number of trips a 22 subdivision will produce when such development results in the reduction of the level of service on any 23 roadway currently functioning at "D" or worse in accordance with the county transportation standards. 24 (1) The term "traffic mitigation action plan" includes, but is not limited to: 25 a. Roadway improvements; and 26 b. Other proposals, such as: 27 1. Providing transit access; 28 2. Transit use incentives; 29 3. Car/van pooling; 30 4. Bicycle path construction; 31 6 5. Off-site and internal sidewalk construction; and 1 6. Lunch trip reduction. 2 (2) The traffic mitigation action plan shall mitigate the traffic impact in a manner that will show no 3 negative impact on roads with level of service of "D" or worse. 4 Trails, pedestrian or others, means extended and usually continuous strips of land established 5 independently of other routes of travel and dedicated, through ownership or easement, to recrea tional 6 travel including hiking, horseback riding, etc. 7 Utility accommodations (guidelines and procedures) means a county program maintained by the 8 public works department which includes: 9 (1) Installing, maintaining, repairing, operating, or using a pole line, buried cable, pipeline, or 10 miscellaneous utility facility; and 11 (2) Performing miscellaneous operations authorized by a utility permit. 12 Utility permit means an official authorization issued by the public works department, allowing the 13 alteration of land within the right-of-way for the commencement of any construction activities pertaining to 14 utility installation or relocation. 15 Zoning ordinance means the Zoning Ordinance of the City of Milton, Georgia, (chapter 64). 16 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 17 Sec. 50-2. - Penalty. 18 (a) Civil. Any person violating any provision of this chapter, shall be deemed liable for civil penalties not 19 less than $1,000.00 and not to exceed $2,500.00 and/or imprisonment for 60 days, or as amended 20 by applicable statutes. Each day's continuance of a violation shall be considered a separate offense. 21 The owner of any lands or parts thereof, where anything in violation of this provision shall be placed, 22 or shall exist, and any person who may assist in the separate offense, the city court, or any court of 23 competent jurisdiction, shall have jurisdiction of any offense charged under this section. 24 (b) Additional remedies. In any case in which any land is, or is proposed to be, used in violation of 25 these regulations or any amendment thereto adopted by the mayor and city council, may, in addition 26 to other remedies provided by law, institute injunctio n, abatement or any appropriate action, or 27 proceeding to prevent, enjoin or abate such unlawful use. 28 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 29 Sec. 50-3. - Title. 30 7 The title of these regulations shall be known as "the Subdivision Regulations of the City of Milton, 1 Georgia." 2 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 3 Sec. 50-4. - Purpose. 4 These rules and regulations are intended to serve the following purposes, among others: 5 (1) To protect and promote the health, safety and general welfare of the city's residents. 6 (2) To encourage economically sound and stable land developments. 7 (3) To ensure the adequate provision of streets, access, utilities, and other facilities and services 8 to new land developments in conformance with public improvement standards and regulations 9 of the city. 10 (4) To ensure the adequate provision of safe and convenient traffic access, connectivity to other 11 developments or facilities, and efficient circulation (both vehicular and pedestrian) in new land 12 developments. 13 (5) To ensure the provision of needed open space and building sites in n ew land developments 14 through dedication or reservation of land for recreational, educational, environmental, green 15 space, bikeways and pedestrian trails, and other public purposes. 16 (6) To ensure equitable handling of all requests for the subdivision of l and by providing uniform 17 procedures and standards for the subdivider. 18 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 19 Sec. 50-5. - Conflicts. 20 Where conflicts exist between this chapter and other city regulations and policies, either the most 21 restrictive or the city's written interpretation shall prevail. 22 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 23 Secs. 50-6—50-42. - Reserved. 24 ARTICLE II. - AUTHORITY AND APPLICATION 25 Sec. 50-43. - Portions of state Constitution adopted. 26 8 These subdivision rules and regulations are adopted under the authority of the following portions o f 1 the 1983 Constitution of the State of Georgia: 2 (1) Article IX, section II, paragraph I; and 3 (2) Article IX, section II, paragraph IV. 4 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 5 Sec. 50-44. - Preliminary plat required. 6 Any subdivider of land, except for land subdivided for minor subdivisions or proposed subdivisions of 7 land approved through the zoning process, within the incorporated city shall submit to the director of the 8 community development department a preliminary plat of the proposed subdivision conforming to all the 9 requirements set forth in these regulations and any other applicable county, state and federal regulations. 10 The director of the community development department shall approve or deny t he preliminary plat based 11 on the planning commission recommendations in accordance with the process described in section 50 -12 91. Once the preliminary plat is approved, a minor plat or final plat must be filed which conforms to all 13 requirements set forth in these regulations. 14 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 15 Sec. 50-45. - Unlawful to sell or transfer subdivided land without minor or final plat confirmation. 16 No person, firm, corporation, owner, agent or subdivider shall sell, transfer or agree to sell any 17 subdivided land without the minor or final plat of that subdivision having been confirmed by the mayor and 18 city council. 19 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 20 Sec. 50-46. - Approval and permits required prior to construction. 21 No subdivider shall proceed with any construction work on the proposed subdiv ision, including 22 clearing, grading or grubbing, before obtaining the appropriate approvals and permits. 23 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 24 Sec. 50-47. - Approval and confirmation required prior to dedicating, extending or accepting public 25 street. 26 9 No land shall be dedicated, opened, extended or accepted as a public street or for any other public 1 purpose before obtaining final approval from the director and confirmation by the mayor and city council. 2 The approval shall be entered in writing on the final plat by the director. Any subdivider of property for 3 public purpose (other than streets) shall be transferred by deed. 4 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 5 Sec. 50-48. - No building permit issued unless legal access to street approved. 6 No building permit shall be issued within the incorporated area of th e city unless legal access is 7 provided to a public street or a private street approved under the terms of these rules and regulations. 8 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 9 Sec. 50-49. - Residential subdivision building permit issued only after approval and confirmation of 10 minor or final plat. 11 In residential subdivisions, building permits may be issued on the basis of any approved minor plat or 12 final plat only after the approval of the mayor and city council's confirmation. 13 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 14 Sec. 50-50. - Court ordered divisions of property excepted from this chapter. 15 The divisions of property by court order including, but not limited to, judgments of foreclosure or 16 consolidation and disbursement of existing lots by deed or other recorded instruments, shall not be 17 considered a subdivision for purposes of, and shall not obviate the necessity for compliance with, these 18 regulations. 19 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 20 Sec. 50-51. - Model home regulations. 21 (a) The subdivider shall be allowed one building permit for a model home for each 15 lots located in the 22 proposed subdivision; provided the subdivider provides an agreement to install improvements for a 23 cash surety equal to 125 percent of the cost for the remaining infrastructure improvements, based on 24 written estimates by the design professional for the project. Notwithstanding the permitted rate for 25 model homes, the maximum number of building permits for model homes to be allowed in any one 26 subdivision shall not exceed ten. 27 10 (b) The following shall apply for lots where model homes are allowed: 1 (1) The lots shall be located within 300 feet of an active fire hydrant; 2 (2) Main sewer and water lines for these lots shall be installed by the developer and be subject to 3 review and approval by Fulton County; installation of these lines shall take place prior to 4 issuance of the certificate of occupancy; and 5 (3) The lots shall have a minimum 20 -foot wide fire access road extending from a paved public 6 street to within 100 feet of the proposed structure. 7 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 8 Secs. 50-52—50-70. - Reserved. 9 ARTICLE III. - REQUIREMENTS 10 DIVISION 1. - GENERALLY 11 Sec. 50-71. - Compliance with city procedures and guidelines required. 12 All proposals to subdivide combine or recombine parcels of land under the provision of these 13 regulations shall be in compliance with the City of Milton's Standard Procedures and Guidelines for 14 Subdividing Property. 15 (1) All final plats, replats and minor plats shall have the consent of the owners of all affected lots 16 shown on said plat. Replats or new plats showing modifications to common areas shall require 17 the consent of owners of all lot s shown in the original final plat. 18 (2) Proposals for the subdivision, combination or recombination of lawful previously platted lots or 19 parcels, or portions thereof, shall be in compliance with the zoning ordinance (chapter 64). 20 (3) If construction activity contemplated results in the disturbance of an area of 5,000 square feet 21 or more, a land disturbance permit must be approved along with any building permit prior to 22 construction. 23 (4) Where a proposed lot fronts an existing public street, the subdiv ider shall improve the street 24 along the lot's frontage to the applicable standards of these regulations and any standard 25 details as determined by the director. 26 (5) All slope, drainage and utility easements, as well as necessary right -of-way widths (as 27 determined by the director) on an existing public street, paved or unpaved, shall be provided by 28 the subdivider at no cost to the city. 29 11 (6) Each proposed lot shall comply with the requirements of the Fulton County Department of 1 Health, whose certification of approval shall accompany the submission of the final plat to the 2 director. 3 (7) A minor plat proposal, as defined in section 50-1, may be exempt from traffic and drainage 4 studies and tree surveys, when an analysis is submitted and concludes that the de velopment 5 would have no negative impact on traffic or drainage. 6 (8) Each lot created under the provisions of a minor plat shall not subsequently be re -subdivided 7 pursuant to the provisions of a minor plat. Notwithstanding the foregoing prohibition, if a re-8 subdivision of a lot does not create any lots with an area less than 3 acres, the Community 9 Development Director may approve the minor plat when the Community Development Director 10 finds the proposed re-subdivision to be in the best interest of the city. 11 (9) For the division of land in the AG-1 (Agricultural) zoning district adjacent to or has access to 12 unpaved roads, the following rules shall apply: 13 a. Each proposed lot shall contain a minimum area of three acres. 14 b. Each proposed lot shall provide at least 100 feet of road frontage, the minimum dimension 15 of which shall be maintained to the building line of the lot. 16 c. Each proposed lot shall provide at least 200 feet of lot width at the building line. 17 (10) For the division of land in O-I, C-1, C-2, MIX, and M1-A, M-1 and M-2 zoning districts, after 18 initial development of the property, the following standards shall also apply: 19 a. A proposed lot fronting an existing public street shall contain the necessary frontage 20 required by the zoning ordinance (chapter 64). 21 b. The subdivider shall submit documentation of the necessary easements providing for 22 access to a public street for proposed lots that front only on an existing, documented, 23 paved private street or driveway. 24 c. All slope, drainage and utility easements, as well as necessary street rights -of-way (as 25 determined by the director) shall be provided by the subdivider at no cost to the city. 26 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 27 Secs. 50-72—50-90. - Reserved. 28 DIVISION 2. - PROCESS 29 Sec. 50-91. - Preliminary plat approval. 30 Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight 12 (a) All preliminary plat applications shall be reviewed by the community development department staff 1 for completeness. A preliminary plat application shall be deemed to be complete if the application 2 complies with all applicable city, county, state and f ederal regulations. If staff determines that an 3 application is not complete, the applicant will be notified of any deficiencies and provided the 4 opportunity to revise the plat to correct the identified deficiencies without the need for the filing of a 5 new application. If staff determines that previously identified deficiencies remain in any corrected 6 preliminary plat, staff may reject the application entirely or request that the applicant submit a new 7 corrected preliminary plat. 8 (1) For preliminary plats, after staff determines that the application is complete, the community 9 development director shall forward the application to the planning commission for public 10 hearing, review, comment and recommendation. 11 (2) The planning commission shall conduct a public hearing and shall review the preliminary plat at 12 its next available regularly scheduled meeting and shall provide comments and make 13 recommendations regarding the plat to the community development director. 14 a. Notification of planning commission meeting. 15 1. The applicant or agent shall post a sign as directed by the community development 16 department in a conspicuous location on each street frontage of the subject property 17 at least 14 days prior to the planning commission meet ing. It will be the applicant's 18 responsibility to ensure the posting remains in a conspicuous location on site until 19 after the scheduled planning commission meeting. 20 2. The department shall give notice of the planning commission meeting by regular mail 21 to all property owners or current residents within 500 feet of the boundaries of the 22 subject property and a minimum of 75 owners who appear on the city tax records as 23 retrieved by the city's geographic information system in the surrounding area around 24 the subject property, which 75 owners may include those located within 500 feet of the 25 subject property. The notices shall be mailed a minimum of 14 days prior to the 26 planning commission meeting. 27 3. The mailed notices shall contain the time, place, and purpose of the planning 28 commission meeting, the location of the property, and description of the proposed 29 subdivision. The posted sign shall include all of the items required in the mailed notice 30 except the location of the property. 31 (3) Upon receipt of the comments and recommendations of the planning commission with respect 32 to the preliminary plat, the community development director shall implement the comments and 33 recommendations of the planning c ommission by either approving the preliminary plat, denying 34 13 the preliminary plat, or returning the preliminary plat to the applicant for revision consistent with 1 the comments and recommendations of the planning commission. 2 (b) Preliminary plat approval shall continue in effect for a period as follows or for as long as 3 construction activity is continuous and at least 25 percent of the land area within the preliminary plat 4 has received final plat approval, whichever is longer: 5 (1) Two years for subdivisions of 50 lots or less. 6 (2) Three years for subdivisions of more than 50, but less than 300 lots. 7 (3) Four years for subdivisions of more than 300 lots. 8 Accordingly, if the preliminary plat approval expires, a new application must be submitted and shal l 9 be subject to the regulations in effect at the time of such submission. 10 11 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 12 Sec. 50-92. - Land disturbance permit. 13 (a) Following preliminary plat approval, site development plans shall be submitted for approval prior to 14 any defoliation or the commencement of development activities on the subject property. Approval of 15 such plans shall result in the issuance of a duly a uthorized land disturbance permit which, along with 16 the approved plans, must be maintained on the site until all site work, as proposed and approved, is 17 completed. 18 14 (b) An application for a permit for any proposed work shall be deemed to have been abandon ed 180 1 days after the date of filing, unless such application has been pursued in good faith or a permit has 2 been issued, except that the director is authorized to grant a maximum of two extensions of time not 3 exceeding 90 days each. The extension shall be requested in writing and justifiable cause 4 demonstrated. 5 (c) Prior to the issuance of a land disturbance permit, an indemnity agreement form must be filed by the 6 subdivider protecting the city against damage, repair or maintenance claims and liability arising out 7 of drainage problems. The director, or his or he r designee, is hereby authorized to execute such 8 agreements on the city's behalf. 9 (d) Every permit issued shall become invalid unless the work on the site authorized by such permit is 10 commenced within 180 days after its issuance, or if the work authorize d on the site by such permit is 11 suspended or abandoned for a period of 180 days after the time the work is commenced. The 12 director is authorized to grant, in writing, a maximum of two extensions of time, for periods not more 13 than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 14 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 15 Sec. 50-93. - Final plat approval. 16 (a) Whenever the provisions of these rules and regulations have been complied with and while the 17 preliminary plat approval is in effect, the subdivider may submit to the community development 18 director an application for final plat review and approval purs uant to these regulations. All required 19 infrastructure shall be completed and approved, or performance bonds for a portion of such 20 improvements shall be filed in accordance with subsection (c) of this section prior to filing for final 21 plat approval. 22 (b) The final plat shall be submitted and drawn to the specifications of the Georgia Plat Act and the 23 standards of the city. 24 (c) Prior to the approval of a final plat, the following must be provided by the subdivider, or his or her 25 designee: 26 (1) Cash assurance in an amount equal to 125 percent of the cost of infrastructure improvements 27 not yet in compliance. Said cash bond shall be maintained until the improvements have been 28 approved by the city; 29 (2) Maintenance bond to ensure the viability of infrastruct ure improvements; 30 (3) Drawings demonstrating the "as-built" conditions of the site, or cash assurance that such will 31 be provided within 30 days; 32 15 (4) An electronic format acceptable to the public works department containing data about the 1 sanitary sewer and water systems where available; 2 (5) Signed release of the project by the development inspector; and 3 (6) Recorded deed to the city for any dedicated space. 4 (d) All final plat applications shall be reviewed by the community development department s taff for 5 completeness. A final plat application shall be deemed to be complete if the application complies 6 with all applicable city, county, state and federal regulations. If staff determines that an application is 7 not complete, the applicant will be notif ied of any deficiencies and provided the opportunity to revise 8 the plat to correct the identified deficiencies without the need for the filing of a new application. If staff 9 determines that previously identified deficiencies remain in any corrected final p lat application, staff 10 may reject the application entirely or request that the applicant submit a new corrected final plat. 11 (e) For all final plats, after staff determines that the application is complete and signed accordingly, the 12 community development director shall forward the application to the mayor and city council for 13 consideration and approval. The mayor and city council shall review the final plat at their next 14 regularly scheduled meeting and shall approve the plat unless the plat substantially differs from the 15 previously approved preliminary plator is inconsistent with any specific adopted plans or policies. 16 (f) A final plat application may be denied without prejudice, thereby allowing the applicant to resubmit a 17 revised plat for consideration without the necessity of paying a new application fee, if the application 18 is found to be substantially different from the previously approved preliminary plat, inconsistent with 19 any specific adopted plans or policies, or inconsistent with the public health, safety and welfare. 20 (g) The final plat shall be considered approved upon the vote of approval by the mayor and ci ty council. 21 (h) After being approved by the mayor and city council, the city shall cause the final plat to be recorded 22 with the clerk of the superior court of Fulton County. 23 (i) Should the final plat application be denied, the basis for the denial shal l be stated in writing to the 24 applicant. The subdivider may file an appeal in accordance with section 50 -232. 25 16 1 2 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 3 Sec. 50-94. - Minor plat approval. 4 (a) For a minor plat, after staff determines that the application is complete, the community development 5 director shall review the minor plat and shall approve the plat unless the plat is inconsistent with any 6 specific adopted plans or policies, or is inconsistent with the public health, safety and welfare. 7 (1) Should the community development director not approve the minor plat, the basis for the denial 8 shall be stated in writing to the applicant. The subdivider may file an appeal in accordance with 9 section 50-233. 10 (b) After the review and approval by the community development director, a minor plat shall be placed 11 on the consent agenda of the mayor and city council meeting. 12 (c) After being confirmed by the mayor and city council, the city shall caus e the final plat to be recorded 13 with the clerk of the superior court of Fulton County. 14 17 1 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 2 Secs. 50-95—50-112. - Reserved. 3 ARTICLE IV. - GENERAL PRINCIPLES OF THE LAND 4 Sec. 50-113. - Suitability of the land. 5 Land subject to flooding, improper drainage, erosion, and deemed unsuitable for development in 6 accordance with the city's standards shall not be platted for any use that may continue such conditions or 7 increase the danger to health, safety, life, or property unless steps are taken to eliminate the hazards 8 mentioned in this section. 9 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 10 Sec. 50-114. - Access. 11 (a) Unless otherwise herein noted, every subdivision shall be served accessed by publicly dedicated 12 streets, or private streets or modified, single-family residential, access or shared (private drive) 13 driveways in accordance with the following: 14 (1) The proposed streets access shall meet the city's standards and regulations. 15 Formatted: Font: Not Italic 18 (2) No access road intended to be private is to be extended to serve property outside that 1 development unless approved by the public works department. 2 (3) In residential subdivisions, the any private roads access shall be maintained by a mandatory 3 homeowners' association and documents of incorporation shall be submitted to the director of 4 community development for review and approval prior to the recording of the final plat. 5 (4) The subdivider shall provide all necessary easements for ingress and egress for police, fire, 6 emergency vehicles and all operating utilities. 7 (5) The final plat of any subdivision that contains private streets or access shall clearly state that 8 such streets or access are private. streets. 9 (6) In subdivisions approved under the provisions of a minor plat and where the minimum lot size is 10 three acres or greater the lots may be served by a modified, single-family residential, access or 11 shared (private drive) driveway designed to fire department access standards. When such access is 12 provided the final plat shall clearly indicate the necessary access easements. The access easements 13 shall be privately maintained. 14 (b) When land is subdivided, the created parcels shall be arranged and designed so as to allow for the 15 opening of future streets and provide access to those areas not presently served by streets. 16 (c) No subdivision shall be designed so as to completely eliminate street access to adjoining parcels of 17 land without current street access. 18 (d) Lots may share access as stipulated herein. Lot frontage and access do not necessarily have to be 19 along or front the same public street, if approved by the director. 20 (e) The director shall have the right to encourage design of the subdivision in a manner that will: 21 (1) Enhance traffic circulation and other community needs; 22 (2) Encourage pedestrian traffic to schools, parks, existing and planned greenspace corrido rs, and 23 neighborhood shopping centers; 24 (3) Reduce impacts on streams and lakes; 25 (4) Reduce unwanted noise, lights on neighboring lots; and 26 (5) Discourage vehicular speeding on local streets. 27 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 28 Sec. 50-115. - Conformance to city comprehensive plan. 29 Formatted: Font: Not Italic 19 (a) All proposed subdivisions shall conform to the city comprehensive plan and development policies in 1 effect at the time of submission. 2 (b) The director shall not approve plats when such planned features, as specified by the 3 comprehensive plan, are not incorporated into the plat. 4 (c) Whenever the plat proposes the dedication of land for public use and the director o r the appropriate 5 agency finds that such land is not acquired consistent with the appropriate agency plans, policies, or 6 priorities, the director may either refuse to approve the plat, or require the rearrangement of lots to 7 include such land. 8 (d) If a development is proposed within one mile of any roadway operating at a level of service "D" or 9 worse, in accordance with the county transportation standards, a traffic mitigation action plan must 10 be submitted and approved by the director prior to the issuanc e of a land disturbance permit. 11 (e) The term "greenspace," as referred to in this chapter, means a permanently protected land including 12 agricultural and forestry land that is in its undeveloped, natural state or that has been developed only 13 to the extent consistent with, or is restored to be consistent with, one or more of the following 14 purposes: 15 (1) Water quality protection for rivers, streams, and lakes; 16 (2) Flood protection; 17 (3) Wetlands protection; 18 (4) Reduction of erosion through protection of steep slopes, areas with erodib le soils, and stream 19 banks; 20 (5) Protection of riparian buffers and other areas that serve as natural habitat and corridors for 21 native plant and animal species; 22 (6) Scenic protection; 23 (7) Protection of archaeological and historic resources; 24 (8) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, 25 jogging, biking, walking, and similar outdoor activities; and 26 (9) Connection of existing or planned areas contributing to the purposes set out in this section. 27 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 28 Sec. 50-116. - Zoning and other regulations. 29 20 (a) No subdivision shall be created or recorded that does not comply with the standards of the zoning 1 ordinance (chapter 64) and the approved conditions of zoning for the property. 2 (b) Whenever there is a discrepancy between minimum standards or dimensions noted herein and 3 those contained in the zoning regulations, building co des, or other official regulations or resolutions, 4 the most restrictive shall apply unless set forth in the conditions of zoning. 5 (c) All proposed subdivisions shall comply with the county city stormwater design manual. 6 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 7 Sec. 50-117. - Amendments. 8 (a) Modifications of the provisions set forth in these regulations may be approved by the director when 9 granting of such modification will not adversely affect the general public or nullify the intent of these 10 regulations. 11 (b) Should the director deny a request to modify in accordance with subsection (a) of this section, the 12 applicant may appeal the director's decision in accordance with section 50-231. 13 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 14 Secs. 50-118—50-136. - Reserved. 15 ARTICLE V. - CONSERVATION SUBDIVISION 16 Secs. 50-137—50-155. - Reserved. 17 ARTICLE VI. - DESIGN STANDARDS 18 Sec. 50-156. - Compliance with this article required. 19 All applicable design standards as set forth in this article and the standard details shall be observed 20 in all plats as approved by the director. 21 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 22 Sec. 50-157. - Streets. 23 All streets, public or private, shall be constructed to the construction standards of the city's public 24 works department. 25 21 (1) The arrangement, character, extent, width, grade, and location of all streets shall conform to 1 the city comprehensive plan and shall consider their relation to existing and planned streets, 2 topographical conditions, and appropriate relation to the pro posed uses of the land to be served 3 by such streets. 4 (2) The streets serving residential subdivisions shall be arranged and designed such that their use 5 for through traffic will be discouraged. 6 (3) Where a subdivision contains a dead -end street or stub-street other than a cul-de-sac, the 7 subdivider shall provide a temporary cul -de-sac within the right-of-way. Where a temporary cul-8 de-sac is required, the subdivider shall be responsible for maintaining and for the construction 9 of the final street connection or turnaround as required. 10 (4) Where a subdivision abuts or contains an existing or proposed street classified as a collector 11 street or higher, the director may require frontage streets. Double frontage lots may be required 12 to have screening and no access easements along lot lines fronting on arterials or collector 13 streets. Deep lots with rear service drives, or other treatment as may be necessary for adequate 14 protection of residential properties, may be required to afford separation of through and local 15 traffic. 16 (5) Where a subdivision borders on or contains a railroad right -of-way, or a full or partial access 17 control facility right-of-way, the director may require a street approximately parallel to and on 18 each side of the right-of-way. 19 (6) Street right-of-way widths for major streets shall be dedicated as specified in the city 20 comprehensive transportation plan and the right -of-way dedication and reservation plan. Other 21 street right-of-way widths shall be not less than as specified under section 50 -160. 22 (7) Where a subdivision abuts an existing street, the subdivider shall dedicate additional right -of-23 way on the existing streets to meet the requirements as set forth in the right -of-way dedication 24 and reservation plan. 25 (8) New road grades should be as indicated in the following table: 26 Street Type New Road Grade (maximum) Collector 8% Major subdivision street 12% (1) Formatted: Superscript 22 Minor subdivision street 14% Driveway, modified, single-family residential, access or shared (private drive) 10% (2) 1 Notes— (1) Grades exceeding 12 percent shall not exceed a length of 250 feet. 2 (2) Or as approved by the City of Milton Fire Marshal 3 (9) Interparcel access shall be provided to adjacent properties upon determination by the director 4 that such access is in the best interest of the public health, safety, or welfare. In residential 5 subdivisions, where private streets are proposed, the direc tor may require a public street for 6 interparcel connection purposes; the director may also require a shared access. 7 (10) Alignment. 8 a. Minimum vertical. All local roads with 25 miles per hour designs shall be connected by 9 vertical crest curves of a minimum length not less than 12 times the algebraic difference 10 between the rates of grade, expressed in feet per hundred. All local roads with a 25 miles 11 per hour design speed shall be connected by vertical sag curves of minimum length not 12 less than 26 times the algebraic difference between the rates of grade, expressed in feet 13 per 100. In any case, the sight distance shall meet the minimum requirements of this 14 article. 15 1. In proposed approaches of new streets to intersections with existing streets, there 16 shall be a suitable leveling of the street at a grade not exceeding three percent and for 17 a distance of not less than 50 feet as measured from the back of the curb of t he 18 intersecting street. 19 2. In approaches to intersections internal to residential subdivisions, there shall be a 20 suitable leveling of the street at a grade not exceeding five percent and for a distance 21 of not less than 50 feet as measured from the center point of the intersection. 22 b. Minimum horizontal; radii of centerline curvature. The minimum horizontal shall be not less 23 than the following: 24 1. Major subdivision street designed for 35 miles per hour: 200 feet. 25 2. Other major subdivision street: 100 feet. 26 3. Minor subdivision street: 100 feet. 27 Formatted: Superscript Formatted: Normal, Indent: Left: 0.5", First line: 0.5", Line spacing: 1.5 lines 23 c. Tangents; between reverse curves. The minimum tangents shall be not less than the 1 following: 2 1. Major subdivision streets designed for 35 miles per hour: 100 feet. 3 2. Other major subdivision street: 50 feet. 4 3. Minor subdivision street, where there is no super-elevation: 50 feet. 5 d. Intersection visibility requirements. 6 1. Roadways and their intersections shall be designed such that the proper sight 7 distance is maintained. 8 2. Minimum sight distance shall be determined by the operating speed of the road as 9 determined by the public works department. 10 3. Intersection sight distance shall be no less than the following: 11 Minimum Sight Distance Feet Speed (in mph) 280 25 335 30 390 35 445 40 500 45 610 55 12 4. Minimum horizontal visibility shall be measured on the centerline. 13 5. When a proposed curb cut intersects an existing roadway, the minimum visibility shall 14 be provided as follows: 15 24 (i) When measuring in the horizontal plane, the intersection sight distance is 1 determined with the following assumptions. 2 A. The driver's eye location is to be assumed at the centerline of the exiting 3 lane of the proposed curb cut behind the stop bar. 4 B. The object location is to be ass umed at the centerline of the closest 5 oncoming lane for each direction. 6 (ii) When measuring in the vertical plane, intersection sight distance is determined 7 with an assumed height of driver's eye and an assumed height of the object of 8 three and one-half feet. 9 (iii) When measuring in either plane, the line of sight must remain in the proposed 10 dedicated right-of-way, unless sufficient easements, maintenance agreements, 11 indemnifications agreements are provided, or additional right -of-way is dedicated. 12 e. Stopping sight distance visibility requirements. 13 1. Roadways and their intersections shall be designed such that proper stopping sight 14 distance is maintained. 15 2. Minimum sight distance shall be determined by the design speed of the proposed road 16 as determined by the public works department. 17 3. Stopping sight distance along a roadway shall be no less than the following: 18 Stopping Sight Distance Visibility Requirements Feet Speed (in mph) 155 25 200 30 250 35 19 4. Minimum vertical visibility for stopping sight distance along the roadway shall be 20 determined by measuring between two points of which the height of the driver's eye 21 25 shall be assumed at three and one-half feet to an assumed object which is two feet in 1 height. The line of sight must remain within the proposed dedicated right -of-way, 2 unless sufficient easements, maintenance agreements, and indemnification 3 agreements are provided, or additional right-of-way is dedicated. 4 5. Minimum horizontal visibility for stopping sight distance shall be measured on the 5 centerline. 6 (11) Street intersections shall be as nearly at right angles as possible, and no intersection shall be 7 at an angle less than 80 degrees. Detailed designs o f intersections shall be required to include 8 all striping and pedestrian crosswalks. Pedestrian crossing signs and signals may be required. 9 (12) The curbline radius at street intersections shall parallel the right -of-way radius. 10 (13) Right-of-way radius. The right-of-way radius at street intersections shall be at least 20 feet, 11 and where the angle of intersection is less than 90 degrees, the public works department may 12 require a greater radius. 13 (14) The centerline offsets on streets internal to a resi dential subdivision shall not be less than 200 14 feet. The centerline offsets for all other streets and curb cuts providing access to developments 15 shall not be less than 300 feet, except greater centerline offsets may be required by the director. 16 (15) Cul-de-sac streets shall be designed so that the maximum desirable length shall be 600 feet. 17 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 18 Sec. 50-158. - Blocks. 19 (a) The lengths, widths, and shapes of blocks shall be determined with due regard to: 20 (1) Provisions of adequate building sites suitable to the special needs of the type of use 21 contemplated; 22 (2) Zoning requirements as to lot sizes and dimensions unless a planned unit development is 23 contemplated; 24 (3) Needs for convenient access, circulation, control and safety of street traffic; and 25 (4) Limitations and opportunities of topography. 26 (b) Residential blocks shall be wide enough to provide two tiers of l ots, except where fronting on streets 27 classified as a collector street or higher or prevented by topographical conditions or size of the 28 property. The director may require or approve a single tier of lots of minimum depth. 29 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 30 26 Sec. 50-159. - Lots. 1 (a) The size, shape, arrangement, orientation of every lot shall be subject to the director's approval for 2 the type of development and use contemplated. Proposed internal lot lines (not on the street side) 3 shall not be curved. 4 (b) Every lot shall conform to the dimension, area, and size requirements of the zoning ordinance 5 (chapter 64) and conditions of zoning. 6 (c) Lots not served by a public sewer or community sanitary sewerage system and public water shall 7 meet the dimension and area requirements of the department of health. 8 (d) Double frontage lots shall be prohibited, except as approved by the director provided that such lots 9 are essential to provide separation of residential development from traffic arteries or to overcome 10 specific disadvantages of topography, orientation, and property size. A planted screen may be 11 required along lot lines abutting a traffic artery or other use that would have potential negative 12 impact. 13 (e) The creation of remnant lots that are below minimum standards shall be p rohibited unless such lots 14 are designated as common area on the final plat and maintained by the homeowners' association or 15 some other entity approved by the city. 16 (f) Each lot shall have direct access to an abutting, existing public street or to a stree t contained within 17 the proposed subdivision. A connection through an approved private drive may be permitted by the 18 director. 19 (g) The subdividing of land adjacent to or surrounding an existing or proposed lake where lots abutting 20 the lake shall be drawn to the centerlines of the lake or identified a common area, maintained by the 21 homeowner's association. 22 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 23 Sec. 50-160. - Subdivision streets. 24 (a) The minimum requirements for major subdivision streets shall be as follows: 25 (1) Right-of-way: 50 feet. 26 (2) Pavement width: 24 feet back of the curb to back of the curb. 27 (3) Cul-de-sac: 28 a. Right-of-way: 50-foot radius with a ten-foot radius landscape island. 29 b. Pavement width: 40-foot radius to back of the curb. 30 27 (4) Sidewalks. In accordance with section 50 -182(d). 1 (5) Street trees. If required by the director, street trees shall be installed on both sides at a spacing 2 approved by the city arborist. 3 (b) The minimum requirements for minor subdivision streets shall be as follows: 4 (1) Right-of-way: 44 feet. 5 (2) Pavement width: 22 feet back of the curb to back of the curb. 6 (3) Cul-de-sac: 7 a. Right-of-way: 42-foot radius with a eight-foot radius landscape island. 8 b. Pavement width: 32-foot radius to back of the curb. 9 (4) Sidewalks. In accordance with section 50 -182(d). 10 (5) Street trees. If required by the director, street trees shall be installed on both sides at a spacing 11 approved by the city arborist. 12 (c) For streets other than mentioned in subsections (a) and (b) of this section, the director shall 13 determine the required cross section. For modified, single-family residential, access or shared 14 (private drive) driveways the design standards shall comply with the standards set forth herein and 15 the Appendix D-Fire Apparatus Roads of the International Fire Code (latest edition). The City of 16 Milton Fire Marshal may approve variances from these design standards provided the public hea lth, 17 safety and welfare is protected and the variance is in the best interest of the City of Milton. 18 (d) All residential subdivision streets shall be designed for a maximum of 25 miles per hour. The 19 director may require that subdivision streets that will not provide direct residential access be 20 designed for up to 35 miles per hour. 21 (e) Where streets are longer than 600 feet, traffic calming devices shall be incorporated to include 22 green space, islands, residential roundabouts, or other traffic calming devices as approved by the 23 director. Where traffic calming devices such as speed bumps are used, they s hall not exceed six 24 inches in height. The minimum distance between individual devices shall not be less than 500 feet, 25 and shall not be more than 900 feet. All services must conform to the city's design standards. 26 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 27 Sec. 50-161. - Gated communities. 28 Gates installed in subdivisions with more than one lot shall comply with the following: 29 Formatted: Font: Not Italic 28 (1) Plan approval and a permit s hall be obtained prior to installing of any gates. The permit fee 1 shall be calculated in accordance with applicable building permit fees. Gates shall not prohibit 2 public access to dedicated areas as defined within these regulations. 3 (2) No gate shall be installed within the city's right-of-way. 4 (3) The gate shall not create a dead end street without first installing a cul -de-sac conforming to 5 the city's standards on a dead-end street exceeding 250 feet in length. 6 (4) Gates shall provide for stacking distance, turnaround and emergency vehicle access as 7 required by the city. 8 (5) Gate permits may be denied based on traffic conditions, interconnectivity needs, and when not 9 in compliance with adopted guidelines. 10 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 11 Secs. 50-162—50-180. - Reserved. 12 ARTICLE VII. - REQUIRED IMPROVEMENTS 13 Sec. 50-181. - Utility improvements required by this article. 14 Every subdivider shall be required to install or have installed the appropriate public utility and 15 improvements referred to in this article as found in the following documents: 16 (1) Department of Public Works: Standard Plans. 17 (2) Fulton County Comprehensive Storm Drainage and Criteria Manual. 18 (3) Sewer Regulations of Fulton County. 19 (4) City of Milton Tree Preservation Ordinance. 20 (5) Utility Accommodation: Guidelines and Procedures. 21 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 22 Sec. 50-182. - Streets. 23 (a) Grading. The required improvements for street grading shall be as follows: 24 (1) All street rights-of-way shall be cleared and graded to standards of the public works 25 department. 26 (2) Finished grades shall be at levels approved in accordance with the standard plans. 27 29 (3) When property adjacent to the street is not owned by the subdivider, he or she shall obtain the 1 necessary easements of sloping banks before submitting for a land disturbance permit (LDP). 2 (b) Street paving/striping. The required improvements for street paving/striping shall be as follows: 3 (1) All street pav ing widths shall be in conformance with standards set forth in article VI. 4 (2) Street pavement shall be installed according to standards adopted by the mayor and city 5 council. 6 (3) Striping shall be installed according to standards adopted by the mayor and city council. 7 (4) On all roads adjacent to a development, the adjacent lane of the road must be widened to 8 provide a 12-foot lane. The road must be milled and repaved throughout the subdivision 9 frontage and along the roadway improvements, whichever is greater. The road must either be 10 resurfaced from edge to edge, or it must be milled and repaved to the centerline. No more than 11 one inch vertical drop may be allowed at the pavement/gutter joint and a maximum of six inches 12 of exposed curb must be retained. 13 (5) No striping should be provided on subdivision streets designed for 25 miles per hour, except for 14 stop bars and 50 feet of double yellow centerlines, to be located at each entrance to the 15 subdivision. 16 (c) Curbs and gutters. The required improvements for curbs and gutters shall be as follows: 17 (1) Curbs and gutters shall be installed on all streets except noted herein. Installations shall be in 18 accordance with standards adopted by the mayor and city council. 19 (2) Curbs and gutters shall be of a straight or standard construction on one or both sides where 20 sidewalks are required. 21 (3) Curbs and gutters may be waived by the director if the sidewalk along the same portion of the 22 roadway is set back a minimum of 12 feet from the edge of pavement and d rainage is 23 adequately addressed. Setbacks greater than 12 feet may be required by the director. 24 (d) Sidewalks. The required improvements for sidewalks shall be as follows: 25 (1) Introduction. 26 a. Purpose. The objective is to provide facilities that ensu re safe pedestrian movement in the city. 27 b. Intent. Sidewalks are intended to provide a safe pedestrian connection between the 28 subdivision/development and nearby destinations. Pedestrians consist of children walking to 29 and from school and neighborhood ac tivities, as well as adults walking to and from 30 neighborhood shopping and transit stops. In addition to the need for sidewalks for circulation 31 and safety, sidewalks can be important elements in the recreational system of this community. 32 They can also serve as walking and hiking trails. 33 Formatted: list1 30 (2) Performance approach. 1 a. Performance factors. The performance approach shall be applied in determining the need 2 for sidewalks. In this case, the decision to require a development to provide sidewalks shall 3 be made on a case-by-case basis. 4 b. Several basic factors shall be used in applying the performance approach. These are street 5 classification and current/potential future volume of pedestrian traffic; residential land 6 use/development density; relation to residentia l areas; proximity of schools, school bus 7 stops, shopping areas; and proximity of parks, libraries, bike paths/pedestrian trails, 8 greenspace corridors, and other land uses , zoning overlay districts or form based code 9 areas. 10 1. Street classification and volume of pedestrian traffic. As traffic volume and road 11 speeds increase, there is more need for separate pedestrian ways to ascertain safety. 12 Sidewalks shall be provided along local streets, collectors, arterials, and private roads 13 according to the density standards in subsection (d)(2)b.2. of this section. 14 2. Residential land use and development density. 15 (i) Sidewalks shall be provided along both sides of all local streets where the 16 residential land use designation in the comprehensive plan is three un its/acre or 17 higher density. 18 (ii) Sidewalks shall be provided along at least one side of all local streets where the 19 residential land use designation in the comprehensive plan is one to two 20 units/acre. Residential land use designation of one unit or less shall be decided 21 on a case-by-case basis using the other factors contained in subsection (d)(2)b. 22 of this section. 23 3. Relation to residential areas. In general, sidewalks are intended to be within the street 24 right-of-way. This traditional location of sidewalks may be replaced in cluster 25 developments by a flexible pedestrian circulation system. Such a system would 26 connect individual dwelling units with other units, off-street parking, open space 27 systems, and recreational facilities. Also, this system may b e permitted to meander 28 through the development within prescribed sidewalk easements. If the sidewalk 29 leaves the right-of-way, an easement and indemnification agreement must be 30 provided for public access and maintenance. 31 4. Proximity of sSchools, and shopping areas active parks, zoning overlay districts or 32 from based code districts. 33 Formatted: Underline 31 (i) Sidewalks shall be required in subdivisions located within one -half mile of an 1 existing or proposed school or active park on both sides of any street that 2 provides access to such school or active park. Minor plats may be exempted 3 from the requirement to provide sidewalks internal to the subdivision if the 4 Community Development Director determines that the public health, safety and 5 welfare is protected and such exemption would be in the best interest of the City 6 of Milton. Subdivisions at each side of the street shall provide sidewalks at along 7 the corresponding frontage in accordance with Chapter 48, Section 562. 8 (ii) Sidewalks shall be provided within a distance of up to one-half mile along both 9 sides of streets leading to or going through shopping areas where required within 10 all zoning overlay districts and form based code districts as may be specified 11 within those regulations. 12 5. Proximity of parks, libraries, bike paths/pedestrian trails, greenspace corridors, and 13 other land uses. Sidewalks are needed in areas where the following nonresidential 14 land use designations exist: 15 (i) Sidewalks shall be required along both sides of all streets in commercial, living -16 working, and business park land use designation areas. 17 (ii) Sidewalks may be required in industrial subdivisions. 18 (iii) Sidewalks may be required within a distance of up to one mile along both sides 19 of the streets leading to or going through places of public as sembly/transit 20 facilities/other congested areas and other similar places deemed proper by the 21 director of community development for public necessity and safety. 22 6. Relation to established pattern of sidewalks. Notwithstanding the locational 23 requirement for sidewalks in subsection (d)(2) of this section, their future location 24 should follow the already established pattern of existing sidewalks (e.g., on one side 25 of the street, on both sides, etc.). 26 (3) General specifications. 27 a. Sidewalks shall be provided by the subdivider at no cost to the city. 28 b. Sidewalks shall have a minimum width of five feet indicated by a note on the preliminary 29 plat. 30 c. Sidewalks along roadways shall not be adjacent to street curbs without a minimum two -foot 31 landscape strip. 32 d. For nonresidential developments, sidewalks shall be a minimum of six feet wide. 33 Formatted: Not Highlight 32 e. Sidewalks must be provided on or adjacent to an individual lot prior to the issuance of a 1 certificate of occupancy. 2 f. Prior to the recording of the final plat, 125 percent of the cost of the internal sidewalks for 3 any residential subdivision must be performance bonded. This bond will be released when 4 all sidewalks internal to the development have been constructed and approved. All 5 required sidewalks must be provided internal to any residential subdivision within two years 6 of the recording of the final plat, otherwise, the bond is forfeited and the city will use the 7 funds to complete the sidewalk construction. 8 (4) Review guidelines. The director of community development may issue guidelines to facilitate 9 the application of the performance-based approach of subsection (d)(2) of this section including, 10 but not limited to, a point system. The intent is to ascertain fairness and consistency in the 11 application of this section. 12 (5) Exception. When the developer requests to install (within a development) sidewalks that are 13 not required by this chapter and at no cost to the city, the director of community development 14 may approve a reduction to a minimum width of four feet . 15 (e) Street trees. The required improvements for street trees shall be as follows: 16 (1) Street trees and other shrubbery that may be retained or planted shall not obstruct sight 17 distances and shall be subject to the director's approval. 18 (2) Street trees that may be required by the director along the street shall be of a species 19 approved as street trees in accordance with section 50 -160. 20 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 21 Sec. 50-183. - Water supply. 22 (a) Where a public water supply is within 300 feet, the subdivider shall install or have installed a system 23 of water mains and connect to such supply. The installation of mains and connections to each lot 24 shall be installed prior to the paving of the street, if possible. The installation shall include services 25 and meter boxes if it is connected to the North Fulton Water System. 26 (b) Where a public water supply is not available, each lot in a subdivisi on shall be furnished with a 27 water supply system approved by the health department. 28 (c) A separate water service connection shall be provided for each residential unit. Meters shall be 29 located as specified by the utility company. 30 (d) Fire hydrants shall be located and set in accordance with Fulton County and the City of Milton 31 Standard Plans, where applicable. In addition, the fire hydrants shall be serviced by the following: 32 33 (1) Not less than an eight-inch diameter main if the system is looped. 1 (2) Not less than an eight-inch diameter main if the system is not looped or the fire hydrant is 2 installed on a dead-end main exceeding 300 feet in length. Automatic flushing valves may be 3 required by Fulton County. 4 (3) In no case shall dead-end mains exceed 600 feet in length for main sizes less than ten inches. 5 (e) When required by the public works department, a reuse water irrigation distribution system to each 6 lot shall be installed. This system shall consist of an eight -inch diameter ductile iron pipe identified as 7 "nonpotable water," painted purple in accordance with standard pipe identification schedules, and 8 installed on the south or east shoulder of the right -of-way limit. All pipes and appurtenances must be 9 in accordance with the Fulton County Water Reuse Standards. Each property owner requesting an 10 irrigation meter shall connect to the reuse water main, if activated. 11 (f) If a subdivision is replatted and the originally platted lots ’ configuration is changed after the water 12 service lines have been installed, the water system shall be modified to properly serve each lot in 13 accordance with the Fulton County water specifications. 14 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 15 Sec. 50-184. - Sanitary sewerage system management. 16 (a) When public sanitary sewers are within 300 feet of the subdivision, the subdivider shall provide 17 sanitary sewer services to each lot within the bounds of the subdivision. All stre et sewers serving lots 18 in the subdivision shall be installed by the subdivider. A formula may be developed by the public 19 works department to provide for a sharing of the costs of sewerage facilities needed to serve the 20 subdivision and other subdivisions in the same drainage basin. 21 (b) When, in the written opinion of the health and wellness department and the public works 22 department, a public sanitary sewer is not accessible, an alternate method of sewage disposal for 23 each lot or a community sewerage disposal system may be used, when in compliance with the 24 standards of the health and wellness department and the Fulton County sewerage regulations. 25 (c) When the operation of a temporary sanitary sewerage system requires land to be set aside for a 26 disposal plant, the property owner shall give the county title to the property for as long as the plant is 27 in operation. The title may carry a reversionary clause returning the property to the owner when the 28 site is no longer necessary for the operation of the plant. 29 (d) In a drainage basin, which at the time of plat application is scheduled for a public sewerage system, 30 all subdivisions shall be provided with a temporary community sewerage disposal system as 31 approved by the public works department and the health an d wellness department. The system shall 32 34 include permanent sewerage outfall lines, plus a temporary treatment plant to be installed by the 1 subdivider. 2 (e) Whenever the installation of a sanitary sewer is required, as provided by these rules and 3 regulations, no new street shall be paved without the sewer being first installed in accordance with 4 the requirements of the sewer specifications of the city's public works department and the Fulton 5 County sewerage regulations. 6 (f) If a subdivision is replatted and the originally platted lots configuration is changed after the sewer 7 service lines have been installed, the sewer system shall be modified to properly serve each lot in 8 accordance with Fulton County sewer specifications. 9 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 10 Sec. 50-185. - Stormwater provisions. 11 (a) Stormwater management. Engineering and construction on any land within the city shall be carried 12 out in a manner as to maintain water quality and rate of runoff to protect neighboring persons and 13 property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion, or 14 deposition upon private property or public streets of water -transported silt and debris. 15 (1) Proper drainage plans shall be submitted for review by the department. These plans shall be 16 prepared by a professional engineer or landscape architect, currently registered to practice in 17 the state, with stamp affixed. 18 (2) The plans shall be accompanied by profiles of natural and proposed drainageways, including: 19 a. Storm pipes; 20 b. Cross sections; 21 c. Drainage swales; and 22 d. Downstream analysis. 23 (b) Design for stormwater management. 24 (1) The gGrading and drainage plans required by this section must be accompanied by a 25 hydrology study. This computation shallthat complies with be based on the one-, two-, ten-, and 26 25-year storm, or as required by the county the stormwater management ordinance . 27 (2) The purpose of the hydrology study is as follows: 28 a. Identify the surface water runoff quantity, quality and rate; 29 b. Establish runoff management control requirements for the development; 30 35 c. Furnish all design calculations for the management control facilities, surfa ce water 1 conveyance systems (before and after development runoff); and 2 d. Furnish design calculations for the volume of storage required. 3 (3) A schedule indicating the timing for planting or mulching for temporary or permanent ground 4 cover shall be submitted with these grading and drainage plans. 5 (4) Erosion control devices must be installed prior to the initiation of grading and construction; the 6 engineer must state this requirement on the engineering drawings. 7 (5) In order to ensure full complianc e with the approved construction plans, final plat approval will 8 be withheld until "as-built" drawings, prepared by a professional engineer or landscape architect 9 currently registered in the state, have been submitted and approved by the department in 10 accordance with section 50-93. No occupancy permit shall be issued until released by the 11 department. 12 (6) The owner shall be responsible for the maintenance of the storm drainage facilities during 13 grading and construction, and for a 15-month period following final plat approval. Maintenance 14 will be construed to include preserving the enclosing walls or impounding embankment of the 15 detention basin and permanent sedimentation ponds and security fences, in good conditions; 16 ensuring structural soundness, functiona l adequacy, and freedom from sediment of all drainage 17 structures; and rectifying any unforeseen erosion problems. 18 (c) Detention/retention design. 19 (1) General provisions. 20 a. Installation of properly functioning detention facilities, including outflow control devices, 21 shall be the responsibility of the owner. If any control devices are damaged or destroyed 22 during grading or construction, all processes shall cease until such devices are restored to 23 their functioning capability. The owner, through applica tion for grading or construction 24 permits, accepts the responsibility of maintenance of the control devices. 25 b. When serving more than three lots, detention ponds, retention ponds, and water quality 26 features (including all required access easements, lands cape strips, and fences) shall be 27 located on a separate parcel where no home can be constructed. This parcel shall be 28 owned and maintained by the homeowners' association or the owners of the lots being 29 served by this pond. The parcel shall have a minimum of 20-feetfoot-wide continuous 30 access to a public or private road in a manner that allows access and maintenance of this 31 parcel. In addition, this parcel will not be required to meet the normal lot standard. 32 (2) Layout design standards. The ponds layout shall provide for the following minimums: 33 a. Twenty-foot graded access easement; 34 36 b. Twenty-foot landscape strip for screening purposes; 1 c. Ten-foot access easement for maintenance; and 2 d. Six-foot-high fence. 3 (3) Alternative design standards. Applicants are encouraged to carry out innovative 4 detention/retention layout that is intended to make such facilities an attractive amenity or focal 5 point to the subdivision. To achieve that, the director may approve the following alternative 6 design standards in lieu of those in subsections (c)(1) and (c)(2) of this section: 7 a. Such alternative design should provide for attractive layout and means for 8 detaining/retaining/moving water. 9 b. The design should follow the natural land forms around the perimeter o f the basin. The 10 basin should be shaped to emulate a naturally formed depression. 11 c. Redistributing soils from basin construction to create natural landforms around the 12 perimeter of the basin is encouraged. These forms should be located strategically to filter 13 views or redirect and soften the views from residential areas. 14 d. Side slopes of basins must not exceed one -foot vertical for every four -foot horizontal. 15 Where possible, side slopes should be varied to imitate natural conditions. Associated 16 natural landforms should have side slopes no greater than one -foot vertical for every three-17 foot horizontal to accommodate lawn maintenance equipment. Varied slopes will be 18 encouraged. 19 e. The applicant should consider the use of plant materials that naturally grow in the area. 20 Trees and shrubs should be grouped in informal patterns to emulate the natural 21 environment. The intent is to soften the views of these basins. 22 (4) Design guidelines. The director may issue design guidelines illustrating details of the s tandards 23 in subsection (c)(3) of this section. 24 (d) Storm drain system stenciling/identification. 25 (1) All residential subdivision and commercial entity storm drainage structures or facilities (e.g., 26 catch basins, storm sewer inlets, culverts, impoundment facilities, manholes, and other facilities 27 that convey stormwater runoffs) shall be properly identified. 28 (2) Each drainage structure shall be identified with the use of durable and reusable Mylar stencils 29 (stencils will not be provided by the county) t hat measure 20 inches by 30 inches with two -inch 30 lettering and an environmentally formulated, water base, but soluble striping paint (color blue). 31 The message on the stencil shall read: 32 "DUMP NO WASTE" 33 37 (Picture of a trout) 1 "DRAINS TO STREAM" 2 (e) Sanitary and storm sewer easement. 3 (1) All permanent easements shall be 20 feet in width. When access for maintenance purposes is 4 required, the maximum longitudinal slope along the easement shall be 30 percent at grade in 5 the steepest direction. 6 (2) No fill shall be placed on a sanitary or storm sewer easement without approval by the public 7 works director. All sanitary manholes must extend to the ground surface. All easements 8 terminating on a parcel shall extend to the property line. 9 (3) No retaining wall, building, pole, sign or other vertical structure shall be constructed in sanitary 10 and storm sewer easements, including vehicular access easements around structures, without 11 approval from the public works director. No fence shall be placed across sanitary or storm 12 sewer easements without gates to which the public works department has full access. No 13 planting shall take place in a sanitary or storm sewer easement that will impede vehicular 14 access along the easement or endanger the pipeline. No surface water shall be impounded on 15 a sanitary sewer easement. No other pipeline or utility shall be placed in a sanitary or storm 16 sewer easement without approval by the public works director. 17 (4) Each lot or parcel of land in a subdivision shall have a separate sewer connection terminating 18 at the easement limit or right-of-way limit with a vertical cleanout pipe. No connection of the 19 public sewerage system shall be made except at a sewer connection approved by the public 20 works director. 21 (5) No surface water, groundwater, storm drain, gutter, downspout, or other conveyance of surface 22 water or groundwater shall be discharged into the sanitary sewer. 23 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 24 Sec. 50-186. - Plans and construction. 25 (a) No sanitary sewer shall be accepted by the county without an "as -built" drawing showing the 26 horizontal and vertical alignment of the sewer system, the locations of all manholes, sewer 27 connections, piping materials, required easement limits and junctions, and property lines. This 28 should be provided in the form of plans, profiles, and plats; when possible, an electronic copy of the 29 required data, compatible with the city's geographical informati on system (GIS), should be submitted. 30 (b) No storm sewer shall be accepted by the city without an "as -built" drawing showing the horizontal 31 and vertical alignment of the sewer system; the locations of all manholes, junctions, detention ponds, 32 38 retention ponds, and sewer system outfalls discharging into ditches or creeks; sewer connections, 1 piping materials, required easement limits; and property lines. This information shall be provided in 2 the form of plans, profiles, details, sections and plats and, when possible, in an electronic form 3 compatible with the city's geographical information system (GIS) and the applicable department of 4 public works' database. 5 (c) In the case of single-family residential subdivisions, by written application, the owner may req uest 6 that the city assume partial maintenance responsibility of drainage facilities, effective after the 7 expiration of the initial maintenance 15 months. Within 60 days after receipt of such application, the 8 director shall respond in writing to the owner/applicant. Such response shall set forth additional terms 9 and conditions for acceptance. However, maintenance by the city shall be limited to ensuring the 10 functional adequacy of such drainage structures. The maintenance responsibility shall remain 11 partially with the homeowners' association unless and until, and only to the extent that, the 12 homeowners' association is expressly relieved of such responsibility pursuant to and in accordance 13 with a written instrument signed by the director. Appropriate easements shall be executed and 14 recorded pursuant to this subsection. For all other types of development, responsibility for 15 maintenance of storm sewer system and detention ponds including, but not limited to, periodic silt 16 removal to maintain functional integrity, will remain the owner's responsibility. Maintenance 17 responsibility shall constitute an obligation running with the land and shall be binding upon the 18 owner's executors, administrators, heirs, successors, and successors -in-title. The owner/developer 19 shall provide stabilization, including vegetation, and installation of security fences for safety purposes 20 at detention facilities, as prescribed, prior to approval of the final plat by the director. 21 (d) Any single-family detached home which involves less than 10,000 square feet of cleared area, or all 22 impervious surface areas combined, and is in excess of 2,000 feet from the Chattahoochee River, 23 shall be exempted from the provisions of a hydrology study. In no such case, however, shall grading 24 involve over 25 percent of the total land area. Sites within 2,000 feet of the Chattahoochee River 25 shall be developed in accordance with the Atlanta Regional Commission's vulnerability analysis, as 26 determined by the director. 27 (e) All engineering and construction, regardl ess of whether such engineering or construction is being 28 accomplished on public land or on public easements, shall meet the minimum requirements of these 29 regulations. 30 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 31 Sec. 50-187. - Monuments and iron pipes. 32 (a) Permanent monuments shall be accurately set and established to tie with the county GIS 33 monuments or as required by the director. 34 39 (b) The monuments shall consist of two, two-inch iron pipes, 16 inches in length, or T bars, 24 inches in 1 length, or other approved materials. The monuments shall be set so that the top of the pipe shall be 2 six inches above the ground level, unless otherwise approved by the public works department. 3 (c) The accurate location, material, and size of all existing monuments shall be shown, on the final plat, 4 as well as the future location of monuments to be placed after street improvements have been 5 completed. 6 (d) Iron pipes at least one-half inch by 16 inches shall be used and shall be set two inches above the 7 finished grade. 8 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 9 Sec. 50-188. - Underground utilities. 10 (a) All existing and proposed utilities, including all electrical, telephone, television and other 11 communication lines, both main and service connections, serving or having capacity of 69 KV or 12 less, abutting or located within a requested land disturbance area, shall be installed under ground in 13 a manner approved by the applicable utility provider and in compliance with the city's right -of-way 14 and erosion control regulations, if applicable. 15 (b) Lots that abut existing easements or pub lic rights-of-way, where overhead electrical or telephone 16 distribution supply lines and service connections have previously been installed, may be supplied 17 with electric and telephone service from those overhead lines, but the service connections from the 18 utilities' overhead lines shall be installed underground. Should a road widening or an extension of 19 service, or other such conditions, occur as a result of the subdivision and necessitate the 20 replacement or relocation of such utilities, such replacement or relocation shall be under ground. 21 (c) Contractors or developers of subdivisions shall: 22 (1) Submit drawings of the subdivision layout showing locations of underground electrical cable, 23 transformers, and other related fixtures, in accordance with the st andard plans. These drawings 24 must be approved by the city before installation of the underground utility and before a building 25 permit can be issued. 26 (2) Pay all cost for poles, fixtures, or any related items of materials necessary for the installation to 27 the utility company. 28 (3) Submit proof of payment for complete installation. 29 (4) Have an agreement with the appropriate power company for complete maintenance of all 30 installations and provide proof of payment. 31 (d) Streetlights and pedestrian lighting . 32 40 (1) Streetlights and pedestrian lights shall be provided by the developers of all new subdivisions , 1 except land subdivided under the provisions of a minor plat . All subdivisions shall be required to 2 install street lights where those street lights are required along the frontage of a property based 3 on the requirements of the zoning district. At the time of, and as a requirement of, submission of 4 a final plat, the developer shall: 5 a. Submit a drawing of the subdivision's layout showing locations of stre etlights and required 6 pedestrian lights. This drawing must be approved by the director prior to obtaining any 7 building permit within the subdivision. The layout shall be shown on the land disturbance 8 permit. Fixtures and standards/poles installed or used s hall be approved by the city and by 9 the utility company which shall be responsible for the maintenance of the facilities. 10 1. Streetlight fixtures shall be mounted 30 feet above the ground and shall have 11 appropriate arm length to place the light over the street. No arm shall be less than five 12 feet long. Post-top luminaries may be permitted when approved by the city, providing 13 same are in compliance with the requirements of the zoning ordinance (chapter 64). 14 Fixtures shall be located no more than 300 feet apart and at least one light shall be 15 located at each street intersection within the subdivision. When a subdivision is 16 located in a zoning overlay district, light standards shall comply with the requirements 17 of the overlay district. 18 2. Pedestrian lights shall be installed as required by the overlay district or the specific 19 zoning case. 20 b. Pay all costs for standards/poles, fixtures and any other related items or material 21 necessary for installation. 22 c. Submit proof of payment for complete installation to the director. 23 d. Submit a copy of an executed agreement with the utility company for complete 24 maintenance of all installations. 25 (2) When street lighting is requested by existing residents, these residents shall: 26 a. Submit a petition to the public works department from the residents affected showing a 90 -27 percent support for the request. The affected residents shall be all residents whose 28 properties are located, in whole or in part, within 150 feet of a proposed streetlight. 29 b. The request to the city for streetlights shall include a sketch indicating the individual 30 location of lights within the subdivision, along with the residential location of each signatory 31 to the petition. 32 c. If standards/poles within the subdivision for the placement of thes e lights do not exist, or do 33 not meet utility company requirements, it shall be the petitioners' responsibility to have 34 41 these standards/poles placed prior to installation of the streetlights, at their cost. 1 Installation of poles within the county's right -of-way shall be subject to the approval of the 2 public works director. The streetlight fixtures are to be installed at the expense of the 3 petitioners. 4 (3) When each of the applicable items in subsection (c) of this section has been completed, the 5 City of Milton shall: 6 a. Assume maintenance responsibility and make the monthly payments to the utility company 7 for electrical energy for each streetlight when at least 50 percent of the dwelling units in the 8 subdivision have been occupied. 9 b. Pay only the current monthly negotiated amount for electrical energy for each streetlight. 10 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 11 Secs. 50-189—50-207. - Reserved. 12 ARTICLE VIII. - FEES 13 Sec. 50-208. - Required with submission of application. 14 Every application for a preliminary plat, final plat, or other plat submitted pursuant to these 15 regulations shall be submitted to the director along with such fees as may be establish ed from time to 16 time by the mayor and city council. Failure to pay such fees as required shall cause the plat to be 17 returned to the applicant, without acceptance for review or consideration by the city. 18 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 19 Sec. 50-209. - Fees associated with preliminary plat. 20 Following the approval of a preliminary plat and prior to authorization to begin construction, the 21 developer shall pay the required inspection, water and sewer connection, curb cut, and street sign fees as 22 may be established from time to time by the mayor and city council. 23 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 24 Sec. 50-210. - Bond costs associated with final plat approval. 25 42 Prior to approval of a final plat and as a prerequisite for acceptance of any such final plat, the 1 developer shall provide such performance bonds, maintenance bonds, or cash assurances as required by 2 these regulations and as established from time to time by the mayor and city council. 3 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 4 Secs. 50-211—50-229. - Reserved. 5 ARTICLE IX. - ADMINISTRATION AND ENFORCEMENT 6 Sec. 50-230. - Authority of director. 7 These subdivision regulations shall be administered and enforced by the director of community 8 development. 9 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 10 Sec. 50-231. - Denial; appeal procedure for preliminary plat. 11 Should the director deny a preliminary plat, a written e xplanation shall be provided to the subdivider 12 stating the basis for the denial. Within 30 days of the date of said written explanation, the owner of record 13 or the subdivider may file with the community development department a letter appealing the decisio n 14 which, together with a report from the director, shall be forwarded to the mayor and city council for 15 consideration pursuant to article 22 of chapter 64. 16 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 17 Sec. 50-232. - Denial; appeal procedure for final plat. 18 Should the director or city council deny any final plat, a written explanation shall be provided stating 19 the basis for the denial. The owner of record or the subdivider may file a writ of certiorari filed with the 20 Superior Court of Fulton County within 30 days of the date of the mayor and city council's decision. 21 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 22 Sec. 50-233. - Denial; appeal for directors review comments or minor plat. 23 (a) Should an applicant disagree with the director's review comments with respect to or denial of a 24 minor plat, concluding factual or int erpretive errors have been made, the following appeal procedure 25 is intended to resolve the issues: 26 43 (1) Submit to the director within 30 days of the comments at issue, a letter clearly defining the 1 nature of the disagreement, the specific reference to the article of this chapter at issue, and the 2 applicant's opinion. 3 (2) The director shall submit the request to the technical staff review committee. The technical staff 4 review committee shall be selected by the director and formed from the appropriate 5 departments' staff, relative to the subject appeal. 6 (3) The technical staff review committee shall provide comments and a written recommendation to 7 the director within ten working days. 8 (4) Should the director, after review of the applicant's statement and the recommendation of the 9 technical staff review committee, conclude that these provisions would not be violated, the 10 director shall modify his or her comments accordingly. 11 (5) Should the director conclude that these regulations would be violated, the d irector shall provide 12 the applicant with a written letter of denial and advise the applicant of the appeal process to the 13 board of zoning appeals. 14 (6) The board of zoning appeals shall, after receiving a report from the director, decide the issue. 15 The decision shall constitute the final administrative appeal. 16 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 17 Sec. 50-234. - Appeal hearing; variance to design standards (article VI) and required improvements 18 (article VII). 19 The of board of zoning appeals may issue a variance to the provisions of articles VI and VII of this 20 chapter in accordance with the procedures for primary variances described in chapter 64. The board of 21 zoning appeals shall base its decision on hardships as described in chapter 64. 22 ( Ord. No. 17-04-314 , § 1, 4-24-2017) 23 0 M1 LTON' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2018 ( FROM: Steven Krokoff, City Manager ?� AGENDA ITEM: Consideration for approval of the Amended Milton Tree Canopy Conservation Ordinance MEETING DATE: Monday, July 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (� PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: �YES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY: 4,rAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0.71 Z3) 2° It 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on July 12, 2018 for the August 6, 2018 Regular City Council Meeting Agenda Item: Consideration for approval of the Amended Milton Tree Canopy Conservation 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 August 5, 2018 to December 3, 2018; 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: Jarrard & Davis, LLP. (07-11-2018) Concurrent Review: Steve Krokoff, City Manager Document 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 August 6, 2018 6:00 p.m. as follows: SECTION 1. That Section 60-5.4 of the City of Milton Code of Ordinances is hereby amended to delete “August 5, 2018” and replace it with “December 3, 2018” so that Chapter 60 of the City of Milton Code of Ordinances reads as set forth in Exhibit “A”, which is attached hereto as is fully set forth herein. 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 6th day of August, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Adopted April 23August 6, 2018 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 federal 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 August 5December 3, 2018. 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 April 23August 6, 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 protection, 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 April 23August 6, 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 April 23August 6, 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 feet 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 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 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 further 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 shall 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 April 23August 6, 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 April 23August 6, 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 trees 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 April 23August 6, 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 April 23August 6, 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 arborist 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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 April 23August 6, 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. MILTONIII!r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2018 FROM: Steven Krokoff, City Manager er 61 AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Flippin Two, LLC, d/b/a Flippin Pizza - Milton, 5230 Windward Parkway, Suite 105, Milton, Georgia 30004 MEETING DATE: Monday, July 23, 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 (-KNO CITY ATTORNEY REVIEW REQUIRED: () YES (^O APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: L -)I t3) 7-W it 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: Bernadette Harvill, Finance Director Date: Submitted on June 13, 2018 for the July 23, 2018 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Flippin Two, LLC, d/b/a Flippin Pizza – Milton, 5230 Windward Parkway, Suite105, Milton, Georgia 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Flippin Two, LLC, d/b/a Flippin Pizza – Milton, for consumption on premise of Wine and Malt Beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted as a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Flippin Two, LLC, d/b/a Flippin Pizza – Milton Contact Name: Manita Amin Business Address: 5230 Windward Parkway, Suite105, Milton, Georgia 30004 Type of License: Consumption on Premise – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Carter Lucas, Assistant City Manager m TO: FROM: MILTON"IP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 16, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to 888 Sports Group, Inc., d/b/a Mazzy's Sports Bar & Grill, 13695 Highway 9, Suite]06, Milton, Georgia 30004 MEETING DATE: Monday, July 23, 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 (-- NO CITY ATTORNEY REVIEW REQUIRED: () YES (�-K0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: () 7 1 z3j zLlt 2006 Heritage Walk Milton, GA P: 678.242.25001 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 June 19, 2018 for the July 23, 2018 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to 888 Sports Group, Inc., d/b/a Mazzy’s Sports Bar & Grill, 13695 Highway 9, Suite106, Milton, Georgia 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for 888 Sports Group, Inc., d/b/a Mazzy’s Sports Bar & Grill, for consumption on premise of Wine, Malt Beverages and Distilled Spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted as a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: 888 Sports Group, Inc., d/b/a Mazzy’s Sports Bar & Grill Contact Name: Li Chia Fan Business Address: 13695 Highway 9, Suite 106, Milton, Georgia 30004 Type of License: Consumption on Premise – Wine, Malt Beverages and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Carter Lucas, Assistant City Manager MILTON" ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2018 FROM: Steven Krokoff, City Managlelo AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Milton Wine & Crystal, LLC, d/b/a Milton Wine & Crystal, 12660 Crabapple Road, Suite 110, Milton, Georgia 30004 MEETING DATE: Monday, July 23, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (..KNO CITY ATTORNEY REVIEW REQUIRED: () YES (-KN APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: c 7) 2,31201 2006 Heritage Walk Milton, GA P: 678.242.2500 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 22, 2018 for the July 23, 2018 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Milton Wine & Crystal, LLC, d/b/a Milton Wine & Crystal, 12660 Crabapple Road, Suite 110, Milton, Georgia 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Milton Wine & Crystal, LLC, d/b/a Milton Wine & Crystal, for package retail of Wine. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted as a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Milton Wine & Crystal, LLC, d/b/a Milton Wine & Crystal Contact Name: Yale Metz Business Address: 12660 Crabapple Road, Suite 110, Milton, Georgia 30004 Type of License: Package Retail of Wine Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Carter Lucas, Assistant City Manager MILTON" ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2018 FROM: Steven Krokoff, City Manager (2 AGENDA ITEM: Consideration of a Resolution Transmitting a Draft Capital Improvements Element (CIE) 2018 Annual Update, Relating to the City's Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. MEETING DATE: Monday, July 23, 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 () NO CITY ATTORNEY REVIEW REQUIRED: (-KYES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: -7) y31 Z ti 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on July 12, 2018 for the July 23, 2018 Regular Council Meeting Agenda Item: Consideration of a Resolution Transmitting a Draft Capital Improvements Element (CIE) 2018 Annual Update, Relating to the City’s Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. ______________________________________________________________________________ Department Recommendation: Approval Executive Summary: As a municipality that collects Impact Fees, a Capital Improvements Element (CIE) Annual Update was prepared by the city’s impact fee consultant and was reviewed by staff, and discussed at the July 9 council meeting as a presentation. The 2018 CIE update contains the five-year project lists for impact fee eligible items based on the adopted 2015 CIE. An annual update to the five-year project schedule is a requirement by the Georgia Department of Community Affairs (DCA). Upon favorable review by the Regional and State agencies, the City of Milton may adopt the 2018 CIE Annual Update by October 31, 2018. Funding and Fiscal Impact: None Alternatives: None Legal Review: Paul Frickey – Jarrard & Davis 07-05-2018 Concurrent Review: Steve Krokoff Attachment(s): 2018 Draft Capital Improvements Element (CIE) (dated 07-23-2018) Resolution to Transmit Draft CIE STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 18- A RESOLUTION AUTHORIZING THE TRANSMITTAL OF A DRAFT CAPITAL IMPROVEMENTS ELEMENT 2018ANNUAL UPDATE TO THE ATLANTA REGIONAL COMMISSION FOR REGIONAL AND STATE REVIEW WHEREAS, on October 2, 2017, the City of Milton adopted the Capital Improvements Element 2017 Annual Update as an amendment to the Milton Comprehensive Plan; and WHEREAS, the City of Milton has drafted a Capital Improvements Element 2018 Annual Update (“2018 CIE Update”), which incorporates an impact fee financial report for FY 2017 (as applicable); and WHEREAS, the 2018 CIE Update was prepared in accordance with the “Development Impact Fee Compliance Requirements” and the “Minimum Planning Standards and Procedures for Local Comprehensive Planning” adopted by the Department of Community Affairs pursuant to the Georgia Planning Act of 1989, and WHEREAS, a duly advertised Public Hearing with respect to the 2018 CIE Update was held on July 23, 2018, at 6:00 p.m. in the City of Milton City Hall, 2006 Heritage Walk; BE IT THEREFORE RESOLVED that the City Council does hereby authorize the transmittal of the draft Capital Improvements Element 2018 Annual Update (attached hereto as Exhibit “A”) to the Atlanta Regional Commission for Regional and State review, as per the requirements of the Development Impact Fee Compliance Requirements adopted pursuant to the Georgia Planning Act of 1989. RESOLVED this 23rd day of July, 2018 _________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie Gordon, City Clerk Capital Improvements Element 2018 Annual Update Fiscal Year 2017 (10/1/16—9/30/17) Financial Report & Community Work Program City of Milton, Georgia DRAFT: July 23, 2018 Introduction City of Milton 2018 CIE Annual Update ________________DRAFT July 23, 2018 _________________________________________ page 1 This Capital Improvements Element Annual Update has been prepared based on the rules and regulations pertaining to impact fees in Georgia, as specified by the Devel- opment Impact Fee Act (DIFA) and the De- partment of Community Affairs (DCA) docu- ments Development Impact Fee Compliance Requirements and Standards and Proce- dures for Local Comprehensive Planning. These three documents dictate the essential elements of an Annual Update, specifically the inclusion of a financial report and a schedule of improvements. According to DCA’s Compliance Require- ments, the Annual Update: “must include: 1) the Annual Report on impact fees required under O.C.G.A. 36- 71-8; and 2) a new fifth year schedule of improvements, and any changes to or re- visions of previously listed CIE projects, including alterations in project costs, pro- posed changes in funding sources, con- struction schedules, or project scope.” (Chapter 110-12-2-.03(2)(c)) This Annual Update itself is based on the City of Milton’s Capital Improvements Ele- ment, as adopted by the City October 5, 2015. 1 Note that DCA’s Compliance Requirements specify that the work program is to meet the requirements of Chapter 110-12-1-.04(7)(a), which is a reference to the work program requirements in a previous version Financial Report The Financial Report included in this document is based on the require- ments of DIFA, specifically: “As part of its annual audit pro- cess, a municipality or county shall prepare an annual report describing the amount of any development impact fees collected, encumbered, and used during the preceding year by category of public facility and service area.” (O.C.G.A. 36-71- 8(c)) The required financial information for each public facility category appears in the main financial table (page 2); each of the public facility categories has a single, city-wide service area. The sta- tus of all impact fee projects, by public facility category, is shown on the ta- bles on pages 3, 4, 5 and 6. The City’s fiscal year runs from Octo- ber 1 to September 30. of the Standards and Procedures for Local Com- prehensive Planning. The correct current de- scription is found at Chapter 110-12-1- Schedule of Improvements In addition to the financial report, the City has prepared a five-year schedule of im- provements—a community work program (CWP)—as specified in DCA’s Compliance Requirements (Chapter 110-12-2- .03(2)(c)), which states that local govern- ments that have a CIE must “update their entire Short Term [i.e., Community] Work Programs annually.”)1. According to DCA’s requirements,2 the CWP must include: A brief description of the activity; Legal authorization, if applicable; Timeframe for undertaking the activity; Responsible party for implementing the activity; Estimated cost (if any) of implementing the activity; and, Funding source(s), if applicable. All of this information appears in the Com- munity Work Program portion of this docu- ment, beginning on page 7. .04(2)(b)1. 2 Chapter 110-12-1-.03(3). Financial Report City of Milton 2018 CIE Annual Update ______________ DRAFT July 23, 2018 __________________________________________ page 2 City of Milton Public Facility Parks & Recreation Fire Protection Law Enforcement Roads Adminis- tration TOTAL Impact Fee Fund Balance October 1, 2016 671,394.15$ 82,141.67$ 15,750.08$ 16,095.45$ -$ 785,381.35$ Impact Fees Collected (October 1, 2016 through September 30, 2017)991,308.45$ 93,438.47$ 16,307.79$ 118,507.19$ 36,596.64$ 1,256,158.54$ Subtotal: Fee Accounts 1,662,702.60$ 175,580.14$ 32,057.87$ 134,602.64$ 36,596.64$ 2,041,539.89$ Accrued Interest 231.83$ 21.66$ 3.77$ 26.75$ 33.46$ 317.47$ (Impact Fee Refunds)(3,107.55)$ (534.57)$ (94.86)$ (678.36)$ (141.73)$ (4,557.07)$ (Expenditures)(206,767.50)$ (41,890.00)$ -$ -$ (36,488.37)$ (285,145.87)$ Impact Fee Fund Balance September 30, 2017 1,453,059.38$ 133,177.23$ 31,966.78$ 133,951.03$ -$ 1,752,154.42$ Impact Fees Encumbered 1,453,059.38$ 133,177.23$ 31,966.78$ 133,951.03$ -$ 1,752,154.42$ Annual Impact Fee Financial Report - Fiscal Year 2017 Financial Report City of Milton 2018 CIE Annual Update ______________ DRAFT July 23, 2018 __________________________________________ page 3 Public Facility: Responsible Party:Parks and Recreation Department Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2017 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Park Land (455 acres)2017 2035 68,665,646.59$ 67.39%46,275,786.85$ 185,322.50$ 185,322.50$ $ 1,453,059.38 Trailhead Park Conservation Easements (2747 ac)2017 2035 37,687,219.02$ 41.44%15,616,326.67$ -$ -$ Land for Trails (110 acres)2017 2035 22,637,026.35$ 41.39%9,369,796.00$ -$ -$ Baseball Fields (8)2022 2035 2,416,978.76$ 63.80%1,541,931.23$ -$ -$ Football/Soccer/Lacrosse (2)2022 2035 277,625.94$ 89.85%249,433.52$ -$ -$ Basketball Courts (11)2022 2035 898,201.57$ 42.18%378,852.88$ -$ -$ Playgrounds (Structured) (34)2020 2035 1,665,755.63$ 42.89%714,408.29$ 21,445.00$ 21,445.00$ Broadwell Park Picnic Shelters / Pavilions (34)2020 2035 4,997,266.90$ 42.89%2,143,224.88$ -$ -$ Community Centers (4)2020 2035 2,605,646.33$ 42.53%1,108,195.49$ -$ -$ Delayed Multi-Use Trails (90.76 miles)2020 2035 62,195,885.85$ 42.48%26,419,298.43$ -$ -$ 204,047,252.94$ 103,817,254.24$ 206,767.50$ -$ 206,767.50$ 1,453,059.38$ *All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. Parks and Recreation City-wide Financial Report City of Milton 2018 CIE Annual Update ______________ DRAFT July 23, 2018 __________________________________________ page 4 Public Facility: Responsible Party:Fire Department / Administration Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2017 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Emergency Warning Sirens 2014 2014 216,329.00$ 41.44%89,646.74$ -$ -$ Completed Storage Facility 2017 2020 267,096.40$ 100.00%267,096.40$ -$ -$ 40,251.67$ Fire Station 42 Replacement 2020 2022 1,389,243.43$ 40.00%555,697.37$ -$ -$ 92,925.56$ Training Facility 2017 2017 430,176.66$ 100.00%430,176.66$ 41,890.00$ 8,110.00$ 50,000.00$ Completed Westside Fire Station **2024 2026 1,501,562.50$ 66.67%1,001,091.72$ -$ -$ Hwy 9 Fire Station **2017 2019 1,428,686.06$ 100.00%1,428,686.06$ -$ -$ General Vehicle 2015 2015 38,609.80$ 100.00%38,609.80$ -$ -$ Completed Heavy Vehicle 2016 2016 453,066.46$ 100.00%453,066.46$ -$ -$ Completed General Vehicle 2020 2020 39,442.62$ 100.00%39,442.62$ -$ -$ Heavy Vehicle 2018 2018 462,839.28$ 100.00%462,839.28$ -$ -$ General Vehicle 2022 2022 40,725.67$ 100.00%40,725.67$ -$ -$ Heavy Vehicle 2021 2021 477,895.17$ 100.00%477,895.17$ -$ -$ General Vehicle 2024 2024 42,050.45$ 100.00%42,050.45$ -$ -$ Heavy Vehicle 2024 2024 493,440.83$ 100.00%493,440.83$ -$ -$ Heavy Vehicle 2027 2027 509,492.17$ 100.00%509,492.17$ -$ -$ General Vehicle 2029 2029 43,884.11$ 100.00%43,884.11$ -$ -$ Heavy Vehicle 2030 2030 526,065.66$ 94.36%496,408.38$ -$ -$ General Vehicle 2033 2033 45,797.72$ 94.36%43,215.84$ -$ -$ Heavy Vehicle 2033 2033 543,178.27$ 0.00%-$ -$ -$ General Vehicle 2034 2034 47,287.49$ 0.00%-$ -$ -$ 8,996,869.75$ 6,913,465.73$ 41,890.00$ 8,110.00$ 50,000.00$ 133,177.23$ *All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. **Percent impact fee eligible revised due to change in anticipated year of expenditure. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. NOTE: For projects that are not eligible for impact fee funding, the cells in the "FY2017 Impact Fees Expended" column are shaded out, indicated that no impact fees may be expended on those projects. Fire Protection City-wide Facilities Vehicles Financial Report City of Milton 2018 CIE Annual Update ______________ DRAFT July 23, 2018 __________________________________________ page 5 Public Facility: Responsible Party:Police Department / Administration Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2017 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Law Enforcement Center, Phase 1 2016 2017 30,947.62$ 41.44%12,825.42$ -$ - -$ Law Enforcement Center, Phase 2 2018 2018 1,729,358.54$ 41.44%716,686.51$ -$ - -$ Law Enforcement Center, Phase 3 2019 2019 2,738,978.49$ 41.44%1,135,096.56$ -$ - -$ 31,966.78$ 4,499,284.65$ 1,864,608.49$ -$ -$ -$ 31,966.78$ *All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. Law Enforcement City-wide Financial Report City of Milton 2018 CIE Annual Update ______________ DRAFT July 23, 2018 __________________________________________ page 6 Public Facility: Responsible Party:Public Works Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2017 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Intersection-Hopewell/Francis/Cogburn 2014 2014 992,103.00$ 40.1%397,918.39$ -$ -$ Intersection-Deerfield Pkwy @ Morris Rd 2014 2014 85,206.00$ 40.1%34,174.91$ -$ -$ Intersection-Bethany @ Cogburn 2014 2014 446,923.00$ 40.1%179,254.45$ -$ -$ Intersection-Arnold Mill @ New Providence 2014 2014 313,300.00$ 40.1%125,660.17$ -$ -$ Intersection-Birmingham @ Providence 2014 2014 852,581.00$ 40.1%341,958.10$ -$ -$ Intersection-Hopewell @ Birmingham 2015 2015 693,135.00$ 40.1%278,006.58$ -$ 96,000.00$ 96,000.00$ Intersection-Crabapple @ Birmingham 2014 2018 1,353,263.94$ 40.1%542,774.90$ -$ -$ Transportation Master Plan Update 2015 2016 231,044.84$ 40.1%92,668.80$ -$ -$ McGinnis Ferry Interchange 2015 2015 51,343.30$ 40.1%20,593.07$ -$ -$ Crabapple NE Connector Rd 2017 2019 2,581,434.50$ 40.1%1,035,376.64$ -$ -$ Bridge Replacement Program 2014 2021 2,445,358.07$ 40.1%980,798.32$ -$ -$ Intersection-Freemanville @ Providence/B'ham 2015 2019 2,409,375.80$ 40.1%966,366.34$ -$ 546.08$ 546.08$ 133,951.03$ Intersection-SR9 @ Bethany Bend 2014 2018 173,168.05$ 40.1%69,455.24$ -$ -$ Intersection-Webb Rd Turn Lanes 2015 2015 189,970.20$ 40.1%76,194.34$ -$ -$ Intersection-Bethany @ Providence 2016 2022 1,794,032.06$ 40.1%719,560.72$ -$ -$ Intersection-Hopewell @ Bethany Bnd/ Way 2025 2025 3,346,503.60$ 40.1%1,342,234.96$ -$ -$ Intersection-Hopewell @ Redd Road 2015 2017 123,223.91$ 40.1%49,423.36$ -$ -$ Intersection-Hopewell @ Hamby 2020 2022 1,412,239.23$ 40.1%566,429.05$ -$ -$ Intersection-Hopewell @ Thompson 2021 2021 1,439,668.46$ 40.1%577,430.53$ -$ -$ Crabapple SE Connector 2021 2025 180,587.44$ 40.1%72,431.05$ -$ -$ Hopewell/Hamby Road Widening 2030 2030 7,991,049.35$ 40.1%3,205,096.16$ -$ -$ Morris Road Widening 2024 2024 9,125,056.76$ 40.1%3,659,930.39$ -$ -$ 38,230,567.52$ 15,333,736.48$ -$ 96,546.08$ 96,546.08$ 133,951.03$ *All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. Roads City-wide Community Work Program City of Milton 2018 CIE Annual Update ___________ DRAFT July 23, 2018 ____________________________________ page 7 The City adopted a Comprehensive Plan update which included a complete CWP covering the years 2017 to 2021 (including all projects eligible for impact fee funding). The master Community Work Program within the Comprehensive Plan update includes all project activities, including the specific impact fee eligible projects for the 2017-2021 time frame. The following listing of impact fee projects is submitted as part of this CIE Annual Update report, updated to cover the 5-year period 2019-2023, and thereby amends the master CWP in the Comprehensive Plan. 2019-2023 Community Work Program – Impact Fee Eligible Projects Project Description 20192020202120222023Responsible Party Cost Estimate Funding Sources Notes/ Explanation Parks & Recreation Continue land acquisition program for park lands x x x x x Parks and Recreation $3,614,000 estimated annual average 67.39% Impact Fees; Bond Issue On-going debt service to bonds Continue acquisition program for conservation easements and multi-use trails x x x x x Parks and Recreation $3,175,000 estimated annual average 41.44% Impact Fees for conservation easements; 41.39% Impact Fees for multi- use trails; Bond issue On-going debt service to bonds Construction of multi-use trails x x x x x Parks and Recreation / Public Works $3,273,000 estimated annual average 42.48% Impact Fees; General Fund On-going annually Design and improve Providence Park: 1 Playground (structured) 1 Pavilion / Picnic Shelter 1 Multi-Use Trail (1 mi. est.) x x x Parks and Recreation $881,250 42.89% Impact Fees for playground and pavilion/picnic shelter; 42.48% Impact Fees for trail; General Fund Completion in 2022 Community Work Program City of Milton 2018 CIE Annual Update ___________ DRAFT July 23, 2018 ____________________________________ page 8 Project Description 20192020202120222023Responsible Party Cost Estimate Funding Sources Notes/ Explanation Parks & Recreation con't 1 Baseball Field x x Parks and Recreation $302,122 63.79% impact fees; General Fund. 1 Football/Soccer/Lacrosse x x Parks and Recreation $138,813 89.85% impact fees; General Fund. 2 Basketball Courts x x Parks and Recreation $163,309 42.18% impact fees; General Fund. 1 Playground (Structured)x x Parks and Recreation $21,012 42.89% impact fees; General Fund. 1 Picnic Shelters / Pavilions x x Parks and Recreation $63,036 42.89% impact fees; General Fund. Design and construct Arnold Mill Park project: 1 Playground (structured) 1Pavilion / Picnic Shelter 1 Multi-Use Trail (1 mi. est.) Design and construct Chadwick Landfill park project x x x x x Parks and Recreation $350,000 Impact Fees (% varies depending on the facilities); General Fund See the Parks and Recreation table in the Financial Report section for facilities' impact fee eligibility Design and construct a community center x x x x Parks and Recreation $651,412 42.53% Impact Fees; General Fund 42.89% Impact Fees for playground and pavilion/picnic shelter; 42.48% Impact Fees for trail; General Fund Completion in 2022xxParks and Recreation $881,250x Community Work Program City of Milton 2018 CIE Annual Update ___________ DRAFT July 23, 2018 ____________________________________ page 9 Project Description 20192020202120222023Responsible Party Cost Estimate Funding Sources Notes/ Explanation Fire Construct Storage Facility x x Fire/ Administration $267,096 100% impact fees Construct Hwy 9 Fire Station x Fire/ Administration $1,428,686 100% impact fees Replace Fire Station 42 x x x Fire/ Administration $1,389,243 40% impact fees; General Fund Completion in 2022 Purchase heavy vehicle (2)x Fire/ Administration $940,734 100% impact fees Purchase general vehicle (2)x x Fire/ Administration $80,168 100% impact fees Police Design and construct Law Enforcement Center x Police/ Administration $4,499,285 41.44% impact fees; General Fund Underway - in final phases Community Work Program City of Milton 2018 CIE Annual Update ___________ DRAFT July 23, 2018 ___________________________________ page 10 Project Description 20192020202120222023Responsible Party Cost Estimate Funding Sources Notes/ Explanation Transportation Complete Intersection- Crabapple @ Birmingham Public Works $1,353,264 40.1% impact fees; General Fund Bridge Replacement Program x x x Public Works $2,445,358 40.1% impact fees; General Fund On-going annual improvements Intersection-Freemanville @ Providence & B'ham x Public Works $2,409,376 40.1% impact fees; General Fund To be completed in phases (Freemanville@Providence is Phase 1) Intersection-SR9 @ Bethany Bend Public Works $173,168 40.1% impact fees; General Fund Intersection-Bethany @ Providence x x x x Public Works $1,794,032 40.1% impact fees; General Fund Completion in 2022 Intersection-Hopewell @ Hamby x x x Public Works $1,412,239 40.1% impact fees; General Fund Completion in 2022 Intersection-Hopewell @ Thompson x Public Works $1,439,668 40.1% impact fees; General Fund Completion in 2021 Crabapple SE Connector x x x Public Works $180,587 40.1% impact fees; General Fund Completion in 2025 Crabapple NE Connector x Public Works $2,581,435 40.1% impact fees; General Fund Completion in 2019 M I LTO NIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: J 16, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Regulate and Provide for the Calling of a Referendum Election to Determine Whether the City of Milton may Permit the Sale of Alcoholic Beverages by the Drink on Sundays Between 11:00 A.M. and 12:30 P.M.; Requesting the Election Superintendent of the City of Milton to Call an Election; Approving the Form of the Questions on the Ballot and the Notice of Such Election; and For Other Purposes. MEETING DATE: Monday, July 23, 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: (.AYES () NO CITY ATTORNEY REVIEW REQUIRED: (J-�ES () NO APPROVAL BY CITY ATTORNEY: (,VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: G 11 0) 7'o I � 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 1 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO REGULATE AND PROVIDE FOR THE CALLING OF A REFERENDUM ELECTION TO DETERMINE WHETHER THE CITY OF MILTON MAY PERMIT THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK ON SUNDAYS BETWEEN 11:00 A.M. AND 12:30 P.M.; REQUESTING THE ELECTION SUPERINTENDENT OF THE CITY OF MILTON TO CALL AN ELECTION; APPROVING THE FORM OF THE QUESTIONS ON THE BALLOT AND THE NOTICE OF SUCH ELECTION; AND FOR OTHER PURPOSES. WHEREAS, under Section 4-232 of the City of Milton Code of Ordinances, the City currently allows the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 midnight in eating establishments (any licensed establishment that derives at least 50 percent of its total annual gross sales from the sale of prepared food or meals); and WHEREAS, Senate Bill 17 became law on May 8, 2018, amending Title 3, Chapter 3, Article 1 of the Official Code of Georgia Annotated and authorizing cities to allow the sale of alcoholic beverages for consumption on the premises on Sundays from 11:00 A.M. until 12:30 P.M. in any licensed establishment that derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment that derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging if approved by a referendum election; and WHEREAS, the City Council of the City of Milton wishes to amend its alcohol code to expand the hours for Sunday sales in eating establishments, conditioned on voter approval in a referendum; and WHEREAS, the City Council of the City of Milton desires that a referendum election be held for the purpose of determining whether or not these powers shall be exercised; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Milton, Georgia as follows: (1) The Elections Superintendent of the City of Milton is hereby requested to call a referendum election in all voting precincts in the City in conjunction with the general election on the 6th day of November 2018, for the purpose of submitting to the qualified voters of the City the question set forth in paragraph (2) below. (2) The ballots to be used in the election shall have written or printed thereon substantially the following: “( ) Yes Shall the governing authority of the City of Milton, Georgia be authorized to 2 ( ) No permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink from 11:00 A.M. to 12:30 P.M.?” (3) It is hereby requested that the election be conducted by the Elections Superintendent of the City of Milton in accordance with the election laws of the State of Georgia, including, without limitation, the election laws relating to special elections. It is hereby further requested that the Elections Superintendent of the City of Milton canvass the returns, declare the result of the election, and certify the result to the Secretary of State of the State of Georgia. (4) In accordance with O.C.G.A. § 21-2-540, it is the intent of the City Council that the date of such election be November 6, 2018. (5) The Elections Superintendent of the City of Milton is hereby authorized and requested to publish a notice of the call of the election in the official organ of the City on August 2, 2018 and again on September 13, 2018. The notice of the call shall be in substantially the form attached hereto as Exhibit A. (6) The Elections Superintendent is further authorized and requested to publish a notice of the election once a week for two weeks immediately preceding the date of the election. The notice of the election shall be in substantially the form attached hereto as Exhibit B. SO RESOLVED, this _____ day of _____________, 2018. _______________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie AM Gordon, City Clerk [CITY SEAL] EXHIBIT A NOTICE AND CALL OF ELECTION IN THE CITY OF MILTON, GEORGIA YOU ARE HEREBY NOTIFIED that on the 6th day of November, 2018, an election will be held in all of the election precincts of the City of Milton, Georgia. At the election, there will be submitted to the qualified voters of the City for their determination the question of whether sales of distilled spirits or alcoholic beverages by the drink should be allowed on Sundays between 11:00 A.M. and 12:30 P.M. EXHIBIT B NOTICE OF SPECIAL ELECTION TO CONSIDER WHETHER SALES OF DISTILLED SPIRITS OR ALCOHOLIC BEVERAGES BY THE DRINK SHOULD BE ALLOWED ON SUNDAYS BETWEEN 11:00 A.M. AND 12:30 P.M. TO THE QUALIFIED VOTERS OF THE CITY OF MILTON: NOTICE IS HEREBY GIVEN that on the 6th day of November, 2018, an election will be held at the regular polling places in all the election districts of the City of Milton, Georgia, at which time there will be submitted to the qualified voters of the City of Milton, Georgia, for their determination the question of whether sales of distilled spirits or alcoholic beverages for beverage purposes by the drink should be allowed on Sundays between 11:00 A.M. and 12:30 P.M., as provided in Section j.1 of Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated. Voters desiring to vote in favor of the question shall do so by voting “Yes” and voters desiring to vote against the question shall do so by voting “No” as to the question propounded: “( ) Yes ( ) No Shall the governing authority of the City of Milton, Georgia be authorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink from 11:00 A.M. to 12:30 P.M.?” If more than one-half of the votes cast are in favor of the proposition stated above, the governing authority may, by appropriate resolution or ordinance, permit and regulate Sunday sales by licensees from 11:00 A.M. to 12:30 P.M. Otherwise, such Sunday sales during this time period shall not be permitted. The several places for holding said election shall be at the regular and established voting precincts of all of the election districts of the City of Milton, Georgia, and the polls will be open from 7:00 a.m. to 7:00 p.m. on the date fixed for the election. Those residents of the City of Milton, Georgia, qualified to vote at such election shall be determined in all respects in accordance with the election laws of the State of Georgia. This notice is given pursuant to a resolution of the City Council of the City of Milton, Georgia, adopted on the _____ day of __________, 2018.