HomeMy WebLinkAboutOrdinances 19-10-408 - 10/21/2019 - Chapter 48-ROW, SidewalksSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 19-10-408
AN ORDINANCE TO AMEND CHAPTER 48 - STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO
PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES.
WHEREAS, Chapter 48 of the City of Milton Code of Ordinances regulates streets, sidewalks and other
public places within the City of Milton; and
WHEREAS, the Mayor and Council have therefore determined that it is in the best interest of the City's
residents to amend Chapter 48 to clarify that objects in the right of way may pose a safety hazard.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while
in a Regular called Council meeting on the 21 st day of October 2019 at 6 p.m. as follows:
SECTION 1. That Chapter 48 of the City of Milton Code of Ordinances, Section 48-585 shall be
amended to the Ordinance attached hereto as Exhibit "A" as if fully set forth herein.
SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. This Ordinance shall become effective upon its adoption.
ORDAINED this the 211 day of October 2019.
Attest:
2):�o
City Clerk
1
Approved:
--- ;---- "I,
Mayor Joe Loc ood
Page 1 of 2
1
Exhibit "A"
Chapter 48, Article VII, Division 3, Section 48-585
Sec. 48-585. - Location within the right-of-way.
(a) A right-of-way and utility encroachment permit is required for all activities within the right-of-way
including, but not limited to, the construction, installation, repair or replacement of pipe, conduit,
cable or other facilities vital to the function of the utility or construction site referenced for the flow of
traffic (vehicles and pedestrians) (i.e., a driveway, shoulder, or road construction) at the referenced
location. Such permit shall be managed by the public works department.
(b) Irrigation systems, landscaping, fences, walls, non -operable vehicles, trailers, boats, dumpsters and
other fixed objects within the right-of-way that, in the reasonable opinion of the City traffic engineer or
his/her designee, may pose a safety hazard are not allowed within the right-of-way. However; certain
landscaping and irrigation systems may be permitted upon the submittal of an indemnification form
and other documents as may be required by the public works department.
(1) New unpermitted installations of such encroachments shall be removed, and shoulders
dressed at the cost of the property owner within 30 calendar days of the citation plus a fine of
one-half the cost of the largest permit fee for the site. Should such installations be on an active
construction site, all CO's, LDP's, final plats, or other pressing applications to the city will be
held until such fine is paid by the property owner.
(2) Existing installations shall be subject to safety evaluations and must be relocated outside of the
right-of-way when major repairs or replacement occurs. Safety evaluations by public works may
result in an eviction notice and subsequent removal of such installation. Such removal shall
occur within 30 calendar days; however, no fine shall be assessed for existing permitted
installations. The burden of proof for the date of existing installations shall be by the Fulton
County permit date, dated construction drawings, or receipts. Without these, a fine shall be
assessed as if it was a new unpermitted installation.
(3) Temporary items such as dumpsters, parked semi -trucks, and other related items as
determined by the public works department shall be given a citation and will be towed from the
right-of-way immediately to the subject parcel. The cost to the city will be reimbursed at a rate of
125 percent plus a $500.00 fine awarded to the property owner. An exception shall be moving
to or from a house: a semi without a tractor is allowed to park on a neighborhood street when a
right-of-way encroachment permit is approved, and proper advance warning signage is used.
The maximum length of time this permit for this application will be valid shall be 48 hours.
(c) Mailboxes. Mailboxes are subject to all regulations of the United States Postal Service (USPS). In
addition:
(1) Single breakaway post mailboxes shall be the standard installation, placed five feet from the
edge of pavement. This installation shall not require a permit.
(2) Notwithstanding the discretion in section 48-585(b) for certain fixed objects in the right of way,
fixed object mailboxes (i.e., brick, stone, concrete, stucco, anything other than a standard
mailbox) are not allowed within the right-of-way. Installations of such mailboxes shall also be
subject to other requirements of this chapter and the AASHTO Roadside Design Guide, current
edition.
Page 2 of 2