HomeMy WebLinkAboutAgenda Packet - CC - 06/01/20202006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
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Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Paul Moore
Laura Bentley
Carol Cookerly
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, June 1, 2020 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Sarah LaDart
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. 20-151)
5) PUBLIC COMMENT (General)
6) CONSENT AGENDA
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 1, 2020
Page 2 of 6
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1. Approval of the April 27, 2020 Regular City Council Meeting
Minutes.
(Agenda Item No. 20-152) (Sudie Gordon, City Clerk)
2. Approval of the Financial Statements and Investment Report for the Period
Ending April 2020. (Agenda Item No. 20-153) (Bernadette Harvill, Finance Director)
3. Approval of a Change Order Between the City of Milton and AT&T for
Network Integration Services. (Agenda Item No. 20-154) (Dave Frizzell, IT Manager)
4. Approval of an Agreement between the City of Milton, Georgia and
Invoice Cloud for Electronic Payment Processing Services. (Agenda Item No. 20-155) (Stacey Inglis, Assistant City Manager)
5. Approval of Subdivision Plat and Revision.
Name of Development / Location Action Comments /
# lots
Total
Acres Density
1. Excel Capital Construction
LL 1171 and 1172
12450 Charlotte Drive
Minor
Plat
Create 2
Lots 4.25 0.47 / acre
(Agenda Item No. 20-156) (Parag Agrawal, Community Development Director)
7) REPORTS AND PRESENTATIONS (None)
8) FIRST PRESENTATION
1. Consideration to Adopt the Revised Milton Tree Canopy Conservation
Ordinance and Tree Conservation Manual. (Agenda Item No. 20-157) (Parag Agrawal, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 1, 2020
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2. Consideration of An Ordinance of the Mayor and Council of the City of
Milton, Georgia, To Adopt Amendments to the Fiscal 2020 Budget for the
General Fund of the City of Milton, Georgia Amending the Amounts
Shown as Expenditures, Prohibiting Expenditures to Exceed Appropriations,
and Prohibiting Expenditures to Exceed Actual Funding Available.
(Agenda Item No. 20-158)
(Bernadette Harvill, Finance Director)
9) PUBLIC HEARING
1. Consideration of An Ordinance of the Mayor and Council of the City of
Milton, Georgia, To Adopt Amendments to the Fiscal 2020 Budget for the
General Fund of the City of Milton, Georgia Amending the Amounts Shown
as Expenditures, Prohibiting Expenditures to Exceed Appropriations, and
Prohibiting Expenditures to Exceed Actual Funding Available.
(Agenda Item No. 20-158)
(First Presentation at June 1, 2020 City Council Meeting)
(Bernadette Harvill, Finance Director)
10) ZONING AGENDA (None)
11) UNFINISHED BUSINESS
1. Consideration of Amendments to Chapter 32 of the Milton City Code, to
Prohibit the Use of Vaping Products on City-Owned Property.
(Agenda Item No. 20-145)
(First Presentation at May 18, 2020 City Council Meeting)
(Jim Cregge, Parks & Recreation Director)
2. Consideration of Amendments to Chapter 34 of the Milton City Code, to
Prohibit the Use of Vaping Products in City Parks and to Eliminate Article 3:
Special Events.
(Agenda Item No. 20-146)
(First Presentation at May 18, 2020 City Council Meeting)
(Jim Cregge, Parks & Recreation Director)
3. Consideration of an Ordinance Authorizing the Conditional Operation of
Personal Transportation Vehicles on Designated City Streets.
(Agenda Item No. 20-147) (First Presentation at May 18, 2020 City Council Meeting)
(Rich Austin, Police Chief)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 1, 2020
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4. Consideration of RZ20-01 – Definitions Regarding Chapter 64 Zoning of the
Code of the City of Milton, Georgia.
(Agenda Item No. 20-044)
(First Presentation at the February 19, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager)
5. Consideration of RZ20-02 Sec. 64-395, Uses Prohibited in All Districts.
(Agenda Item No. 20-045)
(First Presentation at the February 19, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager)
6. Consideration of RZ20-03 Sec. 64-752(1), Mixed Use District Permitted Uses.
(Agenda Item No. 20-046)
(First Presentation at the February 19, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager)
7. Consideration of RZ20-04 Sec. 64-775(1), Sec. 64-775(2), Permitted and
Accessory Uses in C-1 (Community Business) District.
(Agenda Item No. 20-047)
(First Presentation at the February 19, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager)
8. Consideration of RZ20-05 Sec. 64-798(1), Sec. 64-798(2) Permitted and
Accessory Uses in C-2 (Community Business) District.
(Agenda Item No. 20-048)
(First Presentation at the February 19, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager)
9. Consideration of RZ20-06 Sec. 64-895(1), Sec. 64-895(2) Permitted and
Accessory Uses in Community Unit Plan (CUP) District.
(Agenda Item No. 20-049)
(First Presentation at the February 19, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager)
10. Consideration of RZ20-07 Sec. 64-1112, Allowed Use Chart.
(Agenda Item No. 20-050)
(First Presentation at the February 19, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager)
11. Consideration of RZ20-08 Sec. 64, Article XIX, Crabapple Form Based
Code, 6-1 Definitions, Table 9.
(Agenda Item No. 20-051)
(First Presentation at the February 19, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 1, 2020
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12. Consideration of RZ20-09 Sec. 64, Article XX, Deerfield Form Based
Code, 6-1 Definitions, Table 10.
(Agenda Item No. 20-052)
(First Presentation at the February 19, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager)
13. Consideration of an Ordinance to Amend Chapter 4, Alcoholic
Beverages of the Code of the City of Milton, Georgia.
(Agenda Item No. 20-053)
(First Presentation at the February 19, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager)
14. Consideration of an Ordinance to Amend Appendix A, Section 4-52
Related to Chapter 4, Alcoholic Beverages of the Code of the City of
Milton, Georgia.
(Agenda Item No. 20-054)
(First Presentation at the February 19, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager)
12) NEW BUSINESS
1. Consideration of a Resolution Appointing Members to the City of Milton
Citizens Advisory Committee for the City of Milton 2040 Comprehensive Plan
– The Comprehensive Plan Advisory Committee (CPAC).
(Agenda Item No. 20-159) (Mayor Joe Lockwood)
2. Consideration of a Resolution to Enter Into a Cooperation Agreement
Between the City of Milton and Fulton County to Continue Participation in
the Fulton County Community Development Block Grant Program (CDBG)
for the Program Years 2021, 2022, and 2023.
(Agenda Item No. 20-160) (Ken Jarrard, City Attorney)
3. Consideration of a Resolution of the City of Milton Calling for the State of
Georgia Fiscal Year 2021 Budget to Include Funding for New NOW/COMP
Waiver Recipients.
(Agenda Item No. 20-161) (Steve Krokoff, City Manager)
13) MAYOR AND COUNCIL REPORTS
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 1, 2020
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STAFF REPORTS
Department Updates
1. Public Works
2. Economic Development
14) EXECUTIVE SESSION (Land Acquisition and Litigation)
15) ADJOURNMENT (Agenda Item No. 20-162)
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 26, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of the Financial Statements and Investment Report
for the Period Ending April 2020.
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 584D3994-0E11-4187-8F35-8D71E3A2EF44
June 1, 2020
X
X
X
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on May 20, 2020 for the June 1, 2020 Regular
Council Meeting
Agenda Item: Financial Statements & Investment Report for Period 7 – April 2020
Overview and Financial Highlights:
General Fund
Revenue collections for the General Fund are 1.71% over what is
anticipated for the seventh period of the fiscal year.
Total expenditures to-date are $16,393,237 and are 11.60% 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 $13,301,568, capital
expenditures-to-date total $1,556,864.
Please note that the financial statements for capital related funds include
current encumbrances. This will provide a clear picture of future
commitments of resources prior to an actual payment being made.
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DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending April 2020
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Property Tax 12,025,225 179,989 81,373 98,616 12,281,335 11,994,550 286,785
Motor Vehicle Tax 452,100 89,528 37,342 52,186 607,209 224,053 383,155
Intangible Tax 215,000 30,518 17,910 12,609 189,754 107,457 82,297
Real Estate Transfer Tax 100,000 7,856 8,330 (474) 59,768 49,980 9,788
Franchise Fees 2,105,800 184,320 254,300 (69,980) 1,018,931 1,076,700 (57,769)
Local Option Sales Tax 9,400,000 656,497 783,020 (126,523) 4,747,023 4,855,100 (108,077)
Alcohol Beverage Excise Tax 310,000 24,581 25,730 (1,149) 160,815 154,380 6,435
Business & Occupation Tax 800,000 217,472 40,000 177,472 621,817 800,000 (178,183)
Insurance Premium Tax 2,500,000 - - - - - -
Financial Institution Tax 45,000 - - - 52,187 45,000 7,187
Penalties & Interest 22,200 3,740 2,975 765 38,086 11,025 27,061
Alcohol Beverage Licenses 170,000 - - - 152,375 156,400 (4,025)
Other Non-Business Permits/Licenses 33,100 2,077 2,682 (605) 21,809 18,976 2,833
Zoning & Land Disturbance Permits 58,350 355 4,861 (4,506) 49,165 34,024 15,141
Building Permits 350,000 19,735 28,000 (8,265) 162,536 189,000 (26,464)
Intergovernmental Revenue - - - - - - -
Other Charges for Service 517,420 18,016 47,534 (29,518) 247,913 324,205 (76,292)
Municipal Court Fines 380,000 9,477 31,654 (22,177) 171,019 221,578 (50,559)
Interest Earnings 301,000 14,752 25,073 (10,321) 161,048 175,513 (14,465)
Contributions & Donations - - - - 23,503 - 23,503
Other Revenue 108,726 4,366 9,174 (4,808) 71,369 60,866 10,503
Other Financing Sources 93,093 8,575 9,424 (849) 68,372 55,971 12,401
Total Revenues 29,987,014 1,471,854 1,409,382 62,472 20,906,033 20,554,778 351,255
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Mayor and Council 196,111 8,427 9,705 (1,278) 80,956 98,698 (17,742)
City Clerk 390,928 9,576 18,886 (9,309) 116,122 288,302 (172,181)
City Manager 644,897 39,317 41,834 (2,517) 325,210 329,646 (4,436)
General Administration 58,673 25 5,372 (5,347) 18,756 34,435 (15,679)
Finance 646,442 30,071 44,401 (14,331) 350,159 412,844 (62,685)
Legal 295,000 - - - 164,078 147,500 16,578
Information Technology 1,362,876 62,215 95,573 (33,358) 676,064 779,694 (103,630)
Human Resources 349,281 18,673 25,736 (7,062) 162,046 212,168 (50,122)
Risk Management 266,706 - 1,083 (1,083) 140,107 161,096 (20,990)
General Government Buildings 259,502 6,477 17,507 (11,030) 117,038 133,817 (16,778)
Communications 292,875 16,371 21,981 (5,609) 117,496 168,223 (50,727)
Community Outreach & Engagement 164,367 11,176 12,328 (1,153) 90,650 98,535 (7,885)
Municipal Court 470,202 30,186 35,115 (4,929) 242,929 254,914 (11,985)
Police 5,629,833 327,417 434,643 (107,225) 2,985,016 3,298,156 (313,141)
Fire 7,722,910 489,161 585,676 (96,515) 4,375,046 4,716,637 (341,591)
Public Works 2,979,237 148,999 196,813 (47,814) 1,129,516 1,453,434 (323,919)
Parks & Recreation (Active)1,518,414 35,748 60,147 (24,400) 835,783 887,688 (51,906)
Passive Parks/Greenspace 137,789 428 11,020 (10,592) 58,573 79,639 (21,065)
Community Development 1,701,891 98,570 125,742 (27,172) 828,522 943,084 (114,562)
Economic Development 179,655 8,176 8,787 (612) 94,035 113,929 (19,895)
Debt Service 1,177,201 - - - 630,000 1,076,257 (446,257)
Operating Transfers to Other Funds 4,894,518 407,877 407,877 - 2,855,136 2,855,136 -
Operating Reserve 264,448 - - - - - -
Total expenditures 31,603,756 1,748,891 2,160,225 (411,336)16,393,237 18,543,833 (2,150,596)
Net Income/(Loss)(1,616,742)(277,037)4,512,797
Fund Balance - Beginning 10,495,407 10,495,407
Fund Balance - Ending 8,878,665 15,008,203
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
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DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Crabapple Fest Vendor Fee -$ -$ 1,100$ 1,100$
Rock for Rescues Vendor Fee - - - -
Summer Event Vendor Fee - - - -
Interest Revenues - 23 35 35
Crabapple Fest Sponsor 15,000 - 7,500 (7,500)
Earth Day Sponsor - - - -
Summer Event Sponsor 2,000 - - (2,000)
Private Entity Contributions - - - -
Gas South Partnership - 95 538 538
Total revenues 17,000$ 118$ 9,173$ (7,827)$
EXPENDITURES
Current:
Special Events 120,688$ -$ 50,792$ 69,896$
Total Expenditures 120,688$ -$ 50,792$ 69,896$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 80,000 2,541$ 31,335 (48,665)
Total other financing sources and uses 80,000$ 2,541$ 31,335$ (48,665)$
Net change in fund balances (23,688)$ (10,284)$
Fund balance - beginning 71,176 71,176
Fund balance - ending 47,488$ 60,892$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
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DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ 1,521$ 1,521$
Cash Confiscations/Fed Funds - - - -
Interest Revenues/State Funds - - - -
Interest Revenues/Federal Funds - 24 42 42
Realized Gain on Investments/State Funds - - - -
Proceeds of Sale of Assets - - - -
Total revenues -$ 24$ 1,563$ 1,563$
EXPENDITURES
Current:
Police 6,716$ 287$ 13,720$ (7,004)$
Total Expenditures 6,716$ 287$ 13,720$ (7,004)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances (6,716)$ (12,157)$
Fund balance - beginning 95,166 95,166
Fund balance - ending 88,450$ 83,009$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
4 of 13
DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 980,000$ 88,057$ 635,612$ (344,388)$
Total revenues 980,000$ 88,057$ 635,612$ (344,388)$
EXPENDITURES
Current:
Public Safety 980,000$ 88,057$ 635,612$ 344,388$
Total Expenditures 980,000$ 88,057$ 635,612$ 344,388$
OTHER FINANCING SOURCES (USES)
Unallocated -$ -$ -$ -$
Transfers out to Capital Projects - - - -
Net change in fund balances -$ -$
Fund balance - beginning - -
Fund balance - ending -$ -$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
5 of 13
DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 80,000$ 2,541$ 31,335$ (48,665)$
Total revenues 80,000$ 2,541$ 31,335$ (48,665)$
OTHER FINANCING SOURCES (USES)
Transfers out to Special Events Fund 80,000$ 2,541$ 31,335$ (48,665)$
Total other financing sources and uses 80,000$ 2,541$ 31,335$ (48,665)$
Net change in fund balances -$ -$
Fund balance - beginning - -
Fund balance - ending -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
6 of 13
DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
Original
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 110,000$ 17,297$ 49,871$ 49,871$ (60,129)$
Infrastructure Maint Penalty & Interest - - 483 483 483
Tree Recompense - - - - -
Landfill Host Fees 48,000 - 12,705 12,705 (35,295)
Interest Revenue - 373 771 771 771
Total revenues 158,000$ 17,671$ 63,831$ 63,831$ (94,169)$
EXPENDITURES
Capital Outlay
City Council -$ -$ -$ -$ -$
General Admin 13,762 - - - 13,762
Finance 162,315 - - - 162,315
Information Services 383,944 - 56,971 56,971 326,973
General Govt Bldg 46,266 - - - 46,266
Police 226,857 48,274 86,068 266,472 (39,615)
Fire 1,849,610 - 1,158,606 1,158,606 691,005
Public Works 5,698,404 440 127,323 429,787 5,268,616
Parks & Recreation (Active)3,287,597 - 176,926 342,595 2,945,002
Passive Parks/Greenspace 973,188 - - - 973,188
Community Development 659,626 2,636 14,800 259,436 400,190
Total Capital Outlay 13,301,568$ 51,350$ 1,620,695$ 2,513,868$ 10,787,700$
Excess of revenues over expenditures (13,143,568)$ (33,680)$ (1,556,864)$ (2,450,037)$ (10,881,869)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 4,894,518$ 407,877$ 2,855,136$ 2,855,136$ (2,039,383)$
Transfer out to General Fund (83,093) (6,924) (48,471) (48,471) 34,622
Contingencies (147,450) - - - 147,450
Total other financing sources and uses 4,663,975$ 400,952$ 2,806,665$ 2,806,665$ (1,857,310)$
Net change in fund balances (8,479,593)$ 1,249,801$ 356,627$
Fund balance - beginning 8,532,749 8,532,749 8,532,749
Fund balance - ending 53,155$ 9,782,549$ 8,889,376$
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
7 of 13
DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
Original
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 1,683,096$ 10,996$ 1,700,088$ 1,700,088$ 16,992$
Real Property Tax-Prior Year - 1,460 13,522 13,522 13,522
Public Utility Tax-Current Year 13,220 11,814 12,604 12,604 (616)
Personal Property Tax-Current Year 25,090 63 24,977 24,977 (113)
Personal Property Tax-Prior Year - 15 55 55 55
Motor Vehicle Tax 5,689 516 2,764 2,764 (2,925)
Penalties & Interest - Real Property - 93 2,430 2,430 2,430
Penalties & Interest - Personal Property - 2 168 168 168
Other Miscellaneous Revenue - - 37,350 37,350 37,350
Interest Revenue (Regions)200,000 5,141 48,014 48,014 (151,986)
Interest Revenue (SunTrust)- 81 287 287 287
Total revenues 1,927,095$ 30,182$ 1,842,259$ 1,842,259$ (84,836)$
EXPENDITURES
Capital Outlay
Passive Parks/Greenspace 7,637,331$ -$ 1,321,844$ 1,321,845$ 6,315,485$
Bond Principal 855,000 855,000 855,000 855,000 -
Bond Interest 858,875 429,438 858,875 858,875 -
Total Capital Outlay 9,351,206$ 1,284,438$ 3,035,719$ 3,035,720$ 6,315,486$
Excess of revenues over expenditures (7,424,111)$ (1,254,255)$ (1,193,461)$ (1,193,461)$ 6,230,650$
Net change in fund balances (7,424,111)$ (1,193,461)$ (1,193,461)$
Fund balance - beginning 7,536,608 7,536,608 7,536,608
Fund balance - ending 112,497$ 6,343,147$ 6,343,146$
City of Milton
Greenspace Bond Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
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DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
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 6,300,000$ 481,674$ 3,251,919$ 3,251,919$ (3,048,081)
Interest Revenues - 991 1,473 1,473 1,473
Realized Gain or Loss (GA Fund 1)200,000 8,133 106,209 106,209 (93,791)
Total revenues 6,500,000$ 490,797$ 3,359,600$ 3,359,600$ (3,140,400)$
EXPENDITURES
Capital Outlay
Public Works 17,181,402$ 12,940$ 1,420,921$ 2,644,046$ 14,537,355
Total Capital Outlay 17,181,402$ 12,940$ 1,420,921$ 2,644,046$ 14,537,355$
Excess of revenues over expenditures (10,681,402)$ 477,857$ 1,938,679$ 715,554$ 11,396,956$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances (10,681,402)$ 1,938,679$ 715,554$
Fund balance - beginning 13,950,834 13,950,834 13,950,834
Fund balance - ending 3,269,433$ 15,889,513$ 14,666,388$
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 April 30, 2020
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DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
Recreation Trail Program -$ -$ -$ -$ -$
Land & Water Conservation Grant - - 6,412 6,412 6,412
LMIG Funds 405,528 - 444,773 444,773 39,245
Trail Connection to Big Creek Greenway 400,000 - 1,080 1,080 (398,920)
Interest Revenues - 495 735 735 735
Contributions & Donations - - - - -
Total revenues 805,528$ 495$ 452,999$ 452,999$ (352,529)$
EXPENDITURES
Capital Outlay
Public Works 1,383,489$ -$ 1,350$ 45,000$ 1,338,489$
Parks & Recreation 631,443 - 4,015 11,300 620,143
Community Development 104,793 5,000 5,000 34,350 70,443
Total Capital Outlay 2,119,725$ 5,000$ 10,365$ 90,650$ 2,029,075$
Excess of revenues over expenditures (1,314,197)$ (4,505)$ 442,634$ 362,349$ 1,676,547$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Transfer Out to Capital Projects Fund - - - - -
Budgeted Fund Balance - - - - -$
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances (1,314,197)$ 442,634$ 362,349$
Fund balance - beginning 850,459 850,459 850,459
Fund balance - ending (463,738)$ 1,293,094$ 1,212,809$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
10 of 13
DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Admin Fund 30,000$ 1,130$ 16,281$ 16,281$ (13,719)$
Law Enforcement Fund 13,000 474 7,254 7,254 (5,746)
Fire Fund 72,500 2,718 41,568 41,568 (30,932)
Road Fund 110,000 3,392 52,612 52,612 (57,388)
Park Fund 650,000 31,076 441,272 441,272 (208,728)
Interest Revenues/Admin Fund - 25 41 41 41
Interest Revenues/Law Enforcement Fund - 10 18 18 18
Interest Revenues/Fire Fund - 59 102 102 102
Interest Revenues/Road Fund - 74 128 128 128
Interest Revenues/Park Fund - 680 1,134 1,134 1,134
Total revenues 875,500$ 39,638$ 560,410$ 560,410$ (315,090)$
EXPENDITURES
General Government Buildings 73,437$ -$ -$ -$ 73,437$
Fire 319,372 - - - 319,372
Public Works 266,709 - - 152,967 113,742
Parks & Recreation 3,063,327 - 1,351,331 1,351,331 1,711,997
Community Development 59,195 - - - 59,195
Total Capital Outlay 3,782,040$ -$ 1,351,331$ 1,504,298$ 2,277,742$
Excess of revenues over expenditures (2,906,540)$ 39,638$ (790,921)$ (943,888)$ 1,962,652$
OTHER FINANCING SOURCES (USES)
Transfer Out to General Fund/Admin -$ -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances (2,906,540)$ (790,921)$ (943,888)$
Fund balance - beginning 3,004,194 3,004,194 3,004,194
Fund balance - ending 97,654$ 2,213,273$ 2,060,306$
City of Milton
Capital Projects Fund - Impact Fees
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
11 of 13
DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues -$ -$ -$ -$ -$
Interest Revenues - 13,163 110,338 110,338 110,338
Contributions & Donations - - - - -
Total revenues -$ 13,163$ 110,338$ 110,338$ 110,338$
EXPENDITURES
Capital Outlay
General Government Buildings 13,853,347$ -$ 5,168,889$ 12,515,672$ 1,337,675$
Fire 3,706,563 - - - 3,706,563
Fiscal Agent's Fees - - 114,971 114,971 (114,971)
Issuance Costs - - 387,932 387,932 (387,932)
Bond Principal - - 7,881,627 7,881,627 (7,881,627)
Total Capital Outlay 17,559,910$ -$ 13,553,419$ 20,900,202$ (3,340,292)$
Excess of revenues over expenditures (17,559,910)$ 13,163$ (13,443,081)$ (20,789,864)$ (3,229,954)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Transfers out to General Fund - - - - -
Revenue Bond Proceeds - - 27,493,663 27,493,663 27,493,663
Total other financing sources and uses -$ -$ 27,493,663$ 27,493,663$ 27,493,663$
Net change in fund balances (17,559,910)$ 14,050,582$ 6,703,799$
Fund balance - beginning (1,546,653) (1,546,653) (1,546,653)
Fund balance - ending (19,106,563)$ 12,503,929$ 5,157,146$
City of Milton
Capital Projects Fund - Revenue Bond
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
12 of 13
DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
Amount Percent Yield
Money Market - Quantum Bank 5,380,693 18%1.22%
GA Fund 1 12,479,628 41%0.80%
GA Fund 1 (TSPLOST)12,345,889 41%0.80%
Grand Total Investment Portfolio 30,206,210 100%
Current
Month YTD
Current
Month YTD
Interest earned 14,752 160,688 8,133 106,209
Budgeted interest 25,000 175,000 16,667 116,667
Variance over/(under)(10,248) (14,312) (8,534) (10,458)
General Fund TSPLOST Fund
City of Milton
Investment Portfolio
Month Ending April 30, 2020
13 of 13
DocuSign Envelope ID: 779C7576-AA00-4FCB-B3AF-C515664AA12C
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending April 2020
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Property Tax 12,025,225 179,989 81,373 98,616 12,281,335 11,994,550 286,785
Motor Vehicle Tax 452,100 89,528 37,342 52,186 607,209 224,053 383,155
Intangible Tax 215,000 30,518 17,910 12,609 189,754 107,457 82,297
Real Estate Transfer Tax 100,000 7,856 8,330 (474) 59,768 49,980 9,788
Franchise Fees 2,105,800 184,320 254,300 (69,980) 1,018,931 1,076,700 (57,769)
Local Option Sales Tax 9,400,000 656,497 783,020 (126,523) 4,747,023 4,855,100 (108,077)
Alcohol Beverage Excise Tax 310,000 24,581 25,730 (1,149) 160,815 154,380 6,435
Business & Occupation Tax 800,000 217,472 40,000 177,472 621,817 800,000 (178,183)
Insurance Premium Tax 2,500,000 - - - - - -
Financial Institution Tax 45,000 - - - 52,187 45,000 7,187
Penalties & Interest 22,200 3,740 2,975 765 38,086 11,025 27,061
Alcohol Beverage Licenses 170,000 - - - 152,375 156,400 (4,025)
Other Non-Business Permits/Licenses 33,100 2,077 2,682 (605) 21,809 18,976 2,833
Zoning & Land Disturbance Permits 58,350 355 4,861 (4,506) 49,165 34,024 15,141
Building Permits 350,000 19,735 28,000 (8,265) 162,536 189,000 (26,464)
Intergovernmental Revenue - - - - - - -
Other Charges for Service 517,420 18,016 47,534 (29,518) 247,913 324,205 (76,292)
Municipal Court Fines 380,000 9,477 31,654 (22,177) 171,019 221,578 (50,559)
Interest Earnings 301,000 14,752 25,073 (10,321) 161,048 175,513 (14,465)
Contributions & Donations - - - - 23,503 - 23,503
Other Revenue 108,726 4,366 9,174 (4,808) 71,369 60,866 10,503
Other Financing Sources 93,093 8,575 9,424 (849) 68,372 55,971 12,401
Total Revenues 29,987,014 1,471,854 1,409,382 62,472 20,906,033 20,554,778 351,255
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Mayor and Council 196,111 8,427 9,705 (1,278) 80,956 98,698 (17,742)
City Clerk 390,928 9,576 18,886 (9,309) 116,122 288,302 (172,181)
City Manager 644,897 39,317 41,834 (2,517) 325,210 329,646 (4,436)
General Administration 58,673 25 5,372 (5,347) 18,756 34,435 (15,679)
Finance 646,442 30,071 44,401 (14,331) 350,159 412,844 (62,685)
Legal 295,000 - - - 164,078 147,500 16,578
Information Technology 1,362,876 62,215 95,573 (33,358) 676,064 779,694 (103,630)
Human Resources 349,281 18,673 25,736 (7,062) 162,046 212,168 (50,122)
Risk Management 266,706 - 1,083 (1,083) 140,107 161,096 (20,990)
General Government Buildings 259,502 6,477 17,507 (11,030) 117,038 133,817 (16,778)
Communications 292,875 16,371 21,981 (5,609) 117,496 168,223 (50,727)
Community Outreach & Engagement 164,367 11,176 12,328 (1,153) 90,650 98,535 (7,885)
Municipal Court 470,202 30,186 35,115 (4,929) 242,929 254,914 (11,985)
Police 5,629,833 327,417 434,643 (107,225) 2,985,016 3,298,156 (313,141)
Fire 7,722,910 489,161 585,676 (96,515) 4,375,046 4,716,637 (341,591)
Public Works 2,979,237 148,999 196,813 (47,814) 1,129,516 1,453,434 (323,919)
Parks & Recreation (Active)1,518,414 35,748 60,147 (24,400) 835,783 887,688 (51,906)
Passive Parks/Greenspace 137,789 428 11,020 (10,592) 58,573 79,639 (21,065)
Community Development 1,701,891 98,570 125,742 (27,172) 828,522 943,084 (114,562)
Economic Development 179,655 8,176 8,787 (612) 94,035 113,929 (19,895)
Debt Service 1,177,201 - - - 630,000 1,076,257 (446,257)
Operating Transfers to Other Funds 4,894,518 407,877 407,877 - 2,855,136 2,855,136 -
Operating Reserve 264,448 - - - - - -
Total expenditures 31,603,756 1,748,891 2,160,225 (411,336)16,393,237 18,543,833 (2,150,596)
Net Income/(Loss)(1,616,742)(277,037)4,512,797
Fund Balance - Beginning 10,495,407 10,495,407
Fund Balance - Ending 8,878,665 15,008,203
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
2 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Crabapple Fest Vendor Fee -$ -$ 1,100$ 1,100$
Rock for Rescues Vendor Fee - - - -
Summer Event Vendor Fee - - - -
Interest Revenues - 23 35 35
Crabapple Fest Sponsor 15,000 - 7,500 (7,500)
Earth Day Sponsor - - - -
Summer Event Sponsor 2,000 - - (2,000)
Private Entity Contributions - - - -
Gas South Partnership - 95 538 538
Total revenues 17,000$ 118$ 9,173$ (7,827)$
EXPENDITURES
Current:
Special Events 120,688$ -$ 50,792$ 69,896$
Total Expenditures 120,688$ -$ 50,792$ 69,896$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 80,000 2,541$ 31,335 (48,665)
Total other financing sources and uses 80,000$ 2,541$ 31,335$ (48,665)$
Net change in fund balances (23,688)$ (10,284)$
Fund balance - beginning 71,176 71,176
Fund balance - ending 47,488$ 60,892$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
3 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ 1,521$ 1,521$
Cash Confiscations/Fed Funds - - - -
Interest Revenues/State Funds - - - -
Interest Revenues/Federal Funds - 24 42 42
Realized Gain on Investments/State Funds - - - -
Proceeds of Sale of Assets - - - -
Total revenues -$ 24$ 1,563$ 1,563$
EXPENDITURES
Current:
Police 6,716$ 287$ 13,720$ (7,004)$
Total Expenditures 6,716$ 287$ 13,720$ (7,004)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances (6,716)$ (12,157)$
Fund balance - beginning 95,166 95,166
Fund balance - ending 88,450$ 83,009$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
4 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 980,000$ 88,057$ 635,612$ (344,388)$
Total revenues 980,000$ 88,057$ 635,612$ (344,388)$
EXPENDITURES
Current:
Public Safety 980,000$ 88,057$ 635,612$ 344,388$
Total Expenditures 980,000$ 88,057$ 635,612$ 344,388$
OTHER FINANCING SOURCES (USES)
Unallocated -$ -$ -$ -$
Transfers out to Capital Projects - - - -
Net change in fund balances -$ -$
Fund balance - beginning - -
Fund balance - ending -$ -$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
5 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 80,000$ 2,541$ 31,335$ (48,665)$
Total revenues 80,000$ 2,541$ 31,335$ (48,665)$
OTHER FINANCING SOURCES (USES)
Transfers out to Special Events Fund 80,000$ 2,541$ 31,335$ (48,665)$
Total other financing sources and uses 80,000$ 2,541$ 31,335$ (48,665)$
Net change in fund balances -$ -$
Fund balance - beginning - -
Fund balance - ending -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
6 of 13
Original
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 110,000$ 17,297$ 49,871$ 49,871$ (60,129)$
Infrastructure Maint Penalty & Interest - - 483 483 483
Tree Recompense - - - - -
Landfill Host Fees 48,000 - 12,705 12,705 (35,295)
Interest Revenue - 373 771 771 771
Total revenues 158,000$ 17,671$ 63,831$ 63,831$ (94,169)$
EXPENDITURES
Capital Outlay
City Council -$ -$ -$ -$ -$
General Admin 13,762 - - - 13,762
Finance 162,315 - - - 162,315
Information Services 383,944 - 56,971 56,971 326,973
General Govt Bldg 46,266 - - - 46,266
Police 226,857 48,274 86,068 266,472 (39,615)
Fire 1,849,610 - 1,158,606 1,158,606 691,005
Public Works 5,698,404 440 127,323 429,787 5,268,616
Parks & Recreation (Active)3,287,597 - 176,926 342,595 2,945,002
Passive Parks/Greenspace 973,188 - - - 973,188
Community Development 659,626 2,636 14,800 259,436 400,190
Total Capital Outlay 13,301,568$ 51,350$ 1,620,695$ 2,513,868$ 10,787,700$
Excess of revenues over expenditures (13,143,568)$ (33,680)$ (1,556,864)$ (2,450,037)$ (10,881,869)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 4,894,518$ 407,877$ 2,855,136$ 2,855,136$ (2,039,383)$
Transfer out to General Fund (83,093) (6,924) (48,471) (48,471) 34,622
Contingencies (147,450) - - - 147,450
Total other financing sources and uses 4,663,975$ 400,952$ 2,806,665$ 2,806,665$ (1,857,310)$
Net change in fund balances (8,479,593)$ 1,249,801$ 356,627$
Fund balance - beginning 8,532,749 8,532,749 8,532,749
Fund balance - ending 53,155$ 9,782,549$ 8,889,376$
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
7 of 13
Original
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 1,683,096$ 10,996$ 1,700,088$ 1,700,088$ 16,992$
Real Property Tax-Prior Year - 1,460 13,522 13,522 13,522
Public Utility Tax-Current Year 13,220 11,814 12,604 12,604 (616)
Personal Property Tax-Current Year 25,090 63 24,977 24,977 (113)
Personal Property Tax-Prior Year - 15 55 55 55
Motor Vehicle Tax 5,689 516 2,764 2,764 (2,925)
Penalties & Interest - Real Property - 93 2,430 2,430 2,430
Penalties & Interest - Personal Property - 2 168 168 168
Other Miscellaneous Revenue - - 37,350 37,350 37,350
Interest Revenue (Regions)200,000 5,141 48,014 48,014 (151,986)
Interest Revenue (SunTrust)- 81 287 287 287
Total revenues 1,927,095$ 30,182$ 1,842,259$ 1,842,259$ (84,836)$
EXPENDITURES
Capital Outlay
Passive Parks/Greenspace 7,637,331$ -$ 1,321,844$ 1,321,845$ 6,315,485$
Bond Principal 855,000 855,000 855,000 855,000 -
Bond Interest 858,875 429,438 858,875 858,875 -
Total Capital Outlay 9,351,206$ 1,284,438$ 3,035,719$ 3,035,720$ 6,315,486$
Excess of revenues over expenditures (7,424,111)$ (1,254,255)$ (1,193,461)$ (1,193,461)$ 6,230,650$
Net change in fund balances (7,424,111)$ (1,193,461)$ (1,193,461)$
Fund balance - beginning 7,536,608 7,536,608 7,536,608
Fund balance - ending 112,497$ 6,343,147$ 6,343,146$
City of Milton
Greenspace Bond Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
8 of 13
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 6,300,000$ 481,674$ 3,251,919$ 3,251,919$ (3,048,081)
Interest Revenues - 991 1,473 1,473 1,473
Realized Gain or Loss (GA Fund 1)200,000 8,133 106,209 106,209 (93,791)
Total revenues 6,500,000$ 490,797$ 3,359,600$ 3,359,600$ (3,140,400)$
EXPENDITURES
Capital Outlay
Public Works 17,181,402$ 12,940$ 1,420,921$ 2,644,046$ 14,537,355
Total Capital Outlay 17,181,402$ 12,940$ 1,420,921$ 2,644,046$ 14,537,355$
Excess of revenues over expenditures (10,681,402)$ 477,857$ 1,938,679$ 715,554$ 11,396,956$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances (10,681,402)$ 1,938,679$ 715,554$
Fund balance - beginning 13,950,834 13,950,834 13,950,834
Fund balance - ending 3,269,433$ 15,889,513$ 14,666,388$
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 April 30, 2020
9 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
Recreation Trail Program -$ -$ -$ -$ -$
Land & Water Conservation Grant - - 6,412 6,412 6,412
LMIG Funds 405,528 - 444,773 444,773 39,245
Trail Connection to Big Creek Greenway 400,000 - 1,080 1,080 (398,920)
Interest Revenues - 495 735 735 735
Contributions & Donations - - - - -
Total revenues 805,528$ 495$ 452,999$ 452,999$ (352,529)$
EXPENDITURES
Capital Outlay
Public Works 1,383,489$ -$ 1,350$ 45,000$ 1,338,489$
Parks & Recreation 631,443 - 4,015 11,300 620,143
Community Development 104,793 5,000 5,000 34,350 70,443
Total Capital Outlay 2,119,725$ 5,000$ 10,365$ 90,650$ 2,029,075$
Excess of revenues over expenditures (1,314,197)$ (4,505)$ 442,634$ 362,349$ 1,676,547$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Transfer Out to Capital Projects Fund - - - - -
Budgeted Fund Balance - - - - -$
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances (1,314,197)$ 442,634$ 362,349$
Fund balance - beginning 850,459 850,459 850,459
Fund balance - ending (463,738)$ 1,293,094$ 1,212,809$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
10 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Admin Fund 30,000$ 1,130$ 16,281$ 16,281$ (13,719)$
Law Enforcement Fund 13,000 474 7,254 7,254 (5,746)
Fire Fund 72,500 2,718 41,568 41,568 (30,932)
Road Fund 110,000 3,392 52,612 52,612 (57,388)
Park Fund 650,000 31,076 441,272 441,272 (208,728)
Interest Revenues/Admin Fund - 25 41 41 41
Interest Revenues/Law Enforcement Fund - 10 18 18 18
Interest Revenues/Fire Fund - 59 102 102 102
Interest Revenues/Road Fund - 74 128 128 128
Interest Revenues/Park Fund - 680 1,134 1,134 1,134
Total revenues 875,500$ 39,638$ 560,410$ 560,410$ (315,090)$
EXPENDITURES
General Government Buildings 73,437$ -$ -$ -$ 73,437$
Fire 319,372 - - - 319,372
Public Works 266,709 - - 152,967 113,742
Parks & Recreation 3,063,327 - 1,351,331 1,351,331 1,711,997
Community Development 59,195 - - - 59,195
Total Capital Outlay 3,782,040$ -$ 1,351,331$ 1,504,298$ 2,277,742$
Excess of revenues over expenditures (2,906,540)$ 39,638$ (790,921)$ (943,888)$ 1,962,652$
OTHER FINANCING SOURCES (USES)
Transfer Out to General Fund/Admin -$ -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances (2,906,540)$ (790,921)$ (943,888)$
Fund balance - beginning 3,004,194 3,004,194 3,004,194
Fund balance - ending 97,654$ 2,213,273$ 2,060,306$
City of Milton
Capital Projects Fund - Impact Fees
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
11 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues -$ -$ -$ -$ -$
Interest Revenues - 13,163 110,338 110,338 110,338
Contributions & Donations - - - - -
Total revenues -$ 13,163$ 110,338$ 110,338$ 110,338$
EXPENDITURES
Capital Outlay
General Government Buildings 13,853,347$ -$ 5,168,889$ 12,515,672$ 1,337,675$
Fire 3,706,563 - - - 3,706,563
Fiscal Agent's Fees - - 114,971 114,971 (114,971)
Issuance Costs - - 387,932 387,932 (387,932)
Bond Principal - - 7,881,627 7,881,627 (7,881,627)
Total Capital Outlay 17,559,910$ -$ 13,553,419$ 20,900,202$ (3,340,292)$
Excess of revenues over expenditures (17,559,910)$ 13,163$ (13,443,081)$ (20,789,864)$ (3,229,954)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Transfers out to General Fund - - - - -
Revenue Bond Proceeds - - 27,493,663 27,493,663 27,493,663
Total other financing sources and uses -$ -$ 27,493,663$ 27,493,663$ 27,493,663$
Net change in fund balances (17,559,910)$ 14,050,582$ 6,703,799$
Fund balance - beginning (1,546,653) (1,546,653) (1,546,653)
Fund balance - ending (19,106,563)$ 12,503,929$ 5,157,146$
City of Milton
Capital Projects Fund - Revenue Bond
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended April 30, 2020
12 of 13
Amount Percent Yield
Money Market - Quantum Bank 5,380,693 18%1.22%
GA Fund 1 12,479,628 41%0.80%
GA Fund 1 (TSPLOST)12,345,889 41%0.80%
Grand Total Investment Portfolio 30,206,210 100%
Current
Month YTD
Current
Month YTD
Interest earned 14,752 160,688 8,133 106,209
Budgeted interest 25,000 175,000 16,667 116,667
Variance over/(under)(10,248) (14,312) (8,534) (10,458)
General Fund TSPLOST Fund
City of Milton
Investment Portfolio
Month Ending April 30, 2020
13 of 13
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 26, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Change Order Between the City of Milton and
AT&T for Network Integration Services.
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 4D3A7C41-8C80-4843-9711-F200B90A22B3
X
June 1, 2020
X
X
X
To: Honorable Mayor and City Council Members
From: David Frizzell, IT Manager
Date: Submitted on May 19, 2020 for Consent Agenda on the June 1,
2020 Regular City Council Meeting.
Agenda Item: Approval of a Change Order between the City of Milton and AT&T
for Network Integration Services
_____________________________________________________________________________________
Department Recommendation: The IS department recommends approval.
Executive Summary:
Some local utility companies are unavailable to approve a dig ticket for the burial of
conduits at the Public Safety Complex due to the coronavirus lockdown. As an
alternative, the first 70 feet of the conduit trench may be dug by hand to avoid potential
harm to existing underground utilities. This amendment adds the additional cost of labor
that will be needed to finish the work in a timely manner.
This will complete AT&T’s conduit installation from the right-of-way at 13690 Hwy 9 to the
demarcation point in the Police building at the Public Safety Complex. The original work
order was approved by council on May 4, 2020.
Funding and Fiscal Impact:
The amount of $2,137.32 will be added to the existing work order, bringing the total one-
time cost of the work to $15,817.64
Alternatives:
The utility surveyors will not resume field duties until at least June 1st. Depending on their
actual return-to-work date, plus any backlog of dig tickets at that time, the public
safety complex may not have its fiber optic circuits installed on schedule.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis (5/18/2020)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s): Network_Integration_Services_CONTRACT_ID_7652710.pdf
AT&T_CONTRACT_ID_7627731.pdf
AT&T Master Agreement – Amended 6-12-2019.pdf
DocuSign Envelope ID: 9ED9B2C5-A982-4596-8DC4-A1D7B1AE8C20
AT&T Network Integration
Change Order Request
AT&T and Customer Proprietary Confidential Page 1 of 2
Do not disclose or duplicate
Agreement No.: 153709UA
AT&T Network Integration Tracking ID: GBS325036-1
Date #: 05/18/2020
This AT&T Network Integration Services Change Order Request (“Change Request”) is an attachment to the AT&T
Network Integration NI Pricing Schedule dated 04/15/2020. To the extent any terms set forth in this Change
Request conflict with those of the document indicated in the preceding paragraph, or those of a the Statement of
Work, the order of priority shall be with respect to the AT&T Network Integration Services provided hereunder:
(1) this Change Request; (2) the Statement of Work; (3) the applicable document indicated above.
AGREED: AGREED:
CUSTOMER: City of Milton AT&T
By:_________________________________________
(Authorized Agent or Representative)
By:___________________________________________
(Authorized Agent or Representative)
(Typed or Printed Name)
(Typed or Printed Name)
(Title)
(Title)
(Date)
(Date)
ATTUID: jl058s@att.com
CUSTOMER Legal Name
(“Customer”)
AT&T Corp. ("AT&T") (designate other
entity if signing entity other than
AT&T Corp)
AT&T Branch Sales Contact Name
City of Milton AT&T Name: Kristen M. Thalman
CUSTOMER Address AT&T Corp. Address and Contact AT&T Branch Sales Contact
Information
Street Address: 13690 Hwy 9
City: Alpharetta
State / Province: GA
Country: USA
Domestic / Intl / Zip Code: 30004
One AT&T
Way
Bedminster
NJ
07921-0752
Contact: Master Agreement Support
Team Email : mast@att.com
Address: 2180 Lake Blvd. NE
City: Atlanta
State / Province: GA
Country: USA
Domestic / Intl / Zip Code: 30319
Email: kt330g@att.com
Sales/Branch Mgr: Brad Sapir
SCVP Name: Randall Porter
CUSTOMER Contact AT&T Address and Contact AT&T NI Contact Information
Name: David Frizzell
Title: IT Manager
Telephone: 678-242-2517
Email:
david.frizzell@cityofmiltonga.us
Name: Jacob Lopez
Address: 11700 Great Oaks Way
City: Alpharetta
State / Province: GA
Country: USA
Domestic / Intl / Zip Code: 30022
Telephone: 770-225-2735
Email: jl058s@att.com
CUSTOMER Billing Address
Street Address:
City:
State / Province:
Country: USA
Domestic / Intl / Zip Code:
Contract Id: 7652710
AT&T Network Integration
Change Order Request
AT&T and Customer Proprietary Confidential Page 2 of 2
Do not disclose or duplicate
CHANGE REQUEST FORM
Type of Request: Change Order
Initiator (Company): City of Milton
Change Request Received by: Jacob Lopez (JL058S)
Price Impact: $2,137.32– NON RECURRING CHARGE (NRC)
$0.00 – MONTHLY RECURRING CHARGE (MRC)
AT&T Additional Resources Required: Labor for Manual Trenching
Task Description:
Addition of labor for manual trenching.
Other information related to Change:
The updated design is listed below:
Equipment & Services Pricing
Supplier
Code
Description Est.
Quantity
AT&T
Price
Total
Price
TRENLBR Trenching Labor 1 $2,137.32 $2,137.32
Impact of Change:
Change order accommodates the addition of labor for manual trenching only. All other terms and conditions remain
unchanged.
Contract Id: 7652710
Pricing Schedule
AT&T Network Integration Services
Services and Equipment Resale
AT&T and Customer Proprietary Confidential Page 1 of 8
Do not disclose or duplicate v2019
Agreement No.: 153709UA
AT&T Network Integration Tracking ID: GBS325036-1
Document Version#:04/15/2020
CUSTOMER Legal Name
(“Customer”)
AT&T Corp. ("AT&T") (designate other
entity if signing entity other than AT&T
Corp)
AT&T Branch Sales Contact Name
City of Milton AT&T Name: Kristen M. Thalman
CUSTOMER Address AT&T Corp. Address and Contact AT&T Branch Sales Contact
Information
Street Address: 13690 Hwy 9
City: Alpharetta
State / Province: GA
Country: USA
Domestic / Intl / Zip Code: 30004
One AT&T Way
Bedminster
NJ
07921-0752
Contact: Master Agreement Support Team
Email : mast@att.com
Address: 2180 Lake Blvd. NE
City: Atlanta
State / Province: GA
Country: USA
Domestic / Intl / Zip Code: 30319
Email: kt330g@att.com
Sales/Branch Mgr: Brad Sapir
SCVP Name: Randall Porter
CUSTOMER Contact AT&T NI Contact Information
Name: David Frizzell
Title: IT Manager
Telephone: 678-242-2517
Email:
david.frizzell@cityofmiltonga.us
Name: Jacob Lopez
Address: 11700 Great Oaks Way
City: Alpharetta
State / Province: GA
Country: USA
Domestic / Intl / Zip Code: 30022
Telephone: 770-225-2735
Email: jl058s@att.com
CUSTOMER Billing Address
Street Address: 2006 Heritage
Walk
City: Milton
State / Province: GA
Country: USA
Domestic / Intl / Zip Code: 30004
Upon mutual execution hereof, this Pricing Schedule for AT&T Network Integration Equipment Resale (“NI Pricing
Schedule”) becomes part of the Master Agreement between AT&T and Customer referenced above (the
“Agreement”).
AGREED: AGREED:
CUSTOMER: City of Milton AT&T
By:_________________________________________
(Authorized Agent or Representative)
By:__________________________________________
(Authorized Agent or Representative)
(Typed or Printed Name) (Typed or Printed Name)
(Title) (Title)
(Date) (Date)
ATTUID: jl058s
Contract Id: 7627731
Approved as to Form:
By:
Name:
Title: City Attorney
Date:
Pricing Schedule
AT&T Network Integration Services
Services and Equipment Resale
AT&T and Customer Proprietary Confidential Page 2 of 8
Do not disclose or duplicate v2019
1. DEFINITIONS
All other capitalized terms used but not defined in this NI Pricing Schedule have the meaning given them in the
Agreement.
“Purchased Equipment” means equipment to which title transfers from AT&T to Customer. Purchased Equipment
includes any internal code required to operate such Equipment.
2. SERVICES AND PURCHASED EQUIPMENT
This NI Pricing Schedule states the terms and conditions governing Orders for AT&T services (“Services”) and
Purchased Equipment. Attached to this NI Pricing Schedule is a SOW or an EOL (collectively, “Attachments”) which
become effective and incorporated into this NI Pricing Schedule upon the execution hereof. AT&T may subcontract
work to be performed hereunder but shall retain responsibility for all such work.
3. ATTACHMENTS
A. Unless earlier terminated as described below, an Attachment is deemed terminated when the parties’ respective
obligations have been fully performed or when it is otherwise terminated according to its terms.
B. In the event of an inconsistency among terms, the order of priority is: (i) the applicable Attachment; (ii) the NI
Pricing Schedule and (iii) the Agreement.
4. INTELLECTUAL PROPERTY RIGHTS
A. All intellectual property and proprietary rights arising by virtue of AT&T’s performance of the Services are and will
remain the sole and exclusive property of AT&T, and neither ownership nor title to any such property will pass to
Customer.
B. Customer shall retain those copies of any reports produced and furnished to Customer by AT&T (“Reports”), and
Customer is hereby granted, under AT&T’s copyrights, the perpetual, non-exclusive, personal and non-
transferable right to reproduce and modify Reports for Customer’s own internal business purposes. For
avoidance of doubt, “internal business purposes” exclude public distribution, resale to third parties and revenue
generation purposes.
C. AT&T hereby grants to Customer the non-exclusive, personal, and non-transferable right to use any items other
than Reports produced and furnished to Customer by AT&T under this NI Pricing Schedule, solely for Customer's
own internal business purposes during the term of this NI Pricing Schedule, or for such other purposes as may
be mutually agreed in writing by the parties.
D. Except as otherwise specified herein, no other right or license to or under any of AT&T's intellectual property
rights is either granted or implied under this NI Pricing Schedule.
5. WARRANTY
The provision of Services and any deliverables hereunder shall be performed in a workmanlike manner that would
meet commercial industry standards in the field to which the work pertains, as well as any standards set forth in the
applicable SOW.
6. NON-SOLICITATION
Customer agrees not to solicit for employment any personnel of AT&T or its subcontractors or agents performing
Services hereunder for one (1) year following the termination of this NI Pricing Schedule, or the applicable SOW,
without the prior written consent of AT&T; this shall not restrict the ability of Customer to interview and hire personnel
unrelated to the Services, or personnel that respond to general public solicitations made in the ordinary course of
business.
7. TERM AND TERMINATION
This NI Pricing Schedule shall remain in effect until terminated by either party on not less than thirty (30) days’ prior
written notice to the other party; provided that, the terms and conditions of this NI Pricing Schedule shall continue to
govern, through completion of performance (or earlier termination), all Attachments in effect on this NI Pricing
Schedule’s termination date. Termination charges, if any, shall be as specified in the applicable Attachment.
8. PURCHASED EQUIPMENT TERMS
A. Orders for Purchased Equipment shall be submitted by Customer to AT&T in written format and shall contain all
information required for AT&T to fulfill such Order and shall contain a reference to this NI Pricing Schedule and
the applicable AT&T quote. Any information, terms and/or conditions, or other language contained in any
document(s) or purchase order(s) furnished by Customer to AT&T in excess of or outside of such information or
in conflict with any terms and conditions contained in this NI Pricing Schedule and/or the applicable
Attachment(s) are void. AT&T will notify Customer by email whether it has accepted the Order after validation
within five (5) business days after receipt of the Order. AT&T reserves the right not to accept an Order.
B. Customer acknowledges and agrees that AT&T’s ability to deliver Purchased Equipment is contingent upon the
supply and delivery schedules of each of the manufacturers. AT&T shall have no liability for delays in any
delivery schedule. Title and risk of loss to Purchased Equipment shall pass to Customer upon shipment from
AT&T’s Purchased Equipment supplier; Customer is responsible for all shipping-related charges, which AT&T
Contract Id: 7627731
Pricing Schedule
AT&T Network Integration Services
Services and Equipment Resale
AT&T and Customer Proprietary Confidential Page 3 of 8
Do not disclose or duplicate v2019
shall invoice to Customer at two percent (2%) of the total purchase price of the Order or actual cost, whichever is
greater, except that for Orders requiring expedited shipment, in which case it will be the greater of four (4%)
percent of Customer’s total purchase price or actual cost; and charges incurred, if any, for storage of Purchased
Equipment following delivery to the agreed location are the sole responsibility of Customer and are not included
in shipping charges.
C. AT&T shall invoice to Customer any taxes associated with equipment resale.
D. AT&T shall pass through to Customer any warranties for Purchased Equipment and Vendor Software available
from the manufacturer or licensor. The manufacturer or licensor, and not AT&T, is responsible for any such
warranty terms and commitments. ALL VENDOR SOFTWARE AND PURCHASED EQUIPMENT IS
OTHERWISE PROVIDED TO CUSTOMER ON AN “AS IS” BASIS.
9. LICENSES AND THIRD PARTY MAINTENANCE
Purchased Equipment, Vendor Software and maintenance resold to Customer hereunder may be subject to
additional license terms and/or other requirements or restrictions imposed by the manufacturer, supplier or publisher.
Customer is solely responsible for ensuring its adherence to such terms, requirements, and restrictions, and is
deemed to have accepted them upon receipt of the Purchased Equipment or Vendor Software, or on commencement
of the maintenance.
10. LIMITATION OF LIABILITY
For purposes of this NI Pricing Schedule and Attachments placed hereunder, any limit or cap on liability contained in
the “Limitations of Liability” article 6.1(a)(v) of the Agreement is superseded by the following: EACH PARTY’S
LIABILITY HEREUNDER SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED THE NET
PURCHASE PRICE PAID BY CUSTOMER FOR SERVICES AND/OR PURCHASED EQUIPMENT UNDER THE
ATTACHMENT THAT GAVE RISE TO THE LIABILITY. This shall not limit Customer’s responsibility for the payment
of all charges properly due under the NI Pricing Schedule. AT&T shall have no duty to defend, indemnify and hold
Customer harmless for claims arising from the infringement of patents or trademarks or the violation of copyrights by
Purchased Equipment, Vendor Software and/or maintenance.
Contract Id: 7627731
Pricing Schedule
AT&T Network Integration Services
Services and Equipment Resale
AT&T and Customer Proprietary Confidential Page 4 of 8
Do not disclose or duplicate v2019
EXHIBIT 1: STATEMENT OF WORK
1. Introduction
This SOW between AT&T Corp. (“AT&T”) and City of Milton (“Customer”) is attached to the NI Pricing Schedule
and made a part thereof upon execution.
AT&T reserves the right to withdraw this SOW or modify the prices and any other terms and conditions, including, but
not limited to, any section of this SOW (i) if the SOW is not signed by Customer and AT&T by 5/15/2020, and/or (ii)
the engagement does not commence within thirty (30) calendar days of the Effective Date.
2. Scope of Work
2.1 Services
AT&T will install conduit to [1] location designated by Customer located in Appendix C (“Site(s)”). This project
encompasses the conduit materials and installation only. Services and/or Equipment not specifically provided for
hereunder are outside the scope of this SOW.
2.2 Purchased Equipment:
Upon execution hereof, Customer shall purchase the Purchased Equipment listed in Appendix A (“Purchased
Equipment List”).
Customer or its Affiliate may issue Purchase Orders to place a subsequent Order based on a quote provided by
AT&T hereunder (“AT&T Quote”). The following language (with the appropriate purchasing entity and dates filled in)
must be added in order for AT&T to accept Customer’s Purchase Order:
“This PO is issued by City of Milton (“Customer”) pursuant to the NI Pricing Schedule dated 04/15/2020.”
2.3 SOW Term
This SOW shall have a term of 12 Months (“Term”). The Project will commence 30 calendar days after Effective Date
of this SOW.
3. AT&T Responsibilities
AT&T will be responsible for executing the following activities. Activities not expressly included in this SOW are
outside the scope.
3.1 Installation Services. AT&T will:
(a) Place 300’ of 2”-4” Conduit
(b) Place One (1) 4x8 FR Plywood Backboard
(c) Place Six (6) AWG Ground/Busebar
3.2 Deliverables
Event Deliverables
Engagement Kickoff Meeting Communications Plan
Review Project Timelines and Schedule
Project Status Report Status reports and meetings will be held as mutually agreed by the parties.
3.3 Service Hours
The Services provided hereunder shall be performed Monday through Friday, 9:00 a.m. to 5:00 p.m., local time,
excluding designated AT&T holidays (“Normal Business Hours” or “NBH”), unless otherwise noted herein.
AT&T Designated Holiday Date Observed
New Year’s Day January 1
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
Christmas Day December 25
4. Customer Responsibilities
To manage the activities outlined herein on time and within the pricing provided, Customer assigned roles and
responsibilities must be fulfilled effectively. Customer will:
(a) Assign a Single Point of Contact (“SPOC”) as the primary interface for the AT&T Project Manager to work with
during the Project.
(b) Review and provide relevant comments (in the form of additional data requirements, preliminary conclusions, or
recommended technical architecture) or Subject Matter Experts (“SME”) resources from applicable information
technology departments or business units to assist in completing the Deliverables in a timely manner.
(c) Keep AT&T informed of any information or changes, which may affect AT&T’s performance of Services or
require a change request in the scope.
(d) Provide AT&T with reasonable access to Customer Site during NBH, as needed. In addition, AT&T may conduct
the research and other work from a remote location.
(e) Resume responsibility for the network infrastructure upon completion of the Services provided herein.
(f) Provide a signature sign-off (Site Acceptance Form) as concurrence of Site completion for each Site where
AT&T has provided Services under this SOW.
Contract Id: 7627731
Pricing Schedule
AT&T Network Integration Services
Services and Equipment Resale
AT&T and Customer Proprietary Confidential Page 5 of 8
Do not disclose or duplicate v2019
5. Project Governance
5.1 Change Control Process
Either Party must submit change requests to contractual documents in writing via the sample at Appendix B to this
SOW. The party requesting the change must submit a written request to the other party and the receiving party shall
issue a written response within five (5) business days of the receipt of the request, including whether the receiving
party accepts or rejects the request and/or any changes to the Terms and Conditions. Once agreed both parties
must execute the document in Appendix B.
5.2 Engagement Contacts
Customer AT&T
Name David Frizzell Jacob Lopez
Title IT Manager Associate Engagement Manager
Address 2006 Heritage Walk, Milton, GA 30004 11700 Great Oaks Way, Alpharetta, GA
30022
Contact Information (Phone/Email) 678-242-2517
david.frizzell@cityofmiltonga.us
770-225-2735
jl058s@att.com
6. Fees and Charges
6.1 AT&T shall provide the Services and Purchased Equipment (see Appendix A) for the Charges stated below.
Description Fees and Charges Notes
Conduit Equipment $3,321.30 Materials for Conduit Installation (Detailed in Appendix A)
Installation $10,359.02 Installation of Conduit equipment & Materials
6.2 Additional Pricing Terms and Conditions
(a) Defined Scope. Pricing is based on the currently defined scope. Any additions or changes to this SOW will
necessitate changes in pricing. Pricing herein assumes no project delays will occur that would require AT&T to
stop work. AT&T will not be held financially responsible for project delays outside of its control.
(b) Invoicing. AT&T will invoice the Service Fees upon completion as defined herein. AT&T will invoice Services
monthly and will cover any one-time charges or expenses incurred during the previous calendar month.
(c) Travel and related Expenses. Charges do not include expenses for AT&T travel to Customer’s facilities.
Standard business expenses (e.g., transportation, food, lodging) incurred by AT&T in connection with delivery of
the Services will be billed at cost as a separate line item on Customer’s invoice. AT&T personnel will incur travel
expenses only after receiving permission from Customer’s Project Manager.
(d) Time and Material ("T&M") Rate. In the event that the scope of work changes from this SOW or AT&T is
requested to perform Services outside of Normal Business Hours, AT&T will bill Customer at a T&M rate of two-
hundred fifty dollars ($250.00) per hour per AT&T consultant for the additional time spent on the change
requests. All such out of scope matters will be handled via the Change Control process outlined herein.
(e) Shipping & Taxes. Shipping and applicable taxes are excluded from this agreement. All shipping will be billed
actual to customer.
7. Termination
(a) In the event Customer terminates this SOW or any portion hereof for any reason other than AT&T’s uncured
material breach, Customer shall be responsible to pay for all Services rendered, Purchased Equipment ordered
and expenses incurred hereunder as well as any charges associated with early termination of AT&T’s
subcontracts related to this project.
Contract Id: 7627731
Pricing Schedule
AT&T Network Integration Services
Services and Equipment Resale
AT&T and Customer Proprietary Confidential Page 6 of 8
Do not disclose or duplicate v2019
APPENDIX A: PURCHASED EQUIPMENT LIST
Quantity
Purchased Equipment
300’
2 - 4" PVC Conduit
1
4x8 FR Plywood Backboard
1
6 AWG Ground / Busebar
Contract Id: 7627731
Pricing Schedule
AT&T Network Integration Services
Services and Equipment Resale
AT&T and Customer Proprietary Confidential Page 7 of 8
Do not disclose or duplicate v2019
APPENDIX B: SAMPLE CHANGE REQUEST FORM
Type of Request:
Initiator (Company):
Change Request Received by:
Price Impact:
AT&T Additional Resources Req’d:
Task Description:
Other information related to Change:
Impact of Change
Provide a description of the impact of the change (increase in duration, delay in start, cut-over date change, added
dependency, additional resources required change to design, change to baseline solution, other).
AGREED and ACCEPTED: AGREED and ACCEPTED:
CUSTOMER: AT&T
By:______________________________________
(Authorized Agent or Representative)
By:___________________________________________
(Authorized Agent or Representative)
(Typed or Printed Name)
(Typed or Printed Name)
(Title)
(Title)
(Date)
(Date)
Contract Id: 7627731
Pricing Schedule
AT&T Network Integration Services
Services and Equipment Resale
AT&T and Customer Proprietary Confidential Page 8 of 8
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APPENDIX C: SITES
Site Name Site Contact
13690 Hwy 9, Alpharetta, GA 30004
David Frizzell
678-242-2517
david.frizzell@cityofmiltonga.us
Contract Id: 7627731
C
MASTER AGREEMENT
AT&T MA Reference No.
Customer
AT&T
City of Milton
AT&T Corp.
Street Address: 13000 Deerfield Parkway, Suite 107
Name:,
City: Milton State/Province: GA
Name: Thu -Mai Sekhou
Zip Code: 30004 Country: US
o r
Customer Contact for notices
AT&T Contact for notices
Name: Joe Lockwood
Street Address: 754 Peachtree St. NE -150, Flr.
Title: Mayor
City: Atlanta State/Province: GA
Street Address: 13000 Deerfield Parkway, Suite 107
Zip Code: 30308 Country: US
City: Milton State/Province: GA
Zip Code: 30004 Country: US
With a copy to:
Telephone: (678) 242-2484
AT&T Corp.
Fax: (678) 242-2499
One AT&T Way
Email: Joe.Lockwood@cityofmiltonga.us
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mast@aft.com
This Master Agreement ("Master Agreement'), between the customer named above ("Customer") and the AT&T entity named above
("AT&T"), is effective when signed by both Customer and AT&T.
Customer
(by its authorized re resent ive)
AT&T
(by its authorized representative
B:
B:
Name:,
Loctuj o O a
Name: Thu -Mai Sekhou
Title: 1 r `Q
o r
Title: Client Solutions Executive S1
Date: — (�
�G
Date: August 30, 2016
ua_ver_iii.doc UA VER III 11/16/2012
AT&T and Customer Confidential Information
Page 1 of 9 jm67933 082916 SR 1-4TYNGSF NRLR
MASTER AGREEMENT
1. INTRODUCTION
1.1 Overview of Documents. This Master Agreement and the following additional documents (collectively, the "Agreement") shall
apply to all products and services AT&T provides Customer pursuant to this Agreement ("Services") and shall continue in effect so long as
Services are provided under this Agreement:
(a) Pricing Schedules. A "Pricing Schedule" means a pricing schedule (including related attachments) or other document that is
attached to or is later executed by the parties and references this Master Agreement. A Pricing Schedule includes the Services,
the pricing (including discounts and commitments, if applicable) and the pricing schedule term ("Pricing Schedule Term").
(b) Tariffs and Guidebooks. "Tariffs" are documents containing the descriptions, pricing and other terms and conditions for a
Service that AT&T or its Affiliates file with regulatory authorities. "Guidebooks" are documents (designated as Guidebooks or
Price Lists) containing the descriptions, pricing and other terms and conditions for a Service that were but no longer are filed with
regulatory authorities. Tariffs and Guidebooks can be found at att.com/servicepublications or other locations AT&T may
designate.
(c) Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP") applies to (i) Services provided over or accessing the Internet
and (ii) wireless (i.e., cellular) data and messaging Services. The AUP can be found at att.com/aun or other locations AT&T may
designate.
(d) Service Guides. The descriptions, pricing and other terms and conditions for a Service not covered by a Tariff or Guidebook
may be contained in a Service Guide, which can be found at att.com/servicepublications or other locations AT&T may designate.
1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: the applicable Pricing Schedule or
Order; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that Tariffs will be first in priority in any
jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms.
1.3 Revisions to Documents. Subject to Section 8.2(b) (Materially Adverse Impact), AT&T may revise Service Publications at any
time.
1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name, and such Affiliate
contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause their
respective Affiliates to comply with any such separate and associated contract.
2. AT&T DELIVERABLES
2.1 Services. AT&T will either provide or arrange to have an AT&T Affiliate provide Services to Customer and its Users, subject to
the availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the
appropriate regulatory authority will be the service provider. If an applicable Service Publication expressly permits placement of an order
for a Service under this Master Agreement without the execution of a Pricing Schedule, Customer may place such an order using AT&T's
standard ordering processes (an "Order"), and upon acceptance by AT&T, the Order shall otherwise be deemed a Pricing Schedule under
this Master Agreement for the Service ordered.
2.2 AT&T Equipment. Services may be provided using equipment owned by AT&T that is located at the Site ("AT&T Equipment"),
but title to the AT&T Equipment will remain with AT&T. Customer must provide adequate space and electric power for the AT&T
Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or
damage to the AT&T Equipment (other than ordinary wear and tear), except to the extent caused by AT&T or its agents.
2.3 Purchased Equipment. Except as specified in a Service Publication, title to and risk of loss of Purchased Equipment shall pass
to Customer on delivery to the transport carrier for shipment to Customer's designated location.
2.4 License and Other Terms. Software, Purchased Equipment and Third -Party Services may be provided subject to the terms of a
separate license or other agreement between Customer and either the licensor, the third -party service provider or the manufacturer.
Customer's execution of the Pricing Schedule for or placement of an Order for Software, Purchased Equipment or Third -Party Services is
Customer's agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise, AT&T's sole
responsibility with respect to Third -Party Services is to place Customer's orders for Third -Party Services, except that AT&T may invoice
and collect payment from Customer for the Third -Party Services.
3. CUSTOMER'S COOPERATION
3.1 Access Right. Customer will in a timely manner allow AT&T access as reasonably required for the Services to property and
equipment that Customer controls and will obtain at Customer's expense timely access for AT&T as reasonably required for the Services
to property controlled by third parties such as Customer's landlord. AT&T will coordinate with and, except in an emergency, obtain
Customer's consent to enter upon Customer's property and premises, which consent shall not be unreasonably withheld. Access rights
mean the right to construct, install, repair, maintain, replace and remove access lines and network facilities and the right to use ancillary
equipment space within a building for Customer's connection to AT&T's network. Customer must provide AT&T timely information and
access to Customer's facilities and equipment as AT&T reasonably requires for the Services, subject to Customer's reasonable security
policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities and other items as AT&T
reasonably requires for the Services and will obtain any necessary licenses, permits and consents (including easements and rights-of-
way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule.
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3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a
safe working environment, free of Hazardous Materials and reasonably suitable for the Services. "Hazardous Materials" mean any
substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling,
disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. AT&T shall have no
obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous
Materials.
3.3 Users. "User" means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply
with this Agreement and is responsible for Users' use of any Service unless expressly provided to the contrary in an applicable Service
Publication.
3.4 Resale of Services. Customer may not resell the Services or rebrand the Services for resale to third parties without AT&T's
prior written consent.
4. PRICING AND BILLING
4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. The prices listed in a Pricing
Schedule are stabilized until the end of the Pricing Schedule Term and will apply in lieu of the corresponding prices set forth in the
applicable Service Publication. No promotion, credit, discount or waiver set forth in a Service Publication will apply. Unless the Pricing
Schedule states otherwise, at the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or
other requirements in a Service Publication for Customer to terminate a Service Component) under a month-to-month service arrangement
at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or
conditions on 30 days' prior notice to Customer.
4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of and Customer will pay all taxes
(excluding those on AT&T's net income), surcharges, recovery fees, customs clearances, duties, levies, shipping charges and other similar
charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to
the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides a valid
exemption certificate prior to the delivery of Services. To the extent required by law, Customer may withhold or deduct any applicable taxes
from payments due to AT&T, provided that Customer will use reasonable commercial efforts to minimize any such taxes to the extent
allowed by law or treaty and will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such
tax has been paid so that AT&T may claim any applicable credit.
4.3 Billing. Unless a Service Publication specifies otherwise, Customer's obligation to pay for a Service Component begins upon
availability of the Service Component to Customer. Customer will pay AT&T without deduction, setoff or delay for any reason (except for
withholding taxes as provided in Section 4.2 - Additional Charges and Taxes or in Section 4.5 - Delayed Billing; Disputed Charges). At
Customer's request, but subject to AT&T's consent (which may not be unreasonably withheld or withdrawn), Customer's Affiliates may be
invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates
do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T
determines, in its reasonable judgment, that Customer or its Affiliates are not creditworthy, and AT&T may apply such deposit to any
charges owed.
4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or
Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements
or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored
payments, including reasonable attorneys' fees. AT&T may charge late payment fees at the lowest of (a) 1.5% per month (18% per
annum), (b) for Services contained in a Tariff or Guidebook at the rate specified therein, or (c) the maximum rate allowed by law for
overdue payments.
4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services initially invoiced more than 6
months after close of the billing period in which the charges were incurred, except for calls assisted by an automated or live operator. If
Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charge and the reason it is disputed within 6
months after the date of the invoice in which the disputed charge initially appears, or Customer waives the right to dispute the charge. The
portion of charges in dispute may be withheld and will not be considered overdue until AT&T completes its investigation of the dispute, but
Customer may incur late payment fees in accordance with Section 4.4 (Payments). Following AT&T's notice of the results of its
investigation to Customer, payment of all properly due charges and properly accrued late payment fees must be made within ten (10)
business days. AT&T will reverse any late payment fees that were invoiced in error.
4.6 Credit Terms. AT&T retains a lien and purchase money security interest in each item of Purchased Equipment and Vendor
Software until Customer pays all sums due. AT&T is authorized to sign and file a financing statement to perfect such security interest.
4.7 MARC. Minimum Annual Revenue Commitment ("MARC") means an annual revenue commitment set forth in a Pricing Schedule
that Customer agrees to satisfy during each 12 -consecutive -month period of the Pricing Schedule Term. If Customer fails to satisfy the
MARC for any such 12 -month period, Customer will pay a shortfall charge in an amount equal to the difference between the MARC and the
total of the applicable MARC -Eligible Charges incurred during such 12 -month period, and AT&T may withhold contractual credits until
Customer pays the shortfall charge.
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4.8 Adjustments to MARC.
(a) In the event of a business downturn beyond Customer's control, or a corporate divestiture, merger, acquisition or significant
restructuring or reorganization of Customer's business, or network optimization using other Services, or a reduction of AT&T's
prices, or a force majeure event, any of which significantly impairs Customer's ability to meet a MARC, AT&T will offer to adjust
the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices, credits or
discounts available at the reduced MARC level). If the parties reach agreement on a revised MARC, AT&T and Customer will
amend the affected Pricing Schedule prospectively. This Section 4.8 will not apply to a change resulting from Customer's
decision to use service providers other than AT&T. Customer will provide AT&T notice of the conditions Customer believes will
require the application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring
charges and shortfall charges, Customer incurs prior to amendment of the affected Pricing Schedule.
(b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T
may agree in writing to include the new business or operation under this Agreement. Such agreement will specify the impact, if
any, of such addition on Customer's MARC or other volume or growth discounts and on Customer's attainment thereof.
5. CONFIDENTIAL INFORMATION
5.1 Confidential Information. Confidential Information means: (a) information the parties or their Affiliates share with each other in
connection with this Agreement or in anticipation of providing Services under this Agreement (including pricing or other proposals), but only
to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms
of this Agreement.
5.2 Obligations. A disclosing party's Confidential Information will, for a period of 3 years following its disclosure to the other party
(except in the case of software, for which the period is indefinite): (a) not be disclosed, except to the receiving party's employees, agents
and contractors having a need -to -know (but only if such agents and contractors are not direct competitors of the other party and agree in
writing to use and disclosure restrictions as restrictive as this Section 5) or to the extent authorized to be revealed by law, governmental
authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing
party to the extent practicable and not prohibited by law, governmental authority or legal process); (b) be held in confidence; and (c) be
used only for purposes of using the Services, evaluating proposals for new services or performing this Agreement (including in the case of
AT&T to detect fraud, to check quality and to operate, maintain and enhance the network and Services).
5.3 Exceptions. The restrictions in this Section 5 will not apply to any information that: (a) is independently developed by the
receiving party without use of the disclosing party's Confidential Information; (b) is lawfully received by the receiving party free of any
obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement.
5.4 Privacy. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its
personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in
accordance with the data protection laws and regulations applicable to AT&T's business. If Customer does not want AT&T to comprehend
Customer data to which it may have access in performing Services, Customer must encrypt such data so that it will be unintelligible.
Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer's and
AT&T's collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or
provide Customer Personal Data to AT&T when it has the legal authority to do so. Unless otherwise directed by Customer in writing, if
AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative
to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for
further authentication or authorization.
6. LIMITATIONS OF LIABILITY AND DISCLAIMERS
6.1 Limitation of Liability.
(a) EITHER PARTY'S ENTIRE LIABILITY AND THE OTHER PARTY'S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF
ANY CLAIM ARISING OUT OF AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE:
(i) FOR BODILY INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL PROPERTY
PROXIMATELY CAUSED BY A PARTY'S NEGLIGENCE, PROVEN DIRECT DAMAGES;
(ii) FOR BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity) OR SECTION 10.2 (Trademarks),
PROVEN DIRECT DAMAGES;
(iii) FOR ANY THIRD -PARTY CLAIMS, THE REMEDIES AVAILABLE UNDER SECTION 7 (Third Party Claims);
(iv) FOR CLAIMS ARISING FROM THE OTHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,
PROVEN DAMAGES; OR
(v) FOR CLAIMS OTHER THAN THOSE SET FORTH IN SECTION 6.1(a)(i)-(iv), PROVEN DIRECT DAMAGES NOT TO
EXCEED, ON A PER CLAIM OR AGGREGATE BASIS DURING ANY TWELVE (12) MONTH PERIOD, AN AMOUNT
EQUAL TO THE TOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE IN THE
RELEVANT COUNTRY DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM
AROSE.
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(b) EXCEPT AS SET FORTH IN SECTION 7 (Third Party Claims) OR IN THE CASE OF A PARTY'S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS.
(c) THE LIMITATIONS IN THIS SECTION 6 SHALL NOT LIMIT CUSTOMER'S RESPONSIBILITY FOR THE PAYMENT OF ALL
PROPERLY DUE CHARGES UNDER THIS AGREEMENT.
6.2 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO:
INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES,
CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR
ANY SERVICE ERROR OR INTERRUPTION, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911
OR OTHER EMERGENCY RESPONSE CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR CREDITS EXPLICITLY
SET FORTH IN THIS AGREEMENT); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR
THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S (OR ITS AFFILIATES', USERS' OR THIRD PARTIES')
APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS.
6.3 Purchased Equipment and Vendor Software Warranty. AT&T shall pass through to Customer any warranties for Purchased
Equipment and Vendor Software available from the manufacturer or licensor. The manufacturer or licensor, and not AT&T, is responsible
for any such warranty terms and commitments. ALL SOFTWARE AND PURCHASED EQUIPMENT IS OTHERWISE PROVIDED TO
CUSTOMER ON AN "AS IS" BASIS.
6.4 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON -INFRINGEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY USAGE OF TRADE OR
BY COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR
OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911
OR ANY SIMILAR EMERGENCY RESPONSE NUMBER) AND MAKES NO GUARANTEE REGARDING NETWORK SECURITY, THE
ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT
TO LOAD BALANCING OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR
IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION.
6.5 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless
of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a
party was advised of the possibility of such damages and will apply so as to limit the liability of each party and its Affiliates and their
respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this Section 6 will
survive failure of any exclusive remedies provided in this Agreement.
THIRD PARTY CLAIMS
7.1 AT&T's Obligations. AT&T agrees at its expense to defend and either to settle any third -party claim against Customer, its
Affiliates and its and their respective employees and directors or to pay all damages that a court finally awards against such parties for a
claim alleging that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright or trade secret, but not
where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a User's content; (b) modifications to the
Service by Customer, its Affiliate or a third party, or combinations of the Service with any non -AT&T services or products by Customer or
others; (c) AT&T's adherence to Customer's or its Affiliate's written requirements; or (d) use of a Service in violation of this Agreement.
7.2 Customer's Obligations. Customer agrees at its expense to defend and either to settle any third -party claim against AT&T, its
Affiliates and its and their respective employees, directors, subcontractors and suppliers or to pay all damages that a court finally awards
against such parties for a claim that: (a) arises out of Customer's, its Affiliate's or a User's access to or use of the Services and the claim is
not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret and
falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliate or a User of a Software license agreement.
7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to
continue using, or may replace or modify, the Service so that it is non -infringing.
7.4 Notice and Cooperation. The party seeking defense or settlement of a third -party claim under this Section 7 will provide notice
to the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no
effect except to the extent the other party is prejudiced by the delay. The party seeking defense or settlement will allow the other party to
control the defense and settlement of the claim and will reasonably cooperate with the defense. The defending party will use counsel
reasonably experienced in the subject matter at issue and will not settle a claim without the written consent of the party being defended,
which consent will not be unreasonably withheld or delayed, except that no consent will be required to settle a claim where relief against
the party being defended is limited to monetary damages that are paid by the defending party under this Section 7.
7.5 AT&T's obligations under Section 7.1 shall not extend to actual or alleged infringement or misappropriation of intellectual
property based on Purchased Equipment, Software, or Third -Party Services.
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8. SUSPENSION AND TERMINATION
8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party
becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding or
makes an assignment for the benefit of its creditors.
8.2 Termination or Suspension. The following additional termination provisions apply:
(a) Material Breach. If either party fails to perform or observe any material warranty, representation, term or condition of this
Agreement, including non-payment of charges, and such failure continues unremedied for 30 days after receipt of notice, the
aggrieved party may terminate (and AT&T may suspend and later terminate) the affected Service Components and, if the breach
materially and adversely affects the entire Agreement, terminate (and AT&T may suspend and later terminate) the entire
Agreement.
(b) Materially Adverse Impact. If AT&T revises a Service Publication, the revision has a materially adverse impact on Customer
and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after receipt of notice from
Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days'
notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. "Materially
adverse impacts" do not include changes to non -stabilized pricing, changes required by governmental authority, or assessment
of or changes to additional charges such as surcharges or taxes.
(c) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may
suspend the affected Service Components. AT&T reserves the right, however, to suspend or terminate immediately when:
(i) AT&T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in
response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines that
(a) it may be exposed to sanctions, liability, prosecution or other adverse consequences under applicable law if AT&T were to
allow the violation to continue; (b) such violation may harm or interfere with the integrity, normal operations or security of AT&T's
network or networks with which AT&T is interconnected or may interfere with another customer's use of AT&T services or the
Internet; or (c) such violation otherwise presents an imminent risk of harm to AT&T, AT&T's customers or its or their respective
employees.
(d) Fraud or Abuse. AT&T may terminate or suspend an affected Service or Service Component and, if the activity materially and
adversely affects the entire Agreement, terminate or suspend the entire Agreement, immediately by providing Customer with as
much advance notice as is reasonably practicable under the circumstances if Customer, in the course of breaching the
Agreement: (i) commits a fraud upon AT&T; (ii) uses the Service to commit a fraud upon another party; (iii) unlawfully uses the
Service; (iv) abuses or misuses AT&T's network or Service; or (v) interferes with another customer's use of AT&T's network or
services.
(e) Infringing Services. If the options described in Section 7.3 (Infringing Services) are not reasonably available, AT&T may at its
option terminate the affected Services or Service Components without liability other than as stated in Section 7.1 (AT&T's
Obligations).
(f) Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site, AT&T may terminate the affected Services or
Service Components or may suspend performance until Customer removes and remediates the Hazardous Materials at
Customer's expense in accordance with applicable law.
8.3 Effect of Termination.
(a) Termination or suspension by either party of a Service or Service Component does not waive any other rights or remedies a
party may have under this Agreement and will not affect the rights and obligations of the parties regarding any other Service or
Service Component.
(b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination.
8.4 Termination Charges.
(a) If Customer terminates this Agreement or an affected Service or Service Component for cause in accordance with the
Agreement or if AT&T terminates a Service or Service Component other than for cause, Customer will not be liable for the
termination charges set forth in this Section 8.4.
(b) If Customer or AT&T terminates a Service or Service Component prior to Cutover other than as set forth in Section 8.4(a),
Customer (i) will pay any pre -Cutover termination or cancellation charges set out in a Pricing Schedule or Service Publication, or
(ii) in the absence of such specified charges, will reimburse AT&T for time and materials incurred prior to the effective date of
termination, plus any third party charges resulting from the termination.
(c) If Customer or AT&T terminates a Service or Service Component after Cutover other than as set forth in Section 8.4(a),
Customer will pay applicable termination charges as follows: (i) 50% (unless a different amount is specified in the Pricing
Schedule) of any unpaid recurring charges for the terminated Service or Service Component attributable to the unexpired portion
of an applicable Minimum Payment Period; (ii) if termination occurs before the end of an applicable Minimum Retention Period,
any associated credits or waived or unpaid non-recurring charges; and (iii) any charges incurred by AT&T from a third party (i.e.,
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not an AT&T Affiliate) due to the termination. The charges set forth in Sections 8.4(c)(i) and (ii) will not apply if a terminated
Service Component is replaced with an upgraded Service Component at the same Site, but only if the Minimum Payment Period
or Minimum Retention Period, as applicable, (the "Minimum Period") and associated charge for the replacement Service
Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service
Component, respectively, and if the upgrade is not restricted in the applicable Service Publication.
(d) In addition, if Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the
unsatisfied MARC for the balance of the Pricing Schedule Term.
9. IMPORTIEXPORT CONTROL
Neither party will use, distribute, transfer or transmit any equipment, services, software or technical information provided under this
Agreement (even if incorporated into other products) except in compliance with all applicable import and export laws, conventions and
regulations.
10. MISCELLANEOUS PROVISIONS
10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or to the
provision of Services without the prior written consent of the other party.
10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade names, logos,
trademarks, service marks or other indicia of origin without the other party's prior written consent, which consent may be revoked at any
time by notice.
10.3 Independent Contractor. Each party is an independent contractor. Neither party controls the other, and neither party nor its
Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party.
10.4 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or
damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military
authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental
agencies or other causes beyond such party's reasonable control.
10.5 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing
and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a
waiver of any other breach of this Agreement.
10.6 Assignment and Subcontracting.
(a) Customer may, without AT&T's consent but upon notice to AT&T, assign in whole or relevant part its rights and obligations under
this Agreement to a Customer Affiliate. AT&T may, without Customer's consent, assign in whole or relevant part its rights and
obligations under this Agreement to an AT&T Affiliate. In no other case may this Agreement be assigned by either party without
the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). In the case of any
assignment, the assigning party shall remain financially responsible for the performance of the assigned obligations.
(b) AT&T may subcontract to an Affiliate or a third party work to be performed under this Agreement but will remain financially
responsible for the performance of such obligations.
(c) In countries where AT&T does not have an Affiliate to provide a Service, AT&T may assign its rights and obligations related to
such Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries,
Customer may be required to contract directly with the local service provider.
10.7 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.11
(Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties
will negotiate in good faith to substitute for such invalid, illegal or unenforceable provision a mutually acceptable provision consistent with
the original intention of the parties.
10.8 Injunctive Relief. Nothing in this Agreement is intended to or should be construed to prohibit a party from seeking preliminary or
permanent injunctive relief in appropriate circumstances from a court of competent jurisdiction.
10.9 Legal Action. Any legal action arising in connection with this Agreement must be filed within two (2) years after the cause of
action accrues, or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary.
10.10 Notices. Any required notices under this Agreement shall be in writing and shall be deemed validly delivered if made by hand (in
which case delivery will be deemed to have been effected immediately), or by overnight mail (in which case delivery will be deemed to
have been effected one (1) business day after the date of mailing), or by first class pre -paid post (in which case delivery will be deemed to
have been effected five (5) days after the date of posting), or by facsimile or electronic transmission (in which case delivery will be deemed
to have been effected on the day the transmission was sent). Any such notice shall be sent to the office of the recipient set forth on the
cover page of this Agreement or to such other office or recipient as designated in writing from time to time.
10.11 Governing Law. This Agreement will be governed by the law of the State of Georgia, without regard to its conflict of law
principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention
on Contracts for International Sale of Goods will not apply.
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10.12 Compliance with Laws. Each party will comply with all applicable laws and regulations and with all applicable orders issued by
courts or other governmental bodies of competent jurisdiction.
10.13 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T and does not provide any third party
(including Users) the right to enforce it or to bring an action for any remedy, claim, liability, reimbursement or cause of action or any other
right or privilege.
10.14 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or
expiration of this Agreement, including the obligations set forth in Section 5 (Confidential Information), Section 6 (Limitations of Liability and
Disclaimers) and Section 7 (Third Party Claims), will survive such termination or expiration.
10.15 Agreement Language. The language of this Agreement is English. If there is a conflict between this Agreement and any
translation, the English version will take precedence.
10.16 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter.
Except as provided in Section 2.4 (License and Other Terms), this Agreement supersedes all other agreements, proposals,
representations, statements and understandings, whether written or oral, concerning the Services or the rights and obligations relating to
the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral
statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this
Agreement.
11. E -Verify
11.1. Employment of Unauthorized Aliens Prohibited; E -Verify Affidavits Required.
(a) Compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 are conditions of
this Agreement.
(b) AT&T agrees that the employee -number category designated below is applicable to AT&T:
500 or more employees.
100 or more employees.
Fewer than 100 employees.
(c) If AT&T employs or contracts with any subcontractor(s) in connection with this Agreement, AT&T will secure from the
subcontractor(s) such subcontractor(s') indication of the employee -number category applicable to the subcontractor.
(d) AT&T's compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 shall be
attested by the execution of a Contractor Affidavit and Agreement (a form of which is attached hereto marked Exhibit 1), which
document will be attached to, and become a part of, this Agreement.
(e) If AT&T employs or contracts with any subcontractor(s) in connection with this Agreement, AT&T will secure from such
subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule
300-10-1-.02 by the subcontractor's execution of a Subcontractor Affidavit (a form of which is attached hereto marked Exhibit 2),
and maintain records of such attestation for inspection by the City at any time. Such Subcontractor Affidavit shall become a part
of the AT&T/subcontractor agreement.
11.2. Nondiscrimination.
In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of
1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other
provisions of Federal law, AT&T agrees that, during performance of this Agreement, AT&T, 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, AT&T agrees to comply with all applicable implementing regulations and shall
include the provisions of this Section in every subcontract for services contemplated under this Agreement.
12. DEFINITIONS
"Affiliate" of a party means any entity that controls, is controlled by or is under common control with such party.
"API" means an application program interface used to make a resources request from a remote implementer program. An API may include
coding, specifications for routines, data structures, object classes, and protocols used to communicate between programs.
"AT&T Software" means software, including APIs, and all associated written and electronic documentation and data owned by AT&T and
licensed by AT&T to Customer. AT&T Software does not include software that is not furnished to Customer.
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MASTER AGREEMENT
"Customer Personal Data" means information that identifies an individual, that Customer directly or indirectly makes accessible to AT&T
and that AT&T collects, holds or uses in the course of providing the Services.
"Cutover" means the date Customer's obligation to pay for Services begins.
"Effective Date" of a Pricing Schedule means the date on which the last party signs the Pricing Schedule unless a later date is required by
regulation or law.
"MARC -Eligible Charges" means the recurring and usage charges (including amounts calculated from unpaid charges that are owed
under Section 8.4(c)(i)), after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer
for the Services identified in the applicable Pricing Schedule as MARC -contributing. The following are not MARC -Eligible Charges: (a)
charges for or in connection with Customer's purchase of equipment; (b) taxes; and (c) charges imposed in connection with
governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 and deaf relay charges).
"Minimum Payment Period" means the Minimum Payment Period identified for a Service Component in a Pricing Schedule or Service
Publication during which Customer is required to pay recurring charges for the Service Component.
"Minimum Retention Period" means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service
Publication during which Customer is required to maintain service to avoid the payment (or repayment) of certain credits, waived charges
or amortized charges.
"Purchased Equipment" means equipment or other tangible products Customer purchases under this Agreement, including any
replacements of Purchased Equipment provided to Customer. Purchased Equipment also includes any.internal code required to operate
such Equipment. Purchased Equipment does not include Software but does include any physical media provided to Customer on which
Software is stored.
"Service Component" means an individual component of a Service provided under this Agreement.
"Service Publications" means Tariffs, Guidebooks, Service Guides and the AUP.
"Site" means a physical location, including Customer's collocation space on AT&T's or its Affiliate's or subcontractor's property, where
AT&T installs or provides a Service.
"Software" means AT&T Software and Vendor Software.
"Third -Party Service" means a service provided directly to Customer by a third party under a separate agreement between Customer and
the third party.
"Vendor Software" means software, including APIs, and all associated written and electronic documentation and data AT&T furnishes to
Customer, other than AT&T Software.
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20190611-4057
153709UA
SB616H
Laura Morales
12 Jun 2019
Contract Specialist CGI
Amendment # _1_ to
MASTER AGREEMENT
CUSTOM TERMS AND CONDITIONS
The parties agree to modify the terms and conditions of the Diaster Agreement, upon the date this Amendment is
signed by both parties, as follows:
1A. Article 8 SUSPENSION AND TERMINATION
Section 8.5 is added as follows:
8.5. Non -Appropriations of Funding. If Customer is a government agency dependent entirely on government
funding, by executing this Agreement, Customer warrants that Customer has funds appropriated and available to pay
all amounts due hereunder through the end of Customer's current fiscal period. Customer further agrees to use
reasonable efforts to obtain all appropriations and funding necessary to pay for the Services for each subsequent fiscal
period through the end of the applicable Minimum Payment Period. In the event Customer is unable to obtain the
necessary appropriations or funding for the Services provided under this Agreement, Customer may terminate the
Services without liability for the Termination Charges set forth in section 8 (Suspension and Termination) upon the
following conditions: (i) Customer has taken .all actions necessary to obtain adequate appropriations or funding; (ii)
despite Customer's best efforts funds have not been appropriated and are otherwise unavailable to pay for the
Services; and (iii) Customer has negotiated in good faith with AT&T to develop revised terms, an alternative payment
schedule or a new agreement to accommodate Customer's budget. Customer must provide AT&T thirty (30) days'
written notice of its intent to terminate the Services under this section. Termination of the Services for failure to obtain
necessary appropriations or funding shall be effective as of the last day for which funds were appropriated or othenvise
made available. If Customer terminates the Services under this Agreement under this section; Customer agrees as
follows: (i) it will pay all amounts due for Services incurred through date of termination, and reimburse all unrecovered
non-recurring charges; and (ii) it will not contract with any other provider for the same or substantially similar services
or equipment for a period equal to the original Minimum Payment Period for such Service(s).
Amendment P 1 AT&T and Customer Confidential Information MOB
RC)Mr 1-AH+1TlzNn WR I-AL7.KMN(3 Page 2 of 2
W9165 05232419
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 28, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of an Agreement between the City of Milton,
Georgia and Invoice Cloud for Electronic Payment Processing
Services
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: EE9D5D09-14A8-4862-9693-E7102CAFDE12
X
X
X
X
June 1, 2020
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Assistant City Manager
Date: Submitted on May 26, 2020 for the June 1, 2020 Regular City
Council Meeting
Agenda Item: Approval of an Agreement between City of Milton, Georgia and
Invoice Cloud for Electronic Payment Processing Services
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: Invoice Cloud is a secure web-based electronic payment
processing solution that fully integrates with our new permitting software, CityView. With
full integration, the payment invoicing and processing will flow seamlessly between
CityView and Invoice Cloud. This creates a more efficient workflow that cuts out double
entries between the payment processor and the software and reduces potential errors.
Other benefits of moving to Invoice Cloud is a lower convenience fee to the end-user
(down from 3% to 2.95%) and having the option of paying via ACH/EFT (for a fee of
$2.95 per transaction).
Funding and Fiscal Impact: The service fee will be charged directly to the customer,
which is the same method we are currently using. No change to the funding impact.
Alternatives: None.
Legal Review:
Jeff Strickland, Jarrard & Davis (May 26, 2020)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s): Biller Agreement and Boarding Documents
DocuSign Envelope ID: 17DFD803-7A34-4E4B-91E4-457CD218ED9E
Biller Agreement
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1. License Grant & Restrictions. Subject to execution by Biller of the Invoice Cloud Biller Order Form incorporating this Agreement, Invoice
Cloud hereby grants Biller a non-exclusive, non-transferable, worldwide right to use the Service described on the Biller Order Form until
termination as provided herein, solely for the following purposes, and specifically to bill and receive payment from Biller’s own customers, for
Services that are referenced in the Biller Order Form. All rights not expressly granted to Biller are reserved by Invoice Cloud and its licensors.
Biller will provide to Invoice Cloud all Biller Data generated for Biller’s Customers. Unless otherwise expressly agreed to in writing by Invoice
Cloud to the contrary, Invoice Cloud will process all of Biller’s Customers’ Payment Instrument Transactions requirements rel ated to the Biller
Data and will do so via electronic data transmission according to our formats and procedures for each electronic payment type selected in the
Biller Order Form. In addition, Biller will sign all third-party applications and agreements required for the Service including without limitation
payment and credit card processing agreements and merchant agreements. For invoice types listed on the Order Form (e.g. real estate taxes,
utility bills, parking tickets, insurance premium, loans, etc.), Biller will not use the credit card processing, ACH or check processing of any
bank, payment processor, entity, or person, other than Invoice Cloud via electronic data transmission or the authorization for processing of
Biller’s Customers’ Payment Instrument Transactions for each electronic payment type selected in the Biller Order Form throughout the term
of this Agreement.
Biller shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make ava ilable to any third
party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) Recreate, "frame" or "mirror " any portion of
the Service on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Service; or (v) copy any features,
functions or graphics of the Service.
2. Privacy & Security. Invoice Cloud's privacy and security policies may be viewed at http://www.invoicecloud.com/privacy.html. Invoice
Cloud reserves the right to modify its privacy and security policies in its reasonable discretion from time to time which modification shall not
materially adversely impact such policies. Invoice Cloud will maintain compliance with current required Payment Card Industry (PCI) standards
and Cardholder Information Security standards.
3. Account Information and Data. Invoice Cloud does not and will not own any Customer Data, in the course of providing the Service. Biller,
not Invoice Cloud, shall have sole responsibility for the accuracy, quality, integrity, legality, and reliability of, and obtaining the intellectual
property rights to use and process all Customer Data. In the event this Agreement is terminated, Invoice Cloud will make available to Biller a
file of the Customer Data within 30 days of termination of this Agreement (or at a later time if required by applicable law), if Biller so requests
at the time of termination. Invoice Cloud reserves the right to remove and/or discard Customer Data with 30 days’ notice except as prohibited
by applicable law or in the event of exigent circumstances which makes prior notice impracticable, and in which case, notice will be provided
promptly thereafter.
4. Confidentiality / Intellectual Property Ownership. Invoice Cloud agrees that it may be furnished with or otherwise have access to
Customer Data that the Biller’s customers consider confidential. Invoice Cloud agrees to secure and protect the Customer Data in a manner
consistent with the maintenance of Invoice Cloud’s own Confidential Information, using at least as great a degree of care as it uses to maintain
the confidentiality of its own confidential information, but in no event use less than commercially reasonable measures. Invoice Cloud will not
sell, transfer, publish, disclose, or otherwise make available any portion of the Customer Data to third parties, except as required to perform the
Services under this Agreement or otherwise required by applicable law.
Invoice Cloud (and its licensors, where applicable) owns all right, title and interest, including all related Intellectual Property Rights, in and to
the Invoice Cloud Technology, the Content and the Service and any enhancement requests, feedback, integration components , suggestions,
ideas, and application programming interfaces, recommendations or other information provided by Biller or any other party relating t o the
Service. In the event any such intellectual property rights in the Invoice Cloud Technology, the Content or the Service do not fall within the
specifically enumerated works that constitute works made for hire under applicable copyright laws or are deemed to be owned by Invoice
Cloud, Biller hereby irrevocably, expressly and automatically assigns all right, ti tle and interest worldwide in and to such intellectual property
rights to Invoice Cloud. The Invoice Cloud name, the Invoice Cloud logo, and the product names associated with the Service are trademarks
of Invoice Cloud or third parties, and no right or lic ense is granted to use them.
Biller agrees that during the course of using or gaining access to the Service (or components thereof) it may be furnished wi th or otherwise
have access to information that Invoice Cloud considers to be confidential including but not limited to Invoice Cloud Technology, customer
and/or prospective customer information, product features and plans, marketing/sales collateral, pricing and financial information of the parties
which are hereby deemed to be Invoice Cloud Confidential Information, or any other information that by its very nature constitutes information
of a type that any reasonable business person would conclude was intended by Invoice Cloud to be treated as proprietary, conf idential, or
private (the “Confidential Information”). Biller agrees to secure and protect the Confidential Information in a manner consistent with the
maintenance of Invoice Cloud’s rights therein, using at least as great a degree of care as it uses to maintain the confidenti ality of its own
confidential information, but in no event use less than reasonable efforts. Biller will not sell, transfer, publish, disclose, or otherwise make
available any portion of the Confidential Information of the other party to third parties (and will ensure that its employee and agents abide by
the requirements hereof), except as expressly authorized in this Agreement or otherwise required by applicable law.
Biller Agreement
Biller Agreement Rev 4.2
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5. Billing and Renewal. Invoice Cloud fees for the Service are provided on the Biller Order Form. Invoice Cloud's fees are exclusive of all
taxes, levies, or duties imposed by taxing authorities, Invoice Cloud may assess and/or collect such taxes, levies, or duties against Biller and
Biller shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on
Invoice Cloud's income. All payment obligations are non -cancellable and all amounts or fees paid are non-refundable. Unless Invoice Cloud in
its discretion determines otherwise, all fees will be billed in U.S. dollars. If Biller believes Biller’s bill or payment is incorrect, Biller must
provide written notice to Invoice Cloud within 60 days of the earlier of the invoice date, or the date of payment, with respect to the amount in
question to be eligible to receive an adjustment or credit; otherwise such bill or payment is deemed correct. Invoice Cloud reserves the right to
modify any pricing with respect to fees owed by the Biller upon thirty days written notice to Biller based on increases incurred by Invoice
Cloud on fees, assessments, and the like from credit card processers, bank card issuers, payment associations, ACH and check processers.
6. Term and Termination. The initial term of this Agreement shall commence of the execution date of the Biller Order Form and continue for
a period of three (3) years after the date that the first transactions are processed through the Service (“Initial Term”) and will automatically
renew for each of additional successive three (3) year terms (“Renewal Term”) unless terminated as set forth herein. This Agreement may be
terminated by either party effective at the end of the Initial or any Renewal Term by such party providing written notice to the other party of
its intent not to renew no less than ninety (90) days prior to the expiration of the then -current term. Additionally, this Agreement may be
terminated by either party with cause in the event of a material breach of the terms of this Agreement by the other party and the breach remains
uncured for a period of 30 days following receipt of writte n notice by the breaching party. For example, any unauthorized use of the Invoice
Cloud Technology or Service by Biller, or its authorized users will be deemed a material breach of this Agreement. Upon any early termination
of this Agreement by Invoice Cloud as a result of the breach, Biller shall remain liable for all fees and charges incurred, and all periodic fees
owed through the end of the calendar month following the effective date of termination. Upon any termination or expiration of this Agreement,
Biller’s password and access will be disabled and Biller will be obligated to pay the balance due on Biller’s account computed in accordance
with the Charges and Payment of Fees section above. Biller agrees that Invoice Cloud may charge such unpaid fees to Biller’s Debit Account
or credit card or otherwise bill Biller for such unpaid fees. Notwithstanding the provision above, as Biller is a Georgia municipality, and to
extent that O.C.G.A. § 36-60-13 so requires, this Agreement shall terminate absolutely and without further obligation on the part of the Biller
at the end of the Biller’s fiscal year each year during the Initial Term and/or Renewal Term, and further, this Agreement sha ll automatically
renew on the first day of each subsequent Biller fiscal year during the Initial Term and/or Renewal Term, absent the Biller’s provision of written
notice of non-renewal to Invoice Cloud at least ninety (90) days prior to the end of the then current fiscal year. Title to any supplies, materials,
equipment, or other personal property shall remain in Invoice Cloud unless and until fully paid for by the Biller. Additionally, Invoice Cloud
recognizes that City’s engagement and use of Invoice Cloud’s services hereunder is based on Invoice Cloud’s compatibility and operation with
CityView permitting software. At any time during the Initial Term or Renewal Term(s) of this Agreement, and after the “go live” date when
transactions are processed through the Service, if Invoice Cloud is no longer compatible and/or does not operate with the Biller’s CityView
permitting software platform, City may provide notice of early termination to Invoice Cloud , with Invoice Cloud having thirty (30) days to cure
such lack of compatibility and if Invoice Cloud fails in that regard, the Biller shall have no further obligation hereunder beyond the stated
termination date.
7. Invoice Cloud Responsibilities. Invoice Cloud represents and warrants that it has the legal power and authority to enter into this Agreement.
Invoice Cloud warrants that the Service will materially perform the functions that the Biller has selected on the Order Form under normal use
and circumstances and that Invoice Cloud shall use commercially reasonable measures with respect to Customer Data to the extent that it retains
such, in the operation of the Service; provided that the Biller shall maintain immediately accessible backups of the Customer Data. In addition,
Invoice Cloud will, at its own expense, as the sole and exclusive remedy with respect to performance of the Service, correct any Transaction
Data to the extent that such errors have been caused by Invoice Cloud or by malfunctions of Invoice Cloud’s processing systems.
8. Limited Warranty EXCEPT AS PROVIDED IN SECTION 7, THE SERVICES AND ALL CONTENT AND TRANSACTION DATA IS
PROVIDED WITHOUT ANY EXPRESS, OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE
HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INVOICE CLOUD AND ITS
LICENSORS AND PAYMENT PROCESSORS. INVOICE CLOUD AND ITS LICENSORS AND PAYMENT PROCESSORS DO NOT
REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR OPERATE
IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THAT THE SERVICE WILL NOT
DELAY IN PROCESSING OR PAYING, OR (C) THE SERVICE WILL MEET REQUIREMENTS WITH RESPECT TO SIZE OR
VOLUME. Invoice Cloud's service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic
communications. Invoice cloud is not responsible for any delays, delivery failures, or other damage resulting from such probl ems.
9. Biller’s Responsibilities. Biller represents and warrants that it has the legal power and authority to enter into this Agreement. Biller is
responsible for all activity occurring under Biller’s accounts and shall abide by all applicable laws, and regulations in con nection with Biller’s
and/or its customers’ and/or any payers’ use of the Service, including those related to data privacy, communications, export or import of data
and the transmission of technical, personal or other data. Biller represents and warrants that Biller has not falsely identified itself nor provided
any false information to gain access to the Service and that Biller’s billing information is correct. Biller shall: (i) notify Invoice Cloud
immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Invoice
Cloud and immediately stop any copying or distribution of Content that is known or suspected to be unauthorized by Biller or Biller’s Users;
and (iii) obtain consent from Biller’s customers and payers to receive notifications and invoices from Invoice Cloud. Invoice Cloud is not
Biller Agreement
Biller Agreement Rev 4.2
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P a g e | 3
responsible for any Biller postings in error due to delayed notification from credit card processor, ACH bank and other relat ed circumstances.
Biller agrees and acknowledges that in the event that Biller has access to, receives from, creates, or receives protected health information, or
Biller has access to, creates, receives, maintains or transmits on behalf of electronic protected health information (as those terms are defined
under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act o f 1996 (“HIPAA”) and
Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment
Act of 2009 (“ARRA”), during the performance under this Agreement, it will comply with all such law, regulations and rules related thereto.
Biller is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of services an d adjustment of
Transactions. Biller is also required to disclose all refund, return and cancellation policies to Invoice Cloud and any applicable payment
processors and Biller’s Customers, as requested. Any change in a return/ cancellation policy must be submitted to Invoice Clo ud, in writing,
not less than 21 days prior to the effective date of such change. If Biller allows or is required to provide a price adjustment, or cancellation of
services in connection with a Transaction previously processed, Biller will prepare and deliver to Invoice Cloud Transaction Data reflecting
such refund/adjustment within 2 days of resolution of the request resulting in such refund/adjustment. The amount of the refund/adjustment
cannot exceed the amount shown as the total on the original Transaction Data. Biller may not accept cash or any other payment or consideration
from a Customer in return for preparing a refund to be deposited to the Customer’s account; nor may Biller give cash/check re funds to a
Customer in connection with a Transaction previously processed, unless required by applicable law .
10. Indemnification. Invoice Cloud shall indemnify and hold Biller, employees, attorneys, and agents, harmless from any losses, liabilities,
and damages (including, without limitation, Biller’s costs, and reasonable attorneys’ fees) arising out : (i) failure by Invoice Cloud to implement
commercially reasonable measures against the theft of the Customer Data; or (ii) its total failure to deliver funds processed by Invoice Cloud
as required hereunder (which relates to payments due from Invoice Cloud for Transaction Data). This indemnification does not apply to any
claim or complaint relating to Biller’s failure to resolve a payment dispute concerning debts owed to Biller or Biller’s negligence or willful
misconduct or violation of any applicable agreement or law.
11. Fees.
Invoice Cloud will not charge fees related to the initial setup, initial implementation and personalization of its standard Service unless a fee is
included in the Biller Order Form. Invoice Cloud will charge the Biller or payer fees as provided in the Biller Order Form. In addition, Invoice
Cloud reserves the right to charge for changes to the setup, implementation or personalization performed after the completion of initial setup
or implementation and any other requested work or changes including the following services, at its then standard rates:
• new file/biller set up
• template changes
• custom reports and other custom development
• new bill printer support
• invoice file format changes resulting in revision of integration/data translation
• re-implementation of a site/system and/or new billing system
• payment file revisions
• loading pdfs and importing/loading invoices
• conversion of biller customer registrations/passwords (post initial implementation)
• balance forward of invoices
• other out of scope services
12. Limitation of Liability. INVOICE CLOUD’S AGGREGATE LIABILITY SHALL BE UP TO AND NOT EXCEED THE AMOUNTS
ACTUALLY PAID BY AND/OR DUE FROM BILLER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE
EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL INVOICE CLOUD AND/OR ITS LICENSORS BE LIABLE TO
ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF
DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH THIS SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS
HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the
exclusion of implied warranties or limitation of liability for incidental, cons equential or certain other types of damages, so the exclusions set
forth above may not apply to Biller.
13. Export Control. The Biller agrees to comply with United States export controls administered by the U.S. Department of Commerce, the
United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies.
14. Notice. Either party may give notice by electronic mail to the other party’s email address (for Biller, that address on record on the Biller
Order Form, or by written communication sent by first class mail or pre -paid post to the other party’s address on record in Invoice Cloud’s
account information for Biller, and for Invoice Cloud, to Invoice Cloud, Inc., 30 Braintree Hill Office Park, Suite 303, Braintree, MA 02184
Attention: Client Services. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by
first class mail or pre-paid post) or 12 hours after sending (if sent by email).
Biller Agreement
Biller Agreement Rev 4.2
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15. Assignment. This Agreement may not be assigned by either party without the prior written approval of the other party, but may be assigned
without such party’s consent to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment i n
violation of this section shall be void.
16. Insurance.
Invoice Cloud agrees to maintain in full force and effect during the term of the Agreement, at its own cost, the following co verages:
a. Commercial General or Business Liability Insurance with minimum combined single limits of One Mil lion ($1,000,000) each
occurrence and Two Million ($2,000,000) general aggregate.
b. Umbrella Liability Insurance with minimum combined single limits of Five Million ($5,000,000) each occurrence and Five Millio n
($5,000,000) general aggregate.
c. Automobile Liability Insurance with minimum combined single limits for bodily injury and property damage of not less than One
Million ($1,000,000) for any one occurrence, with respect to each of the Invoice Cloud’s owned, hired or non -owned vehicles assigned
to or used in performance of the Services.
d. Errors and Omissions Insurance (Professional Liability and Cyber Insurance) with limits of liability of at least One Million Dollars
($1,000,000) per claim and in the aggregate.
17. Immigration Laws. For Services performed within the United States, Invoice Cloud will assign only personnel who are either citizens
of the United States or legally eligible to work in the United States. Invoice Cloud represents and warrants that it has complied and will comply
with all applicable immigration laws with respect to the personnel assigned to the Biller. Pursuant to O.C.G.A. § 13-10-91, the Parties shall not
enter into a contract for the physical performance of services within Georgia unless Invoice Cloud provides evidence on City-provided forms
(attached hereto as Exhibit A and Exhibit B) that Invoice Cloud and its subcontractors have registered with, are authorized t o 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 term of this Agreement.
18. Beta Products. In the event that there is any functionality labelled “Beta” on the Biller Order Form, such functionality is provided “AS IS”
WITHOUT ANY EXPRESS, OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INVOICE CLOUD AND ITS LICENSORS AND PAYMENT
PROCESSORS. INVOICE CLOUD’S AGGREGATE LIABILITY WITH RESPECT TO SUCH FUNCTIONALITY SHALL BE UP TO
AND NOT EXCEED $10.
19. General. With respect to agreements with municipalities, localities or governmental authorities, this Agreement shall be governed by
the law of the state wherein such municipality, locality or governmental authority is established, without regard to the choice or conflicts of
law provisions of any jurisdiction. With respect to Billers who are not with municipalities, localities or governmental authorities, this Agreement
shall be governed by Massachusetts law and control ling United States federal law, without regard to the choice or conflicts of law provisions
of any jurisdiction. No text or information set forth on any other purchase order, preprinted form or document (other than a Biller Order Form,
if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid
or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, e mployment, or agency
relationship exists between Biller and Invoice Cloud as a result of this agreement or use of the Service. The failure of either party to enforce
any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agr eed to by Invoice
Cloud in writing. All rights and obligations of the parties in Sections 4, 6, 10, 12, 14, 18 and 19 shall survive termination of this Agreement.
This Agreement, together with any applicable Biller Order Form, comprises the entire agreement between Biller and Invoice Cloud and
supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral between the parties regarding the
subject matter contained herein. Biller agrees that Invoice Cloud can disclose the fact that Biller is a paying customer and the edition of the
Service that Biller is using.
Additional terms and conditions and definitions applicable to this Agreement and the Biller Order Form are found at
www.invoicecloud.com/termsandconditions (the “Biller T+C”) and are agreed to by Invoice Cloud and the Biller.
Biller Agreement
Biller Agreement Rev 4.2
The complete Biller Agreement includes the Biller Order Form, the Online Terms and Conditions and this Agreement
P a g e | 5
EXHIBIT A
STATE OF GEORGIA
COUNTY OF FULTON
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 within
the State of Georgia on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the
federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in
accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the
undersigned contractor will continue to use the federal work authorization program throughout the contract period
and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract
only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-
10-91(b).
Contractor hereby attests that its federal work
authorization user identification number and date of
authorization are as follows:
_________________________________
Federal Work Authorization User Identification
Number
_________________________________
Date of Authorization
Invoice Cloud, Inc., a Delaware corporation
Name of Contractor
__________________________________
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 ______, ___, 2020, 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 ______________,2020.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
Biller Agreement
Biller Agreement Rev 4.2
The complete Biller Agreement includes the Biller Order Form, the Online Terms and Conditions and this Agreement
P a g e | 6
EXHIBIT B
STATE OF GEORGIA
COUNTY OF FULTON
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 within
the State of Georgia under a contract with Invoice Cloud, Inc., a Delaware corporation, on behalf of the City of
Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program
commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions
and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use
the federal work authorization program throughout the contract period, and the undersigned subcontractor will
contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who
present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the
undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the
contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -
subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned
subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work
authorization user identification number and date of
authorization are as follows:
_________________________________
Federal Work Authorization User Identification
Number
__________________________________
Date of Authorization
__________________________________
Name of Subcontractor
__________________________________
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on ______, ___, 2020, 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 ______________,2020.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
Biller Order Form
SALES INFORMATION
IC Sales Rep John Prodan Vertical Local Gov (Util, Tax, Misc)
Order Date 4/23/2020 Sales Prtnr Harris - CityView Software Prtner Harris - CityView
PRODUCTS AND SERVICES
Products [Cloud Pay]
PAYMENT METHODS ACCEPTED
Payment Types [American Express] [VISA/Mastercard/Discover] [ACH/EFT]jprodan@invoicecloud.com
BILLER INFORMATION
Ownership Type Government Phone 6782422500 Fax
Legal Name City of Milton Website URL http://cityofmiltonga.us
Address 1 2006 Heritage Walk Bus. Open Date 2006
Address 2 Federal Tax ID 51-0608862
City Milton *Federal Tax ID and Legal Name must match on all documents
State GA ZIP 30004 Array
BILLER CONTACT
Primary Contact Name Stacey Inglis
Phone 678-242-2508
Email Address stacey.inglis@cityofmiltonga.us
SIGNING AUTHORITY
Name Joe Lockwood Title Mayor
Phone 6782422500 Fax Email Address joe.lockwood@cityofmiltonga.us
BILLER PRICING
Description Interval Cost Type Cost
ACH Reject Fee Submitter (Chase) Per Transaction Fixed ($) $15.00
Chargeback Fee Submitter (Chase) Per Transaction Fixed ($) $15.00
HARDWARE
Card Reader Type Swipe Only Quantity 2 Cost per Reader 30.00
Card Reader IDTech
SREDKey
Billing Interval
Shipping Addr.
(if different than
location address)
Kiosk Type Device Quantity Per Device Txn Min Note: Biller will be charged for the minimum number of transactions listed to left each
Standard/In-Door 750 month per kiosk unity. In addition, if the Biller's order includes kiosks then the terms
Thru-Wall 800 and conditions of Kiosk Managed Standard SOW (and applicable schedules) are hereby
Outdoor Model 850 agreed and incorporated by reference
BILLER BANK INFO
Note: Must include voided business check or bank letter for each unique account
Billing Method ACH Month End Fees
Name on Account City of Milton Depository Account Bank Name Truist
Bank Address 980 Birmingham Rd Suite 400 Phone 4705395470
Milton GA 30004
Routing # 061000104 Last 4 Acct # 5791
DATA RETENTION
Months to Keep 24 *Additional Fees apply if greater than 24 months
NOTES/SPECIAL HANDLING
CityView Integration
CERTIFICATION AND AGREEMENT
A. By signing below, the Biller hereby authorizes Invoice Cloud, Inc. ("Invoice Cloud") to initiate and execute debit/credit entries to its checking/deposit account(s)
indicated above at the depository financial institution(s) named above and to debit/credit the same such account(s). The Biller acknowledges that the origination of
ACH transactions to its account(s) must comply with the provisions of U.S. law. This authority is to remain in full force and effect until (i) Invoice Cloud has received
written notification (by electronic or U.S. mail) from the Biller of its revocation in such time and manner as to allow Invoice Cloud a reasonable opportunity to act on
it, but not less than 10 business days notice; and (ii) all obligations of the Biller to Invoice Cloud that have arisen under this Agreement and all other agreements have
been paid in full. The Biller must also notify Invoice Cloud, in writing, (by electronic or U.S. mail) when a change in account number(s) or bank has occurred at which
time this authorization shall apply to such new/changed account. This notification must be received within 10 business days of change. A fee will be charged for any
returned ACH debits.
B. By signing below, the Biller named: (1) has read, agreed to, and acknowledges receipt of the Biller Agreement, Biller T+C and other Order Forms executed by the
Biller, and (2) certifies to Invoice Cloud that he/she is authorized to sign this Order Form; (3) certifies that all information and documents submitted in connection
with this Order Form are true and complete; (4) authorizes Invoice Cloud or its agent to verify any of the information given, including credit references, and to obtain
credit reports (including a spouse if in a community property state); (5) agrees to pay the Monthly Access Fee through the last day of the month following the
effective date of termination as provided in the Billing Agreement; (6) agrees that Biller and each transaction submitted will be bound by the Order Form and the
Biller Agreement in its entirety; (7) agrees that Biller will submit transactions only in accordance with the information in this Order Form and Biller Agreement and will
immediately inform Invoice Cloud, by email (contracts@invoicecloud.com) if any information in this Order Form changes, and (8) the Biller agrees and understands
that outstanding sums due and owing to Invoice Cloud., will be charged daily or monthly and debited from its current depository account. Non-sufficient funds for
these debits are grounds for a change in fees or termination of this Agreement. In the event of non-payment of any sums due, Invoice Cloud reserves the right to
withdraw such sums from the current depository account at any time to ensure payment of the same.
C. Pay by Text: Standard data rates and text messaging rates may apply based on the payer's plan with their mobile phone carrier. Payer can opt out of text messaging
at any time with Invoice Cloud. Partial payment or overpayment is not supported. Service fees may apply based on the biller set up with Invoice Cloud. Biller may not
use the service for activities that violate any law, statute, ordinance or regulation.
D. By signing below, the Biller hereby gives permission to Invoice Cloud to access his / her credit history via Trans Union, Equifax, or other credit-reporting agency.
E. The Order Form and the Biller Agreement will become effective only when counter-signed by Invoice Cloud and upon execution by the Biller of such third party
agreement required by Invoice Cloud to permit use of the payment function of the Service.
In WITNESS WHEREOF, the parties have executed this Agreement as of this day
Accepted by Biller: Accepted by Invoice Cloud, Inc.:
X X
Corporate Officer Corporate Officer
Joe Lockwood
Robert Lapides
Printed Name Printed Name
Mayor
President
Title Title
Biller Order Form
INVOICE PARAMETERS
Invoice Parameters must be completed for each invoice type
Invoice Type Permits Pricing Model Submitter
Biller Software CityView Non-Submitter: Interchange Paid By
BILLING DETAILS
Please indicate which months bills are sent by placing the bill count for each month below:
Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec
150 150 150 150 150 150 150 150 150 150 150 150
Avg Invoice $ 833.00 Max Invoice $ 25000.00 Bill Frequency BPM 150
SERVICE FEES
Payment Source Description Payment Method Minimum Fee ($)
per Transaction
Calculation
Type Fee Amount
All Payment Sources Credit/Debit 1.95 Percent (%) 2.95 %
All Payment Sources ACH/EFT Fixed ($) $2.95
Kiosk All Payment Methods
IVR Surcharge All Payment Methods
PAYMENT SOURCE EXCEPTIONS
MAX PAYMENT CAP
CC Max 125000.00 ACH Max ($) 125000.00
BILLER DEPOSITORY BANK INFO
Note: must include voided business check or bank letter for each unique account
Routing # 061000104 Last 4 Acct # 5791
NOTES/SPECIAL HANDLING
Numbers based on 2019 Actuals - 1800 Permits Issued for a total of 1.5 Million. Collections via current processor (That charges
5% Convenience Fee) was $429,000 in credit cards
John Prodanjprodan@invoicecloud.com
DocuSign Envelope ID: X692EBF-7A2A-4C08-95CE-113E3DB5DFOB
MILTON't
ESTABLISHED 2007
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 26, 2020
oama� ey
FROM: Steven Krokoff, City Manager Com,,
12
447c5
43o._
AGENDA ITEM: Approval of Subdivision Plats and Revisions.
Name of Development / Location
Action
Comments /
# lots
Total
Acres
Density
1. Excel Capital Construction
LL 1171 and 1172
Minor
Create 2
4.25
0.47 / acre
12450 Charlotte Drive
Plat
Lots
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: x APPROVED
CITY ATTORNEY APPROVAL REQUIRED: _ YES
CITY ATTORNEY REVIEW REQUIRED: _ YES
APPROVAL BY CITY ATTORNEY _ APPROVED
PLACED ON AGENDA FOR: lune 1, 2020
2006 Hedtage Walk Milton. GA
NOT APPROVED
x NO
x NO
NOT APPROVED
P: 678.242.25001 F: 678.242.2499 infoUcifyofmiltonga.us I www.cityofmittonga.us
DocuSign Envelope ID: 56CASE66-842F-4AE5-8F132AOA182CAA04
MI LTOOPI
ESTABLISHED 7006
To: Honorable Mayor and City Council Members
From: Parog Agrawal, Community Development Director
Date: Submitted on May 20, 2020 for the June 1, 2020
Regular Council Meeting
Agenda Item: Approval of Subdivision Plats and Revisions
Department Recommendation:
To approve the subdivision related plat as stated below.
Executive Summary:
Do Sigbr
5F51 ODU30...
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
The Excel Capital Construction minor plat described herein consists of a 4.25 -
acre parcel located at 12450 Charlotte Drive within the Crabapple Form Based
Code zoned T-2 to be subdivided into two separate lots. Lot 1 is 1 acre and Lot 2
is 1.84 acres in size as well as a public green space consisting of 0.16 acre
adjacent to Charlotte Drive. There is an internal private street to serve Lot 2 and
provide future inter -parcel access to the parcels to the west.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None - not required.
Concurrent Review:
Steven Krokoff, City Manager
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info®cityofmiltonga.us I www.cityofmiltonga.us
0000
Consent Agenda Plats Staff Memo
Attachment(s):
Plat List, Location Map, Plats
Name of Development / Location
Action
Comments /
# lots
Total
Acres
Density
1. Excel Capital Construction
LL 1171 and 1172
Minor
Create 2
4.25
0.47 / acre
12450 Charlotte Drive
Plat
Lots
Page 2 of 4
Consent Agenda Plats Staff Memo
Page 3 of 4
DocuSign Envelope ID: 56CA5E66-842F-4AE5-8F13-2A0A182CAA04
Consent Agenda Plats Staff Memo
Page 4 of 4
DocuSign Envelope ID: 56CA5E66-842F-4AE5-8F13-2A0A182CAA04
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 26, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration to Adopt the Revised Milton Tree Canopy
Conservation Ordinance and Tree Conservation Manual
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 3571E827-6A21-4FF0-83BB-D8AE72F085E9
X
X
X
X
June 1, 2020
To: Honorable Mayor and City Council Members
From: Parag Agrawal, Community Development Director
Date: Submitted on May 28, 2020 for the June 1, 2020 Regular City
Council Meeting (First Presentation) and June 15, 2020 Regular City
Council Meeting (Unfinished Business)
Agenda Item: Consideration to Adopt the Revised Milton Tree Canopy
Conservation Ordinance and Tree Conservation Manual
_____________________________________________________________________________________
Department Recommendation:
Approval.
Executive Summary:
Process
In April 2018, Mayor and City Council adopted the Tree Canopy Conservation
Ordinance to replace the original tree density ordinance. Then, based on feedback
from the community and City Council, staff began revising the Tree Canopy
Conservation Ordinance.
• Stakeholder Committee
o In March 2019, current staff began conducting regular meetings with the
Stakeholder Committee. Staff had a total of six meetings to discuss major
policies in the Tree Canopy Conservation Ordinance including canopy
coverage, protected and specimen tree sizes, critical root zone, tree
banks, tree fund, and parking lot requirements.
o In June 2019, a draft of the revised Tree Canopy Conservation Ordinance
was presented to the Stakeholder Committee where consensus was
received to move forward.
• Planning Commission
o In July 2019, staff presented the revised Tree Canopy Conservation
Ordinance recommended by the Stakeholder Committee to the Planning
Commission. Staff met with the Planning Commission at three different
work sessions and received valuable input on the tree ordinance
including waiver transparency, ensuring the manual was incorporated
with the ordinance, increased recompense for Heritage Trees and
language consistency.
o In November 2019, staff had a joint work session with the Planning
Commission and the Stakeholder Committee to gain consensus on
DocuSign Envelope ID: D7E69944-12E6-421D-91CC-F61F654393AF
o policies in the tree ordinance, such as, Specimen Tree Size and canopy
coverage requirements.
o In December 2019, the Planning Commission recommended going
forward with the revisions to the tree ordinance.
• City Council
o In January 2020 there was a joint work session with Planning Commission
and City Council. The focus of the work session was to introduce the
revised tree ordinance to City Council and allow the Planning Commission
to discuss policies including Heritage Trees, tree conservation manual, and
the frequency of measure the City’s own tree canopy coverage.
o In March 2020, there was a second work session with the City Council to
discuss Protected Tree size, tree removal permit application fees, and
incentivizing large lots 3 acres or more.
o Per recommendation of the City Council, the tree ordinance was revised
to change the minimum canopy coverage requirement for residential lots
3 acres or larger to 25% or existing, whichever is less, instead of 57%.
o No changes were made to the tree removal permit application fees and
the Protected Tree size following the March 2020 work session and staff is
open for any feedback.
Key Changes from the 2018 Tree Canopy Conservation Ordinance
• Protected Tree size changed from 2” and 6” diameter at breast height to 8”
diameter at breast height.
• The definition of a Specimen Tree was changed to remove medium height trees
and include Tulip-Poplars and Sweetgums in the same category as pines.
• Minimum tree canopy coverage requirement for AG1 went from 60% to 57%.
• Existing trees must make up one-third of the required canopy coverage during
development to prevent clearcutting.
• Removed Construction Zone and Improvement Area which restricted the
creation of yards and pastural look.
• Allow for reasonable discretion for tree removal on existing developed
properties.
• Approved waivers for the tree ordinance will be presented quarterly to the
Planning Commission for public transparency.
• Residential lots 3 acres or larger have a minimum canopy coverage requirement
of 25% or existing, whichever is less, to incentivize large lots.
• Streamlined the tree ordinance to remove redundancy and keep wording
consistent.
Moving Forward
• This revised tree ordinance will become effective August 1, 2020 because
currently the tree ordinance allows an applicant to use the tree-density based
ordinance or the canopy-based ordinance until July 31, 2020.
policies in the tree ordinance, such as, Specimen Tree Size and canopy
coverage requirements.
o In December 2019, the Planning Commission recommended going
forward with the revisions to the tree ordinance.
• City Council
o In January 2020 there was a joint work session with Planning Commission
and City Council. The focus of the work session was to introduce the
revised tree ordinance to City Council and allow the Planning Commission
to discuss policies including Heritage Trees, tree conservation manual, and
the frequency of measure the City’s own tree canopy coverage.
o In March 2020, there was a second work session with the City Council to
discuss Protected Tree size, tree removal permit application fees, and
incentivizing large lots 3 acres or more.
o Per recommendation of the City Council, the tree ordinance was revised
to change the minimum canopy coverage requirement for residential lots
3 acres or larger to 25% or existing, whichever is less, instead of 57%.
o Per recommendation of the City Council, no changes were made to the
tree removal permit application fees and the Protected Tree size following
the March 2020 work session.
Key Changes from the 2018 Tree Canopy Conservation Ordinance
• Protected Tree size changed from 2” and 6” diameter at breast height to 8”
diameter at breast height.
• The definition of a Specimen Tree was changed to remove medium height trees
and include Tulip-Poplars and Sweetgums in the same category as pines.
• Minimum tree canopy coverage requirement for AG1 went from 60% to 57%.
• Existing trees must make up one-third of the required canopy coverage during
development to prevent clearcutting.
• Removed Construction Zone and Improvement Area which restricted the
creation of yards and pastural look.
• Allow for reasonable discretion for tree removal on existing developed
properties.
• Approved waivers for the tree ordinance will be presented quarterly to the
Planning Commission for public transparency.
• Residential lots 3 acres or larger have a minimum canopy coverage requirement
of 25% or existing, whichever is less, to incentivize large lots.
• Streamlined the tree ordinance to remove redundancy and keep wording
consistent.
Moving Forward
• This revised tree ordinance will become effective August 1, 2020 because
currently the tree ordinance allows an applicant to use the tree-density based
ordinance or the canopy-based ordinance until July 31, 2020.
• Before the effective date, staff will roll out the new ordinance by hosting
educational events for the community, posting information on our website/social
media, and making flyers available in the permit lobby to inform the community
of the new tree ordinance.
• Staff will start up a tree planting initiative, Plant Milton!, to enhance tree planting
in the City. The planting initiative will include:
o Finding priority areas on public property to plant trees with the Tree Fund.
o Encourage tree planting on private property by partnering with local
nurseries and landscape businesses to offer trees to citizens.
DocuSign Envelope ID: D7E69944-12E6-421D-91CC-F61F654393AF
o Promote trees through social media and at City events.
Funding and Fiscal Impact:
Additional arborist services will be required because of the proposed changes to the
regulations:
• The new tree ordinance could cause an increase in tree removal permit requests
due to the permit requirements changing. The previous tree ordinance required
a tree removal permit for trees starting at 15” DBH and new tree ordinance
requires a tree removal permit for trees starting at 8” DBH, therefore, more trees
will now require a tree removal permit.
• The new tree ordinance requires additional information and details for a site plan
included on a tree survey, tree protection plan, and tree replacement plan. This
will cause for an increase in time needed for plan reviews.
• There will be an increase in the number of inspections that are required with the
new tree ordinance.
• The new tree ordinance will create a transition period involving a significant
portion of time spent on educating the public and applicants about new
regulations. This will result in an increase in the volume of phone calls, emails, and
meetings with applicants. There will also be workshops that will be scheduled.
Alternatives:
Continued Refinement
Legal Review:
Paul Frickey, Jarrard & Davis - 5/13/2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
1. Redlined text of revised Tree Canopy Conservation Ordinance and Tree
Conservation Manual from March 2020 City Council Work Session and Legal
Review
2. Final copy of the revised Tree Canopy Conservation Ordinance and Tree
Conservation Manual
DocuSign Envelope ID: D7E69944-12E6-421D-91CC-F61F654393AF
City of Milton, Georgia
Chapter 60 – Tree Canopy Conservation
Ordinance
Revised
April 2, 2020May 15, 2020
City Council Work Session and Legal Review
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page i
Table of Contents
ARTICLE I. IN GENERAL ......................................................................................... 1
1. Title ................................................................................................................................................... 1
2. Purpose and Intent ........................................................................................................................... 1
3. Administrator .................................................................................................................................... 1
4. Waivers ............................................................................................................................................. 1
5. Applicability and Exemptions ............................................................................................................ 2
6. Tree Conservation Manual ................................................................................................................ 3
7. Definitions ......................................................................................................................................... 3
8. Protected Trees ................................................................................................................................. 9
9. Specimen Trees ........................................................................................................................... 1110
10. Specimen Tree Stand .............................................................................................................. 1110
11. Heritage Trees ......................................................................................................................... 1110
12. City of Milton Tree Species List ............................................................................................... 1211
13. Appeals .................................................................................................................................... 1312
14. Inspections .............................................................................................................................. 1312
15. Enforcement ........................................................................................................................... 1413
16. Notice of Violation .................................................................................................................. 1413
17. Stop Work Order ..................................................................................................................... 1514
18. Citations .................................................................................................................................. 1615
ARTICLE II. TREE CANOPY ON PROPERTY ABSENT DEVELOPMENT ACTIVITY .... 1615
19. Tree Canopy Management ..................................................................................................... 1615
20. Tree Canopy Priorities ............................................................................................................. 1615
21. Tree Canopy Cover Requirements .......................................................................................... 1615
22. Tree Removal Permit .............................................................................................................. 1716
23. Tree Canopy Replacement ...................................................................................................... 1918
24. Tree Canopy Management ..................................................................................................... 1918
25. Tree Canopy Priorities ............................................................................................................. 1918
26. Tree Canopy Plan .................................................................................................................... 2019
27. Tree Canopy Cover Requirements .......................................................................................... 2221
28. Required Tree Locations ......................................................................................................... 2423
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page ii
29. Landscape Performance Bond ................................................................................................ 2827
30. Certificate of Occupancy and Final Plat Approval ................................................................... 2827
31. Alternative Compliance ........................................................................................................... 2928
32. Tree Canopy Fund ................................................................................................................... 3029
33. Timber Harvesting ................................................................................................................... 3130
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 1
ARTICLE I. IN GENERAL
1. Title
1.1. This chapter shall be known as the Tree Canopy Conservation Ordinance of the
City of Milton, Georgia or the “tree ordinance”.
2. Purpose and Intent
2.1. 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.
2.2. 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.
d. Maintain no net loss of tree canopy cover below the 57 percent existing as
of March 2017. The City will measure the tree canopy as needed, but not to
exceed a five year period between measurements, using the latest
technology and use the results to evaluate the effectiveness of this
ordinance in achieving the city’s tree canopy goals.
3. Administrator
3.1. The Director of the Community Development Department shall be the
Administrator of the tree ordinance.
3.1.3.2. Reference to the Administrator shall include the Administrator and/or
their designee.
4. Waivers
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 2
4.1. The Administrator shall have the authority to waive any provision of the tree
ordinance where such waiver is consistent with the purpose and intent of the
tree ordinance and where literal enforcement of the tree ordinance will create
an undue hardship or unreasonable practical difficulty on the Applicant.
4.2. The Administrator shall determine if a waiver is requiredjustified. A waiver must
be based upon credible evidence submitted to the Administrator demonstrating
that:
a. Approval, if granted, would not offend the purpose and intent of the tree
ordinance;
b. There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that literal or strict application
of this the tree ordinance would create an unnecessary hardship due to size,
shape, or topography or other extraordinary and exceptional situations or
conditions not caused by the applicant;
c. Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties;
d. That the public safety, health and welfare are secured, and that s ubstantial
justice is done.
4.3. The Administrator shall keep record of all approved waivers. Every quarter, any
waivers that have been approved will be presented to the Planning Commission
by the Administrator.
4.4. Planning Commission may recommend amendments to the provisions of the tree
ordinance to the Administrator at this time.
5. Applicability and Exemptions
5.1. The terms and provisions 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 development permit;
c. The removal of or disturbance to the Critical Root Zone or Structural Root
Plate of any Protected tree including Specimen and Heritage trees.
5.2. The activities, properties and trees that are exempt from the requirements of
the tree ordinance are:
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 3
a. Removal of trees posing an imminent threat or under emergency
conditions;
b. Commercial tree nursery and tree farm operations;
c. Trees removed or pruned by any utility company as part of routine
vegetation management activities or utility maintenance/repair within the
utility right-of-way or existing easements.
6. Tree Conservation Manual
6.1. There is hereby adopted and incorporated by reference, as if fully set forth
herein, a Tree Conservation Manual (version revised October 23,2019) that
supplements the tree ordinance and sets forth standards and procedures for
activities required by the tree ordinance. A copy of this manual will be available
online and in the office of Community Development.
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; provided that revised versions of the manual shall become part of the
tree ordinance only after adoption by the City Council as an amendment to the
tree ordinance. Should any standard of the Tree Conservation Manual conflict
with the tree ordinance, the tree ordinance shall govern.
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.
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. 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.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 4
c. 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).
d. 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.
e. 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
properties and/or uses with natural vegetation or replanting of trees and
shrubs if sparsely vegetated.
f. 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.
g. 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.
h. City arborist. The designee 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.
i. City tree. Any tree which is located within any city park, city easement, city
right-of-way, or on any other city owned property.
j. Clearcutting. A method of harvesting timber that results in the removal of
all trees from all or a portion of a property.
k. 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.
k.l. Conserved Tree. Any tree where encroachment into the Critical Root Zone
does not exceed 25%.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 5
l.m. 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;
Encroachment into the critical root zone must not exceed 25% for the tree
to be considered conserved.
m.n. Crown. The entirety of a tree’s scaffold limbs, branches and leaves.
n.o. 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.
o.p. Development activity. Any activity on real property which requires a
development permit.
p.q. Development permit. A land disturbance permit, grading permit, building
permit, demolition permit, minor plat approval, preliminary plat approval,
concept plan approval or other permit or approval issued by the City
Community Development Department authorizing the commencement of
the disturbance, alteration, improvement or development of a given tract of
land.
q.r. 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.
r.s. Establishment period. For a newly planted tree, the time from planting until
the beginning of the fourth growing season on-site.
s.t. Existing tree. An established tree growing on-site for at least 3 complete
growing seasons.
t.u. 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 tre es with 75
percent tree canopy cover.
u.v. Growing season. March 1 to November 30.
v.w. Hazardous tree. A tree that is likely to fail wholly or in part, under normal
environmental conditions as determined by a certified arborist.
w.x. 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
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 6
irreversible decline, severe insect or disease infestation, severe chlorosis, or
other life-threatening conditions.
x.y. Heritage tree(s). A tree that is designated by the administrator to be of
notable community interest because of its outstanding age or size, landmark
recognition or historical association.
y.z. 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.
z.aa. Landscape strip. An area required by the tree ordinance, the City of
Milton zoning resolution or any condition of zoning, use permit or v ariance
approval, which is reserved for the installation and/or maintenance of plant
materials.
aa.bb. Limits of disturbance. The boundary within which all construction,
materials storage, grading, landscaping and related activities shall occur.
bb.cc. Live crown ratio. The percentage of the total height of a tree that is
occupied by the tree’s live crown.
cc.dd. 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.
dd.ee. Passive tree protection. The ongoing avoidance of activities harmful to a
tree, as further described in the tree ordinance, within the tree protection
zone.
ee.ff. Planted tree. A tree that has been planted within the last 3 years and has
not yet completed 3 growing seasons on-site.
ff.gg. Planting season. Mid November 15 to mid March 15.
gg.hh. 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.
hh.ii. Priority tree. A specimen or heritage tree.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 7
ii.jj. Property. An area of land composed of less than one lot, or of
accumulations of one or more lots, or parts thereof.
jj.kk. Protected tree. Any tree 8 inches DBH or greater, any tree conserved or
planted to meet tree ordinance requirements, any City Tree, any Specimen
Tree, and/or any Heritage Tree.
kk.ll. 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 .
ll.mm. 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.
mm.nn. 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.
nn.oo. 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.
oo.pp. 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 City of Milton Tree Species List.
pp.qq. 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.
qq.rr. Structural Root Plate. For a conserved tree, the ground and soil area to a
depth of 30 inches with a radius extending out from the trunk 0.5 feet for
every inch of DBH.; since this is the area of rapid tapering roots supporting
the vertical weight of the tree, any damage to the structural root plate will
put the tree at high risk for failure and may be required to be removed as
determined by the city arborist.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 8
rr.ss. Thinning. Selective cutting of trees for timber products with the
remaining trees more or less evenly distributed across a property.
ss.tt. Timber harvesting. The felling of trees for timber products (pulpwood,
sawtimber, etc.) as part of ongoing forest management practices, by
thinning or clearcutting.
tt.uu. 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 disfigured, resulting in decay of the scaffold limbs or trunk and/or
decline in main branch and sprout production.
uu.vv. 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.
vv.ww. Tree bank. A site registered with the city where growing
conditions are favorable for the establishment of trees per the tree
placement standards set forth in the Tree Conservation Manual, and on
which trees may be planted to satisfy tree replacement or minimum tree
canopy cover requirements for another property.
ww.xx. 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.
xx.yy. 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.
yy.zz. 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.
zz.aaa. 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
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 9
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).
aaa.bbb. 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.
bbb.ccc. Tree conservation manual. A supplement to the tree ordinance
containing standards and procedures required for tree ordinance
compliance.
ccc.ddd. 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 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).
ddd.eee. Tree ordinance. Chapter 60 – Vegetation of the City of Milton
municipal code of ordinances.
eee.fff. 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.
fff.ggg. Tree removal permit. A permit required before a protected tree
can be removed, destroyed or irreparably damaged.
ggg.hhh. 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.
hhh.iii. 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 documented by a certified arborist with
final approval by the City 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. A Protected Tree is any tree 8 inches DBH or larger, any City Tree, any specimen
tree, or any heritage tree.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 10
8.1. A tree removal permit shall be required for any Protected tree being removed or
having disturbance to the critical root zone and/or structural root plate.
8.2. The removal of or disturbance to the Critical Root Zone or Structural Root Plate
of any Protected tree without a tree removal permit shall be considered a
violation of the tree ordinance.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 11
9. Specimen Trees
9.1. Any healthy tree, documented by aa certified arborist and verified by the City
Arborist, which meets at least one of the following criteria for size:
a. Hardwood trees with a minimum DBH of 24 inches for a tree in the large or
medium mature tree height class (very wide or wide canopy); or
b. Any tree with a minimum DBH of 8 inches for a tree in the small mature
tree height class (narrow or very narrow canopy); or
c. Pine trees (Pinus spp.), Sweetgums (Liquidambar styraciflua), and Tulip-
Poplars (Liriodendron tulipifera) with a minimum DBH of 27 inches
regardless of mature tree height class.
9.2. If removal of a Specimen Tree is approved, replacement requirements shall be
150 percent of the square feet of tree canopy cover removed .
9.3. All Specimen Trees successfully conserved and protected to meet tree canopy
cover requirements shall be given 25 percent additional tree canopy cover credit
over the actual measured canopy square footage or the standard credit as
assigned by the Tree Species List.
10. Specimen Tree Stand
10.1. A stand of trees may be considered a Specimen Tree Stand if primarily composed
of healthy trees, with no major insect or disease problems within the stand and
meets at least one of the following specific criteria as documented by a certified
arborist and verified by the City ArboristAdministrator:
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,
e. A stand on a lot which is otherwise devoid of trees.
11. Heritage Trees
11.1. A tree shall be designated as Heritage if it meets the criteria set forth herein.
11.2. Trees may be nominated for Heritage Tree status by the tree owner by
submitting a Heritage Tree Nomination Form to the Administrator.
11.3. Within 15 business days after the submittal of a completed nomination form by a
tree owner to the Administrator, the City Arborist shall provide a
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 12
recommendation on whether the nominated tree(s) should be designated as
Heritage.
11.4. The Administrator shall present the recommendation to City Council who shall
review heritage tree nominations and shall have the authority to designate trees
as Heritage.
11.5. For a tree to be designated as heritage, it must be a healthy tree as documented
by aa certified arborist and verified by the City ArboristAdministrator and meet
at least one of the following specific criteria as determined by the Administrator:
a. State or county champion tree, as determined by the Georgia Forestry
Commission (www.gfc.state.ga.us), 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; or
b. Documented age greater than 75 years old; or
c. An established and familiar feature or integral part of the community and its
heritage and is recognized as such by the administrator; or
d. Designated by the Georgia Tree Council (www. gatreecouncil.org) as a
Landmark or Historic Tree; or
e. Documented historical significance.
11.1. Prior to the approval of a tree canopy plan for a lot that includes the
proposed conservation or removal of a Heritage Tree, the City Arborist shall
inform the applicant that one or more trees on the lot has been designated
as a Heritage Tree before the tree canopy plan is approved.
11.2. The City Arborist shall maintain a current list of designated Heritage Trees and
their locations shall be recorded on the City’s GIS (Geographic Information
System).
11.3. All Heritage Trees successfully conserved and protected to meet tree canopy
cover requirements shall be given 40 percent additional tree canopy cover credit
over the actual or standard credit. All Heritage Trees approved for removal must
have their canopy replaced at 200 percent and payment must be made into the
Tree Canopy Fund at the rate listed in the City’s fee schedule located in Appendix
A of the City Code. Canopy replacement to shall be based on the actual
measurement of the tree canopy.
12. City of Milton Tree Species List
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 13
12.1. There is hereby 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.
12.2. 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.
12.3. 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. 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
Administrator.
13. Appeals
13.1. 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 Administrator for relief or reconsideration.
13.2. Any person aggrieved or adversely affected by any decision of the Administrator
relating to the application of the tree ordinance may file an appeal within 30
days of the Administrator’s decision with the Board of Zoning Appeals through
the Administrator.
13.3. Appeals Decisions shall only be granted reversed on appeal for errors clearly
erroneousof interpretation of the tree ordinance.
14. Inspections
14.1. The Administrator or his/her designee shall have the authority to conduct
inspections 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.
14.2. 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.
a.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 14
14.3. The Administrator 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.
15. Enforcement
15.1. It shall be the duty of the Administrator to enforce the tree ordinance.
15.2. The Administrator shall have the authority to modify, revoke, suspend, or void
any development permit, or tree removal permit and suspend all work on a
property or any portion thereof if a violation of the tree ordinance occurs until it
is determined that the property is in full compliance with the tree ordinance.
15.3. The Administrator shall have the authority to issue a Notice of Violation, Stop
Work Order, and Citation to enforce the provisions of this the tree ordinance.
16. Notice of Violation
16.1. 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.
16.2. 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.
16.3. 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 an immediate citation and/or stop work
order.
16.4. Reinspection to assess compliance after a violation shall require a separate re-
inspection fee as set forth in the City’s fee schedule.
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Chapter 60. - Tree Canopy Conservation Ordinance
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17. Stop Work Order
17.1. 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 as the violation has been remedied to the satisfaction of the city
arboristAdministrator.
17.2. 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 Administrator determines that
work must be stopped immediately to avoid further damage.
17.3. The stop work order shall:
a. Be in writing and posted on site;
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.
17.4. 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.
17.5. The Administrator 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.
17.6. 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 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.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 16
18. Citations
18.1. 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 violation;
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 PROPERTY ABSENT DEVELOPMENT ACTIVITY
19. Tree Canopy Management
19.1. On properties absent development activity, tree canopy cover shall be managed
through establishing tree canopy priorities, tree canopy cover requirements, tree
removal permitting and replacement requirements.
20. Tree Canopy Priorities
20.1. Priority areas on properties absent development activity for tree conservation
and planting shall be rural viewsheds, road frontages, required setbacks,
landscape strips or islands, and state waters or zoning buffers.
20.2. Priority trees for conservation shall be Specimen Trees, Specimen Tree Stands,
and Heritage treesTrees.
21. Tree Canopy Cover Requirements
21.1. The minimum amount of tree canopy cover required on a lot, in the absence of
further development, shall be the amount existing as of the date of application
for tree removal permit or the minimum canopy coverage requirement per Table
1, whichever is less.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 17
21.2. If the lot is over the minimum canopy coverage requirement per Table 1, any
proposed tree removal must not bring the lot below the minimum canopy
coverage requirement without recompense.
22. Tree Removal Permit
22.1. On a 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 encroachment into the Critical Root Zone or Structural Root Plate of a
Protected Tree.
22.2. The removal of a Protected Tree or encroachment into the Critical Root Zone or
Structural Root Plate without a tree removal permit shall constitute a violation of
the tree ordinance and may result in an immediate Stop Work Order, Notice of
Violation or Citation for the tree owner and/or any person or company involved
in cutting, removing or damaging the tree.
22.3. Application for a tree removal permit shall be made by the tree owner or his/her
authorized agent, to the Administrator.
22.4. A tree removal permit is required for the removal of a dead, unhealthy or
invasive tree.
22.5. A tree removal permit application fee shall be required, except for an application
for the removal of a dead, unhealthy or invasive tree.
22.6. The Administrator shall make a site visit or utilize other appropriate means to
inspect the trees proposed for removal within 10 days of the date of application.
22.7. The applicant will be notified of any application fees and canopy replacement
requirements after the application review is complete. If canopy replacement is
required, the applicant or property owner must provide an agreement to the
canopy replacement, such as, but not limited to, a complete landscape plan
including the location, size, and species of trees to be planted , a signed contract
with a landscape company stating the quantity, size, and species of trees to be
planted, or a written statement from the property owner specifying the quantity,
size, and species of trees to be planted along with a proposed planting schedule
before the permit may be issued.
22.8. The Administrator 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.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 18
22.9. When trees are removed on a lot without a tree removal permit due to
imminent threat or emergency conditions, the owner of such trees shall provide
an oral or electronic notice via telephone or e-mail to the Administrator prior to
or immediately after the removal.
22.10. Should the Administrator 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 24 of the tree
ordinance.
22.11. Replacement of the tree canopy removed, whether permitted or not permitted,
shall be required pursuant to Section 2423.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 19
23. Tree Canopy Replacement
23.1. The square feet of tree canopy cover provided by a Protected Tree that is
approved for removal or lost due to disturbance within the Critical Root Zone or
Structural Root Plate on a lot shall be replaced if, after the removal, the lot has
less than the minimum tree canopy cover listed in Table 1.
23.2. Tree canopy replacement shall not be required for a tree removed under
emergency conditions or after the approved removal of a dead, unhealthy, or
invasive tree.
23.3. Replacement trees shall be a minimum of 2-inch caliper for non-Specimen and
non-Heritage protected Protected trees Trees and 4-inch caliper for Specimen or
Heritage trees Trees at the time of planting.
23.4. 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 Protected treesTrees, 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.
23.5. All planting and maintenance activities for required replacement trees shall be
completed in accordance with the standards set forth in the Tree Conservation
Manual.
23.6. Recompense tree planting may be satisfied by Alternative alternative compliance
for tree replacement, as further described herein, may be approved by the
Administrator pursuant to Section 31.
ARTICLE III. TREE CANOPY IN CONNECTION WITH DEVELOPMENT ACTIVITY
24. Tree Canopy Management
24.1. On properties in connection with development activity, tree canopy cover shall
be managed through tree canopy cover requirements and tree conservation and
planting to meet those requirements.
25. Tree Canopy Priorities
25.1. Priority areas on properties with development activity for tree conservation and
planting shall be rural viewsheds, road frontages, parking lots, landscape strips
and landscape islands, and state waters and zoning buffers.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 20
25.2. 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.
25.3. Priority trees for conservation shall be Specimen and Heritage Trees.
26. Tree Canopy Plan
26.1. An approved tree canopy plan may be required as a condition of approval of any
development permit if necessary to implement the purposes and intent of the
tree ordinance as determined by the City ArboristAdministrator.
26.2. An approved tree canopy plan shall serve as an approved tree removal permit
for the purposes of land development.
26.3. The tree canopy plan shall be prepared by a licensed professional, such as, a
certified arborist, registered forester, registered landscape architect,
professional engineer or registered land surveyor.
26.4. The tree canopy plan shall be drawn to scale and include a tree survey, a tree
protection plan, a tree planting plan, and shall, at a minimum, 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 Protected
treesTrees, including Specimen and Heritage Trees, on the lot, with Critical
Root Zones, and Structural Root Plates identified on all Protected Trees,
including Specimen and Heritage Trees, proposed for conservation. Location
of tree groups and forested areas with description of primary species and
average DBH;
c. All Protected Trees, including Specimen and Heritage Trees, proposed to be
removed;
d. Location of all tree save areas and notations of all tree protection methods
to be used with details on materials and installation methods;
e. Trunk location, species, and caliper of all trees proposed for planting with
planting details and maintenance schedule for the first three years;
f. Location of all existing and proposed improvements, including, but not
limited to, buildings, driveways, walkways, retaining walls, other structures
and impervious surfaces, and all existing and new utilities;
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 21
g. Arborist Note: “Any unapproved encroachment into a designated tree save
area shall result in an immediate Stop Work Order, Notice of Violation,
and/or Citation for the responsible party.”
h. ;
i.h. Location of ingress and egress points and access roads for vehicles and
construction equipment;
j.i. All proposed grading and the limits of disturbance; and,
k.j. Name and contact information of property owner and primary authorized
agent(s) responsible for tree canopy plan compliance.
26.5. For gGuidelines on calculating tree canopy coverage refer toincluded in the Tree
Conservation Manual are incorporated herein by reference.
26.6. The tree canopy plan, tree 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.
26.7. The Administrator shall be responsible for reviewing all tree canopy plans and
shall decide whether the tree canopy plan is consistent with the requirements of
this the tree ordinance. 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.
26.8. No tree damage or removal, or land disturbance shall take place on any lot in
connection with development activity without an approved tree canopy plan as
required by the City ArboristAdministrator showing how tree canopy cover
requirements will be met.
26.9. 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.
26.10. 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 December 17, 2018 Page 22
27. Tree Canopy Cover Requirements
27.1. Tree canopy cover shall be required on all properties in connection with
development activity as a condition of development.
27.2. The amount of tree canopy cover required on a lot as a condition of
development shall be the amount currently existing or the minimum amount set
forth in Table 1, whichever is less. Canopy coverage shall be met with existing
trees to remain on site or a combination of existing trees and newly planted
trees. Existing trees must make up at least one-third of the required canopy
coverage.
27.3.
Table 1. Minimum Tree Canopy Cover Required
Zoning District
Minimum Tree Canopy Cover Required
as a Percent of Total Lot Area
AG-1, CUP, MHP, NUP 57%
C-1, C-2 30%
CBS, CS 50%
H 30%
MIX, O-I 40%
R-1, R-2, R-2A 57%
R-3, R-3A, R-4, R-4A 50%
R5, R-5A, R-6 40%
Suburban A 50%
T2 57%
T3 40%
T4, T4-Open, T4P, T4R, TR 30%
T5, T5R, T6 10%
Residential lots less than 3 acres, if the
existing canopy is less than 57%
Existing
with a minimum of 25%
Residential lots 3 acres or greater 25%
27.4.27.3. In subdivision developments, tree canopy cover requirements shall apply
to both the entire development and to each lot within the development.
27.5.27.4. Trees shall be conserved for tree canopy cover credit in accordance with
the requirements that follow:
a. Trees shall be conserved to the greatest extent possible in priority areas to
meet tree canopy cover requirements.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 23
b. Existing trees 2 inches DBH and greater, except for invasive species listed on
the tree species list or otherwise known to be invasive, may be eligible for
tree canopy cover credit if the trees meet the minimum quality standards as
established in the most current ANSI Z60.1 American Standard for Nursery
Stock.
c. Forested areas dominated by non-native, invasive, and/or exotic plant
species (kudzu, for example) shall not be eligible for tree canopy cover
credit. Trees conserved to meet tree canopy cover requirements shall be
actively protected during construction and passively protected at all times.
d. 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.
e. Since the Structural Root Plate is the area of rapid tapering roots supporting
the vertical weight of the tree, any damage to the Structural Root Plate will
put the tree at high risk for failure and may be requiredrequire the tree to
be removed as determined by the Administrator.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 24
27.6.27.5. 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.
28. Required Tree Locations
28.1. Rural Viewsheds
a. Where rural viewsheds are required in accordance with zoning regulations,
the entire area encompassed by the rural viewshed shall be eligibl e for tree
canopy cover credit.
b. For minor subdivisions and individual undeveloped residential properties,
the conservation of trees within the first 60 feet of road frontage from an
exterior street shall be eligible for a bonus of 20 percent additional square
feet of tree canopy cover credit. Disturbance within the rural viewshed,
shall follow the requirements set forth in the Zoning Ordinance.
c. 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 ArboristAdministrator if
the design meets the purpose and intent of the tree ordinance.
28.2. Road Frontages
a. In all new developments, street trees shall be required along road frontages
on private property 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.
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.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 25
e. 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
ArboristAdministrator and Public Works Director.
28.3. Parking Lots
a. Parking lot landscaping shall conform to requirements in the Zoning
ordinance Ordinance and to the requirements set forth in the Tree
Conservation Manual. Where differences between the provisions exist, the
more restrictive provisions shall prevail.
b. Trees shall be evenly distributed throughout the parking lot to maximize
tree functions and benefits.
c. There shall be a minimum of one (1) very wide or wide canopy tree for every
sixth parking space. No parking space shall be greater than 60 feet from the
trunk of a tree.
d. Trees in the very narrow tree canopy size class shall not be eligible for tree
canopy cover credit in parking lots. 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.
e. All trees planted within parking areas or otherwise surrounded by pavement
shall have a minimum amount of open soil surface in accordance with the
standards set forth in the Tree Conservation Manual.
f. 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.
g. Light poles and trees shall not share parking lot landscape islands to
eliminate the need for severe pruning of tree crowns as they mature.
h. 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.
28.4. Landscape Strips
a. Landscape strips shall be required as set forth in the zoning Zoning
ordinance Ordinance and the requirements set forth herein; where
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 26
differences between the provisions exist, the more restrictive provisions
shall prevail.
b. Trees within required landscape strips shall be provided as follows:
28.4.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.
28.4.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.
28.4.b.3. Clumping is permitted to create a more natural-looking landscape.
28.4.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.
28.4.b.5. All species within required landscape strips must be ecologically
compatible with the growing site.
28.4.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
adequate growing space does not exist for trees in the wide or very wide tree
canopy size classes.
28.4.b.7. No permanent structures shall be permitted within landscape strips,
including retaining walls, curbing, dumpsters, detention facilities, etc.
28.4.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 .
28.4.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.
28.4.b.10. Signs within required landscape strips shall be subject to the approval of
the Administrator and may only be located in areas of turf or groundcover,
and shall not conflict with the growing space designated for trees and shrubs.
28.4.b.11. The deposition of stormwater runoff into drainage swales through
landscape strips is not permitted. Exceptions will be considered by the city
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 27
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 .
28.4.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 f or 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.
28.5. Buffers
a. Buffers required pursuant to the Zoning ordinance Ordinance 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 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.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 28
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.
29. Landscape Performance Bond
29.1. 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.
29.2. 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.
29.3. 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.
29.4. 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.
29.5. Upon the successful planting of all required trees and landscape plants by the
applicant, the landscape performance bond shall be returned.
30. Certificate of Occupancy and Final Plat Approval
30.1. 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.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 29
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.
30.2. 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.
31. Alternative Compliance
31.1. Alternative compliance for a portion of the tree canopy cover required on a lot
may be approved by the administrator Administrator pursuant to the provisions
of this section.
31.2. 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.
31.3. 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.
31.4. 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.
31.5. The city shall maintain a list of registered tree bank sites, which may include
open space on city property or on developed, private property.
31.6. 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.
31.7. The use of the tree bank shall be approved by the administrator 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.
31.8. 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:
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 30
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.
31.9. Trees planted in tree banks shall meet all the same requirements as for trees
planted on-site.
31.10. A tree planting and maintenance plan developed and submitted by the applicant
shall be required.
31.11. The applicant shall be responsible for the planting of trees off -site in a tree bank.
31.12. The registered tree bank owner shall be responsible for the required
maintenance and protection of tree bank trees.
31.13. 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.
31.14. The removal of trees within a tree bank shall require a tree removal permit.
31.15. 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
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.
31.16. 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.
32. Tree Canopy Fund
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 31
32.1. 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.
32.2. 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 collected for alternative compliance to the tree ordinance; and,
c. Fees for violations of the tree ordinance.
32.3. 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.
33. Timber Harvesting
33.1. For lots greater than 2 acres, a timber harvesting notification shall be required
and shall be submitted to the Administrator before any timber harvesting may
commence.
33.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber
harvesting will occur shall be required in all zoning districts.
33.3. The clearcutting of timber shall be allowed on AG-1 zoned land only.
33.4. Thinning shall be allowed in all zoning districts and land uses.
33.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be
required before timber harvesting may commence.
33.6. 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.
33.7. 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;
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 32
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.
33.8. Stump removal or grading shall be prohibited as part of normal timber
harvesting operations that are not related to development.
33.9. Clearcutting, thinning or land disturbance shall not be allowed within state water
or wetland buffers.
33.10. Compliance with the soil erosion and sedimentation control ordinance is
required.
33.11. 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.
City of Milton, Georgia
Chapter 60 – Tree Canopy Conservation
Ordinance
Revised
May 15, 2020
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page i
Table of Contents
ARTICLE I. IN GENERAL ......................................................................................... 1
1. Title ................................................................................................................................................... 1
2. Purpose and Intent ........................................................................................................................... 1
3. Administrator .................................................................................................................................... 1
4. Waivers ............................................................................................................................................. 1
5. Applicability and Exemptions ............................................................................................................ 2
6. Tree Conservation Manual ................................................................................................................ 3
7. Definitions ......................................................................................................................................... 3
8. Protected Trees ................................................................................................................................. 9
9. Specimen Trees ................................................................................................................................. 9
10. Specimen Tree Stand .................................................................................................................. 10
11. Heritage Trees ............................................................................................................................. 10
12. City of Milton Tree Species List ................................................................................................... 11
13. Appeals ........................................................................................................................................ 12
14. Inspections .................................................................................................................................. 12
15. Enforcement ............................................................................................................................... 12
16. Notice of Violation ...................................................................................................................... 13
17. Stop Work Order ......................................................................................................................... 13
18. Citations ...................................................................................................................................... 14
ARTICLE II. TREE CANOPY ON PROPERTY ABSENT DEVELOPMENT ACTIVITY ........15
19. Tree Canopy Management ......................................................................................................... 15
20. Tree Canopy Priorities ................................................................................................................. 15
21. Tree Canopy Cover Requirements .............................................................................................. 15
22. Tree Removal Permit .................................................................................................................. 15
23. Tree Canopy Replacement .......................................................................................................... 16
24. Tree Canopy Management ......................................................................................................... 17
25. Tree Canopy Priorities ................................................................................................................. 17
26. Tree Canopy Plan ........................................................................................................................ 18
27. Tree Canopy Cover Requirements .............................................................................................. 19
28. Required Tree Locations ............................................................................................................. 21
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page ii
29. Landscape Performance Bond .................................................................................................... 25
30. Certificate of Occupancy and Final Plat Approval ....................................................................... 25
31. Alternative Compliance ............................................................................................................... 26
32. Tree Canopy Fund ....................................................................................................................... 27
33. Timber Harvesting ....................................................................................................................... 28
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 1
ARTICLE I. IN GENERAL
1. Title
1.1. This chapter shall be known as the Tree Canopy Conservation Ordinance of the
City of Milton, Georgia or the “tree ordinance”.
2. Purpose and Intent
2.1. 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.
2.2. 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.
d. Maintain no net loss of tree canopy cover below the 57 percent existing as
of March 2017. The City will measure the tree canopy as needed, but not to
exceed a five year period between measurements, using the latest
technology and use the results to evaluate the effectiveness of this
ordinance in achieving the city’s tree canopy goals.
3. Administrator
3.1. The Director of the Community Development Department shall be the
Administrator of the tree ordinance.
3.2. Reference to the Administrator shall include the Administrator and/or their
designee.
4. Waivers
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 2
4.1. The Administrator shall have the authority to waive any provision of the tree
ordinance where such waiver is consistent with the purpose and intent of the
tree ordinance and where literal enforcement of the tree ordinance will create
an undue hardship or unreasonable practical difficulty on the Applicant.
4.2. The Administrator shall determine if a waiver is justified. A waiver must be based
upon credible evidence submitted to the Administrator demonstrating that:
a. Approval, if granted, would not offend the purpose and intent of the tree
ordinance;
b. There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that literal or strict application
of the tree ordinance would create an unnecessary hardship due to size,
shape, or topography or other extraordinary and exceptional situations or
conditions not caused by the applicant;
c. Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties;
d. That the public safety, health and welfare are secured, and that substantial
justice is done.
4.3. The Administrator shall keep record of all approved waivers. Every quarter, any
waivers that have been approved will be presented to the Planning Commission
by the Administrator.
4.4. Planning Commission may recommend amendments to the provisions of the tree
ordinance to the Administrator at this time.
5. Applicability and Exemptions
5.1. The terms and provisions 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 development permit;
c. The removal of or disturbance to the Critical Root Zone or Structural Root
Plate of any Protected tree including Specimen and Heritage 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;
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 3
b. Commercial tree nursery and tree farm operations;
c. Trees removed or pruned by any utility company as part of routine
vegetation management activities or utility maintenance/repair within the
utility right-of-way or existing easements.
6. Tree Conservation Manual
6.1. There is hereby adopted and incorporated by reference, as if fully set forth
herein, a Tree Conservation Manual (version revised October 23,2019) that
supplements the tree ordinance and sets forth standards and procedures for
activities required by the tree ordinance. A copy of this manual will be available
online and in the office of Community Development.
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; provided that revised versions of the manual shall become part of the
tree ordinance only after adoption by the City Council as an amendment to the
tree ordinance. Should any standard of the Tree Conservation Manual conflict
with the tree ordinance, the tree ordinance shall govern.
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.
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. 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.
c. 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
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 4
and published by the International Society of Arboriculture (www.isa-
arbor.com).
d. 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.
e. 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
properties and/or uses with natural vegetation or replanting of trees and
shrubs if sparsely vegetated.
f. 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.
g. 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.
h. City arborist. The designee 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.
i. City tree. Any tree which is located within any city park, city easement, city
right-of-way, or on any other city owned property.
j. Clearcutting. A method of harvesting timber that results in the removal of
all trees from all or a portion of a property.
k. 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.
l. Conserved Tree. Any tree where encroachment into the Critical Root Zone
does not exceed 25%.
m. 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;
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 5
Encroachment into the critical root zone must not exceed 25% for the tree
to be considered conserved.
n. Crown. The entirety of a tree’s scaffold limbs, branches and leaves.
o. 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.
p. Development activity. Any activity on real property which requires a
development permit.
q. Development permit. A land disturbance permit, grading permit, building
permit, demolition permit, minor plat approval, preliminary plat approval,
concept plan approval or other permit or approval issued by the City
Community Development Department authorizing the commencement of
the disturbance, alteration, improvement or development of a given tract of
land.
r. 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.
s. Establishment period. For a newly planted tree, the time from planting until
the beginning of the fourth growing season on -site.
t. Existing tree. An established tree growing on-site for at least 3 complete
growing seasons.
u. 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.
v. Growing season. March 1 to November 30.
w. Hazardous tree. A tree that is likely to fail wholly or in part, under normal
environmental conditions as determined by a certified arborist.
x. 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.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 6
y. Heritage tree(s). A tree that is designated by the administrator to be of
notable community interest because of its outstanding age or size, landmark
recognition or historical association.
z. 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.
aa. 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.
bb. Limits of disturbance. The boundary within which all construction, materials
storage, grading, landscaping and related activities shall occur.
cc. Live crown ratio. The percentage of the total height of a tree that is
occupied by the tree’s live crown.
dd. 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.
ee. Passive tree protection. The ongoing avoidance of activities harmful to a
tree, as further described in the tree ordinance, within the tree protection
zone.
ff. Planted tree. A tree that has been planted within the last 3 years and has
not yet completed 3 growing seasons on-site.
gg. Planting season. November 15 to March 15.
hh. 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.
ii. Priority tree. A specimen or heritage tree.
jj. Property. An area of land composed of less than one lot, or of
accumulations of one or more lots, or parts thereof.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 7
kk. Protected tree. Any tree 8 inches DBH or greater, any tree conserved or
planted to meet tree ordinance requirements, any City Tree, any Specimen
Tree, and/or any Heritage Tree.
ll. 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.
mm. 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.
nn. 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.
oo. 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.
pp. 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 City of Milton Tree Species List.
qq. 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.
rr. Structural Root Plate. For a conserved tree, the ground and soil area to a
depth of 30 inches with a radius extending out from the trunk 0.5 feet for
every inch of DBH.
ss. Thinning. Selective cutting of trees for timber products with the remaining
trees more or less evenly distributed across a property.
tt. Timber harvesting. The felling of trees for timber products (pulpwood,
sawtimber, etc.) as part of ongoing forest management practices, by
thinning or clearcutting.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 8
uu. 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
disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in
main branch and sprout production.
vv. 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.
ww. Tree bank. A site registered with the city where growing conditions are
favorable for the establishment of trees per the tree placement standards
set forth in the Tree Conservation Manual, and on which trees may be
planted to satisfy tree replacement or minimum tree canopy cover
requirements for another property.
xx. 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.
yy. 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.
zz. 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.
aaa. 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).
bbb. 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.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 9
ccc. Tree conservation manual. A supplement to the tree ordinance
containing standards and procedures required for tree ordinance
compliance.
ddd. 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
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).
eee. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal
code of ordinances.
fff. 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.
ggg. Tree removal permit. A permit required before a protected tree can be
removed, destroyed or irreparably damaged.
hhh. 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.
iii. 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 documented by a certified arborist with final approval by the
City Arborist.
8. Protected Trees
8.1. A tree removal permit shall be required for any Protected tree being removed or
having disturbance to the critical root zone and/or structural root plate.
8.2. The removal of or disturbance to the Critical Root Zone or Structural Root Plate
of any Protected tree without a tree removal permit shall be considered a
violation of the tree ordinance.
9. Specimen Trees
9.1. Any healthy tree, documented by aa certified arborist and verified by the City
Arborist, which meets at least one of the following criteria for size:
a. Hardwood trees with a minimum DBH of 24 inches for a tree in the large or
medium mature tree height class (very wide or wide canopy); or
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Chapter 60. - Tree Canopy Conservation Ordinance
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b. Any tree with a minimum DBH of 8 inches for a tree in the small mature
tree height class (narrow or very narrow canopy); or
c. Pine trees (Pinus spp.), Sweetgums (Liquidambar styraciflua), and Tulip-
Poplars (Liriodendron tulipifera) with a minimum DBH of 27 inches
regardless of mature tree height class.
9.2. If removal of a Specimen Tree is approved, replacement requirements shall be
150 percent of the square feet of tree canopy cover removed .
9.3. All Specimen Trees successfully conserved and protected to meet tree canopy
cover requirements shall be given 25 percent additional tree canopy cover credit
over the actual measured canopy square footage or the standard credit as
assigned by the Tree Species List.
10. Specimen Tree Stand
10.1. A stand of trees may be considered a Specimen Tree Stand if primarily composed
of healthy trees, with no major insect or disease problems within the stand and
meets at least one of the following specific criteria as documented by a certified
arborist and verified by the Administrator:
a. A 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,
e. A stand on a lot which is otherwise devoid of trees.
11. Heritage Trees
11.1. A tree shall be designated as Heritage if it meets the criteria set forth herein.
11.2. Trees may be nominated for Heritage Tree status by the tree owner by
submitting a Heritage Tree Nomination Form to the Administrator.
11.3. Within 15 business days after the submittal of a completed nomination form by a
tree owner to the Administrator, the City Arborist shall provide a
recommendation on whether the nominated tree(s) should be designated as
Heritage.
11.4. The Administrator shall present the recommendation to City Council who shall
review heritage tree nominations and shall have the authority to designate trees
as Heritage.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 11
11.5. For a tree to be designated as heritage, it must be a healthy tree as documented
by aa certified arborist and verified by the Administrator and meet at least one
of the following specific criteria as determined by the Administrator:
a. State or county champion tree, as determined by the Georgia Forestry
Commission (www.gfc.state.ga.us), 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; or
b. Documented age greater than 75 years old; or
c. An established and familiar feature or integral part of the community and its
heritage and is recognized as such by the administrator; or
d. Designated by the Georgia Tree Council (www. gatreecouncil.org) as a
Landmark or Historic Tree; or
e. Documented historical significance.
11.1. Prior to the approval of a tree canopy plan for a lot that includes the
proposed conservation or removal of a Heritage Tree, the City Arborist shall
inform the applicant that one or more trees on the lot has been designated
as a Heritage Tree before the tree canopy plan is approved.
11.2. The City Arborist shall maintain a current list of designated Heritage Trees and
their locations shall be recorded on the City’s GIS (Geographic Information
System).
11.3. All Heritage Trees successfully conserved and protected to meet tree canopy
cover requirements shall be given 40 percent additional tree canopy cover credit
over the actual or standard credit. All Heritage Trees approved for removal must
have their canopy replaced at 200 percent and payment must be made into the
Tree Canopy Fund at the rate listed in the City’s fee schedule located in Appendix
A of the City Code. Canopy replacement shall be based on the actual
measurement of the tree canopy.
12. City of Milton Tree Species List
12.1. There is hereby 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.
12.2. 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,
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 12
poor structure or large thorns, are pest susceptible or are not well -suited to
regional growing conditions.
12.3. 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. 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
Administrator.
13. Appeals
13.1. 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 Administrator for relief or reconsideration.
13.2. Any person aggrieved or adversely affected by any decision of the Administrator
relating to the application of the tree ordinance may file an appeal within 30
days of the Administrator’s decision with the Board of Zoning Appeals through
the Administrator.
13.3. Decisions shall only be reversed on appeal for clearly erroneous interpretation of
the tree ordinance.
14. Inspections
14.1. The Administrator or his/her designee shall have the authority to conduct
inspections 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.
14.2. 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.
14.3. The Administrator 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.
15. Enforcement
15.1. It shall be the duty of the Administrator to enforce the tree ordinance.
15.2. The Administrator shall have the authority to modify, revoke, suspend, or void
any development permit, or tree removal permit and suspend all work on a
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 13
property or any portion thereof if a violation of the tree ordinance occurs until it
is determined that the property is in full compliance with the tree ordinance.
15.3. The Administrator shall have the authority to issue a Notice of Violation, Stop
Work Order, and Citation to enforce the provisions of the tree ordinance.
16. Notice of Violation
16.1. 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.
16.2. 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.
16.3. 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 an immediate citation and/or stop work
order.
16.4. Reinspection to assess compliance after a violation shall require a separate re-
inspection fee as set forth in the City’s fee schedule.
17. Stop Work Order
17.1. 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 as the violation has been remedied to the satisfaction of the Administrator.
17.2. 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 Administrator determines that
work must be stopped immediately to avoid further damage.
17.3. The stop work order shall:
a. Be in writing and posted on site;
b. State specific violations;
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 14
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.
17.4. 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.
17.5. The Administrator 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.
17.6. 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.
18. Citations
18.1. 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 violation;
b. Each calendar day a violation exists shall be considered a separat e 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;
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 15
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 PROPERTY ABSENT DEVELOPMENT ACTIVITY
19. Tree Canopy Management
19.1. On properties absent development activity, tree canopy cover shall be managed
through establishing tree canopy priorities, tree canopy cover requirements, tree
removal permitting and replacement requirements.
20. Tree Canopy Priorities
20.1. Priority areas on properties absent development activity for tree conservation
and planting shall be rural viewsheds, road frontages, required setbacks,
landscape strips or islands, and state waters or zoning buffers.
20.2. Priority trees for conservation shall be Specimen Trees, Specimen Tree Stands,
and Heritage Trees.
21. Tree Canopy Cover Requirements
21.1. The minimum amount of tree canopy cover required on a lot, in the absence of
further development, shall be the amount existing as of the date of application
for tree removal permit or the minimum canopy coverage requirement per Table
1, whichever is less.
21.2. If the lot is over the minimum canopy coverage requirement per Table 1, any
proposed tree removal must not bring the lot below the minimum canopy
coverage requirement without recompense.
22. Tree Removal Permit
22.1. On a 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 encroachment into the Critical Root Zone or Structural Root Plate of a
Protected Tree.
22.2. The removal of a Protected Tree or encroachment into the Critical Root Zone or
Structural Root Plate without a tree removal permit shall constitute a violation of
the tree ordinance and may result in an immediate Stop Work Order, Notice of
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 16
Violation or Citation for the tree owner and/or any person or company involved
in cutting, removing or damaging the tree.
22.3. Application for a tree removal permit shall be made by the tree owner or his/her
authorized agent, to the Administrator.
22.4. A tree removal permit is required for the removal of a dead, unhealthy or
invasive tree.
22.5. A tree removal permit application fee shall be required, except for an application
for the removal of a dead, unhealthy or invasive tree.
22.6. The Administrator shall make a site visit or utilize other appropriate means to
inspect the trees proposed for removal within 10 days of the date of application.
22.7. If canopy replacement is required, the applicant or property owner must provide
an agreement to the canopy replacement, such as, but not limited to, , a signed
contract with a landscape company stating the quantity, size, and species of
trees to be planted, or a written statement from the property owner specifying
the quantity, size, and species of trees to be planted along with a proposed
planting schedule before the permit may be issued.
22.8. The Administrator 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.
22.9. When trees are removed on a lot without a tree removal permit due to
imminent threat or emergency conditions, the owner of such trees shall provide
an oral or electronic notice via telephone or e-mail to the Administrator prior to
or immediately after the removal.
22.10. Should the Administrator 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 24 of the tree
ordinance.
22.11. Replacement of the tree canopy removed, whether permitted or not permitted,
shall be required pursuant to Section 23.
23. Tree Canopy Replacement
23.1. The square feet of tree canopy cover provided by a Protected Tree that is
approved for removal or lost due to disturbance within the Critical Root Zone or
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 17
Structural Root Plate on a lot shall be replaced if, after the removal, the lot has
less than the minimum tree canopy cover listed in Table 1.
23.2. Tree canopy replacement shall not be required for a tree removed under
emergency conditions or after the approved removal of a dead, unhealthy, or
invasive tree.
23.3. 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.
23.4. 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.
23.5. All planting and maintenance activities for required replacement trees shall be
completed in accordance with the standards set forth in the Tree Conservation
Manual.
23.6. Recompense tree planting may be satisfied by alternative compliance pursuant
to Section 31.
ARTICLE III. TREE CANOPY IN CONNECTION WITH DEVELOPMENT ACTIVITY
24. Tree Canopy Management
24.1. On properties in connection with development activity, tree canopy cover shall
be managed through tree canopy cover requirements and tree conservation and
planting to meet those requirements.
25. Tree Canopy Priorities
25.1. Priority areas on properties with development activity for tree conservation and
planting shall be rural viewsheds, road frontages, parking lots, landscape strips
and landscape islands, and state waters and zoning buffers.
25.2. 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.
25.3. Priority trees for conservation shall be Specimen and Heritage Trees.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 18
26. Tree Canopy Plan
26.1. An approved tree canopy plan may be required as a condition of approval of any
development permit if necessary to implement the purposes and intent of the
tree ordinance as determined by the Administrator.
26.2. An approved tree canopy plan shall serve as an approved tree removal permit
for the purposes of land development.
26.3. The tree canopy plan shall be prepared by a licensed professional, such as, a
certified arborist, registered forester, registered landscape architect,
professional engineer or registered land surveyor.
26.4. The tree canopy plan shall be drawn to scale and include a tree survey, a tree
protection plan, a tree planting plan, and shall, at a minimum, 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 Protected
Trees, including Specimen and Heritage Trees, on the lot, with Critical Root
Zones, and Structural Root Plates identified on all Protected Trees, including
Specimen and Heritage Trees, proposed for conservation. Location of tree
groups and forested areas with description of primary species and average
DBH;
c. All Protected Trees, including Specimen and Heritage Trees, proposed to be
removed;
d. Location of all tree save areas and notations of all tree protection methods
to be used with details on materials and installation methods;
e. Trunk location, species, and caliper of all trees proposed for planting with
planting details and maintenance schedule for the first three years;
f. Location of all existing and proposed improvements, including, but not
limited to, buildings, driveways, walkways, retaining walls, other structures
and impervious surfaces, and all existing and new utilities;
g. Arborist Note: “Any unapproved encroachment into a designated tree save
area shall result in an immediate Stop Work Order, Notice of Violation,
and/or Citation for the responsible party.”
h. Location of ingress and egress points and access roads for vehicles and
construction equipment;
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 19
i. All proposed grading and the limits of disturbance; and,
j. Name and contact information of property owner and primary authorized
agent(s) responsible for tree canopy plan compliance.
26.5. Guidelines on calculating tree canopy coverage included in the Tree Conservation
Manual are incorporated herein by reference.
26.6. The tree canopy plan, tree 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.
26.7. The Administrator shall be responsible for reviewing all tree canopy plans and
shall decide whether the tree canopy plan is consistent with the requirements of
the tree ordinance. 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.
26.8. No tree damage or removal, or land disturbance shall take place on any lot in
connection with development activity without an approved tree canopy plan as
required by the Administrator showing how tree canopy cover requirements will
be met.
26.9. 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.
26.10. All tree protection, planting and maintenance activities shall be completed in
accordance with the standards set forth in the Tree Conservation Manual.
27. Tree Canopy Cover Requirements
27.1. Tree canopy cover shall be required on all properties in connection with
development activity as a condition of development.
27.2. The amount of tree canopy cover required on a lot as a condition of
development shall be the amount currently existing or the minimum amount set
forth in Table 1, whichever is less. Canopy coverage shall be met with existing
trees to remain on site or a combination of existing trees and newly planted
trees. Existing trees must make up at least one-third of the required canopy
coverage.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 20
Table 1. Minimum Tree Canopy Cover Required
Zoning District
Minimum Tree Canopy Cover Required
as a Percent of Total Lot Area
AG-1, CUP, MHP, NUP 57%
C-1, C-2 30%
CBS, CS 50%
H 30%
MIX, O-I 40%
R-1, R-2, R-2A 57%
R-3, R-3A, R-4, R-4A 50%
R5, R-5A, R-6 40%
Suburban A 50%
T2 57%
T3 40%
T4, T4-Open, T4P, T4R, TR 30%
T5, T5R, T6 10%
Residential lots less than 3 acres, if the
existing canopy is less than 57%
Existing
with a minimum of 25%
Residential lots 3 acres or greater 25%
27.3. In subdivision developments, tree canopy cover requirements shall apply to both
the entire development and to each lot within the development.
27.4. Trees shall be conserved for tree canopy cover credit in accordance with the
requirements that follow:
a. Trees shall be conserved to the greatest extent possible in priority areas to
meet tree canopy cover requirements.
b. Existing trees 2 inches DBH and greater, except for invasive species listed on
the tree species list or otherwise known to be invasive, may be eligible for
tree canopy cover credit if the trees meet the minimum quality standards as
established in the most current ANSI Z60.1 American Standard for Nursery
Stock.
c. Forested areas dominated by non-native, invasive, and/or exotic plant
species (kudzu, for example) shall not be eligible for tree canopy cover
credit. Trees conserved to meet tree canopy cover requirements shall be
actively protected during construction and passively protected at all times.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 21
d. 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.
e. Since the Structural Root Plate is the area of rapid tapering roots supporting
the vertical weight of the tree, any damage to the Structural Root Plate will
put the tree at high risk for failure and may require the tree to be removed
as determined by the Administrator.
27.5. 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.
28. Required Tree Locations
28.1. 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 within the first 60 feet of road frontage from an
exterior street shall be eligible for a bonus of 20 percent additional square
feet of tree canopy cover credit. Disturbance within the rural viewshed,
shall follow the requirements set forth in the Zoning Ordinance.
c. 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 Administrator if the design
meets the purpose and intent of the tree ordin ance.
28.2. Road Frontages
a. In all new developments, street trees shall be required along road frontages
on private property 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.
b. Street tree requirements may be met with either conserved or planted
trees.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 22
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 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
Administrator and Public Works Director.
28.3. Parking Lots
a. Parking lot landscaping shall conform to requirements in the Zoning
Ordinance and to the requirements set forth in the Tree Conservation
Manual. Where differences between the provisions exist, the more
restrictive provisions shall prevail.
b. Trees shall be evenly distributed throughout the parking lot to maximize
tree functions and benefits.
c. There shall be a minimum of one (1) very wide or wide canopy tree for every
sixth parking space. No parking space shall be greater than 60 feet from the
trunk of a tree.
d. Trees in the very narrow tree canopy size class shall not be eligible for tree
canopy cover credit in parking lots. 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.
e. All trees planted within parking areas or otherwise surrounded by pavement
shall have a minimum amount of open soil surface in accordance with the
standards set forth in the Tree Conservation Manual.
f. 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.
g. Light poles and trees shall not share parking lot landscape islands to
eliminate the need for severe pruning of tree crowns as they mature.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 23
h. 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.
28.4. Landscape Strips
a. Landscape strips shall be required as set forth in the Zoning Ordinance 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:
28.4.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.
28.4.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.
28.4.b.3. Clumping is permitted to create a more natural-looking landscape.
28.4.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.
28.4.b.5. All species within required landscape strips must be ecologically
compatible with the growing site.
28.4.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
adequate growing space does not exist for trees in the wide or very wide tree
canopy size classes.
28.4.b.7. No permanent structures shall be permitted within landscape strips,
including retaining walls, curbing, dumpsters, detention facilities, etc.
28.4.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.
28.4.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.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 24
28.4.b.10. Signs within required landscape strips shall be subject to the approval of
the Administrator and may only be located in areas of turf or groundcover
and shall not conflict with the growing space designated for trees and shrubs.
28.4.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.
28.4.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.
28.5. Buffers
a. Buffers required pursuant to the Zoning Ordinance 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 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
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 25
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.
29. Landscape Performance Bond
29.1. 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.
29.2. 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.
29.3. 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.
29.4. 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.
29.5. Upon the successful planting of all required trees and landscape plants by the
applicant, the landscape performance bond shall be returned.
30. Certificate of Occupancy and Final Plat Approval
30.1. 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,
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 26
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.
30.2. 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.
31. Alternative Compliance
31.1. 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.
31.2. 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.
31.3. 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.
31.4. 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.
31.5. The city shall maintain a list of registered tree bank sites, which may include
open space on city property or on developed, private property.
31.6. 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.
31.7. 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.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 27
31.8. 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 t ree bank site; and,
e. Commitment to maintain the property in the condition in which it was
found prior to the planting operation.
31.9. Trees planted in tree banks shall meet all the same requirements as for trees
planted on-site.
31.10. A tree planting and maintenance plan developed and submitted by the applicant
shall be required.
31.11. The applicant shall be responsible for the planting of trees off -site in a tree bank.
31.12. The registered tree bank owner shall be responsible for the required
maintenance and protection of tree bank trees.
31.13. 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.
31.14. The removal of trees within a tree bank shall require a tree removal permit.
31.15. 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
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.
31.16. 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.
32. Tree Canopy Fund
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 28
32.1. 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.
32.2. In addition to receiving payments for tree canopy cover requ irement deficit, the
tree canopy fund shall also receive as revenue:
a. Donations for tree program activities;
b. Fees collected for alternative compliance to the tree ordinance; and,
c. Fees for violations of the tree ordinance.
32.3. 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.
33. Timber Harvesting
33.1. For lots greater than 2 acres, a timber harvesting notification shall be required
and shall be submitted to the Administrator before any timber harvesting may
commence.
33.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber
harvesting will occur shall be required in all zoning districts.
33.3. The clearcutting of timber shall be allowed on AG-1 zoned land only.
33.4. Thinning shall be allowed in all zoning districts and land uses.
33.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be
required before timber harvesting may commence.
33.6. 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.
33.7. 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;
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted December 17, 2018 Page 29
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.
33.8. Stump removal or grading shall be prohibited as part of normal timber
harvesting operations that are not related to development.
33.9. Clearcutting, thinning or land disturbance shall not be allowed within state water
or wetland buffers.
33.10. Compliance with the soil erosion and sedimentation control ordinance is
required.
33.11. 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.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
Tree Conservation Manual
February 5, 2018
Revised May 15, 2020
Legal Review
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page i
TABLE OF CONTENTS
1. INTRODUCTION ....................................................................................................................... 1
2. TREE BENEFITS ......................................................................................................................... 1
3. TREE CANOPY COVER CALCULATION PROCEDURES ................................................................ 2
A. Assigning Tree Canopy Cover Credit .................................................................................... 2
B. Determining the Actual Tree Canopy Cover of Existing Trees ............................................. 2
C. Standard Canopy Cover Credit for Planted Trees ................................................................ 4
D. Calculating Tree Canopy Cover for a Site ............................................................................. 4
4. ARBORICULTURAL STANDARDS ............................................................................................... 5
A. Tree Protection Standards ................................................................................................... 5
Active Tree Protection .......................................................................................................................... 5
Prohibited Activities .............................................................................................................................. 5
Tree Protection Measures ..................................................................................................................... 6
Tree Protection Signs ............................................................................................................................ 6
Passive Tree Protection ......................................................................................................................... 7
B. Tree Establishment Standards ............................................................................................. 7
Tree Height Class ................................................................................................................................... 7
Tree Placement Standards .................................................................................................................... 8
Species Selection Standards .................................................................................................................. 9
Tree Size and Quality Standards ........................................................................................................... 9
Soil Preparation Standards .................................................................................................................. 10
Tree Planting Standards ...................................................................................................................... 11
C. New Tree Maintenance Standards .................................................................................... 11
D. Established Tree Maintenance Standards ......................................................................... 12
Tree Pruning Standards ....................................................................................................................... 12
Mulching Standards ............................................................................................................................ 13
Fertilization Standards ........................................................................................................................ 13
Tree Supplemental Support System Standards .................................................................................. 14
Lightning Protection System Standards .............................................................................................. 14
E. Tree Removal Standards .................................................................................................... 14
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page ii
Appendix A. Applicability and Exemptions Summary Charts ....................................................... A1
Appendix B. Approved Tree Species List ...................................................................................... B1
Appendix C. Standard Applications, Checklists, Forms and Worksheets ..................................... C1
Appendix D. Illustrations and Construction Details ..................................................................... D1
1. Calculating Actual Tree Canopy Cover ............................................................................... D2
2. Calculating Tree Canopy Cover Percent ............................................................................. D3
3. Critical Root Zone (Plan View)............................................................................................ D5
4. Tree Mulching Detail – Newly Planted Tree ...................................................................... D6
5. Tree Mulching Detail – Conserved Tree ............................................................................. D7
6. Tree Protection Zone Detail ............................................................................................... D8
7. Tree Protection Fencing Detail .......................................................................................... D9
8. Tree Protection Area Sign Detail ...................................................................................... D10
9. Tree Planting Detail .......................................................................................................... D11
10. Tree Staking Detail........................................................................................................... D12
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page 1
1. INTRODUCTION
This Tree Conservation Manual is a supplement to the City of Milton’s Tree Canopy Conservation
Ordinance and contains required administrative and arboricultural standards and procedures for
tree ordinance implementation and compliance.
The information in this tree conservation manual may be revised as necessary with the approval
of the director of the community development department (the administrator of the tree
ordinance) to reduce unintended outcomes and better meet the community forest vision and
goals, as well as, the purposes and intent of the tree ordinance.
The Community Forest Vision and Goals are as follows:
□ The City of Milton’s natural and extensive tree canopy provides significant benefits and
irreplaceable value to our quality of life.
□ The city is committed to managing its community forest to continually improve the
quantity and quality of its vital green infrastructure.
□ 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.
□ The city aims to measure average tree canopy cover across the city as needed, but not
to exceed a five year period between measurements, 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.
2. TREE BENEFITS
Trees provide significant and irreplaceable functions and benefits to the citizens of Milton, to
visitors to the city, and to businesses operating within the city. The purposes of the city’s Tree
Canopy Conservation Ordinance and this Tree Conservation Manual are to increase and optimize
the following functions and benefits of trees and tree canopy cover.
□ Trees produce oxygen and absorb carbon dioxide, thereby reducing air pollution and
improving air quality.
□ Trees filter out dust, particulate matter, and airborne pollutants, thereby improving air
quality.
□ Trees intercept precipitation, thereby reducing stormwater runoff and improving water
quality.
□ Trees and the community forest ecosystem provide habitat for desirable wildlife and
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page 2
provide food and shelter for birds which in turn assist in control of insects.
□ Trees reduce energy usage and air conditioning and heating costs by lowering air
temperatures, providing shade and windbreaks, and through evapotranspiration of
moisture from their leaves.
□ Trees buffer different land uses to eliminate or minimize nuisances such as dust, noise,
glare and signs, and provide privacy and screening of traffic, unsightly buildings and
parking areas.
□ Trees improve public health by reducing stress, encouraging exerci se, calming traffic,
decreasing illness recovery times, reducing crime and improving concentration.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page 3
□ Trees attract residents, visitors and commerce to communities and increase the value
and marketability of property.
□ Trees beautify the city and protect and enhance the quality of life.
3. TREE CANOPY COVER CALCULATION
PROCEDURES
A. Assigning Tree Canopy Cover Credit
Tree canopy cover credit is assigned to individual trees and groups of trees that are conserved
based on their actual canopy cover, and to trees planted to satisfy tree replacement and
minimum tree canopy cover requirements based on a standard tree canopy cover credit amount
for the species. The standard tree canopy cover credit for each species is based on the mature
tree canopy size class as listed in the tree species list and represents the minimum tree canopy
size (spread) that a tree would be expected to attain at maturity under urban conditions.
In cases where the actual tree canopy cover of a conserved tree is less than the standard tree
canopy cover credit for the species, then the standard credit will be given to the conserved tree
to provide an incentive to conserve younger and smaller trees.
B. Determining the Actual Tree Canopy Cover of Existing Trees
The amount of tree canopy cover assigned to an individually growing, existing tree with no
significant part (less than 10 percent) of its crown overlapping another tree’s crown shall be the
actual square feet of ground area within the tree’s dripline and within the property boundaries
in addition to the canopy overhanging the public right -of-way, or the standard tree canopy
cover credit for the species, whichever is greater.
The ground area covered by the canopy of an individually growing tree can be calculated as the
area of a circle with a radius equal to the average radius of the tree’s crown, as illustrated in
Appendix D and further described here. The radius is the distance from the center of a circle
(tree trunk) to the outer edge of the circle (dripline), and is one-half the distance of the diameter,
which is measured from dripline-to-dripline through the center.
To determine the average radius of a tree’s crown, first measure the diameter of the tree’s crown
dripline-to-dripline in two (2) perpendicular directions, centered on the tree trunk. Measure the
widest dripline-to-dripline diameter first, and then measure the diameter in the perpendicular
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direction. Add these two measurements and divide by 2 to get the average diameter. Divide by
2 again to get the average radius.
Use Table A to determine the canopy area of the tree in square feet, which has been calculated
using the average radius in feet and the standard formula for calculating the area of a circle.
Table A. Canopy Area of Individually Growing Trees by Average Radius
AVG RADIUS
(feet)
CANOPY AREA
(square feet)
AVG RADIUS
(feet)
CANOPY AREA
(square feet)
AVG RADIUS
(feet)
CANOPY AREA
(square feet)
1 3 21 1,385 41 5,278
2 13 22 1,520 42 5,539
3 28 23 1,661 43 5,806
4 50 24 1,809 44 6,079
5 79 25 1,963 45 6,359
6 113 26 2,123 46 6,644
7 154 27 2,289 47 6,936
8 201 28 2,462 48 7,235
9 254 29 2,641 49 7,539
10 314 30 2,826 50 7,850
11 380 31 3,018 51 8,167
12 452 32 3,215 52 8,491
13 531 33 3,419 53 8,820
14 615 34 3,630 54 9,156
15 707 35 3,847 55 9,499
16 804 36 4,069 56 9,847
17 907 37 4,299 57 10,202
18 1,017 38 4,534 58 10,563
19 1,134 39 4,776 59 10,930
20 1,256 40 5,024 60 11,304
For forested areas and groups of existing trees with overlapping crowns, the amount of tree
canopy cover assigned to the group shall be the actual square feet of ground area within the
outer perimeter of the combined driplines of all trees within the group.
This area can be measured using one of the following methods:
□ On the ground by a surveyor, the city arborist, a certified arborist or other qualified
individual; or,
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□ Online using the most current aerial photography and an area measuring tool, either on
the Fulton County geographic information system or another such geographic
information system.
The amount of tree canopy cover credited to a required rural viewshed shall be as described for
a forested area.
C. Standard Canopy Cover Credit for Planted Trees
For planted trees, the amount of tree canopy cover credited to each newly planted tree has been
standardized based on the typical crown spread (crown diameter) range of the species at
maturity under urban conditions, as listed in Table B, and in the tree species list in the columns
titled “Tree Canopy Size Class” and “Standard Tree Canopy Cover Credit”.
Table B. Standard Tree Canopy Cover Credit by Mature Tree Size
Mature Tree Canopy Size Class
Standard Tree Canopy Cover Credit
(square feet)
Very Wide (> 35-foot spread) 1,600
Wide (25- to 35-foot spread) 900
Narrow (15- to 25-foot spread) 400
Very Narrow (< 15-foot spread) 150
D. Calculating Tree Canopy Cover for a Site
The percent tree canopy cover of a site or lot shall be the total tree canopy cover within the
boundaries of the site or lot in square feet divided by the total site or lot area in square feet and
multiplied by 100 to get percent tree canopy cover. An illustration of calculating tree canopy
cover for a sample site is located in Appendix D.
Examples of Tree Canopy Cover Calculations
A 10,000-square foot lot with a total of 5,000 square feet of tree canopy would have 50% tree
canopy cover (5,000/10,000 = .50, x 100 = 50%).
A 20,000-square foot lot with a total of 8,000 square feet of tree canopy would have 40 percent
tree canopy cover (8,000/20,000 = .40, x 100 = 40%).
A 1-acre lot (43,560 square feet) covered with a total of 28,000 square feet of tree canopy
would have 64 percent tree canopy cover (28,000/43,560 = .64, x 100 = 64%).
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4. ARBORICULTURAL STANDARDS
All tree care operations regulated by the tree ordinance, including tree protection, tree
establishment, new tree maintenance, established tree maintenance and tree removal shall be
completed in accordance with:
□ The technical standards set forth in the tree ordinance and tree conservation manual;
□ The most current ANSI A300 Standards for Tree Care Operations and Z133.1 Safety
Standards and ISA best management practices available from the International Society
of Arboriculture (www.isa-arbor.com); and,
□ Z60.1 Standard for Nursery Stock available from AmericanHort at
www.americanhort.org.
A copy of the most current ANSI A300 Standards for Tree Care Operations, Z133.1 Safety
Standards, ISA best management practices, and Z60.1 Standard for Nursery Stock are available
for review at the community development department.
In addition, illustrations and construction details for some of the tree care activities described in
these standards are included in Appendix D.
A. Tree Protection Standards
Active Tree Protection
Active tree protection shall include the avoidance of harmful and prohibited activities within the
tree protection zone and the installation of tree protection measures, including physical barriers
to delineate and identify the tree protection zone or protect the tree trunk.
Prohibited Activities
Within the tree protection zone, the following activities and conditions, and any other activities
and conditions harmful to a tree’s roots, trunk or crown, sh all be prohibited:
□ Vehicle or equipment traffic, parking, or storage;
□ Materials or supplies storage;
□ Placement of temporary or permanent structures;
□ Equipment maintenance or washout;
□ Wounding of trunk;
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□ Wounding or breakage of scaffold limbs or branches larger than 3 inches in diameter;
□ Topping or other improper pruning, such as stub cuts or flush cuts; and,
□ Fires or excessive heat from equipment exhaust pipes.
□ Site or lot clearing or grubbing;
□ Soil excavation, cuts, fill, grading, trenching or tilling;
□ Edging around mulch and landscape beds;
□ Soil compaction;
□ Top dressing with soil greater than 2 inches in depth; and,
□ Paving.
With city arborist approval, some prohibited activities may take place on one side of the tree in
the outer one-half of the critical root zone, but in no case closer than 3 feet to the trunk of a
planted tree and 10 feet to the trunk of a conserved tree.
Tree Protection Measures
Orange polyethylene barrier fencing shall be installed prior to any land devel opment or land
disturbance activity around each individual conserved tree, tree group or forested area at the
location of the critical root zone and shall remain in place until construction activities have been
completed. Tree protection fencing shall be installed in accordance with the construction details
provided herein.
When equipment movement is such that damage to tree trunks may be possible, then tree trunks
shall be wrapped vertically with a single layer of 2-inch by 4-inch lumber spaced a maximum of
12 inches apart, and covered with corrugated cardboard secured with strapping; the wrapping
shall remain on the tree throughout the period of potential damage.
Low hanging limbs that may be damaged by equipment traffic or other construction acti vities
shall be pruned prior to the commencement of any land development or land disturbance activity
in accordance with the pruning standards set forth herein.
Forested areas designated as tree save 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 tree save limits of the forested area. No tree maintenance shall be
required in forested areas, except for that necessary to maintain a healthy stand of trees.
Tree Protection Signs
Prior to any land development or land disturbance activity and after tree protection fencing is
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installed, tree protection area signs shall be installed.
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Signs shall be installed along the perimeter of all tree protection zones at least every 50 feet and
shall include, at a minimum, the following text: “Tree Protection Area, Entry Prohibited, No
Construction Activity, Materials or Equipment Storage, Equipment Washout, or Vehicle Traffic
Allowed”.
The sign shall be fabricated out of a sturdy material, shall be at least 18 inches wide by 24 inches
high, and shall be placed on a sturdy post with the bottom of the sign at a minimum height of 30
inches above the ground. The signs must remain present at all times during construction.
Passive Tree Protection
Passive tree protection shall be required throughout the life of a specimen or heritage tree and
shall require, at a minimum, the avoidance of all prohibited activities described herein within the
tree protection zone. In addition, no person shall fasten or attach to any specimen or heritage
tree any:
□ Sign, poster, bill, notice or advertisement of any kind;
□ Nails, boards, wire, strap, rope, chain or other such material that could damage the
tree’s bark or girdle the trunk or scaffold limbs; or,
□ Materials or structures that impede the normal growth or biological processes of the
tree.
No brine, oil, gasoline, paint or concrete washout, herbicides or other substances deleterious to
tree health and survival shall be permitted to lie, leak, pour, flow or drip on or into the soil within
the critical root zone of a specimen or heritage tree.
B. Tree Establishment Standards
Trees planted to satisfy tree replacement and minimum tree canopy cover requirements shall be
established in accordance with the standards set forth herein.
Tree establishment involves a series of steps that includes selecting the proper place for a tree,
species selection, selecting an appropriately sized tree and a good quality tree, soil preparation,
tree planting, and new tree maintenance.
Tree Height Class
The tree species list also includes the mature tree height class for each species in addition to the
mature tree canopy size class and standard tree canopy cover credit. The height and canopy size
classes affect where trees can be placed for trees to receive tree canopy cover credit. Table C
shows the mature height range by class of trees growing under urban conditions.
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Table C. Mature Height Range of Trees by Height Class
Mature Height Class Average Height Range
Large Greater than 50 feet
Medium 25 feet to 50 feet
Small 15 to 25 feet
Tree Placement Standards
Trees planted to satisfy the requirements of this tree ordinance shall be placed such that they
have adequate space to grow unobstructed to maturity. Minimum distances, at the time of
planting as measured from the tree trunk to structures and infrastructure, shall be required as
listed in Table D.
Table D. Tree Placement and Growing Space Standards
Tree Spacing Minimum Distance
Large height and very wide canopy trees 40 feet*
Medium height and wide canopy trees 30 feet*
Small height and narrow canopy trees 20 feet*
Very narrow canopy trees 15 feet*
*trees may be clumped or spaced closer with approval of the city arborist
Structure and Infrastructure Clearance Minimum Distance
Fire hydrants, gas and water meters, utility
poles, mail boxes, similar structures
15 feet
Underground utility lines 10 feet
Overhead utility lines
0 feet for small height trees
20 feet for medium height trees
40 feet for large height trees
Buildings
15 feet for very narrow and narrow trees
25 feet for wide trees
35 feet for very wide trees
Driveways and walkways 15 feet all trees
Street intersections 35 feet all trees
Growing Space Requirements Minimum Distance, Area, Volume
Minimum tree lawn width (between sidewalk
and curb)
5 feet all trees
Minimum width of landscape island in parking
lots
8 feet all trees
Open Soil Surface Area Per Tree (and soil
volume to a depth of 24 inches)
100 sq ft for small height trees (200 cubic
feet)
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Table D. Tree Placement and Growing Space Standards
Tree Spacing Minimum Distance
225 sq ft for medium height trees (450
cubic feet)
400 sq ft for large height trees (800 cubic
feet)
In addition, the following standards shall apply:
□ Tree trunks shall not be planted directly over property boundary lines or corners;
□ In no case, shall a planting site be less than 5 feet wide in any one direction at the soil
surface; and,
□ No trees shall be planted on public or private property within the limits of, or which will
interfere with, any drainage, sewer, water or utility easement, unless otherwise allowed
herein.
Species Selection Standards
Species planted to satisfy the requirements of this tree ordinance shall be selected from the tree
species list and shall conform to the following standards:
□ Species shall be selected that are tolerant of the growing conditions existing on the site,
including the available above- and below-ground growing space, sunlight, soil moisture,
temperature, and soil volume;
□ No more than 30 percent of any one genus (maple, oak, elm, etc.) shall be planted on a
lot or within a development;
□ When adequate growing space exists, at least 75 percent of the trees planted for tree
canopy cover credit shall be very wide or wide canopy trees;
□ Where obstructions to growth exist for very wide canopy trees, wide canopy trees shall
be planted; and,
□ Where obstructions to growth exist for wide canopy trees, narrow or very narrow
canopy trees may be planted for tree canopy cover credit.
Tree Size and Quality Standards
Trees planted to satisfy the requirements of this chapter shall meet minimum quality standar ds
as established in the most current ANSI Z60.1 American Standard for Nursery Stock.
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In addition, trees shall conform to the following standards:
□ Trees shall be a minimum of 2-inch caliper for deciduous trees, a minimum of 8 feet in
height for evergreen trees (except 5 feet in height for buffer plantings), and a minimum
of 1-inch caliper per trunk for multi-trunked trees at the time of planting, unless larger
caliper trees are required by the tree ordinance;
□ Replacement trees for specimen and heritage trees shall be a minimum of 4-inch caliper
for deciduous trees;
□ Trees may be container grown or balled and burlapped;
□ Trees shall be free from stem encircling or girdling roots;
□ Trees shall be free from co-dominant stems and included bark;
□ Trees shall be free of stem and branch wounds, broken branches or leaders, significant
leans, insect and disease pests, mistletoe, and other harmful conditions that may
threaten the tree’s survival, health, and potential to grow to maturity; and,
□ Trees shall not require staking to stand upright under normal environmental conditions.
Soil Preparation Standards
Planting sites shall consist of an adequate volume of quality soil in which a tree can readily survive
and thrive. The soil around a planted tree shall meet the following standards:
□ The minimum open soil surface area and volume of soil shall be as listed in Table D;
□ The soil within the open soil surface area shall be well aerated to a depth of 8 inches,
except that in tree planting islands surrounded by pavement it shall be well aerated to a
depth of 18 inches;
□ The soil shall contain at least 5 percent organic matter;
□ Soil pH shall be within a range of 5.8 to 7.0;
□ An approved structural soil mix containing 80 percent rock aggregate, 15 percent
mineral soil, and a sticking agent may be used within parking lots and other paved areas
and within and adjacent to tree islands to increase the rooting volume available to trees,
in which case the open soil surface area may be reduced by 30 percent; and,
□ Permeable or porous pavements or suspended pavement systems may be used within a
parking lot or other paved area adjacent to tree islands, in which case the open soil
surface area required may be reduced by up to 50 percent.
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Tree Planting Standards
The following standards shall apply to the planting of container grown or balled and burlapped
trees:
□ Trees shall be installed during the planting season, unless otherwise approved by the
administrator;
□ In undisturbed soils and prepared soils, the planting hole shall be at least two (2) times
as wide and no deeper than the root ball of the tree, with sides sloping inward from the
top, and with firm soil on the bottom and conform to the planting detail in Appendix D;
□ In compacted soils, the planting hole shall be at least three (3) times as wide and no
deeper than the root ball of the tree, with sides sloping inward from the top, and with
firm soil on the bottom;
□ The tree shall be planted no deeper than it was growing in the containe r or field and the
trunk flare shall be visible above the ground;
□ All strapping, webbing, twine, strings and other such material shall be removed from the
root ball prior to filling in the hole with soil;
□ The burlap and wire basket, if they cannot be removed completely without damaging
the root ball, shall be removed to a depth of at least 12 inches and to a greater depth if
possible;
□ In no case shall any burlap be located above the soil surface; and,
□ Trees shall not be staked unless they are leafed ou t and planted in sandy or very well-
aerated soils in which shifting of the root ball might occur; when staking must occur, it
shall conform to the staking detail in Appendix D.
C. New Tree Maintenance Standards
For newly planted container grown or balled and burlapped trees that are planted to satisfy the
requirements of the tree ordinance, the applicant or his/her authorized agent(s) shall comply
with the following maintenance standards during the establishment period:
□ Trees shall be mulched immediately after planting in accordance with the mulching
standards set forth herein;
□ When natural rainfall is less than 1 inch per week during the growing season, trees shall
be provided with the equivalent of 1 inch of water per week within the open soil surface
area;
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□ Trees shall not be fertilized;
□ Trees shall be pruned immediately before or after planting to remove dead, broken,
diseased, dying or rubbing branches only;
□ After the first growing season, tree pruning shall be done as necessary to remove dead
branches, train tree structure and maintain clearance over walkways, streets and
vehicles in accordance with the tree pruning standards set forth herein; and,
□ Tree staking materials shall be removed no later than 1 year after planting.
D. Established Tree Maintenance Standards
Required tree maintenance may include pruning, mulching, or removal as set forth in the tree
ordinance or as required by the city arborist as a condition of permit approval or remediation.
Optional tree maintenance includes fertilization, cabling and bracing (supplemental support
systems), and lightning protection.
For protected trees, required maintenance shall be done in accordance with ANSI standards and
ISA best management practices, and the additional standards set forth herein.
Tree Pruning Standards
When tree pruning is required by the tree ordinance, trees shall be pruned in accordance with
ANSI standards and ISA best management practices and the standards that follow.
□ Tree owners and their agents are encouraged to hire businesses that employ a certified
arborist who can supervise the pruning work on site and ensure that pruning is being
done properly.
□ Pruning activities shall not disturb nesting, rare, or endangered wildlife and shall not
resume or commence until the wildlife has vacated the tree for the season, unless the
tree poses an immediate threat to public health and safety, in which case the Georgia
Department of Natural Resources shall be contacted to relocate the wildlife prior to
pruning;
□ Co-dominant stems less than 4 inches in diameter at the fork shall be pruned off and
one main stem shall remain;
□ Pruning cuts that leave stubs, flush cuts that encroach on the branch collar, or the
tearing of bark are not permitted;
□ Pruning shall be done such that a tree’s natural form is maintained to the greatest
extent possible; and,
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□ Tree topping or heading back is not permitted.
Reasons for which specimen and heritage tree pruning is not permitted unless approved by the
city arborist include, but are not limited to:
□ Sign installation, clearance, or visibility; excluding traffic, direction, warning or
informational signs owned by any public or semi-public agency; and,
□ Clearance for temporary or permanent equipment traffic or storage, the erection of
temporary structures, or materials storage within the tree protection zone.
Mulching Standards
Individual planted trees, individual conserved trees, and groups of four (4) or less conserved trees
shall be mulched in accordance with the following standards;
□ Mulch shall be composed of organic materials that may include, but are not limited to,
pine straw, leaves, wood chips aged at least 3 months, compost, and pine bark;
□ Grass clippings, plastic sheeting, and rocks or gravel shall not be used as mulch and shall
not be applied within the critical root zone;
□ Conserved and planted trees shall be mulched to the outer edges of the critical root
zone or to the greatest extent possible, except that no mulch ring shall have a radius of
less than 3 feet.
□ Mulch shall be 3 to 4 inches in depth, and shall be spread in an even layer throughout
the critical root zone.
□ Mulch is not allowed closer than 6 inches to the trunk of a planted tree and 12 inches to
the trunk of a conserved tree.
□ Mulch should be inspected annually for proper depth and re -applied if necessary,
preferably in the late winter or early spring.
□ For conserved groups of more than 4 trees, for forested areas and for forested buffers
the addition of mulch is not required; however, the ground surface and natural leaf
litter within these areas shall remain present and undisturbed;
Fertilization Standards
Fertilization is optional for protected trees. However, if protected trees are fertilized, it is
recommended that they be fertilized in accordance with recommendations associated with a
recent soil test and ANSI A300 standards.
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Tree Supplemental Support System Standards
The installation of supplement support in a protected tree is optional, but may be advisable to
mitigate the risk of partial tree failure. Any tree support systems placed in a specimen or heritage
tree shall be designed, installed, and maintained in accordance with ANSI A300 standards.
Lightning Protection System Standards
The installation of a lightning protection system in a protected tree is optional, but may be
advisable for specimen or heritage trees to reduce the damage that can occur as a result of a
lightning strike. Any lightning protection systems placed in a specimen or heritage tree shall be
designed, installed and maintained by a certified arborist in accordance with the ANSI A300
standards.
E. Tree Removal Standards
It is recommended that all tree removal operations be done in accordance with ANSI standar ds,
including safety standards and ISA best management practices.
In addition, tree removal should not disturb nesting, rare or endangered wildlife including any
birds subject to The Migratory Bird Act, and tree removal should be delayed until the nesting
wildlife is safely removed or has voluntarily vacated the tree, unless the tree poses an immediate
threat to public health and safety, in which case the Georgia Department of Natural Resources
shall be contacted to relocate the wildlife prior to removal. The Georgia Department of Natural
Resources should be contacted in every case involving the removal of any bird species.
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Appendix A. Applicability and Exemptions
Summary Charts
Section 5.
APPLICABILITY AND
EXEMPTIONS
SUMMARY
5.1. APPLICABILITY
5.1.a. All real property.
5.1.b. Any activity that requires a land disturbance
permit, building permit, demolition permit, right-of-
way encroachment permit or tree removal permit.
5.1.c. Any activity that requires a certificate of
occupancy, minor plat approval, certificate of
conceptual plan approval, or final plat approval.
5.1.d. All protected trees.
5.2. EXEMPTIONS
5.2.a. Removal of trees posing an imminent threat or
under emergency conditions.
5.2.b. Commercial tree nursery and tree farm
operations.
5.2.c. Ongoing forest management practices, including
timber harvesting, with exceptions.
5.2.d. Trees removed by municipal, county, state or
federal authorities pursuant to law.
5.2.e. Trees removed by utility companies, except that
all removal and pruning shall be done in accordance
with the arboricultural standards in the tree
conservation manual.
A chart with applicability and exemption details follows.
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Appendix B. Approved Tree Species List
Trees planted to satisfy minimum tree canopy cover and tree replacement requirements of the
tree ordinance must be selected from the City of Milton Tree Species List.
The tree species list follows and includes:
□ The species that are approved for tree canopy cover credit;
□ The species that may not receive tree canopy cover credit due to their poor quality—
including brittle or weak wood, invasive nature, insect or disease susceptibility, large
thorns, noxious fruiting habit, excessive litter or lack of suitabi lity to the region;
□ The mature height class for each species;
□ The tree canopy size class for each species;
□ The standard square feet of tree canopy cover credit for the species;
□ Whether the species is native to the Piedmont region of Georgia;
□ Whether the species is considered drought tolerant; and,
□ The locations where tree species are approved for planting.
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Appendix C. Standard Applications, Checklists,
Forms and Worksheets
1. Heritage Tree Nomination Form
2. Tree Removal Permit Application
3. Tree Canopy Plan Checklist
4. Timber Harvesting Notification Form
5. Tree Bank Registration Application
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Appendix D. Illustrations and Construction Details
Construction details for the critical root zone, newly planted tree and conserved tree mulching,
tree protection zone, tree protection fencing, the tree protection area sign, tree planting and
tree staking must be included on the tree canopy plan. Electronic files of the construction details
in PDF and JPEG formats are available from the community development department.
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FORMULA FOR CALCULATING
THE AREA OF A CIRCLE (A)
A = *R2
Area = 3.14 * (R * R)
1. Calculating Actual Tree Canopy Cover
DETERMINING THE AVERAGE RADIUS
and ACTUAL TREE CANOPY COVER
1) Measure the greatest crown diameter (d1) in feet.
2) Measure the crown diameter in a perpendicular direction
(d2) in feet.
3) Add d1 and d2; divide by 2 to get the average diameter (D).
4) Divide the average diameter (D) by 2 to get the average
radius (R) in feet.
5) Square the average radius (R2) and multiply by 3.14 (, a
constant), to get the area of the crown, or a circle, in feet.
EXAMPLE
1) The length of d1 is 70 feet. d1
2) The length of d2 is 50 feet.
3) The total of d1 and d2 is
120 feet, which divided by d2
2 is 60 feet, the average
diameter (D).
4) The average radius is half
the average diameter--60
divided by 2, which is 30
feet.
5) Square the average radius,
30 feet, which is 900
square feet and then
multiply by 3.14 to get the
actual tree canopy cover of
the tree in this example--
2,826 square feet.
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TREE CANOPY COVER PERCENT
Tree canopy cover percent is
calculated by dividing the total square
foot area covered by tree canopies
within the property boundaries and
overhanging the public right-of-way
by the total area of the property.
To calculate the tree canopy cover
percent that is planned for a lot, add
the tree canopy cover of trees to be
conserved to the tree canopy cover
credit given to trees to be planted,
and divide the result by the total area
of the lot and multiply by 100.
EXAMPLE A: Tree Canopy Cover on a
Developed Site
The developed lot in the example to
the right is 150 feet wide by 290.6
feet deep, an area of 43,560 square
feet (1 acre).
The tree canopy cover on this lot
totals 27,000 square feet (13,500 +
4,000+6,500+3,000).
The total tree canopy cover of 27,000
square feet is divided by 43,560
square feet and multiplied by 100 to
get a percent, resulting in a tree
canopy cover of 62% for the lot.
See the next page for an example of
calculating tree canopy cover for a site
to be developed.
2. Calculating Tree Canopy Cover Percent
Property
Boundaries
Forested area with
13,500 sq ft of tree
canopy cover
within property
boundaries
Individual tree
with 4,000 sq ft of
tree canopy cover
Public right-of-way
Tree group with a
combined tree canopy
cover of 6,500 sq ft within
property boundaries and
overhanging the public
right of way
Individual tree
with 3,000 sq ft of
tree canopy cover
within property
boundaries
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D4
TREE CONSERVATION
All trees outside of the improved area
are to be conserved on an
undeveloped lot. Replacement is
required for the removal of specimen
trees (120% canopy removed) and
heritage trees (140% canopy removed)
within the improved area.
Trees are required in rural viewsheds,
buffers and road frontages, as well as
in other priority areas. If trees don’t
exist in these areas, then new trees
must be planted.
EACH SITE IS DIFFERENT, AND MAY
HAVE DIFFERENT TREE
REQUIREMENTS RESULTING IN
DIFFERENT COMBINATIONS AND
ARRANGEMENTS OF CONSERVED AND
PLANTED TREES
EXAMPLE B: Tree Canopy Cover on an
Undeveloped Lot
The undeveloped lot in the example to
the right is 150 feet wide by 290.6 feet
deep, an area of 43,560 square feet (1
acre). If 60% tree canopy cover is
required, that is equal to 26,136
square feet.
All trees outside of the improved area
must be conserved, and street trees
are required.
The total tree canopy cover on this lot
at the completion of development will
be 15,000 + 3,200 + 320 + 1,600 +
6,400 = 26,520 sq ft.
26,520 sq ft divided by 43,560 sq ft
equals 61%.
Specimen tree
with 3,200 sq ft
actual cover,
with 10% bonus
of 320 sq ft
Forested area with
15,000 sq ft to be
conserved
Public right-of-way
4 street trees to be planted, very
wide canopy, 1,600 sq ft each (6,400
sq ft total)
Very wide maturing tree with 750 sq
ft actual tree canopy, but is given the
1,600 sq ft standard credit
Improved Area
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D5
3. Critical Root Zone (Plan View)
EXAMPLE A
Dripline is located farther out
from the trunk than 1.5 feet
for every 1-inch DBH, so
therefore the dripline is the
location of CRZ.
Dripline follows the greatest
extent of the branches
(crown) around the tree.
The location of
the tree trunk
Edge of the
dripline, forms a
circle, more or less,
on the ground.
This dripline
delineates the
Critical Root Zone.
Radius of 1.5 feet for
every 1-inch DBH, smaller
than the dripline.
and the perimeter
of the CRITICAL
ROOT ZONE (CRZ)
must be
delineated on
tree plans.
Critical Root Zone
EXAMPLE B
CRZ is located out from the
trunk a distance of 1.5 feet
for every 1-inch DBH
because it is farther out
than the dripline.
Radius of 1.5 feet for
every 1-inch DBH, larger
than the dripline.
Dripline follows the greatest
extent of the branches
(crown) around the tree.
Edge of the
dripline, forms
a circle, more
or less, on the
ground, and in
this example,
does not
delineate the
Critical Root
Zone.
Critical Root Zone
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D6
APPLICATION
Spread in an even
layer 3 to 4 inches
deep within the
critical root zone
(1.5 feet for every
1-inch DBH) and at
least 3 feet out for
a newly planted
tree, whichever is
farther.
Keep mulch 6
inches from the
trunk of a newly
planted tree and
12 inches from the
trunk of a
conserved tree.
MAINTENANCE
inspect annually for
proper depth and
reapply if necessary
in late winter or
early spring
DBH = trunk diameter
measured at 4.5 feet
above the ground
Keep 6 inches
from the trunk
At least 3 feet
4. Tree Mulching Detail - Newly Planted Tree
APPROVED
MATERIALS
pine straw
leaves
aged wood chips
compost
pine bark
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D7
APPROVED
MATERIALS
pine straw
leaves
aged wood chips
compost
pine bark
Dripline
DBH = trunk diameter
measured at 4.5 feet
above the ground
MAINTENANCE
inspect annually for
proper depth and
reapply if necessary
in late winter or
early spring
Critical Root Zone
1.5 feet for every 1-inch DBH
Keep mulch 12
inches from the
base of the trunk
5. Tree Mulching Detail - Conserved Tree
APPLICATION
Spread in an even
layer 3 to 4 inches
deep within the
critical root zone
(1.5 feet for every
1-inch DBH) and at
least 3 feet out for
a newly planted
tree, whichever is
farther; keep
mulch 6 inches
from the trunk of
a newly planted
tree and 12 inches
from the trunk of
a conserved tree.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D8
The tree protection zone includes the critical root zone, tree trunk,
and entire tree crown (scaffold limbs, branches and leaves).
Tree
Protection
Zone
Ground Line
and 24 inches deep in
the soil below the
ground line.
Critical root zone
extends out 1.5 feet
for every 1-inch DBH,
Dripline Dripline
6. Tree Protection Zone Detail
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D9
DRIPLINE
The line extending
from the outermost
branches to the
ground, forming a
more or less circular
area on the ground.
Dripline
DBH = trunk diameter
measured at 4.5 feet
above the ground Edge of critical
root zone
TREE
PROTECTION
AREA
ENTRY PROHIBITED
TREE
PROTECTION
AREA
ENTRY PROHIBITED
No Construction No Construction
Activity, Materials or Activity, Materials or
Equipment Storage, Equipment Storage,
Equipment Washout, Equipment Washout,
or Vehicle Traffic or Vehicle Traffic
Allowed Allowed
Orange barrier fencing erected on sturdy posts at the dripline or edge of the critical root zone
(distance of 1.5 feet for every 1-inch DBH), whichever is larger.
Tree protection area signs must be installed every 50 feet around the perimeter of the tree
protection fence.
7. Tree Protection Fencing Detail
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
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January 8, 2018 Page D10
8. Tree Protection Area Sign Detail
TREE
PROTECTION
AREA
ENTRY PROHIBITED
NO Construction Activity,
Materials or Equipment
Storage, Equipment Washout
or
Vehicle Traffic Allowed
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
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January 8, 2018 Page D11
9. Tree Planting Detail
THE PLANTING HOLE
The planting hole
should be dug 2 times
the width of the root
ball, and up to 5 times
in compacted soils.
Dig the hole no deeper
than the depth of the
root ball; soil beneath
the root ball should
remain firm and
undisturbed.
Sides of the planting
hole should be rough
and sloped outward.
Add no soil
amendments.
Backfill around the
root ball with the
same soil that was
removed.
Do not fertilize until
the 2nd growing
season, and only if a
soil test shows a
deficiency.
SOIL LEVEL
Soil level should
be at grade,
with no water
ring formed
around the
planting hole.
STAKING
Do not stake the tree
unless it is leafed out
at time of planting or
is being planted in
sandy soils.
REMOVE STAKING
AFTER 1 YEAR
ROOT DEPTH
The first order roots should be no more
than 2 inches below the soil line. Too much
soil on top of the root ball will eventually
result in girdling roots and tree decline.
Minimum 2X the width of the root ball, and up
to 5X in compacted soils.
REMOVE BURLAP,
STRAPS AND WIRE
BASKET
Remove all straps,
twine, burlap, and wire
basket before
backfilling with soil.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D12
INSTALLATION
Install 3 sturdy
posts around the
tree at the CRZ.
Install soft-tie
straps horizontally
looping around
the post and the
tree trunk, leaving
some slack to
allow the tree to
bend slightly in all
directions.
REMOVE
STAKING
AND
STRAPS
AFTER
1 YEAR
RECOMMENDED
MATERIALS
Sturdy metal or wood
posts, 4 feet tall, and
soft-tie straps and
loops
10. Tree Staking Detail
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
Tree Conservation Manual
Revised May 15, 2020
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page ii
TABLE OF CONTENTS
1. INTRODUCTION .............................................................................................................................. 1
2. TREE BENEFITS ................................................................................................................................ 1
3. TREE CANOPY COVER CALCULATION PROCEDURES ............................................................................ 3
A. Assigning Tree Canopy Cover Credit ............................................................................................... 3
B. Determining the Actual Tree Canopy Cover of Existing Trees ............................................................. 3
C. Standard Canopy Cover Credit for Planted Trees .............................................................................. 5
D. Calculating Tree Canopy Cover for a Site ......................................................................................... 5
4. ARBORICULTURAL STANDARDS ......................................................................................................... 6
A. Tree Protection Standards ............................................................................................................. 6
Active Tree Protection ............................................................................................................................... 6
Prohibited Activities ................................................................................................................................... 6
Tree Protection Measures ......................................................................................................................... 7
Tree Protection Signs ................................................................................................................................. 7
Passive Tree Protection .............................................................................................................................. 8
B. Tree Establishment Standards ........................................................................................................ 8
Tree Height Class ........................................................................................................................................ 8
Tree Placement Standards ......................................................................................................................... 9
Species Selection Standards ..................................................................................................................... 10
Tree Size and Quality Standards .............................................................................................................. 10
Soil Preparation Standards....................................................................................................................... 11
Tree Planting Standards ........................................................................................................................... 12
C. New Tree Maintenance Standards ............................................................................................... 12
D. Established Tree Maintenance Standards ...................................................................................... 13
Tree Pruning Standards ............................................................................................................................ 13
Mulching Standards ................................................................................................................................. 14
Fertilization Standards ............................................................................................................................. 14
Tree Supplemental Support System Standards ....................................................................................... 15
Lightning Protection System Standards ................................................................................................... 15
E. Tree Removal Standards .............................................................................................................. 15
Appendix A. Applicability and Exemptions Summary Charts ..................................................................... 16
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page iii
Appendix A. Applicability and Exemptions Summary Charts ....................................................... A1
Appendix B. Approved Tree Species List ...................................................................................... B1
Appendix C. Standard Applications, Checklists, Forms and Worksheets ..................................... C1
Appendix D. Illustrations and Construction Details ..................................................................... D1
1. Calculating Actual Tree Canopy Cover ............................................................................... D2
2. Calculating Tree Canopy Cover Percent ............................................................................. D3
3. Critical Root Zone (Plan View)............................................................................................ D5
4. Tree Mulching Detail – Newly Planted Tree ...................................................................... D6
5. Tree Mulching Detail – Conserved Tree ............................................................................. D7
6. Tree Protection Zone Detail ............................................................................................... D8
7. Tree Protection Fencing Detail .......................................................................................... D9
8. Tree Protection Area Sign Detail ...................................................................................... D10
9. Tree Planting Detail .......................................................................................................... D11
10. Tree Staking Detail........................................................................................................... D12
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page 1
1. INTRODUCTION
This Tree Conservation Manual is a supplement to the City of Milton’s Tree Canopy Conservation
Ordinance and contains required administrative and arboricultural standards and procedures for
tree ordinance implementation and compliance.
The information in this tree conservation manual may be revised as necessary with the approval
of the director of the community development department (the administrator of the tree
ordinance) to reduce unintended outcomes and better meet the community forest vision and
goals, as well as, the purpose and intent of the tree ordinance. The Community Forest Vision
and Goals are as follows:
□ The City of Milton’s natural and extensive tree canopy provides significant benefits and
irreplaceable value to our quality of life.
□ The city is committed to managing its community forest to continually improve the
quantity and quality of its vital green infrastructure.
□ 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.
□ The city aims to measure average tree canopy cover across the city as needed, but not
to exceed a five year period between measurements, 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.
2. TREE BENEFITS
Trees provide significant and irreplaceable functions and benefits to the citizens of Milton, to
visitors to the city, and to businesses operating within the city. The purposes of the city’s Tree
Canopy Conservation Ordinance and this Tree Conservation Manual are to increase and optimize
the following functions and benefits of trees and tree canopy cover.
□ Trees produce oxygen and absorb carbon dioxide, thereby reducing air pollution and
improving air quality.
□ Trees filter out dust, particulate matter, and airborne pollutants, thereby improving air
quality.
□ Trees intercept precipitation, thereby reducing stormwater runoff and improving water
quality.
□ Trees and the community forest ecosystem provide habitat for desirable wildlife and
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
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February 5, 2018 Page 2
provide food and shelter for birds which in turn assist in control of insects.
□ Trees reduce energy usage and air conditioning and heating costs by lowering air
temperatures, providing shade and windbreaks, and through evapotranspiration of
moisture from their leaves.
□ Trees buffer different land uses to eliminate or minimize nuisances such as dust, noise,
glare and signs, and provide privacy and screening of traffic, unsightly buildings and
parking areas.
□ Trees improve public health by reducing stress, encouraging exerci se, calming traffic,
decreasing illness recovery times, reducing crime and improving concentration.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page 3
□ Trees attract residents, visitors and commerce to communities and increase the value
and marketability of property.
□ Trees beautify the city and protect and enhance the quality of life.
3. TREE CANOPY COVER CALCULATION
PROCEDURES
A. Assigning Tree Canopy Cover Credit
Tree canopy cover credit is assigned to individual trees and groups of trees that are conserved
based on their actual canopy cover, and to trees planted to satisfy tree replacement and
minimum tree canopy cover requirements based on a standard tree canopy cover credit amount
for the species. The standard tree canopy cover credit for each species is based on the mature
tree canopy size class as listed in the tree species list and represents the minimum tree canopy
size (spread) that a tree would be expected to attain at maturity under urban conditions.
In cases where the actual tree canopy cover of a conserved tree is less than the standard tree
canopy cover credit for the species, then the standard credit will be given to the conserved tree
to provide an incentive to conserve younger and smaller trees.
B. Determining the Actual Tree Canopy Cover of Existing Trees
The amount of tree canopy cover assigned to an individually growing, existing tree with no
significant part (less than 10 percent) of its crown overlapping another tree’s crown shall be the
actual square feet of ground area within the tree’s dripline and within the property boundaries
in addition to the canopy overhanging the public right -of-way, or the standard tree canopy
cover credit for the species, whichever is greater.
The ground area covered by the canopy of an individually growing tree can be calculated as the
area of a circle with a radius equal to the average radius of the tree’s crown, as illustrated in
Appendix D and further described here. The radius is the distance from the center of a circle
(tree trunk) to the outer edge of the circle (dripline), and is one-half the distance of the diameter,
which is measured from dripline-to-dripline through the center.
To determine the average radius of a tree’s crown, first measure the diameter of the tree’s crown
dripline-to-dripline in two (2) perpendicular directions, centered on the tree trunk. Measure the
widest dripline-to-dripline diameter first, and then measure the diameter in the perpendicular
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page 4
direction. Add these two measurements and divide by 2 to get the average diameter. Divide by
2 again to get the average radius.
Use Table A to determine the canopy area of the tree in square feet, which has been calculated
using the average radius in feet and the standard formula for calculating the area of a circle.
Table A. Canopy Area of Individually Growing Trees by Average Radius
AVG RADIUS
(feet)
CANOPY AREA
(square feet)
AVG RADIUS
(feet)
CANOPY AREA
(square feet)
AVG RADIUS
(feet)
CANOPY AREA
(square feet)
1 3 21 1,385 41 5,278
2 13 22 1,520 42 5,539
3 28 23 1,661 43 5,806
4 50 24 1,809 44 6,079
5 79 25 1,963 45 6,359
6 113 26 2,123 46 6,644
7 154 27 2,289 47 6,936
8 201 28 2,462 48 7,235
9 254 29 2,641 49 7,539
10 314 30 2,826 50 7,850
11 380 31 3,018 51 8,167
12 452 32 3,215 52 8,491
13 531 33 3,419 53 8,820
14 615 34 3,630 54 9,156
15 707 35 3,847 55 9,499
16 804 36 4,069 56 9,847
17 907 37 4,299 57 10,202
18 1,017 38 4,534 58 10,563
19 1,134 39 4,776 59 10,930
20 1,256 40 5,024 60 11,304
For forested areas and groups of existing trees with overlapping crowns, the amount of tree
canopy cover assigned to the group shall be the actual square feet of ground area within the
outer perimeter of the combined driplines of all trees within the group.
This area can be measured using one of the following methods:
□ On the ground by a surveyor, the city arborist, a certified arborist or other qualified
individual; or,
City of Milton, Georgia
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□ Online using the most current aerial photography and an area measuring tool, either on
the Fulton County geographic information system or another such geographic
information system.
The amount of tree canopy cover credited to a required rural viewshed shall be as described for
a forested area.
C. Standard Canopy Cover Credit for Planted Trees
For planted trees, the amount of tree canopy cover credited to each newly planted tree has been
standardized based on the typical crown spread (crown diameter) range of the species at
maturity under urban conditions, as listed in Table B, and in the tree species list in the columns
titled “Tree Canopy Size Class” and “Standard Tree Canopy Cover Credit”.
Table B. Standard Tree Canopy Cover Credit by Mature Tree Size
Mature Tree Canopy Size Class
Standard Tree Canopy Cover Credit
(square feet)
Very Wide (> 35-foot spread) 1,600
Wide (25- to 35-foot spread) 900
Narrow (15- to 25-foot spread) 400
Very Narrow (< 15-foot spread) 150
D. Calculating Tree Canopy Cover for a Site
The percent tree canopy cover of a site or lot shall be the total tree canopy cover within the
boundaries of the site or lot in square feet divided by the total site or lot area in square feet and
multiplied by 100 to get percent tree canopy cover. An illustration of calculating tree canopy
cover for a sample site is located in Appendix D.
Examples of Tree Canopy Cover Calculations
A 10,000-square foot lot with a total of 5,000 square feet of tree canopy would have 50% tree
canopy cover (5,000/10,000 = .50, x 100 = 50%).
A 20,000-square foot lot with a total of 8,000 square feet of tree canopy would have 40 percent
tree canopy cover (8,000/20,000 = .40, x 100 = 40%).
A 1-acre lot (43,560 square feet) covered with a total of 28,000 square feet of tree canopy
would have 64 percent tree canopy cover (28,000/43,560 = .64, x 100 = 64%).
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
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February 5, 2018 Page 6
4. ARBORICULTURAL STANDARDS
All tree care operations regulated by the tree ordinance, including tree protection, tree
establishment, new tree maintenance, established tree maintenance and tree removal shall be
completed in accordance with:
□ The technical standards set forth in the tree ordinance and tree conservation manual;
□ The most current ANSI A300 Standards for Tree Care Operations and Z133.1 Safety
Standards and ISA best management practices available from the International Society
of Arboriculture (www.isa-arbor.com); and,
□ Z60.1 Standard for Nursery Stock available from AmericanHort at
www.americanhort.org.
A copy of the most current ANSI A300 Standards for Tree Care Operations, Z133.1 Safety
Standards, ISA best management practices, and Z60.1 Standard for Nursery Stock are available
for review at the community development department.
In addition, illustrations and construction details for some of the tree care activities described in
these standards are included in Appendix D.
A. Tree Protection Standards
Active Tree Protection
Active tree protection shall include the avoidance of harmful and prohibited activities within the
tree protection zone and the installation of tree protection measures, including physical barriers
to delineate and identify the tree protection zone or protect the tree trunk.
Prohibited Activities
Within the tree protection zone, the following activities and conditions, and any other activities
and conditions harmful to a tree’s roots, trunk or crown, sh all be prohibited:
□ Vehicle or equipment traffic, parking, or storage;
□ Materials or supplies storage;
□ Placement of temporary or permanent structures;
□ Equipment maintenance or washout;
□ Wounding of trunk;
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□ Wounding or breakage of scaffold limbs or branches larger than 3 inches in diameter;
□ Topping or other improper pruning, such as stub cuts or flush cuts; and,
□ Fires or excessive heat from equipment exhaust pipes.
□ Site or lot clearing or grubbing;
□ Soil excavation, cuts, fill, grading, trenching or tilling;
□ Edging around mulch and landscape beds;
□ Soil compaction;
□ Top dressing with soil greater than 2 inches in depth; and,
□ Paving.
With city arborist approval, some prohibited activities may take place on one side of the tree in
the outer one-half of the critical root zone, but in no case closer than 3 feet to the trunk of a
planted tree and 10 feet to the trunk of a conserved tree.
Tree Protection Measures
Orange polyethylene barrier fencing shall be installed prior to any land devel opment or land
disturbance activity around each individual conserved tree, tree group or forested area at the
location of the critical root zone and shall remain in place until construction activities have been
completed. Tree protection fencing shall be installed in accordance with the construction details
provided herein.
When equipment movement is such that damage to tree trunks may be possible, then tree trunks
shall be wrapped vertically with a single layer of 2-inch by 4-inch lumber spaced a maximum of
12 inches apart and covered with corrugated cardboard secured with strapping; the wrapping
shall remain on the tree throughout the period of potential damage.
Low hanging limbs that may be damaged by equipment traffic or other construction acti vities
shall be pruned prior to the commencement of any land development or land disturbance activity
in accordance with the pruning standards set forth herein.
Forested areas designated as tree save 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 tree save limits of the forested area. No tree maintenance shall be
required in forested areas, except for that necessary to maintain a healthy stand of trees.
Tree Protection Signs
Prior to any land development or land disturbance activity and after tree protection fencing is
City of Milton, Georgia
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installed, tree protection area signs shall be installed.
Signs shall be installed along the perimeter of all tree protection zones at least every 50 feet and
shall include, at a minimum, the following text: “Tree Protection Area, Entry Prohibited, No
Construction Activity, Materials or Equipment Storage, Equipment Washout, or Vehicle Traffic
Allowed”.
The sign shall be fabricated out of a sturdy material, shall be at least 18 inches wide by 24 inches
high, and shall be placed on a sturdy post with the bottom of the sign at a minimum height of 30
inches above the ground. The signs must remain present at all times during construction.
Passive Tree Protection
Passive tree protection shall be required throughout the life of a specimen or heritage tree and
shall require, at a minimum, the avoidance of all prohibited activities described herein within the
tree protection zone. In addition, no person shall fasten or attach to any specimen or heritage
tree any:
□ Sign, poster, bill, notice or advertisement of any kind;
□ Nails, boards, wire, strap, rope, chain or other such material that could damage the
tree’s bark or girdle the trunk or scaffold limbs; or,
□ Materials or structures that impede the normal growth or biological processes of the
tree.
No brine, oil, gasoline, paint or concrete washout, herbicides or other substances deleterious to
tree health and survival shall be permitted to lie, leak, pour, flow or drip on or into the soil within
the critical root zone of a specimen or heritage tree.
B. Tree Establishment Standards
Trees planted to satisfy tree replacement and minimum tree canopy cover requirements shall be
established in accordance with the standards set forth herein.
Tree establishment involves a series of steps that includes selecting the proper place for a tree,
species selection, selecting an appropriately sized tree and a good quality tree, soil preparation,
tree planting, and new tree maintenance.
Tree Height Class
The tree species list also includes the mature tree height class for each species in addition to the
mature tree canopy size class and standard tree canopy cover credit. The height and canopy size
classes affect where trees can be placed for trees to receive tree canopy cover credit. Table C
shows the mature height range by class of trees growing under urban conditions.
City of Milton, Georgia
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Table C. Mature Height Range of Trees by Height Class
Mature Height Class Average Height Range
Large Greater than 50 feet
Medium 25 feet to 50 feet
Small 15 to 25 feet
Tree Placement Standards
Trees planted to satisfy the requirements of this tree ordinance shall be placed such that they
have adequate space to grow unobstructed to maturity. Minimum distances, at the time of
planting as measured from the tree trunk to structures and infrastructure, shall be required as
listed in Table D.
Table D. Tree Placement and Growing Space Standards
Tree Spacing Minimum Distance
Large height and very wide canopy trees 40 feet*
Medium height and wide canopy trees 30 feet*
Small height and narrow canopy trees 20 feet*
Very narrow canopy trees 15 feet*
*trees may be clumped or spaced closer with approval of the city arborist
Structure and Infrastructure Clearance Minimum Distance
Fire hydrants, gas and water meters, utility
poles, mail boxes, similar structures
15 feet
Underground utility lines 10 feet
Overhead utility lines
0 feet for small height trees
20 feet for medium height trees
40 feet for large height trees
Buildings
15 feet for very narrow and narrow trees
25 feet for wide trees
35 feet for very wide trees
Driveways and walkways 15 feet all trees
Street intersections 35 feet all trees
Growing Space Requirements Minimum Distance, Area, Volume
Minimum tree lawn width (between sidewalk
and curb)
5 feet all trees
Minimum width of landscape island in parking
lots
8 feet all trees
Open Soil Surface Area Per Tree (and soil
volume to a depth of 24 inches)
100 sq ft for small height trees (200 cubic
feet)
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Table D. Tree Placement and Growing Space Standards
Tree Spacing Minimum Distance
225 sq ft for medium height trees (450
cubic feet)
400 sq ft for large height trees (800 cubic
feet)
In addition, the following standards shall apply:
□ Tree trunks shall not be planted directly over property boundary lines or corners;
□ In no case, shall a planting site be less than 5 feet wide in any one direction at the soil
surface; and,
□ No trees shall be planted on public or private property within the limits of, or which will
interfere with, any drainage, sewer, water or utility easement, unless otherwise allowed
herein.
Species Selection Standards
Species planted to satisfy the requirements of this tree ordinance shall be selected from the tree
species list and shall conform to the following standards:
□ Species shall be selected that are tolerant of the growing conditions existing on the site,
including the available above- and below-ground growing space, sunlight, soil moisture,
temperature, and soil volume;
□ No more than 30 percent of any one genus (maple, oak, elm, etc.) shall be planted on a
lot or within a development;
□ When adequate growing space exists, at least 75 percent of the trees planted for tree
canopy cover credit shall be very wide or wide canopy trees;
□ Where obstructions to growth exist for very wide canopy trees, wide canopy trees shall
be planted; and,
□ Where obstructions to growth exist for wide canopy trees, narrow or very narrow
canopy trees may be planted for tree canopy cover credit.
Tree Size and Quality Standards
Trees planted to satisfy the requirements of this chapter shall meet minimum quality standar ds
as established in the most current ANSI Z60.1 American Standard for Nursery Stock.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page 11
In addition, trees shall conform to the following standards:
□ Trees shall be a minimum of 2-inch caliper for deciduous trees, a minimum of 8 feet in
height for evergreen trees (except 5 feet in height for buffer plantings), and a minimum
of 1-inch caliper per trunk for multi-trunked trees at the time of planting, unless larger
caliper trees are required by the tree ordinance;
□ Replacement trees for specimen and heritage trees shall be a minimum of 4-inch caliper
for deciduous trees;
□ Trees may be container grown or balled and burlapped;
□ Trees shall be free from stem encircling or girdling roots;
□ Trees shall be free from co-dominant stems and included bark;
□ Trees shall be free of stem and branch wounds, broken branches or leaders, significant
leans, insect and disease pests, mistletoe, and other harmful conditions that may
threaten the tree’s survival, health, and potential to grow to maturity; and,
□ Trees shall not require staking to stand upright under normal environmental conditions.
Soil Preparation Standards
Planting sites shall consist of an adequate volume of quality soil in which a tree can readily survive
and thrive. The soil around a planted tree shall meet the following standards:
□ The minimum open soil surface area and volume of soil shall be as listed in Table D;
□ The soil within the open soil surface area shall be well aerated to a depth of 8 inches,
except that in tree planting islands surrounded by pavement it shall be well aerated to a
depth of 18 inches;
□ The soil shall contain at least 5 percent organic matter;
□ Soil pH shall be within a range of 5.8 to 7.0;
□ An approved structural soil mix containing 80 percent rock aggregate, 15 percent
mineral soil, and a sticking agent may be used within parking lots and other paved areas
and within and adjacent to tree islands to increase the rooting volume available to trees,
in which case the open soil surface area may be reduced by 30 percent; and,
□ Permeable or porous pavements or suspended pavement systems may be used within a
parking lot or other paved area adjacent to tree islands, in which case the open soil
surface area required may be reduced by up to 50 percent.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page 12
Tree Planting Standards
The following standards shall apply to the planting of container grown or balled and burlapped
trees:
□ Trees shall be installed during the planting season, unless otherwise approved by the
administrator;
□ In undisturbed soils and prepared soils, the planting hole shall be at least two (2) times
as wide and no deeper than the root ball of the tree, with sides sloping inward from the
top, and with firm soil on the bottom and conform to the planting detail in Appendix D;
□ In compacted soils, the planting hole shall be at least three (3) times as wide and no
deeper than the root ball of the tree, with sides sloping inward from the top, and with
firm soil on the bottom;
□ The tree shall be planted no deeper than it was growing in the containe r or field and the
trunk flare shall be visible above the ground;
□ All strapping, webbing, twine, strings and other such material shall be removed from the
root ball prior to filling in the hole with soil;
□ The burlap and wire basket, if they cannot be removed completely without damaging
the root ball, shall be removed to a depth of at least 12 inches and to a greater depth if
possible;
□ In no case shall any burlap be located above the soil surface; and,
□ Trees shall not be staked unless they are leafed ou t and planted in sandy or very well-
aerated soils in which shifting of the root ball might occur; when staking must occur, it
shall conform to the staking detail in Appendix D.
C. New Tree Maintenance Standards
For newly planted container grown or balled and burlapped trees that are planted to satisfy the
requirements of the tree ordinance, the applicant or his/her authorized agent(s) shall comply
with the following maintenance standards during the establishment period:
□ Trees shall be mulched immediately after planting in accordance with the mulching
standards set forth herein;
□ When natural rainfall is less than 1 inch per week during the growing season, trees shall
be provided with the equivalent of 1 inch of water per week within the open soil surface
area;
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page 13
□ Trees shall not be fertilized;
□ Trees shall be pruned immediately before or after planting to remove dead, broken,
diseased, dying or rubbing branches only;
□ After the first growing season, tree pruning shall be done as necessary to remove dead
branches, train tree structure and maintain clearance over walkways, streets and
vehicles in accordance with the tree pruning standards set forth herein; and,
□ Tree staking materials shall be removed no later than 1 year after planting.
D. Established Tree Maintenance Standards
Required tree maintenance may include pruning, mulching, or removal as set forth in the tree
ordinance or as required by the city arborist as a condition of permit approval or remediation.
Optional tree maintenance includes fertilization, cabling and bracing (supplemental support
systems), and lightning protection.
For protected trees, required maintenance shall be done in accordance with ANSI standards and
ISA best management practices, and the additional standards set forth herein.
Tree Pruning Standards
When tree pruning is required by the tree ordinance, trees shall be pruned in accordance with
ANSI standards and ISA best management practices and the standards that follow.
□ Tree owners and their agents are encouraged to hire businesses that employ a certified
arborist who can supervise the pruning work on site and ensure that pruning is being
done properly.
□ Pruning activities shall not disturb nesting, rare, or endangered wildlife and shall not
resume or commence until the wildlife has vacated the tree for the season, unless the
tree poses an immediate threat to public health and safety, in which case the Georgia
Department of Natural Resources shall be contacted to relocate the wildlife prior to
pruning;
□ Co-dominant stems less than 4 inches in diameter at the fork shall be pruned off and
one main stem shall remain;
□ Pruning cuts that leave stubs, flush cuts that encroach on the branch collar, or the
tearing of bark are not permitted;
□ Pruning shall be done such that a tree’s natural form is maintained to the greatest
extent possible; and,
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page 14
□ Tree topping or heading back is not permitted.
Reasons for which specimen and heritage tree pruning is not permitted unless approved by the
city arborist include, but are not limited to:
□ Sign installation, clearance, or visibility; excluding traffic, direction, warning or
informational signs owned by any public or semi-public agency; and,
□ Clearance for temporary or permanent equipment traffic or storage, the erection of
temporary structures, or materials storage within the tree protection zone.
Mulching Standards
Individual planted trees, individual conserved trees, and groups of four (4) or less conserved trees
shall be mulched in accordance with the following standards;
□ Mulch shall be composed of organic materials that may include, but are not limited to,
pine straw, leaves, wood chips aged at least 3 months, compost, and pine bark;
□ Grass clippings, plastic sheeting, and rocks or gravel shall not be used as mulch and shall
not be applied within the critical root zone;
□ Conserved and planted trees shall be mulched to the outer edges of the critical root
zone or to the greatest extent possible, except that no mulch ring shall have a radius of
less than 3 feet.
□ Mulch shall be 3 to 4 inches in depth and shall be spread in an even layer throughout
the critical root zone.
□ Mulch is not allowed closer than 6 inches to the trunk of a planted tree and 12 inches to
the trunk of a conserved tree.
□ Mulch should be inspected annually for proper depth and re -applied if necessary,
preferably in the late winter or early spring.
□ For conserved groups of more than 4 trees, for forested areas and for forested buffers
the addition of mulch is not required; however, the ground surface and natural leaf
litter within these areas shall remain present and undisturbed;
Fertilization Standards
Fertilization is optional for protected trees. However, if protected trees are fertilized, it is
recommended that they be fertilized in accordance with recommendations associated with a
recent soil test and ANSI A300 standards.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
February 5, 2018 Page 15
Tree Supplemental Support System Standards
The installation of supplement support in a protected tree is optional, but may be advisable to
mitigate the risk of partial tree failure. Any tree support systems placed in a specimen or heritage
tree shall be designed, installed, and maintained in accordance with ANSI A300 standards.
Lightning Protection System Standards
The installation of a lightning protection system in a protected tree is optional, but may be
advisable for specimen or heritage trees to reduce the damage that can occur as a result of a
lightning strike. Any lightning protection systems placed in a specimen or heritage tree shall be
designed, installed and maintained by a certified arborist in accordance with the ANSI A300
standards.
E. Tree Removal Standards
It is recommended that all tree removal operations be done in accordance with ANSI standar ds,
including safety standards and ISA best management practices.
In addition, tree removal should not disturb nesting, rare or endangered wildlife including any
birds subject to The Migratory Bird Act, and tree removal should be delayed until the nesting
wildlife is safely removed or has voluntarily vacated the tree, unless the tree poses an immediate
threat to public health and safety, in which case the Georgia Department of Natural Resources
shall be contacted to relocate the wildlife prior to removal. The Georgia Department of Natural
Resources should be contacted in every case involving the removal of any bird species.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page A1
Appendix A. Applicability and Exemptions
Summary Charts
Section 5.
APPLICABILITY AND
EXEMPTIONS
SUMMARY
5.1. APPLICABILITY
5.1.a. All real property.
5.1.b. Any activity that requires a land disturbance
permit, building permit, demolition permit, right-of-
way encroachment permit or tree removal permit.
5.1.c. Any activity that requires a certificate of
occupancy, minor plat approval, certificate of
conceptual plan approval, or final plat approval.
5.1.d. All protected trees.
5.2. EXEMPTIONS
5.2.a. Removal of trees posing an imminent threat or
under emergency conditions.
5.2.b. Commercial tree nursery and tree farm
operations.
5.2.c. Ongoing forest management practices, including
timber harvesting, with exceptions.
5.2.d. Trees removed by municipal, county, state or
federal authorities pursuant to law.
5.2.e. Trees removed by utility companies, except that
all removal and pruning shall be done in accordance
with the arboricultural standards in the tree
conservation manual.
A chart with applicability and exemption details follows.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page B1
Appendix B. Approved Tree Species List
Trees planted to satisfy minimum tree canopy cover and tree replacement requirements of the
tree ordinance must be selected from the City of Milton Tree Species List.
The tree species list follows and includes:
□ The species that are approved for tree canopy cover credit;
□ The species that may not receive tree canopy cover credit due to their poor quality—
including brittle or weak wood, invasive nature, insect or disease susceptibility, large
thorns, noxious fruiting habit, excessive litter or lack of suitabi lity to the region;
□ The mature height class for each species;
□ The tree canopy size class for each species;
□ The standard square feet of tree canopy cover credit for the species;
□ Whether the species is native to the Piedmont region of Georgia;
□ Whether the species is considered drought tolerant; and,
□ The locations where tree species are approved for planting.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page C1
Appendix C. Standard Applications, Checklists,
Forms and Worksheets
1. Heritage Tree Nomination Form
2. Tree Removal Permit Application
3. Tree Canopy Plan Checklist
4. Timber Harvesting Notification Form
5. Tree Bank Registration Application
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D1
Appendix D. Illustrations and Construction Details
Construction details for the critical root zone, newly planted tree and conserved tree mulching,
tree protection zone, tree protection fencing, the tree protection area sign, tree planting and
tree staking must be included on the tree canopy plan. Electronic files of the construction details
in PDF and JPEG formats are available from the community development department.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D2
FORMULA FOR CALCULATING
THE AREA OF A CIRCLE (A)
A = *R2
Area = 3.14 * (R * R)
1. Calculating Actual Tree Canopy Cover
DETERMINING THE AVERAGE RADIUS
and ACTUAL TREE CANOPY COVER
1) Measure the greatest crown diameter (d1) in feet.
2) Measure the crown diameter in a perpendicular direction
(d2) in feet.
3) Add d1 and d2; divide by 2 to get the average diameter (D).
4) Divide the average diameter (D) by 2 to get the average
radius (R) in feet.
5) Square the average radius (R2) and multiply by 3.14 (, a
constant), to get the area of the crown, or a circle, in feet.
EXAMPLE
1) The length of d1 is 70 feet. d1
2) The length of d2 is 50 feet.
3) The total of d1 and d2 is
120 feet, which divided by d2
2 is 60 feet, the average
diameter (D).
4) The average radius is half
the average diameter--60
divided by 2, which is 30
feet.
5) Square the average radius,
30 feet, which is 900
square feet and then
multiply by 3.14 to get the
actual tree canopy cover of
the tree in this example--
2,826 square feet.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D3
TREE CANOPY COVER PERCENT
Tree canopy cover percent is
calculated by dividing the total square
foot area covered by tree canopies
within the property boundaries and
overhanging the public right-of-way
by the total area of the property.
To calculate the tree canopy cover
percent that is planned for a lot, add
the tree canopy cover of trees to be
conserved to the tree canopy cover
credit given to trees to be planted,
and divide the result by the total area
of the lot and multiply by 100.
EXAMPLE A: Tree Canopy Cover on a
Developed Site
The developed lot in the example to
the right is 150 feet wide by 290.6
feet deep, an area of 43,560 square
feet (1 acre).
The tree canopy cover on this lot
totals 27,000 square feet (13,500 +
4,000+6,500+3,000).
The total tree canopy cover of 27,000
square feet is divided by 43,560
square feet and multiplied by 100 to
get a percent, resulting in a tree
canopy cover of 62% for the lot.
See the next page for an example of
calculating tree canopy cover for a site
to be developed.
2. Calculating Tree Canopy Cover Percent
Property
Boundaries
Forested area with
13,500 sq ft of tree
canopy cover
within property
boundaries
Individual tree
with 4,000 sq ft of
tree canopy cover
Public right-of-way
Tree group with a
combined tree canopy
cover of 6,500 sq ft within
property boundaries and
overhanging the public
right of way
Individual tree
with 3,000 sq ft of
tree canopy cover
within property
boundaries
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D4
TREE CONSERVATION
All trees outside of the improved area
are to be conserved on an
undeveloped lot. Replacement is
required for the removal of specimen
trees (120% canopy removed) and
heritage trees (140% canopy removed)
within the improved area.
Trees are required in rural viewsheds,
buffers and road frontages, as well as
in other priority areas. If trees don’t
exist in these areas, then new trees
must be planted.
EACH SITE IS DIFFERENT, AND MAY
HAVE DIFFERENT TREE
REQUIREMENTS RESULTING IN
DIFFERENT COMBINATIONS AND
ARRANGEMENTS OF CONSERVED AND
PLANTED TREES
EXAMPLE B: Tree Canopy Cover on an
Undeveloped Lot
The undeveloped lot in the example to
the right is 150 feet wide by 290.6 feet
deep, an area of 43,560 square feet (1
acre). If 60% tree canopy cover is
required, that is equal to 26,136
square feet.
All trees outside of the improved area
must be conserved, and street trees
are required.
The total tree canopy cover on this lot
at the completion of development will
be 15,000 + 3,200 + 320 + 1,600 +
6,400 = 26,520 sq ft.
26,520 sq ft divided by 43,560 sq ft
equals 61%.
Specimen tree
with 3,200 sq ft
actual cover,
with 10% bonus
of 320 sq ft
Forested area with
15,000 sq ft to be
conserved
Public right-of-way
4 street trees to be planted, very
wide canopy, 1,600 sq ft each (6,400
sq ft total)
Very wide maturing tree with 750 sq
ft actual tree canopy, but is given the
1,600 sq ft standard credit
Improved Area
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D5
3. Critical Root Zone (Plan View)
EXAMPLE A
Dripline is located farther out
from the trunk than 1.5 feet
for every 1-inch DBH, so
therefore the dripline is the
location of CRZ.
Dripline follows the greatest
extent of the branches
(crown) around the tree.
The location of
the tree trunk
Edge of the
dripline, forms a
circle, more or less,
on the ground.
This dripline
delineates the
Critical Root Zone.
Radius of 1.5 feet for
every 1-inch DBH, smaller
than the dripline.
and the perimeter
of the CRITICAL
ROOT ZONE (CRZ)
must be
delineated on
tree plans.
Critical Root Zone
EXAMPLE B
CRZ is located out from the
trunk a distance of 1.5 feet
for every 1-inch DBH
because it is farther out
than the dripline.
Radius of 1.5 feet for
every 1-inch DBH, larger
than the dripline.
Dripline follows the greatest
extent of the branches
(crown) around the tree.
Edge of the
dripline, forms
a circle, more
or less, on the
ground, and in
this example,
does not
delineate the
Critical Root
Zone.
Critical Root Zone
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D6
APPLICATION
Spread in an even
layer 3 to 4 inches
deep within the
critical root zone
(1.5 feet for every
1-inch DBH) and at
least 3 feet out for
a newly planted
tree, whichever is
farther.
Keep mulch 6
inches from the
trunk of a newly
planted tree and
12 inches from the
trunk of a
conserved tree.
MAINTENANCE
inspect annually for
proper depth and
reapply if necessary
in late winter or
early spring
DBH = trunk diameter
measured at 4.5 feet
above the ground
Keep 6 inches
from the trunk
At least 3 feet
4. Tree Mulching Detail - Newly Planted Tree
APPROVED
MATERIALS
pine straw
leaves
aged wood chips
compost
pine bark
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D7
APPROVED
MATERIALS
pine straw
leaves
aged wood chips
compost
pine bark
Dripline
DBH = trunk diameter
measured at 4.5 feet
above the ground
MAINTENANCE
inspect annually for
proper depth and
reapply if necessary
in late winter or
early spring
Critical Root Zone
1.5 feet for every 1-inch DBH
Keep mulch 12
inches from the
base of the trunk
5. Tree Mulching Detail - Conserved Tree
APPLICATION
Spread in an even
layer 3 to 4 inches
deep within the
critical root zone
(1.5 feet for every
1-inch DBH) and at
least 3 feet out for
a newly planted
tree, whichever is
farther; keep
mulch 6 inches
from the trunk of
a newly planted
tree and 12 inches
from the trunk of
a conserved tree.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D8
The tree protection zone includes the critical root zone, tree trunk,
and entire tree crown (scaffold limbs, branches and leaves).
Tree
Protection
Zone
Ground Line
and 24 inches deep in
the soil below the
ground line.
Critical root zone
extends out 1.5 feet
for every 1-inch DBH,
Dripline Dripline
6. Tree Protection Zone Detail
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D9
DRIPLINE
The line extending
from the outermost
branches to the
ground, forming a
more or less circular
area on the ground.
Dripline
DBH = trunk diameter
measured at 4.5 feet
above the ground Edge of critical
root zone
TREE
PROTECTION
AREA
ENTRY PROHIBITED
TREE
PROTECTION
AREA
ENTRY PROHIBITED
No Construction No Construction
Activity, Materials or Activity, Materials or
Equipment Storage, Equipment Storage,
Equipment Washout, Equipment Washout,
or Vehicle Traffic or Vehicle Traffic
Allowed Allowed
Orange barrier fencing erected on sturdy posts at the dripline or edge of the critical root zone
(distance of 1.5 feet for every 1-inch DBH), whichever is larger.
Tree protection area signs must be installed every 50 feet around the perimeter of the tree
protection fence.
7. Tree Protection Fencing Detail
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D10
8. Tree Protection Area Sign Detail
TREE
PROTECTION
AREA
ENTRY PROHIBITED
NO Construction Activity,
Materials or Equipment
Storage, Equipment Washout
or
Vehicle Traffic Allowed
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D11
9. Tree Planting Detail
THE PLANTING HOLE
The planting hole
should be dug 2 times
the width of the root
ball, and up to 5 times
in compacted soils.
Dig the hole no deeper
than the depth of the
root ball; soil beneath
the root ball should
remain firm and
undisturbed.
Sides of the planting
hole should be rough
and sloped outward.
Add no soil
amendments.
Backfill around the
root ball with the
same soil that was
removed.
Do not fertilize until
the 2nd growing
season, and only if a
soil test shows a
deficiency.
SOIL LEVEL
Soil level should
be at grade,
with no water
ring formed
around the
planting hole.
STAKING
Do not stake the tree
unless it is leafed out
at time of planting or
is being planted in
sandy soils.
REMOVE STAKING
AFTER 1 YEAR
ROOT DEPTH
The first order roots should be no more
than 2 inches below the soil line. Too much
soil on top of the root ball will eventually
result in girdling roots and tree decline.
Minimum 2X the width of the root ball, and up
to 5X in compacted soils.
REMOVE BURLAP,
STRAPS AND WIRE
BASKET
Remove all straps,
twine, burlap, and wire
basket before
backfilling with soil.
City of Milton, Georgia
Chapter 60 - Tree Canopy Conservation Ordinance
TREE CONSERVATION MANUAL
January 8, 2018 Page D12
INSTALLATION
Install 3 sturdy
posts around the
tree at the CRZ.
Install soft-tie
straps horizontally
looping around
the post and the
tree trunk, leaving
some slack to
allow the tree to
bend slightly in all
directions.
REMOVE
STAKING
AND
STRAPS
AFTER
1 YEAR
RECOMMENDED
MATERIALS
Sturdy metal or wood
posts, 4 feet tall, and
soft-tie straps and
loops
10. Tree Staking Detail
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 28, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of An Ordinance of the Mayor and Council of
the City of Milton, Georgia, To Adopt Amendments to the
Fiscal 2020 Budget for the General Fund of the City of Milton,
Georgia Amending the Amounts Shown as Expenditures,
Prohibiting Expenditures to Exceed Appropriations, and
Prohibiting Expenditures to Exceed Actual Funding Available
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 6A132176-0293-4BC3-975D-941866A423F4
X
June 1, 2020
X
X
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on May 27, 2020 for First Presentation on the June 1, 2020
Regular City Council Meeting and Unfinished Business for the June
15, 2020 Regular City Council Meeting
Agenda Item: Consideration of an Ordinance of the Mayor and Council of the
City of Milton, Georgia, to Adopt Amendments to the Fiscal Year
2020 Budget for Each Fund of the City of Milton, Georgia Amending
the Amounts Shown in Each Budget as Expenditures, Amending the
Several Items of Revenue Anticipations, Prohibiting Expenditures to
Exceed Appropriations and Prohibiting Expenditures to Exceed
Actual Funding Available.
_____________________________________________________________________________________
Department Recommendation:
The recommendation is to approve the budget amendments as proposed.
Executive Summary:
As the City budget is a dynamic rather than static plan, it requires amending from time
to time. The proposed budget amendments enclosed are an update to the original
budget as adopted on September 23, 2019 and reflect the most recent circumstances and recommendations.
Requests outlined include revenue anticipation updates, several of which are a result of
the current economic impact of COVID-19. Some of the more significant decreases to
anticipations for revenue include: local option sales tax, transportation special purpose local option sales tax, alcohol beverage excise tax, hotel motel excise tax, business &
occupation tax, investment income, and impact fees.
Staff have identified significant decreases to current expenditure budgets in the areas
of salary savings as a result of vacancies in various departments and projects that can
be deferred until the City has a better understanding of the full impact of the current
economic circumstances (please see the attached budget amendment documents
for details).
The public hearing for this amendment was advertised in the Milton Herald on May 21,
2020 and will include detailed discussion of the amendments outlined in the attached
document.
1 of 32
DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
Funding and Fiscal Impact:
Please refer to the attached budget amendment documents.
Alternatives: Other directed Council action.
Concurrent Review: Steve Krokoff, City Manager
Attachment(s): Fiscal Year 2020 Proposed Budget Amendments
2 of 32
DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
ORDINANCE NO.
STATE OF GEORGIA
FULTON COUNTY
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON,
GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2020 BUDGET FOR
EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE
AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE
SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING
EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING
EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a
council meeting on June 15, 2020 at 6:00 p.m. as follows:
WHEREAS, the City Manager of the City of Milton has presented
amendments to the fiscal year 2020 Budget to the City Council on each of the
various funds of the City; and
WHEREAS, each of these budget amendments results in a balanced
budget, so that anticipated revenues equal proposed expenditures for each fund;
and
WHEREAS, the amended fiscal year 2020 budget provides a financial plan
for the government, establishing appropriations for each operating department in
order to extend services;
NOW, THEREFORE BE IT ORDAINED that this budget amendment,
“Exhibit A” attached hereto and by this reference made a part hereof this ordinance
shall be the City of Milton’s amended fiscal year 2020 budget; and
BE IT FURTHER ORDAINED that this budget be and is hereby approved
and the several items of revenues shown in the budget for each fund in the
amounts anticipated are adopted and that the several amounts shown in the
budget for each fund as proposed expenditures are hereby appropriated to the
departments named in each fund; and,
BE IT FURTHER ORDAINED that the expenditures shall not exceed the
appropriations authorized by this budget or amendments thereto provided; that
expenditures for the fiscal year shall not exceed actual funding available.
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ADOPTED AND APPROVED this 15th day of June, 2020.
CITY OF MILTON, GEORGIA
By: ________________________
Mayor Joe Lockwood
________________________
Councilmember Carol Cookerly
________________________
Councilmember Joe Longoria
________________________
Councilmember Rick Mohrig
_________________________
Councilmember Peyton Jamison
_________________________
Councilmember Paul Moore
_________________________
Councilmember Laura Bentley
(SEAL)
Attest:
_______________________________
City Clerk
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City of Milton, Georgia
Fiscal Year 2020
Summary of Departmental Budget Amendments
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The goal of the fiscal year 2020 budget amendment is to revise departmental budgets and interfund
transfers based on activity-to-date and future projections.
GENERAL FUND
The General Fund is the principal operating fund of the government and is used to facilitate current
year operations. General Fund revenues have unrestricted use. Utilization of prior year unrestricted fund
balance in excess of required reserves shall be deemed a one-time revenue source.
Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and
Operating. Salary and benefits line items include salaries, overtime, vacation pay, retirement and other
associated payroll expenditures. The maintenance and operating category include expenditures
related to operational line items such as supplies, professional fees, training, dues and fees, travel,
utilities, communications, machinery & equipment, etc.
Revenue Amendments:
The changes in original revenue estimates for the following revenue sources are driven by an analysis
of the activity-to-date and include anticipations resulting from the current economic impact of COVID-
19.A projection was completed using available data indicating the fiscal year 2020 revenue estimates
could be adjusted by the amounts indicated in the table beginning on page 8. Some of the more
significant changes are explained as follows:
1.The City has recognized increases to its share of the title ad valorem tax distribution throughout
FY 2020. At this time, the City still anticipates an overall increase of $275,000 over the original
budget for this tax even considering a potential decrease in vehicle sales.
2.The full impact of COVID-19 is yet to be seen. Staff has compared prior year collections for
anticipated impacted revenues and projected decreases to the original anticipations for FY
2020 as follows: local option sales tax 14% or $1,353,347, alcohol beverage excise tax 40% or
$124,000, business & occupation tax 13% or $100,000, investment income 30% or $90,000, and a
drop of approximately $30,000 for activity fees/commissions.
3.Fines & Forfeitures and related court administrative fees have also been impacted and are
projected to be lower than originally anticipated with a forecasted decrease of 34% or $130,000
and 30% or $27,600 respectively.
Expenditure Amendments:
Explanations for each of the amendments to the expenditure accounts are provided within the
expenditures by project detail beginning on page 10.
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FY 2020
Current
Budget
Proposed
Amendment
Total
Amended
Budget
REVENUES
Taxes 27,972,125$ (1,017,252)$ 26,954,873$
Licenses & Permits 614,650 (80,054)534,596
Intergovernmental Revenues - 60 60
Charges for Services 517,420 (79,257)438,163
Fines & Forfeitures 380,000 (130,000)250,000
Investment Income 301,000 (90,000)211,000
Contributions & Donations - 23,503 23,503
Miscellaneous Revenue 108,726 539 109,265
Proceeds from Sale of Assets 10,000 9,001 19,001
subtotal 29,903,921$ (1,363,459)$ 28,540,462$
Interfund Transfers In:
Capital Projects Fund 83,093$ -83,093
subtotal 83,093$ -$ 83,093$
TOTAL REVENUES $ 29,987,014 $ (1,363,459) $ 28,623,555
EXPENDITURES
Mayor & Council 196,111$ (42,010)$ 154,101$
City Clerk 390,928 (65,000)325,928
City Manager 644,897 -644,897
General Administration 58,673 (1,000)57,673
Finance 646,442 (10,000)636,442
Legal 295,000 40,000 335,000
Information Technology 1,362,876 (73,980)1,288,896
Human Resources 349,281 -349,281
Risk Management 266,706 (5,696)261,010
General Government Buildings 259,502 5,564 265,066
Communications 292,875 (8,000)284,875
Community Outreach &
Engagement 164,367 3,500 167,867
Municipal Court 470,202 12,246 482,448
Police 5,629,833 (164,856)5,464,977
Fire 7,722,910 (67,187)7,655,723
Public Works 2,979,237 (230,837)2,748,400
Parks & Recreation (Active)1,518,414 125,686 1,644,100
Passive Parks/Greenspace 137,789 49,467 187,256
Community Development 1,701,891 20,000 1,721,891
Economic Development 179,655 -179,655
Debt Service 1,177,201 (1,177,201)-
Contingency 264,448 (159,005)105,443
subtotal 26,709,238$ (1,748,309)$ 24,960,929$
Interfund Transfers Out:
Capital Projects Fund 4,894,518$ 82,536 4,977,054$
Revenue Bond Fund - 1,158,509 1,158,509
subtotal 4,894,518$ 1,241,045$ 6,135,563$
TOTAL EXPENDITURES $ 31,603,756 $ (507,264) $ 31,096,492
Total Revenues Over/(Under)
Expenditures (1,616,742)$ (856,195)$ (2,472,937)$
Beginning Fund Balance 10,495,407 10,495,407
ENDING FUND BALANCE 8,878,665$ 8,022,469$
General Fund Budget Summary
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Proposed Budget Amendment
Fiscal Year 2020
GENERAL FUND
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
TAXES
R eal Property Tax - Current Year 11,710,008 150,000 11,860,008
Public Utility Tax 90,000 11,408 101,408
Real Property Tax - Prior Year 20,000 90,000 110,000
Title Ad Valorem Tax 400,000 275,000 675,000
Local Option Sales Tax 9,400,000 (1,353,347) 8,046,653
Alcohol Beverage Excise Tax 310,000 (124,000) 186,000
Business & Occupation Tax 800,000 (100,000) 700,000
Financial Institution Tax 45,000 7,187 52,187
Penalties & Interest-Real Property Tax 10,000 25,000 35,000
Penalties & Interest-Personal Property Tax 700 1,500 2,200
TOTAL: TAXES (1,017,252)
LICENSES & PERMITS
Alcohol Beverage Licenses 170,000 (15,000) 155,000
Modification 350 700 1,050
Building Permits 350,000 (65,000) 285,000
Penalties & interest-Alcohol Beverage License 2,200 246 2,446
Res/Comm Work Without a Permit Penalty 1,000 (1,000) -
TOTAL: LICENSES & PERMITS (80,054)
INTERGOVERNMENTAL
School Bus Stop Arm Violations - 60 60
TOTAL: INTERGOVERNMENTAL 60
CHARGES FOR SERVICE
Finance Administrative Fees 74,000 (14,800) 59,200
Court Administrative Fees 92,000 (27,600) 64,400
Online Payment Convenience Fee 22,000 6,000 28,000
Fingerprinting Fee 20,000 (6,000) 14,000
Background Check Fees 14,000 (7,000) 7,000
Activity Fees/MCC Pool 22,000 (11,000) 11,000
Activity Fees/Kona Ice 800 343 1,143
Activity Fees/Eagle Stix Lacrosse 18,000 (7,500) 10,500
Activity Fees/North Ga Rec 13,000 (8,500) 4,500
Activity Fees/Milton Tennis Center 4,000 (2,000) 2,000
Activity Fees/Wanna Play Baseball 2,500 (1,200) 1,300
TOTAL: CHARGES FOR SERVICE (79,257)
Change in revenue recognition
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Proposed Budget Amendment
Fiscal Year 2020
GENERAL FUND
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
FINES & FORFEITURES
FINES & FORFEITURES 380,000 (130,000) 250,000
TOTAL: FINES & FORFEITURES (130,000)
INVESTMENT INCOME
Interest Revenue 1,000 - 1,000
Realized Gain/Loss On Investment 300,000 (90,000) 210,000
TOTAL: INVESTMENT INCOME (90,000)
CONTRIBUTIONS & DONATIONS
Donation Revenue-Milton First Responders Foundation - 1,688 1,688
Donation Revenue-Parks & Recreation - 2,000 2,000
Private Entity Grant/Contributions - 14,815 14,815
Private Entity Grant/Contributions-Police - 5,000 5,000
TOTAL: CONTRIBUTIONS & DONATIONS 23,503
MISCELLANEOUS REVENUE
Cell Tower Lease 80,026 - 80,026
Facility Rental/Bethwell Community Center 5,000 - 5,000
Facility Rental/Friendship Park 200 - 200
Facility Rental/Bell Memorial Park 12,000 699 12,699
Facility Rental/Broadwell Pavilion 6,000 (3,000) 3,000
Facility Rental/City Hall/Community Place 2,000 - 2,000
Facility Rental/Tennis Courts 500 - 500
Insurance Proceeds-Public Works - 1,948 1,948
Other Miscellaneous Revenue 3,000 - 3,000
Evidence Room Unclaimed Cash - 892 892
TOTAL: MISCELLANEOUS REVENUE 539
OTHER FINANCING SOURCES
Operating Transfers In From Capital Projects Fund 83,093 - 83,093
Sale Of Surplus Equipment 10,000 9,001 19,001
TOTAL: OTHER FINANCING SOURCES 9,001
TOTAL REVENUES $ (1,363,459)
Change in revenue recognition
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Proposed Budget Amendment
Fiscal Year 2020
GENERAL FUND
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
EXPENDITURES BY DEPARTMENT:
MAYOR & COUNCIL
Professional Fees 35,000 (25,000) 10,000 Reduce the budget for an outside
facilitator for the Council/Staff retreat
Travel 12,860 (10,010) 2,850
Education & Training 12,650 (7,000) 5,650
TOTAL: MAYOR & COUNCIL (42,010)
CITY CLERK
Salaries & Wages 155,430 (40,000) 115,430 Reduce the budget to account for
savings related to position vacancies
Professional Fees 139,936 (25,000) 114,936
Reduce the budget to account for
election savings offset by higher than
anticipated transcription expenses
TOTAL: CITY CLERK (65,000)
GENERAL ADMINISTRATION
Maintenance Contracts 5,092 (1,000) 4,092
Reduce the budget to account for
annual subscription cancelation
(Basecamp)
TOTAL: GENERAL ADMINISTRATION (1,000)
FINANCE
Salaries & Wages 358,495 (10,000) 348,495 Reduce the budget to account for
savings related to position vacancies
TOTAL: FINANCE (10,000)
LEGAL
Professional Fees 295,000 40,000 335,000 Increase to account for higher than
anticipated legal expenses
TOTAL: LEGAL 40,000
Reduce the budgets related to the
canceled GMA Conference
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Proposed Budget Amendment
Fiscal Year 2020
GENERAL FUND
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
EXPENDITURES BY DEPARTMENT:
INFORMATION SERVICES
Salaries & Wages 154,590 (45,000) 109,590 Reduce the budget to account for
savings related to position vacancies
Communications 93,560 (28,980) 64,580
Transferring the budget for public safety
related expenses to the Police
D epartment
TOTAL: INFORMATION SERVICES (73,980)
RISK MANAGEMENT
Insurance 266,706 (5,696) 261,010 Reduce the budget to account for lower
than anticipated insurance costs
TOTAL: RISK MANAGEMENT (5,696)
GENERAL GOVERNMENT BUILDINGS
Cleaning Services 38,216 5,564 43,780
Increase to account for the higher than
anticipated janitorial services expenses
o ffset by savings realized through the
facilities technician services contract in
Public Works
TOTAL: GENERAL GOVERNMENT BUILDINGS 5,564
COMMUNICATIONS
Salaries & Wages 138,642 (8,000) 130,642 Reduce the budget to account for
savings related to position vacancies
TOTAL: COMMUNICATIONS (8,000)
COMMUNITY OUTREACH & ENGAGEMENT
Professional Fees - 3,349 3,349
General Supplies 5,000 151 5,151
TOTAL: COMMUNITY OUTREACH & ENGAGEMENT 3,500
MUNICIPAL COURT
Rental Land & Buildings 112,960 12,246 125,206
Transfer from Contingency to account for
common area maintenance expenses
r elated to the Deerfield lease
TOTAL: MUNICIPAL COURT 12,246
Increase the budgets related to State of
the City to account for sponsorships
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Proposed Budget Amendment
Fiscal Year 2020
GENERAL FUND
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
EXPENDITURES BY DEPARTMENT:
POLICE
Salaries & Wages 2,843,454 (100,000) 2,743,454 Reduce the budget to account for
savings related to position vacancies
Vehicle Repair & Maintenance 162,536 (82,536) 80,000
Transferring the budget for obtaining
vehicles for the two new officers
(approved M&O initiative) to the Capital
P rojects Fund
Communications 84,076 28,980 113,056
Increase to account for public safety
related communications expenses
originally budgeted in the Information
Services Department
Maintenance Contracts 471,723 (1,120) 470,603
Transferring 50% of the budget related to
Netmotion to the Fire Department to
account for department specific
expenses
Machinery & Equipment 238,207 (10,180) 228,027
Overall reduction to the budget is a
result of: an increase to computer
hardware ($22,672 from Contingency) to
r eplace officers' laptops, an increase of
$5,000 to account for a donation from
Target for the Red and Blue shopping
event, an increase of $1,688 to account
for a donation from the Milton First
Responder's Foundation for the purchase
of Cool Cops equipment, and a
decrease of $39,540 as a result of the
decision to defer the
purchase/installation of stationary license
plate recognition (LPR) systems in the
City
TOTAL: POLICE (164,856)
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Proposed Budget Amendment
Fiscal Year 2020
GENERAL FUND
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
EXPENDITURES BY DEPARTMENT:
FIRE
Salaries & Wages 4,519,336 (60,000) 4,459,336 Reduce the budget to account for
savings related to position vacancies
Maintenance Contracts 164,867 1,120 165,987
Transferring in 50% of the budget related
to Netmotion from the Police
Department to account for department
specific expenses
Property 9,000 (8,307) 693
Transferring the portion of the budget
related to the purchase of land at
Birmingham Park (78.5%) and the PW
storage yard (13.8%) from Fulton County
to those departments
TOTAL: FIRE (67,187)
PUBLIC WORKS
Professional Fees 479,000 (232,079) 246,921
Reduce the budget to account for the
following: $11,802 to be transferred to
Passive Parks/Greenspace for survey
work related to the purchase of
Birmingham Park land from Fulton
County, release $43,277 in savings from
the NPDES permit compliance project,
release $27,000 in overall savings from
the facilities technician services contract
($6,163 of this amount will offset higher
than anticipated janitorial services
expenses in Gen Govt Bldgs and P&R)
and transfer $150,000 to Community
Development to account for the
construction and land inspection services
in that department
Property - 1,242 1,242
Transferring in the portion of the budget
related to the purchase of land at the
PW yard (13.8%) from the original budget
in the Fire Department
TOTAL: PUBLIC WORKS (230,837)
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Proposed Budget Amendment
Fiscal Year 2020
GENERAL FUND
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
EXPENDITURES BY DEPARTMENT:
PARKS & RECREATION (ACTIVE)
C leaning Services 30,774 599 31,373
Increase to account for the higher than
anticipated janitorial services expenses
o ffset by savings realized through the
facilities technician services contract in
Public Works
Grounds Repair & Maintenance 81,879 1,000 82,879
Increase to account for a donation from
Milton Boys Feeder LAX for improvements
to the Cox Road facility
Maintenance Contracts 233,639 91,587 325,226
Transfer in from Contingency to account
for higher than anticipated expenses
related to the IGA with the City of
Alpharetta
Other Purchased Services 4,620 32,500 37,120
Transfer in from Contingency to account
for additional expenses related to the
need for portable bathrooms at the
Former Milton Country Club
TOTAL: PARKS & RECREATION (ACTIVE)125,686
PASSIVE PARKS/GREENSPACE
Professional Fees 575 11,802 12,377
Transferring in from Public Works to
account for survey work related to the
purchase of Birmingham Park land from
Fulton County
Grounds Repair & Maintenance 31,293 30,600 61,893
Increase to account for authorized
vegetation control along the trails at
Birmingham Park
Property - 7,065 7,065
Transferring in the portion of the budget
related to the purchase of land at
Birmingham Park (78.5%) from the
original budget in the Fire Department
TOTAL: PASSIVE PARKS/GREENSPACE 49,467
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Proposed Budget Amendment
Fiscal Year 2020
GENERAL FUND
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
EXPENDITURES BY DEPARTMENT:
COMMUNITY DEVELOPMENT
Salaries & Wages 947,296 (50,000) 897,296 Reduce the budget to account for
savings related to position vacancies
Professional Fees 354,455 70,000 424,455
The overall increase is the result of: the
transfer of $150,000 from Public Works for
construction and land inspection services
which has been offset by the reduction
of $80,000 resulting from the deferral of
the project to review the form based
codes for the Crabapple and Deerfield
areas ($50,000) as well as the deferral of
the review of the Solid Waste Plan
($30,000)
TOTAL: COMMUNITY DEVELOPMENT 20,000
DEBT SERVICE
Bond Principal 643,000 (643,000) -
Bond Interest 534,201 (534,201) -
TOTAL: DEBT SERVICE (1,177,201)
CONTINGENCY
Contingency 264,448 (159,005) 105,443
Transfer the budget to the corresponding
departments to account for the
following unanticipated expenses:
$12,246 in common area maintenance
expenses related to the Deerfield lease,
$22,672 to replace officers' laptops,
$91,587 for higher than anticipated
expenses related to the IGA with the City
of Alpharetta, and $32,500 to account
for higher than anticipated expenses
related to the need for portable
bathrooms at the Former Milton Country
Club
TOTAL: CONTINGENCY (159,005)
Transferring the budgets for debt service
related to revenue bond issuances to the
Revenue Bond Fund ($1,159,816) The
remaining $17,385 from original debt
estimates for issuance made in October
to be released to offset other expenses
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Proposed Budget Amendment
Fiscal Year 2020
GENERAL FUND
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
EXPENDITURES BY DEPARTMENT:
OTHER FINANCING USES
Operating Transfer Out to Capital Projects Fund 4,894,518 82,536 4,977,054
Transferring the budget for obtaining
vehicles for the two new officers
(approved M&O initiative) to the Capital
Projects Fund
Operating Transfer Out to Revenue Bond Fund - 1,158,509 1,158,509
Transferring the budgets for debt service
related to revenue bond issuances to the
Revenue Bond Fund
TOTAL: OTHER FINANCING USES 1,241,045
TOTAL EXPENDITURES $ (507,264)
Total Revenues Over/(Under) Expenditures (856,195)$
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FY 2020
Current
Budget
Requested
Amendment
Total
Amended
Budget
Revenues 97,000$ (40,400)$ 56,600$
Expenditures 120,688$ -$ 120,688$
Total Revenues Over/(Under)
Expenditures (23,688)$ (40,400)$ (64,088)$
Beginning Fund Balance 71,176$ 71,176$
ENDING FUND BALANCE 47,488$ 7,088$
FY 2020
Current
Budget
Requested
Amendment
Total
Amended
Budget
Revenues 80,000$ (35,000)$ 45,000$
Expenditures 80,000$ (35,000)$ 45,000$
Total Revenues Over/(Under)
Expenditures -$ -$ -$
Beginning Fund Balance -$ -$
ENDING FUND BALANCE -$ -$
FY 2020
Current
Budget
Requested
Amendment
Total
Amended
Budget
Revenues 980,000$ 80,000$ 1,060,000$
Expenditures 980,000$ 80,000$ 1,060,000$
Total Revenues Over/(Under)
Expenditures -$ -$ -$
Beginning Fund Balance -$ -$
ENDING FUND BALANCE -$ -$
Special Revenue Funds Budget Summaries
SPECIAL EVENTS FUND
E-911 FUND
HOTEL/MOTEL TAX FUND
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SPECIAL EVENTS FUND & HOTEL/MOTEL TAX FUND
The Special Events Fund is used to track revenues and expenditures associated with running the City’s special events. The primary revenue
source for this fund is an interfund transfer in from the Hotel/Motel Tax Fund. A decrease in tax revenues anticipated as a result of COVID-
19 in the Hotel/Motel Tax Fund also results in a request to decrease the interfund transfer line items between the two funds of $35,000.
Revenue anticipation updates to the vendor fees and sponsorships for Crabapple Fest and contributions received from the Gas South
Partnership have also been requested.
Proposed Budget Amendments
Fiscal Year 2020
SPECIAL EVENTS FUND
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
CHARGES FOR SERVICE
Crabapple Fest Vendor Fee - 1,100 1,100
TOTAL: CHARGES FOR SERVICE 1,100
CONTRIBUTIONS & DONATIONS
Crabapple Fest Sponsor 15,000 (7,500) 7,500
Private Entity Contributions/Gas South Partnership - 1,000 1,000
TOTAL: CONTRIBUTIONS & DONATIONS (6,500)
OTHER FINANCING SOURCES
Operating Transfers In From Hotel/Motel Tax Fund 80,000 (35,000) 45,000
TOTAL: OTHER FINANCING SOURCES (35,000)
TOTAL REVENUES $ (40,400)
Total Revenues Over/(Under) Expenditures (40,400)$
Change in revenue recognition
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Proposed Budget Amendments
Fiscal Year 2020
HOTEL/MOTEL TAX FUND
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
TAXES
HOTEL/MOTEL EXCISE TAX 80,000 (35,000) 45,000
TOTAL: INTERGOVERNMENTAL (35,000)
TOTAL REVENUES $ (35,000)
EXPENDITURES:
OPERATING TRANSFERS OUT TO SPECIAL EVENTS FUND 80,000 (35,000) 45,000
Decrease to account for reduction in
anticipated revenues in FY 2020 that will be
available for transfer to the Special Events
Fund
TOTAL EXPENDITURES $ (35,000)
Total Revenues Over/(Under) Expenditures -$
Change in revenue recognition
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E-911 FUND
The City’s E-911 Fund accounts for the revenues and monthly payments related to providing emergency 911 services to the
community. Milton currently has an Intergovernmental Agreement with the City of Alpharetta and 100% of all revenue collections are
passed on to them to cover Milton’s share of the expenses related to the program. In FY 2020 revenue and corresponding expenditure
anticipations are anticipated to increase by $80,000.
Proposed Budget Amendments
Fiscal Year 2020
E-911 FUND
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
CHARGES FOR SERVICES
Public Safety/E-911 Charges 980,000 80,000 1,060,000 Change in revenue recognition
TOTAL: CHARGES FOR SERVICES 80,000
TOTAL REVENUES $ 80,000
EXPENDITURES BY DEPARTMENT:
Police 980,000 80,000 1,060,000
Increase to account for the additional
revenues anticipated for FY 2020
100% of the E-911 revenues received are sent
to the City of Alpharetta to cover Milton's
share of the E-911 center as outlined in the
current IGA between the cities
TOTAL: POLICE 80,000
TOTAL EXPENDITURES $ 80,000
Total Revenues Over/(Under) Expenditures -$
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FY 2020
Current
Budget
Requested
Amendment
Total
Amended
Budget
Revenues 5,052,518$ 480,609$ 5,533,127$
Expenditures 13,532,111$ 529,950$ 14,062,061$
Total Revenues Over/(Under)
Expenditures (8,479,593)$ (49,340)$ (8,528,934)$
Beginning Fund Balance 8,532,749$ 8,532,749$
ENDING FUND BALANCE 53,155$ 3,815$
FY 2020
Current
Budget
Requested
Amendment
Total
Amended
Budget
Revenues 1,927,095$ (57,980)$ 1,869,115$
Expenditures 9,351,206$ (34,085)$ 9,317,120$
Total Revenues Over/(Under)
Expenditures (7,424,111)$ (23,895)$ (7,448,005)$
Beginning Fund Balance 7,536,608$ 7,536,608$
ENDING FUND BALANCE 112,497$ 88,602$
FY 2020
Current
Budget
Requested
Amendment
Total
Amended
Budget
Revenues 6,500,000$ (807,453)$ 5,692,547$
Expenditures 17,181,402$ -$ 17,181,402$
Total Revenues Over/(Under)
Expenditures (10,681,402)$ (807,453)$ (11,488,855)$
Beginning Fund Balance 13,950,834$ 13,950,834$
ENDING FUND BALANCE 3,269,433$ 2,461,980$
Capital Projects Funds Budget Summaries
CAPITAL PROJECTS FUND
GREENSPACE BOND FUND
TSPLOST FUND
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DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
FY 2020
Current
Budget
Requested
Amendment
Total
Amended
Budget
Revenues 1,269,359$ 24,054$ 1,293,413$
Expenditures 2,119,725$ 24,147$ 2,143,872$
Total Revenues Over/(Under)
Expenditures (850,366)$ (93)$ (850,459)$
Beginning Fund Balance 850,459$ 850,459$
ENDING FUND BALANCE 93$ 0$
FY 2020
Current
Budget
Requested
Amendment
Total
Amended
Budget
Revenues 875,500$ (125,000)$ 750,500$
Expenditures 3,782,040$ (27,347)$ 3,754,694$
Total Revenues Over/(Under)
Expenditures (2,906,540)$ (97,653)$ (3,004,194)$
Beginning Fund Balance 3,004,194$ 3,004,194$
ENDING FUND BALANCE 97,654$ 0$
FY 2020
Current
Budget
Requested
Amendment
Total
Amended
Budget
Revenues 19,106,563$ 9,715,947$ 28,822,510$
Expenditures 17,559,910$ 9,543,039$ 27,102,950$
Total Revenues Over/(Under)
Expenditures 1,546,653$ 172,908$ 1,719,560$
Beginning Fund Balance (1,546,653)$ (1,546,653)$
ENDING FUND BALANCE -$ 172,908$
REVENUE BOND FUND
Capital Projects Funds Budget Summaries
CAPITAL GRANT FUND
IMPACT FEES FUND
22 of 32
DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
CAPITAL PROJECTS FUND
The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition, and maintenance.
Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the
City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3
years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset.
Proposed Budget Amendments
Fiscal Year 2020
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
CHARGES FOR SERVICE
Landfill Use Fees 48,000 (6,000) 42,000
TOTAL: CHARGES FOR SERVICE (6,000)
OTHER FINANCING SOURCES
Operating Transfers In From General Fund 4,894,518 82,536 4,977,054
Operating Transfers In From Capital Grant Funding - 169,938 169,938
Operating Transfers In From Impact Fee Fund/Roads - 234,135 234,135
TOTAL: OTHER FINANCING SOURCES 486,609
TOTAL REVENUES 480,609
EXPENDITURES BY PROJECT:
Vehicles/Replacement Reserve (PD)226,857 82,536 309,393
Transferring the budget for obtaining
vehicles for the two new officers
(approved M&O initiative) from the
General Fund
CAPITAL PROJECTS FUND
Change in Revenue Recognition
23 of 32
DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
Proposed Budget Amendments
Fiscal Year 2020
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
EXPENDITURES BY PROJECT:
Pavement Management 2,244,469 563,032 2,807,502
Amend budget to account for actual
revenue received for Infrastructure
Maintenance Fees and Landfill Use Fees
over budget from FY 2019 $32,247 and
projected decrease in revenue
expectations for FY 2020 $(6,000);
Increase project budget to address the
five-year plan to retain a pavement
condition index (PCI) of 70 (covered by
a transfer in from the Capital Grant Fund
$169,938, the recovery of impact fee
eligible funds from the Freemanville @
Providence Road intersection
improvement project $234,135 and a
transfer from contingency of $132,712)
Fuel Management System 2,580 4,340 6,920
Transfer from contingency to account for
upgrades to the fuel management
system for recording fuel delivery and
usage
Infrastructure/Bell Memorial Park 39,279 17,000 56,279
Increase to account for donations
towards the lacrosse wall at Bell
Memorial Park
Site Improvements/Tree Recompense 109,230 93 109,323
Increase to account for additional
revenues received over budget in FY
2019 $93
Contingency 147,450 (137,052) 10,398
Decreased to cover requests that are
not covered by interdepartmental
transfers ($4,340 to the Fuel
Management System account and
$132,712 to the Pavement Management
account)
TOTAL EXPENDITURES 529,950
Total Revenues Over/(Under) Expenditures (49,340)$
CAPITAL PROJECTS FUND
24 of 32
DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
GREENSPACE BOND FUND
This fund was set up to account for the bond proceeds and related purchases approved in the greenspace bond referendum and the
corresponding debt service. Budget amendments related to property tax collections and investment income anticipated have been
requested.
Proposed Budget Amendments
Fiscal Year 2020
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
TAXES
Real Property - Current Year 1,683,096 14,000 1,697,096
Real Property - Prior Year - 13,100 13,100
Penalties & Interest On Delinquent Taxes - 2,570 2,570
TOTAL: TAXES 29,670
INVESTMENT INCOME
Interest (Regions) 200,000 (125,000) 75,000
TOTAL: INVESTMENT INCOME (125,000)
MISCELLANEOUS REVENUE
Other Miscellaneous Revenue - 37,350 37,350
TOTAL: MISCELLANEOUS REVENUE 37,350
TOTAL REVENUES $ (57,980)
GREENSPACE BOND FUND
Change in revenue recognition
25 of 32
DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
Proposed Budget Amendments
Fiscal Year 2020
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
EXPENDITURES BY PROJECT:
Land Conservation 7,637,331 (34,085) 7,603,245
TOTAL EXPENDITURES $ (34,085)
Total Revenues Over/(Under) Expenditures (23,895)$
GREENSPACE BOND FUND
The overall decrease to the project
budget is a result of: recognizing
a ctual investment revenue
received over budget in FY 2019
$53,565 and a broker rebate on
the Freemanville Road property
purchase $37,350 offset by
anticipated changes in revenue
expectectation for investment
incvome in FY 2020 $(125,000)
26 of 32
DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
TSPLOST FUND
The TSPLOST Fund has been set up to account for the proceeds of the transportation local option sales tax and the various improvement
projects outlined in the program. A budget amendment to recognize an increase in investment income anticipated has been requested.
Proposed Budget Amendments
Fiscal Year 2020
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
TAXES
Transportation Sepcial Purpose Local option
Sales Tax 6,300,000 (757,453) 5,542,547
TOTAL: INVESTMENT INCOME (757,453)
INVESTMENT INCOME
Interest 200,000 (50,000) 150,000
TOTAL: INVESTMENT INCOME (50,000)
TOTAL REVENUES $ (807,453)
Total Revenues Over/(Under) Expenditures (807,453)$
TSPLOST FUND
Change in revenue recognition
27 of 32
DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
CAPITAL GRANT FUND
The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major capital projects. City
staff have identified new opportunities across multiple grant programs and the corresponding amendments account for the grant funding and
expenses as well as the City’s required matches.
Proposed Budget Amendments
Fiscal Year 2020
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
INTERGOVERNMENTAL
State Gov Grant/LMIG Funds 405,528 39,245 444,773
Federal Gov Grant/Smart Communities Challenge 65,191 (15,191) 50,000
TOTAL: INTERGOVERNMENTAL 24,054
TOTAL REVENUES $ 24,054
EXPENDITURES BY PROJECT:
Pavement Management 405,528 39,245 444,773
Increase budget to account for
actual revenue received over
budget in FY 2020
Infrastructure/SR372 (Crabapple @ Birmingham)169,938 (169,938) -
Project is complete - release
contingency funds to transfer to
p avement management in the
Capital Projects Fund
Park & Trail Expansion 235,993 27,593 263,586
Increase to account for costs
related to grade requirements set
out in the grant for the trail at
Providence Park
CAPITAL GRANT FUND
Change in revenue
recognition/carryover of grant
r evenue expectations for ongoing
projects
28 of 32
DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
Proposed Budget Amendments
Fiscal Year 2020
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
EXPENDITURES BY PROJECT:
Professional Fees/Smart Communities Challenge 104,793 (42,691) 62,102
Decrease to account for the in-
kind City match which can be
addressed through the use of
salaries budgeted in the General
Fund
Operating Transfer Out to Capital Projects Fund - 169,938 169,938
Increase to account for transfer of
funds from the completed
intersection improvement project
SR372 (Crabapple @ Birmingham)
to the Pavement Management
account in the Capital Projects
Fund
TOTAL EXPENDITURES $ 24,147
Total Revenues Over/(Under) Expenditures (93)$
CAPITAL GRANT FUND
29 of 32
DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
IMPACT FEE FUND
The Impact Fee Fund accounts for revenues and expenditures related to the City’s impact fee program as approved in October 2015.
Impact fees across all categories are coming in lower than anticipated and a reduction in the revenue lines and related expenditure lines for
each project is being requested. Additionally, a transfer out to the Capital Projects Fund of impact fees to cover eligible expenses for the
intersection improvement project at Freemanville @ Providence is being requested.
Proposed Budget Amendments
Fiscal Year 2020
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
CHARGES FOR SERVICES
Impact Fees/Admin Fund 30,000 (8,000) 22,000
Impact Fees/Law Enforcement Fund 13,000 (3,000) 10,000
Impact Fees/Fire Fund 72,500 (17,000) 55,500
Impact Fees/Road Fund 110,000 (41,000) 69,000
Impact Fees/Park Fund 650,000 (56,000) 594,000
TOTAL: CHARGES FOR SERVICES (125,000)
TOTAL REVENUES $ (125,000)
IMPACT FEES FUND
Change in revenue recognition
30 of 32
DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
Proposed Budget Amendments
Fiscal Year 2020
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
EXPENDITURES BY PROJECT:
SR9 Court/Fire/Police Complex 73,437 (3,424) 70,012
Site Improvements/Station 42 Replacement 319,372 (10,240) 309,132
Trails/Park & Trail Expansion 3,063,327 22,756 3,086,084
Professional Fees 59,195 (3,865) 55,330
Infrastructure/Freemanville @ Providence 152,967 (152,967) -
Infrastructure/Bethany @ Providence 113,742 (113,742) -
Operating Transfer Out to Capital Projects/Road - 234,135 234,135
TOTAL EXPENDITURES $ (27,347)
Total Revenues Over/(Under) Expenditures (97,653)$
IMPACT FEES FUND
Adjustments to account for FY 2019
actuals over budget and updated
projections for FY 2020
Transferring the budget for impact
fee eligible expenses on the
Freemanville @ Providence
intersection improvement project
that were booked in the Capital
Projects Fund
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DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
REVENUE BOND FUND
The Revenue Bond Fund accounts for revenues and expenditures related to the City’s revenue bond issuances. The following requests
account for proceeds collected in FY 2020 and corresponding debt service expenses including the refunding of the 2014 bond series
into the newly issued 2019 bond series.
Proposed Budget Amendments
Fiscal Year 2020
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
INVESTMENT INCOME
Interest - 170,338 170,338
TOTAL: INVESTMENT INCOME 170,338
OTHER FINANCING SOURCES
Operating Transfers In From General Fund - 1,158,509 1,158,509
Revenue Bond Proceeds 19,106,563 8,387,100 27,493,663
TOTAL: OTHER FINANCING SOURCES 9,545,609
TOTAL REVENUES $ 9,715,947
EXPENDITURES BY PROJECT:
Bond Principal - 8,511,627 8,511,627
Bond Interest - 528,509 528,509
Fiscal Agent's Fees - 114,971 114,971
Issuance Costs - 387,932 387,932
TOTAL EXPENDITURES $ 9,543,039
Total Revenues Over/(Under) Expenditures 172,908$
REVENUE BOND FUND
Change in revenue recognition
Adjustments to account for
allocation of bond proceeds and
transferring the debt service on the
C ity's revenue bonds to the
Revenue Bond Fund
32 of 32
DocuSign Envelope ID: 667BC3E0-11B2-4142-BC4F-55B42C08151A
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 26, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Amendments to Chapter 32 of the
Milton City Code, to Prohibit the Use of Vaping Products on
City-Owned Property.
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: F17AE35C-4957-426E-A476-C371C0138429
X
X
X
June 1, 2020
X
To: Honorable Mayor and City Council Members
From: Jim Cregge, Parks and Recreation Director
Date: Submitted on April 30, 2020 for First Presentation on May 18
2020 Regular Council Meeting and Unfinished Business on
June 1, 2020 Regular Council Meeting
Agenda Item: Consideration of Amendments to Chapter 32 of the Milton
City Code, to Prohibit the Use of Vaping Products on City-
Owned Property.
____________________________________________________________________________
Department Recommendation:
Staff is recommending the Adoption of the Proposed Changes to Chapter 32 of
The Milton City Code.
Executive Summary:
Staff is proposing changes to Chapter 32 of the Milton City Code. The proposed
change is to define all forms of tobacco consumption, smoked, smokeless and
vaping and to prohibit the use of all forms of tobacco consumption at all City
owned facilities as part of Chapter 32 – Offenses and Miscellaneous Provisions.
Funding and Fiscal Impact:
The adoption of this proposed change will not have any financial impact on the
City.
Alternatives:
If this proposed change is not accepted, then the existing no smoking
ordinance in Chapter 34 will prevail.
DocuSign Envelope ID: 8277FCB5-D4A9-4B96-A489-4EBD9C844CF4
Legal Review:
Sam VanVolkenburgh – Jarrard & Davis, March 19, 2020.
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
1) Proposed Changes to Chapter 32 of the Milton City Code
DocuSign Envelope ID: 8277FCB5-D4A9-4B96-A489-4EBD9C844CF4
1
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO PROHIBIT TOBACCO PRODUCTS AND VAPOR PRODUCTS ON
CITY PROPERTY AND DELETE DUPLICATE ORDINANCES RELATED TO SPECIAL EVENTS
The Council of the City of Milton hereby ordains, while in regularly called Council
meeting on the _______ day of _______, 2020 at 6:00 p.m., as follows:
WHEREAS, pursuant to Section 1.12 of the City Charter, the City is authorized to
control its property and regulate practices detrimental to the health and safety
of the public; and,
WHEREAS, the City Council has determined that it is in the public interest to
regulate the use of tobacco products, and vapor products on City property; and,
WHEREAS, the City Council has separately determined that certain ordinance
language relating to special events in City parks is duplicative of language
elsewhere in the Milton Code, and desires to delete the duplicative text;
NOW THEREFORE:
1. Chapter 32, Article 2, Division 5, Section 32-113 of The Code of Ordinances
of the City of Milton, Georgia, is hereby deleted and replaced with the text
shown in the attached Exhibit A.
ORDAINED this _________ day of ______________, 2020.
Approved:
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
2
EXHIBIT A
Section 32-113 Prohibition on the use of tobacco products or vapor products on
City-owned property.
(a) Definitions – The following words as used in this section shall have the
following prescribed meanings:
1) Tobacco product is defined as cigars, cigarettes, little
cigars, loose tobacco, smokeless tobacco (chewing
tobacco and dry and moist snuff, including snus), or
any other product derived from tobacco or any of its
derivates.
2) Use is defined as inhaling, exhaling, burning or carrying
a lighted combustible product, producing vapor from a
vapor product, chewing, sniffing, ingesting or otherwise
consuming a product.
3) Vapor product is defined as any noncombustible
product that employs a heating element, power
source, electronic circuit, or other electronic, chemical,
or mechanical means, regardless of shape or size that
can be used to produce vapor from nicotine or any
other substance intended for inhalation, in a solution or
any other form. It includes any electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or
similar product or device and any vapor cartridge or
other container of a solution or other form that is
intended to be used with or in an electronic device.
(b) It shall be unlawful for any person to use any tobacco product or
vapor product on any City-owned property, other than in designated
areas, if any.
(c) Any person who is convicted of violating this section shall be punished
in a manner consistent with general penalty section 1-5 of the City
Code of Ordinances.
3
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 26, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Amendments to Chapter 34 of the Milton
City Code, to Prohibit the Use of Vaping Products in City Parks
and to Eliminate Article 3: Special Events.
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 9D86D90A-EEF6-4F88-9D18-5AD03BF34C63
X
X
June 1, 2020
X
X
To: Honorable Mayor and City Council Members
From: Jim Cregge, Parks and Recreation Director
Date: Submitted on April 30, 2020 for First Presentation on May 18,
2020 Regular Council Meeting and Unfinished Business on
June 1, 2020 Regular Council Meeting
Agenda Item: Consideration of Amendments to Chapter 34 of the Milton
City Code, to Prohibit the Use of Vaping Products in City Parks
and to Eliminate Article 3: Special Events
______________________________________________________________________________
Department Recommendation:
Staff is recommending the Adoption of the Proposed Changes to Chapter 34 of
The Milton City Code.
Executive Summary:
Staff is proposing two changes to Chapter 34 of the Milton City Code. The first
proposed change is to refer to all forms of tobacco consumption, smoked,
smokeless and vaping and to prohibit the use of all forms of tobacco
consumption at all City parks as is defined in Chapter 32 – Offenses and
Miscellaneous Provisions. The second change is to eliminate entirely Article 3:
Special Events as this is defined in Chapter 64 under the City Zoning ordinances
Funding and Fiscal Impact:
The adoption of these proposed changes will not have any financial impact on
the City.
Alternatives:
DocuSign Envelope ID: 77DD20F8-BE53-44FD-B0CC-5806B747E67B
If these proposed changes are not accepted, then the existing no smoking
ordinance in Chapter 34 will prevail.
Legal Review:
Sam VanVolkenburgh – Jarrard & Davis, March 19, 2020.
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
1) Proposed Changes to Chapter 34 of the Milton City Code
DocuSign Envelope ID: 77DD20F8-BE53-44FD-B0CC-5806B747E67B
1
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO PROHIBIT TOBACCO PRODUCTS AND VAPOR PRODUCTS ON
CITY PROPERTY AND DELETE DUPLICATE ORDINANCES RELATED TO SPECIAL EVENTS
The Council of the City of Milton hereby ordains, while in regularly called Council
meeting on the _______ day of _______, 2020 at 6:00 p.m., as follows:
WHEREAS, pursuant to Section 1.12 of the City Charter, the City is authorized to
control its property and regulate practices detrimental to the health and safety
of the public; and,
WHEREAS, the City Council has determined that it is in the public interest to
regulate the use of tobacco products, and vapor products on City property; and,
WHEREAS, the City Council has separately determined that certain ordinance
language relating to special events in City parks is duplicative of language
elsewhere in the Milton Code, and desires to delete the duplicative text;
NOW THEREFORE:
1. Chapter 34, Article 2, Section 32-22, Subsection (n) of The Code of
Ordinances of the City of Milton, Georgia, is hereby deleted and replaced
with the text show in the attached Exhibit B.
2. Chapter 34, Article 3 of The Code of Ordinances of the City of Milton,
Georgia, is hereby deleted.
ORDAINED this _________ day of ______________, 2020.
Approved:
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
2
EXHIBIT A
Section 32-113 Prohibition on the use of tobacco products or vapor products on
City-owned property.
(a) Definitions – The following words as used in this section shall have the
following prescribed meanings:
1) Tobacco product is defined as cigars, cigarettes, little
cigars, loose tobacco, smokeless tobacco (chewing
tobacco and dry and moist snuff, including snus), or
any other product derived from tobacco or any of its
derivates.
2) Use is defined as inhaling, exhaling, burning or carrying
a lighted combustible product, producing vapor from a
vapor product, chewing, sniffing, ingesting or otherwise
consuming a product.
3) Vapor product is defined as any noncombustible
product that employs a heating element, power
source, electronic circuit, or other electronic, chemical,
or mechanical means, regardless of shape or size that
can be used to produce vapor from nicotine or any
other substance intended for inhalation, in a solution or
any other form. It includes any electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or
similar product or device and any vapor cartridge or
other container of a solution or other form that is
intended to be used with or in an electronic device.
(b) It shall be unlawful for any person to use any tobacco product or
vapor product on any City-owned property, other than in designated
areas, if any.
(c) Any person who is convicted of violating this section shall be punished
in a manner consistent with general penalty section 1-5 of the City
Code of Ordinances.
3
EXHIBIT B
Section 34-22. – Prohibited Acts
(n) Use of Tobacco Products and Vapor Products. It shall be unlawful for any
person to use any tobacco product or vapor product (each as defined in
Chapter 32, Article 2, Division 5, Section 32-113 of the Milton Code) in any
municipal public park, other than in designated areas, if any.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 26, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance Authorizing the Conditional
Operation of Personal Transportation Vehicles on Designated
City Streets.
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 337A6767-5D63-494A-ABCE-941A73A1F45F
X
June 1, 2020
X
X
X
To: Honorable Mayor and City Council Members
From: Rich Austin, Chief of Police
Date: Submitted on May 11, 2020 for the May 18, 2020 Regular City
Council Meeting and Unfinished Business on June 1, 2020 Regular
City Council Meeting
Agenda Item: An Ordinance Authorizing the Conditional Operation of Personal
Transportation Vehicles on Designated City Streets
_____________________________________________________________________________________
Department Recommendation:
Approval.
Executive Summary:
Georgia law, at O.C.G.A. § 40-6-331 provides authority for cities to designate, by
ordinance, certain streets or portions thereof under its regulation and control for
Personal Transportation Vehicle (PTV) operation and use and authorizes cities to
establish the conditions under which PTVs may be operated upon such streets, subject
to state law minimum standards and requirements. The attached Ordinance is drafted
in accordance with and incorporates these minimum state standards.
A few key points:
• PTVs must have certain equipment
• PTV operators must be properly licensed to operate vehicles on the roadway
• PTV operation is limited to City streets with a maximum speed limit of 25 mph
• PTV operations on City streets remain subject to all applicable traffic laws
The Ordinance, if approved by the City Council, would authorize the conditional
operation of PTVs on designated City streets. As drafted, the proposed Ordinance
would amend the City’s Code to add a new Article V to be titled “Personal
Transportation Vehicles” under Chapter 56 (Traffic and Vehicles).
Pursuant to O.C.G.A. § 40-6-368, City streets designated with a maximum speed limit of
25 mph have been determined by a qualified traffic engineer to accommodate PTVs
without adversely impacting traffic safety or the travel needs of commuters and other
users.
Funding and Fiscal Impact:
None.
DocuSign Envelope ID: 9610ED6B-D7C1-4689-A798-796E8D1A936B
Page 2 of 2
Alternatives:
The City Council has the discretion to decide whether or not to allow the operation of
Personal Transportation Vehicles (PTVs) on City streets, subject to the requirements and
limitations of state law.
Legal Review:
Jeff Strickland, Jarrard and Davis,
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Proposed Ordinance and Code amendment language.
DocuSign Envelope ID: 9610ED6B-D7C1-4689-A798-796E8D1A936B
1
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
AN ORDINANCE AUTHORIZING THE CONDITIONAL
OPERATION OF PERSONAL TRANSPORTATION VEHICLES
ON DESIGNATED CITY STREETS
WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of
Milton, Georgia, has the power to adopt reasonable ordinances, resolutions and regulations for
the protection and preservation of the public health, safety and welfare of its citizens; and
WHEREAS, pursuant to O.C.G.A. § 40-6-331(a), the City is authorized to designate, by
ordinance, certain public streets or portions thereof that are under its regulation and control for
the combined use of personal transportation vehicles (“PTVs”) and regular vehicular traffic and
establish the conditions under which PTVs may be operated upon such streets or portions thereof,
including without limitation the conditions under which a person may operate PTVs on such
designated streets or portions thereof; and
WHEREAS, pursuant to O.C.G.A. § 40-6-368, joint use of City streets by personal
transportation vehicles and regular vehicular traffic must be limited to streets with a speed limit
of 25 miles per hour or less and only on streets that have been determined by a qualified traffic
engineer to accommodate personal transportation vehicles without adversely impacting traffic
safety or the travel needs of commuters and other users; and
WHEREAS, pursuant to O.C.G.A. § 40-6-331(c), the City shall erect signs on every
highway which comprises a part of the state highway system at that point on the highway which
intersects the corporate limits of the City and this Ordinance shall not be effective unless and until
such signs are properly posted; and
WHEREAS, in the interests of the health, safety, and general welfare of the citizens of the
City, the Mayor and Council desire to exercise their authority to adopt an ordinance authorizing
the conditional operation of PTVs on designated City streets; and
WHEREAS, appropriate notice and hearing on the ordinance contained herein have been
carried out according to general and local law.
NOW THEREFORE, the Council of the City of Milton hereby ordains, while in a regularly
called council meeting on June 1, 2020, at 6:00 p.m., as follows:
SECTION 1. The Code of Ordinances of the City of Milton, Georgia, is hereby amended
to add a new Article V to be titled “Personal Transportation Vehicles” under Chapter 56 (Traffic
and Vehicles) as provided in Exhibit A attached hereto and incorporated herein by this reference.
2
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. In accordance with O.C.G.A. § 40-6-331(c), signs shall be erected on every
highway which comprises a part of the state highway system at that point on the highway which
intersects the corporate limits of the City. Such signs shall be at least 24 by 30 inches in area and
shall warn approaching motorists that PTVs are authorized for use on designated City streets. All
costs associated with such signs shall be funded entirely by the City.
SECTION 4. This Ordinance shall become effective immediately once the required
signage has been properly posted.
SO ORDAINED this the 1st day of June 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
EXHIBIT A
THE CODE OF ORDINANCES OF THE CITY OF MILTON, GEORGIA
Chapter 56 – TRAFFIC AND VEHICLES
ARTICLE V. – PERSONAL TRANSPORTATION VEHICLES
Sec. 56-91. – Definitions.
As used in this Article, the following terms and phrases shall have the meaning indicated
unless otherwise specifically provided:
City. The term “city” means the City of Milton, a Georgia municipal corporation.
Highway. The term “highway” or “street” means the entire width between the boundary
lines of every way publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel.
License or license to operate a motor vehicle. The term “license” or “license to operate a motor
vehicle” means any driver’s license or any other license or permit to operate a motor vehicle
issued under, or granted by, the laws of this state, including:
(A) Any temporary license or instruction permit;
(B) The privilege of any person to drive a motor vehicle whether or not such person holds
a valid license; and
(C) Any privilege conferred upon a person who is not a resident of this state by the laws
of this state pertaining to the operation by such person of a motor vehicle or the use of a
vehicle owned by such person in this state.
Motor vehicle. The term “motor vehicle” means every vehicle which is self-propelled other
than an electric assisted bicycle or an electric personal assistive mobility device (EPAMD) (as
defined in O.C.G.A. § 40-1-1(15.3) and (15.4)).
Personal transportation vehicle or PTV. The term “personal transportation vehicle” or “PTV”
means any motor vehicle:
(A) With a minimum of four wheels;
(B) Capable of a maximum level ground speed of less than 20 miles per hour;
(C) With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and
4
(D) Capable of transporting not more than eight persons.
The term does not include mobility aids, including electric personal assistive mobility
devices, power wheelchairs, and scooters, that can be used indoors and outdoors for the
express purpose of enabling mobility for a person with a disability. The term also does
not include any all-terrain vehicle or multipurpose off-highway vehicle (as defined in
O.C.G.A. § 40-1-1(3) and (33.1)).
Street. The term “street” or “highway” means the entire width between the boundary lines
of every way publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel.
Vehicle. The term “vehicle” means every device in, upon, or by which any person or
property is or may be transported or drawn upon a highway, excepting devices used exclusively
upon stationary rails or tracks.
Sec. 56-92. – Conditional Operation Allowed.
Subject to the terms and conditions of this Article, and in accordance with state law,
including but not limited to the Official Code of Georgia, Title 40 (Motor Vehicles and Traffic),
Chapter 6 (Uniform Rules of the Road), Article 13 (Special Provisions for Certain Vehicles), Part
3 (Personal Transportation Vehicles) and Part 6 (Vehicle Transportation Plan), the operation of
personal transportation vehicles shall be allowed.
Sec. 56-93. – Designated Streets Approved for PTV Operation.
Personal transportation vehicles shall only be operated on streets that meet all of the
following criteria:
(a) Are under the regulation and control of the city;
(b) Have a speed limit of 25 miles per hour or less; and
(c) Have been determined by a qualified traffic engineer to accommodate personal
transportation vehicles without adversely impacting traffic safety or the travel needs
of commuters and other users.
Sec. 56-94. – Minimum PTV Equipment Requirements.
All personal transportation vehicles shall be equipped with:
(a) A braking system sufficient for the weight and passenger capacity of the vehicle,
including a parking brake;
(b) A reverse warning device functional at all times when the directional control is in the
reverse position;
5
(c) A main power switch. When the switch is in the “off” position, or the key or other
device that activates the switch is removed, the motive power circuit shall be
inoperative. If the switch uses a key, it shall be removable only in the “off” position;
(d) Head lamps;
(e) Reflex reflectors;
(f) Tail lamps;
(g) A horn;
(h) A review mirror;
(i) Safety warning labels; and
(j) Hip restraints and hand holds or a combination thereof.
Sec. 56-95. – PTV Operators.
An operator of a personal transportation vehicle shall possess a valid driver’s license and
shall comply with the financial responsibility requirements for passenger vehicle operators when
operating a personal transportation vehicle on any public street.
Sec. 56-96. – Use of Lanes.
(a) All personal transportation vehicles authorized by this Article are entitled to full use
of a lane, and no motor vehicle shall be driven in such manner as to deprive a personal
transportation vehicle of the full use of a lane.
(b) The operator of a personal transportation vehicle shall not overtake and pass in the
same lane occupied by the vehicle being overtaken.
(c) No person shall operate a personal transportation vehicle between lanes of traffic or
between adjacent lines or rows of vehicles.
(d) Personal transportation vehicles shall not be operated two or more abreast in a single
lane.
Sec. 56-97. – Street or Highway Crossings.
(a) State Highways. Personal transportation vehicles may cross streets and highways that
are part of the state highway system only at crossings or intersections designated for
6
that purpose and which are constructed as an active grade crossing in accordance with
the Manual on Uniform Traffic Control Devices. PTV crossings shall be indicated by
warning sign W11-11 of the Standard Highway Signs and be clearly visible in both
directions by vehicles traversing the highway which is being crossed or intersected by
PTVs.
(b) City Streets. Personal transportation vehicles may cross city streets only at crossings or
intersections designated for that purpose.
(c) Crosswalks. No operator of a personal transportation vehicle shall use a pedestrian
crosswalk to cross any street or highway, unless such crosswalk is marked and/or
designated by the city as approved for PTV use.
Sec. 56-98. – Signage Requirements.
Signs shall be erected on every highway which comprises a part of the state highway
system at that point on the highway which intersects the corporate limits of the city. Such signs
shall be at least 24 by 30 inches in area and shall warn approaching motorists that personal
transportation vehicles are authorized for use on designated city streets.
Sec. 56-99. – Operation of PTVs on Private Property Not Effected.
This Article shall not apply to the operation of personal transportation vehicles on private
roads or drives except with the consent of the landowner.
Sec. 56-100. – Enforcement.
Any person operating a personal transportation vehicle in violation of any requirement
under this Chapter, including but not limited to this Article, shall be guilty of an infraction,
enforceable by the police department in accordance with section 56-21, and punishable by a fine
as established by law.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 27, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ20-01 – Definitions Regarding Chapter 64
Zoning of the Code of the City of Milton, Georgia
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: A3936136-BAC4-4E8F-ADD6-D84832E89E6B
X
X
X
X
June 1, 2020
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 22, 2020 for Unfinished Business on the June 1,
2020 Regular City Council Meeting
Agenda Item: Consideration of RZ20-01 – Definitions Regarding Chapter 64 Zoning
of the Code of the City of Milton, Georgia.
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: As part of the Chapter 4 – Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 – Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 – Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 – Article in Milton Herald
“Milton considers economic impact of updating alcohol ordinance”
• October 1 - Two public input sessions at City Hall
• October 1 – Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 – Article in Milton Herald
“Residents express support for Milton’s alcohol ordinance updates”
• November 13 – Work Session
• December 17 – CZIM
• January 29, 2020 - Planning Commission
• February 19, 2020 – First Presentation
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64-Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64-Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis – January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-01 Text Amendments
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-01
Page 1 of 4
AN ORDINANCE TO AMEND SEC. 64-1 OF CHAPTER 64 ZONING ORDINANCE –
DEFINITIONS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on June 1, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-1, provide for additional definitions
as they relate to Chapter 4 (Alcohol) of the City Code within the City of Milton
Zoning Ordinance is hereby adopted and approved; and is attached hereto as
if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of June, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-01
Page 2 of 4
RZ20-01
Sec. 64-1. Definitions.
Bar shall have the same definition as set forth in Chapter 4 of the Milton Code of
Ordinances.
Brewery means a domestic manufacturing facility for malt beverages that is licensed by
the state.
Brewpub means an accessory use to a permitted restaurant where distilled spirits, malt
beverages or wines are licensed to be sold and where beer or malt beverages are
manufactured or brewed for consumption on the premises and solely in draft form.
Brewpub means any restaurant that also qualifies as an eating establishment in which
beer, wine and/or distilled spirits are licensed to be sold for consumption on the
premises and beer or malt beverages are manufactured or brewed, subject to the
barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption in
draft form on the premises.
City Food Market shall have the same definition as set forth in Chapter 4 of the Milton
Code of Ordinances.
Courtyard Market shall have the same definition as set forth in Chapter 4 of the Milton
Code of Ordinances.
Craft Beer and/or Wine Market shall have the same definition as set forth in Chapter 4
of the Milton Code of Ordinances.
Distillery shall have the same definition as set forth in Chapter 4 of the Milton Code of
Ordinances.
Draft Form is beer served from a cask or pressurized keg rather than from a bottle or
can.
Eating Establishment shall have the same definition as set forth in Chapter 4 of the
Milton Code of Ordinances.
Farm Winery shall have the same definition as set forth in Chapter 4 of the Milton Code
of Ordinances.
Food Hall Café shall have the same definition as set forth in Chapter 4 of the Milton
Code of Ordinances.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-01
Page 3 of 4
Growler Shop shall have the same definition as set forth in Chapter 4 of the Milton Code
of Ordinances.
Micro-Brewery shall have the same definition as set forth in Chapter 4 of the Milton
Code of Ordinances.
Micro-Distillery shall have the same definition as set forth in Chapter 4 of the Milton
Code of Ordinances.
Nightclub shall have the same definition as set forth in Chapter 4 of the Milton Code of
Ordinances.
Off-Premise Beer/Wine Retailer or Store means any person or entity that sells or provides
to the public unbroken packages or growlers, only to consumers and not for resell.
Off-Premise Distilled Spirits Retailer or Store means any person or entity that sells or
provides to the public distilled spirits and malt beverages and/or wine in unbroken
packages, not for consumption on the premises; and which derives from such retail sale
of alcoholic beverages in unbroken packages at least 75 percent of its total annual
gross sales from the sale of a combination of distilled spirits, malt beverages, and wine.
On-Premise Consumption Retailer or Store means any person or entity that sells or
provides to the public alcoholic beverages for consumption on the premises, only to
consumers and not for resale.
Private Club shall have the same definition as set forth in Chapter 4 of the Milton Code
of Ordinances.
Restaurant, fast food, means a food service establishment which sells food from a
counter or window for consumption on-premises or off-premises. Tables may be
provided, and food may be served at a table, but may not be ordered from a table.
Restaurant means any public place kept, used, maintained, advertised and held out to
the public as a place where meals are served and where meals are actually and
regularly served to patrons, without sleeping accommodations, such place being
provided with an adequate and sanitary full service kitchen and dining room
equipment, having employed therein a sufficient number and kind of employees to
prepare, cook and serve suitable food for its patrons. At least one meal per day shall be
served at least six days per week, with the exception of holidays, vacations and periods
of redecorating, and the serving of those meals shall be a principal portion of the
business conducted, with the serving of alcoholic beverages as only incidental thereto.
The restaurant seating area must be at least 40 percent of the gross square footage of
the restaurant facility. Seating space located outside of the main structure (i.e. patios,
decks, etc.) shall not be included in calculating seating space. The term “restaurant”
includes cafeteria.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-01
Page 4 of 4
Specialty Shop shall have the same definition as set forth in Chapter 4 of the Milton
Code of Ordinances.
Sports Club shall have the same definition as set forth in Chapter 4 of the Milton Code of
Ordinances.
Tasting Room shall have the same definition as set forth in Chapter 4 of the Milton Code
of Ordinances.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 27, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ20-02 Sec. 64-395, Uses Prohibited in All
Districts
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 77791A52-68C3-4EBE-A47C-B43C0656ADF3
X
X
June 1, 2020
X
X
.
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 26, 2020 for Unfinished Business on the June 1,
2020 Regular City Council Meeting
Agenda Item: Consideration of RZ20-02 Sec. 64-395, Uses Prohibited in all
Districts
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: As part of the Chapter 4 – Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 – Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 – Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 – Article in Milton Herald
“Milton considers economic impact of updating alcohol ordinance”
• October 1 - Two public input sessions at City Hall
• October 1 – Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 – Article in Milton Herald
“Residents express support for Milton’s alcohol ordinance updates”
• November 13 – Work Session
• December 17 – CZIM
• January 29, 2020 - Planning Commission
• February 19, 2020 – First Presentation
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64-Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64-Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis – January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-02 Text Amendments
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-02
Page 1 of 2
AN ORDINANCE TO AMEND SEC. 64-395 OF THE ZONING ORDINANCE
(CHAPTER 64 OF THE CITY CODE) – USES PROHIBITED IN ALL DISTRICTS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on June 1, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-395, to add “bars and night clubs”
as prohibited uses hereby adopted and approved; and is attached hereto as if
fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of June, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-02
Page 2 of 2
RZ20-02
Sec. 64-395. - Uses prohibited in all zoning districts.
In all zoning districts the following uses are considered objectionable and are
prohibited: bars and nightclubs, fortune telling establishment, massage parlor, pool hall,
escort and dating services, vape shops, and tattoo and body art or piercing
establishment.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 27, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ20-03 Sec. 64-752(1), Mixed Use District
Permitted Uses
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 2E9A8518-797E-494A-873D-26F1F45F2326
X
June 1 ,2020
X
X
X
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 27, 2020 for Unfinished Business on the June 1,
2020 Regular City Council Meeting
Agenda Item: Consideration of RZ20-03 Sec. 64-752(1), Mixed Use District
Permitted Uses
_____________________________________________________________________________________
Department Recommendation: Approval
Executive Summary: As part of the Chapter 4 – Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 – Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 – Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 – Article in Milton Herald
“Milton considers economic impact of updating alcohol ordinance”
• October 1 - Two public input sessions at City Hall
• October 1 – Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 – Article in Milton Herald
“Residents express support for Milton’s alcohol ordinance updates”
• November 13 – Work Session
• December 17 – CZIM
• January 29, 2020 - Planning Commission
• February 19, 2020 – First Presentation
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
RZ20-04
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64-Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64-Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis – January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-03 Text Amendments
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-03
Page 1 of 2
AN ORDINANCE TO AMEND SEC. 64-752 (1) OF THE ZONING ORDINANCE
(CHAPTER 64 OF THE CITY CODE) – MIXED USE DISTRICT PERMITTED USES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on June 1, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-752 (1), to include event facilities
and uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted
and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of June, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-03
Page 2 of 2
RZ20-03
Sec. 64-752. - Use regulations.
(1) Permitted uses. Structures and land may be used for the following purposes:
i Assembly hall or event facility
k All uses licensed and/or permitted under Chapter 4.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 27, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ20-04 Sec. 64-775(1), Sec. 64-775(2),
Permitted and Accessory Uses in C-1 (Community Business)
District
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 2C4CDDE5-738D-4081-889E-F39CBFFB6292
X
X
X
X
June 1, 2020
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 26, 2020 for Unfinished Business on the June 1,
2020 Regular City Council Meeting
Agenda Item: Consideration of RZ20-04 Sec. 64-775(1), Sec. 64-775(2), Permitted
and Accessory Uses in C-1 (Community Business) District
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: As part of the Chapter 4 – Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 – Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 – Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 – Article in Milton Herald
“Milton considers economic impact of updating alcohol ordinance”
• October 1 - Two public input sessions at City Hall
• October 1 – Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 – Article in Milton Herald
“Residents express support for Milton’s alcohol ordinance updates”
• November 13 – Work Session
• December 17 – CZIM
• January 29, 2020 - Planning Commission
• February 19, 2020 – First Presentation
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
RZ20-04
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64-Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64-Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis – January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-04 Text Amendments
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-04
Page 1 of 2
AN ORDINANCE TO AMEND SEC. 64-775 (1) AND 64-775 (2) OF THE ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE) – C-1 (COMMUNITY BUSINESS)
DISTRICT PERMITTED USES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on June 1, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-775 (1) and 64-775 (2), to include
event facilities and uses permitted in Chapter 4 (Alcohol) as permitted uses is
hereby adopted and approved; and is attached hereto as if fully set forth
herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of June, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-04
Page 2 of 2
RZ20-04
Sec. 64-775. (1), Sec. 64-775 (2), Permitted and Accessory Uses in C-1 (Community
Business) District
(1) Permitted uses. Structures and land may be used for only the following purposes:
c. Assembly hall or event facility
ss. All uses licensed and/or permitted under Chapter 4.
(2) Accessory uses. Structures and land may be used for uses customarily incidental
to any permitted use and a dwelling may be used for a home occupation.
Automobile and/or moving truck rental may be used in accessory to a permitted
use. All uses licensed and/or permitted under Chapter 4 are permitted accessory
uses. Not more than 45 percent of the floor area of a building or land may be
devoted to storage incidental to primary uses.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 27, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ20-05 Sec. 64-798(1), Sec. 64-798(2)
Permitted and Accessory Uses in C-2 (Community Business)
District
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 893CC372-B2A7-493E-A865-E551E1308D1F
X
X
X
X
June 1, 2020
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 26, 2020 for Unfinished Business on the June 1,
2020 Regular City Council Meeting
Agenda Item: Consideration of RZ20-05 Sec. 64-798(1), Sec. 64-798(2) Permitted
and Accessory Uses in C-2 (Community Business) District
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: As part of the Chapter 4 – Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 – Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 – Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 – Article in Milton Herald
“Milton considers economic impact of updating alcohol ordinance”
• October 1 - Two public input sessions at City Hall
• October 1 – Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 – Article in Milton Herald
“Residents express support for Milton’s alcohol ordinance updates”
• November 13 – Work Session
• December 17 – CZIM
• January 29, 2020 - Planning Commission
• February 19, 2020 – First Presentation
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64-Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64-Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis – January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-05 Text Amendments
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-05
Page 1 of 2
AN ORDINANCE TO AMEND SEC. 64-798 (1) AND 64-798 (2) OF THE ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE) – C-2 (COMMUNITY BUSINESS)
DISTRICT PERMITTED USES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on June 1, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-798 (1) and 64-798 (2), to include
uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted and
approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of June, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-05
Page 2 of 2
RZ20-05
Sec. 64-798. (1), Sec. 64-798 (2), Permitted and Accessory Uses in C-2 (Commercial)
District
(1) Permitted uses. Structures and land may be used for only the following purposes:
z. All uses licensed and/or permitted under Chapter 4.
(2) Accessory uses. Structures and land may be used for uses customarily incidental
to any permitted use and dwellings may be used for a home occupation. All uses
licensed and/or permitted under Chapter 4 are permitted accessory uses.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 27, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ20-06 Sec. 64-895(1), Sec. 64-895(2)
Permitted and Accessory Uses in Community Unit Plan (CUP)
District
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 6EBFD867-1535-4A0A-8787-F7AB8BB7D50A
X
June 1, 2020
X
X
X
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 26, 2020 for Unfinished Business on the June 1,
2020 Regular City Council Meeting
Agenda Item: Consideration of RZ20-06 Sec. 64-895(1), Sec. 64-895(2) Permitted
and Accessory Uses in Community Unit Plan (CUP) District
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: As part of the Chapter 4 – Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 – Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 – Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 – Article in Milton Herald
“Milton considers economic impact of updating alcohol ordinance”
• October 1 - Two public input sessions at City Hall
• October 1 – Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 – Article in Milton Herald
“Residents express support for Milton’s alcohol ordinance updates”
• November 13 – Work Session
• December 17 – CZIM
• January 29, 2020 - Planning Commission
• February 19, 2020 – First Presentation
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64-Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64-Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis – January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-06 Text Amendments
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-06
Page 1 of 2
AN ORDINANCE TO AMEND SEC. 64-895 (1) AND 64-895 (2) OF THE ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE) – COMMUNITY UNIT PLAN
(CUP) DISTRICT PERMITTED USES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on June 1, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-895 (1) and 64-895 (2), to include
some uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted
and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of June, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-06
Page 2 of 2
RZ20-06
Sec. 64-895. (1), Sec. 64-895 (2), Permitted and Accessory Uses in Community Unit Plan
(CUP)
(1) Permitted uses. Structures and land may be used for only the following purposes:
a. Single-family dwelling.
b. Golf course, country club, pool and recreation court.
(2) Accessory uses. A structure or land may be used for uses customarily incidental to
any permitted use and a dwelling may be used for a home occupation. Retail
and service uses, and clubs accessory to recreation facilities are allowed subject
to the following conditions:
a. Accessory retail and service uses shall be located wholly within a building with
a majority of the floor area designed for recreation uses. No outdoor
advertising is allowed.
b. Retail and service uses shall be limited to convenience retail and service
establishments such as pro shops and personal services. Restaurants,
Specialty Shops, and Incidental Licenses accessory to a club are allowed.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 27, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ20-07 Sec. 64-1112, Allowed Use Chart
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 8AED9D90-792B-4641-9A26-24B1941816FA
X
X
June 1, 2020
X
X
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 26, 2020 for Unfinished Business on the June 1,
2020 Regular City Council Meeting
Agenda Item: Consideration of RZ20-07 Sec. 64-1112, Allowed Use Chart
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: As part of the Chapter 4 – Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 – Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 – Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 – Article in Milton Herald
“Milton considers economic impact of updating alcohol ordinance”
• October 1 - Two public input sessions at City Hall
• October 1 – Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 – Article in Milton Herald
“Residents express support for Milton’s alcohol ordinance updates”
• November 13 – Work Session
• December 17 – CZIM
• January 29, 2020 - Planning Commission
• February 19, 2020 – First Presentation
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64-Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64-Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis – January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-07 Text Amendments
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-07
Page 1 of 3
AN ORDINANCE TO AMEND SEC. 64-1121 ALLOWED USE CHART OF THE RURAL
MILTON OVERLAY OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY
CODE)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on June 1, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-1121 Use Chart for Rural Milton
Overlay, to include some uses permitted in Chapter 4 (Alcohol) as permitted
uses is hereby adopted and approved; and is attached hereto as if fully set forth
herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of June, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-07
Page 2 of 3
RZ20-07
Sec. 64-1121. - Allowed use chart.
The following chart identifies uses and their assigned categories. These uses are allowed
by right (with asterisks) or required by use permit. It is the intent that some types of uses
must comply with certain development standards outlined in the Rural Milton Overlay
District.
Commercial Type
Uses
Agricultural
Type
Uses
Institutional
Type
Uses
Non-Single-
Family
Uses
Single-Family
Uses
Aircraft landing
area
Agricultural
related
activities**
Assisted living,
personal care
home
Apartments Single-family
homes*
Amphitheatre** Artist studio
Daycares
related to
church/school
Country inn**
Accessory
structures to
the SFR*
Bed and
breakfast**
Barns or riding
areas*
Medical
lodging, group
residences
Townhouses/two-
family
Senior
housing (SFR)
Driving range** Cemetery and
mausoleum Museums** Senior housing
(MFR)
Mobile
homes,
accessory
dwelling
(To be used
as temporary
dwelling
while
permanent
structure is
built)
Exotic or wild
animals Composting Places of
worship
Group
residence for
5—8 children
Festivals or events,
outdoor/indoor**
Equine
garment
fabrication
Schools,
private/special
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-07
Page 3 of 3
Greenhouses—
Hydroponic, larger
than 5,000 square
feet*
Greenhouses*
Group residence
for 9—15 children
Lodge, retreat,
or
campground**
Kennel* Quarries and
surface mining
Landfill, inert
waste disposal
Roadside
stands*
Landfill, solid
waste
Rural or
Agricultural
event facility**
Landscape
business
Medical related
lodging
Race track**
Recreational fields
Self storage/multi
Sky walk
Stadium (off-site)
associated with
private school
Uses within the C-
1, C-2, O-I zoning
districts*, **
Veterinary,
veterinary
hospital*
*Allowed by right within zoning district.
**Where qualified, all uses licensed and/or permitted under Chapter 4.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 27, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ20-08 Sec. 64, Article XIX, Crabapple Form
Based Code, 6-1 Definitions, Table 9
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 3B8D30B2-F809-4530-B141-86C91F16D90D
X
X
X
X
June 1, 2020
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 26, 2020 for Unfinished Business on the June 1,
2020 Regular City Council Meeting
Agenda Item: Consideration of RZ20-08 Sec. 64, Article XIX, Crabapple Form
Based Code, 6-1 Definitions, Table 9
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: As part of the Chapter 4 – Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 – Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 – Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 – Article in Milton Herald
“Milton considers economic impact of updating alcohol ordinance”
• October 1 - Two public input sessions at City Hall
• October 1 – Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 – Article in Milton Herald
“Residents express support for Milton’s alcohol ordinance updates”
• November 13 – Work Session
• December 17 – CZIM
• January 29, 2020 - Planning Commission
• February 19, 2020 – First Presentation
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
RZ20-04
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64-Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64-Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis – January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-08 Text Amendments
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-08
Page 1 of 2
AN ORDINANCE TO AMEND SEC. 64-ARTICLE XIX CRABAPPLE FORM BASED
CODE OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on June 1, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-Article XIX – Table 9, and 6-1
Definitions, to include uses permitted in Chapter 4 (Alcohol) as permitted uses is
hereby adopted and approved; and is attached hereto as if fully set forth
herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of June, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-08
Page 2 of 2
RZ20-08
Section 64-Article XIX Crabapple Form Based Code, 6-1 Definitions, Table 9
TABLE 9: - Specific Function and Use.
This table expands the categories of Table 8 to delegate specific Functions and uses
within Transect Zones.
R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT
d. RETAIL
T2 T3 T4-R T4 T4-O T5
Where qualified, all uses licensed and/or
permitted under Chapter 4 R R R
6.1 - DEFINITIONS
Any terms not specifically defined herein shall have the same definitions as otherwise
set forth in any other chapter of this ordinance.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 27, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of RZ20-09 Sec. 64, Article XX, Deerfield Form
Based Code, 6-1 Definitions, Table 10
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 73B72C49-FE56-47F2-BB99-894DB8114121
June 1, 2020
X
X
X
X
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 26, 2020 for Unfinished Business on the June 1,
2020 Regular City Council Meeting
Agenda Item: Consideration of RZ20-09 Sec. 64, Article XX, Deerfield Form Based
Code, 6-1 Definitions, Table 10
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: As part of the Chapter 4 – Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 – Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 – Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 – Article in Milton Herald
“Milton considers economic impact of updating alcohol ordinance”
• October 1 - Two public input sessions at City Hall
• October 1 – Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 – Article in Milton Herald
“Residents express support for Milton’s alcohol ordinance updates”
• November 13 – Work Session
• December 17 – CZIM
• January 29, 2020 - Planning Commission
• February 19, 2020 – First Presentation
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
RZ20-04
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64-Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64-Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis – January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-09 Text Amendments
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-09
Page 1 of 2
AN ORDINANCE TO AMEND SEC. 64-ARTICLE XX DEERFIELD FORM BASED
CODE OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on June 1, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-Article XIX – Table 10 and 6-1
Definitions, to include uses permitted in Chapter 4 (Alcohol) as permitted uses is
hereby adopted and approved; and is attached hereto as if fully set forth
herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of June, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON RZ20-09
Page 2 of 2
RZ20-09
Section 64-Article XX Deerfield Form Based Code, 6-1 Definitions, Table 10
Table 10: - Specific Function and Use.
This table expands the categories of Table 9 to delegate specific Functions and uses
within Transect Zones.
R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT
d. RETAIL
T2 T3 T4 T4-P 4-O T5 T6
Where qualified, all uses licensed and/or
permitted under Chapter 4 R R R R R
6.1 - DEFINITIONS
Any terms not specifically defined herein shall have the same definitions as otherwise
set forth in any other chapter of this ordinance.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 27, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4,
Alcoholic Beverages of the Code of the City of Milton,
Georgia
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 37090BE5-AE2B-4BE2-BBC1-96AA56336C79
X
X
June 1, 2020
X
X
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 26, 2020 for Unfinished Business on the June 1,
2020 Regular City Council Meeting
Agenda Item: Consideration of an Ordinance to Amend Chapter 4, Alcoholic
Beverages of the Code of the City of Milton, Georgia.
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary:
Together with City Management, the Finance Department, and Public Safety, we have
been engaging Council, the community, and key staff on redrafting Chapter 4 –
Alcoholic Beverages and the appropriate adjustments to Chapter 64 – Zoning.
The City engaged Taylor English Duma, LLC for the rewrite. The purpose is to help make
Milton a place where people with “cool” ideas can do things they cannot do
anywhere else. This is designed to spur economic development and define what Milton
wants to be and attract for the next five years.
In addition to making the current ordinance more cohesive and removing repetition, a
highlight of the revisions that were made are:
• Stating a purpose for the ordinance
• Added definitions for clarification purposes
• Addition of temporary license fee and Sunday sales fee
• Increase to for-profit Special Event Permit ($100 to $250)
• Addition of breweries, micro-breweries, distillery, micro-distilleries, food halls,
courtyard markets, craft beer and/or wine markets, city food markets, growler shop
• Adjusting alcohol to food ration from 50:50 to 70:30 (limited service restaurant)
• Allow restaurants to sell incidental package beer and wine
• Expanding “special districts” to include the entire licensed establishment
• Revised time of day sales to match the State
• Two year pouring permit (currently has be renewed annually)
• Clearly defining farm wineries as Georgia wine only
• Allowing a Limited Tap Establishment an additional tap – a total of 5. Rewording
their allowed beer to “craft beer” replacing the requirement of it being brewed
within 50 aerial miles
• Removed the need to apply for a “brown bagging license” as this is allowed by right
by the State as “Merlot To Go”
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
• Creation of a “Grand Opening/Annual Promotion Permit” which is available at no
charge for a licensed establishment to serve beer and/or wine for a four-hour period
once a year
• A “transfer license fee” for when a licensed establishment moves locations within the
City; removing the need for them to reapply if they have current alcohol licenses
• Allowing the “registered agent” to be in Fulton County or any bordering County;
currently must be located in Fulton County
• Removal of happy hour restrictions
Below is a timeline of our process:
• August 2019 – Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 – Article in Milton Herald “Milton considers economic impact of
updating alcohol ordinance”
• October 1 - Two public input sessions at City Hall
• October 1 – Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 – Article in Milton Herald “Residents express support for Milton’s alcohol
ordinance updates”
• November 13 – Work Session
• December 17 – CZIM
• January 29, 2020 - Planning Commission
• February 19, 2020 – City Council – First Presentation
Funding and Fiscal Impact:
Potential increase in revenue as we create new opportunities for businesses to open in
Milton.
Alternatives:
None.
Legal Review:
Deborah Dance, Jarrard & Davis – May 26, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
2020 Chapter 4 Rewrite
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 1 of 95
AN ORDINANCE TO AMEND CHAPTER 4 – ALCOHOLIC BEVERAGES, OF THE
CODE OF THE CITY OF MILTON, GEORGIA
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on June 1, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Chapter 4 - Alcoholic Beverages, of the
Code of the City of Milton, Georgia is hereby adopted and approved; and is
attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of June 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 2 of 95
Chapter 4 - ALCOHOLIC BEVERAGES
ARTICLE I. - IN GENERAL[1]
Footnotes:
--- (1) ---
Editor's note— Ord. No. , adopted =======, 2020, amended the Code by
repealing ch. 4 in its entirety and enacting new provisions to read as herein set out.
Former ch. 4, §§ 4-1—4-5, 4-25—4-27, 4-47—4-53, 4-73—4-75, 4-96—4-102, 4-122—
4-125, 4-145—4-147, 4-167, 4-168, 4-188—4-192, 4-211—4-213, 4-232—4-234, 4-
254—4-257, 4-277, 4-297, 4-317—4-319, 4-339, 4-359—4-361, 4-417, 4-437, 4-457, 4-
477, 4-497—4-500, 4-520—4-545, approved pursuant to Ord. No. 15-03-236, § 1, 3-16-
2015; Ord. No. 16-01-267, § 1, 1-4-2016; Ord. No. 17-05-316, § 1, 5-15-2017, Ord. No.
18-06-360 , § 1, 6-4-2018, Ord. No. 18-08-370 , § 1, 8-6-2018) pertained to similar subject
matter. See the Code Comparative Table for complete derivation.
State Law references— Constitutional grant of home rule powers, Ga. Const. art. IX, §
II; statutory grant of home rule powers, O.C.G.A. § 36 -35-1 et seq.; Georgia Alcoholic
Beverage Code, O.C.G.A. § 3-1-1 et seq.; regulation of alcoholic beverages generally,
O.C.G.A. § 3-3-1 et seq.; authority of local authorities to license and regulate alcoholic
beverage sales, O.C.G.A. § 3-3-2; local regulation of sales on Sundays, O.C.G.A. § 3 -3-
7; prohibited acts on licensed premises, O.C.G.A. § 3-3-40 et seq.; malt beverages,
O.C.G.A. § 3-5-1 et seq.; wine, O.C.G.A. § 3-6-1 et seq.; local licensing requirements for
sale of malt beverages, O.C.G.A. § 3-5-40 et seq.; requirements for sale of wine, O.C.G.A.
§ 3-6-40; 3-4-49, 3-4-50, 3-4-80 et seq., 3-5-80 et seq., 3-6-60, 3-7-40 et seq.; Georgia
Department of Revenue Regulations, Ga. Comp. R. & Reg. § 560-2-1 et seq.
Sec. 4-1. – Purposes.
(a) Purposes. This ordinance is adopted as part of a comprehensive plan designed
for the purposes, among others, of:
1) promoting the health and general welfare of the community;
2) establishing reasonable and ascertainable standards for the regulation and
control of the licensing and sales of alcoholic beverages;
3) protecting and preserving schools and churches; and
4) giving effect to land use and preserving certain residential areas, with
reasonable consideration being given to, among other factors, the character of
the areas and their peculiar suitability for particular uses, the congestion in the
roads and streets, and the promotion of desirable living conditions and
sustained stability of neighborhoods and property values.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 3 of 95
(b) Because the purposes of this Chapter are not advanced when alcoholic beverages
are provided to the general public under an appearance that such alcoholic
beverages are not being sold but are being given away as part of a business
operation or other activity, any person providing alcoholic beverages to the
general public, whether for sale or otherwise, must be licensed by the City.
Sec. 4-2. - Definitions.
(a) Unless a contrary intention is clearly apparent from the context, any term used in
this Chapter shall have the same meaning as when used in a comparable provision
of the Georgia Alcoholic Beverage Code (O.C.G.A. § 3 -1-1, et seq., as amended)
or the Georgia Department of Revenue Regulations (Ga. Comp. R. & Reg. § 560 -
2-1 et seq, as amended). Any terms used in this Chapter not specifically defined
herein shall be defined as set forth by state law or the Department of Revenue
Regulations. Any use not expressly prohibited herein and allowed by state law
and the Department of Revenue Regulations shall be allowed. To the extent that
any definition herein is in conflict with definitions set forth in state law or the
Georgia Department of Revenue Regulations, the state law and Department of
Revenue terms, as amended, shall govern.
(b) As used in this Chapter, the singular and the plural shall each include the other,
the masculine and feminine shall each include the other, and any verb tense may
include any other verb tense.
(c) As used in this Chapter the term "may" is permissive and the term "shall" is
mandatory.
(d) The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Adult Entertainment and Adult Entertainment Establishment shall have the same
meanings as set forth in Chapter 64-1. Adult Entertainment Establishments are prohibited
from holding an alcoholic beverage license in the City.
Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever
source or by whatever process produced.
Alcoholic Consumable means any product intended for human consumption that
contains any measurable amount of alcohol as defined in this section, regardless of
whether such consumable is in liquid or solid form. Alcohol consumables will be regulated
by the City and shall be deemed to be included in any reference to any type of alcoholic
beverage.
Alcoholic Beverage means and includes all alcohol, beer, wine, or liquor intended for
human consumption. Any reference to alcoholic beverage in this Chapter shall be
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 4 of 95
deemed to include alcoholic consumables, regardless of whether such consumables are
in liquid or solid form.
Alcoholic Beverage Caterer means any on-premise consumption retailer properly
licensed to provide alcohol for consumption at private functions on private property, at
special events, or at special events facilities.
Ancillary License means a license that is available to the holder of a beer and/or wine
retail package license and allows for on -premise tastings under limited conditions as
provided for in this Chapter.
Applicant means the person, partner, firm, or corporation, as owner, or other entity
(individually or collectively) making the application for the alcohol license, whether
compensated or not. The term “Applicant” shall include a Licensee Agent.
Assembly Hall or Events Facility means a room or building typically accommodating
the gathering of persons for deliberation, legislation, worship or entertainment, including
but not limited, to trade shows and other similar activities, as well as some social events
such as receptions, meetings, banquets, conventions, parties, catered events or similar
gatherings. The facility must be available to public or private groups of persons for
monetary consideration on a rental, fee, percentage or similar basis; be used primarily
for special occa sions including but not limited to, the events mentioned in this definition;
be open to or attended by invited or selected guests or paying patrons; and the premises
shall contain a minimum occupancy load of 200 persons for each show, event, reception
or activity as permitted by the Fire Marshall. Establishments that operate as an
“assembly hall” or "events facility" shall not provide Adult Entertainment, either regularly
or occasionally; nor shall any such establishment operate as a Bar or Nightclub.
Bar means an establishment whose primary business is the provision of alcoholic
beverages and not the consumption of food. A place that derives 75 percent (75%) or
more total annual gross revenue from the sale of alcoholic beverages for consumption
on-premises and does not meet the definition of any other establishment qualified to hold
a license under this ordinance will be presumed to be a bar. Bars are specifically
prohibited in the City. This provision does not preclude a business that otherwise qualifies
as an eating establishment or restaurant from including the word “bar” in its name,
provided that the name must also be indicative of food service, such as “Joe’s Sports Bar
& Grille”.
Barrel, with respect to a brewery, means a vessel that is used to age , condition,
and/or ferment beer which is 31 gallons or such other size authorized by the U.S. Alcohol
and Tobacco Tax and Trade Bureau (“TTB”).
Barrel, with respect to a distillery, means a vessel that is used to
age/condition/ferment distilled spirits; a standard unit of measure is 53 gallons.
Beer or Malt Beverage means any alcoholic beverage obtained by the fermentation
of any infusion or decoction of barley, malt, hops, or any other similar product, or any
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 5 of 95
combination of such products in water, containing not more than 14 percent (14%) alcohol
by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer.
The term does not include sake, also known as Japanese rice wine, which shares a
similar manufacturing process to beer but has a higher percent of alcohol by volume. The
term "beer" is used interchangeably throughout this Chapter with "malt beverage," and
any reference to beer or malt beverage shall be deemed to include alcoholic consumables
that contain beer or malt beverage alcohol.
Brewer means a manufacturer of beer, malt beverage, cider and/or similar alcoholic
beverages.
Brewery means a domestic manufacturing facility for beer that is licensed by the state.
Provided licenses are issued as required by the state and this Chapter, a brewery is
authorized to sell beer by the packa ge or by the drink and to operate flight tastings on -
premises of the brewery pursuant to state law.
Brewpub means any restaurant that also qualifies as an eating establishment in which
beer, wine and/or liquor are licensed to be sold for consumption on-premises and in which
beer is manufactured or brewed, subject to the barrel production limitation prescribed i n
state law for retail consumption in and on premises.
Bring Your Own Beverage (BYOB) License means a license issued for any place of
business open to the public or any Private Club that allows guests, patrons or members
to bring their own beer and/or wine onto the premises for the guests’ consumption.
Building Code means and includes all building, plumbing and electrical codes and
any similar technical code of the City.
Building Official means the Building Official of the City as such position presently
exists, or by whatever name the position may be designated in the future. The term
Building Official will also be deemed to include any designee of the Building Official.
Chief of Police means the Chief of Police of the City as such position presently exists,
or by whatever name the position may be designated in the future. The term Chief of
Police will also be deemed to include any designee of the Chief of Police.
City means the City of Milton, and when used in a geographical sense, means the
territorial limits of the City of Milton.
City Food Market means a retail market which (a) does not sell or offer for sale any
of the following: gasoline, diesel fuel, tires, liquor, tobacco products, lottery tickets, or
related games of chance or beer by the keg; (b) does not provide for the on-premises use
of coin operated amusements; (c) at all times that it is open to the public, maintains an
inventory of saleable food products, including meat, dairy, vegetable, fruit, dry goods, and
beverages, with a minimum cumulative cost of goods sold of such food products of at
least $125,000; (d) has an interior floor area of at least 4,500 square feet and not more
than 20,000 square feet, of which more than 50 percent (50%) of such interior floor area
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 6 of 95
is devoted to the display for sale of non-alcoholic beverage products; (e) employs not less
than 4 individuals who work at least 35 hours per week on the premises, and (f) derives
less than 20 percent (20%) of its gross receipts from the sale of beer and/or wine.
City Manager means the City Manager as such position presently exists, or by
whatever name the position may be designated in the future. The term City Manager will
also be deemed to include any designee of the City Manager.
College means only those state, county, city, church, or other higher education
institutions that teach the subjects commonly taught in the common colleges of this state
and shall not include private colleges where only specialized subjects such as law,
stenography, business, music, art, medicine, dentistry, vocational occupations, and other
special subjects are taught.
Conviction means adjudication of guilt, plea of guilty, plea of nolo contendere or the
forfeiture of a bond when charged with a crime, but shall not include a dischar ge under
provisions of the State of Georgia First Offender Act.
County means Fulton County, Georgia, and, when used in a geographical sense,
means the territorial limits of Fulton County, Georgia.
Courtyard Market means a commercial or retail center consisting of one (1) or more
structures on one (1) or more contiguous tracts or parcels of land, having a minimum of
at least ten (10) acres and at least 400,000 square feet of structures and having a
minimum of 40,000 square feet of retail uses and not less than 45,000 square feet of
outdoor areas used for public and private events, entertainment, farmer's markets,
exhibitions, performances, shows, events, concerts and community events occurring on
plazas, lawns, parks, rooftops, and streets (when not open to vehicular traffic) and
sidewalks that are in the dominion and physical control of the owner of the Courtyard
Market, the owner's agent, or the owner's lessee. No adult entertainment shall be
permitted in a Courtyard Market.
Craft Beer means a beer brewed by an independent brewer with annual production
not exceeding six (6) million barrels.
Craft Beer and/or Wine Market means a retail establishment whose primary purpose
is the sale of craft beers and/or wine for consumption off-premises. Sales of craft beers
and wines may be for consumption on -premises and/or package (including Growlers or
Crowlers).
Distance means the distance requirements, as prescribed by state law, for the sale
of alcoholic beverages and the manner in which distances are measured.
Distilled Spirits, Liquor, or Spirituous Liquor means any alcoholic beverage obtained
by distillation or containing more than 24 percent (24%) alcohol by volume, including, but
not limited to, all fortified wines. Any reference to Distilled Spirits, Liquor, or Spirituous
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 7 of 95
Liquor shall be deemed to include alcoholic consumables that contain distilled spirits or
spirituous liquor. The terms Distilled Spirits, Liquor, or Spirituous Liquor, when used in
this Chapter, shall all carry the same meaning.
Distiller means a manufacturer of Distilled Spirits.
Distillery means a domestic manufacturing facility for Distilled Spirits that is licensed
by the state. Provided that licenses are issued as required by this Chapter, a
distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to
operate flight tastings on-premises of the distillery as provided for and subject to the
limitations of state law.
Domestic Wine means any and all wines produced by a Farm Winery within this state.
Throughout this Chapter, any reference to wine shall be deemed to include alcoholic
consumables that contain wine.
Eating Establishment shall have the same meaning as set forth by state law. An
Eating Establishment may be licensed to sell beer, wine and/or liquor but must derive a
minimum of fifty percent (50%) of its total annual gross food and beverage sales from the
sale of prepared meals or food as required by state law. For brewpub s or other eating
establishments that also sell beer and wine by the package, neither barrels of beer sold
to licensed wholesalers pursuant to state law, package sales of beer and/or wine shall be
used when determining the total annual gross food and bever age sales.
Entertainment or Live Entertainment means music, comedy, readings, dancing,
acting, organized fighting, or other entertainment, excluding adult entertainment,
performed on the premises of a licensed establishment. This classification includes
dancing by patrons to live or recorded music.
Events Facility shall have the same meaning as "assembly hall" or "rural or
agricultural event facility" as set forth in Chapter 64-1. Any establishment licensed as an
Events Facility shall not provide Adult Entertainment either regularly or occasionally; nor
shall any such establishment operate as a Bar or Nightclub.
Farm Winery or Georgia Farm Winery shall have the same meaning as set forth by
state law. Provided that a license is issued as required by the state and under this
Chapter, a Farm Winery licensed by the City is authorized to sell Georgia wine at its
premises by the package or for consumption on-premises as authorized by Georgia law.
Fire Marshall means the Fire Marshall of the City, as such position presently exists,
or by whatever name the position may be designated in the future. The term Fire Marshall
will also be deemed to include any designee of the Fire Marshall.
Fixed Salary means the amount of compensation paid to any member, officer, agent,
or employee of a bona fide Private Club as may be fixed by its members out of the general
revenue of the club and shall not include a commission on any profits from the sale of
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 8 of 95
alcoholic beverages. For the purpose of this definition, tips or gratuities which are added
to the bills under club regulations shall not be considered as profits from the sale of
alcoholic beverages.
Food Caterer means any person that prepares food for consumption off the food
caterer’s premises.
Food Hall means a retail area that contains more than two (2) food hall cafes, where
a minimum of 65% of the area is dedicated to food hall cafes that provide prepared meals
for consumption on the premises during the entire time that alcohol is sold and that share
a common area with at least forty (40) seats at tables for the food hall café patrons
collectively within a building, courtyard, or other contiguous space.
Food Hall Café means a food and/or beverage vendor located within a Food Hall. A
Food Hall Café licensed under this Chapter for on-premise consumption of alcohol may
enter into an agreement with one (1) or more food vendors within the same Food Hall to
satisfy the requirements of meal service and the alcohol/food sales ratio required to be
deemed an eating establishment. However, any food sales utilized by one (1)
establishment to meet the ratio cannot be used by another establishment for the same
purpose. In order to qualify, any utilized food vendors must be (a) located in the same
Food Hall as the licensed establishment; (b) generally incorporated into the operation of
the licensed establishment; and (c) available, open, and prepared to serve food ever y
hour that alcoholic beverages are offered for sale from any portion of the premises.
Fortified Wine means any alcoholic beverage containing more than 24 percent (24%)
alcohol by volume made from fruits, berries, or grapes, either by natural fermentatio n or
by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to,
brandy. Any reference to Fortified Wine in this Chapter shall be deemed to include
alcoholic consumables that contain fortified wine. For purposes of regulations contained
in this Chapter, Fortified Wine shall be deemed a Distilled Spirit.
Free-standing Vendor means any person that is permitted to sell alcoholic beverages
from a cart, kiosk, or temporary structure for retail sales within an Open Container Ar ea
or at a licensed special event.
Full-Service Kitchen means a kitchen that consists of a commercial sink, a
permanently installed stove, grill or other similar heating device that adequately and
completely cooks prepared meals, and a refrigerator. Said kitchen must be approved by
the County Health Department and City Fire Marshall.
Golf Course means a golf facility consisting of a clubhouse or a professional golf shop
and a regulation or executive length golf course of at least nine (9) holes, as recognized
by the United States Golf Association, the Professional Golfers Association of America,
and the Georgia State Golf Association. The term “golf course” does not include miniature
golf.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 9 of 95
Growler or Crowler means a glass, ceramic, or metal container not to exceed 64
ounces that is filled by a Licensee or employee of a Licensee with craft beer from a keg
and securely sealed for off-premises consumption.
Growler/Crowler Shop means a retail establishment that only sells craft beer or wine
or wine-based beverages in Growlers or Crowlers for off -premise consumption and no
other alcoholic beverages. Establishments licensed as Growler/Crowler Shops are not
authorized to sell liquor and may not sell beer or wine fo r consumption on premises.
Growler/Crowler Shops shall be no larger than 2,500 square feet and have no more
than 40 different beers available at any given time. Provided that all distance and zoning
requirements are met, Growler/Crowler Shops are eligible to apply for an Ancillary
License.
Hard Cider means an alcoholic beverage obtained by the fermentation of the juice of
apples, containing not more than six percent (6%) of alcohol by volume, including, but not
limited to, flavored or carbonated cider. For purposes of this Chapter, Hard Cider shall be
deemed a beer.
Hotel means any building or other structure in which boarding or lodging is provided
for fewer than 30 days. Motels meeting the qualifications set out in this definition for
Hotels shall be classified in the same category as Hotels.
Incidental License means an on-premise alcoholic beverage license for an
establishment that does not sell food that was prepared on the premises and does not
charge for any alcoholic beverage. An establishment that holds an Incidental License is
limited to wine and beer; and is prohibited from allowing any individual to consume more
than 16 ounces of wine or 24 ounces of beer on premises in a calendar day. The amount
of money spent on alcoholic beverages by such establishment shall not exceed two
percent (2%) of gross receipts (gross receipts shall have the same meaning as provided
in Chapter 12 of this ordinance).
Interest means any pecuniary interest and any ownership interest, whether present
or future, whole or partial, legal or beneficial, contingent or vested, direct or indi rect, and
any right, power, or authority of control.
License means the authorization by the governing authority of the City to engage in
the sale, consumption, or provision of alcoholic beverages as provided in this Chapter.
Licensee means a person, real or artificial, to whom a license is issued or, in the case
of a partnership or corporation, the term includes both the partnership or the corporation
and the individual designated by such legal entity to serve as its license representative.
Licensee Agent means an individual person designated by a partnership or
corporation to act as its representative/applicant and on its behalf on all matters related
to the alcohol license. A Licensee Agent must have sufficient involvement with the
partnership or corporation to have supervisory authority over the day -to-day operations
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 10 of 95
of the licensed premises. For the purposes of this Chapter, any reference to the term
Applicant or Licensee also includes the Licensee Agent.
Limited Tap License means an on-premise alcoholic beverage license for an
establishment that does not sell food prepared on the premises and that provides a limited
selection of craft beers on tap for consumption on premises only. An establishment with
a Limited Tap License is limited to having five (5) or fewer beer taps. Establishments with
a Limited Tap License must limit consumption for any individual to a maximum of 48
ounces within a calendar day and must obtain approval from the Fire Marshall and
Building Official in accordance with applicable codes.
Liter means the metric measurement currently used by the United States.
Liquor. For purposes of this Chapter, the term Liquor may be used interchangeably
with the terms Distilled Spirits and Spirituous Liquor and will be deemed to have the same
meaning.
Live Entertainment or Entertainment means music, comedy, readings, dancing,
acting, organized fighting, or other entertainment, excluding adult entertainment,
performed on the premises of a licensed establishment. This classification includes
dancing by patrons to live or recorded music.
Major Shareholder means a person that owns or controls a 20 percent (20%) or more
interest in a business establishment.
Malt Beverage means any alcoholic beverage obtained by the fermentation of any
infusion or decoction of barley, malt, hops, or any othe r similar product or any combination
of such products in water, containing not more than 14 percent (14%) alcohol by volume
and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term
does not include sake, also known as Japanese rice wine, which shares a similar
manufacturing process to beer and malt beverages but which typically has more than 14
percent (14%) of alcohol by volume. The term Malt Beverage is used interchangeably
with Beer. Throughout this Chapter, any reference to Malt Beverage shall be deemed to
include Beer and/or alcoholic consumables that contain malt beverages.
Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The
term "manufacturer" also means:
1) In the case of distilled spirits or liquor, any person engaged in distilling, rectifying,
or blending any distilled spirits; provided that a vintner that blends wine and distilled
spirits to produce a fortified wine shall not be considered a manufacturer of distilled
spirits or liquor; but will be considered a vintner;
2) In the case of beer, any brewer; and
3) In the case of wine, any vintner.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 11 of 95
Micro-Brewery means a small-scale establishment in which not more than 15,000
barrels of craft beer are manufactured or brewed in a calendar year. Microbreweries
sell to the public through wholesalers or directly to the consumer through carry -out
package and/or on -site tap-room or tasting room sales. Microbreweries must comply
with state law restrictions related to the quantities of alcoholic beverages that may be
sold directly to the consumer at retail.
Micro-Distillery means a small-scale establishment in which not more than 15,000
barrels of distilled spirits are manufactured in a calendar year. Micro -distilleries sell to
the public through wholesalers or directly to the consumer through carry -out package
and/or on-site tasting room sales. Micro-distilleries must comply with state law
restrictions related to the quantities of alcoholic beverages that may be sold directly to
the consumer at retail.
Nightclub means an establishment whose primary business is the provision of
alcoholic beverages and live entertainment or patron dancing and not the consumption of
food. A place that derives 75 percent (75%) or more of its total annual gross revenue
from the sale of alcoholic beverages for consumption on -premises and cover charges or
entry fees and does not meet the definition of any other establishment qualified to hold a
license under this ordinance will be presumed to be a nightclub. Nightclubs are prohibited
in the City.
Nonprofit Civic Organization means an organization which is an exempt organization
under Section 501(c) or (d) of the Internal Revenue Code of 1986, as amended.
Off-Premise Beer/Wine Retailer or Store means any person that sells or provides
beer and/or wine to the public in unbroken packages or in Growlers or Crowlers, not for
consumption on-premises and not for resale.
Off-Premise Distilled Spirits Retailer or Store means any person that sells or provides
to the public distilled spirits in unbroken packages, not for consumption on -premises and
not for resale.
On-Premise Consumption Retailer means any person that sells or provides to the
public alcoholic beverages for consumption on-premises, only to consumers and not for
resale.
Open Container Area means a specified area adjacent to and designated for common
use by multiple eating establishments, food vendors or restaurants for their patrons.
Unless otherwise provided, Open Container Areas are restricted to the City’s Special
Districts and allow for limited outside consumption of alcoholic beverages.
Outdoor Dining Area means an outdoor dining space in which an on-premise
Licensee serves food and beverages as part of the operation of the licensed premises.
Except as otherwise provided, the Outdoor Dining Area must be located immediately
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 12 of 95
adjacent to the licensed premises. An Outdoor Dining Area may include a patio, City
approved sidewalk seating, or a designated dining area within the exclusive control of the
Licensee, and may be separated from the Licensee’s premises, if at all, only by a
sidewalk. No part of an Outdoor Dining Area shall be located within any public right -of-
way without permission of the City.
Package means a bottle, can, keg, barrel, or other original consumer container. The
term "retail package alcoholic beverages" includes all alcoholic beverages in their original
containers or in a Growler or Crowler and sold at retail to the final consumer and not for
resale.
Park means any public lands owned, controlled, or operated by the City, the state, or
any county of the state, in and upon which play facilities are provided for the recreation
and enjoyment of the general public.
Person means any individual, firm, partnership, cooperative, nonprofit membership
corporation, joint venture, association, company, corporation, agency, syndicate, estate,
trust, business trust, receiver, fiduciary, legal entity, or other group or combination acting
as a unit, body politic, or political subdivision, whether public, private or quasi-public.
Police Department means the Chief of Police and any police officers.
Premises means the definite, closed, or partitioned -in location (whether room, shop,
or building) wherein alcoholic beverages are sold, provided, or consumed pursuant to this
Chapter and in accordance with state law. Premises also includes any area (such as a
sidewalk café, outdoor dining area, courtyard, or patio) immediately adjacent to the main
licensed facility and located on property owned or leased by such Licensee.
Private Club means any nonprofit association organized and existing under state law
and exempt from federal income taxes pursuant to section 501(c) of the Internal Revenue
Code, as amended, and which:
1) Has been in existence for at least one (1) year prior to the fili ng of the application
for a License pursuant to this Chapter;
2) Has at least 75 regular dues-paying members;
3) Owns, hires, or leases a building or space within a building for the reasonable use
of its members with:
a) A suitable kitchen and dining room space and equipment; and
b) A sufficient number of employees for cooking, preparing and serving meals
for its members and guests;
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 13 of 95
4) Has no member, officer, agent, or employee directly or indirectly receiving, in the
form of salary or other compensation, any profits from the sale of alcoholic
beverages beyond a fixed salary.
Registered Agent means a natural person age 21 years or older and residing in Fulton
County, or any county that borders Fulton County, who is designated by a licensed
establishment to receive service of process on its behalf. Notice or demand required or
permitted by law or under this Chapter may be served upon the Licensee, registered
agent, or owner.
Restaurant means any public place kept, used, maintained, advertised, and held out
to the public as a place where meals are actually and regularly served to patrons, without
sleeping accommodations, including a cafeteria, with such place being provided with an
adequate and sanitary full service kitchen and dining room equipment, having employed
therein a sufficient number and kind of employees to prepare, cook, and serve suitable
food for its patrons. At least one (1) meal per day shall be served at least six (6) days per
week, with the exception of holidays, vacations, and periods of redecorating, and the
serving of those meals shall be a principal portion of the business conducted, with the
serving of alcoholic beverages as only incidental thereto. The restaurant s eating area
must be at least 40 percent (40%) of the gross square footage of the restaurant facility.
Seating space located outside of the main structure (i.e. patios, decks, etc.) shall not be
included in calculating seating space. In order to be considered a “full service” restaurant,
the business must also meet the requirements of an Eating Establishment. A restaurant
that does not meet the requirements of an Eating Establishment under state law may be
licensed as a “limited service” restaurant, but must still derive at least 30 percent (30%)
of its total annual gross food and beverage sales from the sale of prepared meals or food.
Unless otherwise permitted by state law, limited service restaurants do not qualify to sell
alcoholic beverages on Sundays.
School, School Building, or Educational Building for the purposes of determining
distance requirements for the sale of alcoholic beverages shall mean a state, county, city,
or church school building, or such buildings at such school in which are taught subjects
commonly taught in the common schools and colleges of the state and which are public
schools and private schools as defined in O.C.G.A. § 20 -2-690(b). The term "school
building" includes only those structures in which instruction is offered.
Seller/Server Permit means an authorization granted to an individual by the City to
cork, dispense, sell, serve, take orders, and/or mix alcoholic beverages in the City.
Service Area means the portion of an indoor recreational establishment located within
the same building or structure and adjacent to an Eating Establishment, Private Club, or
Restaurant. To the extent that such Eating Establishment, Private Club, or Restaurant
holds an on-premise consumption alcoholic beverage license, the consumption of
alcoholic beverages within the service area is permitted.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 14 of 95
Shopping Center means a collection of multiple commercial establishments planned
and developed as a unit for which common parking facilities are provided on the site. A
Shopping Center shall also include a mall or strip center.
Special District has the same meaning as provided in Section 4-211 of this Chapter.
Special Event has the same meaning as provided in Chapter 64-1.
Special Event Alcohol License means an alcoholic beverage license issued for a
specific location for a limited amount of time and a limited number of days. An
establishment that holds a current on-premise consumption license may apply for an on-
premise Special Event Alcohol License but not for off -premise package sales. A non-profit
organization may obtain an on-premise special event license for beer, wine and/or liquor
as well as an off-premise Special Event Alcohol License for sale of beer and/or wine by
the package.
Specialty Gift Shop means any retail shop that deals in the sale of foods, specialty
foods and gifts that derives not more than 15 percent (15%) of its gross sales from the
sale of packaged gift baskets containing non-alcohol related items such as flowers,
plants, food or similar items which also contain unbroken containers of beer and/or wine.
To qualify for an off-premise alcohol license, a Specialty Shop must have an interior floor
area of not more than 5,000 square feet (inclusive of storage), of which more than 60
percent (60%) of interior floor area is devoted to the display for sale of non -alcoholic
beverages. A Specialty Gift Shop may not offer check cashing services; maintain a drive-
thru window; or maintain on the premises for sale any of the following: liquor, beers
containing more than six percent (6%) alcohol by volume, gasoline, diesel fuel, tires,
lottery tickets or related games of chance, or tobacco.
Spirituous Liquor. For purposes of this Chapter, the term Spirituous Liquor may be
used interchangeably with the terms Distilled Spirits and Liquor and will be deemed to
have the same meaning.
Sports Club means an association or corporation organized and existing under state
law, organized and operated primarily to provide a location for the patrons thereof to
engage in sporting events.
1) To qualify for an on-premise consumption retailer’s license, a Sports Club must
have been actively in operation within the City at least two (2) years prior to an
application for license under this Chapter; provided, however, that the two-year (2)
operational requirement shall not apply to golf courses or golf club corpora tions
where the selling or the serving of alcoholic beverages is to take place on the golf
course premises.
2) A Sports Club organized or operated primarily for serving alcoholic beverages shall
not qualify for licensing under this Chapter and shall not be permitted to serve
alcoholic beverages at any time.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 15 of 95
3) Unless otherwise indicated, a Sports Club Licensee shall comply with all other
requirements imposed upon on-premise consumption retailers.
Tasting Room means an outlet for the promotion of wine produced by a Georgia Farm
Winery by providing samples of such wine to the public and for the sale of such wine at
retail for consumption on-premises and for sale in closed packages for consumption off -
premises. Samples of wine may be given complimentary or for a fee.
Tax means the tax imposed by the City upon any dealer in alcoholic beverages for
each calendar month of the year.
Temporary Alcoholic Beverage License means a license provided to an applicant that
applies for an alcoholic beverage license, complies with the requirements set forth in this
Chapter, and who, in the City Manager’s discretion, appears to meet the criteria for
receiving a license. Temporary licenses are intended to aid the applicant in opening for
business within a short time after passing all required inspections. A temporary license
is only valid for 90 days and may be revoked at any time.
Underage Person means an individual who is less than 21 years of age.
Vendor means any establishment licensed to provide or sell alcoholic beverages at
retail under this Chapter.
Wholesaler or Wholesale Dealer means any person that sells alcoholic beverages to
other wholesale dealers, off-premise retail dealers, or on-premise consumption retailers.
Wine or Vinous Beverage means any alcoholic beverage containing not more than
24 percent (24%) alcohol by volume made from fruits, berries, grapes, or honey either by
natural fermentation or by natural fermentation with brandy added. These terms include,
but are not limited to, all sparkling wines, champagnes, combinations of such beverages,
vermouths, and special natural wines, rectified wines, other like products, and Sake,
which is an alcoholic beverage often manufactured through a process similar to that of
beer but produced from rice and often containing greater than 14 percent (14%) alcohol
by volume. These terms do not include cooking wine mixed with salt or other ingredients
so as to render it unfit for human consumption as a beverage. A liquid shall first be
deemed to be a wine at the point in the manufacturing process when it conforms to this
definition. Throughout this Chapter, any reference to wine shall be deemed to include
alcoholic consumables that contain wine.
Wine Market shall have the same definition as set forth in the definition for Craft Beer
and/or Wine Market.
Sec. 4-3. – Jurisdiction.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 16 of 95
This Chapter shall apply to the corporate limits of the City and outside the City limits
in all territories to which the jurisdiction of the City extends.
Sec. 4-4. – Severability.
If any provision, clause, sentence or paragraph of this Chapter, or the application
thereof to any person or circumstances, shall be held invalid and unconstitutional, such
invalidity shall not affect the other provisions or application of the provisions of this
Chapter which can be given effect without the invalid provisions or application and, to this
end, the provisions of this Chapter are hereby declared to be severable.
Secs. 4-5 – 4-9 Reserved.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 17 of 95
ARTICLE II. - LICENSING[2]
Footnotes:
--- (2) ---
State Law Reference— powers of local governing authorities as to granting, refusing,
suspension or revocation of licenses generally, O.C.G.A. § 3-3-2; display of license,
O.C.G.A. § 3-3-3; local authorization and regulations for manufacture, distribution, and
package sales of distilled spirits, sales near churches, schools, O.C.G.A. § 3 -3-21;
O.C.G.A. § 3-3-40 et seq.; maximum license fee for distilled spirits, O.C.G.A. § 3 -4-48;
local licenses for sale of distilled spirits by the drink, O.C.G.A. § 3 -4-110; local license
requirements and regulations for manufacture, distribution, and sale of beers, O.C.G.A.
§ 3-5-40 et seq.; municipal licenses for the sale of beers, O.C.G.A. § 3 -5-42; restrictions
on wholesale license fee, O.C.G.A. § 3-5-43; O.C.G.A. § 3-7-40 local licensing
requirements for the sale of wine, O.C.G.A. § 3-6-40; local authorization and regulation
of the sale of alcoholic beverages in private clubs, O.C.G.A. § 3 -7-40 et seq.; false
swearing, O.C.G.A. § 16-10-71
DIVISION 1. - GENERALLY
Sec. 4-10. - License is a privilege.
(a) Granted by City Council. Alcoholic beverages may be sold, provided or consumed
to or by the public in the City under a license granted by the city council or its
designee upon the terms and conditions provided in this Chapter.
(b) Privilege. All licenses in this Chapter shall be a mere grant of privilege to carry on
the business during the term of the license, subject to all the terms and conditions
imposed by this Code and state law.
(c) Compliance with local, state and federal law required. Any holder of any alcoholic
beverage license issued pursuant to this Chapter is required to apply for and obtain
an alcoholic beverage license from the state before any sales commence.
Additionally, City licensees are required to display the license prominently at all
times on the premises for which the license is issued and abide by all applicable
local, state, and federal regulations and laws.
Sec. 4-11. – License requirement; prohibitions for non-licensed premises.
(a) The manufacturing, distributing, and selling by wholesale or retail of alcoholic
beverages shall not be conducted without a permit or license issued by the City.
(b) It shall be prohibited for any person that performs or undertakes any type of
operation or activity for which an occupation tax certificate is required to keep,
possess, store, sell (at wholesale or retail), to provide to others, or to allow
alcoholic beverages or consumables on the premises without appropriate, valid
and current state and local licenses for such alcoholic beverages and/or
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 18 of 95
consumables. This prohibition shall apply without regard to whether the alcoholic
beverages or consumables are intended to be provided free of charge, as a part
of any promotion by the owner of the premises or operator of the business, to be
given as prizes in connection with any type of contests or raffles (which is
prohibited under state law), or intended to be given as bonuses or inducements
offered in connection with employment or the purchase of goods and/or services.
(c) It shall be prohibited for any person to provide alcoholic beverages or consumables
to the general public under the appearance that such alcoholic beverages or
consumables are not being sold but are being given away. The sale to any
member of the public of any ticket or the charging of any cover charge or fee, for
admission to any event or premises where alcoholic beverages are available
without further charge, as well as the sale of any ticket, stamp, token or similar
item which may be redeemed or exchanged for alcoh olic beverages or
consumables is considered a “retail sale” of alcohol under this Chapter and
requires an alcoholic beverage license.
(d) Any owner or tenant of a location or business, as well as any individual employed
by such owner, tenant or business who is present at the time when alcoholic
beverages or consumables are being provided by a non -licensed premises or
location as described in this section, may be charged with violating the provisions
of this Chapter.
Sec. 4-12. - Unlicensed sales or deliveries prohibited.
(a) It shall be prohibited for any licensee under this Chapter to make deliveries of any
alcoholic beverage by the package beyond the boundaries of the premises
covered by the license except as allowed by state law.
(b) It shall be prohibited for any licensee under this Chapter to allow the sale or
delivery of any alcoholic beverage by the drink to any area other than the premises
covered by the license.
(c) It shall be prohibited for unlicensed individuals to sell alcoholic beverages.
(d) Sales by the package by anyone other than a holder of a retail package license
are allowed only during special and temporary events approved pursuant to this
Chapter.
Sec. 4-13. - Display of license required.
The City alcoholic beverage license shall at all times be kept plainly exposed to view
to the public at the licensed premises.
(was 4-97)
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 19 of 95
Sec. 4-14. –Licensee and employees to be familiar with terms.
Each alcoholic beverage dealer licensed under this Chapter shall keep a copy of this
Chapter in the licensed premises and shall instruct any person working at the licensed
premises with respect to the relevant terms of this Chapter. Each licensee, the licensee's
agents and employees selling alcoholic beverages shall at all times be familiar with the
relevant terms of this Chapter.
(modeled from 4-128)
Sec. 4-15. - Joint responsibility.
Each partnership, corporation or entity shall be jointly responsibl e for the actions of
its named licensee, its employees while acting in the scope of their employment, and the
conduct of the licensed business.
Sec. 4-16. – Effect on licenses held at time of adoption.
All licensees holding a valid license for the manufacture, sale or provision of alcoholic
beverages issued by the City at the time of the enactment of the ordinance from which
this Chapter derives shall be deemed to have complied with all requirements as to
application and issuance of licenses under this Chapter for the year of issuance. The
licensees shall, however, meet all other requirements as to regulation and control as set
forth in this Chapter.
Secs. 4-17 – 4-19. - Reserved.
DIVISION 2. – QUALIFICATIONS
Sec. 4-20. Locations where permitted/prohibited.
(a) No alcoholic beverages or consumables may be kept, possessed, stored, sold,
provided, consumed, or allowed on the premises of an establishment licensed to
conduct business in the City except at establishments holding an alcoholic
beverage license under this Chapter.
(b) No person, entity or organization may provide alcoholic beverages or consumables
to the general public, whether for sale or otherwise, without first obtaining an
alcoholic beverage license under this Chapter.
(c) No license for alcoholic beverages shall be issued within the City for any
establishment, event or location at which patrons are handling deadly weapons,
including but not limited to, guns, knives, axes or arrows as a part of the business
or event for which a permit is sought.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 20 of 95
Sec. 4-21. - Architectural and zoning standards.
All premises for which an alcoholic beverage license is sought or has been issued
shall comply with all state and/or City ordinance requirements regarding architectural
and zoning standards. Failure to comply with said standards will subject the license to
non-issuance, suspension or revocation. The City shall not be held responsible for
licenses that are erroneously issued where architectural and zoning standards were
not satisfied, and any fees paid by the licensee will be forfeited.
Sec. 4-22. - Distance requirements.
(a) No person knowingly and intentionally may sell or offer to sell:
1) Any liquor by the package in or within 100 yards of any church building or
within 200 yards of any school building, educational building, school
grounds, or college campus.
2) Any beer or wine by the package within 100 yards of any school building,
school grounds, or college campus. This subparagraph shall not apply at
any location for which a license has been issued prio r to July 1, 1981, nor
to the renewal of such license. Nor shall this subparagraph apply at any
location for which a new license is applied for if the sale of beer or wine was
lawful at such location at any time during the 12 months immediately
preceding such application.
Nothing in this subparagraph shall prohibit a grocery store licensed for the
retail sale of only beer or wine for consumption off -premises from selling
beer or wine within 100 yards of any school building, school grounds, or
college campus, where so permitted by resolution or ordinance of the
County or City. As used in this subparagraph, the term "grocery store"
means a retail establishment which has a total retail floor space of at least
10,000 square feet of which at least 85 percent (8 5%) is reserved for the
sale of food and other nonalcoholic items, conducts all of its sales inside the
building containing its retail floor space, and meets such other criteria as
may be required by the local governing authority of the County or City.
3) Any beer, wine, or liquor by the package within 100 yards of an alcoholic
treatment center owned and operated by this state or any county or city
government therein. This paragraph shall not apply to any business having
a license in effect on July 1, 1981.
As used in this subsection, the term "school building" or "educational building" shall
apply only to state, county, city, or church school buildings and to such buildings
at such other schools in which are taught subjects commonly taught in the common
schools and colleges of this state and which are public schools or private schools
as defined under state law.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 21 of 95
(b) Nothing contained in this Section shall prohibit the licensing of the sale or
distribution of alcoholic beverages for on-premise consumption by:
1) Hotels of 50 rooms or more which have been in continuous operation for a
period of at least five (5) years preceding July 1, 1981;
2) Bona fide private clubs, subject to licensing under this Chapter; and
3) Licensees for the retail sale of alcoholic beverages for consumption on -
premises only.
(c) For purposes of this Section, distances shall be measured by the most direct route
of travel on the ground.
(d) As used in this subsection, the term "housing authority p roperty" means any
property containing 300 housing units or fewer owned or operated by a housing
authority created by Article 1 of Chapter 3 of Title 8, the "Housing Authorities Law.”
(e) No person knowingly and intentionally may sell any alcoholic beverages for
consumption on the premises within 100 yards of any housing authority property.
(f) Distance requirements for the sale of alcoholic beverages, and the manner in
which distances shall be measured, shall be governed by state law.
(g) Preexisting establishments. No location which is licensed to sell alcoholic
beverages on the effective date of the ordinance from which this section is derived
shall be denied continued operation under an existing license.
(h) New church or schools or other restricted use. As to any location licensed in the
future, if the distance requirements in this section are met at the time of issuance
of any alcoholic beverage license, the subsequent opening and operation of a
church or school or other restricted use facility within the distance prohibited in this
section shall not prevent the continuance of an existing license or the issuance of
a new license to any subsequent owner of such property.
Sec. 4-23. – Applicant standards.
(a) No license for alcoholic beverages issued pursuant to this Chapter shall be granted
to any person who is not:
1) At least 21 years of age; and
2) A United States citizen, legal permanent resident of the United States;
or a qualified alien or non-immigrant under the Federal Immigration and
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 22 of 95
Nationality Act with an alien number issued by the Department of
Homeland Security or other federal immigration agency.
(b) If the applicant is a partnership or corporation, the provisions of this section shall
apply to all its partners, officers, and majority stockholders. Issuance of the license
shall be as follows:
1) In the case of a corporation, the license shall be issued jointly to the
corporation and the majority stockholder, if an individual. If the majority
stockholder is not an individual, the license shall be issued jointly to the
corporation and its designated applicant or Licensee Agent under the
provisions of this Chapter.
2) In the case of a partnership, the license shall be issued to the partnership
and all the partners owning at least 20 percent (20%) of the partnership
If no partner owns 20 percent (20%) of the partnership, then the general
partner, managing partner or the partner with the greatest ownership
will be licensed.
(c) No person shall be granted any alcoholic beverage license unless it shall appear
to the satisfaction of the City Manager that neither such individual nor any person
with 20 percent (20%) or more ownership in the entity, nor any officer or director
of the corporation shall have been convicted of, entered a guilty plea or a plea of
nolo contendere, or been released from parole o r probation within a period of ten
(10) years immediately prior to the filing of such application, for:
1) Moral turpitude;
2) Illegal gambling;
3) Felony possession or sale of controlled substances;
4) Illegal possession or sale of alcoholic beverages, including the sale or
transfer of alcoholic beverages to minors in a manner contrary to law;
5) Keeping a place of prostitution;
6) Pandering;
7) Pimping;
8) Public indecency;
9) Prostitution;
10) Solicitation of sodomy; or
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 23 of 95
11) Any sexually related crime.
An applicant may establish the required lack of criminal history listed by providing
an official Federal Clearance Letter from the Federal Court of the individual’s state
of residence or a Criminal History Report from a Police Department, Sheriff’s
Department or the official state crime investigation center in the individual’s state
of residence. The City Manager may also require a Criminal History Consent Form
and/or an Affidavit of Criminal History to be completed and submitted by any
individual.
(d) It shall be prohibited for any City employee directly involved in the issuance of
alcoholic beverage licenses under this Chapter to have any whole, partial, or
beneficial interest in any license to sell alcoholic beverages in the City.
(e) No license for alcoholic beverages issued pursuant to this Chapter shall be granted
to any person who has had any alcoholic beverage license issued by any
jurisdiction within the state revoked within two (2) years prior to the filing of the
application.
(f) The City Manager or City Council may decline to issue an alcoholic beverage
license when any person having any ownership interest in the operation of such
place of business or having control over such place of business does not meet the
same character requirements as set forth in this section for the licensee.
(g) Corporate or business applicants shall be of good business reputation.
(h) An alcoholic beverage license application may be denied to any applicant for any
alcoholic beverage license where it appears that the applicant would not have
adequate financial participation in the proposed business to direct and manage its
affairs, where the applicant or the Licensee Agent does not have sufficient control
over the operations of the business to assure compliance with the provisions of
this Chapter, or where it appears that the application is intended to be a mere
surrogate for a person who would not otherwise qualify for a license for any reason
whatsoever.
(previously section 4-73)
Sec. 4-24. - Effect of prior criminal history; exceptions.
(a) An applicant or Licensee Agent's first-time conviction for illegal possession of
alcohol as a misdemeanor or violation of a City ordinance shall not, by itself, make
an applicant/Licensee Agent ineligible for an alcoholic beverage license.
(b) For purposes of this Chapter, a conviction or plea of guilty or nolo contendere shall
not be considered as to any offense for which a defendant was allowed to avail
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 24 of 95
themselves of this state’s first offender provisions, O.C.G.A. § 42-8-60 et seq.;
provided, however, that any such offense may be considered where the defendant
violated any term of probation imposed by the court granting first offender
treatment or committed another crime a nd the sentencing court entered an
adjudication of guilt as to the crime for which the defendant had previously been
sentenced as a first offender.
(modeled after 4-74)
Sec. 4-25. Pending application for business on prior licensed premises.
Where there is a pending application for a new licensee or a change of ownership
for a business that is to be located in premises that have been licensed within a year prior
to the pending application, the new applicant may continue to sell alcohol in the same
capacity as previously licensed pursuant to a management agreement with the existing
licensee for a maximum period of 30 days beyond the sale or transfer of the licensed
premises. However, the 30 days of operation under the management agreement shall be
counted as the first month of sales for the purposes of calculating the alcohol license fees
that are due. If a violation of this Chapter occurs during the 30 days that the business is
operating under a management agreement pursuant to this section, both the pri or
licensee and the new applicant can be charged and held liable. Moreover, any such
violation may serve as grounds for denial of the new license.
Secs. 4-26 – 4-29 – Reserved.
DIVISION 3 – APPLICATION REQUIREMENTS
Sec. 4-30. - Application requirements.
(a) City form. All persons desiring to sell alcoholic beverages or desiring to obtain a
BYOB License or any other license provided for in this Chapter shall make an
application on the form prescribed by the City Manager or his or her designee.
(b) Contents. The application shall include, but not be limited to:
1) The name and address of the applicant/Licensee Agent;
2) The proposed business to be carried on and type of license desired;
3) If a partnership, the name and residence address of each partner;
4) If a corporation, the names of the officers;
5) The name and address of the registered agent for the service of the
process;
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 25 of 95
6) The name of the manager;
7) The names of all shareholders holding more than 20 percent (20%) of any
class of corporate stock, or any other entity having a financial interest in
each entity which is to own or operate the establishment for which a license
is sought; and evidence of compliance with any prior notice requirements,
including but not limited to O.C.G.A. § 3-4-27 where applicable.
(c) Financial information. All applicants shall furnish such financial and other
information and records as may be required by the City Manager to ensure
compliance with the provisions of this Chapter. Failure to furnish information and
records pursuant to such request shall automatically serve to dismiss the
application with prejudice.
(d) Agreements. All agreements between and among any persons or stockholders of
corporations or partners of partnerships applying for a license to sell or dispense
any alcoholic beverages and which agreements reflect or control ownership,
division of profits, sharing of revenues of any kind, including payment of rents, or
which agreements reflect any other arrangements in connection with ownership,
rents, profit sharing or income shall be in writing, and copies of all these
agreements shall, upon request, be furnished to the City Manager.
(e) Survey. Except for businesses that meet the definition of an eating establishment,
the application shall have attached a survey (dated no more than 180 days prior
to submission of the application to the City), certified by a registered surveyor of
this state, showing a scaled drawing of the premises, the location on the premises
where the applicant desires to operate an alcoholic beverage establi shment, and
the distance in linear feet measured pursuant to state law and Section 4 -22 of this
Chapter to the nearest church building, school building, educational building,
school grounds or college grounds or college campus building. If the applicant is
a new owner of an establishment at a location where the sale of alcoholic
beverages was lawful at any time during the 12 months immediately preceding
such application, a survey is not required. The City Manager has the discretion to
waive the survey requirement if it can otherwise be confirmed with clear evidence
that there is no school, church, or other restricted facility in proximity to the
proposed licensed premises.
(f) Notary. All applications shall be sworn to by the applicant/Licensee Agent before
a notary public or other officer empowered by law to administer oaths.
(g) Consent. Each applicant/Licensee Agent authorizes the City and its agents to
secure from any court, law enforcement agency, or other public agency his criminal
and civil history and to use such information in determining whether the license
applied for shall be issued. Each applicant, as a consideration of the application,
further authorizes the City and its agents to use such information in any public
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 26 of 95
hearing with respect to the license applied for, either before or after the issuance
of the license. Each applicant waives any right that he or she would otherwise have
to preclude the City or its agents from obtaining and using such information, and
each applicant further waives any liability of the City or its agents for obtaining and
using such information.
(h) License fees. The application shall be accompanied by the prerequisite application
non-refundable processing fee and license fee(s) as established by the City
Council. Except for applications for special event alcohol licenses, all licenses
granted under this Chapter shall be for the months remaining in the calendar year
after application is made. License fees for new licenses granted shall be based on
the number of months remaining in the calendar year; a partial month shall be
counted as a full month.
(modeled from 4-47)
Sec. 4-31. - Separate application for each location and license type required.
A separate license application is required for each location of sale and must identify
the license category for which application is made. A separate license shall be obtained
for each separate location.
Locations will be deemed separate if they have different addresses or different
entrances with separate trade names. The City may allow an applicant to utilize the same
form for multiple alcoholic beverage license types at the same establishment or may
require a separate application for the different license types. Under either circumstance,
the City Manager and City Council will act upon each license type as a separate
application.
Pursuant to Ga. Comp. Rules and Regs. 560 -2-3-.15, no establishment licensed to
sell beer, wine, and/or liquor for consumption on-premises shall hold any license to sell
liquor by the package for the same location. However, on-premise consumption retailers
may, subject to the provisions of this Chapter, also apply for and obtain a beer and/or
wine package license, provided that all additional requirements are met and additional
fees paid.
(modeled after 4-48, 4-54)
Sec. 4-32. – Accurate application required; consequences for false or misleading
statements or omissions.
An applicant shall provide complete and accurate information in support of an
application. Any material omission, false or misleading information contained in or omitted
from an original, renewal or transfer application for an alcoholic beverage license under
this Chapter shall be cause for the denial thereof and, if any license has previously been
granted, such circumstances shall constitute cause for revocation.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 27 of 95
Sec. 4-33. - Registered agent required.
All licensed establishments must have and continuously maintain in Fulton County,
or any county that borders Fulton County, a registered agent upon whom any process,
notice or demand required or permitted by law or under this Chapter required to be served
upon the licensee or owner may be served. This person must be a resident of one of the
aforesaid counties. The licensee shall file the name of such designated registered agent,
along with the written consent of such individual to serve as the registered agent for the
licensee, with the City Manager on such form as he or she may prescribe.
(modeled after 4-96)
Sec. 4-34. – Non-refundable processing fees.
Each application or renewal for an alcohol license under this Chapter shall be
accompanied by non-refundable processing fees in an amount to be determined by the
City Council to defray processing, administrative, and investigative costs. Processing fees
shall be paid at the time the application is filed. Any person applying for more than one
(1) license on a given application, to the extent that such is authorized by the City
Manager, shall pay only one (1) set of processing fees.
(modeled after 4-49)
Sec. 4-35. - Withdrawal by applicant; refund of license fee deposit.
(a) Any license application made pursuant to this Chapter may be withdrawn by the
applicant at any time.
(b) If the application is withdrawn before the license is issued, any sums deposited as
license fees will be refunded (without interest), less non-refundable processing
fees. After issuance of the license, no refund will be made. No refunds shall be
made under any circumstances for investigative and administrative expenses
required in this Chapter.
(c) No license shall be issued for less than a calendar year, and if an issued license
is revoked or surrendered before the expiration of a calendar year, the licenses
shall not be entitled to any refund.
(d) Notwithstanding the foregoing provisions, the City Council may approve a partial
refund of the license fee paid to the City if the licensed business cannot continue
to be operated due to any action taken by the City beyond the licensee's control
(excluding a suspension, revocation or other disciplin ary action). If a refund is
approved by the City Council, the refund shall be calculated as follows:
1) Three-fourths of the license fee if the licensee goes out of business during
the first quarter of the calendar year.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 28 of 95
2) One-half of the license fee if the licensee goes out of business during the
second quarter of the calendar year.
3) One-fourth of the license fee if the licensee goes out of business during the
third quarter of the calendar year.
4) No refund if the licensee goes out of business during the fourth quarter of
the calendar year.
(modeled after 4-50)
Secs. 4-36 – 4-39 Reserved.
DIVISION 4 – GRANT OR DENIAL OF APPLICATIONS; APPEALS
Sec. 4-40. - Consideration of applications by Chief of Police and City Manager.
(a) Chief of Police. Each application for an alcoholic beverage license shall be referred
to the Chief of Police or his or her designee for investigation. The Chief of Police
or his or her designee shall report the findings to the City Manager. Such findin gs
shall include a recommendation as to the qualifications of the applicant.
(b) City Manager. The City Manager shall have the authority to:
(1) Request additional written or investigative information from the applicant or city
staff deemed necessary to consider an application prior to a decision;
(2) Grant an applicant a Temporary Alcoholic Beverage License or Special Event
Alcohol License, consistent with the provisions of this Chapter;
(3) Submit an applicant’s completed license application to the City Coun cil for
hearing, along with a recommendation for approval;
(4) Submit an applicant’s request for “Conditional approval for completion of
proposed licensed premises”, in accordance with Sec. 4-43 of this Chapter, to
the City Council for hearing, along with a recommendation for approval or
denial;
(5) Deny any application on the grounds that it is incomplete, fails to show the
applicant has satisfied the qualifications set forth in this Chapter or other
provisions of this Code; shows the applicant, location, or application would not
qualify under State law or Georgia Department of Revenue Regulations; or for
other due cause; and
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 29 of 95
(6) Receive and submit an applicant’s appeal of the City Manager’s decision to
deny the application to the City Council for he aring, along with a copy of the
City Manager’s decision; and
(7) Receive an applicant’s appeal of the Police Chief’s decision to deny an
alcohol/server permit under Section 4-122(d) and submit such appeal to the
City Council for hearing, along with a copy of the Police Chief’s decision.
(8) With the exception of Temporary Alcoholic Beverage Licenses or Special Event
Alcohol Licenses, no application for an original license shall be granted until a
public hearing has been held before the City Council as scheduled by the City
Manager or his or her designee.
(c) Notice Required. The City Manager shall provide written notice to any applicant
whose application is denied. Such written notification shall set forth in reasonable
detail the reasons for such denial and shall advise the applicant of the right to an
appeal before the City Council with a right to present evidence and cross examine
witnesses. Such notice shall be mailed by certified mail to the registered agent at
the address provided and to the named licensee at the licensed premises. Delivery
shall be deemed to take place on the third day following deposit in the United
States mail.
(total rewrite)
Sec. 4-41. – City Council’s consideration of applications; appeals.
(a) Public hearings. The City Council shall hold public hearings to (i) consider license
applications and recommendations submitted from the City Manager for action,
and (ii) consider applicant appeals from decisions of the City Manager to deny
license applications or applicant appeals from decisions of the Police Chief to deny
seller/server permits. Witnesses and evidence shall be presented by the City
Manager or his or her designee, and the licensee shall be entitled to present
evidence and witnesses and cross-examine the City’s witnesses.
(b) 10 days’ prior notice. Public hearings shall be scheduled by the City Manager, who
shall give at least ten (10) days' prior written notice of the time, place, and purpose
of the hearing, and a statement of the charges upon which the hearin g before the
City Council shall be held. If to the licensee or licensee’s agent, service of such
notice shall be by personal service on the registered agent by the Police
Department, Code Enforcement Officer, or other City designee. If personal service
fails, the notice shall be mailed by certified mail to the registered agent at the
address provided, to the licensee, and to the licensee’s employee. Delivery shall
be deemed to take place on the third day following deposit in the United States
mail.
(c) During or following the hearing, the City Council may:
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 30 of 95
(1) Request additional written or investigative information from the applicant, City
Manager, or City staff deemed necessary to consider an application prior to
a decision;
(2) Consider an application recommended for approval by the City Manager and
render a final determination approving or denying the application;
(3) Hear any appeal from a decision of the City Manager to deny an application
and render a final determination upholding or overturning the City Manager’s
decision;
(4) Consider a recommendation from the City Manager to grant or deny
“Conditional approval for completion of proposed licensed premises”
consistent with Sec 4-43 of this Chapter and render a final determination.
(5) Deny any application on the grounds that it is incomplete, fails to show the
applicant has satisfied the qualifications set forth in this Chapter or other
provisions of this Code; shows the applicant, location or application would not
qualify under State law or Georgia Department of Revenue Regulations; or
(6) for other due cause.
(d) Notice Required. The City Council shall provide written notice to any applicant
whose application is denied. Such written notification shall set forth in reasonable
detail the reasons for such denial. Service of such notice shall be by personal
service on the registered agent by the Police Department or Code Enforcement
Officer or other designee of the City Manager. If personal service fails, the notice
shall be mailed by certified mail to the registered agent at the address provided
and to the named licensee at the licensed premises. Delivery shall be deemed to
take place on the third day following deposit in the United States mail.
(e) Appeal. Any decision by the City Council denying an application shall be final
unless the applicant applies to the Superior Court of Fulton County by filing a
petition for writ of certiorari within 30 days of the decision rendered by the City
Council.
(f) Reapplication permitted after one (1) year. In all instances in which denial of an
application is final under the provisions of this Chapter, the applicant may not
reapply for a license for the same location for at least one (1) year from the date
of such final denial.
(g) Return of license fee upon denial. If the application is finally denied, and the
applicant did not temporarily operate licensed premises under any provision of this
Chapter, the license fee, if paid at the time of application, shall be refunded.
However, non-refundable processing fees and Temporary License fees will not be
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 31 of 95
refunded. If the applicant operated on prior licensed premises under Section 4 -25
of this Chapter while the application was pending, and the application is denied,
the applicant shall be entitled to a pro rata refund of the license fee, if a license fee
was paid at the time of application.
(per 4-53, but this is redone in its entirety)
Sec. 4-42. – Exercise of Discretion.
(a) The City Manager and City Council, in their discretion, shall consider the evidence,
including any extenuating, aggravating or mitigation facts or circumstances that
may affect or reflect upon the applicant, the application, and/or the proposed
location of the business in light of this Chapter.
(b) If, after consideration of the evidence, the City Council determines that stipulations
or conditions should attach to a decision to approve an application, the City Council
shall provide for such conditions in its action.
(c) In addition to all other authority to grant or deny a license, any application for a
license may be denied by the City to safeguard the health, safety and welfare of
the community. In making such a determination, the City Council shall assess the
extent to which the granting of the license or the continued holding of the license
would contribute to issues, including but not limited to, littering, loitering or public
consumption of alcoholic beverages in the area of the establishment, and the
exposure of minors to the sale of alcoholic beverages because of the number of
minors who frequent the establishment.
(per 4-75, but significantly revised)
Sec. 4-43. – Conditional approval prior to completion of proposed licensed
premises.
If a building in which a holder of an alcoholic beverage license intends to operate
under this Chapter is, at the time of the application for a license, not in existence or not
yet completed, a license may be conditionally approved by the City Council for the
location, provided the plans for the proposed building clearly show an intention to comply
with all local, state, and federal requirements. No sales or consumption shall be allowed
in the establishment until it has been completed in accordance with the plan s and is in
conformity with the requirements of this Chapter, local ordinances and all state and
federal laws and regulations.
Secs. 4-44 – 4-49 Reserved.
DIVISION 5. – EXPIRATION, RENEWAL, FORFEITURE, AND TRANSFER
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 32 of 95
Sec. 4-50. – Annual expiration; renewal requirements.
(a) All licenses granted under this Chapter shall expire on December 31 of each year.
Licensees shall be required to file a renewal application accompanied by the
requisite fee with the City Manager on the form provided for a renewal license for
the ensuing year.
(b) The Applicant for renewal shall be required to comply with all rules and regulations
for the granting of licenses each year, including the submittal of the required forms,
reports or other requested data establishing compliance with criminal history
requirements of this Chapter.
(c) Alcoholic beverage license renewal applications and payments are due on or
before November 15 of each year. Renewal applications and payments received
between November 16 and December 15 are subject to a ten percent (10%) lat e
fee, plus interest.
(d) Licensees failing to renew their alcoholic beverage licenses on or before
December 15 must reapply for an alcoholic beverage license. In such cases, the
application will be treated as if no previous license had been held, includin g the
need to review the investigative, zoning, and distance requirements. Under this
situation, the Applicant shall be required to pay the ten percent (10%) penalty, plus
interest, along with other fees associated with a new application.
The City shall not be responsible for the consequences of delays in the issuance of
any license under this Chapter.
(modeled after 4-101)
Sec. 4-51. - Automatic forfeiture of license for nonuse.
(a) All holders of licenses under this Chapter must, within six (6) months after the
issuance of said license, open for business the establishment referred to in the
license. Failure to open the licensed establishment within six (6) months after the
issuance of such license shall serve as cause for the revocation of such license,
and no refund of license fees or other related fees shall be made. A three -month
(3) extension to the original six-month (6) period may be granted by the City
Manager if requested within the said six-month (6) period in compliance with other
sections of this Chapter.
(b) Any Licensee under this Chapter who shall for a period of three (3) consecutive
months after the license has been issued cease to operate the business and sale
or service of the products authorized shall automatically forfeit the license without
the necessity of any further action.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 33 of 95
(modeled after 4-102)
Sec. 4-52. - Transferability of license.
No alcoholic beverage license shall be transferable, except as otherwise provided in
this section.
(a) In the event of the death of a licensee, the establishment shall be allowed to
continue to sell or serve alcoholic beverages, or otherwise continue to operate with
a BYOB License, in accordance with this Chapter, for a period of 45 days from the
date of death, or until the expiration of the license, or until approval of a new
licensee, whichever shall first occur; provided that no sale or on -premise
consumption of alcoholic beverages shall be allowed until such time as a personal
representative of the estate, appointed by a probate court of competent jurisdiction,
shall make an application for new license or transfer with the City Manager.
(b) If a license is surrendered or a licensee severs his or her association with a
licensed establishment but there is no change in ownership, the establishment may
continue to sell or serve alcoholic beverages, or otherwise continue to operate with
a BYOB License or other license issued under this Chapter, in accordance with
this Chapter, for a period of 45 days from the date of surrender, or from the date
determined by the City Manager to be the date of severance; provided that no such
establishment may sell or serve alcoholic beverages or otherwise operate pursuant
to any license under this Chapter until such time as a new application for a license
is made. The application shall indicate that no change of ownership has occurred,
except as allowed for in this section. Upon issuance of a new license, the
authorization related to alcoholic beverages under the previous license shall be
revoked by operation of law. No additional license fees shall be required during the
period for which the original license was issued.
(c) Nothing in this Section shall prohibit one (1) or more of the partners, members or
shareholders holding a license from withdrawing from the partnership, corporation
or entity in favor of one (1) or more of the partners, members or shareholders who
held an ownership interest at the time of the issuance of the license. This Section
shall not prohibit transfer of stock between persons who held stock in the
corporation at the time of issuance of the license nor shall it prohibit transfers of
stock which do not result in any person increasing his or her stock holdings to a
total of ten percent (10%) or more of any class of stock.
(d) Except as provided in subsections (a) through (c) of this Section, any change in
the ownership of any entity owning a licensed establishment sha ll cancel and
revoke any license pursuant to this Chapter automatically, without the necessity of
any hearing.
(e) Should a licensee wish to change its location, but continue to operate the same
business, said licensee may make application to the City Manager for a transfer of
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 34 of 95
location. Should such a transfer of a location be approved, with no change of
ownership of the business, the license fee paid for the previous license shall be
applied to the new location. Each applicant for a transfer of location shall pay a
transfer fee as set forth from time to time by City Council ordinance.
(f) Violation of this Section may result in the suspension or revocation of the license
being used and/or a fine on the new ownership and the old ownership as provided
in this Chapter.
(g) If a violation of this section results in revocation of the license, no license will be
issued to the old or the new owner in the City for one (1) year from the date of such
violation.
(modeled after 4-99)
Secs. 4-53 – 4-59. Reserved.
DIVISION 6. – SUSPENSION, REVOCATION, OTHER PENALTIES
Sec. 4-60. – Suspension or revocation of license or permit; other penalties
authorized.
(a) The City Council shall be authorized to suspend or revoke an alcoholic beverage
license or permit or impose other penalties upon the licensee, licensee’s
employee, or licensee’s agent under the conditions set forth in this Chapter.
However, no revocation, suspension or other penalty shall be imposed without
first providing the notice, hearing, and appeal rights as more specifically provided
in this Chapter.
(b) No alcoholic beverage license or permit, after having been issued, shall be
suspended or revoked except for due cause. Sufficient grounds, or due cause, for
the suspension or revocation of a license or the imposition of other penalties
include, but are not limited to, the following:
1) The violation of the laws or ordinances regulating the business;
2) The violation of any local, state or federal law;
3) The violation of provisions of this Chapter;
4) Any reason which would authorize the City to refuse the issuance of a
license or permit;
5) Where a licensee has failed to open for business within six (6) months after
approval of the license; provided however, that prior to the expiration of
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 35 of 95
such period, the City Manager may extend the time in which a licensee is
required to open for business by up to three (3) months, upon the timely
receipt of a written request from a licensee for such an extension;
6) After opening, where a licensee has ceased to operate the business for a
period of three (3) consecutive months;
7) Where a licensee's state license or permit for the sale of alcoholic
beverages has been suspended or revoked;
8) Where a licensee or such licensee’s employee or agent, has sold or served
alcoholic beverages or allowed patrons to bring their own alcohol to the
premises during a period of suspension;
9) Where a licensee has provided incomplete, fraudulent or untruthful
information in the original application or renewal process for an alcoholic
beverage license;
10) Where a licensee has failed to file necessary reports, failed to cooperate in
any matter related to the license, failed to pay any fee, license fee, tax, fine
or other amount due to the City under this Chapter or any other licensing
ordinance of the City, has failed to file a required return or to pay taxes
imposed, or has failed to maintain any and all of the general qualifications
applicable to the initial issuance of a license as set forth in this Chapter;
11) Where a licensee, or such licensee's employee or agent, has served or
sold any alcoholic beverage to any person that the licensee or the
licensee's employee or agent knew or should have known to be under the
age of 21 years;
12) Where a licensee, or such licensee's employee or agent, has served or
sold any alcoholic beverage to any person that the licensee or the
licensee's employee or agent knew or should have known to be in a state
of intoxication at the time of service;
13) Where a licensee, or such licensee’s employee or agent, has allowe d any
person to consume alcohol pursuant to a BYOB license when the licensee,
licensee’s employee or agent knew or should have known that such person
was in a state of intoxication;
14) Where a licensee has violated any other law, ordinance or regulation
governing the operation of establishments licensed to sell alcoholic
beverages or which is reasonably related to the operation of such
establishments;
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 36 of 95
15) Where a licensee, or such licensee's employee or agent, has violated any
other provision of this alcoholic b everage Chapter or state law;
16) Where a licensee or an individual or person with 20 percent (20%) or more
ownership in the entity, or any officer or director of the licensee shall have
a conviction for any of the following subsequent to issuance of the lice nse:
moral turpitude, illegal gambling, felony possession or sale of controlled
substances, illegal possession or sale of alcoholic beverages, including the
sale or transfer of alcoholic beverages to minors in a manner contrary to
law; keeping a place of prostitution; pandering; pimping; public indecency;
prostitution; solicitation of sodomy; or any sexually related crime.
17) In addition to all other authority to suspend or revoke a permit or license,
any license may be suspended or revoked to safeguard the health, safety
and welfare of the community. In making such a determination, the city
council shall assess the extent to which the continued holding of the
license would contribute to issues, including but not limited to, littering,
loitering or public con sumption of alcoholic beverages in the area of the
establishment, and the exposure of minors to the sale of alcoholic
beverages because of the number of minors who frequent the
establishment.
Sec. 4-61. – Notice of violations; City Manager’s authority.
(a) Chief of Police and Finance Director. The Chief of Police and Finance Director
shall notify the City Manager of violations by licensees, licensee’s employees, or
licensee’s agents related to enforcement and administration of this Chapter that
reflect the failure to comply with the requirements of this Chapter or state or federal
law.
(b) City Manager. Upon information known to or received by the City Manager that
creates a reasonable belief that a licensee, licensee’s employee, or licensee’s
agent has violated law or otherwise failed to comply with requirements of this
Chapter, the City Manager shall have the responsibility and authority to:
1) Evaluate the severity of the situation and immediately ensure
appropriate measures are taken with regard to any health, safety or
welfare concerns to address any immediate threat of harm or damage
based upon the information received;
2) Authorize any investigation needed on the part of appropriate persons,
requesting additional written or investigative informatio n from the
licensee, city staff, or other authorities or persons deemed necessary
to consider the actions or inactions of the licensee, licensee’s
employee, or licensee’s agent;
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 37 of 95
3) After providing the licensee, licensee’s employee, and/or licensee’s
agent with notice of violations and the opportunity to respond to the
charges, and following the receipt and consideration of any response,
the City Manager shall determine whether due cause exists to
recommend action against the licensee, licensee’s employee or
licensee’s agent, up to and including revocation of the license or permit.
4) Upon a finding of due cause, the City Manager shall provide written
notice to the licensee, licensee’s employee, and/or licensee’s agent, as
appropriate, setting forth in reasonable detail the facts upon which due
cause exists to take action, the nature of the proposed action, and
advising of the scheduling of a public hearing before the City Council
with a right to present evidence and cross examine witnesses. Such
notice shall be mailed by certified mail to the registered agent at the
address provided, to the named licensee at the licensed premises, and
to any person alleged to have committed the violation. Delivery shall be
deemed to take place on the third day following deposit in the United
States mail. A copy of the notice shall also be provided to the City
Council.
Sec. 4-62. – Conduct of public hearing by City Council.
(a) Public hearings. The City Council shall hold public hearings to consider
recommendations submitted from the City Manager for action based on due cause
for violations of a licensee, licensee’s employee, or licensee’s agent, based on due
cause as described in of this Chapter. Witnesses and evidence shall be presented
on behalf of the City by the City Manager or his or her designee, and the licensee,
licensee’s employee, or licensee’s agent shall be entitled to present evidence and
witnesses and to cross-examine the City’s witnesses.
(b) 10 days’ prior notice. Public hearings shall be scheduled by the City Manager, who
shall give at least ten (10) days' prior written notice to the licensee of the time,
place, and purpose of the hearing, and a statement of the charges upon which the
hearing before the City Council shall be held in accordance with this Section. If to
the licensee or licensee’s agent, service of such notice shall be by personal service
on the registered agent by the Police Department, Code Enforcement Officer, or
other City designee. If to the licensee’s employee, personal service shall be upon
the employee. If personal service fails, the notice shall be mailed by certified mail
to the registered agent at the address provided, to the licensee, and to the
licensee’s employee. Delivery shall be deemed to take place on the third day
following deposit in the United States mail.
(c) Upon hearing the matter, the City Council, shall render a decision as to whether
due cause exists for action against the licensee, licensee’s employee, or licensee’s
agent. If due cause exists, the City shall determine the appropriate penalty, up to
and including suspension and/or revocation of a permit or license.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 38 of 95
(d) Appeal. Any decision by the City Council denying an application shall be final
unless the applicant applies to the Superior Court of Fulton County by filing a
petition for writ of certiorari within 30 days of the decision rendered by the City
Council.
(e) Reapplication permitted after one (1) year. In all instances in which a license is
revoked, the licensee may not reapply for a license for the same location for at
least one (1) year from the date of such final denial.
(f) No return of license fee upon revocation. If the license is revoked, the licensee
shall not be entitled to the return of all, or any portion of, the license fee.
Sec. 4-63. – Exercise of discretion; consideration of mitigating factors.
(a) Nothing in this Section shall be deemed to require suspension or revocation of a
license, and each violation should be considered at the discretion of the City
Council on a case by case basis. The City Manager and City Council, in their
discretion, shall consider the evidence, including any extenuating, aggravating or
mitigation facts or circumstances that may affect or reflect upon the applicant, the
application, and/or the location of the business in light of this Chapter.
(b) Penalties for the licensee may be mitigated by the City Council upon presentation
of evidence that the licensee established practices and procedures to prevent the
violation from occurring. Such mitigating factors may include:
1) Attendance at a Responsible Alcohol Sales and Service (RASS) workshop by
the licensee and/or managers;
2) Implementation and components of written policies;
3) Evidence that employees have or do not have alcohol seller/server permits;
4) Evidence that the licensee conducts its own "secret shopper" or internal "sting"
operations and the results therefrom;
5) Implementation and components of an employee training program;
6) Length of time in business;
7) Whether the ID was requested;
8) The degree to which the licensee has other procedures in place to monitor its
alcohol servers/sellers for compliance;
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 39 of 95
9) Whether the licensee enforces a zero-tolerance policy in which employees are
terminated for any knowing violation of this Chapter; and
10) Other evidence demonstrating the licensee's efforts to comply with the
ordinance and prevent illegal alcohol sales or service in the licensed
establishment and the community at large.
(was 4-122, 4-125)
Sec. 4-64. – Consideration of progressive actions; mandatory penalties for sale or
service to persons under 21; criminal penalties.
(a) If a licensee is found to have violated any provision of this Chapter, excluding
selling or serving underage persons, the City shall ordinarily give consideration to
the following progressive actions:
1) The first alleged violation in a 12-month period shall result in a mandatory
hearing before the City Council and the issuance of a warning or a license
suspension for a period of up to thirty (30) days if the violation is sustained.
2) The second alleged violation within a consecutive 12 -month period shall
result in a mandatory hearing before the City Council and the issuance of a
license suspension for a period of up to sixty (60) days if the first and second
violations were sustained.
3) The third alleged violation within a consecutive 12-month period shall result
in a mandatory hearing before the City Council and cause the revocation of
the license and the inability of the licensee to obtain a license from the City
for a term of up to three (3) years from the date of revocation if the first,
second, and third violations were sustained.
(b) If a licensee or employee of such licensee has a conviction (including for purposes
of this paragraph, a plea of nolo co ntendere or the forfeiture of bond) for the
violation of O.C.G.A. § 3-3-23 or any section of this Chapter relating to the sale or
service of alcoholic beverages to any person under 21 years of age, the following
minimum penalties shall apply:
1) The first conviction shall result in a mandatory hearing before the City
Council, a minimum fine of $500.00, and may result in a license suspension
for a period of up to thirty (30) days.
2) The second conviction within a consecutive 24 -month period shall result in
a mandatory hearing before the City Council, a minimum fine of $750.00,
and a license suspension for a minimum period between seven (7) and sixty
(60) days.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 40 of 95
3) The third conviction within a consecutive 24-month period shall result in a
mandatory hearing before the City Council, a minimum fine of $1,000.00,
and revocation of the license absent a showing of mitigating circumstances
deemed sufficient in the discretion of the City Council to allow retention of
the license.
(c) Nothing contained in this Chapter shall be construed to preclude the City Council
from suspending or revoking an alcoholic beverage license or alcohol seller/server
permit for a period exceeding those described in this Section if the City Council
determines in its discretion that such action is n ecessary and in the best interest
of the public health, safety and welfare of the City.
(d) For any license suspension of less than thirty (30) days, the licensee will not be
required to remove alcoholic beverages from the premises, but shall be required
to secure with lock and chain, or similar locking mechanism, all refrigeration units
containing alcoholic beverages, and remove non-refrigerated alcoholic beverages
to an on-premises locked storage area or otherwise secure such beverages so that
they are out of view and access of the public.
(e) Actions taken by the City Council shall be in addition to any criminal citation and
prosecution by the City. Each violation of this Chapter shall constitute a separate
offense subject to a separate citation and penalties. Criminal penalties may result
in a fine not to exceed $1,000.00, imprisonment not to exceed sixty (60) days, or
both.
(was 4-123)
Secs. 4-65 – 4-69. Reserved.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 41 of 95
ARTICLE III. LICENSE TYPES & SPECIAL PROVISIONS
DIVISION 1. LICENSE TYPES
Sec. 4-70. – Types of licenses and permits.
Subject to satisfying the qualifications and requirements contained in this Chapter
and local, state and federal law, Applicants may apply for the licenses and permits
identified in this Chapter.
(a) Off-Premise Licenses. Applicants that satisfy the applicable zoning and distance
requirements may apply for a consumption Off-Premise License that includes one
(1) or more of the following types of retail package categories for Off -Premise
Licenses:
1) Retail Package Beer License: Allows retail sale of beer in the original
package, Growler or Crowler. This license type would be available to the
following types of qualified establishments: Brewpubs, City Food Markets,
Craft Beer and/or Wine Markets, Growler/Crowler Shops, Hotels, O n-
Premise Consumption Licensees that would also like to sell beer by the
package, and other general package establishments not specifically
prohibited or specifically provided for under this ordinance. Package beer
license holders may not hold a BYOB License.
2) Retail Package Wine License: Allows retail sale of wine in the original
package. This license type would be available to the following types of
qualified establishments: City Food Markets, Craft Beer and/or Wine
Markets, Hotels, On-Premise Consumption Licensees that would also like
to sell wine by the package, and other general package establishments not
specifically prohibited or specifically provided for under this ordinance.
Package wine license holders may not hold a BYOB License.
3) Retail Package Distilled Spirits License: Allows retail sale of distilled spirits
in the original package. This category of license shall only be available to
be issued to an Off-Premise distilled spirits retailer, distillery or micro-
distillery. On-Premise Consumption Licensees are prohibited from selling
or providing distilled spirits in the original package to patrons, except for
distilleries and micro-distilleries.
(b) On-Premise Licenses. Applicants that satisfy the applicable zoning and distance
requirements may apply for a Consumption On -Premise (COP) license that
includes one (1) or more of the following types of retail consumption categories of
On-Premise Licenses:
1) Beer/Wine/Liquor COP License: Allows retail sale of beer, wine, and liquor
for consumption on-premises. This license type would be available to the
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 42 of 95
following types of qualified establishments: Assembly Halls, Brewpubs, City
Food Markets, Courtyard Markets, Eating Establishments, Events Facilities,
Food Hall Cafes, For-Profit and Non-Profit Special Events, Free-Standing
Vendors, Golf Courses, Hotels, Limited Service Restaurants, Restaurants,
Private Clubs, Sports Clubs, and other establishments not prohibited under
this Chapter.
2) Beer and/or Wine COP License: Allows retail sale of beer and/or wine by
the drink. This license type would be available to the following types of
qualified establishments: Assembly Halls, Brewpubs, City Food Markets,
Eating Establishments, Events Facilities, Food Hall Cafes, For-Profit and
Non-Profit Special Events, Free-Standing Vendors, Golf Courses, Hotels,
Limited Service Restaurants, Restaurants, Private Clubs, Sports Clubs, and
other establishments not prohibited under this ordinance.
3) Limited Beer and/or Wine COP License: Allows limited sales and/or
consumption of alcoholic beverages on premises as governed by
corresponding specific sections of this Chapter. These licenses include
Ancillary Licenses, BYOB Licenses, Incidental Licenses, Limited Tap
Licenses, as set forth in Section 4-78, and any other limited service licenses
that may be approved by the City.
(c) Hybrid and Other Licenses/Permits. Applicants that satisfy the applicable zoning
and distance requirements may apply for the following other licenses:
1) Sunday Sales License: Separate alcoholic beverage license and payment
of appropriate fees required for the Sunday sale of alcoholic beverages for
consumption on-premises or by the package for off-premises consumption
(to the extent allowed by state law). Farm Wineries, distillers, and brewers
are not required to obtain a separate Sunday Sales License to provide
alcohol on Sundays as long as they are operating in compliance with
applicable local and state laws regarding the sale of alcoholic beverages.
2) Alcoholic Beverage Catering License: Allows an on-premise consumption
retailer qualified under state law to deliver and serve alcohol at special
events, private functions, and other establishments. This license does not
eliminate the need for a Special Events Alcohol License if otherwise
required by this Chapter.
3) Brewpub License: Hybrid license allows an Eating Establishment that
satisfies the definition and requirements of a Brewpub to manufacture beer
as well as sell beer by the drink for consumption on-premises and by the
package for consumption off-premises.
4) Courtyard Market License: Allows owner or property manager of a
commercial or retail center that meets the requirements of a Courtyard
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 43 of 95
Market to hold events or have free-standing vendors sell or serve alcohol
within a designated courtyard area on the licensed premises without being
required to obtain a separate special event alcohol license. The applicant
for a Courtyard Market license shall show by plat or survey, submitted with
the license application, the physical delineation of the area in which
alcoholic beverages will be sold, consumed, and stored and such area shall
be included as part of the premises as defined in this section. Licenses to
sell alcoholic beverages for consumption on-premises as a Courtyard
Market may only be issued to the owner or property manager of the
Courtyard Market.
5) Craft Beer and/or Wine Market: Hybrid license allows an establishment that
satisfies the definition and requirements of a Craft Beer and/or Wine Market
to sell beer and/or wine both by the drink for consumption on -premises as
well as by the package for consumption off -premises. Holders of this
license:
a) Shall offer a minimum of fifty (50) different beer and/or wine
selections.
b) May sell craft beers and wines for consumption on -premises
and/or package (including Growlers/Crowlers), provided however,
the sale and/or consumption of liquor is strictly prohibited at such
locations.
c) Shall be permitted in areas currently zoned to allow for
consumption on -premises.
d) Shall meet all distance requirements for a consumption on-
premise license as well as an off -premise beer and/or wine
package license.
6) Farm Winery License: Hybrid license allows an establishment that satisfies
the definition and requirements of a Georgia Farm Winery to sell wine
produced in Georgia at its premises by the package or for consumption on-
premises as authorized by Georgia law.
7) Specialty Gift Shop License: Off-premise retail package license allows for
the sale of beer and/or wine by the package for consumption off -premises.
This license is available at a reduced rate due to the incidental nature of
alcohol sales for this type of business.
8) Manufacturer’s License: Applies to breweries, distilleries, microbreweries
and micro-distilleries. The fees for such licenses will be set from time to
time by the City Council.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 44 of 95
9) Grand Opening/Annual Promotion Permit: Any establishment licensed to do
business in the City and meeting all other location and service requirements
to be open to the public and serve alcoholic beverages for consumption on-
premises may apply for a Grand Opening/Annual Promotion Permit. Such
permit allows the holder to provide beer and wine for consumption on -
premises of its business establishment for a single four (4) hour period in
any given year for the purpose of celebrating the business whether for a
grand opening, anniversary, or other special event. The establishment must
abide by all other provisions of this Chapter, including prohibitions against
providing alcohol to minors and intoxicated patrons. The estab lishment may
not receive money or donations for the alcohol served in accordance with
such a permit.
Employees or volunteers of the Grand Opening/Annual Promotion Permit,
working the event in any position in any position dispensing, selling, serving,
taking orders, or mixing alcoholic beverages shall not be required to obtain
an alcohol seller/server permit for the special event, provided that no person
under 18 years of age may dispense, sell, serve, or take orders for alcoholic
beverages.
1) Temporary Alcoholic Beverage License: Pursuant to Section 4-71 of this
Chapter, issued for a limited duration to an applicant whose application for
a license appears on its face to meet all of the requirements of this Chapter
and the zoning ordinance. This license may be suspended or revoked if it
is determined that the application or the applicant does not meet the City’s
requirements to hold an alcohol license.
2) Special Event Alcohol License:
a) For existing Consumption On-Premise Licensed Establishments: A
Special Event Alcohol License may be issued to any establishment
licensed to sell alcoholic beverages for consumption on -premises to
allow such establishment to sell alcoholic beverages for consumption
within the fixed boundaries of the physical area where a special event
is held; provided the term of such permit shall not exceed the time
permitted by the approved Special Event Permit issued under
Chapter 64. The Licensee must submit an application and pay the
required non-refundable fee, and, in relation to the Special Event
Alcohol License, shall be required to comply with all licensing
requirements associated with its Consumption On-Premises License
with the exception of the full-service kitchen requirement.
Notwithstanding any other term or prohibition in this Chapter, the
holder of the Special Event Alcohol License may be authorized, upon
terms and conditions identified by the City Manager, to pour alcohol
at the special event and allow open container consumption within the
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 45 of 95
fixed boundaries of the physical area where the special event is to be
held.
The event must have been permitted as an approved special event,
as described in Chapter 64, prior to the issuance of a Special Event
Alcohol License.
b) For non-profit civic organizations: A Special Event Alcohol License
may be issued to any non-profit organization for a period not to
exceed the time permitted by the approved Special Event Permit
issued under Chapter 64. The Applicant must submit an application
and pay the required non-refundable processing fee and shall be
required to comply with all licensing requirements for a consumption
on-premises establishment with the exception of the full-service
kitchen requirement. Notwithstanding any other term or prohibition in
this Chapter, the holder of a Special Event Alcohol License may be
authorized, upon terms and conditions identified by the City Manager,
to pour alcohol at the special event, sell sealed packaged beer and/or
wine for off-premise consumption, and allow open container
consumption within the fixed boundaries of the physical area where
the special event is to be held. In the event that open container
consumption is so authorized within the fixed boundaries of the
physical area where the special event is to be held, any other ho lder
of a Consumption On-Premises License whose licensed premises is
located entirely within the fixed boundary of the special event site shall
likewise be authorized to allow open container alcohol consumption
within the special event boundary. This open container consumption
accommodation shall only be authorized, if at all, during the term of
the special event.
Any employee or volunteer of a non-profit Special Event Alcohol
License, working the special event in any position dispensing, selling,
serving, taking orders or mixing alcoholic beverages shall not be
required to obtain an alcohol seller/server permit for the special event,
provided that no person under 18 years of age may dispense, serve,
or take orders for alcoholic beverages.
The special event must meet the following criteria prior to the
issuance of a Special Event Alcohol License:
(1) The event must have been permitted as an approved special
event, as described in Chapter 64, prior to the issuance of a
special event alcohol license.
(2) The special event must be associated with and benefit the
cause of a non-profit charitable or civic organization.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 46 of 95
c) Not to be issued for BYOB. BYOB is not allowed at any special
event as defined in this Chapter.
d) Chief of Police’s authority to revoke. The Chief of Police or his or
her designee may immediately revoke any Special Event Alcohol
License if it is determined continued alcohol sales may endanger
the health, welfare, or safety of the public.
e) Indemnification required. As a condition on the issuance of a
Special Event Alcohol License, the licensee shall indemnify and
hold the City harmless from any and all claims, demands, or
causes of action that may arise from activities associated with the
special event.
(modeled after 4-168)
4-71. - Temporary Alcoholic Beverage Licenses.
(a) Authority. The City Manager is authorized to issue temporary licenses for the sale
of alcoholic beverages, either beer, wine and/or liquor, subject to the conditions
set forth in this Section.
(b) Not to exceed 90 days; requirements. Temporary licenses may be issued for such
period as may be determined by the City Manager, not to exceed 90 days. No such
license shall be issued unless:
1) An application for a license is filed with the City Manager and payment in
full of the fee thereof has been deposited with, and cleared, the City’s
financial institution.
2) The City Manager is satisfied that the location for the proposed license
substantially complies with the provisions of this Chapter authorizing such
license in the City.
3) The denial of a temporary license would create undue hardship upon the
applicant, such as the closing of an existing business or delaying of the
opening of a new business.
4) There is an agreement by the applicant that the temporary license may b e
revoked, with or without cause, by the City Manager at any time.
(c) Fee. The fee for issuance of a temporary license under this Section shall be
established from time to time by the City Council.
(d) Extension of temporary license. If, at least three (3) business days prior to the
expiration of a temporary license, the applicant requests and explains why an
extension is needed, and the City Manager finds the factual circumstances
surrounding the request to support the granting of an extension; the City Manager
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 47 of 95
is authorized to extend the period of the temporary license up to an additional sixty
(60) days and charge an additional temporary license fee. Should an applicant
have reason to seek an extension beyond the first extension of an additional sixty
(60) days and the City Manager finds the factual circumstances surrounding the
additional extension request to support the granting, then the City Manager shall
present the request to City Council for consideration and approval or denial at the
next regular session of City Council.
(e) No bearing on decision for license. The grant or denial of a temporary license under
the provisions of this Section shall not affect or have any bearing upon the grant
or denial of a license. The City shall not be liable to the applicant if, for any reason,
a license is not issued either prior to the expiration of the temporary license or not
issued at all.
(modeled after 4-167)
Sec. 4-72 – 4-74 Reserved.
DIVISION 2. - ADDITIONAL PROVISIONS FOR SPECIFIC LICENSE TYPES
Sec. 4-75. - On-premise consumption retailers also licensed as off-premise
beer/wine retailers.
On-premise consumption retailers may, subject to the provisions of this Chapter,
obtain a beer and/or wine package license for sales of beer or wine that has been
unopened in the original package. The following shall apply to on -premise consumption
retailers that are also licensed as off-premise beer and/or wine retailers:
(a) Except as provided for by state law, no on -premise consumption retailer shall sell
beer and/or wine by the package for consumption off-premises unless such
licensee also obtains a separate license for beer and/or wine package sales;
(b) Beer and/or wine for consumption off-premises sold in connection with this Section
are subject to the following provisions:
1) Beer and/or wine shall be properly labeled in accordance with this Chapter
and state law;
2) Beer and/or wine purchases may only be made in conjunction with a food
purchase;
3) No more than one (1) bottle of wine and/or one (1) package of beer may
be sold to a legally aged patron;
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 48 of 95
4) The price of beer and/or wine for consumption off-premises must be the
same as the price for beer and/or wine consumed on premises.
(c) Wine that has been opened for consumption on the premises may be removed
from the premises by the patron only when the licensee has complied with the
“Merlot to Go” provisions of Section 4-134 of this Chapter and state law governing
the same. This subsection does not apply to beer that has been opened for
consumption on the premises;
(d) Sales of beer and/or wine by the package may only be processed b y employees
or agents authorized by the licensee and meeting the qualifications of this Chapter
to sell alcoholic beverages;
(e) Nothing in this Section shall authorize, permit, or otherwise allow an on -premise
consumption retailer to obtain a license as an off-premise liquor retailer.
(f) Notwithstanding any of the provisions of this Section, on -premise consumption
retailers shall not sell beer or wine by the package for carryout purposes:
1) On any day or at any time when the sale of package beer or wine for carryout
purposes is otherwise prohibited by law; or
2) At any location which is within distances to grounds or buildings where the
sale of alcoholic beverages for carryout purposes is otherwise prohibited by
law.
Except as otherwise provided by this Code, this Section shall not apply t o licensees
for assembly halls/special event facilities, for-profit special events, brewpubs, private
clubs, or any establishment not otherwise licensed for consumption on -premises except
restaurants and eating establishments, including limited service restaurants, regularly
serving prepared food, with a full-service kitchen, prepared to serve food every hour they
are open.
Sec. 4-76. – Growlers or Crowlers.
(a) The sale of Growlers or Crowlers requires a separate Growler/Crowler License.
Brewpubs, Craft Beer and/or Wine Markets, Eating Establishments and
Restaurants may also be licensed to sell Growlers or Crowlers if they meet all other
requirements to hold an off-premise beer and/or wine package license.
Establishments that sell liquor by the package are prohibited from also selling
Growlers or Crowlers.
(b) The filling of Growlers or Crowlers by means of a tapped keg shall not constitute
the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or this Section.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 49 of 95
(c) Growlers or Crowlers may only be filled from kegs procured by the licensee from
a duly licensed wholesaler.
(d) Only professionally sanitized and sealed Growlers or Crowlers may be filled and
made available for retail sale.
(e) Each Growler or Crowler must be securely sealed and removed from the premises
in its original sealed condition.
(f) As with any other off-premise package license, unless the licensee holds a
separate on-premise consumption license, consumption on -premises is strictly
prohibited.
Sec. 4-77. – Off-premise distilled spirits retailers
(a) No liquor by the package shall be sold at retail except in:
1) Retail establishments devoted exclusively to the retail sale of alcoholic
beverages by the package;
2) Retail establishments in which space has been set aside devoted
exclusively to the retail sale of liquor by the package, with ingress and
egress provided directly to and only to the exterior of the building in which
the facility is located and not to any other enclosed part of the building in
which the facility is located.
(b) Nothing in this Section shall prohibit the retail sale within these establishments of
beer, wine, alcohol consumables, liquid commodities and/or mixes normally used
in the preparation and serving of liquor.
(c) Off-premise distilled spirits retailers shall indicate plainly, by tag or labels on the
bottles or containers or on the shelf immediately below wh ere the bottles or
containers are placed, the prices of all liquor exposed or offered for sale. The
retailer shall not display prices or brand names in such a way as to be visible from
the outside of the establishment.
Sec. 4-78. - Limited service on-premise licenses.
Certain establishments may be qualified to obtain licenses that allow for limited service
of certain alcoholic beverages as follows:
(a) Ancillary Beer and/or Wine Tasting License. The holder of an off-premise beer
only, wine only, or beer and wine retail license, may be eligible for an ancillary beer
and/or wine tasting license to provide samples of the beer and/or wine it offers for
sale by the package to patrons upon meeting all of the requirements specified in
this Chapter and paying the required fees. Holders of off-premise liquor licenses
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 50 of 95
are not eligible for an ancillary beer and/or wine tasting license. An Ancillary
License may be utilized at an approved establishment only under the following
conditions:
1) Sampling shall be on limited occasions when a patron requests a sample of
a beer and/or wine offered for sale within the premises or in conjunction with
education classes and sampling designed to promote beer and/or
appreciation and education.
2) Beer and/or wine tasting for patrons shall only be conducted at a counter
area constituting no more than ten percent (10%) of the entire floor area of
the premises.
3) Beer and/or wine sampling for patrons shall not exceed two (2) ounces per
sample, and no patron shall consume more than eight (8) ounces in any
two-hour (2) period.
4) Beer and/or wine bottles shall be opened only by the licensee or an
employee, and samples shall only be poured by the licensee and/or an
employee.
5) No open containers of beer and/or wine shall be removed from the licensed
premises.
6) The holder of an Ancillary Beer and/or Wine Tasting License may conduct
educational classes and sampling for classes. All conditions of sampling set
forth in this Section shall apply to such classes, except for the limitation on
floor areas where the classes can be conducted.
7) Beer and/or wine sampling and tasting is permitted within the enclosed
portion of the premises. Beer and/or wine sampling and tasting may be
allowed in open areas, sidewalks, decks, patios, or similar unenclosed
spaces on or about the premises of an establishment if written application
is made to and approved by the City Manager, or his or her designee, under
such conditions as the City Manager, or his or her designee, may deem
appropriate for the protection of public health, safety and welfare including,
but not limited to, maximum capacity, ingress and egress. The provisions of
this Article shall not be deemed to abrogate or otherwise impact any state
law or local ordinance pertaining to public drunkenness, disorderly conduct,
or similar laws.
8) The hours during which tastings may be conducted are limited to: Monday
through Saturday, from 9:00 a.m. until 10:00 p.m.
(b) “Bring Your Own Beverage” (BYOB) License. A "Bring Your Own Beverage”
License is available to allow an otherwise qualified establishment upon a
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 51 of 95
successful application and payment of appropriate fees to permit a patron to bring
into the establishment unopened beer and/or wine for consumption on -premises.
A BYOB license may be issued to eating establishments that hold on -premise
consumption licenses as well as to approved establishments that do not sell or
serve alcoholic beverages. Notwithstanding any other contrary provision of this
Chapter, a BYOB License may be issued and maintained at an approved
establishment only under the following conditions.
1) The hours during which BYOB is allowed are limited to Monday through
Saturday, from 9:00 a.m. until 1 hour before close. Sunday from 12:30 p.m.
until 1 hour before close if the establishment qualifies as an eating
establishment. If the establishment does not qualify as an eating
establishment, alcoholic beverages may not be brought onto the premises
of the establishment by patrons on Sundays.
2) Off-premise retailers who do not also hold an on-premise consumption
license are not permitted to allow patrons to bring alcoholic beverages onto
the premises for consumption and are not eligible to obtain a BYOB license.
3) Establishments that also hold an on-premise consumption license shall pay
the same BYOB License fee as other BYOB establishments but will not
receive a separate BYOB license. Instead, the BYOB approval will be noted
on their on-premise license.
4) Establishments that do not otherwise serve or sell alcohol and meet all
requirements for a BYOB license under this Chapter will receive a separate
BYOB license. BYOB licenses may only be issued to establishments in a
zoning district that allows such use.
5) For purposes of this Section, the term BYOB establishment shall not include
a private hotel room or other similar guest room or a private club.
6) Further requirements and prohibitions for an establishment holding a BYOB
license include the following:
i. The establishment may not sell liquor by the package.
ii. The licensee must have an established policy pertaining to BYOB
practices and may in its discretion charge a corkage fee and have
available, either for a fee or not, barware such as glasses, ice
buckets and bottle openers for the patrons' use.
iii. With the exception of situations where a patron has rented an entire
section of the premises for a private function, BYOB beverages are
limited to beer and wine.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 52 of 95
iv. No alcohol may be brought onto the premises of a BYOB licensed
establishment or consumed by a patron under 21 years of age.
v. No alcohol may be brought onto the premises by a patron less than
one (1) hour prior to closing.
vi. All alcohol brought onto the premises by a patron must be removed
from the premises or disposed of by the patron.
vii. Any beer or wine opened and not completely consumed at a
business establishment pursuant to a BYOB license shall be properly
disposed of and not kept on the premises.
viii. Employees of the establishment/licensee are prohibited from
handling any patron’s alcohol unless removing it to dispose of it. If a
patron leaves the alcohol on the premises, it must be disposed of
and not allowed to remain on the premises.
ix. No person under the age of 18 shall work in an establishment with a
BYOB license.
(c) Craft Beer and/or Wine Market License. A Craft Beer and/or Wine Market License
is available to a qualified establishment upon a successful application and payment
of appropriate fees to allow sales by the package and for consumption on-premises
of craft beer and/or wine. Such license is available to an otherwise qualified
establishment under the following conditions:
1) The establishment must meet the quantity restrictions and/or requirem ents
as set forth in this Chapter and specified by state law.
2) The primary purpose of the establishment must be the package sale of craft
beers and/or wine for consumption off-premises.
3) The sale or provision of liquor is strictly prohibited.
4) Sales of craft beers and wines may be for consumption on-premises and/or
package (including Growlers or Crowlers), provided however, the sale
and/or consumption of liquor is strictly prohibited at such locations.
Although a Craft Beer and/or Wine Market is required to apply for a
Growler/Crowler License in order to sell Growlers or Crowlers, the license
fees for any such Growler/Crowler License will be waived for such
establishments.
5) Craft Beer and/or Wine Markets shall be permitted in areas currently zoned
to allow for both on-premise and off-premise consumption and shall meet
all distance requirements for both types of licenses.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 53 of 95
6) Craft beers and wine consumed on the premises of a Craft Beer and/or
Wine Market shall only be opened by the licensee or an employee of the
Craft Beer and/or Wine Market. Craft beers and wine to be consumed on -
premise shall not include Growlers or Crowlers or packaged beer.
7) No open containers of beer or wine shall be removed from the licensed
premises unless otherwise specifically permitted by this Chapter.
8) The sale of food is expressly permitted in a Craft Beer and/or Wine Market
provided all applicable laws and regulations are complied with.
9) Craft Beer and/or Wine Markets shall not open before 11:00 a.m. Monday
through Saturday and shall close by 10:00 p.m. Monday through Saturday.
Sunday sales, if licensed, shall be permitted for package sales (but not
consumption sales) of craft beer and wine between the hours of 12:30 p.m.
and 10:00 p.m. Craft Beer and/or Wine Markets may allow consumption on -
premises between the hours of 11:00 a.m. and 10:00 p.m. Monday through
Saturday.
(d) Incidental License. An Incidental License is available to a qualified establishment
upon a successful application and payment of appropriate fees to allow beer and/or
wine consumption at an otherwise qualified establishment that does not sell food
prepared on the premises and for which the service of food and beverage for
consumption on-premises is not its primary business. A license may be issued
and maintained at such an establishment only under the following conditions:
1) The establishment cannot charge for alcohol.
2) The service of alcohol is limited to beer and wine.
3) The licensee shall not allow consumption by any individual to exceed 16
ounces of wine or 24 ounces of beer within a calendar day.
4) Alcohol expenses shall not exceed two percent (2%) of gross receipts.
5) The hours during which beer and/or wine may be sold or consumed on the
premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00
p.m.
6) The establishment must meet the other qualifications and comply with the
other provisions in this Chapter that govern on -premise consumption
dealers.
7) An establishment with an Incidental License is not eligible to also hold a
package or BYOB license.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 54 of 95
(e) Limited Service Restaurant License. A Limited Service Restaurant License is
available to a qualified establishment upon a successful application and payment
of appropriate fees to allow beer, wine, and/or liquor consumption at any
establishment that meets all of the requirements of a restaurant but does not meet
the requirements of an eating establishments. A Limited Service Restaurant must
derive at least 30 percent (30%) of its total annual gross food and beverage sales
from the sale of prepared meals or food. Limited Service Restaurant do not qualify
to sell alcoholic beverages on Sundays and may not obtain a Sunday Sales
License except as permitted under state law.
(f) Limited Tap License. A Limited Tap License is available to a qualified
establishment upon a successful application and payment of appropriate fees to
allow craft beer consumption at an otherwise qualified establishment that does not
sell food prepared on the premises and for which the service of food and beverage
is not its primary business. A license may be issued and ma intained by such an
establishment only under the following conditions:
1) The service of alcohol is limited to five (5) or fewer beer taps.
2) The establishment must gain approval from the Fire Marshall and Building
Official in accordance with applicable codes.
3) The licensee shall not allow consumption by any individual to exceed 48
ounces within a calendar day.
4) The hours during which beer may be sold or consumed on the premises are
limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m.
5) The establishment must meet the other qualifications and comply with the
other provisions on this Chapter that govern on -premise consumption
dealers.
6) A Limited Tap Establishment is not eligible to also hold a package or BYOB
License.
For each license or permit type described herein, there will be an application process and
annual fee to obtain such license or permit as set forth from time to time by the City
Council.
(was 4-193)
Sec. 4-79. - Brewpubs.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 55 of 95
A limited exception to the provisions of this Chapter which implement and enforce the
three-tier system for the manufacture, distribution and sale of beer established under
state law shall exist for owners and operators of brewpubs, subject to the followin g terms
and conditions:
(a) No individual or person shall be permitted to own or operate a brewpub without
first obtaining a proper Brewpub License from the City Council and payment of
appropriate fees pursuant to the procedures set forth in this Chapter, and each
Brewpub Licensee shall comply with all other applicable state and local license
requirements.
(b) In calculating the total annual gross food and beverage sales for any such
establishment for the purpose of determining whether the establishment
constitutes an eating establishment as defined herein and by state law, neither
barrels of beer sold to licensed wholesale dealers for distribution to retailers, as
authorized pursuant to O.C.G.A. § 3-5-36(2)(D), or retail sales by the package or
Growler or Crowler, shall be included.
(c) A brewpub licensed under this Chapter may secure an additional and separate
license for the retail sale of beer for off-premises consumption, so long as beers
sold by the package by the brewpub are manufactured on site, subject to t he
limitations of state law.
(d) A brewpub license authorizes the holder of such license to:
(1) Manufacture on the licensed premises not more than 10,000 barrels of beer
in a calendar year;
(2) Sell directly to the public on its licensed premises up to 3,000 barrels of
beer manufactured on such licensed premises per year provided that any
such sales by the package directly to consumers shall not exceed a
maximum of 288 ounces per consumer per day.
(3) Operate a restaurant that shall be the sole retail outlet for such beer
provided directly for on-premise consumption (not through a wholesaler).
Such outlet may offer for sale any other alcoholic beverages produced by
other manufacturers which are separately authorized for consumption on -
premises by this Article, including beer, wine and liquor, provided that such
alcoholic beverages are purchased from a lice nsed wholesaler for
consumption on-premises only; and, provided, further, that in addition to
draft beer manufactured on the premises, each brewpub licensee shall
offer for sale commercially available canned or bottled beer from licensed
wholesalers for consumption on-premises only.
(4) Such retail sales are permitted on the days and at the times that the retail
sale of beer for consumption on-premises or by the package, as applicable,
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 56 of 95
is authorized for other retailer licensees under this Chapter. Under no
circumstances shall such beer be sold by a licensed brewer to a licensed
retailer or on-premise consumption retailer for the purpose of resale.
(5) Notwithstanding any other provision of this Section, the holder of a
brewpub license is authorized to sell up to a maximum of 5,000 barrels
annually of beer manufactured on the premises to licensed wholesale
dealers for distribution to retailers and on-premise consumption retailers.
(e) Notwithstanding the foregoing provision, possession of a Brewpub License shall
not prevent the holder of such license from obtaining another license authorized
under this Chapter for the same premises.
(f) A Brewpub Licensee shall not offer or permit any free sampling of beer by its
patrons on the premises.
(g) A Brewpub Licensee shall pay all state and local license fees and excise taxes
applicable.
(h) For the purposes of this Section, the term "barrel" means 31 gallons of beer.
(i) Except as set forth in this Section, a Brewpub License holder shall be subject to
all provisions of this Chapter.
(was 4-254)
Sec. 4-80. – Private clubs.
(a) Private clubs may sell and dispense alcoholic beverages upon compliance with all
applicable City ordinances and regulations governing the sale of such beverages
and upon payment of such license fees and taxes as may be required by the
existing ordinances, rules and regulations of the City.
(b) No alcoholic beverage license shall be granted to a Private Club organized or
operated primarily for the selling or serving of alcoholic beverages.
(c) Veterans' organizations, fraternal organizations, and other nonprofit organizations
currently having tax exempt status under either the United States Internal Revenue
Code or the state income tax law shall not be required to operate a food
establishment serving prepared food. However, any such organization selling or
dispensing alcoholic beverages, or allowing BYOB, shall be subject to all
ordinance regulations dealing with general licensing and consumption on-
premises establishments.
Unless specifically excepted, private clubs shall be governed by the same rules set forth
in this Chapter as other on-premise licensees.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 57 of 95
(was 4-277)
Sec. 4-81. – Hotels and In-Room Service.
(a) A hotel is eligible to obtain a consumption on-premises license only if the following
requirements are met. The hotel must:
1) Be used and held out to the public as a place where food is served and
consumed and sleeping accommodations are offered to guests or patrons
for adequate pay;
2) Contain 50 or more rooms used for the sleeping accommodations of guests
or patrons; and
3) Contain one (1) or more public dining rooms, with adequate and sanitary
full-service kitchen facilities.
4) A hotel may consist of a single building or may consist of two (2) or more
buildings located on the same premises and used in connection with the
hotel operation.
5) A facility which is styled as a motel, motor lodge, inn, or other similar
appellation may be licensed as a hotel if it meets the requirements of this
Chapter.
(b) Notwithstanding any other provisions of this Chapter to the contrary, any hotel (as
the term "hotel" is commonly used and without regard to the requirements of this
Section), inn, or other establishment which offers overnight accommodations to
the public for hire, may provide "in-room service" of alcoholic beverages if such
establishment:
1) Holds a valid City consumption on-premises license; and
2) Has been authorized to provide in-room service by the state.
(c) For the purposes of this Section, the term "in-room service" consists of:
1) The delivery of alcoholic beverages in unbroken packages by an employee
of the hotel to a registered guest's room or to a registered guest at any other
location in the same building as the hotel when such alcoholic beverages
have been ordered by the guest and when the guest shall be billed for the
cost of such alcoholic beverages at the time of delivery and when the sale
of such alcoholic beverages is completed at the time of delivery; and
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 58 of 95
2) The provision of a cabinet or other facility located in a hotel's guest room
which contains alcoholic beverages and which is provided upon request of
the guest and which is accessible by lock and key only to the guest and for
which the sale of alcoholic beverages contained therein is final at the time
requested except for a credit which may be given to the guest for any
unused portion.
(d) Except as otherwise provided in this Section, in -room service of alcoholic
beverages shall be subject to all restrictions and limitations in this Chapter relative
to the sale of alcoholic beverages. In -room service sales shall be authorized only
on such days and only during such hours as provided for in this Chapter for on -
premise consumption. It shall be the responsibility of the licensee and its
employees to ensure that any cabinet key for alcoholic beverages and any
alcoholic beverages delivered to a room are provided only to someone who is
above the legal drinking age of 21 years.
(e) Liquor sold pursuant to this Section shall not be sold in packages containing less
than 50 milliliters each.
(f) All alcoholic beverages sold pursuant to this Section shall be purchased from a
licensed wholesale dealer and shall be subject to all taxes imposed under this
Chapter, including the excise tax on the retail sale of by the drink of alcoholic
beverages containing liquor.
(was 4- 297)
Sec. 4-82 – Alcoholic beverage caterers.
(a) License and permit requirements for resident alcoholic beverage caterers.
1) Any food caterer or on-premise alcohol beverage licensee within the City
may apply for an Alcoholic Beverage Catering License that, when utilized in
compliance with state law and upon receipt of a Catered Event Permit,
permits the transport, delivery and sale of alcoholic beverages for service
and consumption at private functions on private property, at duly licensed
special events and at assembly halls or special events facilities. Any on -
premise consumption retailer applying for an Alcoholic Beverage Catering
License shall be limited to a catering license for the same class of alcoholic
beverages as the retailer’s current on-premise license.
2) Each catering license, authorized herein, shall be valid through December
31 for the year for which they are issued. The fee for each license shall be
set by resolution of the Mayor and City Council, and this fee shall remain in
effect until modified or amended by subsequent resolution.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 59 of 95
(b) It shall be prohibited for any person to engage in, carry on or conduct the sale or
distribution of alcoholic beverages off-premises and in connection with the catered
event or function without first having obtained a license and event permit as
provided herein and as regulated by state law and the Georgia Department of
Revenue.
(c) Catered Event Permit Approval. In order to distribute or sell beer, wine or liquor to
or at a catered function within the City, a licensed alcoholic beverage caterer shall
file an application for a Catered Event Permit with the City Manager. The
application shall include the name of the caterer, the name, date, address and time
of the event, the caterer's state and local license numbers and expiration dates,
the quantity and type of alcoholic beverages to be transported and any other
information the City deems necessary to review a request for such Approval. There
will be an annual fee set by City Council for applications filed by resident caterers.
For non-resident caterers, the fee for each permit shall be established from time
to time by the Mayor and City Council as authorized by O.C.G.A. § 3-11-3 (or such
fee as may be authorized by any future amendment or revision thereto).
(d) A copy of the local and state Alcoholic Beverage Catering Licenses as well as the
original Catered Event Permit shall be kept in the vehicle transporting the alcoholic
beverages to the catered event or function.
(e) It shall be prohibited for a licensed alcoholic beverage caterer to distribute, sell, or
otherwise dispense alcoholic beverages off-premises except as authorized by the
Alcoholic Beverage Catering License and Catered Event Permit. A licensed
alcoholic beverage caterer may sell or otherwise dispense only that which is
authorized by its alcoholic beverage license. For example, if the alcoholic beverage
caterer possesses a valid license to sell beer, it may sell or otherwise dispense
only beer at the authorized catered event or function.
(f) Bartenders and/or servers for licensed alcoholic beverage caterers must meet all
state and local laws, age restrictions, and must obtain a server/seller alcohol permit
required for alcohol.
(g) Sunday sales. An alcoholic beverage caterer wishing to cater an event or function
on Sunday must possess a valid Sunday sales license and comply with the
requirements of state law with respect to the service of alcoholic beverage s on
Sunday.
(h) Excise taxes are imposed upon the sale of alcoholic beverages by resident
caterers as provided in this Chapter. Excise taxes are imposed upon the total of
individual alcoholic beverages served by a non -resident caterer in the amount set
forth in this Chapter and shall be paid within 30 days after the conclusion of the
catered event or function.
(was 4-317)
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 60 of 95
Sec. 4-83. – Special events facility license.
(a) Where staff for a special events facility, or contractors hired by that facility who are
not separately licensed caterers, will be dispensing or serving alcohol, the special
events facility must obtain a separate license for on -premise consumption.
(b) Where a caterer is hired and separately licensed, and where that caterer will be
the only entity dispensing or serving alcohol, the special events facility need not
obtain a separate license for on-premise consumption.
(c) In order to be eligible for a consumption on-premises license, a special events
facility must:
1) Be available to public or private groups of persons;
2) For monetary consideration on a rental, fee, percentage, or similar basis,
be used primarily for special occasions, including but not limited to,
receptions, meetings, banquets, conventions, parties, catered events, or
similar gatherings; and
3) Be open to or attended by invited or selected guests or paying patrons; or
4) Be a sports complex situated in conformance with the City's zoning
ordinances.
(was 4-337)
Sec. 4-84. – Public facilities event alcohol license.
(a) Notwithstanding any other provision of this Chapter to the contrary, a limited
exception to allow the consumption of alcoholic beverages on public property shall
exist for that person or entity possessing a Public Facilities Event Alcohol License,
as hereinafter defined.
(b) For all purposes of this Section, "public facilities" shall mean all facilities owned or
leased by the City, except:
1) Any fire station; and
2) Any public safety facility.
(c) Any person or entity desiring to engage in activities licensed by this Section, shall
make written application to the City Manager or his or her designee for the
appropriate Public Facilities Event Alcohol License on forms prescribed by the City.
All applications shall be accompanied by a Public Facilities Event Alcohol License
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 61 of 95
fee as established by the City Council. Further, all applicants shall be required to
provide a release and meet any other requirements established by the City
Manager as conditions of obtaining the Public Facilities Event Alcohol License.
(d) The City Manager or his or her designee shall consider the following factors in
determining whether to approve or deny an application for a Public Facilities Event
Alcohol License:
1) expected time period in which the event will occur;
2) whether the event will occur during daylight hours;
3) the number of people expected to attend the event;
4) other activities scheduled to occur in the structure, facility or property at the
time of the event; and
5) any other factor weighing upon the health, safety or welfare of others.
(e) If the application is denied, which denial shall be based upon the factors described
above, or if the applicant withdraws the application prior to its approval, the license
fee (without interest) shall be refunded. The application shall include but shall not
be limited to: The name and address of the applicant, the date, address and times
of the proposed event and the location of the public facility. All applications shall
be sworn to by the applicant before a notary public or other officer authorized to
administer oaths.
(f) If such Public Facilities Event Alcohol License is granted by the City Manager or
his or her designee, it shall be good only for the specified event at th e specified
address and times set forth in the application, not to exceed two (2) days for a
public park and one (1) day for any other public facility.
(g) A Public Facilities Event Alcohol License for a public park shall permit the permit
holder to serve and sell alcoholic beverages in a hospitality tent or similar structure
previously approved by the Fire Marshall, and the alcoholic beverages may only
be consumed on-premises of such hospitality tent or similar structure.
(h) A Public Facilities Event Alcohol License shall license the holder to serve and sell
alcoholic beverages within the premises of the public facility.
(i) A Public Facilities Event Alcohol License shall only be issued to a caterer licensed
under the provisions of this Chapter, or to an individu al who meets the character
requirements of this Chapter; provided, however, that no more than two (2) permits
per calendar year shall be issued to an individual who is not a licensed caterer.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 62 of 95
(j) The City Manager shall have authority to prescribe forms for applications. Failure
to furnish any requested data shall automatically serve to dismiss the application
with prejudice.
(k) Any untrue or misleading information contained in, or material statement omitted
from, an original or renewal application for a Public Facilities Event Alcohol License
shall be cause for the denial or revocation thereof.
(l) Except as set forth above in this Section, a Public Facilities Event Alcohol License
holder must comply with all of the provisions set forth in this Chapter.
(was 4-359)
Sec. 4-85. – Farm wineries.
Any duly licensed Farm Winery may offer wine samples and make retail sales of
its wine and other Georgia wines as permitted under State law in a tasting room on the
premises of the Farm Winery without additional license requirements. Nothing in this
Section shall be deemed to prohibit a Farm Winery from obtaining appropriate licenses
or permits to allow special events on its premises and provide alcohol in conjunction with
such licenses as permitted by state law and City Ordinances.
(a) Permitted sales. A Farm Winery may sell its wine and other Georgia wine as
permitted under State law at retail in a tasting room or other facility on the
premises of the winery for consumption on-premises and in closed packages
for consumption off-premises.
(b) Licensee qualifications. The qualifications for the license for sale by Farm
Winery tasting room shall be the same as set forth in this Section.
(c) Licenses issued. The alcoholic beverage licenses which may be issued to
Farm Wineries under this Chapters are:
1) Wholesaler of Farm Winery production. A Farm Winery shall be granted
a wholesale license for sale and distribution as provided by O.C.G.A. §
3-6-21.1. Such license shall be issued upon application and payment of
established fees and upon presentation of a receipt for payment of the
state annual license tax as provided by the referenced code provisions
in this Section.
2) Retail package sales of wine. Each retail package sales license shall
require that all sales shall be by and through the Farm Winery tasting
room at the site which said license is issued.
3) Farm Winery tasting room for consumption on-premises sales of wine.
Each license for the sale of wine for consumption on -premises shall
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 63 of 95
require that all consumption shall be at the Farm Winery site for which
said license is issued. This site shall include any wedding or dining
facilities associated with the Farm Winery. Except as specifically set
forth in this Article, all such licenses remain subject to all other provisions
of this Chapter that govern on-premise consumption.
4) Multiple Farms Winery licenses. A Farm Winery may apply for and, if
approved, may be issued multiple Farm Winery licenses as provided in
this Section for any single site. At the primary Farm Winery facility where
the wine is produced, such site may be licensed for wholesale, retail
package sales and consumption on-premises sales. For any site other
than the primary Farm Winery facility where the wine is produced, up to
the maximum number of such sites as may be permitted by state statute,
such site may be licensed for retail package wine sales and consumption
on-premise.
5) Special Event Alcohol License or Events Facility License . Nothing in
this Section shall be deemed to prohibit a Farm Winery from obtaining
appropriate licenses or permits to allow specia l events on its premises
and provide alcohol in conjunction with such licenses as permitted by
state law and City Ordinances.
(d) Ratio of sales. There shall be no specified or required ratio of alcohol sales to
any other income for Farm Winery operations.
(e) Hours and days of sale. Farm Wineries shall be permitted to operate only
during the following hours and days of the week, as indicated:
1) Monday through Saturday, from 9:00 a.m. until 10:00 p.m.
2) Sunday from 12:30 p.m. until 10:00 p.m.
3) The licensed business shall open its business each day it is open by not
later than 5:00 p.m.
(f) Applicable provisions. The provisions of this Chapter regarding qualifications
of the licensee and other matters shall apply to the issuance of the license for
sale by a Farm Winery tasting room and the operation thereof.
(m)Licensing limitations. The license created in accord with this Article shall be
limited to Farm Winery tasting rooms licensed by the State of Georgia in accord
with O.C.G.A. § 3-6-21.1 et seq., and the licensee shall be permitted to perform
only acts allowed in accord with such statutes. No license is hereby created
authorizing any other use.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 64 of 95
(n) Renewals. All applications for renewal of a Farm Winery license or licenses
shall be accompanied by a copy of the current state license. Failure to present
a valid copy of a current and valid state license may result in a refusal to renew
the license.
(was 4-379, 4-380)
Secs. 4-86 – 4-89 Reserved.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 65 of 95
ARTICLE IV – OPEN CONTAINER AREAS IN SPECIAL DISTRICTS
Sec. 4-90. - General provisions.
The provisions of this Article are intended to set forth exceptions and provisions
applicable only to licensees whose establishments are located within the areas identified
in the Crabapple District, Deerfield District, and Birmingham Crossroads District (as
hereinafter defined) holding licenses to sell alcoholic beverages for consumption on -
premises. Except as specifically set forth in this Article, all such licenses remain subject
to all other provisions of this Chapter.
(was 4-532)
Sec. 4-91. - Definition of special districts.
For the purposes of this Article only, the City’s Special Districts are designated as
follows: the Crabapple District, Deerfield District, and Birmingham Crossroads Districts
(as shown in the attached maps) and are defined as follows: The area of the City identified
as C1, MIX, T4, T4 Open, T4 Restricted, T5, T6, and adjacent CS transect zones in the
applicable Form Based Code, excluding, in the Crabapple District, those parcels fronting
Green Road and Arnold Mill Road.
In the case of a licensed establishment whose main entrance is inside a Special
District, the entire licensed establishment shall be considered part of the Special District,
regardless of whether any portion of the licensed establishment is in a zoning district not
included in the Special District.
(was 4-533)
Sec. 4-92. – Open Container Areas allowing outside consumption of alcoholic
beverages.
Notwithstanding any other provisions in this Chapter, the following activities are
specifically allowed within Open Container Areas in the City’s “Special Districts.”
(a) One (1) drink on-street limit. Any establishment licensed to sell alcoholic
beverages by the drink for consumption on-premises whose entrance is located in
a Special District is authorized to dispense an alcoholic beverage in a paper or
plastic cup, or other container other than a can, bottle, or glass, for removal from
the premises; provided, however, that no establishment shall dispense to any
person more than one (1) such alcoholic beverage at a time for removal from the
premises, and no person shall remove at one (1) time more than one (1) such
alcoholic beverage from the licensed premises.
(b) Size limited to a maximum of 16 ounces. No container in which an alcoholic
beverage is dispensed and removed from the licensed premises shall exceed 16
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 66 of 95
fluid ounces in size. No person shall hold in possession on the streets and
sidewalks, in parks and squares, or in other public places within the defined area
any open alcoholic beverage container which exceeds 16 fluid ounces in size.
(c) Drinking from can, bottle, or glass prohibited. It shall be prohibited for any person
to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass, or
to possess in an open can, bottle, or glass any alcoholic beverage on the streets,
sidewalks, rights-of-way, and parking lots, whether public or private.
(d) Purchase from licensed premises within defined districts. Alcoholic beverages
consumed pursuant to this provision must be purchased from a licensed premise
within the defined districts. A licensed premise will be deemed to be within the
defined district if the entrance to the licensed premises is located within the district.
(was 4-534)
Sec. 4-93. - Alcohol/food sales ratio for special districts.
A licensed establishment for the consumption of alcoholic beverages on the premises
that is located within the defined districts shall derive a minimum of thirty percent (30%)
of its total annual gross food and beverage sales from the sale of prepared meals or food.
(was 4-535)
Sec. 4-94. - No abrogation of other laws.
The provisions of this Article shall not be deemed to abrogate or otherwise impact
any state law or local ordinance pertaining to public drunkenness, disorderly conduct,
driving with an open container or under the influence of alcohol, or similar laws.
(was 4-536)
Secs. 4-95 – 4-99 Reserved.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 67 of 95
ARTICLE V. ENFORCEMENT, REGULATIONS AND PROHIBITIONS,
SELLER/SERVER PERMITS
DIVISION 1. ENFORCEMENT.
Sec. 4-100. – Enforcement by Police Department.
Except as otherwise provided, the Police Department shall be responsible for the
enforcement of the provisions of this Chapter and applicable state law.
Sec. 4-101. - Emergency suspension of sale and/or provision of alcoholic
beverages.
The City Manager and Chief of Police are each authorized to suspend the sale and/or
provision of alcoholic beverages under any license for any emergency situation when the
official deems such suspension necessary for the protection of the publ ic health, safety,
or welfare. Such suspension may be made effective immediately and shall remain in force
until the City Manager or Chief of Police determines the emergency no longer exists or
until the next meeting of the City Council, at which time the city council shall decide
whether the suspension shall cease or be extended.
(was 4-127)
Sec. 4-102. - Inspection of licensed establishments.
(a) Sworn officers of the Police Department shall have the authority to inspect
establishments licensed under the City's alcoholic beverages ordinance during the
hours in which the premises are open for business. These inspections shall be
made for the purpose of verifying compliance with the requirements of this Chapter
and state law.
(b) This Section is not intended to limit the authority of any other City officer to conduct
inspections authorized by other provisions of this Chapter.
(was 4-126)
Secs. 4-103 – 4-104 Reserved.
DIVISION 2. OPERATING REGULATIONS
Sec. 4-105 – Hours and Days of Sale
Alcoholic beverages shall only be permitted during the following hours and days of the
week, as indicated for each respective license type:
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 68 of 95
(a) Retail package beer and/or wine (off-premise consumption): Monday through
Saturday 7:00 a.m. to 12:00 midnight. Sundays between the hours of 12:30
p.m. and 11:30 p.m. with a valid Sunday Sales License.
(b) Retail package liquor or distilled spirits (off -premise consumption): Monday
through Saturday 8:00 a.m. to 11:45 pm. Sundays between the hours of 12:30
p.m. and 11:30 p.m. with a valid Sunday Sales License.
(c) Eating establishments, restaurants and other on-premise licenses not
specifically designated in this section: Monday through Saturday, from 9:00
a.m. until 2:00 a.m. of the following day. Sunday from 11:00 a.m. until 2:00
a.m. of the following day; provided, however, any licensed establishment
which serves alcohol on Sunday shall meet the minimum food sales
requirements set forth under state law and possess a valid Sunday Sales
License.
(d) Ancillary license and/or BYOB license. Monday through Saturday, from 9:00
a.m. until 1 hour before closing but no later than 1 a.m.
(e) Incidental License, Limited Tap License, Craft Beer and/or Wine Market,
Growler/Crowler Shops. Monday through Saturday from 9:00 a.m. until 10:00
p.m.
(f) Farm Winery Tasting License. Monday through Saturday, from 9:00 a.m. until
10:00 p.m. Sunday from 12:30 p.m. until 10:00 p.m.
(g) Wholesalers. Monday through Saturday: 7:00 a.m. and 6:00 p.m. There shall
be no sales of alcoholic beverages on Sunday by wholesalers.
Unless otherwise provided for in this Chapter, licensed premises shall close their
premises to the public and clear the premises of patrons within 30 minutes after the time
set in this Section for discontinuance of the sale of alcoholic beverages on the premises.
The licensed business shall open its business each day it is open by not later than 5:00
p.m. This Section shall not apply to Private Clubs.
State Law reference— Georgia Dept. of Rev. Regulations 560-2-3-.02
Sec. 4-106. – Maintenance and compliance of premises.
(a) The licensed premises shall be kept clean and shall be in full compliance with all
City regulations governing the conditions of the premises, including but not limited
to, compliance with the applicable Sections of this Code governing the conditions
of premises used for the storage and sale of food for human consumption.
(b) The licensee is required to maintain the exterior of the licensed premises, parking
lot and all parts of the premises abutting public rights -of-way during all hours the
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 69 of 95
business is open and to do an inspection of the premises within three (3) hours
after closing. The term "maintain" means keeping the defined areas free of bottles,
cans, cups, trash and other litter.
(c) All eating establishment and restaurant areas, inclu ding all tables, booths, and
other areas where patrons are served and including all passageways for patrons,
shall be kept clean and shall be sufficiently well illuminated so that they may be
viewed by those on or about the premises.
(d) The Fulton County Health Department is authorized to regularly inspect such
licensed premises to determine that such licensed premises are in compliance with
all County and state health rules and regulations and report any violations to the
City Manager or his or her designee.
(e) City fire personnel are authorized to regularly inspect the premises to see that they
are in compliance with all City, County, and state fire regulations and report any
violation to the City Manager or his or her designee.
(f) The City Community Development Department is authorized to regularly inspect
the licensed premises to determine if the premises are in compliance with all
technical codes of the City and County and report any violation to the City Manager
or his or her designee.
(g) City police personnel shall periodically inspect the premises to determine if the
licensed premises are in compliance with all provisions of this Chapter and report
any violation to the City Manager or his or her designee.
(was 4-240)
Sec. 4-107. - Advertising; signs; pricing.
(a) No outdoor advertising or signs with respect to the promotions of the sale or service
of alcoholic beverages, or the prices of such beverages, shall be permitted:
1) On the exterior of any retail package outlet;
2) On the premises of an on-premise consumption dealer; or
3) In the windows of any licensed establishment that may be viewed from outside.
(b) No signs shall be erected anywhere in the City advertising or promoting the sale
of alcoholic beverages, except that a store displaying its merchandise may in the
same manner as such other merchandise is displayed, erect a sign indicating the
counter on which the merchandise is displayed; provided the lettering of such signs
does not exceed in size the lettering of such signs on other counters where other
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 70 of 95
products are sold. The name, brand or type of alcoholic beverage served and the
price per serving may be provided to patrons on a regular printed menu.
(c) Alcoholic beverages may not be priced in any manner except as to single units or
unbroken package quantities.
(was 4-559)
Sec. 4-108. - Wholesaler and distributor registration and delivery requirements.
All wholesalers or distributors shall register and pay appropriate fees with the city and
comply with this Chapter before they can sell or deliver any alcoholic beverages to any
establishment in the City. Deliveries shall be made in a conveyance owned and operated
by a wholesaler or distributor registered as set out in this Chapter and shall at all times
when deliveries are being made be subject to inspection by any and all duly authorized
authorities of the City. Deliveries of any alcoholic beverages shall be limited to premises
that are covered by a valid retail license.
Sec. 4-109. - Storage of alcoholic beverages by retailers.
All licensed retailers shall store all alcoholic beverages on the premises for which the
license was issued, and at no other place. All alcoholic beverages shall be available at all
times for inspection by authorized City officials. Any brand or type of alcoholic beverages
found in any retailer's stock that was not delivered to the licensed premises by an
authorized wholesaler or distributor shall be subject to immediate con fiscation.
Sec. 4-110. - Conflicts with wholesaler or manufacturer prohibited.
No financial aid or assistance to any retail licensee hereunder from any wholesaler or
manufacture of beer, wine or other alcoholic beverages shall be permitted.
(was 4-243)
Sec. 4-111. - Requests for additional information.
The City Manager or his or her designee may request, from time to time, information
concerning purchases and sales of alcoholic beverages from retailers and wholesalers.
(was 4-561)
Sec. 4-112. - Single cans/bottles or other containers permitted for sale.
Single cans or bottles or other containers of alcoholic beverages may be sold at retail.
(was 4-191)
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 71 of 95
Sec. 4-113. - License prohibited for package sales in connection with designated
establishments.
No retail license for the sale of liquor by the package shall be allowed in or in
connection with any business holding a license for any type of on-premise consumption.
Secs. 4-114 – 4-119. Reserved.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 72 of 95
DIVISION 3. REGULATION OF EMPLOYEES; SELLER/SERVER PERMITS
Sec. 4-120. – Licensee to identify employees involved with alcoholic beverages.
It shall be the duty of the licensee to file with the City a list of the names, driver’s
license numbers, addresses and telephone numbers of all present employees who are
involved with the sale and/or handling of alcoholic beverages. The list is due twice
annually during the month of June and again during the month of December.
(was 4-237)
Sec. 4-121. – Restrictions on employment of underage persons.
(a) No licensee shall allow or require a person in such person's employment under 18
years of age to dispense, serve, sell, or take orders for any alcoholic beverages. It
shall be prohibited for any person under the age of 18 years of age to dispense,
serve, sell or take orders for any alcoholic beverages. All employees of retail
package distilled spirits establishments must be at least 21 years of age.
(b) This section shall not prohibit persons under 18 years of age who are employed in
off-premise beer and/or wine package stores from selling or handling alcoholic
beverages which are sold for consumption off -premises if there is, at all times
during which any person under 18 years of age is working and during hours within
which alcoholic beverages are sold, either the licensee or at least one (1)
employee over the age of 21 who has a valid alcohol permit and who is serving in
a managerial capacity on the premises inside the building within which the
alcoholic beverages are sold.
(c) In the event a licensee employs persons under 21 years of age who will or may
sell or handle alcoholic beverages, all such employees shall require proper age
identification of any person attempting to purchase alcoholic b everages.
(was 4-558)
Sec. 4-122. – Alcohol seller/server permits required; application process and
conditions; appeals; training.
The following regulations shall apply to all establishments holding an alcoholic
beverage license other than non-profit Special Event Alcohol licenses:
(a) No person shall be employed or allowed to dispense, sell, serve, take orders, mix
alcoholic beverages, or serve in any managerial position, by an establishment
holding a license under this Chapter until such person has been cleared by the
Chief of Police or his or her designee, indicating that the person is eligible to hold
an alcohol seller/server permit.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 73 of 95
(b) This section shall not be construed to include volunteer groups with nonprofit tax -
exempt status from the Internal Revenue Service whose volunteer effo rts
financially benefit a nonprofit organization with no direct financial benefit, either by
wages, tips or donations, to the individual volunteer. However, no volunteer under
the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix
alcoholic beverages. Employees of a licensed establishment whose duties are
limited solely to those of busboy, cook, or dishwasher shall also be excluded from
this section.
(c) No alcohol seller/server permit shall be issued until such time as a signed
application has been filed with the City Police Department and upon paying a fee
which shall be established by the City Council, and a search of the criminal record
of the seller/server is completed. The application shall include, but not be limited
to, name, date of birth, and social security number. These applications and the
resulting criminal investigative report shall be regarded as confidential and shall
not be produced for public inspection without a court order.
(d) The Chief of Police or his or her designee shall have a complete search made
relative to any police record of the seller/server seeking a permit. If there is no
record of a violation that would preclude the individual from selling or serving
alcohol under this Chapter, the Chief of Police or his or her designee shall approve
the issuance of a permit to the person, stating that the person is eligible for sales
and service of alcohol at the licensed location. If it is found that the person is not
eligible, the Chief of Police or his or her designee shall notify the person, in writing,
that he or she not eligible for an alcohol seller/server permit from the City, of the
cause of such denial, and of the individual’s right to appeal. Appeals shall be filed
with the City Manager and heard by the City Council.
(e) Crimes preventing the possession of an alcohol seller/server permit:
Any individual seeking an alcohol seller/server permit shall submit to fingerprinting
as part of a background investigation by the Police Department in connection with
the application for the permit. No person shall be granted an alcohol seller/server
permit who has, within five (5) years of the date of applying for said permit, been
convicted of or pled guilty or entered a plea of nolo contendere to any crime
involving: moral turpitude, illegal gambling, felony possession or sale of controlled
substances, illegal possession or sale of alcoholic beverages (including sale or
transfer of alcoholic beverages to minors in manner contrary to law), keeping a
place of prostitution, pandering, pimping, public indecency, prostitution, solicitation
of sodomy, or any sexual related crime. No person shall be granted an alcohol
seller/server permit who, at the time of applying for an alcohol seller/server permit,
is then on parole or probation for any of the criminal offenses identified in this
subsection.
No person shall be granted an alcohol seller/server permit who has been
convicted, plead guilty or entered a plea of nolo contendere to any federal, state,
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 74 of 95
or local law for any felony within five (5) years of the date of conviction and has not
been released from parole or probation prior to the filing for application for such
permit. For purposes of this Chapter, a conviction or plea of guilt or nolo
contendere shall not be considered as to any offense for which defendant who was
allowed to avail himself or herself of the state first offender provisions, O.C.G.A. §
48-8-98 et seq.; provided, however, that any such offense shall not be ignored
where the defendant violated any term of probation imposed by the court granting
first offender treatment or committed another crime and the sentence in court
entered an adjudication of guilt as to the crime for which the defendant had
previously been sentenced as a first offender.
(f) An alcohol seller/server permit shall be issued for a period of two calendar years
from the date of the original application and shall be valid for use at any licensed
establishment. The alcoholic beverage seller/server permit must be in the
possession of the employee while the employee is working at the licensed
establishment and shall be available for inspection by members of the Police
Department or the City Manager's staff.
(g) No person shall be issued a permit if it is determined that the person falsified,
concealed or covered up any material fact by any device, trick or scheme while
making application to the City for an alcohol seller/server permit under this section.
If it is determined that a person is in violation of this subsection and a permit is
denied for this reason, then thirty (30) calendar days must elapse from the date of
notification per certified mailing before a new application and fee may be
resubmitted.
(h) All permits issued through administrative error can be terminated and seized by
the Chief of Police or his or her designee or the City Manager or his or her
designee.
(i) A replacement permit will be issued within thirty (30) days of the original date, upon
paying one-half of the fee charged for an original alcohol seller/server permit. After
thirty (30) days of original application date, a new application and fee must be
submitted.
(j) All permits issued under this Chapter remain City property and shall be produced
for inspection upon demand of any City police officer or code enforcement officer.
No licensee shall allow any employee or manager required to hold an alcohol
seller/server permit to work on the premises unless the employee or manager has
in his or her possession a current valid City alcohol seller/server permit. For new
employees, an application for a permit must be made within five calendar days of
date of initial employment. Licensees are required by this Chapter to inspect and
verify that each employee has in his or her possession a valid City alcohol
seller/server permit.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 75 of 95
(k) Training of permit holders.
1) Licensees shall provide regular information, the establishment’s alcohol
sale/service policies, and training to all permit holders on the methods,
procedures and measures to be taken in order to request, obtain and
examine proper identification of patrons to be certain that such patrons are
of legal age to purchase alcoholic beverages and do not appear to be legally
intoxicated. Training shall also include the methods, procedures and
measures to be taken in order to refuse sale/service to underage or
intoxicated patrons. Training shall provide information to all permit holders
on provisions of the law of this state and the City’s ordinances regarding the
prohibitions against providing alcoholic beverages to intoxicated and
underage persons and the penalties for violating such laws and ordinances.
2) Detailed records of such training, including the content, date, time, persons
attending and copy of any pre/post-test, shall be maintained for a minimum
of 36 months after the training. Evidence of such training records shall be
made available upon request for inspection by the City.
(l) Any establishment that has agents or employees acting in violation of this section
may receive a fine and/or license suspension or revocation as set forth in this
Chapter for violations of this Chapter.
(m) Any individual working in a licensed establishment without the required permit
may be charged with a misdemeanor and penalized accordingly and may also be
prohibited from applying for an alcohol seller/server permit within the City for a
period of time up to sixty (60) days in the discretion of City Council.
(modeled after 4-235)
Secs. 4-123 – 4-129 Reserved.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 76 of 95
DIVISION 4. SALES AND CONSUMPTION REGULATIONS AND PROHIBITIONS
Sec. 4-130 - Sales and consumption on public property.
(a) Except as provided in this Chapter, it shall be prohibited for any person to sell,
serve, or otherwise dispense any alcoholic beverage in a street, sidewalk,
alleyway, parking area, mall or other place commonly used by the public or in any
other public place or on public property.
(b) Private parties and organizations may secure a permit from the City Manager as
set forth in this Chapter to serve, sell, or otherwise dispense alcoholic beverages
on property owned or leased by the City to the extent authorized.
Sec. 4-131. - Drinking in public places.
(a) It shall be prohibited for any individual to drink or consume all or any part of an
alcoholic beverage in or on any street, sidewalk, alleyway, parking area, mall, or
other place commonly used by the public unless the place has been licensed or
permitted for consumption or is located in a Special District, subject to the
limitations of the license, permit, or provisions of this Chapter.
(b) It shall be prohibited for any individual to drink or consume all or part of any
alcoholic beverage while in any City park except during licensed special events or
at licensed locations within such parks.
(c) Nothing in this section shall be construed to (i) prohibit the sale and consumption
of any alcoholic beverage at any duly licensed sports club, assembly hall, special
event facility, or golf course owned or operated by the City, or (ii) prevent a
licensee from preparing and serving alcoholic beverages to be consumed within
an approved Outdoor Dining Area as part of the operation of its business. To the
extent that an approved Outdoor Dining Area is located on a portion of a City
sidewalk or is separated from the interior dining portion of the licensed premises
by a City sidewalk, open containers of alcoholic beverages shall only be
transported into or out of such outdoor dining area by the licensees' working
employees as part of their work duties.
Sec. 4-132. - Alcohol consumption near retail package stores.
It shall be prohibited for any person to open or to consume all or any part of any type
of alcoholic beverage within 100 feet of any retail store where alcoholic beverages are
sold in package form or within the boundary lines of the property on which such retail
store is located, whichever constitutes the greater distance.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 77 of 95
Sec. 4-133. - Open areas and patio sales regulations.
The consumption and/or sale of alcoholic beverages may be allowed in a licensed
establishment’s open areas, sidewalks, decks, patios or similar unenclosed spaces on,
about or adjacent to the premises of an establishment licensed to sell alcohol for
consumption on-premises if written application is made to and approved by the City
Manager, or his or her designee, under such conditions as the City Manager, or his or her
designee, may deem appropriate for the protection of public health, safety and welfare
including, but not limited to, maximum capacity, ingress and egress. The provisions of
this Article shall not be deemed to abrogate or otherwise impact any state law or local
ordinance pertaining to public drunkenness, disorderly conduct, or similar laws.
(modeled after 4-238)
Sec. 4-134. - Carry-out of partially consumed bottles of wine permitted (“Merlot to
Go” provision).
(a) An eating establishment licensed to sell wine for consumption on -premises may
permit guests, patrons or members to purchase the esta blishment's wine on the
premises and leave with no more than one (1) bottle of unfinished wine per legally
aged patron as long as such bottle has been re-sealed and packaged in
accordance with the provisions set forth in O.C.G.A. §3-6-4.
(b) Such partially consumed bottle of wine must be transported in accordance with
O.C.G.A. § 40-6-253, "Consumption of alcoholic beverage or possession of open
container of alcoholic beverage in passenger area." However, nothing in this
Section shall be construed to prohibit the carrying out of beer or wine for
consumption at a publicly owned or privately-owned golf course.
(c) No licensee may allow patrons to remove partially consumed wine from their
premises pursuant to this Section without first providing written notice to an d
obtaining written approval from the City Manager. This approval will only be
provided to establishments that meet the requirements of an “eating
establishment” under this Chapter and state law. While an approved
establishment may charge a “corkage fee” to patrons for the re-sealing and
packaging of the wine, there will be no additional license fees assessed by the City
for an establishment to be approved as a “Merlot to Go” establishment.
(modeled after 4-239)
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 78 of 95
Sec. 4-135. – Carry-out of alcoholic beverages prohibitions.
(a) Except as otherwise provided in this Chapter, all alcoholic beverages sold or
otherwise dispensed for consumption on the licensed premises shall be consumed
only on the licensed premises.
(b) Except as otherwise provided in this Chapter, it shall be prohibited for any person
to remove from the licensed premises any alcoholic beverages sold for
consumption on-premises, and it shall be prohibited for the licensee to permit any
person to remove from the licensed premises any alcoholic beverages sold for
consumption on-premises except as otherwise permitted under this Chapter.
When prohibited, the licensee shall be responsible for ensuring that no person
removes any alcoholic beverages from the premises in any type of container.
(c) It shall be prohibited for any person purchasing alcoholic beverages for
consumption on-premises to leave the premises without paying for such alcoholic
beverages.
(d) Except as otherwise provided in this Chapter, it shall be prohibited for patrons to
gather outside the establishment of a con sumption on-premises licensee and
consume alcoholic beverages.
(e) Except as otherwise provided in this Chapter, it shall be prohibited for the manager
or any employee of a consumption on-premises licensee to allow patrons to gather
outside the establishment and consume alcoholic beverages.
Sec. 4-136. - BYOB prohibited except in licensed establishments.
(a) It is prohibited for any person to bring an alcoholic beverage into any business
establishment (regardless of whether the establishment holds a license t o sell or
serve alcoholic beverages), unless such establishment holds a valid BYOB
License.
(b) Where an establishment holds a BYOB License, in addition to all requirements in
place for holding such license, the following requirements/prohibitions apply:
1) The establishment may not sell liquor by the package.
2) The licensee must have an established policy pertaining to BYOB practices.
3) BYOB beverages are limited to beer and wine, unless a patron has rented an
entire section of the premises for a private function.
4) No alcohol may be brought onto the premises or consumed by a patron under
21 years of age.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 79 of 95
5) No alcohol may be brought onto the premises by a patron less than one (1)
hour prior to closing.
6) All alcohol brought onto the premises by a patron must be removed from the
premises or disposed of by the patron.
7) Any beer or wine opened and not completely consumed at a business
establishment pursuant to a BYOB License shall be properly disposed of and
not kept on the premises.
8) Employees of the establishment/licensee are prohibited from handling any
patron’s alcohol unless removing it to dispose of it. If a patron leaves the alcohol
on the premises, it must be disposed of and not allowed to remain on the
premises.
9) No person under age 18 shall work in an establishment with a BYOB license.
Sec. 4-137. - Prohibited sales to persons under 21 or intoxicated persons; Sunday
and election day provisions.
(a) No licensee shall permit on the licensed premises, the sale, barter, exchange,
giving, providing or furnishing of alcoholic beverages to any person under 21 years
of age.
(b) No licensee shall permit on the licensed premises the sale, barter, exchange,
giving, providing or furnishing of alcoholic beverages to any person who is in a
state of noticeable intoxication.
(c) No licensee shall permit the sale of alcoholic beverages on S unday, except as
otherwise provided by law or in this Chapter.
(d) No licensee shall permit the sale of alcoholic beverages on election days within
250 feet of any polling place or of the outer edge of any building within which such
polling place is established on primary or election days. The sale of alcoholic
beverages on election days is permitted to the extent authorized by state law,
pursuant to O.C.G.A. § 3-3-20.
(was 4-556)
Sec. 4-138. - Promotions and sales.
(a) No licensee or employee or agent of a licensee, in connection with the sale or other
disposition of alcoholic beverages for consumption on-premises, shall:
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 80 of 95
1) Offer or deliver any free alcoholic beverage to any person or group of
persons. For the purpose of this Section, “free” means free to t he patron
on behalf of the establishment.
2) Deliver more than two (2) alcoholic beverages to one (1) person at a time,
however, nothing herein shall prohibit a brewpub from offering a sampler of
beer in containers not exceeding four (4) ounces. Each sampler shall not
exceed four (4) different types of beer. For the purposes of this Section, one
(1) alcoholic beverage shall be the equivalent of one (1) 16 ounce beer, or
one (1) 6 ounce glass of wine or one (1) ounce of 100 proof spirits.
3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic
beverage at a price less than 50 percent (50%) of the price regularly
charged for such alcoholic beverage during the same calendar week,
except at private functions not open to the public.
4) Sell, offer to sell, or deliver to any person or group of persons an unlimited
number of alcoholic beverages during any set period of time for a fixed
price, except at private functions not open to the public.
5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic
beverages on any one (1) day at prices less than those charged the general
public on that same calendar day, except at private functions not open to
the public.
6) Sell, offer to sell, or deliver alcoholic beverages, inclu ding beer, in any
container which holds more than 32 fluid ounces (0.947 liters), except to
two (2) or more legally aged persons at any one (1) time.
7) Increase the volume of alcohol contained in a drink without increasing
proportionately the price regularly charged for such alcoholic beverage
during the same calendar week.
8) Encourage or permit on the licensed premises any game or contest which
involves the drinking of alcoholic beverages or the awarding of alcoholic
beverages as a prize.
This subsection shall not apply to Incidental Licenses.
(b) Each licensee shall maintain a schedule of the price charged for all alcoholic
beverages to be served and consumed on the licensed premises or in any room
or part thereof. The schedule of prices shall be posted in a conspicuous manner
so as to be in view of the paying public, and the schedule shall be effective for not
less than one (1) calendar week.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 81 of 95
(c) No licensee shall advertise or promote in any way, whether within or without the
licensed premises, any of the practices prohibited under this Section.
(d) No provision of this Section shall be construed to prohibit:
1) Offering free food or entertainment at any time;
2) Including an alcoholic beverage as part of a meal package; or
3) Selling or providing wine by the bottle or carafe when sold with meals or to
more than one (1) person.
(e) The Police Department shall have the responsibility for the enforcement of this
Section.
(f) No licensee may require the purchase of any alcoholic beverage as a part of or
prerequisite to the purchase of any other product or service. If alcoholic beverages
are included as part of a package of other goods and services, the alcoholic
beverages must be priced separately and all patrons must be allowed to purchase
the remaining goods and services without the alcoholic beverages at a price from
which the full price of the alcoholic beverages has been deducted, provided,
however, that this Section shall not apply to Incidental Licenses.
(g) It shall be prohibited for any sales to be made outside of the area on or about the
premises licensed for such sale except as permitted herein. For the purpose of this
Section, the term “sale” shall refer to the point at which there is an exchange of
money for alcoholic beverages or when alcoholic beverages are left in the sole
possession or control of a patron. Nothing in this Section will be deemed to prohibit
alcoholic beverages from being sold through a window of the premises when any
such practice is otherwise permitted by state law.
(h) It shall be prohibited for any person except a licensee, his or her manager, or agent
in charge of the licensed premises, to carry into or have in his or her possession
on any licensed premises, any alcoholic beverages provided that this Section shall
not apply to beverages sealed in their original container being brought onto the
premises of private clubs or establishments with a BYOB License by a patron.
(modeled after 4-233)
Sec. 4-139 – Reserved.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 82 of 95
DIVISION 5. ‘UNDER 21’ PROHIBITIONS
Sec. 4-140. - Furnishing to, purchasing of alcoholic beverages by persons under
21 years of age prohibited; maintaining place where persons under 21 may
purchase, drink, or possess alcoholic beverages prohibited.
Refer to Chapter 32 Section 135 of the City of Milton Code of Ordinances - Prohibited
acts by persons under 21 years of age.
Sec. 4-141. – Purchase, consumption, possession by or for underage persons.
(a) It shall be prohibited for any person under 21 years of age to purchase, drink,
consume or possess any alcoholic beverages except as provided under state law.
(b) It shall be prohibited for any person to keep or maintain a place where persons
under 21 years of age are knowingly allowed to come and purchase, drink,
consume or possess any alcoholic beverage.
(c) It shall be prohibited for any parent or other person to buy beer or other alcoholic
beverages and furnish such beverage for consumption by any person under 21
years of age except as permitted under state law.
(d) It shall be the responsibility of the alcoholic beverage licensee and his or her
agents and employees to examine proper identification of patrons to be certain
that such patrons are of legal age.
(was 4-558)
Sec. 4-142. - Under-age persons on licensed premises, employment of minors.
No licensee who holds a license to sell or serve alcoholic beverages by the drink or
who holds a BYOB license shall permit any person under 21 years of age to be in,
frequent or loiter about the licensed premises unless such person is accompanied by a
parent, legal guardian or spouse who is 21 years of age or older; provided, however, that
such person shall be permitted in eating establishments or private clubs as defined herein
without being accompanied by a parent, legal guardian or custodian, and provided further,
that this section shall not apply to persons who are employees under this Chapter.
(was 4-558)
Sec. 4-143. - Misrepresentation of age by underage persons.
It shall be prohibited for any person under the age of 21 years, to misrepresent his or
her age in any manner whatsoever.
Secs. 4-144 – 4-149 Reserved.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 83 of 95
DIVISION 6 – ACTIVITIES PROHIBITED ON PREMISES
Sec. 4-150. - Contents of bottles.
It shall be prohibited for a licensee to add to the contents of liquor bottles or to refill
empty alcoholic beverage bottles or in any other manner to misrepresent the quantity,
quality or brand name of any alcoholic beverage.
(was 4-241)
Sec. 4-151. - Solicitation prohibited.
No establishment licensed under this Chapter shall require, permit, suffer, encourage,
or induce any employee or person to solicit in the licensed premises for himself or herself,
or for any person other than the patron and guest of the patron, the pur chase by the
patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money
with which to purchase the beverage; nor shall any licensee pay a commission or any
other compensation to any person frequenting his or her establishment or t o his or her
agent or manager to solicit for himself or herself or for the others, the purchase by the
patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money
with which to purchase the beverage.
(was 4-244)
Sec. 4-152. - Employees prohibited from mingling with patrons.
(a) It shall be prohibited for any employees of a licensee under this Chapter to dance
or sit with patrons in the premises or for any patron to be permitted to purchase
food or drink for such employees during such employees' working hours.
(b) Alcoholic beverages shall only be served by the licensee or the licensee's
employees or agents.
(c) It shall be prohibited for any employee or agent of any licensee to consume
alcoholic beverages on the premises of the licensee during such employee's or
agent’s working hours.
Sec. 4-153. - Types of entertainment - attire and conduct prohibited.
(a) No person shall perform on a premise licensed hereunder acts of or acts which
constitute or simulate:
1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation, or any sexual acts which are prohibited by law;
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 84 of 95
2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals;
or
3) The displaying of any portion of the female breast below the top of the areola or
the displaying of any portion of any person's pubic hair, anus, cleft of the
buttocks, vulva, or genitals.
(b) No person shall use on licensed premises artificial devices or inanimate objects to
perform, simulate, or depict any of the prohibited conduct or activities described in
this Section.
(c) It shall be prohibited for any person to show, display, or exhibit, on licensed
premises, any film, still picture, electronic reproduction, or any other visual
reproduction or image of any act or conduct described in subsections (1) and (2)
of this Section.
(d) Failure to comply with this Section shall be considered as due cau se to suspend,
revoke or refuse to renew any license issued by the City pursuant to this Chapter.
Secs. 4-154—4-159 Reserved.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 85 of 95
ARTICLE VI. – REPORTING, AUDITS, AND EXCISE TAXES
DIVISION 1. – GENERALLY
Sec. 4-160. - Administration and enforcement of article.
(a) The Finance Director or his or her designee shall administer and enforce the
provisions of this Article.
(b) The City Manager may promulgate rules and regulations for the enforcement of
this Article.
(c) Every licensee engaging in the sale of mixed drinks shall keep such records,
receipts, invoices, and other pertinent papers in such form as may be required by
the City.
(d) The City Manager or his or her designee may examine the books, papers, records,
financial reports, equipment, and facilities of any licensee engaging in the sale of
any alcoholic beverage, retail or wholesale, in order to verify the accuracy of any
return, or if no return is made to ascertain the amount of tax due.
(e) In the administration of the provisions of this Chapter, the City Manager or his or
her designee may require the filing of reports by any person or class of persons
having in their possession or custody any information relating to purchases subject
to taxation under this Article.
(was 4-512)
Sec. 4-161. – Audits.
(a) If the City Manager deems it necessary to conduct an audit of the records and
books of a licensee, he or she shall notify the licensee of the date, time and place
of the audit. The City Manager may designate the City's Finance Director or other
designee to perform any audit authorized in this Code. The licensee shall
cooperate with the audit or forfeit any license issued under this Chapter.
(b) All establishments licensed under this Chapter must maintain the following records
for five (5) years and make them available for audit at the licensed premises:
1) Monthly income or operating statements.
2) Daily sales receipts showing beer, wine, liquor and food sales separately (this
requirement does not apply to package beer and wine licensees).
3) Daily cash register receipts such as Z Tapes or guest tickets.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 86 of 95
4) Monthly state sales and use tax reports.
5) Federal income tax return with all Form 1099s.
6) Any and all records utilized in calculating excise taxes as set forth in this
Chapter.
(c) The City Manager can waive all or some of the requirements of subsection (b) of
this section if the City Manager finds reasonable evidence to support the waiver.
(modeled after 4-100)
Sec. 4-162. – Reporting of food sales required.
(a) Each holder of any alcoholic beverage license for which minimum food sales
requirements apply, shall maintain on the premises and available for inspection at
any time during business hours, records that document the establishment’s sales
in even dollars and as a percent of total revenue. These numbers shall include
gross food sales in even dollars and as a percent of the total sales, gross alcoholic
beverage sales in even dollars and as a percent of the total sales, the amount of
tax at the percent required under this division, and any other information
reasonably related to the operation of the business required by the City. A report
reflecting the same shall also be provided to the City Manager upon request and
no more than 20 days after such request.
(b) Failure to provide any and all of the information required by this section may result
in penalties specified in this Chapter, including but not limited to, penalties and
interest on the amount of tax due and payable, suspension or revocation of the
license, or fines.
Sec. 4-163. – Tax levied; reporting requirements; duties of dealers and wholesalers;
prohibited sales and deliveries; bonds; penalties.
(a) Scope of Section. In addition to all other taxes or license fees imposed upon retail
dealers engaged in the City in the business of selling beer, wine and liquor, as
defined under the laws of the state, there is im posed and levied upon all dealers
described in this Section within the City limits an excise tax, to be computed and
collected as set forth in this Article.
(b) Amount of tax. The excise taxes on beer, wine, and liquor are set forth below and
may be modified by the City Council with such modifications set forth in a schedule
of excise taxes on file in the City Manager’s office and the Finance Department.
(c) Computation, payment, duties of wholesale dealer or distributor. The tax imposed
in this Article shall be computable and payable monthly. Each wholesale dealer or
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 87 of 95
distributor selling, shipping or delivering beer, wine or liquor to any retail dealer in
the City shall, as a condition to the privilege of carrying on the business:
1) Keep true and correct records of all sales, shipments or deliveries of such
alcoholic beverages to any retail dealer in the City, such records to be for a
period of five (5) years for beer, wine, and liquor, and to be made available
upon request to any duly authorized representative of the City.
2) Collect from each such retail dealer in the City limits at the time of delivery
of the beer, wine, and liquor the amount of tax due under the terms of this
Article and to hold such amount in trust for the City until such amount is
remitted to the City as provided in this Section.
3) Except as provided in O.C.G.A. § 3-5-81 or other applicable state law, on
or before the 20th day of each calendar month make a verified and
comprehensive report to the City Manager or his or her designee, which
shall correctly show all sales and deliveries of beer, wine, and liquor to or
for retail dealers in the City limits for the month immediately preceding such
report. Such report shall show the name and address of each retail dealer,
the quantities delivered to each retail dealer, the amount collected under
the terms of this Article, and such other information as may be called for by
the City. This report shall be accompanied by remittance to the City for all
taxes collected or due as shown on the report.
(d) Noncompliance by wholesale dealer or distributor. If any wholesaler dealer or
distributor fails or refuses to make the report provided for in this Section, the City
shall notify the party in writing; and if the reports are not made and the taxes
remitted within five (5) days from the date of notice, the City may prohibit said
wholesaler or distributor from doing business in the City until the acts of
noncompliance are cured. In addition, such a wholesaler must pay a late payment
charge of fifteen percent (15%) per month for each month of delinquency together
with interest on the total amount due (including late payment fee) equal to one
percent (1%) per month.
(e) Prohibited retail sales. It shall be a violation of this Section for any person to sell
at retail within the City any beer, wine, or liquor on which the taxes provided for in
this Section have not been paid. This Section shall also apply to Farm Wineries.
(f) Prohibited deliveries. It shall be prohibited and a violation of this Section for any
wholesale dealer or distributor to deliver any beer, wine, or liquor to any retail
dealer in the City without collecting the taxes provided for in this Section at the time
of delivery.
(g) Violations and penalties. Any person violating any of the provisions of this Section,
or who shall assist any retail dealer in beer, wine, or liquor in the City to evade or
avoid the payment of the taxes provided for in this Section shall be punished as
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 88 of 95
provided in this Chapter and shall also be subject to having his/her license
revoked.
(h) Farm Wineries. Wines sold at retail by a Farm Winery shall have levied thereon
the excise tax that applies to wholesalers. Farm Wineries have a duty to keep
accurate records as to what is sold at retail and what is sold at wholesale.
(i) Distilleries. Liquor sold at retail by a distillery shall have levied thereon the excise
tax that applies to wholesalers. Distilleries have a duty to keep accurate records
as to what is sold at retail and what is sold at wholesale.
(j) Breweries. Beer sold at retail by a brewery shall have levied thereon the excise tax
that applies to wholesalers. Breweries have a duty to keep accurate records as to
what is sold at retail and what is sold at wholesale.
State Law reference—O.C.G.A. § 3-3-41; employee solicitation of patrons for drinks on-
premises, O.C.G.A. § 3-3-42; display of prices of distilled spirits, O.C.G.A. § 3-4-26; levy
of tax on sale of distilled spirits by the package authorized, O.C.G.A. § 3-4-80; sale of
distilled spirits by the drink, O.C.G.A. § 3-4-90 et seq.; imposition of excise tax on malt
beverages required, O.C.G.A. § 3-5-80; authorization to levy tax on wine, O.C.G.A. § 3 -
6-60.
Sec. 4-164. - Per drink excise tax on distilled spirits to be collected and paid by on-
premise consumption retailers.
(a) There is hereby levied and imposed a specific excise tax on the sale of liquor in
the amount of three percent (3%) of the charge to the public (or the patron in the
case of a catered even t) for the beverage that contains the liquor; this does not
include any sales tax.
(b) The excise tax imposed in this subsection does not apply to the sale of fermented
beverages made in whole or in part from malt or any similar fermented beverages
made in whole or in part from fruit, berries or grapes either by natural
fermentation or fermentation with brandy or any similar fermented beverage.
(c) The excise taxes provided for in this Section shall be imposed upon and shall be
paid by the on-premise consumption licensee who sells liquor by the drink.
(d) Each licensee selling liquor by the drink within the City shall file a report with the
City by the 20th day of each month showing the preceding calendar month
summary of the licensee's gross sales derived from the sale of liquor sold by the
drink during the preceding month.
(e) Each such licensee shall remit to the City by the 20th day of the month next
succeeding the calendar month in which such sales were made the amount of
excise tax due in accordance with this Section.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 89 of 95
(f) Each licensee collecting the tax authorized by this Section shall be allowed a
percentage of the tax due and accounted for, and shall be reimbursed in the form
of a deduction in submitting, reporting, and paying the amount due if the amount
is not delinquent at the time of payment. The deduction amount authorized will
be the rate authorized under O.C.G.A. § 48 -8-50, as now written or hereafter
amended; (currently the rate of deduction as authorized under O.C.G.A. § 48 -8-
50 is three percent (3%) of the total amount due).
(g) Excise taxes received after the 10th day of the month shall be charged a fifteen
percent (15%) penalty plus interest
(h) If the City Manager or his/her designee deems it necessary to conduct an audit
of the records and books of the li censee, he/she will notify the licensee and an
agreed upon date and time will be arranged. If a date and time cannot be agreed
upon, the City Manager or his/her designee may set the date and time to occur
anytime during the licensee’s normal business hour s.
(i) In addition to any penalties otherwise set forth in this Chapter, failure to properly
complete or submit the required reports shall subject the licensee to a late filing
penalty of $25.00 for each deficient reporting period.
Sec. 4-165. - Excise tax on alcohol produced by brewpubs, breweries, micro -
breweries, distilleries and micro-distilleries.
(a) Every brewpub, brewery, micro -brewery, distillery and micro -distillery located
within the City shall file a monthly report with the City Manager or designee no
later than the 20th day of each month, on such forms as the City Manager or
designee may prescribe, setting forth all alcohol produced during such preceding
calendar month, to include beginning and ending inventories. Such rep ort shall
also indicate the total production of alcohol during the report period and the
proper tax remittance for such production. Failure to properly complete or submit
the required reports shall subject the licensee to a deficient or late filing penalty
of $25.00 for each deficient reporting period.
(b) There is levied an excise tax on all beer produced by a brewpub or brewery at
the rate of $6.00 per half barrel (15½ gallons) and $12.00 per barrel (31 gallons).
Where the beer is sold in bottles, cans, or other containers, except barrel or bulk
containers, the levied tax shall be 5 cents per 12 ounces and a proportionate tax
at the same rate on all fractional parts of 12 ounces.
(c) There is levied an excise tax on all liquor produced by a distillery at the rate of
$0.22 per liter or [$0.0065] per ounce.
(d) Such tax shall be paid to the City no later than the 20th day of each month for
the preceding month's production. A late payment penalty of fifteen percent
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 90 of 95
(15%) of the tax otherwise due plus interest shall be added to the amount due for
any payment not received by the due date.
Sec. 4-166. - Excise tax required on wholesalers.
(a) There is levied an excise tax computed at the rate of $0.22 per liter or [$0.0065]
per ounce which shall be paid to the governing authority on all wine and liquor
sold by wholesalers to retailers in the City.
Such tax shall be paid to the City by the wholesale distributor on all wine and
liquor sold in the City as follows:
1) Each wholesaler selling, shipping, or in any way delivering wine or liquor
to any licensees under this Chapter, shall collect the excise tax at the time
of delivery and shall remit the same to the City together with a summary
of all deliveries to each licensee on or before the 10th day of the following
month.
2) Excise taxes received after the 20th day of the month shall be charged a
fifteen percent (15%) penalty plus interest.
3) It shall be a violation of this Chapter for any wholesaler to sell, ship or
deliver in any manner any wine or liquor to a retail dealer without collecting
such tax.
4) Upon each and every delivery by a licensed wholesaler to a licensed
retailer, written records in triplicate shall be prepared, showing the quantities
and brands of liquor delivered, together with the price thereof and the tax
collected thereon. The original copy of such record shall be delivered by the
wholesaler to the retailer simultaneously with each such delivery. The
wholesaler shall retain the second copy of such record and shall keep it and
have it available for inspection by authorized representatives of the City. If
requested by an authorized representative of the City, a copy of such
records shall be attached to any reports requested or required by the City.
5) It shall be a violation of this Chapter for any retail dealer to possess, own,
hold, store, display or sell any wine or liquor on which such tax has not
been paid. Wholesalers collecting the tax authorized in this Section shall
be allowed a percentage of the tax du e and accounted for and shall be
reimbursed in the form of a deduction in submitting, reporting, and paying
the amount due, if the amount is not delinquent at the time of payment.
The rate of the deduction shall be at the same rate authorized for
deductions from state tax under O.C.G.A. § 48 -8-50, and any amendment
thereto.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 91 of 95
(b) There is levied an excise tax on all beer sold by wholesalers to retailers in the
City at the rate of $0.05 per 12 -ounce container and $6.00 for each container of
tap or draft beer of 15½ gallons and in similar proportion for bottles, cans and
containers of various sizes as follows:
Size of Container Tax Per Container
7-ounce $0.0291
8-ounce 0.0333
12-ounce 0.0500
14-ounce 0.0583
16-ounce 0.0666
32-ounce 0.1333
Half barrel (15½ gallons) 6.00
One barrel (31 gallons) 12.00
All provisions as to excise tax in this Section shall apply to this tax on beer except
the tax rate which is set out in this subsection and the reimbursement of three
percent (3%) of the taxes collected which shall not apply to beer wholesalers.
Secs. 4-167 – 4-169 Reserved.
DIVISION 2. – TAX RETURNS AND COLLECTION
Sec. 4-170. - Tax delinquent on 21st day.
The tax imposed under this Chapter shall, for each month, become delinquent on
the 21st day of each succeeding month. Any such delinquent tax shall bear interest at
the rate of one percent (1%) per month, or fraction thereof, and a penalty of fifteen
percent (15%) of such delinquent tax shall be added and attached to the total amount
of the fee. The City Manager or designee is empowered to pursue any remedy or right
of collection and payment of taxes lawfully levied by the City, as may be allowed under
the laws of the state and the ordinances of the City.
State Law reference— Authority to impose excise tax on sale of distilled spirits by the
drink, O.C.G.A. § 3-4-131; Local excise tax on sale of distilled spirits, O.C.G.A. § 3 -4-80;
local excise tax on sale of malt beverages, O.C.G.A. § 3-5-80 et seq.; local excise tax on
wine, O.C.G.A. § 3-6-60 et seq.
Sec. 4-171. - Deficiency assessment.
(a) If the City has cause to believe that a return or the amount of tax paid to the City
by a licensee is not proper, the City may compute and determine the amount due
on the basis of any information available. One (1) or more deficiency
determinations may be made of the amount due for any month.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 92 of 95
(b) The amount of deficiency determination shall bear interest at a rate equal t o the
bank prime loan rate as posted by the Board of Governors of the Federal Reserve
System in statistical review release H. 15 or any publication that may supersede
it, plus three percent (3%), to accrue monthly from the 20th day of the month after
the close of the period for the tax due, which the amount or any portion thereof
should have been returned until paid, in addition to any other penalties which may
be imposed. Such annual interest rate shall be determined for each calendar year
based on the first weekly posting of statistical release H.15 on or after January 1
of each year. For the purposes of this Section, any period of less than one (1)
month shall be considered to be one (1) month.
(c) For any deficiency which is determined to be made due to fr aud, or an intent to
evade any provisions of this Article, a penalty of 25 percent (25%) of the deficiency
shall be added thereto.
(d) The City shall give notice of a deficiency determination to the licensee. The notice
shall be served by personal service on the registered agent by a City police officer
or code enforcement officer. If personal service fails, the notice shall be mailed by
certified mail to the registered agent at the address provided and to the named
licensee at the licensed premises. Delivery shall be deemed to take place on the
third day following deposit in the United States mail.
(e) Except in the case of fraud, intent to evade this Chapter, or failure to make a return,
every notice of deficiency determination shall be mailed within three (3) years after
the 20th day of the calendar month following the monthly period for which the
amount is proposed to be determined, or within three (3) years after the return is
filed, whichever period should last expire.
(was 4-508)
Sec. 4-172. - Failure to file return.
(a) If any licensee fails to make a return, the City may make an estimate of the
amounts of the gross receipts of the licensee, or as the case may be, of the amount
of the total sales in the City which are subject to the tax. The estimate shall be
made for the period in respect to which the licensee failed to make the return and
shall be based upon any information which is or may come into the City's
possession. Upon the basis of this estimate, the City shall compute and determine
the amount required to be paid the City. One (1) or more determinations may be
made for each period.
(b) If the failure of any person to file a return is due to fraud or intent to evade this
Chapter, a penalty of 25 percent (25%) of the amount requi red to be paid by the
party shall be added thereto in addition to any other penalties which are imposed
under this Chapter.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 93 of 95
(c) The City shall promptly give to the party written notice of the deficiency in the
manner specified by this Chapter.
(d) In the event that any person holding a retail license shall fail to file the required
return or to pay the taxes imposed by this Chapter, it shall be grounds for
suspension or revocation of any retail license to sell alcoholic beverages in the
City.
(was 4-509)
Sec. 4-173. - Penalties and interest.
(a) Any party who fails to pay the tax herein imposed by the City, or fails to pay any
amount of such tax required to be paid by the party shall, in addition to the tax, pay
interest on the outstanding tax obligation at the rate of one percent (1%) per month,
or fraction thereof, from the date the tax payment was last due until payment is
made.
(b) Any party who fails to pay the tax herein imposed by the City, or fails to file any
required tax return to the City, within the time required, shall pay a penalty of fifteen
percent (15%) of the tax and interest due the City.
(c) In the event that any person holding a retail license shall fail or refuse to pay to the
wholesaler selling to him or her alcoholic beverages the tax imposed by the City,
the wholesaler shall immediately report such failure to pay to the Finance
Department and shall make no further s ales of any alcoholic beverages
whatsoever to said retailer until receipt of written notification to do so from the City.
In such event, the tax may be collected by the City by an action at law against the
retailer.
(was 4-510)
Sec. 4-174. - Actions for collections; overpayment.
(a) At any time within three (3) years after the delinquency of any amount due under
this Chapter, the City may bring an action in the courts of this state, any other state,
or the United States in the name of the City t o collect the amount delinquent,
together with penalties, interest, court fees, filing fees, attorneys' fees, and other
legal fees incident thereto.
(b) Whenever any tax, penalty, or interest has been paid more than once or has been
erroneously or illegally collected or received by the City, it may be offset against
any future liability for the tax.
(c) If the licensee determines that he has overpaid or paid more than once and such
fact has not yet been determined by the City, the licensee shall have three (3)
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 94 of 95
years from the date of payment to file a claim with respect to such overpayment or
double payments. Such claim shall be in writing and shall state the specific
grounds upon which it is based. The claim shall be audited. If the City approves
the claim, the excess amount paid may be credited against other amounts due
from the licensee or refunded.
(was 4-511)
Secs. 4-175 – 4-179 Reserved.
ARTICLE VII. - WHOLESALERS
DIVISION 1. – GENERALLY
Sec. 4-180. - License required.
(a) Any wholesale dealer in alcoholic beverages who is licensed by the State of
Georgia and who has a place of business in the city shall procure a license under
the same distance requirements and required hours and days of operation
applicable to retail package licensees. The licens e fee for a resident wholesale
dealer's license shall be set by the City Council and approved by resolution.
(b) Any wholesale dealer in alcoholic beverages who is licensed by the State of
Georgia, who does not have a place of business in the city but who does business
in the city, shall be registered in the city and subject to excise tax due from
wholesale dealers pursuant to article VIII. Such registration shall be renewed
annually with:
1) Submittal of annual renewal affidavit;
2) The presentation of satisfactory evidence that he understands the alcoholic
beverage rules and regulations of the city and the conditions under which retail
licenses are issued; and
3) A registration fee of $100.00 as authorized by O.C.G.A. § 3 -5-43.
(was 4-400)
Sec. 4-181. - Special provisions applicable to wholesale license.
(a) Except as may be authorized under state law, no person who has any direct
financial interest in any license for retail sale of any alcoholic beverages in the City
shall be allowed to have any interest or ownership in any wholesale alcoholic
beverage license issued by the City.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 95 of 95
(b) No retailer shall purchase any alcoholic beverage from any person other than a
wholesaler licensed under this Chapter. No wholesaler shall sell any alcoholic
beverage to any person other than a retailer licensed under this Chapter; provided,
however, that this Section shall not prohibit the purchase by one (1) retailer of
another retailer's entire stock in a bona fide purchase of an ongoing business.
(c) No alcoholic beverage shall be delivered to any retail sales outlet in the City except
by a duly licensed wholesaler. The name of the wholesale distributor shall be
clearly marked on the delivery vehicle.
(Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017)
Sec. 4-182. - Audits.
If the City Manager deems it necessary to conduct an audit of the wholesaler
licensee's records and books, he or she shall notify the licensee of the date, time and
place of the audit.
(Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017
Secs. 4-183 – 4-199 Reserved.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 27, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A,
Section 4-52 Related to Chapter 4, Alcoholic Beverages of
the Code of the City of Milton, Georgia
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 61D071AF-3539-446D-8175-BC7CE41A892E
June 1, 2020
X
X
X
X
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on May 26, 2020 for Unfinished Business on the June 1,
2020 Regular City Council Meeting
Agenda Item: Consideration of An Ordinance to Amend Appendix A, Section 4-
52 Related to Chapter 4, Alcoholic Beverages of the Code of the
City of Milton, Georgia.
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: In relationship to the proposed Chapter 4 – Alcoholic Beverages
rewrite, the corresponding fees in Appendix A have been updated or adjusted. The
major edits include:
• Charges for Sunday Sales
• Adjusting the fee for for-profit Special Event Permits
• Applying a fee for temporary licenses
• Applying a fee for breweries, micro-breweries, distilleries, and micro-
distilleries
• Removing brown bagging
• Editing ordinance references
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Deborah Dance, Jarrard & Davis – May 26, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Amended Appendix A
DocuSign Envelope ID: 2937815F-8993-4EBA-A8A5-6DAB4769B068
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 1 of 7
AN ORDINANCE TO AMEND APPENDIX A, SECTION 4-52 RELATED TO CHAPTER
4 – ALCOHOLIC BEVERAGES, OF THE CODE OF THE CITY OF MILTON, GEORGIA
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on June 1, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Appendix A, Section 4-52 Related to
Chapter 4 - Alcoholic Beverages, of the Code of the City of Milton, Georgia is
hereby adopted and approved; and is attached hereto as if fully set forth
herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1st day of June, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 2 of 7
Appendix A - FEES AND OTHER CHARGES[1]
FEES AND OTHER CHARGES
Chapter 4—Alcoholic Beverages
4-30(h) License fees Retail package
Wine $400.00/year
Beers (including growlers) $400.00/year
Wine and beers $800.00/year
Distilled spirits $3,000.00/year
Wine, beers and distilled
spirits $3,800.00/year
Consumption on Premises
Wine $650.00/year
Beers $650.00/year
Wine and beers $1,300.00/year
Distilled spirits $3,200.00/year
Wine, beers and distilled
spirits $4,500.00/year
Additional bar $1,000.00/year
Brown bagging $100.00/year
4-30(h)
Prorated license
fees - based on
the number of
months remaining
in the calendar
year (a partial
month equals a
whole month).
Retail package
Wine $33.33/month
Beers (including growlers) $33.33/month
Wine and beers $66.66/month
Distilled spirits $250.00/month
Wine, beers and distilled
spirits $316.66/month
Consumption on Premises
Wine $54.16/month
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 3 of 7
Beers $54.16/month
Wine and beers $108.32/month
Distilled spirits $266.66/month
Wine, beers and distilled
spirits $375.00/month
Additional bar $83.33/month
Brown bagging $8.33/month
4-34 Processing fee -
administrative $100.00/year
4-52(e) Transfer license
fee $100
4-64(b)1 Penalty for sale to
underage persons For the first offense A minimum fine of $500.00
4-64(b)2 Penalty for sale to
underage persons
For the second offense in
24-month period A minimum fine of $750.00
4-64(b)3 Penalty for sale to
underage persons
For the third offense in 24-
month period A minimum fine of $1,000.00
4-64(e) Criminal penalties
In addition to available
actions, violators of
chapter could be
charged criminal
penalties
Not to exceed $1,000.00
4-70(c)1
Sunday Sales
License
Retail Package
$250/year
4-70(c)1
Sunday Sales
License
Consumption on
Premise
$500/year
4-70(c)7
Specialty gift shop
license
(beer/wine)
Flat fee $100.00/year
4-70(c)8
Manufacturer’s
License
Brewery or
Distillery
In addition to license fees
in section 4-70 $500.00/year
4-70(c)8
Manufacturer’s
License Brewpub,
Micro-Brewery or
Micro-Distillery
In addition to license fees
in section 4-70 $250.00/year
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 4 of 7
4-70(c)9
Grand
Opening/Annual
Promotions Permit
No fee
4-
70(c)11a
Special event
pouring permit
alcohol license
For currently licensed
consumption on premises
establishments
$250.00
4-
70(c)11b
Special event
pouring permit
alcohol license
For non-profit civic
organizations $100.00
4-71(c) Temporary license 25% of assessed annual fee
4-78(a)
Ancillary Beer
and/or Wine
Tasting License
$100/year
4-78(b)
“Bring Your Own
Beverage” (BYOB)
License
$100/year
4-78(c) Craft Beer and/or
Wine Market
In addition to license fees
in section 4-70 $250/year
4-78(d) Incidental License $100/year
4-78(e)
Limited Service
Restaurant
License
In addition to license fees
in section 4-70 $250/year
4-78(f) Limited Tap
License $325/year
4-80 Private clubs See section 4-70
4-81 Hotel and hotel
in-room service See section 4-70
4-82 Resident caterer
permit
For currently licensed
consumption on premises
or retail package
establishments
$150.00/year
4-82 Non-resident
caterer permit For authorized event $50.00/event
4-83 Special events
facility license
If facility operator serves
alcoholic beverages See section 4-70
4-84
Public facilities
alcohol permit
event alcohol
license
$50.00/event
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 5 of 7
4-85(c)1 Farm winery -
wholesale $400.00/year
4-85(c)2
Farm winery -
retail packages
sales
$400.00/year
4-85(c)3
Farm winery -
consumption on
premises
$650.00/year
4-108 Wholesaler
license fee
Located within the city
limits
Wine $400.00/year
Beers $400.00/year
Wine and beers $800.00/year
Distilled spirits $3,000.00/year
Wine, beers and distilled
spirits $3,800.00/year
4-108 Wholesaler
license fee
Located outside of the
city limits
Wine $100.00/year
Beers $100.00/year
Wine and beers $100.00/year
Distilled spirits $100.00/year
Wine, beers and distilled
spirits $100.00/year
4-122(c) Pouring permit Investigative fee $60.00/every 2 years
4-122(i) Pouring permit
replacement
If within 30 days of original
application date, then fee is
$7.50. If after 30 days of
original application, new
application and fee must be
submitted (see 4-235).
4-164(a)
Excise tax on
distilled spirits by
the drink
3% of the charge to the
public for the beverage
4-165(b)
Excise tax on all
beer produced
by a brewpub,
brewery, or micro-
brewery
$6.00 per half barrel (15½
gallons) and $12.00 per
barrel (31 gallons), $0.05 per
12 ounces and a
proportionate tax at the
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 6 of 7
same rate on all fractional
parts of 12 ounces
4-165(c)
Excise tax on all
liquor produced
by a distillery or
micro-distillery
$0.22 per liter or [$0.0065]
per ounce, and a
proportionate tax at the
same rate on all fractional
parts of a liter
4-165(d)
Penalty for late
excise tax
payment
15% of the tax otherwise due
4-166(a)
Wholesale excise
tax on distilled
spirits
$0.22 per liter of distilled
spirits, and a proportionate
tax at the same rate on all
fractional parts of a liter
4-166(a) Wholesale excise
tax on wine
$0.22 per liter of wine, and a
proportionate tax at the
same rate on all fractional
parts of a liter
4-166(b) Wholesale excise
tax on beers Container types
When beers are sold in or
from a barrel or bulk
container
$6.00 on each container sold
containing not more than
15½ gallons and a
proportionate tax at the
same rate on all fractional
parts of 12 ounces
When beers are sold in
bottles, cans, or other
containers other than
barrel or bulk containers
$0.05 per 12 ounces and a
proportionate tax at the
same rate on all fractional
parts of 12 ounces
4-171(b)
Interest on
deficiency of
wholesale or retail
excise tax
See section 4-171(b)
4-171(c)
Penalty on
deficiency due to
fraud
25% of the amount required
to be paid
4-172(b) Penalty for failure
to file return
For any deficiency which
is determined to be
made due to fraud, or
intent to evade this
chapter
25% of the amount required
to be paid
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 7 of 7
4-173(b) Penalty for failure
to pay tax
Any party who fails to
pay the tax herein
imposed by the city, or
fails to file any required
tax return to the city,
within the time required
15% of the tax, or amount of
the tax and interest, due the
city
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 26, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution Appointing Members to the City
of Milton Citizens Advisory Committee for the City of Milton
2040 Comprehensive Plan – The Comprehensive Plan Advisory
Committee (CPAC)
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: DA1B8574-F5FF-41A0-86F1-B7BDD90A512D
X
June 1, 2020
X
X
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To: Honorable Mayor and City Council Members
From: Parag Agrawal, Community Development Director
Date: Submitted May 26, 2020 for the June 1, 2020 Regular City Council
Meeting
Agenda Item: Consideration of a Resolution Appointing Members to the City of
Milton Citizens Advisory Committee for the City of Milton 2040
Comprehensive Plan – The Comprehensive Plan Advisory
Committee (CPAC)
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary:
The Georgia Department of Community Affairs (DCA) requires that local governments
conduct and complete a comprehensive plan every five (5) years. The City of Milton,
since its incorporation, has completed two (2) Comprehensive Plans (in 2011 and 2016)
in accordance with the rules of Georgia Department of Community Affairs (DCA), and
has maintained its Qualified Local Government (QLG) status. Milton’s next
Comprehensive Plan is due to the state DCA in the fall of 2021 in order to fulfil this
requirement and continue to maintain QLG.
Per City code, the Mayor and each Councilperson shall nominate his or her designee for
one (1) of seven (7) of the 16 positions on the City of Milton Citizens Advisory Committee
for the City of Milton 2040 Comprehensive Plan – The Comprehensive Plan Advisory
Committee (CPAC). The 16 positions shall consist of the seven members of the City of
Milton Planning Commission (PC), the Chairman of the City of Milton Board of Zoning
Appeals (BZA), and the Chairman of the City of Milton Design Review Board (DRB) and
shall serve on the Citizen Advisory Committee to the City of Milton 2040 Comprehensive
Plan – The Comprehensive Plan Advisory Committee (CPAC) consistent with their terms
on their respective board or commission.
Additionally, pursuant to DCA guidelines, the City Council (as the “governing authority”
for the City) must ‘be aware of and actively involved in’ the comprehensive plan
development process. In order to best provide for DCA approval of the City’s plan,
DocuSign Envelope ID: FC80B7DF-5DCF-48E5-BA91-D2957F0084E3
without overburdening the Councilmembers’ scarce time, the city attorney has
recommended that the City Council appoint two (2) of its members as ex-officio (non-
voting) liaisons to the committee.
The CPAC will serve to help facilitate the development of the Comprehensive Plan by
providing guidance regarding local preferences, and make recommendations
regarding the four components of the Comprehensive Plan, which are 1) General Vision
Statement, 2) List of Community Goals, 3) Community Policies, and 4) Character Area
and Defining Narrative; and reviewing draft materials.
There are nine (9) already ordained members:
1. Ron Gilbert – Chair of PC
2. Zach Middlebrooks, PC
3. Kurt Notle, PC
4. Fred Edwards, PC
5. Marty Lock, PC
6. Jan Jacobus, PC
7. Sumeet Shah, PC
8. Tobb Chernik, Chair of BZA
9. Laura Wysong, Chair of DRB
The seven (7) Council appointees are as follows:
1. Martin Littleton, Mayor (at Large) Joe Lockwood
2. Heather Sparkes (District 1/Post 1) Peyton Jamison
3. Brian Maloney (District 1/Post 2) Carol Cookerly
4. Colt Whittall (District 2/Post 1) Laura Bentley
5. Larry Johnstone (District 2/Post 2) Paul Moore
6. Marc Arrington (District 3/Post 1) Joe Longoria
7. George Yunus (District 3/Post 2) Rick Mohrig
The City Council will also nominate two City Council members as the liaisons of the Citizen
Advisory Committee to the City of Milton 2040 Comprehensive Plan – The Comprehensive
Plan Advisory Committee (CPAC)
Legal Review:
May 26, 2020 (Paul Frickey, Jarrard & Davis)
Concurrent Review:
Steve Krokoff, City Manager
Attachment:
Resolution
DocuSign Envelope ID: FC80B7DF-5DCF-48E5-BA91-D2957F0084E3
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION APPOINTING MEMBERS TO THE
CITY OF MILTON CITIZENS ADVISORY COMMITTEE FOR
THE CITY OF MILTON COMPREHENSIVE PLAN
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
June 1, 2020 at 6:00 p.m. as follows:
SECTION 1. That the Mayor and Each Councilperson shall nominate his or her designee
for one (1) of seven (7) of the sixteen (16) positions on the Committee as follows;
SECTION 2. That Martin Littleton (At Large, Mayor Joe Lockwood) is hereby appointed
to the Milton Citizen’s Advisory Committee for a term commencing June 1, 2020 and
ending on December 31, 2021 and,
SECTION 3. That Heather Sparkes (District 1/Post 1, Peyton Jamison) is hereby appointed
to the Milton Citizen’s Advisory Committee for a term commencing January 1, 2020 and
ending on December 31, 2021 and,
SECTION 4. That Brian Maloney (District 1/Post 2, Carol Cookerly) is hereby appointed
to the Milton Citizen’s Advisory Committee for a term commencing June 1, 2020 and
ending on December 31, 2023 and,
SECTION 5. That Colt Whittall (District 2/Post 1, Laura Bentley) is hereby appointed to
the Milton Citizen’s Advisory Committee for a term commencing June 1, 2020 and ending
on December 31, 2021 and,
SECTION 6. That Larry Johnstone (District 2/Post 2, Paul Moore) is hereby appointed to
the Milton Citizen’s Advisory Committee for a term commencing June 1, 2020 and ending
on December 31, 2023 and,
SECTION 7. That Marc Arrington (District 3/Post 1, Joe Longoria) is hereby appointed to
the Milton Citizen’s Advisory Committee for a term commencing June 1, 2020 and ending
on December 31, 2021 and,
SECTION 8. That George Yunus (District 3/Post 2, Rick Mohrig) is hereby appointed to
the Milton Citizen’s Advisory Committee for a term commencing June 1, 2020 and ending
on December 31, 2023 and,
SECTION 9. That, pursuant to Milton Code section 2-184, the remainder of the 16
positions shall consist of the seven members of the City of Milton Planning Commission,
the Chairman of the City of Milton Board of Zoning Appeals, and the Chairman of the City
of Milton Design Review Board who shall serve on the Milton Citizens Advisory
Committee (also known as the Comprehensive Plan Advisory Committee CPAC)
coterminous with their terms on their respective board or commission.
SECTION 10. That the Mayor and City Council shall choose one of the members of the
Citizen Advisory Committee to be the Chairperson.
SECTION 11. That this Resolution shall become effective upon its adoption.
RESOLVED this the 1st day of June, 2020.
Approved:
__________________________
Joe Lockwood, Mayor
Attest:
_________________________
Sudie AM Gordon, City Clerk
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 28, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution to Enter Into a Cooperation
Agreement Between the City of Milton and Fulton County to
Continue Participation in the Fulton County Community
Development Block Grant Program (CDBG) for the Program
Years 2021, 2022, and 2023
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 8D977A08-2F58-4C6C-BB27-75480B68D53D
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June 1, 2020
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U.S. Department of Housing and Urban Development
CDBG Program Urban County Qualification
COOPERATION AGREEMENT
FOR
Fulton County, Georgia
and
The City of Milton
Program Years
January 1, 2021 – December 31, 2023
AUTHORITY: HUD - NOTICE CPD-19-04
TABLE OF CONTENTS
Section 1: Urban County Qualification Requirements ........................................................ .3
Section 2: CDBG Program ..................................................................................................... 3
Section 3: Duration of Agreement ........................................................................................ 5
Section 4: Federal Grant Restrictions ................................................................................... 5
Section 5: Compliance .......................................................................................................... 6
Section 6: CDBG Eligible Project Approval.............................................................................7
Section 7: Program Income ...................................................................................................7
Section 8: Authorizations ..................................................................................................... 8
Section 9: Agreement Execution ...........................................................................................9
Section 10: City Clerk Certification .......................................................................................10
Section 11: Legal Opinion .................................................................................................... 11
FULTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
COOPERATION AGREEMENT
[AUTHORITY: CPD NOTICE 19-04; MARCH 2019]
Program Year 2021 - 2023
This Cooperation Agreement made this _____ day of __________, 2020, by Fulton County, a political
subdivision of the State of Georgia (hereinafter referred to as the "County") and the City of Milton, a
municipal corporation located in Fulton County (hereinafter referred to as the "City").
Section 1: Urban County Qualification Requirements
The United States Department of Housing and Urban Development (hereinafter referred to as "HUD") has
determined that the County is eligible, as an "Urban County", to receive Entitlement Community
Development Block Grant (CDBG) funds under Title I of the Housing and Community Development Act of
1974, as amended, to address certain needs of predominantly low and moderate income persons with
CDBG funds, and any program income derived from the expenditure of CDBG funds to be made available
during the period beginning with Program Year [hereinafter referred to as PY] 2021 and continuing in
place and in full effect until such time in the future as the City shall elect to exclude itself, in accordance
with HUD instructions and schedules. The County agrees to provide written notice to the City of its rights
of future exclusion from the County CDBG Program for each successive three year qualification period, in
compliance with HUD-required notification dates. HUD permits Urban Counties and their participating
municipalities to execute Cooperation Agreements which are to be automatically renewed at the end of
each three-year qualification period, unless changes in the Agreement are required by HUD that would
necessitate the execution of a new Agreement and/or unless the participating municipality elects to be
excluded from the Agreement at the beginning of each three year cycle. The County and the City agree,
herein, to execute this automatically renewing Cooperation Agreement, with these special stipulations,
and as further described in this Agreement, beginning with PY 2021.
Section 2: CDBG Program
The funds received under this Agreement will be used to improve the quality of housing, public facilities,
certain public service capital needs, and to create and/or retain jobs, predominantly for low and moderate
income persons. These funds will benefit low and moderate income citizens of the County's incorporated
municipalities, if the needs of such persons in these municipalities are included in the Fulton County CDBG
Program.
By executing the CDBG Cooperation Agreement, the City understands that it: 1. May not apply for grants
from appropriations under the State CDBG Program for fiscal years during the period in which it
participates in the urban county's CDBG program; and
2. May receive a formula allocation under the HOME Program only through the urban county. Thus,
even if the urban county does not receive a HOME formula allocation, the participating unit of local
government cannot form a HOME consortium with other local governments. (Note: This does not preclude
the urban county or a unit of government participating with the urban county from applying to the State
for HOME funds; and
3. May receive a formula allocation under the ESG Program only through the urban county. (Note: This
does not preclude the urban county or a unit of government participating with the urban county from
applying to the State for ESG funds.
Participation in this Agreement covers participation in the Community Development Block Grant [CDBG]
program per HUD requirements. The County invites the participation of the incorporated municipalities
located in Fulton County in the Community Development Block Grant Program, upon the respective
municipalities dedicating their population counts in support of the County formula allocation of funds and
the County agrees to carry out the objectives of the Housing and Community Development Act, as
amended, throughout the unincorporated areas of the County and in the City.
The County agrees to allocate to the City each Program Year a CDBG “fair share” dollar amount based on
the City’s percentage of the County’s total population, according to the 2020 or later Census, or any
Bureau of Census population statistics, if approved by HUD. The City may also receive additional CDBG
funds, if awarded by the Fulton County Board of Commissioners. During each Program Year, the City
agrees to make priority decisions and to submit a list of eligible CDBG activities to the County. The CDBG
activities shall be submitted to the County in accordance with the County's schedule for the preparation
of the Consolidated Plan(s), which must be approved by HUD. The list of CDBG activities will be accepted
by the County, as recommended by the City, except for activities, which are ineligible under the federal
program regulations. The County and the City acknowledge that neither party shall obstruct the
implementation of the HUD approved Consolidated Plan(s) during the period covered by this Agreement.
The County and City jointly agree to work cooperatively each program year to establish a schedule of
implementation, which is responsive to the City's needs, while complying with all federal requirements.
The County agrees to submit to the City, for review and comment, any plans, which would affect the City,
which will involve the use of CDBG funds for implementation.
Section 3: Duration of Agreement
This Agreement remains in effect until CDBG funds have been received from HUD and have been
expended by the City and the County. Neither the County nor the City can terminate or withdraw from
the Cooperation Agreement while it remains in effect.
The City pledges its willingness to undertake or assist in the undertaking of eligible CDBG activities funded
by the Fulton County CDBG Program. The City understands that it remains a part of the County CDBG
Program beginning with PY 2021 and shall remain a member until such time, at the end of any HUD-
designated three-year period, as the County provides to the City written notice, in accordance with the
HUD-established instructions and schedule, and the City elects not to participate in a new qualification
period. The failure of either party to adopt an amendment to the Agreement incorporating all changes
necessary to meet the requirements for Cooperation Agreements set forth by HUD for a subsequent three
year Urban County qualification period and to submit the amendment(s) to HUD, as required by HUD, will
void the automatic renewal of such qualification period. The County will notify the City, by HUD
prescribed dates, for the next and all subsequent three year qualification periods, of the City's rights to
remain a party to the Agreement or elect to choose exclusion from the County CDBG Program.
It is hereby agreed to by the parties signed hereto that neither party shall terminate this Cooperation
Agreement after the date first written prior to the end of any three year qualifying period. The City may
choose to exclude itself from the County CDBG Program only at the beginning of each three year qualifying
period, unless the City has exercised its option to exclude itself from the County CDBG Program
established under the terms of the Housing and Community Development Act of 1974, as amended. The
only other options for termination of this Agreement are the cancellation by HUD of its obligation to the
County under the aforementioned Act, or if the County fails to quality as an Urban County, or if the County
does not receive a CDBG grant in any year of the three year period previously identified. It is also agreed
by the parties signed hereto that this Agreement shall remain valid until such time as:
a. HUD requires changes in the Agreement; or
b. The City shall choose to exclude itself from the County CDBG Program; or
c. The County shall no longer qualify to receive CDBG funds.
Section 4: Federal Grant Restrictions
The City understands that it may not apply for grants under the Small Cities or Department of Community
Affairs [DCA] State CDBG Program from appropriations for fiscal years during the period in which it is
participating in the County's CDBG Program. The City understands that it may not participate in a
Consortium except through the County, regardless of whether the County receives a formula allocation.
The County agrees to actively request the City's involvement in the Community Development Block Grant
Program and the County agrees to accept the City's interest in undertaking eligible CDBG activities. The
City and the County agree to cooperate to undertake, or assist in undertaking, community renewal and
lower income housing assistance activities, specifically urban renewal and publicly assisted housing within
the municipal limits of said City.
Section 5: Compliance
The County and the City agree to "cooperate to undertake, or assist in undertaking, community renewal
and lower-income housing assistance activities."
The City acknowledges that it has adopted and is enforcing a policy prohibiting the use of excessive force
by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil
rights demonstrations. The City acknowledges that it has adopted and is enforcing a policy of enforcing
applicable State and local laws against physically barring entrance to or exit from a facility or location,
which is the subject of such non-violent civil rights demonstrations within its jurisdiction.
The County and the City will take all actions necessary to ensure compliance with the County's
certification under Section 104 (b) of Title I of the Civil Rights Act of 1964, the Fair Housing Act, and
affirmatively furthering fair housing. The City and the County also have an obligation to comply with
Section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section
504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, and all other applicable
laws.
The County acknowledges that it is prohibited from funding activities in or in support of any cooperating
city that does not affirmatively further fair housing within its own jurisdiction or that impede the County's
actions to comply with its fair housing certification. If the City undertakes any activities with Community
Development Block Grant funds, the City will take all required actions to comply with the provisions of
Section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including
Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and
Community Development Act of 1974, as amended, and other applicable laws.
The City agrees to affirmatively further fair housing within its jurisdiction and to assist the County in the
implementation of its HUD approved Consolidated Plan covering the County and the City throughout the
effective term of this Agreement.
The City has affirmed that it has adopted and is enforcing: a. A policy prohibiting the use of excessive
force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent
civil rights demonstrations; and;
b. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from
a facility or location which is the subject of such non-violent civil rights demonstrations within
jurisdictions."
The city understands that it may not sell, trade, or otherwise transfer all or any portion of such funds to
another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular
area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal
considerations, but must use such funds for activities eligible under title I of the Act.
Section 6: CDBG Eligible Project Approval
The County will have the responsibility for approving projects as eligible for funding, after their selection
by the Mayor and Council of the City. The County will also have the responsibility for preparing the
Consolidated Plan and for other documents and reports to be submitted to HUD. The City will provide
the necessary documentation, with technical assistance from the County, for projects funded with CDBG
funds. Pursuant to the requirements of 24 CFR 570.501(b), the City agrees that it will enter into a CDBG
Subrecipient Agreement [as do all Subrecipients, as set forth in 24 CFR 570.503] for each of the years
during which the City remains as a participating municipality in the County CDBG Program for the use of
such funds as are approved by the County for the City for each of the respective years.
Section 7: Program Income
If the City generates any program income as a result of the expenditure of CDBG funds, the provisions of
24 CFR 570.504(c), as well as the following specific stipulations, shall apply:
a. The City acknowledges that it must notify the County of any program income generated through the
expenditure of CDBG funds during the calendar month that such program income is generated.
b. The City acknowledges that any such program income must be expended by the City or paid to the
County at the end of the month in which the program income is generated.
c. The City further acknowledges that the County has the responsibility for monitoring and reporting to
the U.S. Department of Housing and Urban Development (HUD) on the generation of any such program
income. The responsibility for appropriate recordkeeping by the City and reporting to the County by the
City on the generation of such program income is hereby acknowledged by the City. The County agrees,
herein, to provide technical assistance to the City in establishing an appropriate and proper recordkeeping
and reporting system, as required by HUD.
d. In the event of close-out or change in status of the City, any program income that is on hand or received
subsequent to the close-out or change in status shall be paid to the County within 30 calendar days
following the official date of the close-out or change in status. The County agrees to notify the City, in
writing, should close-out or change in status of the City occur as a result of changes in CDBG Program
statutes, regulations and/or instructions.
The following standards shall apply to real property (within the control of the City) acquired or improved,
in whole or in part, using CDBG funds. The standards are:
a. The City shall inform the County in writing at least thirty (30) calendar days prior to any modification
or change in the use of the real property from that planned at the time of acquisition or improvements,
including disposition;
b. The City shall reimburse the County in an amount equal to the current fair market value (less any
portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with
CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said
reimbursement shall be provided to the County at the time of sale or transfer of the property referenced,
herein.
c. Any program income generated from the disposition or transfer of property prior to or subsequent to
the close-out, change of status or termination of the Cooperation Agreement between the County and
the City shall be repaid to the County at the time of disposition or transfer of the property.
Section 8: Authorizations
The Mayor of the City of Milton is hereby authorized to execute any and all documents necessary as a
condition for the City's participation under the terms of the aforementioned Housing and Community
Development Act of 1974, as amended.
Section 9: Agreement Execution
IN WITNESS WHEREOF, the parties hereunto have affixed their signatures on the dates specified below:
For City of Milton: For Fulton County:
________________________________________ ________________________________
Joe Lockwood, Mayor Robb L. Pitts, Chairman
City of Milton Fulton County Board of Commissioners
________________________________________ ________________________________
Typed or printed name and title Date of Signature
________________________________________ Attest: ___________________________
Date of Signature County Clerk
________________________________
Attestor Type or printed name and title
________________________________
Attest: ____________________________________ Date of Signature
Signature
[IMPRINT COUNTY SEAL HERE]
__________________________________________
Attestor Typed or printed name and title
__________________________________
Date of Signature
________________________________
Pamela Roshell, PhD
Deputy Chief Operating Officer and
Interim Director of
Community Development Department
________________________________
Date of Signature
City of Milton Resolution Item Number: _________________
City Council Approval Meeting Date: ____________________
Section 10: City Clerk Certification
Name of City: City of Milton
This is to certify that the authority to execute the attached Cooperation Agreement with the Fulton County
Board of Commissioners for participation in the Fulton County Community Development Block Grant
Program, for Urban County qualification beginning with PY 2021, and continuing until such time for future
Urban County qualification periods as the City might choose to exclude itself from the Fulton County
Government Community Development Block Grant Program, was approved and adopted in the regular
meeting of the City Council held on:
This is to further certify that the attached is a true and correct copy of said “Cooperation Agreement,” as
approved at the City Council meeting held on the date written above.
____________________________________
Signature of Milton City Clerk
____________________________________
Print Name of Milton City Clerk
_____________________________________
Date
______________________________________
Attest: Signature
______________________________________
Print Name of Attestor
______________________________________
Date of Signature
Section 11: Legal Opinion
For City of Milton
LEGAL OPINION OF THE CITY ATTORNEY:
I do hereby certify that the terms and provisions of the Fulton County Urban Cooperation Agreement are
fully authorized under State and local law, and the Agreement provides full legal authority for the Urban
County to undertake or assist in undertaking activities for the Community Development Block Grant
Program.
Approved: _____________________ City of Milton Attorney
_____________________________ Name of City Attorney [Typed or Printed]
______________________ Date of Approval
For Fulton County
LEGAL OPINION OF THE COUNTY ATTORNEY:
I do hereby certify that the terms and provisions of the Fulton County Urban Cooperation Agreement are
fully authorized under State and local law, and the Agreement provides full legal authority for the Urban
County to undertake or assist in undertaking activities for the Community Development Block Grant
Program.
Approved: _________________________ Fulton County Attorney
_________________________________ Name of Fulton County Attorney [Typed or Printed]
______________________ Date of Approval
Fulton County
Department of Community Development
137 PEACHTREE STREET, S.W., Suite 300 ♦ Atlanta, Georgia 30303
Office (404) 613--7944 ♦ Web: www.fultonHOUSINGhumanservices.org
GEORGIA RELAY NUMBER: 711
May 12, 2020
The Honorable Mayor Joe Lockwood
Milton City Hall
2006 Heritage Walk
Milton, GA 30004
Re: Cooperation Agreement for Program Years January 1, 2021 – December 31, 2023
Dear Mayor Lockwood:
Every three years, Fulton County, as the lead entity for the Fulton County Urban County CDBG Program,
is required to re-qualify as an Urban County along with each of its municipal partners. As such, the Fulton
County CDBG Program Office is requesting documentation of the City’s intent to participate in the Fulton
County Urban County CDBG Program. If the City elects to participate for the next three years, please
pass a resolution to authorize the chief elected official to execute an agreement that allows for continual
participation in the Fulton County Urban County CDBG Program. If the City elects to not participate,
please send a formal declination that excludes participation in Fulton County’s Urban County CDBG
Program. (Fulton County is required to notify affected participating units of government in writing that
the agreement will automatically be renewed unless the City of Milton notifies the Fulton County CDBG
Program Office in writing by Friday, June 5, 2020).
This letter serves as notification that the City of Milton is not eligible to apply for CDBG grants under the
State CDBG program while it is a part of an Urban County, and in becoming a part of the Urban County,
City of Milton automatically participates in the HOME and ESG programs if the Urban County receives
HOME and ESG funding, respectively. If a jurisdiction decides to exclude itself from Fulton County’s
Urban County, it may compete statewide through the Georgia State Department o f Community Affairs
(DCA) CDBG Program for any future CDBG funding.
We have enjoyed working with the City of Milton over the years and we know that the CDBG funds
invested in the City of Milton has funded numerous public improvements, supported nonprofit agencies,
and provided assistance to low and moderate income families.
Fulton County
Department of Community Development
137 PEACHTREE STREET, S.W., Suite 300 ♦ Atlanta, Georgia 30303
Office (404) 613--7944 ♦ Web: www.fultonHOUSINGhumanservices.org
GEORGIA RELAY NUMBER: 711
Page 2 of 2
City of Milton
Cooperation Agreement Program Years 2021- 2023
To remain a part of the Fulton County Urban County, the City should take the following steps:
Council Action Required
• Obtain a formal majority vote by the City Council at a regularly scheduled or special meeting prior to
June 5, 2020 to rejoin the Fulton County Urban County CDBG Program; and
• Authorize the Mayor to execute and the City Clerk to certify all Cooperation Agreements and any other
necessary documents permitting the City to remain as a member of the Fulton County CDBG Program.
Mayor/Clerk Action Required
• Execute Federal Program Year [PY] 2021-2023 Cooperation Agreement with original signatures on all
5 copies.
• Return all 5 copies of PY2021-2023 Cooperation Agreements and copies of the City’s authorizations
[agenda and minutes] to the Fulton County CDBG Program Office- Attention Kim Benjamin, CDBG
Community Development Manager, by Friday, June 12, 2020.
• If your City chooses to exclude itself from the Fulton County Urban County CDBG Program, you are
required to notify the County in writing that the City wishes to be excluded from participation in Fulton
County’s Urban County program at the expiration of the current agreement by Friday, June 5, 2020.
Should you have any questions regarding the execution of the attached City of Milton Cooperation
Agreement, please contact me at (404) 612-1243 or via email at Pamela.roshell@fultoncountyga.gov
Sincerely,
Pamela Roshell, PhD
Interim Director and
Deputy Chief Operating Officer
cc: Robb L. Pitts, Chairman, Fulton County Board of Commissioners
Richard Dick Anderson, County Manager
Anna Roach, Chief Operating Officer
Patrise Perkins- Hooker, County Attorney
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: May 28, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution of the City of Milton Calling for
the State of Georgia Fiscal Year 2021 Budget to Include
Funding for New NOW/COMP Waiver Recipients
MEETING DATE: Monday, June 1, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
DocuSign Envelope ID: 1EADBB7F-B80B-4024-912A-0D66B702A2B1
X
X
X
June 1, 2020
X
Page 1 of 3
STATE OF GEORGIA RESOLUTION NO.
COUNTY OF FULTON
RESOLUTION OF THE CITY OF MILTON CALLING FOR THE STATE OF
GEORGIA FISCAL YEAR 2021 BUDGET TO INCLUDE FUNDING FOR NEW
NOW/COMP WAIVER RECIPIENTS
WHEREAS, Milton, Georgia is a duly formed political subdivision of the State of
Georgia, with all the powers attendant thereto;
WHEREAS, it is the duty and obligation of the City of Milton to represent the interests
of all its citizens;
WHEREAS, at the age of 18, all individuals are legally mature adults who are
responsible for their own financial needs and many individuals with disabilities in the Special
Needs community are dependent on Medicaid and other government services to live
independently;
WHEREAS, the New Options Waiver (NOW) and the Comprehensive Supports Waiver
Program (COMP) offer home- and community-based services for people with a developmental
and/or intellectual disability which includes cognitive impairments or other closely-related
conditions such as cerebral palsy, epilepsy, autism, or neurological problems; where as these
intellectual and developmental disabilities require a level of care provided in an intermediate
care facility for people who have cognitive impairments;
WHEREAS, the NOW waiver program enables individuals with less intense and urgent
needs than out-of-home residential treatment or extensive waiver services to live independently
in the community;
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Page 2 of 3
WHEREAS, the COMP waiver program is for individuals who need comprehensive and
intensive services to live in the community; individuals eligible for the COMP waiver program
need out of home residential support and supervision or intensive in-home services to remain in
the community;
WHEREAS, the goals for participants in the NOW program include:
1. Increasing the independence and quality of life for people with developmental
disabilities;
2. Supporting families in caring for relatives with developmental disabilities;
3. Increasing the flexibility of service planning and delivery to meet an individual's needs;
4. Avoiding the need for more intensive services.
WHEREAS, eligible individuals include people who are considering nursing
institutional care such as Intermediate Care Facilities for people with cognitive impairments
(ICF-MR) may be eligible for home- and community-based services as an alternative through
Georgia's Medicaid waiver programs; in order to qualify for the waiver programs, the individual
must first meet the criteria for Medicaid payment in an institution and certain other criteria;
WHEREAS, annually there are more people with intellectual and/or developmental
disabilities that remain on a state planning list (also referred to as the waiting list) who qualify
and need resources from the NOW/COMP Waiver programs; annually budgeted allocations for
"new" waivers are limited and the state planning list continues to carryover year over year; and
WHEREAS, for the FIRST time since the creation of the Department of Behavioral
Health and Developmental Disabilities (DBHDD), the proposed budget for fiscal year 2021
excludes any new NOW/COMP waivers and therefore the state planning list will either remain
constant or grow in volume from fiscal year 2020;
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NOW THEREFORE, BE IT RESOLVED, that the City of Milton does respectfully
request that Governor Brian Kemp and the Georgia State Legislature reintroduce into the July 1,
2020 - June 30, 2021 budget funding for NOW/COMP waivers at a level greater than the fiscal
year 2020 budget level.
SO RESOLVED, the public health, safety and welfare demanding it, this _______ day
of ______, 2020
Approved:
__________________________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie AM Gordon, City Clerk
DocuSign Envelope ID: 1EADBB7F-B80B-4024-912A-0D66B702A2B1
DocuSign Envelope ID: 1EADBB7F-B80B-4024-912A-0D66B702A2B1