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**Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board;
PC-Planning Commission; MCC-Mayor and City Council
1
PLANNING COMMISSION AGENDA
Tuesday October 28, 2008, 7:00 pm
Agenda Item Description Meeting
Dates**
Staff
Recommendation
PC
Recommendation
I. INVOCATION
II. CALL TO ORDER
III. PLEDGE OF
ALLEGIANCE
IV. PUBLIC
COMMENT
V. Approval of
Minutes
Minutes from the
September 23, 2008
Planning Commission
Meeting
Approval
V!. Use Permits To obtain a use permit for
a landscaping business
on 3.75 acres with a 2,500
sq. ft. office, 2,000 sq. ft.
pole barn, and storage
for mulch at a density of
666.66 sq. ft. per acre
(Article 19.4.27).
Approval Conditional
VII. Text
Amendments
New
A. RZ08-11 Text Amendment to
Article 3 of the City of
Milton Zoning Ordinance
Definitions
Approval Conditional
V!!I. Text
Amendments
Deferred
A. RZ08-09
Text Amendment to
Article 22 of the City of
Milton Zoning Ordinance,
Appeals
Approval Conditional
IV. Courtesy
Review
Chapter 14 of the Code
of Ordinances of the City
of Milton – Land
Development and
Environmental Protection
IV. Adjourn
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 1 of 16
U08-06
PETITION NUMBER(S):
U08-06
PROJECT NAME
Extreme Mulch
PROPERTY INFORMATION
ADDRESS 13365 Arnold Mill Road
DISTRICT, LAND LOT 2/2, 945
OVERLAY DISTRICT Northwest Fulton Overlay
EXISTING ZONING AG-1
PROPOSED ZONING AG-1
ACRES 3.75
EXISTING USE Office building and pole barn
PROPOSED USE Use Permit for Landscaping Business
OWNER Henry J. Yarbrough
ADDRESS 271 Yellow Creek Road
Ball Ground, Georgia 30107
PETITIONER/REPRESENTATIVE Extreme Mulch, Jeremiah Smith
ADDRESS 13365 Arnold Mill Road
Milton, Georgia 30075
PHONE 770-362-2504
INTENT
To obtain a use permit for a landscaping business on 3.75 acres with a 2,500 sq.
ft. office, 2,000 sq. ft. pole barn, and storage for mulch at a density of 1,200 sq. ft.
per acre (Article 19.4.27).
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
U08-06 – APPROVAL CONDITIONAL
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 2 of 16
U08-06
LOCATION MAP/ZONING MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 3 of 16
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SITE PLAN – September 4, 2008
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 4 of 16
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SUBJECT SITE INTERIOR TO THE SITE
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 5 of 16
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SUBJECT SITE LOOKING EAST TOWARD THE SITE
SUBJECT SITE:
The subject site is a 3.75 acre tract of agriculturally zoned land, located on the
northern side of Arnold Mill Road. The subject site is developed with a 2,500 sq.
ft. office and a 2,000 sq. ft. pole barn. It is located within the Agricultural,
Forestry and Mining Land Use designation on the Focus Fulton 2025
Comprehensive Land Use Plan.
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 6 of 16
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Existing uses and zoning of nearby property (See Map following table)
Location Parcel /
Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor
Area
North, East,
South, & West
1 AG-1 (Agricultural)
Scattered Single Family
Residences/Farms
1 unit/acre
North 2 R-2A (Residential)
Z73-99
Single Family Residence
1 unit/acre
Further North 3 AG-1 (Agricultural)
U01-27 Use Permit for Inert
Landfill (Chadwicks)
N/A
Further East 4 AG-1 (Agricultural)
Providence Lakes
Subdivision
1 unit/acre
West 5 C-1 (Community Business)
Gunby Construction
Office
21,175 sq.ft. /
5,293 sq.ft per
acre
Northwest
6 C-1 (Community Business)
(City of Roswell)
7,000 sq.ft. /
290.46 sq.ft. per
acre
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 7 of 16
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EXISTING USES AND ZONING MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 8 of 16
U08-06
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and, offers the following
comments:
A. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
Provided the applicant complies with the Recommended Conditions of
this petition and the Use Permit requirements of Article 19.4.27 of the
Zoning Ordinance, the proposed development is consistent with the intent
and following policies of the Comprehensive Plan:
• Encourage compatible institutional uses in neighborhoods and
communities.
• Encourage development consistent with the surrounding scale,
transition of densities and uses, and Comprehensive Plan policies,
where appropriate.
B. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed;
If developed in accordance with Staff’s Recommended Conditions and
the provisions of the Zoning Ordinance, the proposed landscape business
is expected to be compatible with other land uses in the surrounding
area.
C. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development;
The proposed use does not violate any known local, state and/or federal
statutes, ordinances or regulations governing land development.
D. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets;
The proposed use will not generate a significant increase in traffic.
E. The location and number of off-street parking spaces;
Article 18.2.1 requires the applicant to provide a minimum of 3 parking
spaces per 1,000 square feet of office space. Article 19.4.10 requires the
applicant to locate parking outside of the minimum 60-foot front yard
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 9 of 16
U08-06
building setback. The applicant’s site plan indicates 12 parking spaces
which meets the requirements set out by Article 18.2.1 and is located
outside the 60-foot front yard building setback.
F. The amount and location of open space;
The applicant’s site plan indicates that approximately one-half of the
subject site is undeveloped. Staff is of the opinion that the proposed
development will provide adequate open space for the proposed
development.
G. Protective screening;
If developed in accordance with the requirements of the Zoning
Ordinance and the Northwest Fulton Overlay District, the buffer and
landscape strip requirements and the existing screening around the
structures will provide adequate screening for the proposed
development.
H. Hours and manner of operation;
The applicant states that the hours of operation are from 7:00am to
5:00pm. The applicant notes that the company does not sell mulch to the
general public as it is a delivery and install company only.
I. Streetscape lighting;
At the time of Land Disturbance Permit the site shall be in compliance with
Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor
lighting. Staff notes that the subject site’s required buffers, and existing
screening, will help mitigate the impact of any possible lights on the
adjacent properties.
J. Ingress and egress to the property.
The applicant’s site plan indicates two curb cuts on Arnold Mill Road. Staff
notes that one of these curb cuts will be eliminated and re-aligned to
meet site distance requirements. Given the limited use of the subject site,
Staff is of the opinion that the proposed development will have limited
impact upon the community.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on September 4, 2008, Staff offers the following considerations:
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 10 of 16
U08-06
Northwest Fulton Overlay District
BUILDING SETBACKS
Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum
30-foot building setback from the edge of the required landscape strip and/or
easements for all properties and lots located adjacent to public rights-of-way
and from 0 to 400 feet from an intersection. In Staff’s opinion, it appears that the
applicant has met this requirement. The existing buildings are non-conforming
existing structures. There are no additional new structures proposed on the site.
BUILDING HEIGHT
Article 12H.3.5 Section D.1 of the Northwest Fulton Overlay District requires a
maximum height limit of two stories with the maximum height 30 feet from
average-finished grade to the bottom of the roof eave. It appears that the
applicant meets this requirement.
LANDSCAPE STRIPS AND BUFFERS
Article 12H.3.1 Section A.1 states that all properties shall provide a minimum 10
foot-wide landscape strip along all public streets, and it appears that there is
sufficient room for the applicant has met this requirement. Furthermore, Article
12H.3.1 Section C.1. of the Northwest Fulton Overlay District requires a fifty (50)
foot-wide undisturbed buffer, with a 10’ improvement setback, which shall be
located adjacent to all AG-1 zoning districts and all property zoned, used, or
developed for residential uses. In Staff’s opinion, it appears that the applicant
has met this requirement.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed use:
Proposed Use Minimum Requirement Spaces Provided
• General Office
(2,500 sq. ft.)
Total
• 3 spaces per 1,000 sq. ft. of
building area. (8 spaces)
8 spaces required
• 12 spaces
12 spaces provided
Staff notes that the applicant is providing twelve (12) parking spaces, which
meets the required eight (8) parking spaces required per Article 18 of the City of
Milton Zoning Ordinance. It also appears that the site plan is in compliance with
the landscape and layout requirements of Article 12H(2).4. Section B.6.
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 11 of 16
U08-06
OTHER CONSIDERATIONS
Arborist
Existing operation sells mulch by the truckload. Previous use was paving
company. Areas of buffers are sparsely vegetated. Three specimen trees
located, one of which is in long term decline, most likely due to activities near
the tree over the years. Two other specimens were noted to be in fair to better
health though some structural defects. Specimens noted are out of any area of
disturbance, the drives located near the trees already existed. I would suggest
fertilization/maintenance program on the two specimen trees.
The applicant has stated that he intends to keep all specimen trees on subject
site.
27” White Oak in Decline
47” White Oak
40” White Oak
PUBLIC INVOLVEMENT
On September 24, 2008 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There was one nearby property
owner at the meeting. She was in favor of the proposed landscaping business.
The applicants will be presenting their plan to the Milton Design Review Board on
October 7, 2008.
Public Comments – Staff has received one e-mail from a nearby resident in
Providence Lakes Subdivision which is attached to this report.
City of Milton Design Review Board Meeting – October 7, 2008
The DRB had no comments about this development.
Public Notice Requirements
The Community Zoning Information Meeting was advertised in the Milton Herald
on September 10, 2008 and the sign was installed before the required date of
September 19, 2008 along the frontage of Arnold Mill Road. The notice of
Community Zoning Information Meeting was sent, to adjacent property owners,
on September 10, 2008.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan. The
applicant will be required to submit the public participation report 7 business
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 12 of 16
U08-06
days prior to the Planning Commission meeting and an update 7 business days
prior to the Mayor and City Council meeting.
SPECIMEN TREE LOCATION MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 13 of 16
U08-06
CONCLUSION
The proposed landscape business is consistent with Council and Plan Policies
and compatible with the surrounding area, if developed in accordance with
the requirements of the Zoning Ordinance and Staff’s Recommended
Conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of the
proposed Use Permit for a landscape business.
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 14 of 16
U08-06
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved
USE PERMIT for a landscape business (Article 19.4.27.) CONDITIONAL subject to
the owner’s agreement to the following enumerated conditions. Where these
conditions conflict with the stipulations and offerings contained in the Letter of
Intent, these conditions shall supersede unless specifically stipulated by the
Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Landscape business within the existing house and pole barn at a
density of 1,200 square feet per acre or 4,500 square feet which
ever is less.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Milton Community Development
Department on September 4, 2008. Said site plan is conceptual
only and must meet or exceed the requirements of the Zoning
Ordinance and these conditions prior to the approval of a Land
Disturbance Permit. Unless otherwise noted herein, compliance
with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
3) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) No more than one (1) exit/entrance on Arnold Mill Road (SR 140).
Curb cut location and alignment are subject to the approval of the
Milton Traffic Engineer and the Georgia Department of
Transportation.
b) Reserve Right-of-Way necessary along the following roadways, prior
to the approval of a Land Disturbance Permit, sufficient land as
necessary to provide for compliance with the Transportation Master
Plan and the adjacent developments, according to the definitions
in the newly established Right-of-Way Ordinance.
c) Dedicate at no cost to the City of Milton prior to the approval of a
Land Disturbance Permit or Certificate of Occupancy (whichever
comes first), sufficient land as necessary to provide the following
rights-of-way, and dedicate at no cost to the City of Milton such
additional right-or-way as may be required to:
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 15 of 16
U08-06
(i) Provide at least 10.5 feet of right-of-way from the back
of curb/edge of pavement of all abutting road
improvements, along the entire property frontage, as
well as allow the necessary construction easements
while the rights-of-way are being improved.
d) Driveway entrance shall meet the Public Works Department Policies
and AASHTO guidelines.
e) Provide turn lanes as required by the Georgia Department of
Transportation.
4) To the owner’s agreement to abide by the following:
a) The developer’s Professional Engineer shall demonstrate to the City
by engineering analysis submitted with the LDP application (should
greater than 5000 square feet be disturbed), that the discharge rate
and velocity of the storm water runoff resulting from the
development is restricted to seventy-five percent (75%) of the pre-
development conditions. Locations shall be as approved by the
Stormwater Engineer.
b) The proposed development shall utilize vegetative measures for
water quality. Individual Land Disturbance Permits/Building Permits
are strongly encouraged to utilize GASWCC limited application
controls such as infiltration trenches, porous surfaces, rain gardens,
etc. A maintenance agreement is required to be recorded for such
item used.
Prepared by the Community Development Department for the
Planning Commission Meeting on October 28, 2008
10/23/2008 Page 16 of 16
U08-06
MILTON ZONING ORDINANCE
RZ08-11 – PLANNING COMMISSION – 10/28/08
3-1
ADOPTED BY CITY OF MILTON MAYOR AND CITY COUNCIL ON DECEMBER 21,
2006
AMENDED APRIL 28, 2008
ARTICLE III
DEFINITIONS
3.1. SCOPE
Words not defined herein shall be construed to have the meaning given by Merriam-
Webster’s Collegiate Dictionary, eleventhtenth edition or later edition. (Amended 06/04/03)
3.2. USE AND INTERPRETATION
The following shall apply to the use of all words in this OrdinanceResolution:
a. Words used in the present tense shall include the future tense.
b. Words used in the singular shall include the plural and vice versa.
c. The word shall is mandatory.
d. The word may is permissive.
e. The nouns zone, zoning district and district have the same meaning and refer to the
Zoning Districts established by this ResolutionOrdinance.
f. The phrase used for shall include the phrases arranged for, designed for, intended
for, maintained for and occupied for.
3.3. DEFINITIONS
3.3.1. A
Accessory Site Feature. Mechanical, electrical and ancillary equipment, cooling towers,
mechanical penthouses, heating and air conditioning units and/or pads, exterior ladders, storage
tanks, processing equipment, service yards, storage yards, exterior work areas, loading docks,
maintenance areas, dumpsters, recycling bins, and any other equipment, structure or storage area
located on a roof, ground or building. (Added 06/04/03)
MILTON ZONING ORDINANCE
RZ08-11 – PLANNING COMMISSION – 10/28/08
3-2
Adjoin. To have a common border with. Adjoin may also mean coterminous, contiguous, abutting
and adjacent.
Administrative Minor Variance. A variance to the minimum district yard requirements of not more
than 1 foot, granted administratively by the Director of the Department of Environment and
Community Development. (Added 06/02/99)
Administrative Modification. A change to an approved condition of zoning that constitutes only a
technical change and does not involve significant public interest as determined by the Director of the
Department of Environment and Community Development. (Added 06/02/99)
Administrative Variance. A request for relief from: 1) the standards contained in Article 34,
Development Regulations, 2) a request to reduce the 10 foot improvement setback adjacent to
buffers or 3) a request for 10% reduction of parking spaces as required in Article 18.2.4.(Added
06/02/99)
Adult Bookstore (Added 06/05/96, Amended 06/04/03). An establishment or facility licensed to do
business in Fulton County having a minimum of 25% of its stock in trade, for any form of
consideration, any one or more of the following materials:
(i) books, magazines, periodicals, or other printed matter, or photographs, films, motion
pictures, video cassettes, cds, dvds or other video reproductions, or slides or other
visual representations which are characterized by the depiction or
description of “specified sexual activities” or “specified anatomical areas”, as
defined herein; or
(ii) instruments, devices, novelties, toys or other paraphernalia that are designed for use
in connection with “specified sexual activities” as defined herein or otherwise
emulate, simulate, or represent “specified anatomical areas” as defined herein.
Adult Entertainment. Permitting, performing, or engaging in live acts:
(1) of touching, caressing, or fondling of the breasts, buttocks, and anus, vulva, or
genitals,
(2) of displaying of any portion of the areola of the female breast, or any portion of his
or her pubic hair, cleft of the buttocks, anus, vulva or genitals,
(3) of displaying of pubic hair, anus, vulva, or genitals,
(4) or acts which simulate sexual intercourse (homosexual or heterosexual),
masturbation, sodomy, bestiality, oral copulation, flagellation.
MILTON ZONING ORDINANCE
RZ08-11 – PLANNING COMMISSION – 10/28/08
3-3
None of these definitions shall be construed to permit any act which is in violation of any county or
state law. (Added 7/1/92)
Adult Entertainment Establishment (Added 7/1/92, Amended 06/04/03). Any establishment or
facility licensed to do business in Fulton County where adult entertainment is regularly sponsored,
allowed, encouraged, condoned, presented, sold, or offered to the public. This definition shall not
include traditional or mainstream theater which means a theater, movie theater, concert hall,
museum, educational institution or similar establishment or facility which regularly features live or
other performances or showings which are not distinguished or characterized by an emphasis on the
depiction, display, or description or the featuring of “specified anatomical areas” or “specified
sexual activities” in that the depiction, display, description or featuring is incidental to the primary
purpose of any performance. Performances and showings are regularly featured when they
comprise 90% of all performances or showings.
Alternative Antenna Support Structure. Clock towers, campaniles, free standing steeples, light
structures and other alternative designed support structures that camouflage or conceal antennas as
an architectural or natural feature. (Added 3/5/97, Amended 5/7/97, 7/7/99, 05/17/06)
Amateur Radio Antenna. Radio communication facility that is an accessory structure to a single
family residential dwelling operated for non-commercial purposes by a Federal Communication
Commission licensed amateur radio operator. The term antenna shall include both the electronic
system and any structures it is affixed to for primary support. (Added 07/07/93)
Antenna. Any exterior apparatus designed for telephone, radio, or television communications
through the sending and/or receiving of electromagnetic waves. (Added 3/5/97)
Apartment. A building which contains three or more dwelling units either attached to the side,
above or below another unit. Apartment may also refer to a dwelling unit attached to a non-
residential building. (See Dwelling, Multi-Family) (Amended 07/07/99)
Appeal. A request for relief from a decision made by the Director of the Department of Environment
and Community Development, other department directors, the Board of Zoning Appeals, and/or the
Board of CommissionersCouncil. (Added 06/02/99)
Applicable Wall Area. The wall on which a wall sign is attached including all walls and windows
that have the same street or pedestrian orientation. All open air spaces shall be excluded from the
applicable wall area. (Added 09/01/99)
Attic. An unheated storage area located immediately below the roof.
Authorized Agent. Zoning Department will provide.
MILTON ZONING ORDINANCE
RZ08-11 – PLANNING COMMISSION – 10/28/08
3-4
Automotive Garage. A use primarily for the repair, replacement, modification, adjustment, or
servicing of the power plant or drive-train or major components of automobiles and motorized
vehicles. The repair of heavy trucks, equipment and automobile body work shall not be included in
this use. The outside storage of unlicensed and unregistered vehicle is prohibited as part of this use.
(See Auto Specialty Shop and Service Station) (Added 04/07/93)
Automotive Specialty Shop. A use which provides one or more specialized repair sales and/or
maintenance functions such as the sale, replacement, installation or repair of tires, mufflers,
batteries, brakes and master cylinders, shock absorbers, instruments (such as speedometers and
tachometers), radios and sound systems or upholstery for passenger cars, vans, and light trucks only.
No use authorized herein shall permit any private or commercial activity which involves auto/truck
leasing, painting, repair or alteration of the auto body, nor shall any repair, replacement,
modification, adjustment, or servicing of the power plant or drive-train or cooling system be
permitted, except that minor tune-up involving the changing of spark plugs, points or condenser,
including engine block oil changes, are permitted. (See Repair 3.3.18 and Service Station 3.3.19)
(Added 04/07/93) (Amended 02/07/01)
3.3.2. B
Babysitting. A service in which shelter, care, and supervision are provided for 4 or fewer children
below the age of 12 on an irregular basis.
Banner. Any sign of lightweight fabric or similar material that is either with frame or without frame
and hung or mounted to a pole, building or other background by one or more edges. Flags are not
considered banners. (Added 09/01/99)
Basement. A level below a floor of a building with a minimum of one-half (1/2) of the total wall
area below grade. A basement is not a story. The term basement is synonymous with cellar.
Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more
points not on the same lot as the light source; also any light with one or more beams that rotate or
move. (Added 09/01/99)
Bed and Breakfast Inn. A residence in which the frequency and volume of visitors are incidental to
the primary use as a private residence and where guest rooms are made available for visitors for
fewer than 30 consecutive days. Breakfast is the only meal served and is included in the charge for
the room. Use allowed in non-residential districts and permitted in AG-1 and TR with a Use Permit.
(Added 06/01/94)
Berm. A planted earthen mound.
MILTON ZONING ORDINANCE
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3-5
Billboard. A sign which advertises services, merchandise, entertainment or information which is not
available at the property on which the sign is located.
Board. Fulton County Board of Commissioners. (Added 09/01/04)
Boarding House. A residential use other than a hotel or motel in which lodging may be provided to
non-household members and which includes the provision of meals. (Amended 5/6/92)
Brewpub. An accessory use to a permitted restaurant where distilled spirits, malt beverages or wines
are licensed to sell and where beer or malt beverages are manufactured or brewed for consumption
on the premise and solely in draft form (Added 2/7/96).
Buffer, State Waters. An area along the course of any State waters to be maintained in an
undisturbed and natural condition.(Added 12/1/99)
Buffer, Tributary. A protection area adjoining the tributaries of the Chattahoochee River. Tributary
buffer specifications are contained in Part D of each prospective land use section of the Tree
Ordinance. (Amended 12/1/99)
Buffer, Zoning. 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 lots
and/or uses. A buffer is achieved with natural vegetation and must be replanted subject to the
approval of the Director of the Department of Environment and Community Development or his/her
designated agent(s) when sparsely vegetated. Clearing of undergrowth from a buffer is prohibited
except when accomplished under the supervision of the Director of the Department of Environment
and Community Development or his/her designated agent(s). (Added 12/1/99)
Buildable area. The portion of a parcel of land where a building may be located and which shall
contain enough square footage to meet the minimum required by the zoning district. That portion
which is not located in the minimum setbacks, utility corridors, driveways, slopes to build streets,
tree save areas, landscape strips, specimen tree areas, state water buffers, tributary buffers, zoning
buffers, wetlands, storm water and sanitary sewer easements.(Amended 12/1/99)
Building. Any structure with a roof, designed or built for the support, enclosure, shelter, or
protection of persons, animals, chattels, or property of any kind.
Building Line. A building line is one which is no closer to a property line than the minimum yard
(setback) requirements.
MILTON ZONING ORDINANCE
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Business. A use involving retailing, wholesaling, warehousing, outside storage, manufacturing or
the delivery of services regardless of whether payment is involved. The term Business does not
include uses which are customarily incidental (accessory) to another use.
3.3.3. C
Canopy. A roof-like cover, excluding carports, that either projects from the wall of a building or is
freestanding.
Car Wash, Principal. A primary or main use which provides space for cleaning vehicles. (Added
7/5/89)
Car Wash, Accessory. A customarily incidental use of an attached or detached bay for cleaning
vehicles. (Added 7/5/89)
Cellar. See basement.
Cemetery, Human. The use of property as a burial place for human remains. Such a property may
contain a mausoleum.
Cemetery, Pet. The use of property as a burial place for the remains of pets. Such a property may
contain a mausoleum.
Check cashing establishment. Any establishment licensed by the State of Georgia
pursuant to O.C.G.A. sections 7-1-700 et seq. (Added 10/02/02)
Church, Temple or Place of Worship. A facility in which persons regularly assemble for religious
ceremonies. This shall include, on the same lot, accessory structures and uses such as minister's and
caretaker's residences, and others uses identified under the provisions for Administrative and Use
Permits.
City. The City of Milton.
Clear Cutting. The removal of all vegetation from a property, whether by cutting or other means,
excluding stream buffer requirements.(Added 12/01/99)
Clinic. A use where medical examination and treatment is administered to persons on an outpatient
basis. No patient shall be lodged on an overnight basis.
Club. A non-profit social, educational or recreational use normally involving community centers,
public swimming pools and/or courts, civic clubhouses, lodge halls, fraternal organizations, country
clubs and similar facilities.
MILTON ZONING ORDINANCE
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Club, Neighborhood. Any club operated for recreation and social purposes solely by the residents of
a specific neighborhood or community.
Commercial Amusement /Indoor. A use where recreational activity such as movie theaters, arcades,
billiards, game rooms, sporting activities and other recreational amusements are conducted within a
building.(Added 7/7/99)
Commercial Amusement/Outdoor. A use where recreational activity such as skating rinks, batting
cages, miniature golf, drive-in theaters and other recreational activities or amusements that are
conducted outside a building.(Added 7/7/99)
Composting. A processing operation for the treatment of vegetative matter into humus-like material
that can be recycled as a soil fertilizer amendment such as trees, leaves and plant material. Organic
animal waste, food, municipal sludge, solid waste, and other non-farm or vegetative type wastes are
not included. (Added 11/03/93)
Condominium. A form of ownership as defined by State law in which common elements are jointly
owned. A condominium is not a building type.
Conservation Subdivision. A single family detached residential subdivision in which a minimum
of 40 percent of the total land area is set aside as permanently protected open space as defined by
Article VI of the Fulton County Subdivision Regulations. (Added 05/05/04)
Construction material. Building materials and rubble resulting from construction, remodeling,
repair, and/or demolition operations on pavements, houses, commercial buildings and other
structures. Such materials include, but are not limited to, asbestos containing waste, wood, bricks,
metal, concrete, wall board, paper, cardboard, inert waste landfill material, and other nonputrescible
wastes which have a low potential for groundwater contamination. (Added 12/01/99)
Convalescent Center/Nursing Home/Hospice. A state licensed use in which domiciliary care is
provided to convalescing, chronically or terminally ill persons who are provided with food, shelter
and care and not meeting the test of family. This use shall not include hospitals, clinics, or similar
institutions devoted primarily to the diagnosis and treatment of the sick or injured. (Amended
7/7/99)
Convenience Store. A use offering a limited variety of groceries household goods, and personal
care items, always in association with the dispensing of motor fuels as an accessory use, but in all
cases excluding vehicle service, maintenance and repair.
Convenient location and time. Suitable time and easily accessible place for applicants to meet with
interested parties to discuss rezoning and/or use permit petitions. (Added 09/01/04)
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Council. The City of Milton Mayor and City Council.
Country Inn. A facility, with the owner or innkeepers residing on the premises, where guest rooms
are made available for visitors for fewer than 30 consecutive days. A Country Inn is distinguished
from a Bed and Breakfast category in that it serves both breakfast and lunch or dinner.(Amended
7/7/99)
Courtyard. An open air area, other than a yard, that is bounded by the walls of a building.
Courtyards are used primarily for supplying pedestrian access, light, and air to the abutting
building(s). Site furniture, lighting and landscaping are appropriate for courtyards. Vehicular access
allowed for unloading and loading only. No vehicular parking or vehicular storage is allowed.
(Added 03/03/04)
Crematorium. A facility for the reduction of remains to ashes by incineration.
Cul-de-sac. A street having only one connection to another street, and is terminated by a vehicular
turn-around.
Curb cut. A connection between a roadway and a property for vehicular access. Curb cut applies to
access regardless of the existence of curbing.
Cutoff. A luminaire light distribution where the emission does not exceed 2.5 percent of the lamp
lumens at an angle of 90 degrees above nadir and does not exceed 10 percent at a vertical angle of
80 degrees above nadir. (Added 05/05/04)
Cutoff Fixture. A luminaire light distribution where the candela per 1000 lamp lumens does not
numerically exceed 25 (2.5 percent) at or above a vertical angle of 90 degrees above nadir, and 100
(10 percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral angles
around the luminaire. (Added 02/01/06)
3.3.4. D
Day Care Facility. A use in which shelter, care, and supervision for (7) or more persons on a regular
basis away from their residence for less than 24 hours a day. A Day Care Facility may provide basic
educational instruction. The term shall include nursery school, kindergarten, early learning center,
play school, pre-school, and Group Day Care Home.
Day Care Home, Family. See Family Day Care Home.
Day-Night Average Sound Level (DNL). The day-night average sound level (DNL) is the 24-hour
average sound level, in decibels, obtained from the accumulation of all events with the addition of
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10 decibels to sound levels in the night from 10 P.M. to 7 A.M. The weighing of nighttime events
accounts for the usual increased interfering effects of noise during the night, when ambient levels are
lower and people are trying to sleep. DNL is a weighted average measured in decibels (db). (Added
04/03/02)
Deck. A structure abutting a dwelling with no roof or walls except for visual partitions and railings
not to exceed 42” above finished floor which is constructed on piers or a foundation above-grade for
use as an outdoor living area. (Added 03/03/04)
Department. Department of Environment and Community Development. (Added 09/01/04)
Department Director. The Community Development Director.
Development, Duplex. A development of duplexes. (Added 06/04/03)
Development, Multifamily. A development of multifamily dwelling units on a single lot of record.
(Amended 06/04/03)
Development of Regional Impact (DRI) Study. A review by the Atlanta Regional Commission and
the Georgia Regional Transportation Authority of large scale projects that are of sufficient size that
they are likely to create impacts beyond the jurisdiction in which each project will be located.
(Added 09/01/04)
Development Permit Standards. Requirements established for each administrative and use permit
such as setbacks, access, landscape and buffer areas, hours of operation etc. (Added 06/02/99)
Development, Single Family. A development of single family dwelling units, with each dwelling
unit including accessory structures, on a separate lot of record. (Amended 06/04/03)
Development Standards. Dimensional measurements as specified in zoning districts relating to such
standards as yard setbacks, lot area, lot frontage, lot width, height and floor area.(Added 06/02/99)
Development, Townhouse. A development of townhouse dwelling units. (Added 06/04/03)
Director. Director of the Department of Environment and Community Development. (Added
09/01/04)
Distribution Line - a pipeline other than a gathering or transmission line.(Added 08/04/99)
District, Nonresidential. A term used to identify all districts except single-family dwelling districts,
all apartment districts, R-6, TR, MHP and residential portions of a CUP -- Includes
AG-1.
Formatted: No underline
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District, Residential. A term which applies to all single-family dwelling districts, all apartment
districts, R-6, TR, MHP and residential portions of a CUP -- Excludes AG-1.
Drainage Facility. A facility which provides for the collection, removal and detention of surface
water or groundwater from land by drains, water course or other means.
Drive-in/up Restaurant. A restaurant designed for customers to park and place and receive food
orders while remaining in their motor vehicles. (Added 09/01/04)
Driveway. A vehicular access way.
Dwelling. Any building or portion thereof which is designed for or used for residential purposes for
periods of more than 30 consecutive days.
Dwelling, Duplex. A structure that contains two dwelling units. (Added 06/04/03)
Dwelling, Multifamily. A structure containing three or more dwelling units not including
townhouses, triplexes or quadruplexes. (Amended 06/04/03, 04/05/06)
Dwelling, Quadruplex. Four attached dwellings in one building in which each unit shares
one or two walls with an adjoining unit or units. (Added 04/05/06)
Dwelling, Triplex. A building containing three dwelling units, each of which has direct
access to the outside or to a common hall. (Added 04/05/06)
Dwelling Unit. One or more rooms constructed with cooking, sleeping and sanitary facilities
designed for and limited to use as living quarters for one family. (Amended 06/04/03)
Dwelling Unit, Single Family. One dwelling unit that is not attached to any other dwelling unit by
any means. (Added 06/04/03)
Dwelling Unit, Townhouse. A dwelling unit in a row of at least three such units in which each unit
has its own front and rear access to the outside, no unit is located over another unit, and each unit is
separated from any other unit by one or more vertical common walls. (Added 06/04/03)
3.3.5. E
Environmentally Adverse. Any use or activity which poses a potential or immediate threat to the
environment and/or is physically harmful or destructive to living beings as described in the
Executive Order 12898 regarding Environmental Justice.(Added 02/07/01)
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Environmentally Stressed Community. A community exposed to a minimum of two
environmentally adverse conditions resulting from public and private municipal (e.g., solid waste
and wastewater treatment facilities, utilities, airports, and railroads) and industrial (e.g., landfills,
quarries and manufacturing facilities) uses. (Added 09/01/04)
3.3.6. F
Family. Family means one or more persons related by blood, marriage, adoption, guardianship or
other duly authorized custodial relationship, or up to 4 unrelated persons, occupying a dwelling unit
and living as a single housekeeping unit, as distinguished from persons occupying a rooming,
boarding or lodging house, or a hotel. (Amended 7/7/99)
Family Day Care Home. A Home Occupation in which shelter, care, and supervision are provided
for 6 or fewer persons on a regular basis. A Family Day Care Home may provide basic educational
instruction.
Farm. A parcel of land which is used for the raising of animals (including fish) on a commercial
basis, such as ranching, dairy farming, piggeries, poultry farming and fish farming; a facility for the
business of boarding or renting horses to the public; or a site used for the raising or harvesting of
agricultural crops such as wheat, field forage and other plant crops intended for food or fiber.
(Added 7/7/99)
Fast Food Restaurant. See Restaurant, Fast Food.
Flag Lot. A lot where frontage to a public street is provided via a narrow strip of land forming a
pole or stem to the buildable portion of the lot (Added 2/7/96).
Flood Lamp. A form of lighting designed to direct its output in a specific direction with a reflector
formed from the glass envelope of the lamp itself. Such lamps are so designated by the
manufacturers and are typically used in residential outdoor area lighting. (Added 02/01/06)
Flood Light. A form of lighting designed to direct its output in a diffuse, more or less specific
direction, with reflecting or refracting elements located external to the lamp. (Added 02/01/06)
Flood Plain Management Terms. The following definitions apply to Sections of the Zoning
ResolutionOrdinance on Flood Plain Management.
1) As-built drawings. Plans which show the actual locations, elevations, and
dimensions of the improvements as certified by a professional engineer or a licensed
surveyor in the State of Georgia.
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2) Base Flood. The flood having a one percent chance of being equaled or exceeded in
any given year - the 100-year flood.
3) Base Flood Elevation (B.F.E.). The highest water surface elevation anticipated at
any given point during the base flood.
4) Development. Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, such as mining, dredging,
filling, grading, paving, excavation or drilling operations.
5) Federal Emergency Management Agency (FEMA). The Federal Agency which
administers the National Flood Insurance Program. This agency prepares, revises
and distributes the maps and studies adopted under Article IV, Section 24.
6) Flood or Flooding. A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland waters or the
unusual and rapid accumulation of runoff of surface waters from any source.
7) Flood Elevation Study. An examination, evaluation, and determination of flood
hazards and, if appropriate, corresponding water surface elevations.
8) Flood Boundary and Floodway Map. An official map of Fulton Countythe City on
which FEMA has delineated the various flood boundaries, the floodway fringe, and
the floodways.
9) Flood Fringe. That area contained by the flood boundaries exclusive of the
regulatory floodway.
10) Flood Insurance Rate Map (FIRM). The official map of Fulton Countythe City on
which FEMA has delineated the risk premium zones.
11) Flood Insurance Study (FIS). A compilation of flood related data obtained from the
flood studies for the unincorporated areas of Fulton Countythe City of Milton,
Georgia, prepared by FEMA.
12) Flood Plain. Lands subject to flooding, which have a one percent probability of
flooding occurrence in any calendar year; the 100-year flood plain is shown on the
Flood Boundary and Floodway Map. Also referred to as area of moderate Flood
Hazard.
13) Flood Prone Area. Areas shown on the Flood Insurance Rate Map as "Zone B" (zone
where the contributing drainage area is less than one square mile) and which are
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determined by the Department of Public Works to be a hazard to adjacent properties
or development in the event of the base flood.
14) Flood Proofing. Any combination of structural and nonstructural additions, changes,
or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
15) Floodway. See Regulatory Floodway.
16) Freeboard. A factor of safety usually expressed in feet above a flood level for
purposes of flood plain management.
17) Functionally Dependent Use. A use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water.
18) I.R.F. Elevation. See "Base Flood Elevation".
19) Lowest Floor. The lowest minimum floor including basement and attached garage.
20) Map. The Flood Boundary and Floodway Map or the Flood Insurance Rate Map.
21) Mean Sea Level. For purposes of Flood Plain Management, the National Geodetic
Vertical Datum (NGVD) of 1929.
22) Mobile Home. See Mobile Home under "M" headings in main text of Definitions.
23) Mobile Home Park/Mobile Home Subdivision. A parcel (or contiguous parcels) of
land divided into two or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which the mobile home is to be
affixed (including at a minimum the installation of utilities, either final site grading
or the pouring of concrete pads and construction of streets) was completed on or after
April 5, 1972.
24) NGVD. National Geodetic Vertical Datum.
25) New Structure. Any proposed structure which does (did) not have a valid building
permit prior to the effective date of this (amendment) resolutionOrdinance. Note:
This resolution was adopted on March 11, 1955. Records suggest that flood plain
management provisions were first adopted on April 5, 1972.
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26) Regulatory Floodway. The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
27) Riverine. Relating to, formed by, or resembling a river (including tributaries),
stream, or brook.
28) Special Flood Hazard Area. Those lands subject to periodic flooding and shown on
the "Flood Insurance Rate Map" as a numbered or unnumbered "A" zone.
29) Start of Construction. The first placement of permanent construction of a structure,
excluding a mobile home, on a site, such as the pouring of slabs or footing or any
work beyond excavation. Permanent construction does not include land preparation,
such as clearing, grading, and filling; nor does it include the installation of streets
and/or walkways. Excavation for a basement, footings, piers or foundations, and the
erection of temporary forms are not permanent forms of construction. The
installation of accessory buildings, such as garages and sheds, apart from the main
structure also fail to qualify as permanent construction.
30) Start of Construction. For any structure, except mobile home, which has no
basement or poured footings, the "start of construction" includes the first permanent
framing or assembly of the structure or any part thereof on its park or mobile home
subdivision. For a mobile home, "start" means the date on which the mobile home
is to be affixed (including, at a minimum, the construction of streets, either final site
grading or the pouring of pads, and installation of utilities) is completed.
31) State Coordinating Agency. The Flood Plain Management Coordinator of the
Georgia Department of Natural Resources.
32) Structure. All walled and roofed buildings, storage tanks and other structural
improvements located principally above ground.
33) Water Surface Elevation. The relationship between the projected heights and the
NGVD reached by floods of various magnitudes and frequencies in the flood plains.
Floor Area, Gross. The sum of all floors of a structure as measured to the outside surfaces of
exterior walls or the center of connected or common walls, including common public areas, such as
lobbies, rest rooms and hallways, spaces devoted exclusively to permanent mechanical systems,
permanent storage areas, stairwells, elevator shafts, but excluding internal parking and loading
areas, attics, porches, balconies and other areas outside of the exterior walls of the building. Gross
floor area is used to determine the building sizes for all but single-family dwellings and to determine
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required parking when floor area is the designated measure for a use. Commonly referred to as Floor
Area. (Amended 7/5/89)
Floor Area, Ground. The heated floor area of the first story of a building above a basement or, if no
basement, the lowest story.
Floor Area, Heated. The sum of all heated area of a dwelling or dwelling unit, as appropriate,
measured to the inside surfaces of exterior walls, excluding porches, balconies, attics, basements
(finished or unfinished), garages, patios and decks.
Floor Area, Net. The sum of all floors of a structure as measured to the outside surfaces of exterior
walls, excluding halls, stairways, elevator shafts, attached and detached garages, porches, balconies,
attics with less than 7 feet of headroom, basements, patios and decks are excluded.
Floor Area, Net Leasable. Gross floor area less the common public areas.
Foot-candle. A unit of measure for illuminance on a surface that is everywhere one foot from a
point source of light of one candle, and equal to one lumen per square foot of area. (Added
02/01/06)
Fuel Oil - a liquid petroleum product that is burned in a furnace for the generation of heat or used in
an engine for the generation of power. The oil may be a distilled fraction of petroleum, a residuum
from refinery operations, a crude petroleum, or a blend of two or more of these.(Added 08/04/99)
Full Cutoff. A luminaire light distribution where zero candela intensity occurs at or above an angle
of 90 degrees above nadir. Additionally, the candela per 1000 lamp lumens does not numerically
exceed 100 (10 percent) at or above a vertical angle of 80 degrees above nadir. This applies to all
lateral angles around the luminaire. (Added 02/01/06)
Full Cutoff Fixture. An outdoor light fixture shielded or constructed in such a manner that it emits
no light above the horizontal plane of the fixture. (Added 02/01/06)
3.3.7. G
Garden Center. A business whose primary operation is the sale of seeds and organic and inorganic
materials, which include but are not limited to trees, shrubs, flowers, and other plants for sale or
transplanting, mulch, pine straw, and other organic products for landscaping purposes, and other
limited retail accessory products for gardening and/or landscaping with an approved Use Permit for
Landscaping Business, Plant Nursery, or Garden Center with Indoor Retail Component (Article
19.4.27). (Added 04/03/02)
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Gathering Line - a pipeline that transports fuel oil/liquid petroleum product from a current
production facility to a transmission line or main.(Added 08/04/99)
Glare. The sensation produced within the visual field by luminance that is sufficiently greater than
the luminance to which the eyes are adapted, causing annoyance, discomfort, or loss in visual
performance and visibility. (Added 02/04/04, Revised 02/01/06)
Golf Course. A use of land for playing the game of golf. The term shall not include miniature golf,
but may include a Country Club and a driving range as an accessory use.
Governmental Facility. A building or institution provided by the government to care for a specified
need, such as a courthouse or county jail. (Added 7/1/92)
Grade. The average elevation of the finished surface of the ground adjacent to all sides of any
structure.
Green space. Green space means permanently protected land and water, including agricultural and
forestry land, that is in its undeveloped, natural state or that has been developed only to the extent
consistent with, or is restored to be consistent with, one or more of the following goals:
(1) Water quality protection for rivers, streams, and lakes;
(2) Flood protection;
(3) Wetlands protection;
(4) Reduction of erosion through protection of steep slopes, areas with erodible soils,
and stream banks;
(5) Protection of riparian buffers and other areas that serve as natural habitat and
corridors for native plant and animal species;
(6) Scenic protection;
(7) Protection of archaeological and historic resources;
(8) Provision of recreation in the form of boating, hiking, camping, fishing, hunting,
running, jogging, biking, walking, and similar outdoor activities; and
(9) Connection of existing or planned areas contributing to the goals set out in this
paragraph. (Added 04/03/02)
Group Residence for Children: A dwelling unit or facility in which full time residential care is
provided for children under the age of 17 as a single housekeeping unit. A group residence must
comply with applicable federal, state and local licensing requirements. A group residence may not
serve the purpose of, or as an alternative to, incarceration. (Added 11/03/04)
Group Residence/Shelter. A state licensed 24-hour residential facility functioning as a single
housekeeping unit for the sheltered care of persons with special needs which, in addition to
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providing food and shelter, may also provide some combination of personal care, social or
counseling services and transportation. Bedroom suites shall not include kitchen facilities. For
purposes of this ResolutionOrdinance, group residence/shelter shall not include those facilities
which exclusively care for children under the age of 17. (Amended 7/7/99, 11/03/04)
Guest House. A detached accessory dwelling unit located on the same lot with a single-family
dwelling unit. A guest house may be only used by relatives, guest or employees that work on the
property without payment for rent (Amended 2/7/96).
3.3.8. H
Hardship. The existence of extraordinary and exceptional conditions pertaining to the size, shape, or
topography of a particular property, because of which the property cannot be developed in strict
conformity with the provisions of the Zoning ResolutionOrdinance. (Added 06/02/99)
Height. The vertical distance measured from the finished grade along all walls of a structure to the
highest point of the coping or parapet of a flat roof or to the average height between eaves and ridge
for gable, hip and gambrel roofs.
Height, Sign. The elevation measured from grade level adjoining a sign to the highest point on the
sign; except that when measuring a free-standing sign, any part of which is located below the
centerline of an adjoining street, said sign shall be measured from the elevation of the centerline of
the road to the highest point on the sign, (as shown in Illustration XXXIII-1).
Historic period lighting. Commercial lighting with an architectural design from the late 19th and
early 20th centuries. (Added 06/04/03)
Home Occupation. An accessory use of a dwelling unit for business, operated by members of the
resident family only. (See Article Section 4.12) (Amended 12/4/91)
Home Schooling. The practice of teaching one’s own children at home in accordance with Sections
20-2-690 and 20-2-690.1 of the Georgia Code. (Added 03/03/04)
Hoop Stress - a causation of internal and external pressure loading on the pipe.(Added 08/04/99)
Hospital. The provision of in-patient health care for people, including general medical and surgical
services, psychiatric care and specialty medical facilities. Out-patient facilities are normally
included.
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Hotel/Motel. A building in which lodging and/or boarding is provided for fewer than 30 days. The
term may include a restaurant in conjunction therewith and may also mean tourist court, motor lodge
and inn.
Hotel, Apartment. A use which provides individual units which include cooking facilities, and
which are used for temporary lodging to persons not related to the owner for fewer than 30 days.
3.3.9. I
Identification Monument. See Article 33, Signs.
IESNA. The Illuminating Engineering Society of North America, a non-profit professional
organization of lighting specialists that has established recommended design standards for various
lighting applications. (Added 05/05/04, Revised 02/01/06)
Illuminance. The quantity of light arriving at a surface divided by the area of the illuminated
surface, measured in foot-candles. Horizontal illuminance applies to a horizontal surface, vertical
illuminance applies to a vertical surface. Average illuminance is the level of illuminance over an
entire illuminated target area. Maximum illuminance is the highest level of illuminance on any point
within the entire area; minimum illuminance is the lowest level of illuminance on any point within
the entire area. (Added 02/01/06)
Illuminance Levels. Illuminance levels and foot candles noted in this ordinance mean the
maintained illuminance levels; the illuminance levels occurring just prior to lamp replacement and
luminaire cleaning. The average illuminance level applies to an entire illuminated target area.
Minimum and maximum illuminance levels apply to small areas within the entire illuminated target
area. Unless otherwise noted, illuminance levels refer to horizontal illuminance levels. (Added
02/01/06)
Illumination. Direct illumination is illumination which is projected from within a sign, building,
etc.. Indirect illumination is illumination which is projected onto a sign, building, etc..
Improvement Setback. An area adjacent to a zoning buffer in which no improvements and/or
structures shall be constructed. No development activity such as tree removal, stump removal or
grinding, land disturbance or grading is permitted without the approval of the Director of the
Environment and C Community Development Department.(Added 12/1/99)
Institutional Use. Includes schools, colleges, vocational schools, hospitals, places of worship,
asylums, museums, and other similar uses or facilities. (Added 7/1/92)
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3.3.10. J
Junk Facility. See Salvage/Storage/Junk Facility.
3.3.11. K
Kennel. A use for the shelter of domestic animals where the shelter of these animals involves an
exchange of revenue in which a business license is required. If the kennel is a non-business
operation, its use may be certified by the Fulton County Animal Control Office. (Amended
04/06/94)
3.3.12. L
Lamp. The component of an outdoor luminaire that produces light. (Added 05/05/04)
Land Disturbance Permit. A permit issued by the Department of Environment and Community
Development that authorizes the commencement of alteration or development of a given tract of land
or the commencement of any land disturbing activity.(Amended 12/1/99).
Land Disturbing Activity. Any alteration of land which may result in soil erosion from water or
wind and the movement of sediment into water or onto lands, including, but not limited to, clearing,
dredging, grading, excavating, transporting and filling.
Landfill, Inert Waste Disposal. A disposal facility accepting only waste that will not or is not likely
to cause production of leachate of environmental concern by placing an earth cover thereon. Such
waste is limited to earth and earth-like products, concrete, cured asphalt, rocks, bricks, yard trash,
stumps, limbs and leaves. This definition excludes other types of industrial and demolition waste
not specifically listed above. Refer to the rules concerning Solid Waste Management of the Georgia
Department of Natural Resources, Environmental Protection Division, as amended, for further
definition.(Amended 7/7/99)
Landfill, Solid Waste Disposal. A disposal facility accepting solid waste excluding hazardous waste
disposed of by placing an earth cover thereon. Solid waste includes waste from domestic,
agricultural, commercial and industrial sources. Refer to the rules concerning Solid Waste
Management of the Georgia Department of Natural Resources, Environmental Protection Division,
as amended, for further definition.(Amended 7/7/99)
Landscape Strip. An area required by this resolutionOrdinance or by conditions of zoning which is
reserved for the installation and/or maintenance of plant materials. (Amended 12/1/99)
Landscaping Business. A business whose primary operation is the sale and/or storage of organic and
inorganic materials, plants, mulch, pine straw, and other limited related accessory products for the
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landscape industry or the storage or use of associated landscape vehicles with an approved Use
Permit for Landscaping Business, Plant Nursery, or Garden Center with Indoor Retail Component
(Article 19.4.27). (Added 04/03/02) (Amended 4/28/08)
Large Scale Retail/Service Commercial Structure. An individual retail/service commercial structure
that is 75,000 square feet or greater. This size threshold refers to an individual establishment and its
associated outdoor areas used for display and storage. (Added 04/05/06)
Large Scale Retail/Service Commercial Development. A retail/service commercial development
with at least one large scale retail structure but no more than four such structures whether
freestanding or combined. (Added 04/05/06)
Lawful Use. Any use of lots or structure which is not in violation of any existing federal, state or
local law, statute, regulation or ordinance. (Added 7/1/92)
Library. A place set apart to contain books and other literary material for reading, study, or
reference, for use by members of a society or the general public. (Added 7/1/92)
Light, Direct. Light emitted directly from the lamp, off of the reflector or reflector diffuser, or
through the refractor or diffuser lens, of luminaire. (Added 02/04/04)
Light, Fully-shielded. Outdoor light fixtures shielded or constructed so that no light rays are
emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test
report. (Added 02/04/04)
Light, Indirect. Direct light that has been reflected or has scattered off of other surfaces. (Added
02/04/04)
Loading Space. An area within the main building or on the same lot, which provides for the loading,
or unloading of goods and equipment from delivery vehicles.
Lodge and/or Retreat/Campground. A facility allowed with a Use Permit which provides space,
food and/or lodging facilities for social, educational or recreational purposes. (Amended 3/6/91,
7/7/99)
Lot. The basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous
lots owned by the same entity and used for a single use shall be considered a single lot. Lot, tract
and parcel are synonymous.
Lot, Corner. A Multiple Frontage Lot adjoining two streets at their intersection.
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Lot Frontage. The shortest property line adjoining a street or, for lots requiring no street frontage,
oriented toward a street. A property line adjoining a stub street shall not be considered as frontage
unless it is proposed for access or is the only street frontage. Front yard requirements shall be
measured from this property line. In situations where a multiple frontage lot has equal distance on
street frontages, the Director of Development ServicesCommunity Development shall determine the
legal lot frontage. (Amended 11/03/93)
Lot line, front. A lot line which extends the entire length of an abutting street from intersecting
property line to intersecting property line. The front lot line of a corner lot abuts the street which
adjoins the lot for the shortest distance. (Added 04/03/02)
Lot line, rear. Generally, the rear lot line is the lot line opposite and most distant from the front lot
line. For a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and the
most distant from the front lot line, not less than twenty feet long, and wholly within the lot. True
triangular lots do not have rear lot lines. Lots with more than one front lot line do not have rear lot
lines. The Director of the Department of Environment and Community Development or his/her
designee shall make the final determination of rear lot lines when in dispute or undefined by this
definition. (Added 04/03/02)
Lot line, side. A lot line which is not a rear or front lot line. (Added (04/03/02)
Lot Line/Property Line. A line established through recordation of an approved plat, or a deed in the
absence of a platting requirement, which separates a lot from other lots, or a lot from rights-of-way.
Lot, Multiple Frontage. Lots adjoining more than one street.
Lot, Nonconforming. See "Nonconforming Lot, Use or Structure".
Lot-of-Record. A lot, whether lawful or unlawful, which appears on a deed and/or plat recorded in
the official records of the Clerk of Superior Court.
Lot, Unlawful. Any lot-of-record which, at the time of recordation in the official records of the
Clerk of Superior Court, was not in compliance with zoning and subdivision laws in effect at that
time.
Lot Width, Minimum. The least dimension required along the building line specified for each
district, parallel to the lot frontage and measured between side lot lines.
Luminaire. This is a complete lighting system and includes a lamp or lamps and a fixture. (Added
02/04/04)
Luminaire Height. The height of a luminaire shall be the vertical distance from the ground directly
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below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire.
(Added 02/04/04)
3.3.13. M
Maintenance, Normal. The upkeep of a sign for the purpose of maintaining safety and appearance
which may include painting, bulb replacement, panel replacement, letter replacement, repair of
electrical components, and structural reinforcements to its original condition.(Added 09/01/99)
Marquee. Any permanent roof-like structure projecting beyond a building or extending along and
projecting beyond the wall of the building used for advertising or identification. (Added 09/01/99)
Massing. Varying the massing of a building may be achieved by varying the surface planes of the
building with porches, balconies, bay windows, and/or overhangs, and/or stepping-back the
buildings from the second floor and above, and/or breaking up the roofline with different elements to
create smaller compositions. (Added 10/01/03)
Medical Related Lodging. A use which provides temporary lodging for family members of a
hospitalized patient. (Added 12/4/91)
Mineral Extraction. Severance and/or removal of sand, stone, gravel, top soil, and other mineral
resources whenever such severance and/or removal is not conducted in conjunction with a permitted
development activity. (Added 12/4/91)
Mini-warehouse. A structure or group of structures containing separate spaces/stalls which are
leased or rented on an individual basis for the storage of goods.
Minor Variance. An application requesting deviation from the minimum yard requirements, not to
exceed ten percent of the dimensional requirements.(Added 06/02/99)
Mobile Home. A structure, transportable in one or more sections, which is built on a permanent
chassis and designed to be used with or without a permanent foundation when connected to the
required utilities. For flood plain management purposes, mobile home includes travel trailers and
similar vehicles placed on a site for 180 consecutive days or more. For all other purposes including
insurance purposes under FEMA sponsored programs, mobile home does not include travel trailers
and similar vehicles. A mobile home is not a modular home. (Amended 04/05/06)
Mobile Home Park. Use of property for two or more mobile homes for living purposes, and spaces
or lots set aside and offered for use for mobile homes. Does not include mobile home sales lot.
Model Home. A dwelling unit used for conducting business related to the sale of a development.
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Modification. An application requesting change to an approved condition of zoning or use permit,
except for conditions that pertain to a change in use, increase in density, and/or increase in
height.(Added 06/02/99)
Modular Home. A factory-fabricated, single family dwelling built in one or more sections,
designed for placement on a permanent foundation and not having a permanent chassis. A
modular home is not a mobile home. (Amended 3/6/91, 04/05/06)
Motel. See Hotel/Motel.
Multi-tenant. Two or more businesses that provide goods and/or services within separate structures
located on the same site or within the same structure that provides wall separation and private access
for each business. (Added 06/04/03)
3.3.14. N
NADIR. The point directly below the luminaire defined as 0 degrees vertical angle. (Added
05/05/04)
Nonconforming (Grandfathered) Lot, Use or Structure. A use, lot or structure that was
nonconforming at the time of the adoption of the Fulton County Zoning Resolution on March 11,
1955, or subsequent amendments thereto, or created by deed between March 11, 1955 and
September 21, 1967 (adoption of the Subdivision Regulations) and does not now meet the minimum
requirements of the district in which it is located. Also, a use, lot or structure which has been made
nonconforming by some county or state action. Any change or addition to a use, lot or structure
must comply with current provisions of the Zoning ResolutionOrdinance. (Amended 11/03/04)
Nursing Home. A use in which domiciliary care is provided to 3 or more chronically ill non-family
members who are provided with food, shelter and care. This use shall not include hospitals, clinics
or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
Convalescent Center, nursing home and personal care home are further distinguished in Administra-
tive and Use Permit provisions.
3.3.15. O
Off-Premise. A location outside of the subject lot for a designated use. (Added 09/01/99)
Off-Site/Premise. The location of a structure or use outside the lot-of-record of the subject
development including the adjoining street or other right-of-way. (Added 7/7/99)
On-Premise. The individual lot-of-record on which the use is located. (Added 09/01/99)
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On-Site/Premise. The location of a structure or use within the confines of a property delineated by
property lines or, if referenced in a zoning or use permit case, within the confines of the boundaries
of the legal description filed with the petition. (Added 7/7/99)
Office, Temporary. A mobile, manufactured or other structure which is used as an office for real
estate sales, on-site construction management and related functions. Requires an administrative
permit under Temporary Structures.
Open space. A portion of a site which is permanently set aside for public or private use and will not
be developed. The space may be used for passive or active recreation or may be reserved to protect
or buffer natural areas. Open space may include wooded areas other than required landscape strips
and buffers, pathways/walkways, fields, and sensitive environmental areas such as wetlands, etc.
Detention facilities and platted residential lots shall not be included in open space calculations.
(Added 04/05/06)
Ordinance. The City of Milton Zoning Ordinance.
Outparcel (spin-site). A portion of a larger parcel of land generally designed as a site for a separate
structure and business from the larger tract. An outparcel may or may not be a subdivision of a
larger parcel. To be recognized as an outparcel, the portion must be identified on a Site Plan
approved for the larger parcel. (Added 12/4/91)
3.3.16. P
Parcel. See lot.
Parking Lot. An area which is used for the parking of vehicle.
Parking space. An area designated for the parking of one vehicle on an all weather surface. No
more than two carport or garage spaces may offset the minimum parking requirements in a single-
family residential district. (Amended 5/6/92) (SPECIFICATIONS INCLUDED IN ARTICLE
XVIII)
Path. A cleared way for pedestrians and/or bicycles that may or may not be paved or otherwise
improved. (Added 03/03/04)
Pawn shop. A business that lends money at interest on personal property deposited with the lender
until redeemed. (Added 10/02/02)
Personal Care Home/Assisted Living - A state licensed use in which domiciliary care is provided to
adults who are provided with food, shelter and personal services. This use shall not include
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hospitals, convalescent centers, nursing homes, hospices, clinics, or similar institutions devoted
primarily to the diagnosis and treatment of the sick or injured. (Amended 7/7/99)
Plans Review. The act of reviewing plans and specifications to insure that proposed undertakings
comply with various governing laws, ordinances Zoning Ordinance and other applicable
resolutionOrdinances. Compliance is subsequently utilized to determine that work and materials are
in accordance with approved plans and specifications.
Plant Nursery. Any land used to raise trees, shrubs, flowers and other plants for sale or
transplanting, but not including the retail sale of any related garden supplies such as chemical
fertilizer, tools and other similar goods and/or equipment, or the retail sale of plants not grown on
the property except with an approved Use Permit for Landscaping Business, Plant Nursery, or
Garden Center with Indoor Retail Component (Article 19.4.27). (Amended 7/7/99, 04/03/02)
Plat, Final. A finished drawing of a subdivision which provides a complete and accurate depiction
of all legal and engineering information required by the Subdivision Regulations. Certification is
necessary for recording.
Plat, Preliminary. A drawing which shows the proposed layout of a subdivision in sufficient detail
to clearly indicate its feasibility, but is not in final form for recordation pursuant to the Subdivision
Regulations.
Pipeline - any conduit through which natural gas, petroleum, oxygen, or other flammable or
combustible products, or any of their derivative products are conveyed or intended to be
conveyed.(Added 08/04/99)
Porch. A roofed open structure projecting from the exterior wall of a building and having at least
seventy percent of the total area of the vertical planes forming its perimeter unobstructed in any
manner except by insect-screening between floor and ceiling. (Added 03/03/04)
Primary Variance. An application requesting relief from the standards of the Zoning
ResolutionOrdinance, except relief from use, minimum lot area, or minimum lot frontage .
Prison/Correctional Facility. A public or state-licensed private owned building(s), and all
accessory uses and structures, used for long-term confinement housing and supervision of persons
who are serving terms of imprisonment for violation of criminal laws. A prison is distinguished
from a jail, in that a prison is considered to be larger and for longer terms, and is normally operated
under the authority or jurisdiction of the State or Federal government. (See Article 19.4.34, Private
Correctional Facility) (Added 7/7/99)
Property. When used in conjunction with an application for rezoning, an area of land composed of
less than one lot, or of accumulations of one or more lots, or parts thereof.
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Protected Zone. All lands that fall outside the buildable area of a parcel, all areas of a parcel
required to remain in open space, all areas required as landscape strips and/or buffers (including
zoning buffers, state water buffers and tributary buffers) and all tree save areas according to the
provisions of the Fulton County ZoningCity of Milton Zoning ResolutionOrdinance, conditions of
zoning, use permit or variance approval, and/or the Tree Preservation Ordinance. (Added 12/1/99)
3.3.17. Q
3.3.18. R
Recreational Court, Private. An improved area designed and intended for the playing of a game or
event such as basketball or tennis, and which serves a single family dwelling(s), duplex dwellings
and/or multi-family dwellings, or combinations of dwelling types, including such improved areas
which are owned and/or controlled by a neighborhood club or similar organization. A basketball
goal adjoining a driveway of typical residential driveway dimensions shall not constitute a
recreational court. (Added, 7/5/89)
Recreational Court, Public. An improved area designed and intended for the playing of a game or
event such as basketball or tennis, and is operated as a business or as a club unless such club is a
neighborhood club or similar organization identified under Recreational Court, Private. (Added
7/5/89)
Recreational Facilities. Includes parks, recreation areas, golf courses, playgrounds, recreation
counters (indoor & outdoor), playing fields, and other similar uses or facilities.(Added 7/1/92)
Recreation Fields - An outside area designed and equipped for the conduct of sports and leisure-time
activities including but not limited to softball, soccer, football, and field hockey. (Added 7/7/99)
Recreational Vehicle. A vehicle used for leisure time activities and as a dwelling unit while
traveling. Examples include a camper, a motor home and a travel trailer. As distinguished from a
mobile home, dimensions shall not exceed a width of eight and one-half (8.5) feet and a length of
forty five (45) feet.
Recycling Center, collecting. Any facility utilized for the purpose of collecting materials to be
recycled including, but not limited to, plastics, glass, paper and aluminum materials. Such use may
be principal or accessory to a non-residential use on non-residentially zoned property, except AG-1
zoned properties unless, the primary use is a permitted non-residential use. (Added 12/4/91)
Recycling Center, processing. Any facility utilized for the purpose of collecting, sorting and
processing materials to be recycled including, but not limited to, plastics, glass, paper and aluminum
MILTON ZONING ORDINANCE
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materials whenever such use is permitted in M-1 and M-2 Zoning Districts. A recycling center is
not to be considered a landfill. (Added 12/4/91, Amended 5/6/92, 7/7/99)
Relocated Residential Structure. A dwelling which has been removed from one location for
relocation to another lot.
Repair Garage, Automobile. A use which may provide a full-range of automotive repairs and
services including major overhauls. May include paint and body shops.
Repair Garage, Truck and Heavy Equipment. A use which may provide a full-range of repairs and
services including major overhauls on trucks and heavy equipment. Includes paint and body shops.
Residential Use\Dwelling. Any building or portion thereof where one actually lives or has his home;
a place of human habitation. (Added 7/1/92)
Restaurant. A food service use which involves the preparation and serving of food to seated patrons.
A cafeteria shall also be considered to be a restaurant. The restaurant seating area must be at least
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 the seating space. (Amended
04/06/94)
Restaurant, Fast Food. 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.
Retail Use. A business whose primary purpose is the sale of merchandise to consumers. (Added
06/04/03)
Retreat. See Lodge.
Right-of-Way. A portion of land over which a local or state government has designated a right of
use.
Roadside Produce Stand. A use offering either farm-grown, prepared food products such as fruits,
vegetables, canned foods, or prepared packaged meats for sale from a vehicle or a temporary
structure. The consumption of food on-site is prohibited. (Amended 07/07/93, 04/06/94, 04/05/06)
Roadside Vending. The sale of merchandise such as clothing, crafts, household item, firewood, etc.,
from a temporary table or cart. (Added 07/07/93) (Amended 04/06/94, 02/07/01)
Rooming House. A residential use other than a hotel or motel in which lodging may be provided to
non-household members for periods of 30 days or longer, and which does not include the provision
of meals.
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3.3.19. S
Salvage/Storage/Junk Facility. Any use involving the storage or disassembly of wrecked or junked
automobiles, trucks or other vehicles; vehicular impound lots; storage, bailing or otherwise dealing
in scrap irons or other metals, used paper, used cloth, plumbing fixtures, appliances, brick, wood or
other building materials; and the storage or accumulation outside of a storage building of used
vehicle tires or tire carcasses which cannot be reclaimed for their original use. Such uses are storage
and/or salvage facilities whether or not all or part of such operations are conducted inside or outside
a building or as principal or accessory uses. State approval is required for all sites utilized for
reclamation and/or disposal of toxic and/or hazardous waste. (Amended 7/7/99)
Scale. Scale refers to the relationship of the size of a building to neighboring buildings and of a
building to a site. In general, the scale of new construction should relate to the majority of
surrounding buildings. (Added 10/01/03)
Schools, Colleges & Universities. Any educational facility established under the laws of the state
(and usually regulated in matters of detail by local authorities), in the various districts, counties, or
towns, maintained at the public expense by taxation, and open, usually without charge, to all
residents of the city, town or other district; private schools which have students regularly attending
classes and which teach subjects commonly taught in these schools of this state; any educational
facility operated by a private organization or local county, or state that provides training or education
beyond and in addition to that training received in grades kindergarten to twelfth, including but not
limited to, trade, business and vocational schools; any institution of higher learning, consisting of an
assemblage of colleges united under one corporate organization or government, affording instruction
in the arts and sciences and the learned professions, and conferring degrees. (Added 7/1/92)
School, Private. An educational use having a curriculum at least equal to a public school, but not
operated by the Fulton County Board of Education.
School, Special. An educational use devoted to special education including the training of gifted,
learning disabled, mentally and/or physically handicapped persons, but not operated by the Fulton
County Board of Education.
Screen. A fence, wall, hedge, landscaping, earthen berm, buffer area or any combination of these
that is designed to provided a visual and/or physical barrier. (Added 7/7/99)
Seasonal Business Use. A primary use involving the sale of items related to calendar holidays, such
as Christmas trees, Halloween pumpkins, etc., which may be conducted outside. (Amended
12/4/91, 5/6/92, 07/07/93, 04/06/94, 04/05/06)
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Secondary Variance. An appeal of a decision and/or action of a department director or deputy
department director authorized to hear a variance request or interpretation of the Zoning
ResolutionOrdinance. (Added 07/07/99)
Self-Storage/Mini. A single-level structure or group of structures containing separate spaces/stalls
and which are leased or rented to individuals for the storage of goods. (Added 7/7/99)
Self-Storage/Multi. A multi-level structure containing separate storage rooms/stalls under a single
roof that are leased or rented. (Added 7/7/99)
Senior housing. A single family or multi-family development intended for, operated for and
designed to accommodate residents 55 years of age and older. Senior housing communities are
designed for seniors to live on their own, but with the security and conveniences of community
living. Some provide communal dining rooms and planned recreational activities (congregate living
or retirement communities), while others provide housing with only minimal amenities or services.
(Added 04/05/06)
Service Commercial Use. A business whose primary purpose is to provide a service. (Added
06/04/03)
Service Line - a distribution line that transports natural gas from a common source of supply to: (1)
a customer meter or the connection to a customer’s piping, whichever is farther downstream, or (2)
the connection to a customer’s piping if there is no customer meter. The customer meter is the meter
that measures the transfer of gas from one operator to a customer.(Added 08/04/99)
Service Station. A use which provides for the sale of motor vehicle fuels and automotive
accessories, and which may provide minor repair and maintenance services. A service station shall
be limited to 4 or fewer bays excluding no more than one attached or detached bay for washing cars.
Setback. A space between a property line and a building or specified structure.
Setback, Minimum. The minimum yards as specified in the various use districts. A minimum
required space between a property line and a structure. An area identified by a building line.
Sidewalk. A paved area designated for pedestrians which is constructed in accordance with Fulton
CountyCity standards. (Added 03/03/04)
Sign. Any name, identification, description, display, illustration, writing, emblem, pictorial
representation or device which is affixed to or represented directly or indirectly upon a building,
structure or land in view of the general public, and which directs attention to a product, place,
activity, person, institution or business.
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Sign, Abandoned. Any sign that is located on property which becomes vacant and /or unoccupied,
pertains to a business which does not currently conduct a business of valid business licensing, or
pertains to a product no longer being sold on premises or pertains to time, event or purpose which
no longer applies.(Added 09/01/99)
Sign Animated. Any sign that uses movement or change of lighting to depict action or create a
special effect or scene. (Added 09/01/99)
Sign Area. The sign area of a freestanding sign shall be the combination of sign faces enclosing the
limits of all representations measured from the extreme lowest point of the sign to the extreme
highest point of the sign and from the extreme left edge to the extreme right edge of each sign face,
including any frame and excluding any support structure. When sign representations are not placed
upon an independent surface, the sign area shall be the area of the smallest regular polygon
completely enclosing the limits of all representations including any frame (painted or otherwise as
shown on Illustrations XXXIII-1 and 2), contrasting material or color differentiation against which
representations may be placed. The sign area calculation shall encompass all open space within the
polygon and any internally illuminated portions of the sign structure.
The message area of an identification monument sign shall be delineated by a polygon touching the
extremities of all representations thereon as shown on Illustration XXXIII-3. For V-shaped signs,
the sign area shall be composed of the total area of both faces if the faces meet at an angle of 90
degrees or more, or the total area of the larger face if less than 90 degrees. The area of signs with
more than two faces shall be one half of the sum of the area of all faces. (Revised 09/01/99)
Sign, Candidate. A sign used for the purpose of soliciting votes for a public office or legislation.
(Added 09/01/99)
Sign, Canopy. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or
structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not
a canopy.(Added 09/01/99)
Sign, Changeable Copy (Electronic). Any sign that uses changing lights to form a sign message or
messages wherein the sequence of messages and the rate of change is electronically programmed and
can be modified by electronic processes. (Added 09/01/99)
Sign, Changeable Copy ( Manual). Any sign that has a reader board format serving as background
for letters/messages that are manually changeable. (Added 09/01/99)
Sign, Freestanding. Any sign supported by structures or supports that are placed on, or anchored in,
the ground and that are independent from any building or other structure, but not including
monument type signs.(Added 09/01/99)
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Sign Height. See Height, Sign.
Sign, Identification Monument. A sign where the bottom of the sign structure is flush with the
ground generally at the same horizontal width as the sign face, as distinguished from a pole sign.
Identification monuments are permitted in lieu of other free-standing business signage allowed
herein or in conjunction with a residential development and the sign face shall be a continuous
polygon flush with the base of the sign and sign copy shall be limited to the name of the
development, tenant names, logo and address of the development or business.(Revised 09/01/99)
Sign, Illumination of. See Illumination.
Sign, Kiosk. A sign consisting of a list of names of businesses located on a property or in a
building.(Revised 09/01/99)
Sign, Portable. Any sign not permanently attached to the ground or other permanent structure, or a
sign designed to be transported, including, but not limited to, signs designed to be transported by
means of wheels; signs converted to A- or T- frames; menu and sandwich board signs; balloons used
as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and
visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations
of the business.(Added 09/01/99)
Sign, Projecting. Any sign affixed to a building or wall in such a manner that its leading edge
extends more than six inches beyond the surface of such building or wall.(Added 09/01/99)
Sign, Roof. Any sign erected and constructed wholly on and over the roof of a building, supported
by the roof structure, and extending vertically above the highest portion of the roof.(Added
09/01/99)
Sign, Temporary. Any sign that is used only temporarily and is not permanently mounted. (Added
09/01/99)
Sign, Vehicle. A vehicle with sign(s) permanently painted, attached or magnetically designed to be
affixed to a vehicle for the purpose of providing advertisements of products, services or events or
directing people to a business or activity. Trailers or non-motorized vehicles are not to be classified
as vehicles with signs.(Added 09/01/99)
Sign, Wall. Any sign attached parallel to, but within two feet of, a wall, painted on the wall surface,
or erected and confined within the limits of an outside wall of any building or structure, which is
supported by such wall or building and which displays only one sign surface.(Added 09/01/99)
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Sign, Wall (Entry). Any single faced sign attached to or erected and confined within the limits of an
exterior wall generally located along the perimeter of a development.(Added 09/01/99)
Sign, Window. Any temporarily affixed sign of pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity, event, sale, or service, that is
displayed within one foot of a window, attached inside a window or placed upon a window
(including windows on doors) and is visible from the exterior of the window.(Added 09/01/99)
Sign, Weekend Directional. Real estate signs for the purpose of marketing and providing directions
to residential developments. (Amended 04/03/02)
Site Plan. A detailed plan, drawn to scale, based on a certified boundary survey, and reflecting
conditions of zoning approval, various requirements of State law, and Cou Zoningnty Ordinances
and other applicable Resolutionordinances.
Site Plan, Preliminary. A detailed plan, normally associated with rezoning and Use Permit requests,
which is drawn to scale and reflects the various requirements of State law and of County Ordinances
and City ResolutionOrdinances. A Preliminary Site Plan must be drawn to scale and shall contain
information listed for such a plan in the as prescribed by the Community Development
DepartmentDevelopment Review Guide.
Skywalk. An elevated, grade separated pedestrian walkway or bridge located over a public right-of-
way.
Special Event. An event or happening organized by any person or organization which will generate
or invite considerable public participation and/or spectators for a particular and limited purpose of
time, including, but not limited to, special sales and service promotions, car shows, arts and crafts
shows, horse shows, carnivals, festivals, exhibitions, circuses, fairs, show houses and tours of homes
for charity. Special events are not limited to those events conducted on the public streets but may
occur entirely on private property. Special events may be for profit or nonprofit. Events which
will occur in the public right-of-way, such as roadway foot races, fundraising walks, bikeathons,
parades, etc. are subject to the approval of the Fulton CountyCity of Milton Police Department.
(Added 04/05/06)
Specified Anatomical Areas. Less than completely and opaquely covered human genitals, pubic
regions, buttocks, or female breasts below a point immediately above the top of the areola; and
human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Added
06/05/96)
Specified Sexual Activities. Human genitals in a state of sexual stimulation or arousal; acts of
human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human
genitals, pubic regions, buttocks or female breasts. (Added 06/05/96)
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Spill Light. The light that illuminates surfaces beyond the intended area of illumination caused by
the uncontrolled direct light component from the luminaires. (Added 02/01/06)
Stadium. A large open or enclosed structure used for sports and other major events and partly or
completely surrounded by tiers of seats for spectators. (Added 09/01/04)
Story. A portion of a building between the surface of any floor and the floor or space above it,
excluding basements and attics.
Story, Half. A heated and finished area below a roof, one or more of the vertical walls of which are
less than normal ceiling height for the building. (Amended 12/4/91)
Street. A roadway located and intended for vehicular or pedestrian traffic. Streets are public or they
may be private if specifically approved by the Department of Community Development as part of a
subdivision plat or approved through the privatization process. (Amended 11/03/93, 9/05/01)
Public streets are rights-of-way used for access owned and maintained by the federal, state,
or local government.
Private streets are roadways and parallel sidewalks similar to and having the same function
as a public street, providing vehicular and pedestrian access to more than one property, but
held in private ownership (as distinct from a driveway). Private streets are constructed to
City Standards but owned and maintained by a private entity. Necessary easements for
ingress and egress for police, fire, emergency vehicles and all operating utilities shall be
provided. Should the City ever be petitioned to assume ownership and maintenance of the
private streets prior to dedication of the streets, they must be brought to acceptable City
standards subject to the approval of the Director of Public Works.
Stub-out Street –A street having one end open to traffic and being temporarily terminated
at the other. Stub-outs generally do not have, but may be required to have, a temporary
vehicular turn-around. This temporary termination is to provide connectivity to future
developments and may be constructed without curb and gutter provided such stub-out
street meets the standards of the fire department.
Driveway - A vehicular access way in private ownership, other than a Private Street, which
provides access primarily to only one property or project, or to no more than 3 single-family
detached residences.
Roadway - The paved or graveled portion of a street from back of curb to back of curb (or
edge of pavement to edge of pavement for streets not having curbs) but excluding driveway
aprons, bridges, and large single and multi-cell culverts which in a hydrologic sense can be
considered to function as a bridge.
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Freeway - Any multi-lane roadway having full access control and separation of directional
traffic. A freeway accommodates large volumes of high speed traffic and provides efficient
movement of vehicular traffic for interstate and major through travel. (Added 04/03/02)
Principal Arterial - Any roadway that has partial or no access control and is primarily used
for fast or heavy traffic. Emphasis is placed on mobility rather than access to adjacent land.
(Added 04/03/02)
Minor Arterial - Any roadway that has partial or no access control and is primarily used for
interconnectivity of major arterials and places more emphasis on access to adjacent land over
mobility than principal arterials. (Added 04/03/02)
Collector Road - Any roadway that has partial or no access control and has more emphasis
on access to adjacent land over mobility than arterials. The primary purpose is to distribute
trips to and from the arterial system to their destination points and allow access to the local
roads. (Added 04/03/02)
Local Road - Any roadway that has no access control and places strong emphasis on access
to adjacent land over mobility while service to through traffic is discouraged. (Added
04/03/02)
Full Access Control - Preference is given to through traffic by providing access connections
only with selected public roads and by prohibiting crossing at grade and direct private
connections. (Added 04/03/02)
Partial Access Control - Preference is given to through traffic to a degree that in addition to
connection with selected public roads, there may be some crossing at grade and some private
connections. (Added 04/03/02)
No Access Control - Preference is generally given to access to adjacent land rather than
mobility. (Added 04/03/02)
Street. A roadway/right-of-way located and intended for vehicular traffic. Streets may be public or
they may be private if specifically approved by the Department of Environment and Community
Development as part of a subdivision plat. (Amended 11/03/93, 9/05/01)
Public streets are rights-of-way used for access owned and maintained by the federal, state,
or local government.
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Private streets are roadways constructed to Fulton County Standards but owned and
maintained by a private entity. Necessary easements for ingress and egress for police, fire,
emergency all operating utilities shall be provided. Should Fulton County ever be
petitioned to assume ownership and maintenance of the private streets prior to dedication of
the streets, they must be brought to acceptable Fulton County standards subject to the
approval of the Director of Public Works.
Stub streets are rights-of-way that dead ends into an interior property line.
Freeway - Any multi-lane roadway having full access control and separation of directional
traffic. A freeway accommodates large volumes of high speed traffic and provides efficient
movement of vehicular traffic for interstate and major through travel. (Added 04/03/02)
Principal Arterial - Any roadway that has partial or no access control and is primarily used
for fast or heavy traffic. Emphasis is placed on mobility rather than access to adjacent land.
(Added 04/03/02)
Minor Arterial - Any roadway that has partial or no access control and is primarily used for
interconnectivity of major arterials and places more emphasis on access to adjacent land over
mobility than principal arterials. (Added 04/03/02)
Collector Road - Any roadway that has partial or no access control and has more emphasis
on access to adjacent land over mobility than arterials. The primary purpose is to distribute
trips to and from the arterial system to their destination points and allow access to the local
roads. (Added 04/03/02)
Local Road - Any roadway that has no access control and places strong emphasis on access
to adjacent land over mobility while service to through traffic is discouraged. (Added
04/03/02)
Full Access Control - Preference is given to through traffic by providing access connections
only with selected public roads and by prohibiting crossing at grade and direct private
connections. (Added 04/03/02)
Partial Access Control - Preference is given to through traffic to a degree that in addition to
connection with selected public roads, there may be some crossing at grade and some private
connections. (Added 04/03/02)
No Access Control - Preference is generally given to access to adjacent land rather than
mobility. (Added 04/03/02)
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Structure. Anything built or constructed which occupies a location on, or is attached, to the ground.
Driveways, surface parking lots, patios, and similar paved surfaces are not considered structures.
(Amended 04/05/06)
Structure, Accessory. A subordinate structure, customarily incidental to a principal structure or use
and located on the same lot. Examples of accessory structures in single-family dwelling districts
include outbuildings, such as, tool sheds, woodsheds, workshops, outdoor kitchens, pool houses,
gazebos, guest houses, storage sheds, detached garages and detached carports, etc. Fences and
retaining walls are not considered accessory structures. Driveways, surface parking lots, patios, and
similar paved surfaces are not considered accessory structures. (Amended 04/05/06)
Structure, Principal. A structure in which the principal use or purpose on a property occurs, and to
which all other structures on the property are subordinate. Principal shall be synonymous with main
and primary.
Subdivision. The division of land into two or more lots. A development consisting of subdivided
lots.
Surface, All-weather. Any surface treatment, including gravel, which is applied to and maintained
so as to prevent erosion, and to prevent vehicle wheels from making direct contact with soil, sod or
mud; and which effectively prevents the depositing of soil, sod or mud onto streets from areas
required to be so treated. (Added 7/5/89)
Swimming Pool, Private. A recreation facility designed and intended for water contact activities
which serves a single family dwelling(s), duplex dwellings and/or multi-family dwellings, or
combinations of dwelling types, including pools which are owned and/or controlled by a
neighborhood club or similar organization. (Added 7/5/89)
Swimming Pool, Public. A recreation facility designed and intended water contact activities which
is operated as a business or as a club unless such club is associated with a neighborhood club or
similar organization. (Added 7/5/89)
3.3.20. T
Tenant Panels. An on-premise sign panel(s) that list the name of tenants within a shopping center or
development which the primary sign identifies.(Added 09/01/99)
Thoroughfare, Major. Any street which is classified in the Transportation Element of the
Comprehensive Plan as either a freeway, an arterial or a major collector.
Thoroughfare, Minor. Any street which is classified in the Transportation Element of the
Comprehensive Plan as a minor collector or local street.
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Thoroughfare, Major. Any street which is classified in the Transportation Element of the
Comprehensive Plan as either a freeway, an arterial or a major collector.
Thoroughfare, Minor. Any street which is classified in the Transportation Element of the
Comprehensive Plan as a minor collector or local street.
Tower. Any structure that is designed and constructed primarily for the purpose of supporting one
or more antennas, including self-supporting lattice towers, guyed towers and monopoles but not
Alternative Antenna Support Structures. The term includes radio and television transmission towers,
microwave towers, common carrier towers, cellular telephone towers and the like excluding amateur
radio antenna. (Added 3/5/97)
Transfer station. A facility used to transfer solid waste from one transportation vehicle to another
for transportation to a disposal facility or processing operation. (Added 10/02/02)
Transmission Line - a pipeline other than a gathering line that (1) transports fuel oil/liquid
petroleum product from a gathering line or storage facility (tank farm) to a distribution center or
storage facility (tank farm) and/or (2) transports fuel oil/liquid petroleum product within a storage
field.(Added 08/04/99)
Trespass Light. The off site spill light that illuminates beyond the property boundaries in which the
light fixture is installed, where it is neither wanted nor needed. (Added 02/01/06)
Truck Terminal. A primary use of property where trucks/trailers are either temporarily stored,
maintained or based. Trucks/trailers shall have current registration and license plates with decal.
(Permitted M-2 Heavy Industrial District) (Amended 2/7/96).
3.3.21. U
Use. The purpose or function arranged or intended for a structure or property.
Use, Accessory. A subordinate use which is customarily incidental to the principal use of a lot, and
which is located on the same lot as a principal use.
Use, Principal. The primary or main purpose or function of a lot or structure. Synonymous with
Main and Primary.
Use Permit. A permit approved by the Board of CommissionersCouncil, pursuant to a public
hearing, which authorizes a use which must meet certain standards which exceed the requirements of
the district as-a-whole.
3.3.22. V
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Variance, Primary. An application requesting relief from the standards of the Zoning
ResolutionOrdinance, except relief from use, minimum lot area, or minimum lot frontage. (Added
06/02/99)
Variance, Secondary. An appeal of a decision and/or action of a department director or deputy
department director authorized to hear a variance request or interpretation of the Zoning
ResolutionOrdinance.(Added 06/02/99)
Vegetative Screen. An evergreen planting which, within three years of planting, provides a 100
percent visual barrier between a lot and adjacent lots and uses with a minimum height of 6 feet. A
vegetative screen is composed of plant materials. (Added 12/4/91)
Vehicle, Junk or Salvage. Any automobile, truck or other vehicle which is missing one of the
following: 1) current registration, 2) license plate with current decal, 3) proof of liability insurance,
4) drive train component for more than 30 days. (Amended 3/6/91)
Veterinary Clinic/Hospital. A place where animals are given medical care and the boarding of
animals is limited to short-term care incidental to the hospital use. (Added 7/7/99)
3.3.23. W
Waste. Materials that are discarded, disposed of or no longer usable.
Waste Disposal Boundary. The limit of all waste disposal areas, appurtenances, and ancillary
activities (including but not limited to internal access roads and drainage control devices). (Added
04/03/02)
Waste, Hazardous. See Georgia Department of Natural Resources definition.
Waste, Solid. See Georgia Department of Natural Resources definition.
3.3.24. X
3.3.25. Y
Yard. A land area extending between a structure and a lot line. (Amended 04/03/02)
Yard, Front. A yard abutting any street except the side street on a corner lot. Front yards extend the
entire length of an abutting street from intersecting lot line to intersecting lot line. The front yard of
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corner lots shall be applied to the street which abuts the lot for the shortest distance. (Amended
04/03/02)
Yard, Minimum. The minimum distance between a building or specified structure and a lot line as
specified in the district regulations.
Yard, Rear. The rear yard is the minimum required distance between the rear lot line and a structure.
True triangular lots do not have rear yards. Lots with more than one front lot line do not have rear
yards. The Director of the Department of Environment and Community Development or his/her
designee shall make the final determination of rear yards when in dispute or undefined by this
definition. (Amended 04/03/02)
Yard, Side. A yard which is not a front or rear yard.
3.3.26. Z
Zoning Conditions. Requirements placed on property by the Board of CommissionersCouncil at the
time of approval of a rezoning and/or use permit.(Added 06/02/99)
Zoning Modification. An application to change approved zoning conditions on rezonings and use
permits where it has been determined by the Director of the Environment and Community
Development Department that the requested change involves a matter of significant public
interest. (Added 06/02/99)
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ADOPTED BY THE CITY OF MILTON CITY COUNCIL
DECEMBER 21, 2006
ARTICLE XXII
APPEALS
22.1. PURPOSE.
The purpose of this Aarticle is to establish procedures for appealing the strict
application of regulations contained herein and conditions of zoning when those
regulations impose a hardship on the development of the property, and to provide for
interpretation of the text of this ResolutionOrdinance and the Official Zoning Map.
Appeals are authorized herein to be considered by various bodies and individuals
depending on the type of appeal and its relationship to applications for Use Permits,
or Rezonings or Chapter 14, Article 6, Section 5 of the Land Development and
Environmental Protection of the City Code. Variances apply to the development
standards and district standards per the Zoning ResolutionOrdinance or Chapter 14,
Article 6, Section 5 of the Land Development and Environmental Protection of the
City Code. Modifications apply to the approved conditions of zoning or use permit.
22.2. DECISION MAKING AUTHORITY.
The following are the powers and jurisdiction of the various decision makers and
administrative bodies.
22.2.1. MAYOR AND CITY COUNCILBOARD OF COMMISSIONERS (BOC). The
Board of Commissioners (BOC)Mayor and City Council shall have the following
powers and duties under the provisions of this Zoning ResolutionOrdinance:
A. To hear and decide applications for rezonings, use permits, and modifications
pursuant to Article 22 and Article 28;
B. To hear and decide applications for concurrent variances in conjunction with
applications for rezonings, use permits, and/or zoning modifications pursuant
to Article 22 and Article 28;
C. To hear and decide applications for stream buffer variances when the
applicant requests a rezoning, use permit and/or zoning modification
concurrently pursuant to Article 22 and Chapter 14, Article 6, Section 5 of
the Milton Land Development City Code and;
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D. To hear and decide applications for variances from any Zoning Ordinance
provision that involves more than 5 lots or more than ten percent 10% of lots
in a subdivision, whichever is greater pursuant to Article 22; and
E. To initiate a modification of approved zoning conditions.
22.2.2. BOARD OF ZONING APPEALS (BZA). The Board of Zoning Appeals (BZA)
shall have the following powers and duties under the provisions of this Zoning
Ordinance Resolution:
A. To hear and decide applications for primary variance requests;
B. To hear and decide applications for primary variances from any Zoning
Ordinance provision that involves up to 5 lots or up to ten percent (10%) of
lots in a subdivision, whichever is greater.
C. To hear and decide applications for stream buffer variance requests
referenced in Chapter 14, Article 6, Section 5 of the Milton Land
Development Ordinance, that are not concurrent with a rezoning, use permit
or modification;
D.B. To hear and decide appeals from the interpretation of any of the provisions of
this ResolutionOrdinance by the Director of the Department of Environment
and Community Development Director in accordance with Section 22.2.3.
H.;
EC. To hear and decide appeals when it is alleged that there is an error in any
order, requirement, decision, or determination made by any Fulton
CountyCity of Milton official in the enforcement of this Zoning
ResolutionOrdinance and;
FD. To hear and decide appeals from a permitting or procedural decision of the
Department Director or Deputy Director regarding minor or administrative
variance requests.
22.2.3. DIRECTOR OF THE DEPARTMENT OF CENVIRONMENT AND
COMMUNITIY DEVELOPMENT (E&CD), The Director of the Department of
Environment and Community Development (E&CD) shall have the following
jurisdiction, power and duties under the provisions of this Zoning
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OrdinanceResolution:
A. To determine the type of appeal application or land use process the property
owner/agent is required to apply for;
B. To consider and decide on minor variances to minimum yard requirements,
not to exceed ten percent of such requirement, as long as property owners
with standing do not object;
C. To consider and decide on administrative minor variances of no more than 1
foot;
D. To consider and decide on administrative variances;
E. To consider and decide on administrative modifications to conditions of
zoning;
F. To interpret the provisions of the Zoning ResolutionOrdinance related to the
following:
1. Inconsistent, vague or obscure language;
2. Provisions which are in conflict or are confusing; and
3. Conflicting or redundant procedural requirements; and.
G. To establish procedural requirements for review of appeal applications.
22.2.4. LIMITATION ON AUTHORITY. The authority and jurisdiction of Boards and
individuals as provided herein shall be limited as outlined in the following. In
exercising this jurisdiction, each hearing Board or individual shall have authority to
determine whether it has jurisdiction.
A. There shall be no variances to permitted uses or accessory uses as specified
in the zoning district regulations, administrative/use permit or zoning
conditions.
B. There shall be no variances to the minimum lot area nor the minimum district
size required in each zoning district.
C. There shall be no variances to the minimum lot frontage on a street as
required in designated zoning districts of the Zoning ResolutionOrdinance.
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D. There shall be no modification to increase the density or change the use
approved under the rezoning case. except to allow for the development of a
conservation subdivision. (Amended 05/05/04)
E. There shall be no modification to revise a site plan that, as determined by the
Director of the Department of Environment and Community Development
(E&CD) results in a significant change in the approved concept. Such a site
plan revision shall require rezoning pursuant to Article 28.
F. There shall be no relief or variance from the standards of Article 22 or
Article 28.
22.3. VARIANCES. A variance is a request for relief from the provisions of the Zoning
ResolutionOrdinance. There are 6 types of variance applications. The type of
variance necessary shall be determined by the Director of the Department of
Environment and Community Development. The different types of appeals are listed
below and described in the following sections:
1. Administrative Variance
2. Minor Variance/Administrative Minor Variance
3. Primary Variance
4. Secondary Variance
5. Interpretation
6. Concurrent Variance
22.3.1. VARIANCE CONSIDERATIONS. A variance must be based upon
credible evidence submitted at a public hearing before the Board of Zoning
Appeals, demonstrating the following;
A. The general purpose and intent of the Ordinance shall be observed;
and
B. There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of the City's Ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
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exceptional situations or conditions; and
C. Such conditions are not the result of actions of the property owner;
and
D. These conditions existed at the time of the enactment of the
applicable Ordinance or Ordinances or after; and
E. Relief, if granted would not cause a substantial detriment to the
public good and surrounding properties; and
F. That the public safety, health and welfare are secured, and that
substantial justice is done.
Variances may be considered in all districts. Primary variances and concurrent variances shall only
be granted upon showing that:
A. Relief, if granted, would be in harmony with, or, could be made to be in
harmony with, the general purpose and intent of the Zoning Resolution; or,
B. The application of the particular provision of the Zoning Resolution to a par-
ticular piece of property, due to extraordinary and exceptional conditions
pertaining to that property because of its size, shape, or topography, would
create an unnecessary hardship for the owner while causing no detriment to
the public; or,
C. Conditions resulting from existing foliage or structures bring about a
hardship whereby a sign meeting minimum letter size, square footage and
height requirements can not be read from an adjoining public road.
22.4. ADMINISTRATIVE VARIANCE.
The Director of the Department of Environment and Community Development is
authorized by this ResolutionOrdinance to consider an Administrative Variance
whenever a property owner maintains that a provision contained in Article 34,
DEVELOPMENT REGULATIONS, as applied to a specific situation, is not in the
best interest of the public health, safety and welfare; whenever there is a request for
the alteration of the 10 foot improvement setback required along all buffers as
required in the conditions of zoning and/or in Article 4.23.1 MINIMUM
LANDSCAPE STRIPS AND BUFFERS; and whenever there is a request up to a
10% reduction in the number of required parking spaces per Article 18.2.4,
ADMINISTRATIVE REDUCTION OF SPACES CONSTRUCTED.(Amended
12/1/99)
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22.5. ADMINISTRATIVE MINOR VARIANCE.
The Director of the Environment and Community Development may grant an
Administrative Minor Variance up to 1 foot from any minimum yard requirement.
22.6. MINOR VARIANCE.
The Director of the Environment and Community Development may grant minor
variances to minimum yard requirements, not to exceed ten percent of such
requirement, as long as no objection has been submitted in writing to the Director of
Environment and Community Development. An appeal to a minor variance decision
must be filed as a Secondary Variance request.(Amended 12/1/99)
22.7. PRIMARY VARIANCE.
A request for a variance from any Zoning ResolutionOrdinance provision that is not
being handled as a minor, administrative minor or concurrent variance and shall be
heard and decided by the Board of Zoning Appeals in accordance with Section
22.3.1.
22.7.1 PRIMARY VARIANCE HEARD BY THE MAYOR AND CITY COUNCIL.
A request for a variance from any Zoning Ordinance provision that involves more
than 5 lots or more than ten percent 10% of lots in a subdivision, whichever is
greater in accordance with section 22.3.1.
22.8. SECONDARY VARIANCE/INTERPRETATION.
The Board of Zoning Appeals shall consider appeals of variance decisions and
interpretations made by any Department Director or Deputy Department Director
authorized to grant a variance request or interpretation. This type of appeal is
considered a secondary variance.
22.9. CONCURRENT VARIANCES.
The Board of CommissionersMayor and City Council may consider a concurrent
variance from any standards of the Zoning Ordinance or Chapter 14, Article 6,
Section 5 (Stream Buffers) of the Milton Land Development City CodeResolution
which shall be filed simultaneously with rezoning, use permit or zoning modification
requests on the same property based on the conceptual plan submitted with the
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petition for the same agenda. The Community Zoning BoardPlanning Commission
shall also hear and make recommendations on concurrent variances filed with
rezonings or use permit applications. The Board of CommissionersMayor and City
Council shall consider such concurrent variance requests in accordance with the
standards set forth in Section 22.3.1. Public notification shall be in accordance with
Sections 22.13.9 and 28.3
22.9.1 VARIANCE CONSIDERATIONS FOR STREAM BUFFERS. The
following factors will be considered in determining whether to issue a
variance:
A. The shape, size, topography, slope, soils, vegetation and other
physical characteristics of the property;
B. The locations of all streams on the property including along property
boundaries;
C. The location and extent of the proposed buffer or setback intrusion;
and,
D. Whether alternative designs are possible which require less intrusion
or no intrusion;
E. The long term and construction water quality impacts of the proposed
variance;
F. Whether issuance of the variance is at least as protective of natural
resources and the environment.
. (Amended 06/04/03)
22.9.1. LIMITATIONS ON CONCURRENT VARIANCES.
A. The Board of CommissionersMayor and City Council may only consider
variance requests as part of, or in conjunction with, a rezoning, use permit or
modification application.
B. Deleted 11/03/04.
C. If an application for a variance to the Board of Zoning Appeals duplicates a
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concurrent variance request denied by the Board of CommissionersMayor
and City Council, such an application shall not be accepted by the Director of
the Department of Environment and Community Development prior to the
expiration of 6 months from the date of the Board of Commissioners’Mayor
and City Council’s denial of the concurrent variance request. A variance
request to the Board of Zoning Appeals cannot be considered simultaneously
with the same concurrent variance request pending before the Board of
CommissionersMayor and City Council.
22.9.2. APPLICATION FOR CONCURRENT VARIANCES. Applications for a
concurrent variance shall be submitted to the Director of of the Department of
Environment and Community Development in accordance with the advertised filing
deadlines for the Board of Commissioners meetingsMayor and City Council. A
regular variance fee shall be charged and the application shall comply with all
advertising and notification requirements specified in Article 28, REZONING AND
OTHER AMENDMENT PROCEDURES . One notice sign may serve for both the
rezoning, use permit, zoning modification, and concurrent variance request as long as
the sign is marked to indicate all actions which are pending.
The variance case file number for each concurrent variance requested shall be
included on the rezoning petition.
22.10. MODIFICATIONS. A modification is a request for relief from the conditions of
zoning or use permit when a site development proposal does not comply with
approved conditions. There are two different types of modifications which are listed
below and described in the following sections:
1. Administrative Modification
2. Zoning Modification
22.10.1. APPLICATION FOR MODIFICATION. A request to modify a condition of
zoning or Use Permit may be initiated by the property owner, the Planning
Commission oor the Board of CommissionersMayor and City Council. Applications
shall be submitted to the Director of the Department of Environment and Community
Development in accordance with the deadline schedule adopted by the Board of
CommissionersMayor and City Council. A modification application shall include a
legal description of the property for which the modification is requested and a written
explanation of the circumstances upon which the requested change of condition is
based including the reason why development or use of the property, as approved,
cannot be accomplished without the modification of a condition. Applicants shall
submit a
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revised site plan illustrating the requested modification. The type of modification
necessary is determined by the Director of the Department of Environment and
Community Development.
22.11. ADMINISTRATIVE MODIFICATION. An Administrative Modification
application may be filed if the Director of Environment and Community
Development determines that the modification request is not prohibited by Section
22.2.4 LIMITATION ON AUTHORITY and, will constitute only a technical change
and does not involve significant public interest, or public interest has been addressed
by letters expressing no objections from property owner(s) with standing and/or
neighborhood associations. The Director shall send the administrative modification
decision to the Board of CommissionersMayor and City Council for confirmation at
the next appropriate regular meeting.
22.11.1. APPEAL OF AN ADMINISTRATIVE MODIFICATION DECISION. If an
applicant wishes to appeal the decision of the Director of the Department of
Environment and Community Development regarding an Administrative
Modification, or if it is determined by the Director that a request will involve a
matter of public interest, the applicant must file a separate application requesting a
Zoning Modification on forms available from the Environment and Community
Development Department.
22.12. ZONING MODIFICATION. A Zoning Modification application shall be filed if
an approved zoning condition cannot be met and it is determined by the Director that
the application involves significant public interest and is in compliance with Section
22.2.4 LIMITATION ON AUTHORITY. The Zoning Modification request shall be
presented to the Board of CommissionersMayor and City Council for consideration
in a public hearing.
22.13. GENERAL PROCEDURES.
This section contains basic steps common to all variances and modifications.
22.13.1. APPLICATIONS. All applications for variances, interpretations and modifications
shall be filed with the Director of the Department of Environment and Community
Development on forms available in the Department. The type of application process
necessary to accomplish the change requested by the applicant shall be the
determined by the Director of E&CD Community Development. The Director shall
transmit the petition and all documents constituting the record to the appropriate
hearing body or individual.
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22.13.2. STANDING. Standing refers to a party or parties allowed to initiate a request for
variances or modifications which are limited to the following:
A. Modification Petition - A request for a modification may be initiated by the
property owner or its agent, the Planning Commission or the Board of
CommissionersMayor and City Council;
B. Variance Petition - A request for a variance may be initiated by the property
owner of subject property or its agent;
C. Secondary Variance Petition - A request for a secondary variance appeal may
be initiated by the property owner of the subject property or its agent, or the
owner of other real property within 300 feet of the boundaries of the subject
property; and
D. Interpretation Petition - A request for an interpretation of a decision of the
Director of the Department of Environment and Community Development
may be requested by any individual.
22.13.3. FILING DEADLINES.
A. Applications for variances, interpretations and modifications shall be
submitted in accordance with the advertised filing deadlines, depending on
the type of petition in accordance with Section 28.2.3 of the Zoning
ResolutionOrdinance.
B. Concurrent Variance applications shall be filed in accordance with the filing
deadline for the parent petition of either a use permit, rezoning, or zoning
modification request in accordance with Section 28.2.3 of the Zoning
ResolutionOrdinance.
C. The Director of the Department of Environment and Community
Development has the discretion to extend the filing deadline by two days for
all applications except Administrative Minor and Minor Variance
Applications. A letter from the applicant explaining the delay in filing shall
be submitted prior to the close of the filing deadline.
22.13.4. WITHDRAWAL OF APPLICATION.
A. An application may be withdrawn by the applicant in writing at any time
before the public hearing notice advertisement is published and /or the notice
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of the hearing is posted on the property.
B. Applications which do not require a public hearing may be withdrawn at any
time before notification of a decision is mailed.
C. Once the public hearing has been properly advertised, the request for
withdrawal of the application must be placed on the public hearing agenda
and the appropriate decision-making body shall act on the withdrawal
request.
22.13.5. FEES. At the time of application, applicants shall pay fees as established by the
Board of CommissionersMayor and City Council. Fees paid are not refundable
except where the Director of the Department of Environment and Community
Development determines that an application was accepted in error, or the fee paid
exceeded the amount due, in which case the amount of the overpayment will be
refunded to the applicant.
22.13.6. LEGAL ACTION STAYED. The filing of an appeal authorized by this Article
shall operate as a stay of any enforcement proceedings by Fulton Countythe City of
Milton until final resolution of the appeal. No Board of CommissionersMayor and
City Council or Board of Zoning Appeals action shall be taken on any property
which is the subject of any litigation pending in state or federal court wherein Fulton
Countythe City of Milton or its agents or officials are parties.
22.13.7. PUBLIC HEARING. A public hearing shall be conducted by the stated hearing
body of each appeal application before taking action thereon except those authorized
to be considered administratively. The schedule of public hearings and deadlines for
the filing of an appeal shall be established by the Board of CommissionersMayor and
City Council.
Public hearings are not required for administrative variances, minor variances,
administrative minor variances and administrative modifications; however,
notification in accordance with Section 22.13.9 B is required.
22.13.8. EVALUATIONS AND REPORTS. The hearing body shall have before it, at the
time of hearing, a report from the Director of the Department of Environment and
Community Development which shall summarize the hardship or justification
reported by the applicant as related to the application and background information
for variances, modifications, and interpretations, and any other information requested
by the hearing body. The hearing body shall, hear, analyze, consider, and make a
written report of its decision in accordance with Section 22.13.12 NOTICE OF
DECISIONS.
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22.13.9. PUBLIC NOTIFICATION. (Amended 09/05/01, 10/02/02, 06/04/03, 03/03/04)
A. For those applications requiring a public hearing (Primary Variances,
Secondary Variances, Concurrent Variances, and Zoning Modifications), the
Director of the Environment and Community Development Department
shall:
1. Publish notice of the public hearing in a newspaper of general
circulation at least 15 days, but no more than 45 days prior to the
public hearing at which an application will be heard. The published
notice shall contain the time, place and purpose of the hearing and the
location of the property if applicable (secondary variances may not
always be property specific). Renotification is not required when a
petition is deferred by the Board of CommissionersMayor and City
Council or the Board of Zoning Appeals
2. The applicant or agent shall post a sign as issued by the Environment
and Community Development Department in a conspicuous location
on each public street frontage of the subject site, at least 20 days, but
not more than 45 days, prior to the public hearing at which an
application will be heard.
The sign shall be mounted and posted as specified by the
Environment and Community Development Department. Property
that is not posted on the 20th day before the scheduled hearing date
will be administratively removed from the agenda. The sign will
remain posted on-site until final action by the appropriate hearing
body is taken.
When the Board of Zoning Appeals defers a petition, the applicant is
required to post an updated sign with new hearing dates 20 days prior
to the next scheduled hearing date. When the Board of
CommissionersMayor and City Council defers a petition, an updated
sign is not required.
The posted sign shall contain the date, time, place and purpose of the
hearing.
For zoning modifications, all notices shall contain all of the items
listed in the previous sentence, the location of the property, the
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zoning and/or use permit case number to be modified and the
condition number(s) to be modified.
The posting of a sign is not required when a secondary variance is not
requested by the property owner or owner’s representative.
3. Notice of the public hearing shall be postmarked 15 days prior to the
hearing date and shall be given by regular mail to all property owners
within 300 feet of the boundaries of the property who appear on the
current tax records of Fulton County as retrieved by the CountyCity’s
Geographic Information System. Renotification is not required
when a petition is deferred by the Board of CommissionersMayor and
City Council or the Board of Zoning Appeals.
The mailing of public notices is not required when a secondary
variance is sought by other than the property owner.
B. For those applications not requiring a public hearing, notification shall be
provided as follows:
1. Administrative Variance: The owners of property adjacent and
contiguous across the right-of-way of the subject site shall be notified
in accordance with Section 22.13.9(A)(3).
2. Minor Variance: The owners of property adjacent and contiguous
across the right-of-way of the subject site shall be notified in
accordance with Section 22.13.9(A)(3).
3. Administrative Modification: The Director of the Environment and
Community Development Department shall determine what
notification, if any, is reasonable on a case by case basis.
4. Administrative Minor Variance: No written notification.
22.13.10. DECISIONS. The Board of CommissionersMayor and City Council, Board of
Zoning Appeals, and the Director of the Environment and Community Department in
considering applications under this Article shall do one of the following:
A. Approve or partially approve
B. Approve and impose conditions related to the application being considered
(Amended 04/03/02)
C. Deny
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D. Hold for further study not less than 30 days
E. Withdraw
22.13.11. BOARD OF ZONING APPEALS DECISION ON SECONDARY
VARIANCES/INTERPRETATIONS. The Board of Zoning Appeals may take
the following actions pursuant to a secondary variance and/or an interpretation
appeal:
A. Affirm an order, requirement, or decision, wholly or partly.
B. Reverse an order, requirement, or decision, wholly or partly.
C. Clarify. Present an interpretation of the text in the form of a statement of
clarification. Such statement shall not contain substitute language, but shall
rely upon language and definitions contained in the Fulton County Zoning
ResolutionCity of Milton Zoning Ordinance, and definitions contained in
Merriam-Webster Collegiate Dictionary, tenth edition.
22.13.12. NOTICE OF DECISIONS. Written notice of all decisions shall be placed in the
official case file and shall be forwarded to the applicant by regular mail within 7
working days from the date of the decision by the following authority:
A. The Director of the Environment and Community Development Department
shall provide written notification of the Board of Zoning Appeals’ decisions;
B. The Director of the Environment and Community Development Department
shall, with respect to minor variances, administrative variances, and
administrative modifications provide written notification of such decisions.
The approval of a building permit shall constitute notice of approval for an
administrative minor variance; and
C. The Clerk to the Board of CommissionersDirector of Community
Development shall, with respect to zoning modifications and concurrent
variances, provide written notification of the Board of Commissioners’Mayor
and City Council’s decisions.
22.13.13. RECONSIDERATION OF DENIED APPLICATION. If a variance or
modification application is denied by an authorized Department Director, Board of
CommissionersMayor and City Council or the Board of Zoning Appeals, an
application for the same variance or modification item shall not be considered until:
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A. At least six months has elapsed from the date of the decision; or
B. New information pertinent to the subject, not previously considered, is
submitted by the petitioner and the 6-month period is waived by the hearing
body.
If an application is denied by the Director of the Environment and
Community Development Department, the applicant may appeal the decision
to the appropriate hearing body depending on the type of petition.
This provision is not intended to supersede provisions of Article 28.2 as related to
decisions regarding rezonings and/or use permits.
22.13.14. TIME LIMITATION ON APPEALS TO SUPERIOR COURT. (Amended
12/1/99) The decision of the Board of Zoning Appeals is a final decision; therefore,
any appeal of such a decision shall be pursued by application for writ of certiorari
filed with the Superior Court of Fulton County within 30 days of the date of the
decision. The applicant’s petition, application for writ of certiorari, the writ of
certiorari and any other initials filings with the Superior Court shall be served upon
the named defendants/respondents in accordance with O.C.G.A. Section 9-11-4.
Upon filing such an appeal, the Clerk of Superior Court shall give immediate notice
thereof to the Director of the Environment and Community Development
Department, and within 30 days from the date of such notice, the Director of
Environment and Community Development shall cause to be filed with the Clerk of
Superior Court a certified copy of the proceedings and the decision of the Board of
Zoning Appeals.
Appeals of decisions (Secondary Variances/Interpretation) of the Director of the
Environment and Community Development Department, or the Director of Public
Works shall be brought within 30 days from the date of the decision.
22.13.15. EXPIRATION OF VARIANCE. If not used, a variance shall be valid only for a
period of 36 months from the date it is granted. Extensions may be sought under the
provisions of Article 28, REZONING AND OTHER AMENDMENT
PROCEDURES, Section 28.6 EXPIRATION AND EXTENSIONS OF ZONINGS.
22.14. BOARD OF ZONING APPEALS.
22.14.1. MEMBERSHIP. The Fulton County City of Milton Board of Zoning Appeals shall
consist of seven members appointed by the Board of Commissioners of Fulton
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CountyMayor and City Council. The members shall serve terms concurrent with the
terms of their respective appointed Council member or Mayor the Fulton County
Planning Commission. Members shall not hold any other public office or position in
Fulton Countythe City of Milton. Annual elections shall be held by the Board of
Zoning Appeals to elect one of its membersmember’s chairperson for a one-year
term. The chairperson may serve an unlimited number of one-year terms.
22.14.2. VACANCIES. Any vacancy in the membership shall be filled for the unexpired
term in the same manner as the initial appointment.
22.14.3. REMOVAL OF MEMBERS. Members may be removed for cause by the Board of
Commissioners of Fulton CountyMayor and City Council upon written charges and
after a public hearing.
22.14.4. PAY. Fees to be paid to the members of the Fulton County Board of Zoning
Appeals for attending official meetings shall be fixed from time to time by the Board
of Commissioners of Fulton County.
22.14.45. SECRETARY. The Director of the Department of Environment and Community
Development shall serve as Secretary to the Board of Zoning Appeals. The
Secretary shall keep minutes of proceedings, showing the vote of each member upon
each question, or if absent or failing to vote, indicating such fact; and shall keep
records of evidence, examinations and official actions, all of which shall be filed and
shall be a public record.
22.14.56. POLICIES AND PROCEDURES. The Fulton County BCity of Milton Board of
Zoning Appeals shall adopt and publish policies, procedures and rules in keeping
with the provisions of this resolutionordinance. Such shall be available in the
Community Development Department.
22.14.67. MEETINGS. Meetings of the Board of Zoning Appeals shall be held at least once
each month to dispose of matters scheduled. Additional meetings may be called by
the chairman. The Board of Zoning Appeals scheduled meetings, places and dates,
and deadlines for the filing of applications shall be approved by the Board of
CommissionersMayor and City Council and published by the Director of the
Environment and Community Development Department.
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Mayor & City Council – November 17, 2008
ADOPTED BY THE MAYOR AND CITY COUNCIL ON DECEMBER 7, 2006
City of Milton
Chapter 14: Land Development and Environmental Protection
Article 3: Floodplain Management/Flood Damage Prevention Ordinance.
Section 1: General Provisions.
(a) Purpose and Intent
The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare and to minimize public and private losses
due to flood conditions in flood hazard areas, as well as to protect the beneficial uses
of floodplain areas for water quality protection, streambank and stream corridor
protection, wetlands preservation and ecological and environmental protection by
provisions designed to:
(i) Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(ii) Restrict or prohibit uses which are dangerous to health, safety and property
due to flooding or erosion hazards, or which increase flood heights, velocities,
or erosion;
(iii) Control filling, grading, dredging and other development which may increase
flood damage or erosion;
(iv) Prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands;
(v) Limit the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of flood waters;
and,
(vi) Protect the stormwater management, water quality, streambank protection,
stream corridor protection, wetland preservation and ecological functions of
natural floodplain areas.
(b) Applicability
This ordinance shall be applicable to all Areas of Special Flood Hazard within the
City of Milton, Georgia.
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(c) Designation of Ordinance Administrator
The Manager or his/her designee is hereby appointed to administer and implement
the provisions of this ordinance.
(d) Basis for Area of Special Flood Hazard – Flood Area Maps and Studies
For the purposes of this ordinance, the following are adopted by reference:
(i) The Flood Insurance Study (FIS) for Fulton County, dated May 7, 2001, with
accompanying maps and other supporting data and any revision thereto.
(ii) Other studies which may be relied upon for the establishment of the base
flood elevation or delineation of the 100-year floodplain include:
(a) Any flood or flood-related study conducted by the United States Corps
of Engineers, the United States Geological Survey, or any other local,
state or Federal Agency applicable to the City of Milton; or
b) Any base flood study authored by a registered Professional Engineer
in the State of Georgia which has been prepared by FEMA approved
methodology and approved by the Manager.
(iii) Other studies which may be relied upon for the establishment of the future-
conditions flood elevation or delineation of the future-conditions floodplain
and flood prone areas include:
(a) Any flood or flood-related study conducted by the United States Corps
of Engineers , the United States Geological Survey, or any other local,
state, or Federal Agency applicable to the City of Milton; or
(b) Any future-conditions flood study authored by a registered
Professional Engineer in the State of Georgia which has been
approved by FEMA approved methodology approved by the Manager.
(iv) The repository for public inspection of the FIS, accompanying maps
accompanying maps and other supporting data is located at Milton City Hall.
(e) Compatibility with Other Regulations
This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation, statute, easement, covenant, deed restriction or other provision of law.
The requirements of this ordinance are in addition to the requirements of any other
ordinance, rule, regulation or other provision of law, and where any provision of this
ordinance imposes restrictions different from those imposed by any other ordinance,
rule, regulation or other provision of law, whichever provision is more restrictive or
impose higher protective standards for human health or the environment shall
control.
(f) Severability
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If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this ordinance.
(g) Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur; flood heights may be increased by manmade or
natural causes. This ordinance does not imply that land outside the Areas of Special
Flood Hazard or uses permitted within such areas will be free from flooding or flood
damages. This ordinance shall not create liability on the part of the City of Milton or
by any officer or employee thereof for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made there under.
Section 2: Definitions.
For the purpose of this Article, the following definitions apply.
(a) “Addition (to an existing building)” means any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common load-bearing
wall other than a fire wall. Any walled and roofed addition which is connected by a
fire wall or is separated by an independent perimeter load-bearing wall shall be
considered New Construction.
(b) “Appeal” means a request for a review of the Manager’s interpretation of any
provision of this ordinance.
(c) “Area of Shallow Flooding” means a designated AO or AH Zone on a community’s
Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet,
and/or where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident.
(d) “Area of Special Flood Hazard” is the land subject to a one percent or greater chance
of flooding in any given year. This includes all floodplain and flood prone areas at or
below the base flood elevation (including A, A1-30, A-99, AE, AO, AH, and AR on the
FHBM or the FIRM), all floodplain and flood prone areas at or below the future-
conditions flood elevation, and all other flood prone areas as referenced in Section
1(d). All streams with a drainage area of 100 acres or greater shall have the area of
special flood hazard delineated.
(e) “Base Flood” means the flood having a one percent chance of being equaled or
exceeded in any given year [i.e., the “100-year flood”].
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(f) “Base Flood Elevation” means the highest water surface elevation anticipated at any
given point during the base flood.
(g) “Basement” a level below a floor of a building with a portion of the floor below grade.
(h) “Building” means any structure built for support, shelter, or enclosure for any
occupancy or storage.
(i) “Development” means any man-made change to improved or unimproved real estate
including but not limited to buildings or other structures, mining, dredging, filling,
clearing, grubbing, grading, paving, and any other installation of impervious cover,
excavation or drilling operations or storage of equipment or materials,
(j) “Manager” means Manager of City of Milton Community Development Department.
(k) “Elevated Building” means a non-basement building built to have the lowest floor of
the lowest enclosed area elevated above the ground level by means of fill, solid
foundation perimeter walls, pilings, columns, piers, or shear walls adequately
anchored so as not to impair the structural integrity of the building during a base
flood event.
(l) “Existing Construction” Any structure for which the “start of construction” commenced
before July 5, 2006.
(m) “Existing Manufactured Home Park or Subdivision” means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum the
installation of utilities, the construction of streets, and final site grading or the pouring
of concrete pads) is completed before July 5, 2006.
(n) “Expansion to an Existing Manufactured Home Park or Subdivision” means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed, including the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete
pads.
(o) “FEMA” means the Federal Emergency Management Agency.
(p) “Flood” or “Flooding” means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(i) the overflow of inland or tidal waters; or
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(ii) the unusual and rapid accumulation or runoff of surface waters from any
source.
(q) “Flood Hazard Boundary Map” or “FHBM” means an official map of a community,
issued by the Federal Insurance Administration, where the boundaries of areas of
special flood hazard have been defined as Zone A.
(r) “Flood Insurance Rate Map”, or “FIRM”, means an official map of a community,
issued by the Federal Insurance Administration, delineating the areas of special flood
hazard and/or risk premium zones applicable to the community.
(s) “Flood Insurance Study” or “FIS” means the official report by the Federal Insurance
Administration evaluating flood hazards and containing flood profiles and water
surface elevations of the base flood.
(t) “Floodplain” means any land area susceptible to flooding.
(u) “Floodproofing” means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities, structures and
their contents.
(v) “Floodway" or "Regulatory Floodway” means the channel of a stream or other
watercourse and the adjacent areas of the floodplain which is necessary to contain
and discharge the base flood flow without cumulatively increasing the base flood
elevation more than one foot.
(w) “Functionally Dependent Use” means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water.
(x) "Future-Conditions Flood" means the flood having a one percent chance of being
equaled or exceeded in any given year based on future-conditions hydrology. Also
known as the 100-year future-conditions flood.
(y) “Future-conditions Flood Elevation” means the flood standard equal to or higher than
the Base Flood Elevation. The Future-conditions Flood Elevation is defined as the
highest water surface anticipated at any given point during the future-conditions
flood.
(z) "Future-conditions Floodplain" means any land area susceptible to flooding by the
future-conditions flood.
(aa) "Future-conditions Hydrology" means the flood discharges associated with projected
land-use conditions based on a community’s zoning map, comprehensive land-use
plans, and/or watershed study projections, and without consideration of projected
future construction of flood detention structures or projected future hydraulic
Page 6 of 105
modifications within a stream or other waterway, such as bridge and culvert
construction, fill, and excavation.
(bb) “Highest Adjacent Grade” means the highest natural elevation of the ground surface,
prior to construction, adjacent to the proposed foundation of a building.
(cc) “Historic Structure” means any structure that is;
(i) Listed individually in the National Register of Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual listing
on the National Register;
(ii) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(iii) Individually listed on a state inventory of historic places and determined as
eligible by states with historic preservation programs which have been
approved by the Secretary of the Interior; or
(iv) Individually listed on a local inventory of historic places and determined as
eligible by communities with historic preservation programs that have been
certified either:
(A) By an approved state program as determined by the Secretary
of the Interior, or
(B) Directly by the Secretary of the Interior in states without
approved programs.
(dd) “Lowest Floor” means the lowest floor of the lowest enclosed area, including
basement. An unfinished or flood resistant enclosure, used solely for parking of
vehicles, building access, or storage, in an area other than a basement, is not
considered a building’s lowest floor, provided that such enclosure is not built so as to
render the structure in violation of other provisions of this ordinance.
(ee) “Manufactured Home” means a building, transportable in one or more sections, built
on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. The term includes any structure
commonly referred to as a “mobile home” regardless of the date of manufacture. The
term also includes parked trailers, travel trailers and similar transportable structures
Page 7 of 105
placed on a site for 180 consecutive days or longer and intended to be improved
property.
(ff) “Mean Sea Level” means the average height of the sea for all stages of the tide. It is
used as a reference for establishing various elevations within the floodplain. For
purposes of this ordinance the term is synonymous with National Geodetic Vertical
Datum (NGVD) and/or the North American Vertical Datum (NAVD) of 1988.
(gg) “National Geodetic Vertical Datum (NGVD)” as corrected in 1929 is a vertical control
used as a reference for establishing varying elevations within the floodplain.
(hh) “New Construction” means any structure (see definition) for which the “start of
construction” commenced after July 5, 2006 and includes any subsequent
improvements to the structure.
(ii) “New Manufactured Home Park or Subdivision” means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after July 5, 2006.
(jj) “North American Vertical Datum (NAVD) of 1988” is a vertical control used as a
reference for establishing varying elevations within the floodplain.
(kk) “Owner” means the legal or beneficial owner of a site, including but not limited to, a
mortgagee or vendee in possession, receiver, executor, trustee, lessee or other
person, firm or corporation in control of the site.
(ll) “Permit” means the permit issued by the City of Milton Community Development
Department to the applicant which is required for undertaking any land development
activity.
(mm) “Recreational Vehicle” means a vehicle which is:
(i) built on a single chassis;
(ii) 400 square feet or less when measured at the largest horizontal projection;
(iii) designed to be self-propelled or permanently towable by light duty truck;
and,
(iv) designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
(nn) “Site” means the parcel of land being developed, or the portion thereof on which the
land development project is located.
Page 8 of 105
(oo) “Start of Construction” means the date the permit was issued, provided the actual
start of construction, repair, reconstruction, or improvement was within 180 days of
the permit date. The actual start means the first placement of permanent
construction of the structure such as the pouring of slabs or footings, installation of
piles, construction of columns, or any work beyond the stage of excavation, and
includes the placement of a manufactured home on a foundation. Permanent
construction does not include initial land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of buildings
appurtenant to the permitted structure, such as garages or sheds not occupied as
dwelling units or part of the main structure. (NOTE: accessory structures are not
exempt from any ordinance requirements). For a substantial improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external
dimensions of the building.
(pp) “Structure” means a walled and roofed building that is principally above ground, a
manufactured home, a gas or liquid storage tank.
(qq) “Subdivision” means the division of a tract or parcel of land resulting in one or more
new lots or building sites for the purpose, whether immediately or in the future, of
sale, other transfer of ownership or land development, and includes divisions of land
resulting from or made in connection with the layout or development of a new street
or roadway or a change in an existing street or roadway.
(rr) “Substantial Damage” means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
(ss) “Substantial Improvement” means any combination of repairs, reconstruction,
alteration, or improvements to a building, taking place during a 10-year period, in
which the cumulative cost equals or exceeds 50 percent of the market value of the
structure prior to the improvement. The market value of the building means (1) the
appraised value of the structure prior to the start of the initial repair or improvement,
or (2) in the case of damage, the value of the structure prior to the damage
occurring. This term includes structures which have incurred “substantial damage”
regardless of the actual amount of repair work performed. For the purposes of this
definition, “substantial improvement” is considered to occur when the first alteration
of any wall, ceiling, floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the building. The term does
not, however, include those improvements of a building required to comply with
existing health, sanitary, or safety code specifications which are solely necessary to
assure safe living conditions, which have been pre-identified by the Code
Enforcement Official, and not solely triggered by an improvement or repair project.
(tt) “Substantially Improved Existing Manufactured Home Park or Subdivision” is a
condition in which the repair, reconstruction, rehabilitation or improvement of the
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streets, utilities and pads equals or exceeds 50 percent of the value of the streets,
utilities and pads before the repair, reconstruction or improvement commenced.
(uu) “Variance” is a grant of relief from the requirements of this ordinance which permits
construction in a manner otherwise prohibited by this ordinance.
(vv) “Violation” means the failure of a structure or other development to be fully compliant
with the community’s floodplain management regulations. A structure or other
development without the elevation certificate, other certificates, or other evidence of
compliance required in this ordinance is presumed to be in violation until such time
as that documentation is provided.
Section 3: Permit Procedures and Requirements.
(a) Permit Application Requirements
No owner or developer shall perform any land development activities on a site where
an Area of Special Flood Hazard is located, without first meeting the requirements of
this ordinance prior to commencing the proposed activity.
Unless specifically excluded by this ordinance, any owner or developer desiring a
permit for a land development activity shall submit to the City of Milton a permit
application on a form provided by the City of Milton for that purpose.
No land development permit will be approved for any land development activities that
do not meet the requirements, restrictions and criteria of this ordinance.
(b) Floodplain Management Plan Requirements
An application for a development project with any Area of Special Flood Hazard
located on the site will be required to include a floodplain management / flood
damage prevention plan. This plan shall include the following items:
(1) Site plan drawn to scale, which includes but is not limited to:
(a) Existing and proposed elevations of the area in question and the nature,
location and dimensions of existing and/or proposed structures, earthen
fill placement, amount and location of excavation material, and storage
of materials or equipment;
(b) For all proposed structures, spot ground elevations at building corners
and 20-foot or smaller intervals along the foundation footprint, or one
foot contour elevations throughout the building site;
(c) Proposed locations of water supply, sanitary sewer, and utilities;
(d) Proposed locations of drainage and stormwater management facilities;
(e) Proposed grading plan;
(f) Base flood elevations and future-conditions flood elevations;
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(g) Boundaries of the base flood floodplain and future-conditions floodplain;
(h) If applicable, the location of the floodway; and
(i) Certification of the above by a registered Professional Engineer or
surveyor.
(2) Building and foundation design detail, including but not limited to:
(a) Elevation in relation to mean sea level (or highest adjacent grade) of the
lowest floor, including basement, of all proposed structures;
(b) Elevation in relation to mean sea level to which any non-residential
structure will be floodproofed;
(c) Certification that any proposed non-residential floodproofed structure
meets the criteria in Section 5(b)(ii);
(d) For enclosures below the base flood elevation, location and total net
area of foundation openings as required in Section 5(a)(v).
(e) Design plans certified by a registered Professional Engineer or architect
for all proposed structure(s).
(3) Description of the extent to which any watercourse will be altered or relocated
as a result of the proposed development;
(4) Hard copies and digital files of computer models, if any, copies of work maps,
comparison of pre-and post development conditions base flood elevations,
future-conditions flood elevations, flood protection elevations, Special Flood
Hazard Areas and regulatory floodway widths, flood profiles and all other
computations and other information similar to that presented in the FIS;
(5) Copies of all applicable State and Federal permits necessary for proposed
development; and
(6) All appropriate certifications required under this ordinance.
The approved floodplain management / flood damage prevention plan shall contain
certification by the applicant that all development activities will be done according to
the plan or previously approved revisions. Any and all development permits and/or
use and occupancy certificates or permits may be revoked at any time if the
construction and development activities are not in strict accordance with approved
plans.
(c) Construction Stage Submittal Requirements
For all new construction and substantial improvements on sites with a floodplain
management/flood damage prevention plan, the permit holder shall provide to the
Manager a certified as-built Elevation Certificate or Floodproofing Certificate for non-
residential construction including the lowest floor elevation or flood-proofing level
immediately after the lowest floor or flood-proofing is completed. A final Elevation
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Certificate shall be provided after completion of construction including final grading of
the site. Any lowest floor certification made relative to mean sea level shall be
prepared by or under the direct supervision of a registered land surveyor or
Professional Engineer and certified by same. When flood-proofing is utilized for non-
residential structures, said certification shall be prepared by or under the direct
supervision of a Professional Engineer and certified by same.
Any work undertaken prior to approval of these certifications shall be at the permit
holder’s risk. The Manager shall review the above referenced certification data
submitted. Deficiencies detected by such review shall be corrected by the permit
holder immediately and prior to further work being allowed to proceed. Failure to
submit certification or failure to make the corrections required hereby shall be cause
to issue a stop work order for the project.
(d) Duties and Responsibilities of the Administrator
Duties of the Manager shall include, but shall not be limited to:
(i) Review all land development applications and permits to assure that the
requirements of this ordinance have been satisfied/and to determine whether
proposed building sites will be reasonably safe from flooding;
(ii) Require that copies of all necessary permits from governmental agencies
from which approval is required by Federal or state law, including section 404
of the Federal Water Pollution Control Act Amendments of 1972,33 U.S.C.
1334, be provided and maintained on file;
(iii) When Base Flood Elevation data or floodway data have not been provided,
then the Manager shall require the applicant to obtain, review and reasonably
utilize any base flood elevation and floodway data available from a Federal,
state or other sources in order to meet the provisions of Sections 4 and 5;
(iv) Review and record the actual elevation in relation to mean sea level (or
highest adjacent grade) of the lowest floor, including basement, of all new or
substantially improved structures;
(v) Review and record the actual elevation, in relation to mean sea level to which
any substantially improved structures have been flood-proofed;
(vi) When flood-proofing is utilized for a structure, the Manager shall obtain
certification of design criteria from a registered Professional Engineer;
(vii) Notify affected adjacent communities and the Georgia Department of Natural
Resources prior to any alteration or relocation of a watercourse and submit
evidence of such notification to the Federal Emergency Management Agency
(FEMA);
(viii) Where interpretation is needed as to the exact location of boundaries of the
Areas of Special Flood Hazard (e.g., where there appears to be a conflict
between a mapped boundary and actual field conditions) the Manager shall
make the necessary interpretation. Any person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation
as provided in this ordinance. Where floodplain elevations have been defined,
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the floodplain shall be determined based on flood elevations rather than the
area graphically delineated on the floodplain maps; and,
(ix) All records pertaining to the provisions of this ordinance shall be maintained
in the office of the Manager, and shall be open for public inspection.
Section 4: Standards for Development.
(a) Definition of Floodplain Boundaries
(i) Studied “A” zones, as identified in the FIS, shall be used to establish base
flood elevations whenever available.
(ii) For all streams with a drainage area of 100 acres or greater, the future-
conditions flood elevations shall be provided by the City of Milton. If future-
conditions elevation data is not available from the City of Milton, then it shall
be determined by a registered Professional Engineer using a method
approved by FEMA and the City of Milton.
(b) Definition of Floodway Boundaries
(i) The width of a floodway shall be determined from the FIS or FEMA approved
flood study. For all streams with a drainage area of 100 acres or greater, the
regulatory floodway shall be provided by the City of Milton. If floodway data
is not available from the City of Milton, then it shall be determined by a
registered Professional Engineer using a method approved by FEMA and the
City of Milton.
(c) General Standards
(i) No construction or structures, including grading, filling, cutting or
displacement of earth shall be allowed within the regulatory floodplain that
could result in any of the following:
(a) Raising the base flood elevation or future-conditions flood elevation
equal to or more than 0.01 foot.
(b) Reducing the base flood or future-conditions regulatory flood storage
capacity.
(c) Changing the flow characteristics as to the depth and velocity of the
waters of the base flood or future-conditions flood as they pass both
the upstream and the downstream boundaries of the property or,
(d) Creating hazardous or erosion-producing velocities, or resulting in
excessive sedimentation.
(ii) Any development within the future-conditions floodplain allowed under (i)
above shall also meet the following conditions:
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(a) Compensation for storage capacity shall occur between the average
ground water table elevation and the base flood elevation for the base
flood, and between the average ground water table elevation and the
future-condition flood elevation for the future-conditions flood, and lie
within the boundaries of ownership of the property being developed
and shall be within the immediate vicinity of the location of the
encroachment. Acceptable means of providing required
compensation include lowering of natural ground elevations within the
floodplain, or lowering of adjoining land areas to create additional
floodplain storage. In no case shall any required compensation be
provided via bottom storage or by excavating below the elevation of
the top of the natural (pre-development) stream channel unless such
excavation results from the widening or relocation of the stream
channel;
(b) Cut areas shall be stabilized and graded to a slope of no less than 2.0
percent;
(c) Effective transitions shall be provided such that flow velocities
occurring on both upstream and downstream properties are not
increased or decreased;
(d) Verification of no-rise conditions (0.01 foot or less), flood storage
volumes, and flow characteristics shall be provided via a step-
backwater analysis meeting the requirements of Section 4(d);
(e) Public utilities and facilities, such as water, sanitary sewer, gas, and
electrical systems, shall be located and constructed to minimize or
eliminate infiltration or contamination from flood waters; and
(f) Any significant physical changes to the base flood floodplain shall be
submitted as a Conditional Letter of Map Revision (CLOMR) or
Conditional Letter of Map Amendment (CLOMA), whichever is
applicable. The CLOMR submittal shall be subject to approval by the
City of Milton Community Development Department using the
Community Consent forms before forwarding the submittal package to
FEMA for final approval. The responsibility for forwarding the CLOMR
to FEMA and for obtaining the CLOMR approval shall be the
responsibility of the applicant. Within six months of the completion of
construction, the applicant shall submit as-built surveys for a final
Letter of Map Revision (LOMR).
(d) Engineering Study Requirements for Floodplain Encroachments
An engineering study is required, as appropriate to the proposed development
activities on the site, whenever a development proposes to disturb any land within
the future-conditions floodplain, except for a residential single-lot development on
streams without established base flood elevations and/or floodways for which the
provisions of Section 5 (d) apply. This study shall be prepared by a currently
registered Professional Engineer in the State of Georgia and made a part of the
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application for a permit. This information shall be submitted to and approved by the
City of Milton Community Development Department prior to the approval of any
permit which would authorize the disturbance of land located within the future-
conditions floodplain. Such study shall include:
(i) Description of the extent to which any watercourse or floodplain will be
altered or relocated as a result of the proposed development;
(ii) Step-backwater analysis, using a method approved by the City of Milton
Community Development Department. Cross-sections (which may be
supplemented by the applicant) and flow information will be obtained
whenever available. Computations will be shown duplicating FIS results and
will then be rerun with the proposed modifications to determine the new base
flood profiles and future-conditions flood profiles;
(iii) Floodplain storage calculations based on cross-sections (at least one every
100 feet) showing existing and proposed floodplain conditions to show
that base flood floodplain and future-conditions floodplain storage capacity
would not be diminished by the development;
(iv) The study shall include a preliminary plat, grading plan, or site plan, as
appropriate, which shall clearly define all future-conditions floodplain
encroachments.
(e) Floodway Encroachments
Located within Areas of Special Flood Hazard are areas designated as floodway. A
floodway may be an extremely hazardous area due to velocity flood waters, debris or
erosion potential. In addition, floodways must remain free of encroachment in order
to allow for the discharge of the base flood without increased flood heights.
Therefore the following provisions shall apply:
(i) Encroachments are prohibited, including earthen fill, new construction,
substantial improvements or other development within the regulatory
floodway, except when required for the construction of bridges, culverts,
roadways and utilities, provided it is demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the encroachment shall not result in any increase to the pre-
project base flood elevations, floodway elevations, or floodway widths during
the base flood discharge. A registered Professional Engineer must provide
supporting technical data and certification thereof; and,
(ii) If the applicant proposes to revise the floodway boundaries, no permit
authorizing the encroachment into or an alteration of the floodway shall be
issued by the City of Milton until an affirmative Conditional Letter of Map
Revision (CLOMR) is issued by FEMA and no-rise certification is approved by
the City of Milton Community Development Department
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(f) Maintenance Requirements
The property owner shall be responsible for continuing maintenance as may be
needed within an altered or relocated portion of a floodplain on his property so
that the flood-carrying or flood storage capacity is not diminished. The City of Milton
may direct the property owner (at no cost to the City of Milton) to restore the flood-
carrying or flood storage capacity of the floodplain if the owner has not performed
maintenance as required by the approved floodplain management plan on file with
the City of Milton Community Development Department.
Section 5: Provisions for Flood Damage Reduction.
(a) General Standards
In all Areas of Special Flood Hazard, the following provisions apply:
(i) New construction of principal buildings (residential or non-residential),
including manufactured homes, shall not be allowed within the limits of the
future-conditions floodplain.
(ii) New construction or substantial improvements of existing structures shall be
anchored to prevent flotation, collapse or lateral movement of the structure;
(iii) New construction or substantial improvements of existing structures shall be
constructed with materials and utility equipment resistant to flood damage;
(iv) New construction or substantial improvements of existing structures shall be
constructed by methods and practices that minimize flood damage;
(v) Elevated Buildings. All new construction and substantial improvements of
existing structures that include any fully enclosed area located below the
lowest floor formed by foundation and other exterior walls shall be designed
so as to be an unfinished and flood resistant enclosure. The enclosure shall
be designed to equalize hydrostatic flood forces on exterior walls by allowing
for the automatic entry and exit of floodwater.
(a) Designs for complying with this requirement must be certified to
comply by a Professional Engineer and meet the following minimum
criteria:
(1) Provide a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher than one foot
above grade; and,
(3) Openings may be equipped with screens, louvers, valves or
other coverings or devices provided they permit the automatic
flow of floodwater in both directions.
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(b) So as not to violate the “Lowest Floor” criteria of this ordinance, the
unfinished or flood resistant enclosure shall only be used for parking
of vehicles, limited storage of maintenance equipment used in
connection with the premises, or entry to the elevated area; and,
(c) The interior portion of such enclosed area shall not be partitioned or
finished into separate rooms.
(vi) All heating and air conditioning equipment and components (including
ductwork), all electrical, ventilation, plumbing, and other service facilities shall
be designed and/or located three (3) feet above the base flood elevation or
one (1) foot above the future conditions flood elevation, whichever is higher
so as to prevent water from entering or accumulating within the components
during conditions of flooding;
(vii) Manufactured homes shall be anchored to prevent flotation, collapse, or
lateral movement. Methods of anchoring may include, but are not limited to,
use of over-the-top or frame ties to ground anchors. This standard shall be in
addition to and consistent with applicable State requirements for resisting
wind forces;
(viii) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(ix) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters;
(x) Onsite waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding; and,
(xi) Any alteration, repair, reconstruction or improvement to a structure which is
not compliant with the provisions of this ordinance, shall be undertaken only if
the non- conformity is not furthered, extended or replaced.
(xii) If the proposed development is located in multiple flood zones or multiple
base flood elevations cross the proposed site, the higher or more restrictive
base flood elevation or future-condition elevation and development standards
shall take precedence.
(b) Building Standards for Structures and Buildings Within the Future-Conditions
Floodplain
(i) Residential Buildings
(a) New construction. New construction of principal buildings, including
manufactured homes shall not be allowed within the limits of the
future-conditions floodplain.
(b) Substantial Improvements. Substantial improvement of any principal
structure or manufactured home shall have the lowest floor, including
basement, elevated no lower than three (3) feet above the base flood
elevation adjacent to the building or at least as high as one (1) foot
above the future conditions flood elevation whichever is highest.
Should solid foundation perimeter walls be used to elevate a
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structure, openings sufficient to equalize the hydrologic flood forces
on exterior walls and facilitate the unimpeded movements of flood
waters shall be provided in accordance with standards of Section 5
(a)(v).
(ii) Non-Residential Buildings
(a) New construction. New construction of principal buildings, including
manufactured homes shall not be allowed within the limits of the
future-conditions floodplain.
(b) Substantial Improvements. Substantial improvement of any principal
non-residential structure located in A1- 30, AE, or AH zones, may be
authorized by the Manager to be flood-proofed in lieu of elevation.
The structure, together with attendant utility and sanitary facilities,
must be designed to be water tight to one (1) foot) above the base
flood elevation, or at least as high as the future-conditions flood
elevation, whichever is highest, with walls substantially impermeable
to the passage of water, and structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered Professional Engineer or architect
shall certify that the design and methods of construction are in
accordance with accepted standards of practice for meeting the
provisions above, and shall provide such certification to the Manager.
(iii) Accessory Structures and Facilities
Accessory structures and facilities (i.e., barns, sheds, gazebos, detached
garages, parking lots, recreational facilities and other similar structures and
facilities) which are permitted to be located within the limits of the floodplain
shall be constructed of flood-resistant materials and designed to pass all
floodwater in accordance with Section 5(a)(v) and anchored to prevent
flotation, collapse, or lateral movement of the structure.
(iv) Standards for Recreational Vehicles
All recreational vehicles placed on sites must either:
(a) Be on the site for fewer than 180 consecutive days and be fully
licensed and ready for highway use, (a recreational vehicle is
ready for highway use if it is licensed, on its wheels or jacking
system, attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached
structures or additions); or
(b) The recreational vehicle must meet all the requirements for
“Residential Buildings—Substantial Improvements”, including
the anchoring and elevation requirements above.
(vi) Standards for Manufactured Homes
(a) New manufactured homes shall not be allowed to be placed
within the limits of the future-conditions floodplain.
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(b) Manufactured homes placed and/or substantially improved in an
existing manufactured home park or subdivision shall be
elevated so that either:
(i) The lowest floor of the manufactured home is elevated no
lower than three (3) feet above the level of the base flood
elevation, or one (1) foot above the future-conditions flood
elevation, whichever is higher; or
(ii) The manufactured home chassis is elevated and
supported by reinforced piers (or other foundation
elements of at least an equivalent strength) of no less than
36 inches in height above grade.
(c) All manufactured homes must be securely anchored to an
adequately anchored foundation system to resist flotation,
collapse and lateral movement in accordance with standards of
Section 5.(a)(vii).
(c) Building Standards for Structures and Buildings Authorized Adjacent to the Future-
Conditions Floodplain
(i) Residential Buildings. For new construction or substantial improvement of
any principal residential building or manufactured home, the elevation of the
lowest floor, including basement and access to the building, shall be at least
three (3) feet above the level of the highest base flood (100 year) elevation
adjacent to the building or, at lease one (1) foot above the future-conditions
flood elevation, whichever is higher.
(ii) Non-Residential Buildings. For new construction or substantial improvement
of any principal non-residential building, the elevation of the lowest floor,
including basement and access to the building, shall be at least three (3) feet
above the level of the highest base flood elevation adjacent to the building or
at least, one (1) foot above the future-conditions flood elevation, whichever is
higher.
(d) Building Standards for Residential Single-Lot Development on Streams without
Established Base Flood Elevations and/or Floodway (A-Zones)
For a residential Single-Lot development not part of a subdivision that has Areas of
Special Flood Hazard, where streams exist but no base flood data have been
provided (A-Zones), the Manager shall review and reasonably utilize any available
scientific or historic flood elevation, data, base flood elevation floodway data or
future-conditions flood elevation data available from a Federal, State, or other
source, in order to administer the provisions and standards of this Ordinance. If
sufficient data are not available from these sources, then the Manager may require a
hydrologic assessment performed by a registered Professional Engineer to
determine the base flood elevation and future-conditions flood elevation.
Development for this situation shall comply with Section 5(a-c) of this Article.
(e) Building Standards for Areas of Shallow Flooding (AO-Zones)
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Areas of Special Flood Hazard may include designated “AO” shallow flooding areas.
These areas have base flood depths of one to three feet (1’-3’) above ground, with
no clearly defined channel. In these areas the following provisions apply:
(i) All substantial improvements of residential and non-residential structures
shall have the lowest floor, including basement, elevated to no lower than one
(1) foot above the flood depth number specified on the Flood Insurance Rate
Map (FIRM), above the highest adjacent grade. If no flood depth number is
specified, the lowest floor, including basement, shall be elevated at least
three (3) feet above the highest adjacent grade. Openings sufficient to
facilitate the unimpeded movements of flood waters shall be provided in
accordance with standards for “Elevated Buildings”
The applicant’s or owner’s engineer shall certify to the Manager the lowest
floor elevation level complies and the record shall become a permanent part
of the permit file;
(ii) Substantial improvement of a non- residential structure may be flood-proofed
in lieu of elevation. The structure, together with attendant utility and sanitary
facilities, must be designed to be water tight to the specified FIRM flood level
plus one (1) foot above the highest adjacent grade, with walls substantially
impermeable to the passage of water, and structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered Professional Engineer or architect shall certify that
the design and methods of construction are in accordance with accepted
standards of practice; and,
(iii) Drainage paths shall be provided to guide floodwater around and away from
any proposed structure.
(f) Standards for Subdivisions
(i) All subdivision proposals shall identify the special flood hazard area and
provide base flood elevation data, and future-conditions flood elevation data.
(ii) All residential lots in a subdivision proposal shall have sufficient buildable
area outside of the future-conditions flood plain such that encroachments into
the future-conditions floodplain for residential structures will not be required.
Buildable area shall not be less than what is required per the Milton Zoning
Ordinance.
(iii) All subdivision plans will provide the elevations of proposed structure(s) in
accordance with Section 3(b).
(iv) All subdivision proposals shall be consistent with the need to minimize
flood damage;
(v) All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize
or eliminate infiltration of flood waters and discharges from the systems into
flood waters; and,
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(vi) All subdivision proposals shall have adequate drainage and stormwater
management facilities per the requirements of the City of Milton to reduce
potential exposure to flood hazards
(g) Standards for Utilities
(i) All new and replacement water supply and sanitary sewerage systems shall
be designed to minimize or eliminate:
(a) infiltration of flood waters into the systems; and,
(b) discharges from the systems into flood waters.
(ii) Onsite waste disposal systems shall be located outside the floodplain to
avoid impairment to them, or contamination from them during flooding.
Section 6: Variance Procedures.
(a) The City of Milton Board of Zoning Appeals shall hear and decide requests for
appeals or variances from the requirements of this ordinance. At a minimum, such
procedures shall include notice to all affected parties and the opportunity to be
heard.
(b) The City of Milton Board of Zoning Appeals shall hear and decide appeals when it is
alleged an error in any requirement, decision, or determination is made by the
Manager in the enforcement or administration of this ordinance. At a minimum, such
procedures shall include notice to all affected parties and the opportunity to be
heard.
(c) Any person aggrieved by the decision of the Board of Zoning Appeals may appeal
such decision to the Superior Court of Fulton County, as provided in Section 5-4-1 of
the Official Code of Georgia Annotated.
(d) All decisions of the Fulton County Board of Zoning Appeals regarding properties
located within the City limits of the City of Milton prior to December 1, 2006 are
hereby adopted and incorporated by reference. Such decisions of the Fulton County
Board of Zoning Appeals will have the same legal effect as if they were decisions of
the City of Milton Board of Zoning Appeals.
(e) Variances may be issued for the repair or rehabilitation of Historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the
structure’s continued designation as a Historic structure and the variance issued
shall be the minimum necessary to preserve the historic character and design of the
structure.
(f) Variances may be issued for development necessary for the conduct of a functionally
dependent use, provided the criteria of this Article are met, no reasonable alternative
exists, and the development is protected by methods that minimize flood damage
during the base flood and create no additional threats to public safety.
(g) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
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(h) In reviewing such requests, the Board of Zoning Appeals shall consider all technical
evaluations, relevant factors, and all standards specified in this and other sections of
this ordinance.
(i) Conditions for Variances:
(i) A variance shall be issued only when there is:
(a) a finding of good and sufficient cause;
(b) a determination that failure to grant the variance would result
in exceptional hardship; and,
(c) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisance, or cause fraud
on or victimization of the public.
(ii) The provisions of this ordinance are minimum standards for flood loss
reduction, therefore any deviation from the standards must be weighed
carefully. Variances shall only be issued upon determination that the variance
is the minimum necessary, considering the flood hazard, to afford relief; and,
in the instance of a Historic structure, a determination that the variance is the
minimum necessary so as not to destroy the historic character and design of
the building.
(iii) Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the elevation
of the proposed lowest floor and stating that the cost of flood insurance will
be commensurate with the increased risk to life and property resulting from
the reduced lowest floor elevation.
(iv) The Manager shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
(j) Upon consideration of the factors listed above and the purposes of this ordinance,
the Board of Zoning Appeals may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this ordinance.
Section 7: Violations, Enforcement, and Penalties.
Any action or inaction which violates the provisions of this ordinance or the requirements of
an approved stormwater management plan or permit, may be subject to the enforcement
actions outlined in this Section. Any such action or inaction which is continuous with respect
to time is deemed to be a public nuisance and may be abated by injunctive or other
equitable relief. The imposition of any of the penalties described below shall not prevent
such equitable relief. The imposition of any of the penalties described below shall not
prevent such equitable relief.
(a). Notice of Violation
If the City of Milton Community Development Department determines that an
applicant or other responsible person has failed to comply with the terms and
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conditions of a permit, an approved stormwater management plan or the provisions
of this ordinance, it shall issue a written notice of violation to such applicant or other
responsible person. Where a person is engaged in activity covered by this ordinance
without having first secured a permit therefore, the notice of violation shall be served
on the owner or the responsible person in charge of the activity being conducted on
the site.
The notice of violation shall contain:
(i) The name and address of the owner or the applicant or the responsible
person;
(ii) The address or other description of the site upon which the violation is
occurring;
(iii) A statement specifying the nature of the violation;
(iv) A description of the remedial measures necessary to bring the action or
inaction into compliance with the permit, the stormwater management plan or
this ordinance and the date for the completion of such remedial action;
(v) A statement of the penalty or penalties that may be assessed against the
person to whom the notice of violation is directed; and,
(vi) A statement that the determination of violation may be appealed to the City of
Milton Community Development Department by filing a written notice of
appeal within thirty (30) days after the notice of violation (except, that in the
event the violation constitutes an immediate danger to public health or public
safety, 24 hours notice shall be sufficient).
(b) Penalties
In the event the remedial measures described in the notice of violation have not been
completed by the date set forth for such completion in the notice of violation, any one
or more of the following actions or penalties may be taken or assessed against the
person to whom the notice of violation was directed. Before taking any of the
following actions or imposing any of the following penalties, the City of Milton
Community Development Department shall first notify the applicant or other
responsible person in writing of its intended action, and shall provide a reasonable
opportunity, of not less than ten (10) days (except, that in the event the violation
constitutes an immediate danger to public health or public safety, 24 hours notice
shall be sufficient) to cure such violation. In the event the applicant or other
responsible person fails to cure such violation after such notice and cure period, the
City of Milton Community Development Department may take any one or more of the
following actions or impose any one or more of the following penalties.
(i) Stop Work Order. The City of Milton Community Development Department
may issue a stop work order which shall be served on the applicant or other
responsible person. The stop work order shall remain in effect until the
applicant or other responsible person has taken the remedial measures set
forth in the notice of violation or has otherwise cured the violation or violations
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described therein, provided the stop work order may be withdrawn or
modified to enable the applicant or other responsible person to take the
necessary remedial measures to cure such violation or violations.
(ii) Withhold Certificate of Occupancy. The City may refuse to issue a certificate
of occupancy for the building or other improvements constructed or being
constructed on the site until the applicant or other responsible person has
taken the remedial measures set forth in the notice of violation or has
otherwise cured the violations described therein.
(iii) Suspension, Revocation or Modification of Permit. The City may suspend,
revoke or modify the permit authorizing the land development project. A
suspended, revoked or modified permit may be reinstated after the applicant
or other responsible person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violations described therein,
provided such permit may be reinstated (upon such conditions as the City of
Milton Community Development Department may deem necessary) to enable
the applicant or other responsible person to take the necessary remedial
measures to cure such violations.
(iv) Civil Penalties. In the event the applicant or other responsible person fails to
take the remedial measures set forth in the notice of violation or otherwise
fails to cure the violations described therein within ten (10) days, or such
greater period as the City of Milton Community Development Department
shall deem appropriate (except, that in the event the violation constitutes an
immediate danger to public health or public safety, 24 hours notice shall be
sufficient) after the Department has taken one or more of the actions
described above, it may impose a penalty not to exceed $1,000 per day
(depending on the severity of the violation) for each day the violation remains
unremedied after receipt of the notice of violation.
(v) Criminal Penalties. For intentional and flagrant violations of this ordinance,
the City of Milton Community Development Department may issue a citation
to the applicant or other responsible person, requiring such person to appear
in magistrate court to answer charges for such violation. Upon conviction,
such person shall be punished by a fine not to exceed $1,000 per day or
imprisonment for 60 days or both. Each act of violation and each day upon
which any violation shall occur shall constitute a separate offense.
Article 4: Illicit Discharge and Illegal Connection.
Section 1: General Provisions.
(a) Purpose and Intent
The purpose of this ordinance is to protect the public health, safety, environment
and general welfare through the regulation of non-stormwater discharges to the City
of Milton separate storm sewer system to the maximum extent practicable as
required by Federal law. This ordinance establishes methods for controlling the
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introduction of pollutants into the City of Milton separate storm sewer system in order
to comply with requirements of the National Pollutant Discharge Elimination System
(NPDES) permit process. The objectives of this ordinance are to:
(i) Regulate the contribution of pollutants to the storm sewer system by
any person;
(ii) Prohibit illicit discharges and illegal connections to the storm sewer
system;
(iii) Prevent non-stormwater discharges, generated as a result of spills,
inappropriate dumping or disposal, to the storm sewer system; and,
(iv) To establish legal authority to carry out all inspection, surveillance, monitoring
and enforcement procedures necessary to ensure compliance with this
ordinance
(b) Applicability
The provisions of this ordinance shall apply throughout the City of Milton.
(c) Compatibility with Other Regulations
This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation, other provision of law. The requirements of this ordinance are in addition
to the requirements of any other ordinance, rule, regulation, or other provision of law,
and where any provision of this ordinance imposes restrictions different from those
imposed by any other ordinance, rule, regulation, or other provision of law, whichever
provision is more restrictive or imposes higher protective standards for human health
or the environment shall control.
(d) Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this ordinance.
(e) Responsibility for Administration
The City of Milton Community Development Department shall administer, implement,
and enforce the provisions of this ordinance.
Section 2: Definitions.
(a) “Accidental Discharge” means a discharge prohibited by this ordinance which occurs
by chance and without planning or thought prior to occurrence.
(b) “Clean Water Act” means the Federal Water Pollution Control Act
(33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
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(c) “Construction Activity” means activities subject to the Georgia Erosion and
Sedimentation Control Act or NPDES General Construction Permits. These include
construction projects resulting in land disturbance. Such activities include but are not
limited to clearing and grubbing, grading, excavating, and demolition.
(d) “Manager” means Manager of City of Milton Community Development Department.
(e) “Illicit Discharge” means any direct or indirect non-stormwater discharge to the
(municipal/county) separate storm sewer system, except as exempted in Section 3
of this ordinance.
(f) “Illegal Connection” means either of the following:
(i) Any pipe, open channel, drain or conveyance, whether on the surface
or subsurface, which allows an illicit discharge to enter the storm drain
system including but not limited to any conveyances which allow any non-
stormwater discharge including sewage, process wastewater, and wash
water to enter the storm drain system, regardless of whether such pipe, open
channel, drain or conveyance has been previously allowed, permitted, or
approved by an authorized enforcement agency; or
(ii) Any pipe, open channel, drain or conveyance connected to the Milton
separate storm sewer system which has not been documented in plans,
maps, or equivalent records and approved by an authorized enforcement
agency.
(f) “Industrial Activity” means activities subject to NPDES Industrial Permits as defined
in 40 CFR, Section 122.26 (b)(14).
(g) “National Pollutant Discharge Elimination System (NPDES) Storm Water
Discharge Permit” means a permit issued by the Georgia EPD under authority
delegated pursuant
to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the
United States, whether the permit is applicable on an individual, group, or general
area-wide basis.
(h) “City of Milton Separate Storm Sewer System” means any facility designed or used
for collecting and/or conveying stormwater, including but not limited to any roads with
drainage systems, highways, City of Milton streets, curbs, gutters, inlets, catch
basins, piped storm drains, pumping facilities, structural stormwater controls, ditches,
swales, natural and man-made or altered drainage channels, reservoirs, and other
drainage structures, and which is:
(i) Owned or maintained by the City;
(ii) Not a combined sewer; and
(iii) Not part of a publicly-owned treatment works.
(i) “Non-Stormwater Discharge” means any discharge to the storm drain system that is
not composed entirely of stormwater.
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(j) “Person” means, except to the extent exempted from this ordinance, any individual,
partnership, firm, association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility, cooperative, city,
county or other political subdivision of the State, any interstate body or any other
legal entity.
(k) “Pollutant” means anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; petroleum
hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or
otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned
objects and accumulations, so that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage,
fecal coliform and pathogens; dissolved and particulate metals; animal wastes;
wastes and residues that result from constructing a building or structure; concrete
and cement; and noxious or offensive matter of any kind.
(l) “Pollution” means the contamination or other alteration of any water’s physical,
chemical or biological properties by the addition of any constituent and includes but
is not limited to, a change in temperature, taste, color, turbidity, or odor of such
waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance
into any such waters as will or is likely to create a nuisance or render such waters
harmful, detrimental or injurious to the public health, safety, welfare, or environment,
or to domestic, commercial, industrial, agricultural, recreational, or other legitimate
beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
(m) “Premises” mean any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
(n) “State Waters” means any and all rivers, streams, creeks, branches, lakes,
reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and
subsurface water, natural or artificial, lying within or forming a part of the boundaries
of the State of Georgia which are not entirely confined and retained completely upon
the property of a single person.
(o) “Stormwater Runoff” or “Stormwater” means any surface flow, runoff, and drainage
consisting entirely of water from any form of natural precipitation, and resulting from
such precipitation.
(p) “Structural Stormwater Control” means a structural stormwater management facility
or device that controls stormwater runoff and changes the characteristics of that
runoff including, but not limited to, the quantity and quality, the period of release or
the velocity of flow.
Section 3: Prohibitions.
(a) Prohibition of Illicit Discharges
No person shall throw, drain, or otherwise discharge, cause, or allow others under its
control to throw, drain, or otherwise discharge into the City of Milton separate storm
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sewer system any pollutants or waters containing any pollutants, other than
stormwater.
The following discharges are exempt from the prohibition provision above:
(i) Water line flushing performed by a government agency, other potable water
sources, landscape irrigation or lawn watering, diverted stream flows, rising
ground water, ground water infiltration to storm drains, uncontaminated
pumped ground water, foundation or footing drains (not including active
groundwater dewatering systems), crawl space pumps, air conditioning
condensation, springs, natural riparian habitat or wetland flows, and any other
water source not containing pollutants;
(ii) Discharges or flows from fire fighting, and other discharges specified in
writing by the Manager as being necessary to protect public health and
safety;
(iii) The prohibition provision above shall not apply to any non-stormwater
discharge permitted under an NPDES permit or order issued to the
discharger and administered under the authority of the State and the Federal
Environmental Protection Agency, provided that the discharger is in full
compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has been
granted for any discharge to the City of Milton separate storm sewer system.
(b) Prohibition of Illegal Connections
The construction, connection, use, maintenance or continued existence of any illegal
connection to the storm sewer system is prohibited.
(i) This prohibition expressly includes, without limitation, illegal connections
made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
(ii) A person violates this ordinance if the person connects a line conveying
sewage to the storm sewer system, or allows such a connection to continue.
(iii) Improper connections in violation of this ordinance must be disconnected and
redirected, if necessary, to an approved onsite wastewater management
system or the sanitary sewer system upon approval of the Public Works
Department.
(iv) Any drain or conveyance that has not been documented in plans, maps or
equivalent, and which may be connected to the storm sewer system, shall be
located by the owner or occupant of that property upon receipt of written
notice of violation from the City of Milton Community Development
Department requiring that such locating be completed. Such notice will
specify a reasonable time period within which the location of the drain or
conveyance is to be completed, that the drain or conveyance be identified as
storm sewer, sanitary sewer or other, and that the outfall location or point of
connection to the storm sewer system, sanitary sewer system or other
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discharge point be identified. Results of these investigations are to be
documented and provided to the Community Development Department.
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Section 4: Industrial or Construction Activity Discharges.
Any person subject to an industrial or construction activity NPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the City of Milton
Community Development Department prior to allowing discharges to the municipal
separate storm sewer system.
Section 5: Access and Inspection of Properties and Facilities.
The City of Milton Community Development Department shall be permitted to enter and
inspect properties and facilities at reasonable times as often as may be necessary to
determine compliance with this ordinance.
(a) If a property or facility has security measures in force which require proper
identification and clearance before entry into its premises, the owner or operator
shall make the necessary arrangements to allow access to representatives of the
City of Milton Community Development Department.
(b) The owner or operator shall allow the City of Milton Community Development
Department ready access to all parts of the premises for the purposes of inspection,
sampling, photography, videotaping, examination and copying of any records that
are required under the conditions of an NPDES permit to discharge stormwater.
(c) The City of Milton Community Development Department shall have the right to set up
on any property or facility such devices as are necessary in the opinion of the
Department to conduct monitoring and/or sampling of flow discharges.
(d) The City of Milton Community Development Department may require the owner or
operator to install monitoring equipment and perform monitoring as necessary, and
make the monitoring data available to the its designees. This sampling and
monitoring equipment shall be maintained at all times in a safe and proper operating
condition by the owner or operator at his/her own expense. All devices used to
measure flow and quality shall be calibrated to ensure their accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to the property or
facility to be inspected and/or sampled shall be promptly removed by the owner or
operator at the written or oral request of the City of Milton Community Development
Department and shall not be replaced. The costs of clearing such access shall be
borne by the owner or operator.
(f) Unreasonable delays in allowing the City of Milton Community Development
Department access to a facility is a violation of this ordinance.
(g) If the City of Milton Community Development Department has been refused access
to any part of the premises from which stormwater is discharged, and the
Department is able to demonstrate probable cause to believe that there may be a
violation of this ordinance, or that there is a need to inspect and/or sample as part of
a routine inspection and sampling program designed to verify compliance with this
ordinance or any order issued hereunder, or to protect the overall public health,
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safety, environment and welfare of the community, then the Community
Development Department may seek issuance of a search warrant from any court of
competent jurisdiction.
Section 6: Notification of Accidental Discharges and Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility,
activity or operation, or responsible for emergency response for a facility, activity or
operation has information of any known or suspected release of pollutants or non-
stormwater discharges from that facility or operation which are resulting or may result in illicit
discharges or pollutants discharging into stormwater, the (City of Milton) separate storm
sewer system, State Waters, or Waters of the U.S., said person shall take all necessary
steps to ensure the discovery, containment, and cleanup of such release so as to minimize
the effects of the discharge. .
Said person shall notify the authorized enforcement agency in person or by phone, facsimile
or in person no later than 24 hours of the nature, quantity and time of occurrence of the
discharge. Notifications in person or by phone shall be confirmed by written notice
addressed and mailed to the City of Milton Community Development Department within
three business days of the phone or in person notice. If the discharge of prohibited materials
emanates from a commercial or industrial establishment, the owner or operator of such
establishment shall also retain an onsite written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least three years. Said
person shall also take immediate steps to ensure no recurrence of the discharge or spill.
In the event of such a release of hazardous materials, emergency response agencies and/or
other appropriate agencies shall be immediately notified.
Failure to provide notification of a release as provided above is a violation of this ordinance.
Section 7: Violations, Enforcement and Penalties.
(a) Violations
It shall be unlawful for any person to violate any provision or fail to comply with any
of the requirements of this Ordinance. Any person who has violated or continues to
violate the provisions of this ordinance, may be subject to the enforcement actions
outlined in this section or may be restrained by injunction or otherwise abated in a
manner provided by law.
In the event the violation constitutes an immediate danger to public health or public
safety, the City of Milton Community Development Department is authorized to enter
upon the subject private property, without giving prior notice, to take any and all
measures necessary to abate the violation and/or restore the property. The
Community Development Department is authorized to seek costs of the abatement
as outlined in Section 7.5.
(b) Notice of Violation
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Whenever the City of Milton Community Development Department finds that a
violation of this ordinance has occurred, the Department may order compliance by
written notice of violation.
(i) The notice of violation shall contain:
(A) The name and address of the alleged violator;
(B) The address when available or a description of the building,
structure or land upon which the violation is occurring, or has
occurred;
(C) A statement specifying the nature of the violation;
(D) A description of the remedial measures necessary to restore
compliance with this ordinance and a time schedule for the completion
of such remedial action;
(E) A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed; and,
(F) A statement that the determination of violation may be appealed to the
City of Milton Community Development Department by filing a written
notice of appeal within thirty (30) days of service of notice of violation.
(ii) Such notice may require without limitation:
(A) The performance of monitoring, analyses, and reporting;
(B) The elimination of illicit discharges and illegal connections;
(C) That violating discharges, practices, or operations shall cease and
desist;
(D) The abatement or remediation of stormwater pollution or
contamination hazards and the restoration of any affected property;
(E) Payment of costs to cover administrative and abatement costs; and,
(F) The implementation of pollution prevention practices.
(c) Appeal of Notice of Violation
Any person receiving a Notice of Violation may appeal the determination of the City
of Milton Community Development Department. The notice of appeal must be
received within thirty (30) days from the date of the Notice of Violation. Hearing on
the appeal before the Manager or his/her designee shall take place within 15 days
from the date of receipt of the notice of appeal. The decision of the appropriate
authority or their designee shall be final.
(d) Enforcement Measures After Appeal
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If the violation has not been corrected pursuant to the requirements set forth in the
Notice of Violation, or, in the event of an appeal, within 30 days of the decision of the
appropriate authority upholding the decision of the City of Milton Community
Development Department, then representatives of the Department may enter upon
the subject private property and are authorized to take any and all measures
necessary to abate the violation and/or restore the property. It shall be unlawful for
any person, owner, agent or person in possession of any premises to refuse to allow
the government agency or designated contractor to enter upon the premises for the
purposes set forth above.
(e) Costs of Abatement of the Violation
Within 60 days after abatement of the violation, the owner of the property will be
notified of the cost of abatement, including administrative costs. The property owner
may file a written protest objecting to the assessment or to the amount of the
assessment within 30 days of such notice. If the amount due is not paid within thirty
(30) days after receipt of the notice, or if an appeal is taken, within thirty (30) days
after a decision on said appeal, the charges shall become a special assessment
against the property and shall constitute a lien on the property for the amount of the
assessment.
Any person violating any of the provisions of this article shall become liable to the
City of Milton by reason of such violation.
(f) Civil Penalties
In the event the alleged violator fails to take the remedial measures set forth in the
notice of violation or otherwise fails to cure the violations described therein within ten
days, or such greater period as the City of Milton Community Development
Department shall deem appropriate, after the Department has taken one or more of
the actions described above, the Department may impose a penalty not to exceed
$1,000 (depending on the severity of the violation) for each day the violation remains
unremedied after receipt of the notice of violation.
(g) Criminal Penalties
For intentional and flagrant violations of this ordinance, the City of Milton Community
Development Department may issue a citation to the alleged violator requiring such
person to appear in magistrate court to answer charges for such violation. Upon
conviction, such person shall be punished by a fine not to exceed $1,000 or
imprisonment for 60 days or both. Each act of violation and each day upon which any
violation shall occur shall constitute a separate offense.
(h) Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties provided, any condition
caused or permitted to exist in violation of any of the provisions of this ordinance is a
threat to public health, safety, welfare, and environment and is declared and deemed
a nuisance, and may be abated by injunctive or other equitable relief as provided by
law.
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(i) Remedies Not Exclusive
The remedies listed in this ordinance are not exclusive of any other remedies
available under any applicable Federal, State or local law and the City of Milton
Community Development Department may seek cumulative remedies.
The City of Milton Community Development Department may recover attorney’s fees,
court costs, and other expenses associated with enforcement of this ordinance,
including sampling and monitoring expenses.
Article 5: Post-Development Stormwater Management for New Development and
Redevelopment.
Section 1: General Provisions.
(a) Purpose and Intent
The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of increased post-development stormwater
runoff and nonpoint source pollution associated with new development and
redevelopment. It has been determined that proper management of post-
development stormwater runoff will minimize damage to public and private property
and infrastructure, safeguard the public health, safety, environment and general
welfare of the public, and protect water and aquatic resources. This ordinance seeks
to meet that purpose through the following objectives:
(i) Establish decision-making processes surrounding land development
activities that protect the integrity of the watershed and preserve the health of
water resources;
(ii) Require that new development and redevelopment maintain the pre-
development hydrologic response in their post-development state as nearly
as practicable in order to reduce flooding, streambank erosion, nonpoint
source pollution and increases in stream temperature, and maintain the
integrity of stream channels and aquatic habitats;
(iii) Establish minimum post-development stormwater management standards
and design criteria for the regulation and control of stormwater runoff quantity
and quality;
(iv) Establish design and application criteria for the construction and use of
structural stormwater control facilities that can be used to meet the minimum
post-development stormwater management standards;
(v) Encourage the use of nonstructural stormwater management and stormwater
better site design practices, such as the preservation of greenspace and
other conservation areas, to the maximum extent practicable. Coordinate site
design plans, which include greenspace, with the county’s greenspace
protection plan;
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(vi) Establish provisions for the long-term responsibility for and maintenance of
structural stormwater control facilities and nonstructural stormwater
management practices to ensure that they continue to function as designed,
are maintained, and pose no threat to public safety; and,
(vii) Establish administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, and for the inspection of
approved active projects, and long-term follow up.
(b) Applicability
(i) This ordinance shall be applicable to all land development, including, but not
limited to, site plan applications, subdivision applications, and grading
applications, unless exempt pursuant to Subsection 2 below. These
standards apply to any new development or redevelopment site that meets
one or more of the following criteria; or as other wise required by the
Manager;
(A) New development that involves the creation of 5,000 square
feet or more of impervious cover, or that involves other land
development activities of 5,000 square feet or more;
(B) Redevelopment that includes the creation, addition or
replacement of 5,000 square feet or more of impervious cover, or that
involves other land development activity of 5,000 square feet or more;
(C) Any new development or redevelopment, regardless of size, that is
defined by the Manager to be a hotspot land use; or,
(D) Land development activities that are smaller than the minimum
applicability criteria set forth in items A and B above if such activities
are part of a larger common plan of development, even though
multiple, separate and distinct land development activities may take
place at different times on different schedules.
(ii) The following activities are exempt from this ordinance:
(A) Agricultural or silvicultural land management activities within areas
zoned for these activities; and,
(B) Repairs to any stormwater management facility or practice deemed
necessary by the Manager.
(c) Designation of Ordinance Administrator
The Manager or a designee is hereby appointed to administer and implement the
provisions of this ordinance.
(d) Compatibility with Other Regulations
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This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in
addition to the requirements of any other ordinance, rule, regulation or other
provision of law, and where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher protective
standards for human health or the environment shall control.
(e) Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this ordinance.
(f) Stormwater Design Manual
The City of Milton will utilize the policy, criteria and information including technical
specifications and standards in the latest edition of the Georgia Stormwater
Management Manual and any relevant City addenda (or equivalent City stormwater
management design manual), for the proper implementation of the requirements of
this ordinance. The manual may be updated and expanded periodically, based on
improvements in science, engineering, monitoring and local maintenance
experience.
Section 2: Definitions.
(a) “Applicant” means a person submitting a post-development stormwater management
application and plan for approval.
(b) “Channel” means a natural or artificial watercourse with a definite bed and banks that
conducts continuously or periodically flowing water.
(c) “Conservation Easement” means an agreement between a land owner and the
City of Milton or other government agency or land trust that permanently protects
open space or greenspace on the owner’s land by limiting the amount and type of
development that can take place, but continues to leave the remainder of the fee
interest in private ownership.
(d) “Detention” means the temporary storage of stormwater runoff in a stormwater
management facility for the purpose of controlling the peak discharge.
(e) “Detention Facility” means a detention basin or structure designed for the detention
of stormwater runoff and gradual release of stored water at controlled rates.
(f) “Developer” means a person who undertakes land development activities.
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(g) “Development” means a land development or land development project.
(h) “Manager” means Manager of City of Milton Community Development Department
(i) “Drainage Easement” means an easement appurtenant or attached to a tract or
parcel of land allowing the owner of adjacent tracts or other persons to discharge
stormwater runoff onto the tract or parcel of land subject to the drainage easement.
(j) “Erosion and Sedimentation Control Plan” means a plan that is designed to minimize
the accelerated erosion and sediment runoff at a site during land disturbance
activities.
(k) “Extended Detention” means the detention of stormwater runoff for an extended
period, typically 24 hours or greater.
(l) “Extreme Flood Protection” means measures taken to prevent adverse impacts from
large low-frequency storm events with a return frequency of 100 years or more.
(m) “Flooding” means a volume of surface water that is too great to be confined within
the banks or walls of a conveyance or stream channel and that overflows onto
adjacent lands.
(n) “Greenspace” or “Open Space” means permanently protected areas of the site that
are preserved in a natural state.
(o) “Hotspot” means an area where the use of the land has the potential to generate
highly contaminated runoff, with concentrations of pollutants in excess of those
typically found in stormwater.
(p) “Hydrologic Soil Group (HSG)” means a Natural Resource Conservation Service
classification system in which soils are categorized into four runoff potential groups.
The groups range from group A soils, with high permeability and little runoff
produced, to group D soils, which have low permeability rates and produce much
more runoff.
(q) “Impervious Cover” means a surface composed of any material that significantly
impedes or prevents the natural infiltration of water into soil. Impervious surfaces
include, but are not limited to, rooftops, buildings, streets and roads, and any
concrete or asphalt surface.
(r) “Industrial Stormwater Permit” means a National Pollutant Discharge Elimination
System (NPDES) permit issued to an industry or group of industries which regulates
the pollutant levels associated with industrial stormwater discharges or specifies
onsite pollution control strategies.
(s) “Infiltration” means the process of percolating stormwater runoff into the subsoil.
(t) “Jurisdictional Wetland” means an area that is inundated or saturated by surface
water
or groundwater at a frequency and duration sufficient to support a prevalence of
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vegetation typically adapted for life in saturated soil conditions, commonly known
as hydrophytic vegetation.
(u) “Land Development” means any land change, including, but not limited to, clearing,
digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating,
transporting and filling of land, construction, paving, and any other installation of
impervious cover.
(v) “Land Development Activities” means those actions or activities which comprise,
facilitate or result in land development.
(w) “Land Development Project” means a discrete land development undertaking.
(x) “Inspection and Maintenance Agreement” means a written agreement providing for
the long-term inspection and maintenance of stormwater management facilities and
practices on a site or with respect to a land development project, which when
properly recorded in the deed records constitutes a restriction on the title to a site or
other land involved in a land development project.
(y) “New Development” means a land development activity on a previously
undeveloped site.
(z) “Nonpoint Source Pollution” means a form of water pollution that does not originate
from a discrete point such as a sewage treatment plant or industrial discharge, but
involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy
metals, oil, grease, bacteria, organic materials and other contaminants from land to
surface water and groundwater via mechanisms such as precipitation, stormwater
runoff, and leaching. Nonpoint source pollution is a by-product of land use practices
such as agricultural, silvicultural, mining, construction, subsurface disposal and
urban runoff sources.
(aa) “Nonstructural Stormwater Management Practice” or “Nonstructural Practice” means
any natural or planted vegetation or other nonstructural component of the stormwater
management plan that provides for or enhances stormwater quantity and/or quality
control or other stormwater management benefits, and includes, but is not limited to,
riparian buffers, open and greenspace areas, overland flow filtration areas, natural
depressions, and vegetated channels.
(bb) “Offsite Facility” means a stormwater management facility located outside the
boundaries of the site.
(cc) “Onsite Facility” means a stormwater management facility located within the
boundaries of the site.
(dd) “Overbank Flood Protection” means measures taken to prevent an increase in the
frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the
capacity of the channel and enter the floodplain), and that are intended to protect
downstream properties from flooding for the 2-year through 25-year frequency
storm events.
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(ee) “Owner” means the legal or beneficial owner of a site, including but not limited to, a
mortgagee or vendee in possession, receiver, executor, trustee, lessee or other
person, firm or corporation in control of the site.
(ff) “Permit” means the permit issued by the City of Milton to the applicant which is
required for undertaking any land development activity.
(gg) “Person” means, except to the extent exempted from this ordinance, any individual,
partnership, firm, association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility, cooperative, city,
county or other political subdivision of the State, any interstate body or any other
legal entity.
(hh) “Post-development” refers to the time period, or the conditions that may reasonably
be expected or anticipated to exist, after completion of the land development activity
on a site as the context may require.
(ii) “Pre-development” refers to the time period, or the conditions that exist, on a site
prior to the commencement of a land development project and at the time that plans
for the land development of a site are approved by the plan approving authority.
Where phased development or plan approval occurs (preliminary grading, roads and
utilities, etc.), the existing conditions at the time prior to the first item being approved
or permitted shall establish pre-development conditions.
(jj) “Project” means a land development project.
(kk) “Redevelopment” means a land development project on a previously developed site,
but excludes ordinary maintenance activities limited to , remodeling of existing
buildings, resurfacing of paved areas, and exterior changes or improvements which
do not materially increase or concentrate stormwater runoff, or cause additional
nonpoint source pollution.
(ll) “Regional Stormwater Management Facility” or “Regional Facility” means stormwater
management facilities designed to control stormwater runoff from multiple properties,
where the owners or developers of the individual properties may assist in the
financing of the facility, and the requirement for onsite controls is either eliminated or
reduced.
(mm) “Runoff” means stormwater runoff.
(nn) “Site” means the parcel of land being developed, or the portion thereof on which the
land development project is located.
(oo) “Stormwater Better Site Design” means nonstructural site design approaches and
techniques that can reduce a site’s impact on the watershed and can provide for
nonstructural stormwater management. Stormwater better site design includes
conserving and protecting natural areas and greenspace, reducing impervious cover
and using natural features for stormwater management.
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(pp) “Stormwater Management” means the collection, conveyance, storage, treatment
and disposal of stormwater runoff in a manner intended to prevent increased flood
damage, streambank channel erosion, habitat degradation and water quality
degradation as determined by engineering studies, in a manner which enhances and
promotes the public health, safety and general welfare.
(qq) “Stormwater Management Facility” means any infrastructure that effects stormwater
management and which controls or conveys stormwater runoff.
(rr) “Stormwater Management Measure” means any stormwater management facility or
nonstructural stormwater practice.
(ss) “Stormwater Management Plan” means a document describing how existing runoff
characteristics will be affected by a land development project and containing
measures for complying with the provisions of this ordinance.
(tt) “Stormwater Management System” means the entire set of structural and
nonstructural stormwater management facilities and practices that are used to
capture, convey and control the quantity and quality of the stormwater runoff from a
site.
(uu) “Stormwater Retrofit” means a stormwater management practice designed for a
currently developed site that previously had either no stormwater management
practice in place or a practice inadequate to meet the stormwater management
requirements of the site.
(vv) “Stormwater Runoff” means the flow of surface water resulting from precipitation.
(ww) “Structural Stormwater Control” means a structural stormwater management facility
or device that controls stormwater runoff and changes the characteristics of that
runoff including, but not limited to, the quantity and quality, the period of release or
the velocity of flow of such runoff.
(xx) “Subdivision” means the division of a tract or parcel of land resulting in one or more
new lots or building sites for the purpose, whether immediately or in the future, of
sale, other transfer of ownership or land development, and includes divisions of land
resulting from or made in connection with the layout or development of a new street
or roadway or a change in an existing street or roadway.
Section 3: Permit Procedures and Requirements.
(a) Permit Application Requirements
No owner or developer shall perform any land development activities without first
meeting the requirements of this ordinance prior to commencing the proposed
activity.
Unless specifically exempted by this ordinance, any owner or developer proposing a
land development activity shall submit to the City of Milton Community Development
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Department a permit application on a form provided by the City for that purpose or as
part of the land disturbance or building permitting process.
Unless otherwise exempted by this ordinance, a permit application shall be
accompanied by the following items in order to be considered:
(i) Stormwater concept plan and consultation meeting certification in accordance
with Section 3(b);
(ii) Stormwater management plan in accordance with Section 3( c );
(iii) Inspection and maintenance agreement in accordance with Section 3(d),
if applicable;
(iv) Performance bond or surety, if deemed applicable; and,
(v) Permit application and plan review fees in accordance with Section 3(f).
(b) Stormwater Concept Plan and Consultation Meeting
Before any stormwater management permit application is submitted, it is
recommended that the land owner or developer shall meet with the City of Milton
Community Development Department for a consultation meeting on a concept plan
for the post-development stormwater management system to be utilized in the
proposed land development project. This consultation meeting shall take place at the
time of the preliminary plan of subdivision or other early step in the development
process. The purpose of this meeting is to discuss the post-development stormwater
management measures necessary for the proposed project, as well as to discuss
and assess constraints, opportunities and potential ideas for stormwater
management designs before the formal site design engineering is commenced.
To accomplish this goal the following information shall be included in the concept
plan which shall be submitted in advance of the meeting:
(i) Existing Conditions/Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a
minimum: existing and proposed topography; perennial and intermittent
streams; mapping of predominant soils from soil surveys (when available);
limits of existing predominant vegetation and proposed limits of clearing and
grading; and location of existing and proposed roads, buildings, parking areas
and other impervious surfaces.
(ii) Natural Resources Inventory
A written or graphic inventory of the natural resources at the site and
surrounding area as it exists prior to the commencement of the project. This
description should include a discussion of soil conditions, forest cover,
topography, potential wetlands, and other native vegetative areas on the site,
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as well as the location and limits of other natural feature protection and
conservation areas such as jurisdictional wetlands, lakes, ponds, floodplains,
state waters, stream buffers and other setbacks (e.g., drinking water well
setbacks, septic setbacks, etc.). Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or
constraints for development.
(iii) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post-development
stormwater management system including: preliminary selection and location
of proposed structural stormwater controls; location of existing and proposed
conveyance systems such as grass channels, swales, and storm drains; flow
paths; location of floodplain/floodway limits; relationship of site to upstream
and downstream properties and drainages; and preliminary location of
proposed stream channel modifications, such as bridge or culvert crossings.
Local watershed plans, the City greenspace projection plan (if applicable),
and any relevant resource protection plans will be consulted in the discussion
of the concept plan.
(c) Stormwater Management Plan Requirements
The stormwater management plan shall detail how post-development stormwater
runoff will be controlled or managed and how the proposed project will meet the
requirements of this ordinance, including the performance criteria set forth in Section
4 below.
This plan shall be in accordance with the criteria established in this section and must
be submitted with the stamp and signature of a Professional Engineer (PE) licensed
in the state of Georgia, who must verify that the design of all stormwater
management facilities and practices meet the submittal requirements outlined in the
submittal checklist(s) found in the Stormwater Design Manual.
The stormwater management plan must ensure that the requirements and criteria in
this ordinance are being complied with and that opportunities are being taken to
minimize adverse post-development stormwater runoff impacts from the
development. The plan shall consist of maps, narrative, and supporting design
calculations (hydrologic and hydraulic) for the proposed stormwater management
system. The plan shall include all of the information required in the Stormwater
Management Site Plan checklist found in the Stormwater Design Manual. This
includes:
(i) Common address and legal description of site
(ii) Vicinity Map
(iii) Existing Conditions Hydrologic Analysis
The existing condition hydrologic analysis for stormwater runoff rates,
volumes, and velocities, which shall include: a topographic map of existing
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site conditions with the drainage basin boundaries indicated; acreage, soil
types and land cover of areas for each subbasin affected by the project; all
perennial and intermittent streams and other surface water features; all
existing stormwater conveyances and structural control facilities; direction of
flow and exits from the site; analysis of runoff provided by offsite areas
upstream of the project site; and methodologies, assumptions, site
parameters and supporting design calculations used in analyzing the existing
conditions site hydrology. For redevelopment sites, predevelopment
conditions shall be modeled using guidelines established by the Manager for
the portion of the site undergoing land development activities.
(iv) Post-Development Hydrologic Analysis
The post-development hydrologic analysis for stormwater runoff rates,
volumes, and velocities, which shall include: a topographic map of developed
site conditions with the post-development drainage basin boundaries
indicated; total area of post-development impervious surfaces and other land
cover areas for each subbasin affected by the project; calculations for
determining the runoff volumes that need to be addressed for each subbasin
for the development project to meet the post-development stormwater
management performance criteria in Section 4; location and boundaries of
proposed natural feature protection and conservation areas; documentation
and calculations for any applicable site design credits that are being utilized;
methodologies, assumptions, site parameters and supporting design
calculations used in analyzing the existing conditions site hydrology. If the
land development activity on a redevelopment site constitutes more than 50
percent of the site area for the entire site, then the performance criteria in
Section 4 must be met for the stormwater runoff from the entire site.
(v) Stormwater Management System
The description, scaled drawings and engineering design calculations for the
proposed post-development stormwater management system, which shall
include: A map and/or drawing or sketch of the stormwater management
facilities, including the location of nonstructural site design features and the
placement of existing and proposed structural stormwater controls, including
design water surface elevations, storage volumes available from zero to
maximum head, location of inlet and outlets, location of bypass and discharge
systems, and all orifice/restrictor sizes; a narrative describing how the
selected structural stormwater controls will be appropriate and effective;
cross-section and profile drawings and design details for each of the
structural stormwater controls in the system, including supporting calculations
to show that the facility is designed according to the applicable design
criteria; a hydrologic and hydraulic analysis of the stormwater management
system for all applicable design storms (including stage-storage or outlet
rating curves, and inflow and outflow hydrographs); documentation and
supporting calculations to show that the stormwater management system
adequately meets the post-development stormwater management
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performance criteria in Section 4; drawings, engineering design calculations,
elevations and hydraulic grade lines for all existing and proposed stormwater
conveyance elements including stormwater drains, pipes, culverts, catch
basins, channels, swales and areas of overland flow; and where applicable, a
narrative describing how the stormwater management system corresponds
with any watershed protection plans and/or local greenspace protection plan.
(vi) Post-Development Downstream Analysis
A downstream peak flow analysis which includes the assumptions, results
and supporting engineering calculations to show safe passage of post-
development design flows downstream. The analysis of downstream
conditions in the report shall address each and every point or area along the
project site’s boundaries at which runoff will exit the property. The analysis
shall focus on the portion of the drainage channel or watercourse immediately
downstream from the project. This area shall extend downstream from the
project to a point in the drainage basin where the project area is 10 percent of
the total basin area. In calculating runoff volumes and discharge rates,
consideration may need to be given to any planned future upstream land use
changes. The analysis shall be in accordance with the stormwater design
manual.
(vii) Construction-Phase Erosion and Sedimentation Control Plan
An erosion and sedimentation control plan in accordance with the Georgia
Erosion and Sedimentation Control Act or NPDES Permit for Construction
Activities. The plan shall also include information on the sequence/phasing of
construction and temporary stabilization measures and temporary structures
that will be converted into permanent stormwater controls.
(viii) Landscaping and Open Space Plan
A detailed landscaping and vegetation plan describing the woody and
herbaceous vegetation that will be used within and adjacent to stormwater
management facilities and practices. The landscaping plan must also include:
the arrangement of planted areas, natural and greenspace areas and other
landscaped features on the site plan; information necessary to construct the
landscaping elements shown on the plan drawings; descriptions and
standards for the methods, materials and vegetation that are to be used in
the construction; density of plantings; descriptions of the stabilization and
management techniques used to establish vegetation; and a description of
who will be responsible for ongoing maintenance of vegetation for the
stormwater management facility and what practices will be employed to
ensure that adequate vegetative cover is preserved.
(ix) Operations and Maintenance Plan
Detailed description of ongoing operations and maintenance procedures for
stormwater management facilities and practices to ensure their continued
function as designed and constructed or preserved. These plans will identify
the parts or components of a stormwater management facility or practice that
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need to be regularly or periodically inspected and maintained, and the
equipment and skills or training necessary. The plan shall include an
inspection and maintenance schedule, maintenance tasks, responsible
parties for maintenance, funding, access and safety issues. Provisions for the
periodic review and evaluation of the effectiveness of the maintenance
program and the need for revisions or additional maintenance procedures
shall be included in the plan.
(x) Maintenance Access Easements
The applicant must ensure access for the parties responsible for
maintenance, from public right-of-way to stormwater management facilities
and practices requiring regular maintenance at the site for the purpose of
inspection and repair by securing all the maintenance access easements
needed on a permanent basis. Such access shall be sufficient for all
necessary equipment for maintenance activities. Upon final inspection and
approval, a plat or document indicating that such easements exist shall be
recorded and shall remain in effect even with the transfer of title of the
property.
(xi) Inspection and Maintenance Agreements
Unless an onsite stormwater management facility or practice is dedicated to
and accepted by the City of Milton Community Development Department as
provided in Section (3) (d) below, the applicant must execute an easement
and an inspection and maintenance agreement binding on all subsequent
owners of land served by an onsite stormwater management facility or
practice in accordance Section (3) (d).
(xii) Evidence of Acquisition of Applicable Local and Non-local Permits
The applicant shall certify and provide documentation to the City of Milton
Community Development Department that all other applicable environmental
permits have been acquired for the site prior to approval of the stormwater
management plan.
(d) Stormwater Management Inspection and Maintenance Agreements
Prior to the issuance of any permit for a land development activity requiring a
stormwater management facility or practice hereunder and for which the City of
Milton Community Development Department requires ongoing maintenance, the
applicant or owner of the site must, unless an onsite stormwater management facility
or practice is dedicated to and accepted by the City of Milton Community
Development Department, execute an inspection and maintenance agreement,
and/or a conservation easement, if applicable, that shall be binding on all
subsequent owners of the site.
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The inspection and maintenance agreement, if applicable, must be approved by the
City of Milton Community Development Department prior to plan approval, and
recorded in the deed records upon final plat approval.
The inspection and maintenance agreement shall identify by name or official title the
person(s) responsible for carrying out the inspection and maintenance.
Responsibility for the operation and maintenance of the stormwater management
facility or practice, unless expressly accepted by a governmental agency in writing,
shall remain with the property owner and shall pass to any successor owner. If
portions of the land are sold or otherwise transferred, legally binding arrangements
shall be made to pass the inspection and maintenance responsibility to the
appropriate successors in title. These arrangements shall designate for each portion
of the site, the person to be permanently responsible for its inspection and
maintenance.
As part of the inspection and maintenance agreement, a schedule shall be
developed for when and how often routine inspection and maintenance will occur to
ensure proper function of the stormwater management facility or practice. The
agreement shall also include plans for annual inspections to ensure proper
performance of the facility between scheduled maintenance and shall also include
remedies for the default thereof.
In addition to enforcing the terms of the inspection and maintenance agreement, the
City of Milton Community Development Department may also enforce all of the
provisions for ongoing inspection and maintenance in Section 6 of this ordinance.
The City of Milton Community Development Department, in lieu of an inspection and
maintenance agreement, may expressly accept in writing dedication of any existing
or future stormwater management facility for maintenance, provided such facility
meets all the requirements of this ordinance and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection and regular
maintenance.
(e) Application Procedure
(i) Applications for land development permits shall be filed with the City of Milton
Community Development Department.
(ii) Permit applications shall include the items set forth in Section 3 above (two
copies of the stormwater management plan and the inspection maintenance
agreement, if applicable, shall be included).
(iii) The City of Milton Community Development Department shall inform the
applicant whether the application, stormwater management plan and
inspection and maintenance agreement are approved or disapproved.
(iv) If either the permit application, stormwater management plan or inspection
and maintenance agreement are disapproved, the City of Milton Community
Development Department shall notify the applicant of such fact in writing. The
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applicant may then revise any item not meeting the requirements hereof and
resubmit the same, in which event subparagraph iii above and this
subparagraph shall apply to such resubmittal.
(v) Upon a finding by the City of Milton Community Development Department
that the permit application, stormwater management plan and inspection and
maintenance agreement, if applicable, meet the requirements of this
ordinance, the City of Milton Community Development Department may issue
a permit for the land development project, provided all other legal
requirements for the issuance of such permit have been met. The issuance
of a land development, building or land disturbance permit in conjunction with
a related inspection and maintenance agreement, does not indicate or create
an acceptance by the City of any inspection or maintenance responsibilities
under the terms of said inspection or maintenance agreement.
(vi) Notwithstanding the issuance of the permit, in conducting the land
development project, the applicant or other responsible person shall be
subject to the following requirements:
(A) The applicant shall comply with all applicable requirements of the
approved plan and this ordinance and shall certify that all land
clearing, construction, land development and drainage will be done
according to the approved plan;
(B) The land development project shall be conducted only within the area
specified in the approved plan;
(C) The City of Milton Community Development Department shall be
allowed to conduct periodic inspections of the project;
(D) No changes may be made to an approved plan without review and
written approval by the City of Milton Community Development
Department; and,
(E) Upon completion of the project, the applicant or other responsible
person shall submit the engineer’s report and certificate and as-built
plans required by Section 5.
(f) Application Review Fees
The fee for review of any stormwater management application shall be based on the
fee structure established by the City of Milton Community Development Department
and shall be made prior to the issuance of any building or land disturbance permit for
the development.
(g) Modifications for Offsite Facilities
The stormwater management plan for each land development project shall provide
for stormwater management measures located on the site of the project, unless
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provisions are made to manage stormwater by an offsite or regional facility. The
offsite or regional facility must be located on property legally dedicated for the
purpose, must be designed and adequately sized to provide a level of stormwater
quantity and quality control that is equal to or greater than that which would be
afforded by onsite practices and there must be a legally-obligated entity responsible
for long-term operation and maintenance of the offsite or regional stormwater facility.
In addition, onsite measures shall be implemented, where necessary, to protect
upstream and downstream properties and drainage channels from the site to the
offsite facility.
A stormwater management plan must be submitted to the City of Milton Community
Development Department which shows the adequacy of the offsite or regional
facility.
To be eligible for a modification, the applicant must demonstrate to the satisfaction of
the Director that the use of an offsite or regional facility will not result in the following
impacts to upstream or downstream areas:
(i) Increased threat of flood damage to public health, life, and property;
(ii) Deterioration of existing culverts, bridges, dams, and other structures;
(iii) Excessive (damaging) streambank or streambed erosion or siltation;
(iv) Degradation of in-stream biological functions or habitat; or
(v) Water quality impairment in violation of State water quality standards, and/or
violation of any state or federal regulations.
(vi) Premature loss of overbank trees, critical vegetation, or utilities.
Section 4: Post-Development Stormwater Management Performance Criteria.
The following performance criteria shall be applicable to all stormwater management plans,
unless otherwise provided for in this ordinance:
(a) Water Quality
All stormwater runoff generated from a site shall be adequately treated before
discharge. It will be presumed that a stormwater management system complies
with this requirement if:
(i) It is sized to treat the prescribed water quality treatment volume from the site,
as defined in the Georgia Stormwater Management Manual;
(ii) Appropriate structural stormwater controls or nonstructural practices are
selected, designed, constructed or preserved, and maintained according to
the specific criteria in the Georgia Stormwater Management Manual; and,
(iii) Runoff from hotspot land uses and activities identified by the City of Milton
Community Development Department are adequately treated and addressed
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through the use of appropriate structural stormwater controls, nonstructural
practices and pollution prevention practices.
(b) Stream Channel Protection
Protection of stream channels from bank and bed erosion and degradation shall be
provided by using all of the following three approaches:
(i) Preservation, restoration and/or reforestation (with native vegetation) of the
applicable stream buffer;
(ii) 24-hour extended detention storage of the 1-year, 24-hour return frequency
storm event;
(iii) Erosion prevention measures such as energy dissipation and velocity
control.
(c) Overbank Flooding Protection
Downstream overbank flood and property protection shall be provided by controlling
(attenuating) the post-development peak discharge rate to the pre-development rate
for the 25-year, 24-hour return frequency storm event. If control of the 1-year, 24-
hour storm under Section 4(b) is exempted, then peak discharge rate attenuation of
the 2-year through the 25-year return frequency storm event must be provided.
(d) Extreme Flooding Protection
Extreme flood and public safety protection shall be provided by controlling and safely
conveying the 100-year, 24 hour return frequency storm event such that flooding is
not exacerbated.
(e) Structural Stormwater Controls
All structural stormwater management facilities shall be selected and designed using
the appropriate criteria from the Georgia Stormwater Management Manual. All
structural stormwater controls must be designed appropriately to meet their intended
function. For other structural stormwater controls not included in the Georgia
Stormwater Management Manual, or for which pollutant removal rates have not been
provided, the effectiveness and pollutant removal of the structural control must be
documented through prior studies, literature reviews, or other means and receive
approval from the City of Milton Community Development Department before being
included in the design of a stormwater management system. In addition, if hydrologic
or topographic conditions, or land use activities warrant greater control than that
provided by the minimum control requirements, the City may impose additional
requirements deemed necessary to protect upstream and downstream properties
and aquatic resources from damage due to increased volume, frequency, and rate of
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stormwater runoff or increased nonpoint source pollution loads created on the site in
question.
Applicants shall consult the Georgia Stormwater Management Manual for guidance
on the factors that determine site design feasibility when selecting and locating a
structural stormwater control.
(f) Stormwater Credits for Nonstructural Measures
The use of one or more site design measures by the applicant may allow for a
reduction in the water quality treatment volume required under Section 4(a). The
applicant may, if approved by the City of Milton Community Development
Department, take credit for the use of stormwater better site design practices and
reduce the water quality volume requirement. For each potential credit, there is a
minimum set of criteria and requirements which identify the conditions or
circumstances under which the credit may be applied. The site design practices that
qualify for this credit and the criteria and procedures for applying and calculating the
credits are included in the Georgia Stormwater Management Manual.
(g) Drainage System Guidelines
Stormwater conveyance facilities, which may include but are not limited to culverts,
stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls,
gutter, swales, channels, ditches, and energy dissipaters shall be provided when
necessary for the protection of public right-of-way and private properties adjoining
project sites and/or public right-of-ways. Stormwater conveyance facilities that are
designed to carry runoff from more than one parcel, existing or proposed, shall meet
the following requirements:
(i) Methods to calculate stormwater flows shall be in accordance with the
Stormwater Design Manual;
(ii) All culverts, pipe systems and open channel flow systems shall be sized in
accordance with the stormwater management plan using the methods
included in the Stormwater Design Manual; and,
(iii) Design and construction of stormwater conveyance facilities shall be in
accordance with the criteria and specifications found in the stormwater
design manual.
(h) Dam Design Guidelines
Any land disturbing activity that involves a site which proposes a dam shall comply
with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.
Section 5: Construction Inspections of Post-Development Stormwater Management System.
(a) Inspections to Ensure Plan Compliance During Construction
Periodic and annual inspections of the stormwater management system construction
may be conducted by the staff of the City of Milton Community Development
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Department and/or as required by the City, and shall be conducted and certified by a
registered Professional Engineer in Georgia who has been approved by the City of
Milton Community Development Department using certification forms as may be
required by the City.. Construction inspections shall utilize the approved stormwater
management plan for establishing compliance.
All inspections shall be documented with written reports that contain the
following information:
(i) The date and location of the inspection; the specific measurements, volumes,
elevations, and outlet control structure dimensions.
(ii) Whether construction is in compliance with the approved stormwater
management plan;
(iii) Variations from the approved construction specifications; and,
(iv) Any other variations or violations of the conditions of the approved
stormwater management plan.
If any variations or violations are found, the applicant shall be notified in writing of the
nature of the violation and the required corrective actions.
(b) Final Inspection and As Built Plans
Upon completion of a project, and before a final plat and certificate of occupancy
shall be granted, the applicant is responsible for certifying that the completed project
is in accordance with the approved stormwater management plan. All applicants are
required to submit actual “as built” plans for any stormwater management facilities or
practices after final construction is completed. The plan must show the final design
specifications and dimensions for all stormwater management facilities and practices
and must be certified by a registered Professional Engineer in Georgia. A final
inspection by the City of Milton Community Development Department is required
before the release of any performance securities can occur.
Section 6: Ongoing Inspection and Maintenance of Stormwater Facilities and Practices.
(a) Long-Term Maintenance Inspection of Stormwater Facilities and Practices
Stormwater management facilities and practices included in a stormwater
management plan which are subject to an inspection and maintenance agreement
must undergo ongoing inspections to document maintenance and repair needs and
ensure compliance with the requirements of the agreement, the plan and this
ordinance.
A stormwater management facility or practice shall be inspected on a periodic basis
by the responsible person in accordance with the approved inspection and
maintenance agreement. In the event that the stormwater management facility has
not been maintained and/or becomes a danger to public safety or public health, the
City of Milton Community Development Department shall notify the person
responsible for carrying out the maintenance plan by registered or certified mail to
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the person specified in the inspection and maintenance agreement. The notice shall
specify the need to comply with the agreement and the plan and shall specify the
time within which such measures shall be completed. If the responsible person fails
or refuses to meet the requirements of the inspection and maintenance agreement,
the City of Milton Community Development Department, may correct the violation as
provided in Subsection 6(d) hereof.
Inspection programs by the City of Milton Community Development Department may
be established on any reasonable basis, including but not limited to: routine
inspections; random inspections; inspections based upon complaints or other notice
of possible violations; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited to:
reviewing maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in stormwater management facilities; and
evaluating the condition of stormwater management facilities and practices.
(b) Right-of-Entry for Inspection
The terms of the inspection and maintenance agreement shall provide for the City to
enter the property at reasonable times and in a reasonable manner for the purpose
of inspection. This includes the right to enter a property when it has a reasonable
basis to believe that a violation of this ordinance is occurring or has occurred and to
enter when necessary for abatement of a public nuisance or correction of a violation
of this ordinance.
(c) Records of Maintenance Activities
Parties responsible for the operation and maintenance of a stormwater management
facility shall provide records of all maintenance and repairs to the City of Milton
Community Development Department when requested.
(d) Failure to Maintain
If a responsible person fails or refuses to meet the requirements of the inspection
and maintenance agreement, the City of Milton Community Development
Department, after thirty (30) days written notice (except, that in the event the
violation constitutes an immediate danger to public health or public safety, 24 hours
notice shall be sufficient), may correct a violation of the design standards or
maintenance requirements by performing the necessary work to place the facility or
practice in proper working condition. The City of Milton Community Development
Department may assess the owner(s) of the facility for the cost of repair work which
shall be a lien on the property, and may be placed on the ad valorum tax bill for such
property and collected in the ordinary manner for such taxes.
Section 7: Violations, Enforcement and Penalties.
Any action or inaction which violates the provisions of this ordinance or the requirements of
an approved stormwater management plan or permit, may be subject to the enforcement
actions outlined in this Section. Any such action or inaction which is continuous with respect
to time is deemed to be a public nuisance and may be abated by injunctive or other
equitable relief. The imposition of any of the penalties described below shall not prevent
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such equitable relief. The imposition of any of the penalties described below shall not
prevent such equitable relief.
(a) Notice of Violation
If the City of Milton Community Development Department determines that an
applicant or other responsible person has failed to comply with the terms and
conditions of a permit, an approved stormwater management plan or the provisions
of this ordinance, it shall issue a written notice of violation to such applicant or other
responsible person. Where a person is engaged in activity covered by this ordinance
without having first secured a permit therefore, the notice of violation shall be served
on the owner or the responsible person in charge of the activity being conducted on
the site.
The notice of violation shall contain:
(i) The name and address of the owner or the applicant or the responsible
person;
(ii) The address or other description of the site upon which the violation is
occurring;
(iii) A statement specifying the nature of the violation;
(iv) A description of the remedial measures necessary to bring the action or
inaction into compliance with the permit, the stormwater management plan or
this ordinance and the date for the completion of such remedial action;
(v) A statement of the penalty or penalties that may be assessed against the
person to whom the notice of violation is directed; and,
(vi) A statement that the determination of violation may be appealed to the City of
Milton Community Development Department by filing a written notice of
appeal within thirty (30) days after the notice of violation (except, that in the
event the violation constitutes
an immediate danger to public health or public safety, 24 hours notice by the
City shall be sufficient).
(b) Penalties
In the event the remedial measures described in the notice of violation have not been
completed by the date set forth for such completion in the notice of violation, any one
or more of the following actions or penalties may be taken or assessed against the
person to whom the notice of violation was directed. Before taking any of the
following actions or imposing any of the following penalties, the City of Milton
Community Development Department shall first notify the applicant or other
responsible person in writing of its intended action, and shall provide a reasonable
opportunity, of not less than ten days (except, that in the event the violation
constitutes an immediate danger to public health or public safety, 24 hours notice
shall be sufficient) to cure such violation. In the event the applicant or other
responsible person fails to cure such violation after such notice and cure period, the
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City of Milton Community Development Department may take any one or more of the
following actions or impose any one or more of the following penalties.
(i) Stop Work Order. The City of Milton Community Development Department
may issue a stop work order which shall be served on the applicant or other
responsible person. The stop work order shall remain in effect until the
applicant or other responsible person has taken the remedial measures set
forth in the notice of violation or has otherwise cured the violation or violations
described therein, provided the stop work order may be withdrawn or
modified to enable the applicant or other responsible person to take the
necessary remedial measures to cure such violation or violations.
(ii) Withhold Certificate of Occupancy. The City of Milton Community
Development Department may refuse to issue a certificate of occupancy for
the building or other improvements constructed or being constructed on the
site until the applicant or other responsible person has taken the remedial
measures set forth in the notice of violation or has otherwise cured the
violations described therein.
(iii) Suspension, Revocation or Modification of Permit. The City of Milton
Community Development Department may suspend, revoke or modify the
permit authorizing the land development project. A suspended, revoked or
modified permit may be reinstated after the applicant or other responsible
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violations described therein, provided such permit
may be reinstated [upon such conditions as the City may deem necessary] to
enable the applicant or other responsible person to take the necessary
remedial measures to cure such violations.
(iv) Civil Penalties. In the event the applicant or other responsible person fails to
take the remedial measures set forth in the notice of violation or otherwise
fails to cure the violations described therein within ten days, or such greater
period as the City of Milton Community Development Department shall deem
appropriate (except, that in the event the violation constitutes an immediate
danger to public health or public safety, 24 hours notice shall be sufficient)
after the City has taken one or more of the actions described above, the
Department may impose a penalty not to exceed $1,000 (depending on the
severity of the violation) for each day the violation remains unremedied after
receipt of the notice of violation.
(v) Criminal Penalties. For intentional and flagrant violations of this ordinance,
the City of Milton Community Development Department may issue a citation
to the applicant or other responsible person, requiring such person to appear
in magistrate court to answer charges for such violation. Upon conviction,
such person shall be punished by a fine not to exceed $1,000 or
imprisonment for 60 days or both. Each act of violation and each day upon
which any violation shall occur shall constitute a separate offense.
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Article 6: Stream Buffer Protection
Section 1: Title.
This ordinance shall be known as the “City of Milton Stream Buffer
Protection Ordinance.”
Section 2: Findings and Purposes.
(a) Findings
Whereas, the Community Development Department of the City of Milton finds that
buffers adjacent to streams provide numerous benefits including:
(i) Protecting, restoring and maintaining the chemical, physical and
biological integrity of streams and their water resources
(ii) Removing pollutants delivered in urban stormwater
(iii) Reducing erosion and controlling sedimentation
(iv) Protecting and stabilizing stream banks
(v) Providing for infiltration of stormwater runoff
(vi) Maintaining base flow of streams
(vii) Contributing organic matter that is a source of food and energy for
the aquatic ecosystem
(viii) Providing tree canopy to shade streams and promote desirable
aquatic habitat
(ix) Providing riparian wildlife habitat
(x) Furnishing scenic value and recreational opportunity
(xi) Providing opportunities for the protection and restoration of
greenspace
(b) Purposes
It is the purpose of this Ordinance is to protect the public health, safety, environment
and general welfare; to minimize public and private losses due to erosion, siltation
and water pollution; and to maintain stream water quality by provisions designed to:
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(i) Create buffer zones along the streams of the City of Milton for the protection
of water resources; and,
(ii) Minimize land development within such buffers by establishing buffer
zone requirements and by requiring authorization for any such activities.
Section 3: Definitions
(a) “Buffer” means, with respect to a stream, a natural or enhanced vegetated area lying
adjacent to the stream.
(b) “Director” means Director of City of Milton Community Development Department.
(c) “Impervious Cover” means any man-made paved, hardened or structural surface
regardless of material. Impervious cover includes but is not limited to rooftops,
buildings, streets, roads, decks, swimming pools and any concrete or asphalt.
(d) “Land Development” means any land change, including but not limited to clearing,
grubbing, stripping, removal of vegetation, dredging, grading, excavating,
transporting and filling of land, construction, paving and any other installation of
impervious cover.
(e) “Land Development Activity” means those actions or activities which comprise,
facilitate or result in land development.
(f) “Land Disturbance” means any land or vegetation change, including, but not limited
to, clearing, grubbing, stripping, removal of vegetation, dredging, grading,
excavating, transporting and filling of land, that do not involve construction, paving or
any other installation of impervious cover.
(g) “Land Disturbance Activity” means those actions or activities which comprise,
facilitate or result in land disturbance.
(h) “Floodplain” means any land area susceptible to flooding, which would have at least
a one percent probability of flooding occurrence in any calendar year based on the
basin being fully developed as shown on the current land use plan; i.e., the
regulatory flood.
(i) “Parcel” means any plot, lot or acreage shown as a unit on the latest county tax
assessment records.
(j) “Permit” means the permit issued by the City of Milton Community Development
Department required for undertaking any land development activity.
(k) “Person” means any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution,
utility, cooperative, city, county or other political subdivision of the State, any
interstate body or any other legal entity.
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(l) “Protection Area, or Stream Protection Area” means, with respect to a stream, the
combined areas of all required buffers and setbacks applicable to such stream.
(m) “Riparian” means belonging or related to the bank of a river, stream, lake, pond
or impoundment.
(n) “Setback” means, with respect to a stream, the area established by Section 5.1.2
extending beyond any buffer applicable to the stream.
(o) “Stream” means any stream, beginning at:
(i) The location of a spring, seep, or groundwater outflow that sustains
streamflow; or
(ii) A point in the stream channel with a drainage area of 25 acres or more; or
(iii) Where evidence indicates the presence of a stream in a drainage area of
other than 25 acres, the City of Milton Community Development Department
may require field studies to verify the existence of a stream.
(o) “Stream Bank” means the sloping land that contains the stream channel and the
normal flows of the stream.
(p) “Stream Channel” means the portion of a watercourse that contains the base flow of
the stream.
(q) “Watershed” means the land area that drains into a particular stream.
Section 4: Applicability
This ordinance shall apply to all land development activity on property containing a stream
protection area as defined in Section 3 of this ordinance. These requirements are in addition
to, and do not replace or supersede, any other applicable buffer requirements established
under state law and approval or exemption from these requirements do not constitute
approval or exemption from buffer requirements established under state law or from other
applicable local, state or federal regulations.
(a) Grandfather Provisions
This ordinance shall not apply to the following activities:
(i) Work consisting of the repair or maintenance of any lawful use of land that is
zoned and approved for such use on or before the effective date of this
ordinance.
(ii) Existing development and on-going land disturbance activities including but
not limited to existing agriculture, silviculture, landscaping, gardening and
lawn maintenance, except that new development or land disturbance
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activities on such properties will be subject to all applicable buffer
requirements.
(iii) Any land development activity that is under construction, fully approved for
development, scheduled for permit approval or has been submitted for
approval as of the effective date of this ordinance.
(iv) Land development activity that has not been submitted for approval, but that
is part of a larger master development plan, such as for an office park or
other phased development that has been previously approved within two
years of the effective date of this ordinance.
(b) Exemptions
The following specific activities are exempt from this ordinance. Exemption of these
activities does not constitute an exemption for any other activity proposed on a
property.
(i) Activities for the purpose of building one of the following:
(A) a stream crossing by a driveway, transportation route or utility line;
(B) public water supply intake or public wastewater outfall structures;
(C) intrusions necessary to provide access to a property;
(D) public access facilities that must be on the water including boat
ramps, docks, foot trails leading directly to the river, fishing platforms
and overlooks;
(E) unpaved foot trails and paths;
(F) activities to restore and enhance stream bank stability, vegetation,
water quality and/or aquatic habitat, so long as native vegetation and
bioengineering techniques are used.
(ii) Public sewer line easements paralleling the creek, except that all
easements (permanent and construction) and land disturbance should be at
least 25 feet from the top of the bank. This includes such impervious cover as
is necessary for the operation and maintenance of the utility, including but not
limited to manholes, vents and valve structures. This exemption shall not be
construed as allowing the construction of roads, bike paths or other
transportation routes in such easements, regardless of paving material,
except for access for the uses specifically cited in Item (b)(i), above.
(iii) Land development activities within a right-of-way existing at the time
this ordinance takes effect or approved under the terms of this ordinance.
(iv) Within an easement of any utility existing at the time this ordinance
takes effect or approved under the terms of this ordinance, land disturbance
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activities and such impervious cover as is necessary for the operation and
maintenance of the utility, including but not limited to manholes, vents and
valve structures.
(v) Emergency work necessary to preserve life or property. However,
when emergency work is performed under this section, the person performing
it shall report such work to the City of Milton on the next business day after
commencement of the work. Within 10 days thereafter, the person shall apply
for a permit and perform such work within such time period as may be
determined by the City of Milton to be reasonably necessary to correct any
impairment such emergency work may have caused to the water conveyance
capacity, stability or water quality of the protection area.
(vi) Forestry and silviculture activities on land that is zoned for forestry,
silvicultural or agricultural uses and are not incidental to other land
development activity. If such activity results in land disturbance in the buffer
that would otherwise be prohibited, then no other land disturbing activity other
than normal forest management practices will be allowed on the entire
property for three years after the end of the activities that intruded on the
buffer.
(vii) After the effective date of this ordinance, it shall apply to new
subdividing and platting activities.
Any land development activity within a buffer established hereunder or any
impervious cover within a setback established hereunder is prohibited unless
a variance is granted pursuant to Section 5.2 below.
Section 5: Land Development Requirements
(a) Buffer and Setback Requirements
All land development activity subject to this ordinance shall meet the
following requirements:
(i) An undisturbed natural vegetative buffer shall be maintained for 50
feet, measured horizontally, on both banks (as applicable) of the stream as
measured from the point of wrested vegetation.
(ii) An additional setback shall be maintained for 25 feet, measured
horizontally, beyond the undisturbed natural vegetative buffer, in which all
impervious cover shall be prohibited. Grading, filling and earthmoving shall be
minimized within the setback.
(iii) No septic tanks or septic tank drain fields shall be permitted within the
buffer or the setback.
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(b) Variance Procedures
Variances from the above buffer and setback requirements may be granted in
accordance with the following provisions:
(i) Where a parcel was platted prior to the effective date of this
ordinance, and its shape, topography or other existing physical condition
prevents land development consistent with this ordinance, and the City of
Milton finds and determines that the requirements of this ordinance prohibit
the otherwise lawful use of the property by the owner, the Mayor and City
Council of the City of Milton may grant a variance from the buffer and setback
requirements hereunder, provided such variance require mitigation measures
to offset the effects of any proposed land development on the parcel. Once
established by the Mayor and City Council, the Board of Zoning Appeals of
the City of Milton may grant a variance from the buffer and setback
requirements hereunder, provided such variance require mitigation measures
to offset the effects of any proposed land development on the parcel.
(ii) Except as provided above, and until such time as the Mayor and City
Council establishes the Board of Zoning Appeals, the Mayor and City Council
shall grant no variance from any provision of this ordinance without first
conducting a public hearing on the application for variance and authorizing
the granting of the variance by an affirmative vote of the Mayor and City
Council. Once established by the Mayor and City Council, the Board of
Zoning Appeals of the City of Milton shall grant no variance from any
provision of this ordinance without first conducting a public hearing on the
application for variance and authorizing the granting of the variance by an
affirmative vote of the Board of Zoning Appeals. The City of Milton shall give
public notice of each such public hearing in a newspaper of general
circulation within the City. The City of Milton shall require that the applicant
post a sign giving notice of the proposed variance and the public hearing. The
sign shall be of a size and posted in such a location on the property as to be
clearly visible from the primary adjacent road right-of-way.
(iii) When a variance request is concurrent with a Rezoning, Use Permit
or a Modification application it shall be considered by the Mayor and City
Council and shall follow the process contained in Article 22.9, “Concurrent
Variances” of the City of Milton Zoning Ordinance.
VARIANCES WILL BE CONSIDERED ONLY IN THE FOLLOWING CASES:
(A) WHEN A PROPERTY’S SHAPE, TOPOGRAPHY OR OTHER
PHYSICAL CONDITIONS EXISTING AT THE TIME OF THE
ADOPTION OF THIS ORDINANCE PREVENTS LAND
DEVELOPMENT UNLESS A BUFFER VARIANCE IS GRANTED.
(B) UNUSUAL CIRCUMSTANCES WHEN STRICT ADHERENCE TO
THE MINIMAL BUFFER REQUIREMENTS IN THE ORDINANCE
WOULD CREATE AN EXTREME HARDSHIP.
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VARIANCES WILL NOT BE CONSIDERED WHEN, FOLLOWING
ADOPTION OF THIS ORDINANCE, ACTIONS OF ANY PROPERTY
OWNER OF A GIVEN PROPERTY HAVE CREATED CONDITIONS OF A
HARDSHIP ON THAT PROPERTY.
(iii) At a minimum, a variance request shall include the following information:
(A) A site map that includes locations of all streams, wetlands, floodplain
boundaries and other natural features, as determined by field survey;
(B) A description of the shape, size, topography, slope, soils, vegetation
and other physical characteristics of the property;
(C) A detailed site plan that shows the locations of all existing and
proposed structures and other impervious cover, the limits of all
existing and proposed land disturbance, both inside and outside the
buffer and
setback. The exact area of the buffer to be affected shall be
accurately
and clearly indicated;
(D) Documentation of unusual hardship should the buffer be maintained;
At least one alternative plan, which does not include a buffer or
setback intrusion, or an explanation of why such a site plan is not
possible;
(E) A calculation of the total area and length of the proposed intrusion;
A stormwater management site plan, if applicable; and,
(F) Proposed mitigation, if any, for the intrusion. If no mitigation is
proposed, the request must include an explanation of why none is
being proposed.
(iv) The following factors will be considered in determining whether to
issue a variance:
(A) The shape, size, topography, slope, soils, vegetation and other
physical characteristics of the property;
(B) The locations of all streams on the property, including along
property boundaries;
(C) The location and extent of the proposed buffer or setback intrusion;
and,
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(D) Whether alternative designs are possible which require less intrusion
or no intrusion;
(E) The long-term and construction water-quality impacts of the
proposed variance;
(F) Whether issuance of the variance is at least as protective of natural
resources and the environment.
v. Any variance approved shall be site plan specific.
Section 6: Compatibility with Other Buffer Regulations and Requirements.
This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule
or regulation, statute or other provision of law. The requirements of this ordinance should be
considered minimum requirements, and where any provision of this ordinance imposes
restrictions different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provisions are more restrictive or impose higher protective
standards for human health or the environment shall be considered to take precedence.
Additional standards which apply and will be enforced by Milton are:
(a) Metropolitan River Protection Act and Chattahoochee Corridor Plan:
Requires a 50-foot undisturbed vegetative buffer and 150-foot impervious surface
setback on the Chattahoochee and its impoundments and a 35-foot undisturbed
vegetative buffer (all measured from the edge of the water) on perennial tributary
streams in a Corridor extending 2000 feet from either bank of the river and its
impoundments. The Corridor extends from Buford Dam to the downstream limits of
the Atlanta region (Douglas and Fulton Counties). Streams in the basin of the
Corridor are required to be protected by buffers, but no required width is specified.
(Georgia Code 12-5-440 et seq.)
(b) DNR Part 5 Criteria for Small (under 100 square miles) Water Supply
Watersheds
Authorized under Part V of the Georgia Planning Act of 1989, these criteria require
100-foot undisturbed buffers and 150-foot setbacks on all perennial streams within
7 miles upstream of a public water supply reservoir or public water supply intake.
Beyond 7 miles, the required buffer is 50 feet and the required setback is 75 feet.
Equivalent protection measures can be adopted with approval from Georgia DCA
and DNR.
(c) DNR Part 5 Criteria for River Protection Authorized under the 1991
Mountains and River Corridors Protection Act of 1991, these criteria require a 100-
foot buffer along rivers with average annual flows of greater than 400 cfs (excepting
the portion of the Chattahoochee referenced above). The buffer is measured from
the top of the stream bank.
(d) Other such State and Federal regulations as may be adopted from time to
time.
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While the requirements of this ordinance are intended to apply to all streams in the City of
Milton, special conditions may exist that require greater protection. Nothing in this ordinance
should be construed as preventing the establishment of wider and/or more restrictive buffers
and setbacks as required under any other existing or future legislation. In addition, nothing
in this ordinance should be construed as preventing the establishment of wider buffers for
purposes of protecting greenspace, preserving habitat or other goals that may not be
specifically mandated by legislation.
Section 7: Additional Information Requirements for Development on Buffer Zone Properties.
(a) Any permit applications for property requiring buffers and setbacks hereunder must
include the following:
(i) A site plan showing:
(A) THE LOCATION OF ALL STREAMS ON THE PROPERTY
(B) LIMITS OF REQUIRED STREAM BUFFERS AND SETBACKS ON
THE PROPERTY
(C) BUFFER ZONE TOPOGRAPHY WITH CONTOUR LINES AT NO
GREATER THAN FIVE (5)-FOOT CONTOUR INTERVALS
(D) DELINEATION OF FORESTED AND OPEN AREAS IN THE BUFFER
ZONE
(E) DETAILED PLANS OF ALL PROPOSED LAND DEVELOPMENT IN
THE BUFFER AND OF ALL PROPOSED IMPERVIOUS COVER
WITHIN THE SETBACK
(ii) A description of all proposed land development within the buffer and
setback; and,
(iii) Any other documentation that the City of Milton may reasonably deem
necessary for review of the application and to insure that the buffer zone
ordinance is addressed in the approval process.
(iv) All buffer and setback areas must be recorded on the final plat of the property
following plan approval.
Section 8: Responsibility.
Neither the issuance of a development permit nor compliance with the conditions thereof,
nor with the provisions of this ordinance shall relieve any person from any responsibility
otherwise imposed by law for damage to persons or property; nor shall the issuance of any
permit hereunder serve to impose any liability upon the City of Milton, its officers or
employees, for injury or damage to persons or property.
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Section 9: Inspection.
The Department of Community Development may cause inspections of the work in the
buffer or setback to be made periodically during the course thereof and shall make a final
inspection following completion of the work. The permittee shall assist the department in
making such inspections. The Department of Community Department shall have the
authority to conduct such investigations as it may reasonably deem necessary to carry out
its duties as prescribed in this ordinance, and for this purpose to enter at reasonable time
upon any property, public or private, for the purpose of investigating and inspecting the sites
of any land development activities within the protection area.
No person shall refuse entry or access to any authorized representative or agent who
requests entry for purposes of inspection, and who presents appropriate credentials, nor
shall any person obstruct, hamper or interfere with any such representative while in the
process of carrying out official duties.
Section 10: Violations, Enforcement and Penalties.
Any action or inaction which violates the provisions of this ordinance or the requirements of
an approved site plan or permit may be subject to the enforcement actions outlined in this
Section. Any such action or inaction which is continuous with respect to time is deemed to
be a public nuisance and may be abated by injunctive or other equitable relief. The
imposition of any of the penalties described below shall not prevent such equitable relief.
(a) Notice of Violation
If the City of Milton determines that an applicant or other responsible person has
failed to comply with the terms and conditions of a permit, an approved site plan or
the provisions of this ordinance, it shall issue a written notice of violation to such
applicant or other responsible person. Where a person is engaged in activity covered
by this ordinance without having first secured the appropriate permit therefore, the
notice of violation shall be served on the owner or the responsible person in charge
of the activity being conducted on the site.
The notice of violation shall contain:
(i) The name and address of the owner or the applicant or the responsible person;
(ii) The address or other description of the site upon which the violation is
occurring;
(iii) A statement specifying the nature of the violation;
(iv) A description of the remedial measures necessary to bring the action or
inaction into compliance with the permit, the approved site plan or this
ordinance and the date for the completion of such remedial action;
(v) A statement of the penalty or penalties that may be assessed against
the person to whom the notice of violation is directed; and,
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(vi) A statement that the determination of violation may be appealed to the City of
Milton by filing a written notice of appeal within thirty (30) days after the notice
of violation (except that in the event the violation constitutes an immediate
danger to public health or public safety, 24 hours notice shall be sufficient).
(b). Penalties
In the event the remedial measures described in the notice of violation have not been
completed by the date set forth for such completion in the notice of violation, any one
or more of the following actions or penalties may be taken or assessed against the
person to whom the notice of violation was directed. Before taking any of the
following actions or imposing any of the following penalties, the City of Milton shall
first notify the applicant or other responsible person in writing of its intended action,
and shall provide a reasonable opportunity, of not less than ten days (except that in
the event the violation constitutes an immediate danger to public health or public
safety, 24 hours notice shall be sufficient) to cure such violation. In the event the
applicant or other responsible person fails to cure such violation after such notice
and cure period, the City of Milton may take any one or more of the following actions
or impose any one or more of the following penalties.
(i) Stop Work Order. The City of Milton Community Development Department
may issue a stop work order which shall be served on the applicant or other
responsible person. The stop work order shall remain in effect until the
applicant or other responsible person has taken the remedial measures set
forth in the notice of violation or has otherwise cured the violation or violations
described therein, provided the stop work order may be withdrawn or
modified to enable the applicant or other responsible person to take
necessary remedial measures to cure such violation or violations.
(ii) Withhold Certificate of Occupancy. The the City of Milton may refuse to issue
a certificate of occupancy for the building or other improvements constructed
or being constructed on the site until the applicant or other responsible
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violations described therein.
(iii) Suspension, Revocation or Modification of Permit. The the City of Milton may
suspend, revoke or modify the permit authorizing the land development
project. A suspended, revoked or modified permit may be reinstated after the
applicant or other responsible person has taken the remedial measures set
forth in the notice of violation or has otherwise cured the violations described
therein, provided such permit may be reinstated (upon such conditions as the
City of Milton may deem necessary) to enable the applicant or other
responsible person to take the necessary remedial measures to cure such
violations.
(iv) Civil Penalties. In the event the applicant or other responsible person fails to
take the remedial measures set forth in the notice of violation or otherwise
fails to cure the violations described therein within ten days (or such greater
period as the City of Milton shall deem appropriate) (except that in the event
the violation constitutes an immediate danger to public health or public safety,
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24 hours notice shall be sufficient) after the City of Milton has taken one or
more of the actions described above, the City may impose a penalty not to
exceed $1,000 (depending on the severity of the violation) for each day the
violation remains unremedied after receipt of the notice of violation.
(v) Criminal Penalties. For intentional and flagrant violations of this ordinance,
the City of Milton may issue a citation to the applicant or other responsible
person, requiring such person to appear in (appropriate municipal, magistrate
or recorders) court to answer charges for such violation. Upon conviction,
such person shall be punished by a fine not to exceed $1,000 or
imprisonment for 60 days or both. Each act of violation and each day upon
which any violation shall occur shall constitute a separate offense.
Section 11: Administrative Appeal and Judicial Review.
(a) Administrative Appeal
Any person aggrieved by a decision or order of the City of Milton Community
Development Department, may appeal in writing within 30 days after the issuance of
such decision or order to the Director of the Department and shall be entitled to a
hearing before the Mayor and City Council of the City of Milton within 30 days of
receipt of the written appeal. Once established by the Mayor and City Council, the
Board of Zoning Appeals of the City of Milton shall hear such appeals.
(b) Judicial Review
Any person aggrieved by a decision or order of City of Milton, after exhausting all
administrative remedies, shall have the right to appeal de novo to the Superior Court
of Fulton County.
(c) Severability
If any article, section, subsection, paragraph, clause, phrase or provision of this
ordinance shall be adjudged invalid or held unconstitutional, such decision shall not
affect or invalidate the remaining portions of this ordinance.
Article 7: Soil Erosion and Sedimentation Control
Section 1: Authority and Title of Article
This article is adopted pursuant to the authority and mandate of the Georgia Erosion and
Sedimentation Act of 1975 (O.C.G.A 612-7-1 et seq.), as amended. A Memorandum of
Agreement authorizes the City of Milton as a local issuing authority. As a local issuing
authority, Milton is certified to provide and maintain an erosion control program which
includes, but is not limited to, development plan review, permitting and erosion control
enforcement. This article will be known as “The Milton Soil Erosion and Sedimentation
Control Ordinance of 2006.”
Section 2: Intent.
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It is the intent of this ordinance to establish Soil Erosion and Sedimentation Control
minimum requirements, standards, and enforcement procedures for land disturbance
activities in order to conserve and protect the environment, public health, and the general
welfare of the citizens of the City of Milton.
Section 3: Definitions.
The following definitions shall apply in the interpretation and enforcement of this article,
unless otherwise specifically stated:
Best Management Practices (BMPs): A collection of structural practices and vegetative
measures will, when properly designed, installed and maintained, will provide effective
erosion and sedimentation control. The term "properly designed" means designed in
accordance with hydraulic design specifications contained in the "Manual for Erosion and
Sediment Control in Georgia" specified 26 O.C.G.A. 12-7-6 subsection (b).
Board: The Georgia Board of Natural Resources.
Board of Zoning Appeals: The Board appointed by the Milton City Council that hears
appeals of stop work orders.
Buffer: The area of land immediately adjacent to the banks of state waters in its natural state
of vegetation that facilitates the protection of water quality and aquatic habitat.
Commission: The State of Georgia Soil and Water Conservation Commission.
Cut: A portion of land surface or area from which earth has been removed or will be
removed by excavation (the depth below the original ground surface to the excavated
surface). Also known as excavation.
Department: City of Milton Department of Community DevelopmentThe Department of
Natural Resources
Development: The alteration of property for any purpose involving building, subdividing,
and/or the preparation of land for any of the above purposes. Development includes, but is
not limited to, providing utilities, access, parking, storm water management, sewage
disposal systems, and/or construction of a structure
Development Sequence: The sequence of activities to be completed, in order, during the
development of a land disturbance project as per approved construction plans
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Director: The Director (or his/her designees) of the Milton Department of Community
Development.
Director DPW: The Director of Department of Public Works or his/her designee
Director, EPD: The Director of the Environmental Protection Division of the Georgia
Department of Natural Resources
District: The Fulton County Soil and Water Conservation District
Division: The Environmental Protection Division of the Department of Natural Resources
District: The Fulton County Soil and Water Conservation District
Drainage Structure: A device composed of a virtually non-erodible material such as
concrete, steel, plastic, or other such material that conveys water from one place to another
by intercepting the flow and carrying it to a release point for stormwater management,
drainage control, or flood control purposes
EPD: The Environmental Protection Division of the Georgia Department of Natural
Resources
EPD Director: The Director of the Environmental Protection Division of the Georgia
Department of Natural Resources
Erosion and Sedimentation Control Manual: A field manual produced by the Georgia Soil
and Water Conservation Commission that illustrates Vegetative and Structural Best
Management Practices (BMPs), and their use for land-disturbing activities.
Erosion: The process by which land surface is worn away by the action of wind, water, ice
or gravity.
Erosion and Sediment Control Plan: A plan for the control of soil erosion and sedimentation
resulting from land disturbance activity. to be maintained until project completion, that is
designed to minimize soil erosion, protect State Waters and prevent off-site sedimentation.
Also known as the "plan".
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Fill: A portion of land surface to which soil or other solid material has been added; the depth
above the original ground surface or elevation
Finished Grade: The final elevation and contour of the ground after cutting or filling and
conforming to the proposed design
Grading: Altering the shape of ground surfaces. This includes stripping, cutting, filling,
stockpiling, and shaping or any combination thereof, and shall include the land in its cut or
filled condition.
Ground Elevation: The original prior to cutting or filling elevation of the ground surface as
measured from sea level prior to cutting or filling.
Land Disturbing Activity: Any activity which may result in soil erosion from water or wind and
the movement of sediments into state waters 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 described in Section 4 (e).
Larger Common Plan of-Development or Sale: A contiguous area where multiple separate
and distinct construction activities are occurring under one plan of development or sale. For
the purpose of this, paragraph, “plan” means an announcement; piece of documentation
such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit
application, zoning request, or computer design; or physical demarcation such as boundary
signs, lot stakes, or survey marking, indicating that construction activities will occur on a
specific plot.
Local Issuing Authority: The governing authority of any county or municipality which is
certified pursuant to subsection (a) O.C.G.A. 12-7-8.
Metropolitan River Protection Act (MRPA) –A state law referenced as O.C.G.A. §12-5-440 et
seq., which addresses environmental and developmental matters in certain metropolitan
river corridors and their drainage basins.
Natural Ground Surface: The ground disturbance in its original state before any grading,
excavation or filling.
Original site topography/ground surface prior to land disturbance activities.
Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric
analytical techniques for measuring the light scattered by finely divided particles of a
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substance in suspension. This technique is used to estimate the extent of turbidity in water
in which collioidally dispersed particles are present.
Notice to Comply: Enforcement action based on noncompliance through failure to either
properly install or maintain BMPs, where sediments remain within the boundaries of the
property. This enforcement action provides the violator 5 days to achieve compliance.
Official Notice: A posting of a notice re comply or stop work order on a property that is non-
compliant or in violation.
Operator: The party or parties that have:
(a) operational control of construction project plans and specifications, including the
ability to make modifications to those plans and specifications; or
(b) day-to-day operational control of those activities that there are necessary to insure
compliance with a stormwater pollution prevention plan for the site or other permit
conditions, such as a person authorized to direct workers at a site to carry out
activities required by the storm-water pollution prevention plan or to comply with
other permit conditions.
100-year Flood Plain: Land in the flood plain subject to a one percent or greater statistical
occurrence probability of flooding in any given year.
Permit: The authorization necessary to conduct a land disturbing activity under the
provisions of this ordinance.
Person: Any individual, owner, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, cooperative,
state agency, municipality, or other political subdivision of this state, any interstate body, or
any other legal entity.
Phased Development: The Development of tracts in maximum of 25-acre increments.
Project: The entire proposed development project, regardless of the size of the area of land
to be disturbed.
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Qualified Personnel: Any person who meets or exceeds the education and training
requirements of O.C.G.A. 12-7-19.
Reinspection Fee: A fee assessed to the developer/owner/operator or responsible party for
reinspecting the project if requested by the developer/owner/operator or responsible party
prior to the end of the compliance period, provided that upon that reinspection the project
remains out of compliance.
Roadway Drainage Structure: A device such as a bridge, catch basin, culvert, or ditch,
composed of a virtually non-erodible material such as concrete, steel, plastic, or other such
material that conveys water under a roadway by intercepting the flow on one side of a
traveled way (public or private) consisting of one or more defined lanes, with or without
shoulder areas, and carrying water to a release point on the other side.
Sediment: Solid material, both organic and inorganic that is in suspension, is being
transported, or has been moved from its site of origin by air, water, ice, or gravity as a
product of erosion.
Sedimentation: The process by which eroded material is transported and deposited by the
action of water, wind, ice, or gravity.
Soil and Water Conservation District Approved Plan: An Erosion and Sedimentation Control
Plan approved in writing by the Fulton County Soil and Water Conservation District.
Stabilization: The process of establishing an enduring soil cover by the installation of
temporary or permanent structures or vegetation for the purpose of reducing to a minimum
the erosion process and the resultant transport of sediment by wind, water, ice, or gravity.
State General Permit: The National Pollution Discharge Elimination System general permit
or permits for storm water runoff from construction activities as is now in effect or as may be
amended or reissued in the future pursuant to the state's authority to implement the same
through federal delegation under the Federal Water Pollution Control Act, as amended, 33
U.S.C. Section 1251, ct seq., and subsection (f) of code Section 12-5-30.
State Waters: Any and all rivers, streams, creeks, branches, lakes, ditches, reservoirs,
ponds, drainage system, springs, wells, and other bodies of surface or subsurface water,
natural or artificial, lying within or forming a part of the boundaries of the state which are not
entirely confined and retained completely upon the property of a single individual,
partnership, or corporation.
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Stop Work Order: Enforcement action that ceases all work onsite or a portion of the site.
Structural Erosion and Sedimentation Control Measures: Practices for the stabilizing of
erodible or sediment-producing areas by utilizing the mechanical properties of matter for the
purpose of either changing the surface of the land or storing, regulating, or disposing of
runoff to prevent sediment loss. Examples of structural erosion and sediment control
measures practices are: riprap, sediment basins, dikes, level spreaders, waterways, outlets,
diversions, grade stabilization structures, sediment traps, and sediment barriers, etcand land
grading. Such measures as defined practices can be found in the publication "Manual for
Erosion and Sediment Control in Georgia."
Trout Streams: All streams or portions of streams within the watershed as designated by the
Game and Fish Division of the Georgia Department of Natural Resources under the
provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq. Streams
designated as primary trout waters are defined as water supporting a self-sustaining
population of rainbow, brown, or brook trout. Streams designated as secondary trout waters
are those in which there is no evidence of natural trout reproduction, but are capable of
supporting trout throughout the year. First order trout waters are streams into which no other
streams flow except springs.
Turbidity: A measure of clarity of a water sample.
Underbrush: Any small shrubs, ground cover, or similar plants growing beneath the canopy
of mature trees.
Vegetative Erosion and Sedimentation Control: Practices for the stabilization of erodible or
sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging, or planting, producing long-term vegetative
cover;
(b) Temporary seeding, producing short-term vegetative cover, or
(c) Sodding; covering areas with a turf of perennial sod-forming grass. Such practices
can be found in the Erosion and Sediment Control Manual.
Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal,
conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either
continuously or intermittently and which has a definite channel, bed, and banks, and
including any area adjacent there to subject to inundation by reason of overflow or flood
water.
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Wetlands: Those areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
(96-0113, § 28-3-2, 1-3-96; 99-0151, § 1, 2, 3, 2001)
Cross reference(s): Definitions generally, § 1-2.
State law reference(s): Similar provisions, O.C.G.A. §12-7.3
Section 4: Exemptions to Article.
This article shall apply to any land-disturbing activity undertaken by any person on any land
except for the following:
(a) Surface mining, as the same is defined in O.C.G.A. §12-4-72, "Mineral Resources
and Caves Act";
(b) Granite quarrying and land clearing for such quarrying;
(c) Such minor land disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work, fences and other related activities which
result in minor soil erosion;
(d) The construction of single-family residences when such construction disturbs less
than one acre and is not a part of a larger common plan of development or sale with
a planned disturbance of equal to or greater than one acre and not otherwise
exempted under this Section; provided, however, that constriction of any such
residence shall conform to the minimum requirements as set forth in this paragraph
and Section 5 of this article. For single-family residence construction covered by
provisions of this paragraph, there shall be a buffer zone between the residence and
any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of
O.C.G.A. Title 12, the Georgia Water Quality Control Act. In any such buffer, no land-
disturbing activity shall be constructed between the residence and the point where
vegetation has been wrested by normal streams flow or wave action from the banks
of the trout waters. For primary trout waters, the buffer zone shall be at least 50
horizontal feet, and no variance to a smaller buffer shall be granted. For secondary
trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director, EPD
may grant variances to no less than 25 feet. Regardless of whether a trout stream is
primary or secondary, for first order trout waters, which are streams into which no
other streams flow except for springs, the buffer shall be at least 25 horizontal feet,
and no variance to smaller buffer shall be granted. The minimum requirements of
Section 5 of this article and the buffer zones provided by this section shall be
enforced by the issuing authority;
(e) Agricultural operations as defined in O.C.G.A. §1-3-3 to include raising, harvesting,
or storing of products of the field or orchard; feeding, breeding, or managing livestock
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or poultry; producing or storing feed for use in the production of livestock including,
but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in
the production of poultry, including but not limited to chicken, hens and turkeys;
producing plants, trees, fowl, or animals; the production of aquaculture, horticultural,
dairy, livestock, poultry, eggs, and apiarian products; and farm buildings and farm
ponds;
(f) Forestry land management practices, including harvesting; provided, however, that
when such exempt forestry practices cause or result in land-disturbing or other
activities otherwise prohibited in a buffer, as established in paragraphs (xiv) and (xvi)
of Section 5 (c) of this article, no other land disturbing activities, except for normal
forest management practices, shall be allowed on the entire property upon which the
forestry practices were conducted for a period of three years after completion of such
forestry practices;
(g) Any project carried out under the technical supervision of the Natural Resource
Conservation Service of the United States Department of Agriculture;
(h) Any project involving disturbance of one acre or lessless than 5,000 square feet of
disturbance; provided, however, that this exemption shall not apply to any land
disturbing activity within a larger common plan of development or sale with a planned
disturbance equal to or greater than one acre or within 200 feet of the bank of any
state waters, and for purposes of this subsectionparagraph, “sState wWaters”
excludes channels and drainage ways which have water in them only during and
immediately after rainfall events and intermittent streams which do not have water in
them year round; provided, however, that any person responsible for a project which
involves one acre or lessless than one acre, which involves land disturbing activity,
and which is within 200 feet of any such excluded channel or drainage way, must
prevent sediment from moving beyond the boundaries of the property on which such
project is located and provided, further, that nothing herein shall prevent the local
issuing authority from regulating any such project which is not specifically exempted
by paragraphs (a)1,(b)2,(c)3,(d)4,(e)5,(f)6,(g)7,(i)9, (j), or (k)10 of thise section;
(i) Construction or maintenance projects, or both, undertaken or financed, in whole or in
part, or both, by the Department of Transportation, the Georgia Highway Authority, or
the State Road and Tollway Authority; or any road construction or maintenance
project, or bouth, undertaken by any county or municipality; provided, however, that
construction or maintenance projects of the Department of Transportation or State
Road and Tollway Authority which disturb once or more contiguous acres of land
shall be subject to provisions of O.C.G.A.12-7-7,1; except where the Department of
Transportation, The Georgia Highway Authority, or the State Road and Tollway
Authority is a secondary permittee for a project located within a larger common plan
of development or sale under the state general permit, in which case a copy of a
notice of intent under the state general permit shall be submitted to the countyLIA,
the LIA, the county shall enforce compliance with the minimum requirements set
forth in U.C.G.A 12-7-6 and Section 5 of this Article as if a permit had been issued,
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and violations shall be subject to the same penalties as violations by permit holders;
copies of any plans approved under that code section shall be provided to the
Director,
(j) Any land-disturbing activities conducted by any electric membership corporation or
municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A.
36-18-1, or any agency or instrumentality of the United States engaged in the
generation, transmission, or distribution of power, except where an electric
membership corporation or municipal electric system or any public utility under the
regulatory jurisdiction of the Public Service Commission, any utility under the
regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable
television system as defined in O.C.GA 36-18-1, or any agency or instrumentality of
the United States engaged in the generation, transmission, or distribution of power is
a secondary permittee for a project located within a larger common plan of
development or sale under the state general permit, in which case the county shall
enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 and
Section 5 of this Article as if a permit had been issued and violations shall be subject
to the same penalties as violations by permit holders; and
(k) Any public water system reservoir.
State law reference(s)--Exemptions, O.C.G.A. § 12-7-17.
Section 5: Minimum Requirements for Erosion and Sedimentation Contol Using Best
Management Practices (BM).
(a) General provisions. Excessive Ssoil erosion and resulting sedimentation can take
place during land disturbing activities. Therefore, plans for those land disturbing
activities which are not excluded exempted by this article shall contain provisions for
application of soil erosion and sedimentation control measures and practices. The
provisions shall be incorporated into the erosion and sedimentation control plans.
Soil erosion and sedimentation control measures and practices "shall conform to the
minimum requirements of subsection 5 (Bb) and (Cc) of this sectionarticle. The
application of measures and practices shall apply to all features of the site, including
street and utility installations, drainage facilities and other temporary and permanent
improvements. Measures shall be installed to prevent or control erosion and
sedimentation pollution during all stages of any land disturbing activity.
(b) Minimum Requirements BMPs
(i) Best Management Practices as set forth in subsections 5 (Bb) and (Cc) of
this section article shall be required for all land disturbing activities. Proper
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design, installation, and maintenance of BMPS shall constitute a complete
defense to any action by the EPD Director or to any other allegation of
noncompliance with subsection paragraph (HX2ii) of this section or any
substantially similar terms contained in a permit for the discharge of
stormwater issued pursuant to O.C.G.A. § 12-5-30(f) of the "Georgia Water
Quality Control Act". As used in this subsection, the terms "proper design"
and "properly designed" mean designed in accordance with the hydraulic
design specifications contained in the "Manual for Erosion and Sediment
Control in Georgia" specified in O.C.G.A. 12-7-6 subsection (b).
(ii) A discharge of stormwater runoff from disturbed areas where BMPs have not
been properly designed, installed, and maintained shall constitute a separate
violation of any land disturbing permit issued by Milton LIA or of any state
general permit issued by the division, pursuant to subsection (f) of O.C.G.A.
12-5-30, the "Georgia Water Quality Control Act" for each day on which such
discharge results an the turbidity of receiving waters being increased by more
than 25 Nnephelometric turbidity units for waters supporting warm water
fisheries or by more than ten Nnephelometric turbidity units for waters
classified as trout waters. The turbidity of the receiving waters shall be
measured in accordance with guidelines issued by the EPD Director, EPD.
This paragraph shall not apply to any land disturbance associated with the
construction of single family homes which are not part of a larger common
plea plan of development or sale unless the planned disturbance for such
construction is equal to or greater than five acres.
(iii) Failure to properly design, install, or maintain BMPs shall constitute non
compliance a violation with any land disturbing permit issued by Milton or of
any state general permit issued by the Division pursuant to subsection (f) of
O.C.G.A. 12-5-30, The "Georgia Water Quality Control Act" for each day on
which such failure occurs. When such non-compliance is identified by the
Director, official notice will be posted on that property.
(iv) The EPD Director may require, in accordance with regulations adopted by the
Board, reasonable and prudent monitoring of the turbidity level of receiving
waters into which discharges from land disturbing activities occur as outlined
by the National Pollution Discharge Elimination System requirements.
(c) The rules and regulations, ordinances, or resolutions adopted pursuant to this
chapter for the purpose of governing land disturbing activities shall require, as a
minimum, protections at least as stringent as the state general permit; and BMPs,
including sound conservation and engineering practices to prevent and/or minimize
erosion and resultant sedimentation, which are consistent with, and no less stringent
than, those practices contained in the "Manual for Erosion and Sediment Control in
Georgia," published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land disturbing activity was permitted, as well as
the following:
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(i) Proper erosion control measures must be installed along site boundaries
prior to stripping of vegetation, regarding, and other development activities as
deemed by the Manager Community Development Director to minimize erosion and
prevent soil erosionsediment from leaving the site.
(ii) Cut-fill operations must be kept to a minimum.
(iii) Development plans must conform to topography and soil type so as to
minimum erosion potential.
(iv) When ever feasible, Nnatural vegetation that is beyond the permitted limits
of land disturbance shall be retained, and when ever feasible, natural vegetation
shall be retained, protected and supplemented.
(v) Disturbed soil shall be stabilized by the close of each business day for
utilities, and within five to ten days of initial land disturbance for other
commercial/residential sites, The disturbed area and duration of exposure to erosive
elements shall be kept to a practicable minimum. Disturbed soil shall be
stabilized as quickly as practicable.
(vi) Temporary vegetation or mulching shall be employed to protect all exposed
areas (especially steep cuts and/or banks, etc.) during development.
(vii) Permanent vegetation and structural erosion control measures shall be
installed upon achieving final gradeas soon as practicable.
(viii) Sediment in runoff water must be trapped by the use of debris basins,
sediment basins, sediment barriers, construction exits or similar BMPs as
outlined in the Erosion and Sediment Control Manual until the disturbed area
is stabilized. As used in this subsection, a disturbed area is stabilized when it
is brought to a condition of continuous compliance with the requirements of
this section, and O.C.G.A. 12-7-1 et seq.
(ix) Adequate provisions must be provided to minimize damage from, surface
water to the cut face of excavations or the sloping surface of fills. Cuts and
fills must not endanger adjoining properties.
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(x) In cases where cuts and fills endanger adjoining properties, sSound
engineering practices or methods shall be employed to protect those
adjoining properties.
(A) All slopes shall be stabilized immediately and shall remain so for a
period of no less than one year from the issuance of the project's final
certificate of occupancy and/or the recording of a final plat.
(B) All slopes greater than or equal to 3H:IV must be permanently
stabilized with structural or vegetative BMPs.
(C) A plan must be submitted to demonstrate that all slopes associated
with fill/cut sections have been adequately designed to be stabilized
structurally (such as retaining walls) or vegetatively (erosion
mat/blanket, tree bark mulch, etc). Such analysis, reports, or design
shall be prepared and approved by a certified design professional.
(xi) Fills may not encroach upon natural watercourses or constructed channels
in a manner so as to adversely affect other property owners.
(xii) Migrated soil materials or soil materials displaced by mechanical means from
land disturbing sites to adjacent water courses, such as lakes, ponds,
streams and creeks etc. must be remediated. The remedial work shall be
conducted as per a remedial plan approved by Milton.
(xiii) Grading equipment must cross flowing streams by means of temporary or
permanent bridges or culverts except when such methods are not feasible,
provided, in any case, those that such crossings are kept to a minimum.
(xiv) Land-disturbing activity plans for erosion and sedimentation control shall
include provisions for treatment or control of any source of sediments and
adequate sedimentation control facilities to retain sediments on-site or
preclude sedimentation of adjacent waters beyond the levels specified in
Section 5(b)(ii) of this ordinance.
(xv) Except as provided in paragraph (xvi) of this subsection, there is established
a 25 foot buffer along banks of all state watersLand disturbing activities shall
not be conducted within 25 feet of the banks of any state waters, as
measured horizontally from the point where vegetation has been wrested by
normal stream flow or wave action, except where the Director, EPD Director
determines to allow a variance that is at least as protective of natural
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resources and the environment where otherwise allowed by the Director,
EPD Director pursuant to O.C.G.A. §12-2-8, or where a drainage structure or
a roadway drainage structure must be constructed, provided that adequate
erosion control measures are incorporated is the project plans and
specifications are implemented; provided, however, that buffers of at least 25
feet established pursuant to Article 5, Chapter 5 of ride Title 12, the "Georgia
Water Quality Control Act" shall remain in force unless a variance is granted
by the Director, EPD Director as provided in this subsectionparagraph. The
following requirements shall apply to any such buffer.
(A) No land- disturbance activities shall be conducted within a buffer and
a buffer shall remain in its natural, undisturbed state of vegetation until
all land-disturbing activities on the construction site are completed,
(except as otherwise provided by this paragraph.) Temporary
structural best management practices are required to be removed at
the completion of project. Once the final stabilization of the site is
achieved, a buffer way be thinned or trimmed of vegetation as long as
a protective vegetative cover remains to protect water quality and
aquatic habitat and a natural canopy is left in sufficient quantity to
keep shade on the stream bed; provided, however, that any person
constructing a single-family residence, when such residence is
constructed by or under contract with the owner for his or her own
occupancy, may thin or trim underbrush in a buffer at any time as long
as protective vegetative cover remains to protect water quality and
aquatic habitat and a natural canopy is left in sufficient quantity to
keep shade on the stream bed; and
(B) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of
crossing, within 25 degrees of perpendicular to the stream; cause a
width of disturbance of not more than 50 feet within the buffer; and
adequate erosion control measures are incorporated into the project
plans and specifications and are implemented: (i) Stream crossings
for water lines; or (ii) Stream crossings for sewer lines.Except as
otherwise described in this Article, there is established a 25-
foot buffer along the banks of all state waters, as measured
horizontally from the point where vegetation has been wrestled by
normal stream flow or wave action, except where the Director,
EPD determines to allow a variance that is at least as protective of
natural resources and the environment, where otherwise
allowed by the Director, EPD pursuant to O.C.G.A.12.2-8, or
where drainage structures or a roadway drainage
structure must be constructed, provided that adequate
erosion control measures are incorporated in the project
plans and specifications, and are implemented; provided, however,
the buffers of at least 25 feet established pursuant to part 6 of Article
5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall
remain in force unless a variance is granted by Director, EPD as
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provided in this paragraph. The following requirements shall apply to
any such buffer.
(C) Except as otherwise described in this Article, there is established a
25-foot buffer along the banks of all state waters, as measured horizontally
from the point where vegetation has been wrestled by normal stream flow or
wave action, except where the Director, EPD determines to allow a variance
that is at least as protective of natural resources and the environment, where
otherwise allowed by the Director, EPD pursuant to O.C.G.A.12.2-8, or where
drainage structures or a roadway drainage structure must be constructed,
provided that adequate erosion control measures are incorporated in the
project plans and specifications, and are implemented; provided, however,
the buffers of at least 25 feet established pursuant to part 6 of Article 5,
Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in
force unless a variance is granted by Director, EPD as provided in this
paragraph. The following requirements shall apply to any such buffer.
(D) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of
crossing, within 25 degrees of perpendicular to the stream; cause a
width of disturbance of not more than 50 feet within the buffer; and
adequate erosion control measures are incorporated into the project
plans and specifications and are implemented: (i) Stream crossings
for water lines; or (ii) Stream crossings for sewer lines.
(xvi) There is established a 50-foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action,
along the banks of any state waters classified as "trout streams" pursuant to
Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act",
except where a roadway drainage structure must be constructed; provided,
however, that small springs and streams classified as trout streams which
discharge an average annual flow of 25 gallons per minute or less shall have
a 25 foot buffer or they may be piped, at the discretion of the landowner,
pursuant to the terms of a rule providing for a general variance promulgated
by the Board, so long as any such pipe stops short of the downstream
landowner's property and the landowner complies with the buffer requirement
for any adjacent trout steams. For single-family residence construction
covered by the provisions of this subsectionSectiion 4 (d), there shall be a
buffer zone between the residence and any state waters classified as trout
streams pursuant to the Article 2 of Chapter 5 of the "Georgia Water Quality
Control Act" (O.C.G.A 112-5-20 et seq.). In any such buffer zone, no land
disturbing activity shall be conducted between the residence and the point
where vegetation has been wrested by normal stream flow or wave action
from the banks of the trout waters. For primary trout waters, the buffer zone
shall be at least 50 horizontal feet, and no variance to a smaller buffer shall
be granted. For secondary trout waters, the buffer zone shall be at least 50
horizontal feet, but the Director, EPD Director may grant variances to no less
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than 25 feet. Regardless of whether a trout stream is primary or secondary,
for first order trout waters, which are streams into which no other streams
flow except for springs, the buffer shall be at least 25 horizontal feet, and no
variance to a smaller buffer shall be granted. The minimum requirements of
Section 5 and Section 10 of this article and the buffer zones provided by this
section shall be enforced by the Community Development Director. The
Director, EPD Director may grant a variance from such buffer to allow land-
disturbing activity, provided that adequate erosion control measures are
incorporated in the project plans and specifications and are implemented.
The following requirements shall apply to such buffer:
(A) No land-disturbance activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until
all land-disturbing activities on the construction site are completed.
Once the final stabilization of the site is achieved, a buffer may be
thinned or trimmed of vegetation as long as a protective vegetative
cover remains to protect water quality and aquatic habitat and a
natural canopy is left in sufficient quantity to keep shade on the
stream bed; provided, however, that any person constructing a single-
family residence, when such residence is constructed by or under
contract with the owner for his or her own occupancy, may thin or trim
vegetation in a buffer at any time as long as protective vegetation
cover remains to protect water quality and aquatic habitat and natural
canopy is left in sufficient quality to keep shade on the stream bed;
and
(B) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of
crossing, within 25 degrees of perpendicular to the stream; cause a
width of disturbance of not more than 50 feet within the buffer; and
adequate erosion control measures are incorporated into the project
plans and specifications and are implemented: (i) Stream crossings
for water lines; or (ii) Stream crossings for sewer lines.
(d) (C) Nothing contained in this chapter shall prevent any Local Issuing
Authority from adopting rules and regulations, ordinances, or
resolutions which contain stream buffer requirements in Section 5 (b)
and 5 (c) of this ordinance.
(e) (D) The fact that land-disturbing activity for which a permit has been
issued results in injury to the property of another shall neither constitute proof of
nor create a presumption of a violation of the standards provided in this
ordinance or terms of the permit.
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(E) (f) Additional Requirements. Where the Manager finds, through inspection, that property
owners have been adversely affected due to violations clearly identified by the
Manager, or that the approved current plans do not adequately address the features
of the site, the Manager can require additional BMPs, drawings, and revisions to
comply with the minimum requirements as outlined in Section 5.
Section 6: Land Disturbance Application/Permit Process.
(a) General.
The property owner, developer, and designated planners and engineers shall review
the general development plans and detailed plans of Milton that affect the tract to be
developed and the area surrounding it. They shall review the zoning resolution,
stormwater management ordinance, subdivision ordinance, flood damage prevention
resolution, this article, and other ordinances which regulate the development of land
within the, jurisdictional boundaries of Milton. However, the property operator is the
only party who may obtain a permit.
(b) Application Requirements.
(i) Prior to any land-disturbing activity, the property in question must be part of
an approved and recorded legal lot of record (exemption plat, minor plat, or
final plat). Additionally, no land-disturbing activity, including grading,
excavating, filling, and/or foundation work, shall be conducted within the City
of Milton, until a land-disturbance permit or a building permit (for those
projects not requiring a land-disturbance permit under this Article) shall have
been issued by the Manager Community Development Director allowing such
activity, pursuant to the provisions herein provided. If a project is to be
developed in phases, then a separate land disturbance permit or building
permit is required for each phase not to exceed 25-acre increments and the
development sequence should be followed on all projects issued a land
disturbance permit.
(ii) No person shall conduct any land disturbing activity within the jurisdictional
boundaries of Milton without first obtaining a permit from the Milton
Department of Community Development or its successor to perform such
activity.
(iii) All developments, construction, improvements, utilities, and demolitions that
occur within the boundaries of the incorporated limits of the City of Milton that
disturb more than 5,000 square feet of land shall be required to submit an
application for a land-disturbance permit.
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(iv) The application for a permit shall be submitted to the Community
Development Department of Community Development and must include the
applicant's erosion and sedimentation control plan with supporting data, as
necessary. Said plans shall include, as a minimum, the data specified in
subsection (c) of this section. Soil erosion and sedimentation control plans
shall conform to the provisions of Section 5 (b) and (c) of this article.
Applications for a permit will not be accepted unless accompanied by the
specified number ofthree (3) copies of the applicant’s soil erosion and
sedimentation control plans and a physical address of the property owner
(Post Office Box not acceptable). All applications shall contain a certification
stating that the plan preparer or the designee thereof visited the site prior to
creation of the plan or that such a visit was not required in accordance with
rules and regulations established by the Board.
(v) A minimum fee, as set by the Milton City Council, shall be charged for each
acre, or fraction thereof, of the project area.
(vi) In addition to Milton’ permitting fees, fees also will be assessed pursuant to
paragraph (5) subsection (a) of O.C.G.A.12-5-23, and theseprovided such
that such fees shall not exceed $80.00 per acre of land-disturbing activity,
and these fees shall be calculated and paid by the primary permittee as
defined in the state general permit for each acre of land-disturbing activity
included in the planned development or each phase of development. All
applicable fees shall be paid prior to issuance of the land disturbance permit.
Half of such fees levied shall be submitted to the Division; except that any
and all fees due from an entity which is required to give notice pursuant to
paragraph (9) or (10) of O.C.GA 12-7-17 shall be submitted in full to the
Division, regardless of the existence of a Local Issuing Authority in the
jurisdiction.
(vii) The permit applicant shall be required to post a bond (surety) in the form of
cash prior to issuing the permit. The bond amount shall be determined as
established by the Milton Community Development Department, but not
exceeding $3,000.00 per acre or fraction thereof of the proposed land-
disturbing activity. If the applicant does not comply with this article or with the
conditions of the permit after issuance, Milton may call the bond or any part
thereof to be forfeited and may use the proceeds to hire a contractor to
stabilize the site of the land disturbing activity and bring it into compliance.
These corrective actions may include, but are not limited to, desilting
detention ponds, water bodies, stormwater facilities, roadways, installing a
fence with locking device, restablishing damaged buffers, and similar or
related actions. If a permit applicant has had two or more outstanding
violations of previous permits, this Article, or the Erosion and Sedimentation
Act of 1975 (O.C.G.A. §12.7-1 et seq.), as amended within three years prior
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to the date of filing of the application under consideration, the City of Milton
may deny the permit application.
(viii) If applicable, immediately upon receipt of an application and plan for a permit,
Milton shall refer the application and plan to the District for its review and
approval or disapproval concerning the adequacy of the erosion and
sedimentation control plan. The District shall approve or disapprove a plan
within 35 days of receipt. Failure of the District to act within 35 days shall be
considered an approval of the pending plan. The results of the District review
shall be forwarded to Milton. No permit will be issued unless the plan has
been approved by the District. , and any variances required by Section 26-
115 (Cc) (14xv) or and (15xvi) and bonding, if required as per subsection
(b)(vii) of this section, have been obtained. Such review will not be required if
Milton and the District have entered into an agreement which allows Milton to
conduct such review and approval of the plan without referring the application
and plan to the District.
(c) Plan Requirements.
(i) Plans must be prepared to meet the minimum requirements as
contained in Section 5 (b). & (c) of this ordinance. Conformance with the
minimum requirements may be attained through the use of design criteria in
the current issue of the Manual for Erosion and Sedimentation Control in
Georgia, published by the State Soil and Water Conservation as a guide; or
through the use of more stringent, alternate design criteria which conform to
sound conservation and engineering practices. The Manual for Erosion and
Sedimentation
Control in Georgia is hereby incorporated by reference into this ordinance.
The plan for the land-disturbing activity shall consider the interrelationship of
the soil types, geological and hydrological characteristics, topography,
watershed, vegetation, proposed permanent structures including
roadways, constructed waterways, sediment control and stormwater
management facilities, local ordinances and State lawsRefer to the Milton
Erosion and Sedimentation Control Plan Administrative Guidelines for
procedures and requirements concerning the review and approval of
construction plans.
(ii) Data Required for Site Plan
(A) Narrative or notes, and other information: Notes or narrative to
be located on the site plan in general notes or in erosion and
sedimentation control notes.
(B) Description of existing land use at project site and description of
proposed project.
(C) Name, address, and phone number of the property owner.
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(D) Name and phone number of 24-hour local contact who is
responsible for erosion and sedimentation controls.
(E) Size of project, or phase under construction, in acres.
(F) Activity schedule showing anticipated started and completion
dates for the project. Include the statement in bold letters,
that “the installation of erosion and sedimentation control
measures and practices shall occur prior to or concurrent with
land-disturbing activities.”
(G) Stormwater and sedimentation management systems-storage
capacity, hydrologic study, and calculations, including off-
site
drainage areas.
(H) Vegetative plan for all temporary and permanent vegetative
measures, including species, planting dates, and seeding,
fertilizer, lime, and mulching rates. The vegetative plan should
show options for year-round seeding.
(I) Detail drawing for all structural practices. Specifications may
follow guidelines set forth in the Manual for Erosion and
Sediment Control in Georgia.
(J) Maintenance statement- “Erosion and sedimentation control
measures will be maintained at all times. If full
implementation
of the approved plan does not provide for effective
erosion and
sediment control, additional erosion and sediment control
measures shall be implemented to control or treat the
sediment
source.
(iii) Maps, drawings, and supportive computations shall bear the signature/seal of
a registered or certified professional in engineering, architecture, landscape
architecture, land surveying, or erosion and
sediment control. After December 31,2006, all persons involved in
land development design, review, permitting, construction, monitoring, or
inspection or any land-disturbing activity shall meet the education and training
certification requirements as developed by the commission pursuant to
O.C.G.A.12-7-20. The certified plans shall contain:
(A) Graphic scale and north point or arrow indicating magnetic north.
(B) Vicinity maps showing location of project and existing streets.
(C) Boundary line survey
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(D) Delineation of disturbed areas within project boundary.
(E) Existing and planned contours, with an interval in accordance with the
following:
Map Scale Ground Slope Contour Interval, ft.
1 inch = 100 ft.
or larger scale
Flat 0-2%
Rolling 2-8%
Steep 8% +
0.5 or 1
1 or 2
2, 5 or 10
(F) Adjacent areas and feature areas such as streams, lakes,
residential areas, etc. which might be affected should be indicated on
the plan.
(G) Proposed structures or additions to existing structures and
paved areas.
(H) Delineate the 25-foot horizontal buffer adjacent to state waters
and the specified width in MRPA areas.
(I) Delineate the specified horizontal buffer along designated trout
streams, where applicable.
(J) Location of erosion and sedimentation control measures and
practices using coding symbols from the Manual for Erosion
and Sediment Control in Georgia.
(iv) Maintenance of all soil erosion and sedimentation control practices,
whether temporary or permanent, shall be at all times the responsibility of the
property owner.
(d) Permits and Development Activity.
(i) Permits shall be issued or denied as soon as practicable but in any event not
later than 45 days after receipt by Milton of a completed application, provided
that any necessary variances have been obtained, bonding has been
provided, and specifications developed and maintained by the Public Works
Department of Public Works and permitted by the Community Development
Department of Community Development have been met.
(ii) No permit shall be issued by Milton unless the erosion and sedimentation
control plan has been approved by the District or by Milton, and unless Milton
has affirmatively determined that the plan is in compliance with this article,
any variances required by Section 5(c) (xiv) or (xvi) are obtained, bonding
requirements, if necessary, as per Section 6 (b) (vii) are met and all
ordinances and rules and regulations in effect within the jurisdictional
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boundaries of unincorporated the City of Milton are met. If the permit is
denied, the reason for denial shall, be furnished to the applicant.
(iii) If the tract is to be developed in phases, then a separate permit shall be
required for each phase to include the Development Sequence.
(iv) The permit may be suspended, revoked, or modified by Milton, as to all or
any portion of the land affected by the plan, upon finding that the holder or his
successor in title is not in compliance with the approved erosion and
sedimentation control plan or that the holder or his successor in title is in
violation of this article. A holder of a permit shall notify any successor in title
to him of the conditions contained in the permit as to all or any portion of the
land affected by the approved plan.
(v) Sedimentation basins shall not be allowed in state waters or other perennially
flowing streamsa live stream.
(vi) The permittee shall ensure that engineering and construction on any land
within Milton shall be carried out in such a manner as to protect neighboring
persons and property from damage or loss resulting from stormwater runoff,
soil erosion, or deposition upon private property or public streets or water-
transported silt or debris.
(vii) If through inspection, the Community Development Director determines that
full implementation of the approved plan does not provide for effective
erosion and sedimentation control, additional erosion and sedimentation
control measures shall be implemented to control or treat the sediment
source.The Manager during field inspections may require revisions,
addendum, and modifications that address any and all features to ensure
compliance with this article and any permit issued hereunder.
(viii) It shall constitute non-compliance with this article to engage in land-
disturbance activity involving clearing, grading, timber harvesting, or grubbing
without a permit, which activity may immediately warrant citation(s).
(ix) Design and installation of properly functioning detention facilities, including
outflow and overflow control devices, shall be the responsibility of the owner.
If any erosion control devices are damaged or destroyed during grading or
construction; all construction processes shall cease until the devices are
restored to their functioning capability. The owner, through application for
grading or construction permits, accepts the responsibility of maintenance of
the control devices.
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(x) The owner and operator shall be responsible for the maintenance of the
storm drainage facilities during grading, construction, and for a 15 month
period following the final approval of the completed project. Maintenance will
be construed to include preserving the enclosing walls or impounding
embankment or the detention basin and sedimentation ponds, in good
condition; ensuring structural soundness, functional adequacy, and freedom
from sediment of all drainage structures; and rectifying any unforeseen
erosion problems.
(xi) The developer shall provide stabilization by covering the soil with: permanent
seeding, sprigging, or pivoting, producing long-term vegetative cover,
temporary seeding producing short-terra vegetative cover, sodding or
covering areas with a turf of perennial sod forming grass; and security fences
for safety purposes at detention facilities as prescribed by and prior to
approval by Milton.
(96-0113, §28-3-5, 1-3-96; 99-0151, § 4, 2001)
State law reference(s)--Permits for land disturbing activities, O.C.G.A. § 12-7-7, 12-7-9.
Section 7:City or County Construction; Compliance with Article.
All engineering and construction involving land disturbance performed by or on behalf of
Milton and under the direction of the Department of Public Works Department or any other
Milton entity, whether such engineering or construction is being accomplished on existing
and proposed public land or on public easement, shall comply with the requirements of
Sections 5 and 11.
(96-0113, § 28-3-6, 2001)
Section 8: Residential Construction.
Notwithstanding any other provisions of this article, the Construction of single-family
detached dwellings shall be subject to the following rules:
(a) Building permit, No land disturbing activity or other work (including moving and
demolition) shall commence on a project until the owner or the contractor
undertaking the work shall have applied for, and been issued, a land disturbance
permit or building permit by the ManagerCommunity Development Director. The
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owner/contractor shall prominently display on site the building permit, a signed
erosion and sedimentation control agreement and approved site plan in full public
view, until issuance of certification of occupancy. Demolition projects shall be
required to install BMPs where necessary to prevent erosion. Failure to install BMPs
shall constitute non compliance with this ordinance.
(b) Notice to Comply. The Manager Community Development Director shall issue a
Notice to Comply for failure to either install or maintain Best Management Practices
(BMPs), even though sediments remain contained within the boundaries of the
property by the use of debris basins, sediment basins, sediment barriers, and
construction exits in accordance with this article. Subsequently, a stop work order
shall be issued if compliance with a Notice to Comply is not achieved by the end of
the specified compliance period of 5 days.
(c) Stop Work Order. The Manager Community Development Director or representative
shall issue an order to cease all work ("stop work order") on a project covered by this
section if any work on that project is proceeding without a land disturbance permit or
building permit, or, when silt, mud, or other waterborne debris leave the property
boundary, or (if such a permit has been issued) it is found by the Manager
Community Development Director or representative that all or any portion of the
project remains out of compliance with any requirements of Sections 5 (b) or (c), any
other provision of this article or any other City of Milton ordinance, regulation or
requirement after the specified compliance period or a site has been in violation at
least two prior occurrences, to include any applicable fines and penalties. All other
requirements of Section 11(bB) of this article also apply to projects covered by this
section.
(96-0113, §28-3-7, 1-3-96; 99-0151, §§5, 6 ,2001)
Section 9: Progress Report RequiredDesign Professional Inspection.
(a) The licensed design professional referenced in the state general permit (except
when the primary permittee has requested in writing and EPD has agreed to an
alternative design professional)Administrative Guidelines (see Section 6 (c) or his
representative as approved by the Manager shall ensure, must inspect and evaluate
the installation of BMPs which the design professional designed within seven
daysone week after the initial construction activities commenced. and the initial-
phase BMPs have been installed. The design profession shall determine if these
BMPs have been installed and are being maintained as designed. The design
professional shall report the results of the inspection to the primary permittee within
seven days and the All primary permittee must correct all deficiencies shall be
corrected within two business days after inspection, and a written report with a
summary of corrective measures taken shall be submitted to the Manager within
three days after inspection. This report shall be the responsibility of the owner or
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developer and shall be prepared by a professional licensed to practice such activity
within Georgia, as stipulated in the City of Milton Soil Erosion and Sediment Control
Administrative Guidelines. The report shall record the quality and progress of the
work required to show full compliance with the provisions of this article, including
compliance with or adherence to vegetative practices. In order to ensure full
compliance with the approved construction plans, final approval will be withheld until
as-built drawings, prepared by a professional engineer or land surveyor licensed to
practice such work in Georgia, have been submitted and accepted by the Manager of
receipt of the inspection report from the design professional unless weather related
site conditions are such that additional time is required. The Manager Community
Development Director shall withhold the occupancy permit until full compliance has
been achieved.
(96-0113, §28-3-8, 1-3-96; 99-0151, § 7, 2001)
(b) Additional Reporting Requirements.
Applicants/owners/operators shall provide the Manager Community Development
Director with a copy of any monitoring results submitted to EPD regarding National
Pollutant Discharge Elimination System (NPDES). Reports shall be in a format as
prescribed by EPD. A copy of the Notice of Intent which has been sent to EPD in
compliance with the permit requirements must be presented to the Department of
Community Development Director prior to the issuance of any land-disturbance
permit.
Section 10: iInspection and Enforcement of Article.
(a) The Manager Community Development Director will periodically inspect the sites of
land-disturbing activities for which permits have been issued to determine if the
activities are being conducted in accordance with the approved plan, permit and this
article and to determine if the measures required in the plan are effective in
controlling soil erosion and sedimentation. Also, the City of Milton shall regulate both
primary and secondary permittees as such terms are defined in the state general
permit. Primary permittees shall be responsible for installation and maintenance of
best management practices where the primary permittee is conducting land-
disturbing activities. Secondary permittees shall be responsible for installation and
maintenance of best management practices where the secondary permittee is
conducting land-disturbing activities. If, through inspection, it is deemed that a
person engaged in land disturbing activities as defined herein has failed to comply
with the approved plan, with permit conditions, or with the provisions of this article,
an official notice shall be posted on-site, and as a courtesy a written notice to comply
shall also be served upon that person, except for working without a permit or working
under a stop work order, which warrant immediate citation(s). The notice shall set
forth the measures necessary to achieve compliance and shall state the time within
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which such measures must be completed. If the person engaged in the land-
disturbing activity fails to comply with the corrective measures specified in the posted
official notice within the time specified, he or she shall be found in violation of this
article, and the Manager Community Development Director may take such additional
enforcement actions as he/she deems appropriate.
(b) The Manager Community Development Director shall have the power to conduct
such investigation as the Manager Community Development Director may deem
reasonably necessary to carry out duties as prescribed in this article, and for this
purpose shall have the power to enter at reasonable times upon any property, public
or private, for the purposes of investigation and inspection of the sites of land
disturbance or building activities.
(c) No person shall refuse entry or access to any authorized representative or agent of
the City of Milton, the Commission, the District, or Division who requests entry for the
purposes of inspection, and who presents appropriate credentials, not shall any
person obstruct, hamper, or interfere with any such representative while in the
process of carrying out his official duties including, but not limited to, the review of
reports, studies, calculations, drawings, revisions, practices, actions and bonds.
(d) A copy of a current approved plan shall be kept on site until project completion or
issuance of certificate of occupancy.
(e) The District or the Commission or both shall periodically review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A-12-7-8 (a). The Districts or the Commission, or both, may
provide technical assistance to any county or municipality for the purpose of
improving the effectiveness of the counties or municipality's erosion and
sedimentation control program. The District or the Commission shall notify the
Division and request investigation by the Division if any deficient or ineffective legal
program is found.
(f) The Board shall promulgate rules and regulations setting forth the requirements and
standards for certification and the procedures for decertification of a local issuing
authority. The Division may periodically review the actions of counties and
municipalities which have been certified as Local Issuing Authorities pursuant to
Code Section 12-7-8 (a). Such review may include, but shall not be limited to, review
of the administration and enforcement of a governing authority's ordinance and
review of conformance with an agreement, if any, between the district and the
governing authority. If such review indicates that the governing authority of any
county or municipality certified pursuant to G.C.G.A. 12-7-8 (a) has not administered
or enforced its ordinances or has not conducted the program in accordance with any
agreement entered into pursuant to O.C.G.-12-7-7 (e), 14 the Division shall notify the
governing authority of the county or municipality in writing. The governing authority of
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any county or municipality so notified shall have 30 days within which to take the
necessary corrective action to retain certification as a Local Issuing Authority. If the
county or municipality does not take necessary corrective action within 30 days after
notification by the division, the division may revoke the certification of the county or
municipality as a Local issuing Authority.
Section 11: Penalties and Incentives.
(a) Failure to obtain a permit for land-disturbing activity. If any person commences any
land disturbing activity requiring a land-disturbing permit, as prescribed in this article,
without first obtaining said permit, the person shall be subject to revocation of his
business license, work permit, or other authorization to conduct any business and
associated work activities within the jurisdictional boundaries of Milton. Failure to
comply may result in a citation being issued to appear in state magistrate court which
may result in monetary fines.
(b) Stop Work Orders and Notice to Comply.
(i) On development and residential land disturbance sites fFor the first and
second violations of the provisions of this article, the Manager Community
Development Director or the EPD Director shall post an official notice to
comply and as a courtesy issue a written letter. The violator shall have five
days to correct the violation. If the violation is not corrected within five days,
the Manager Community Development Director or the EPD Director shall
issue a stop-work order requiring the land-disturbance activity be stopped
until necessary corrective action or mitigation has occurred; provided,
however, that, if the violation presents an imminent threat to public health or
waters of the state or if the land-disturbing activities are conducted without
obtaining the necessary permit, the Manager Community Development
Director or the EPD Director shall issue an immediate stop-work order in lieu
of notice to comply. For the third and each subsequent violation, the Manager
Community Development Director or the EPD Director shall issue an
immediate stop-work order.
(ii) All stop-work orders shall be in effective immediately upon issuance and shall
be in effect until the necessary corrective action or mitigation has occurred.
(iii) It shall be unlawful for any representative of the owner to remove an official
Notice to Comply or Stop Work posting. If this action is observed by a county
city representative, the owner will be responsible for any and all possible
fines. Upon issuance of a stop work order, the Manager Community
Development Director or representative shall post official notice at such
locations on the project site as deemed appropriate. Such posted official
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notice(s) shall be prominently displayed on the owner’s property until the stop
work order is rescinded by the ManagerCommunity Development Director, at
which time said posted notice(s) will be removed by the Manager Community
Development Director or representative. When a violation in the form of
taking action without a permit, failure to maintain a stream buffer, or
significant amounts of sediment, as determined by Manager Community
Development Director or the EPD Director or his or her designee, have been
or are being discharged into state waters and where best management
practices have not been properly designed, installed, and maintained, a stop
work order shall be issued by the Manager Director or his or her designee. All
such stop work orders shall be effective immediately upon issuance and shall
be in effect until the necessary corrective action or mitigation has occurred.
Such stop work orders shall apply to all land-disturbing activity on the site
with the exception of the installation and maintenance of temporary or
permanent erosion and sediment controls.
(c) The Manager Community Development Director shall assess a minimum $50.00
Reinspection Fee to a project if a reinspection is requested prior to the end of a
compliance period and the site is found to remain out of compliance upon that
inspection. Such fees (to cover administrative, field inspections, and transportation
costs) must be satisfied prior to the issuance of a final erosion inspection or a
certificate of occupancy.
(d) Bond Forfeiture. If, through inspection, it is determined that a person engaged in land
disturbing activities has failed to comply with the approved plan and permit, an
official notice to comply shall be posted on-site and a letter will be issued as a
courtesy. The notice shall set forth the measures necessary to achieve compliance
with the plan and shall state the time within which such measures must be
completed. If the person engaged in the land disturbing activity fails to comply within
the time specified, he shall be deemed in violation of this article and, in addition to
other penalties, shall be deemed to have forfeited his performance bond, if required
to post one under the provisions of Section 6 (b)(vii). The City of Milton may call the
bond or any part thereof to be forfeited and may use the proceeds to hire a
contractor to stabilize the site and bring it into compliance.
(e) Non-Compliance. Non-Compliance with this article shall be dealt with as
follows:
Any person found to be in non-compliance with any provision of this article shall be
served official notice by the Department of Community Development Department.
The offender shall, within the period of time stated in the notice, take all necessary
action to gain compliance and shall permanently cease such noncompliance.
(f) Monetary Penalties. Any person who violates any provisions of this ordinance, or any
permit condition or limitation established pursuant to this article or who negligently or
intentionally fails or refuses to comply with any final or emergency order of the
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Manager EPD Director issued as provided in this article shall be liable for a civil
penalty not to exceed $2,500.00 per day for each violation. Notwithstanding any
limitation of law as to penalties which can be assessed for violations of county city
ordinances, any magistrate court or any other court of competent jurisdiction trying
cases brought as violations of this article shall be authorized to impose penalties for
such violations not to exceed $2,500.00 for each violation. Each day during which
violation or failure or refusal to comply continues shall be a separate violation.
(i) The following minimum penalties shall be imposed:
− Conducting land-disturbance activities without a land-disturbance permit or
building permit (first offense)–$250.00 for each violation or each day on which
a violation exists.
− Conducting land-disturbance activities without a land-disturbance permit or
building permit (second or subsequent offense)–$1,000.00 for each violation
or each day on which a violation exists.
− Lack of proper installation or maintenance of structural/vegetative best
management practices–$250.00 per violation.
− Working under a Stop Work Order (first offense)–$500.00.
− Working under a Stop Work Order (second or subsequent offense)–
$1,500.00.
(ii) Upon violation of the provisions of this article, Milton shall be entitled to take
such remedial action as the Manager Community Development Director
deems necessary to ensure compliance, and the violator shall reimburse
Milton for any cost or expense associated with such compliance efforts and
Milton shall be entitled to place a lien on the property to secure payment and
reimbursement for these expenses.
(iii) The Manager Community Development Director of the Department of
Community Development has the primary responsibility for the enforcement
of this article.
(iv) Persons designated by the Manager Community Development Director are
hereby authorized to issue official notices, citations, and/or summons
charging violations under this article, returnable to the State or Municipal
Court of Milton, or any other court of competent jurisdiction.
Section 12: Education and Certification
After December 31, 2006, all persons involved in land development design, review,
permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet
the education and training certification requirements, dependent on their level of
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involvement with the process, as developed by the Commission in consultation with the
division and the stakeholder advisory board created pursuant to O.C.G.A. 12-7-20.
Section 13: Administrative Appeal; Judicial Review.
(a) Administrative remedies. The issuance of a stop work order, as well as the
suspension, revocation, modification, or grant with condition of a permit by the City of
Milton upon finding that the holder is not in compliance with the approved erosion
and sediment control plan; or that the holder is in violation of permit conditions; or
that the holder is in violation of this article shall entitle the person submitting the plan
or holding the permit to a hearing before the Milton City CouncilConstruction Board
of Appeals within 30 45 days after receipt by the Manager Director of written request
for appeal.
(b) Judicial review. Any person aggrieved by a decision or order of the City of Milton,
after exhausting his administrative remedies, shall have the right to appeal de novo
to the Superior Court of Fulton County.
Section 14: Effectivity, Validity, and Liability.
(a) This ordinance shall become effective on the first day of December, 2006.
(b) Validity. If any section, paragraph, clause, phrase, or provision of this article shall be
adjudged invalid or held unconstitutional, such decisions shall not affect the validity
of remaining portions of this Article.
(c) Liability.
(i) Neither the approval of a plan under the provisions of this article, nor the
compliance with provisions of this article, shall relieve any person from
responsibility for damage to any person or property otherwise imposed by law
nor impose any liability upon Milton, the District or their officers, employees or
agents for damage to any person or property.
(ii) The fact that a land disturbing activity for which a permit has been issued
results in injury to the property of another shall neither constitute proof of nor
create a presumption of a violation of the standards provided for in this article
or the terms of the permit.
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(iii) No provision of this ordinance shall permit any person to violate the Georgia
Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control
Act or the rules and regulations promulgated and approved thereunder or
pollute any Waters of the State as defined thereby.
Article 8: Tree Preservation
Section 1: Purpose
(a) The purpose of this ordinance is to cultivate and encourage a high level of tree
preservation, to promote the general provisions within this ordinance, and to develop
detailed provisions within the administrative guidelines in order to implement the
regulations set forth to preserve, maintain, and replant trees within the City of Milton,
Georgia. The intent of the Ordinance and Administrative Guidelines is to provide
standards for the preservation of trees as part of the land development, building
construction and timber harvest processes. It is not the intent of this ordinance to
regulate individual properties where activities do not require a land disturbance,
building construction or timber harvest permit.
(b) Benefits to citizens derived from tree protection and replanting include:
(i) Improved control of soil erosion.
(ii) Moderation of storm water runoff and improved water quality.
(iii) Interception of airborne particulate matter and the reduction of some air
pollutants.
(iv) Enhanced habitat for desirable wildlife.
(v) Reduction of noise and glare.
(vi) Climate moderation.
(vii) Aesthetics and scenic amenity.
(viii) Increased property value.
Section 2: Authority and Applicability
(a) The Administrative Guidelines referenced in this Article are hereby adopted by the
City of Sandy SpringMilton, copies have been, and are now on file in the office of the
Clerk of the City of Milton, and the same are incorporated herein as if set out in full,
and the provisions of the same shall be controlling.
(b) Terms and provisions of the Tree Preservation Ordinance and the Administrative
Guidelines established herein, shall apply to all activity which requires the issuance
of a land disturbance permit on any real property within the City of Milton. No land
disturbance permit shall be issued by the City of Milton Community Development
Department or any successor to that Department, without it being determined that
the proposed development is in conformance with the provisions of these
regulations.
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(c) The terms and provisions of these regulations shall also apply to construction of new
single family detached and duplex dwellings, including additions, renovations and/or
alterations to existing single family detached and duplex dwellings.
(d) The terms and provisions of these regulations shall also apply to timber harvesting
activities.
Section 3: Definitions
All words in these standards have their customary dictionary definitions except as
specifically defined herein. The words “shall” and “must” are mandatory, and the words
“may” and “should” are permissive.
Administrative Guidelines: Those certain guidelines, including any Appendices,
existing or as future amended, incorporated by reference into the Tree Preservation
Ordinance of the City of Milton, Code of Milton, Georgia, Article 8, et. seq., which
have been adopted by the City Council of the City of Milton from time to time to
provide standards for the protection, preservation, and replacement of trees, and
which are regulated and enforced by the City Arborist in conjunction with the
Community Development Department or its designated agent(s) through
development and construction permits and processes. Copies of the same are kept
on file in the office of the Clerk of the City of Milton and available for public inspection
during business hours.MiltonMiltonMilton
Agent(s), designated or authorized: an individual or entity authorized to administer and
enforce the standards set forth in the City of Milton Tree Preservation Ordinance and
Administrative Guidelines.
Buildable Area: The portion of a parcel of land where a building may be located and which
shall contain enough square footage to meet the minimum required by the zoning district.
That portion which is not located in the minimum setbacks, utility corridors, driveways,
slopes to build streets, tree save areas, landscape strips, specimen tree areas, state water
buffer, tributary buffers, zoning buffers, wetlands, storm water and sanitary sewer
easements.
Buffer:
(a) State Waters Buffer: An area along the course of any State waters to be maintained
in an undisturbed and natural condition.
(b) Tributary Buffer: A protection area adjoining the tributaries of the Chattahoochee
River. Tributary buffer specifications are contained in Part D. of each prospective
land use section of the City of Milton Tree Preservation Ordinance and
Administrative Guidelines.
(c) Zoning Buffer: 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 lots and/or uses. Buffer is achieved with natural vegetation and must
be replanted subject to the approval of the Manager Director of the Community
Development Department or his/her designated agent(s) when sparsely vegetated.
Cleaning of undergrowth from a buffer is prohibited except when accomplished under
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the supervision of the Manager Director of the Community Development Department
or his/her designee.
Caliper: The standard for trunk measurements of nursery stocks. Caliper of the trunk shall
be taken 6 inches above the ground for up to and including 4-inch caliper size and 12 inches
above the ground for larger sizes.
Cambium: Tissue within the woody portion of trees and shrubs which gives rise to the woody
water and nutrient conducting system and the energy substrate transport system in trees.
Cambium growth activity results in a tree’s radial development, i.e., increase in diameter.
Cambial Dieback: The irreparable radial or vertical interruption of a tree’s cambium, usually
caused by mechanical damage, such as “skinning bark” or from excessive heat.
Clear Cutting: The removal of all trees from a property, whether by cutting or other means,
excluding stream buffer requirements.
Coniferous: Belonging to the group of cone-bearing evergreen trees or shrubs.
City Arborist: The agent(s) of the City of Milton assigned to the Community Development
Department and having the primary responsibilities of administration and enforcement of the
Tree Preservation Ordinance.
Critical Root Zone: The area of tree roots within the crown dripline. This zone is generally
defined as a circle with a radius extending from a tree’s trunk to a point no less than the
furthest crown dripline. Disturbances within this zone will directly affect a tree’s chance for
survival.
Crown Drip Line: A vertical line extending down to the ground from the end of a tree’s
longest branches.
Deciduous: Not persistent; the shedding of leaves annually.
D.B.H.: Diameter-at-breast-height is a standard measure of tree size, (for trees existing on
site) and is a tree trunk diameter measured in inches at a height of 4 ½ feet above the
ground. If a tree splits into multiple trunks below 4 ½ feet, refer to chart in Appendix I.
Density Factor for the Site (DFS): A unit of measure used to prescribe and calculate
required tree coverage on a site. Unit measurements are based upon tree size.
(a) Site acreage multiplied by (15) for Agricultural Districts = DFS.
(b) Site acreage multiplied by (20) for Single Family Residential Districts = DFS.
(c) Site acreage multiplied by (30) for Commercial Districts and all other Non-Single Family
Districts = (DFS).
ManagerDirector: Manager Director of City of Milton Community Development Department.
Erosion and Sedimentation Control Ordinance: The ordinance adopted by the City that
regulates soil erosion and its transportation to the City’s lakes, rivers, and streams (latest
revision).
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Improvement Setback: An area adjacent to a zoning buffer in which no improvements and/
or structures shall be constructed. No development activity such as tree removal, stump
removal or grinding, land disturbance or grading is permitted without the approval of the
Manager Director of the Community Development Department or his/her designee.
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 described in the City of Milton Soil Erosion and
Sedimentation Control Ordinance.
Land Disturbance Permit: A permit issued by the Community Development Department that
authorizes the commencement of alteration or development of a given tract of land or the
commencement of any land disturbing activity.
Landscape Plan: A plan that identifies areas of tree preservation and methods of tree
protection within the protected zone, as well as all areas of replanting. Within replanting
areas, the common and botanical names of the proposed species, the number of plants of
each species, the size of all plant materials, the proposed location of all plant materials, and
any unique features of the plant materials shall be indicated.
Landscape Strip: An area required by this ordinance, by the City of Milton Zoning
Ordinance, or any condition of zoning, use permit or variance approval, which is reserved for
the installation and/or maintenance of plant materials.
Minimum Setback: The minimum yards as specified in the regulations related to the zoning
districts or use permit categories. A minimum required space between a property line and a
structure. An area identified by a building line.
Protected Zone: Includes but is not limited to the following:
(a) Critical root zone plus an additional 3 feet; all areas of a parcel required to remain in
open space;
(b) All areas required as landscape strips and/or buffers (including zoning buffers, state
water buffers, and tributary buffers);
(c) Tree save areas according to provisions of the City of Milton Zoning Ordinance,
conditions of zoning, use permit or variance approval, and/or the Tree Preservation
Ordinance and Administrative Guidelines.
Revegetation: The replacement of trees and landscape plant materials to satisfy the
minimum tree density and landscape requirements, as determined by the City of Milton
Zoning Ordinance, condition of zoning, use permit or variance approval, or the Tree
Preservation Ordinance and Administrative Guidelines.
Roots:
(a) Feeder Roots: A complex system of small annual roots growing outward and
predominantly upward from the system of “transport roots”. These roots branch four
or more times to form fans or mats of thousands of fine, short, non-woody tips. Many
of these small roots and their multiple tips are 0.2 to 1 mm or less in diameter and
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less than 1 to 2 mm long. These roots constitute the major fraction of a tree’s root
system surface area and are the primary sites of absorption of water and nutrients.
(b) Major Woody Roots: First order tree roots originating at the “root collar” and growing
horizontally in the soil to a distance of between 3 and 15 feet from the tree’s trunk.
These roots branch and decrease in diameter to give rise to “rope roots”. The
primary functions of major woody roots include anchorage, structural support, the
storage of food reserves, and the transport of minerals and nutrients.
(c) Rope Roots: An extensive network of woody second order roots arising from major
woody roots, occurring within the surface 12 to 18 inches of local soils, and with an
average size ranging from .25 to 1 inch in diameter. The primary function of rope
roots is the transport of water and nutrients and the storage of food reserves.
(d) Transport Roots: The system or framework of tree roots comprised of major woody
roots and rope roots.
Root Collar: The point of attachment of major woody roots to the tree trunk, usually at or
near the groundline and associated with a marked swelling of the tree trunk.
Root Respiration: An active process occurring throughout the feeder root system of trees
and involving the consumption of oxygen and sugars with the release of energy and carbon-
dioxide. Root respiration facilitates the uptake and transport of minerals and nutrients
essential for tree survival.
Setback: A space between a property line and the line to which a building or specified
structure may be constructed.
Soil Compaction: A change in soil physical properties which includes an increase in
soilweight per unit volume and a decrease in soil pore space. Soil compaction is caused by
repeated vibrations, frequent traffic and weight. As related to tree roots, compacted soil can
cause physical root damage, a decrease in soil oxygen levels with an increase in toxic
gasses, and can be impervious to new root development.
State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds,
drainage systems, springs, wells, and other bodies of surface or subsurface water, natural
or artificial, lying within or forming a part of the boundaries of the State which are not entirely
confined and retained completely upon the property of a single individual, partnership, or
corporation.
Thinning: Selective cutting or removal of timber. The basal unit of (30) units per acre for
Commercial Districts and all other non single family districts; (20) units per acre for Single
Family Residential Districts; (15) units per acre for Agricultural Districts shall be maintained
after selective cutting, or removal of timber has occurred.
Timber Harvesting: The felling of timber products (pulp wood, etc). The term “timber
harvesting” may include both clear cutting and thinning of timber.
Tree:
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(a) Tree: Any self supporting woody perennial plant which has a trunk diameter of 2
inches or more measured at a point 6 inches above the ground level and which
normally obtains a height of at least 10 feet at maturity, usually with one main stem
or trunk and many branches.
(b) Heritage Tree: A tree which is designated upon approval by the Manager Director of
the Community Development Department or his/her designee to be of notable
historical value or interest because of its age, size, or historical association.
(c) Specimen Tree: Any tree which has been determined by the City Arborist to be of
high value because of its type, size, age, or other professional criteria, and has been
so designated according to administrative standards established by the Community
Development Department.
(d) Stand of Specimen Trees: A contiguous grouping of trees which has been
determined to be of value by the Manager Director of the Community Development
Department or authorized designee(s).
(i) A relatively mature even aged stand.
(ii) A stand with purity of species composition or of a rare or unusual nature.
(iii) A stand of historical significance.
(iv) A stand with exceptional aesthetic quality.
Tree Bank: A site such as a school or public park, where the owner/developer shall donate
and plant the required trees when it is not feasible to plant the required trees within their
site’s project area.
Tree Preservation Ordinance: This Ordinance, approved and adopted by the City Council of
the City of Milton to provide standards for the protection, preservation and replacement of
trees regulated and enforced by the City Arborist in conjunction with the Department of
Community Development or designated agent(s) through development and construction
permits and processes.
Tree Save Area: All areas designated for the purpose of meeting tree density requirements,
saving specimen trees, and/or preserving natural buffers.
Tributary: Any perennial stream (or portion thereof) within the affected area that is portrayed
as a solid blue line on the United States Geological Survey 7.5 Quadrangle Maps, 1968
edition, or other perennial streams as identified by the City of Milton.
Wetlands: Those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bog, and similar areas.
Zoning Regulations: The Zoning Ordinance of the City of Milton as amended or such
regulations subsequently adopted by the City Council inclusive of conditions of zoning, use
permit or variance approval established pursuant thereto.
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All other terms: All other words or phrases as appropriate to the context of their uses shall
be interpreted as defined in the Zoning Regulations.
Section 4: Permit Procedures
(a) All applications for a Land Disturbance Permit shall provide a landscape plan and
other documentation as required and as applicable for all areas of the tract of land
within a protected zone. All applications and required supplemental information shall
be submitted to the Manager Director of the Community Development Department.
(b) All landscape plans and related documentation shall be reviewed by the City Arborist
for conformance to the provisions of these regulations and either approved, returned
for revisions, or denied within 30 days of receipt. If denied or returned for revisions
the reasons for denial or revision shall be annotated on the landscape plan or stated
in writing.
(c) Issuance of a valid Land Disturbance Permit shall constitute an approval of the
required landscape plan and shall indicate conformance to the provisions of these
regulations.
(d) For issuance of any residential building permit, applicant must sign and agree to
abide by the Residential Erosion & Sedimentation Control Tree Protection
Agreement, (see Appendix H. to the Administrative Guidelines). This shall also apply
to parcels upon which a land disturbance permit has been previously issued with a
tree protection plan approved by the City Arborist. The Manager Director of the
Community Development Department, or his/her designee, is authorized to execute
such Agreements on behalf of the City of Milton.
(e) For issuance of a Timber Harvesting Permit, applicant agrees to maintain a 25-foot
undisturbed buffer along the entire perimeter of the property. This buffer must be
maintained for the duration of the timber harvesting activity.
Section 5: Removal of Tree(s)
(a) If the owner/developer proposes to remove any tree(s) in the protected zone, then
the owner/developer must document a hardship such as but not limited to economic
or zoning restrictions and submit it as part of the application for a Land Disturbance
Permit. The application shall be subject to the approval of the Manager Director of
the Community Development Department, or his/her designee before any trees are
to be removed from the site. Nothing in these regulations shall be construed to allow
the removal of vegetation in a natural, undisturbed buffer required by the Zoning
Ordinance.
(b) When no trees are present in the protected zone or when disturbance of any portion
of the protected zone is approved, it shall be the responsibility of the
owner/developer to revegetate said areas (in which improvements are not
constructed) with trees or other plant materials subject to zoning regulations or, in
lieu thereof, administrative standards established by the Community Development
Department.
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(c) Not withstanding any of the other requirements of these regulations, it shall be
unlawful to remove a specimen tree without the express written permission of the
City Arborist or authorized agent(s). Administrative standards have been established
by the Manager Director of the Community Development Department for the
identification, preservation and protection of specimen trees.
Section 6: Violations
Citations for any of the following violations, by authorized City of Milton enforcement
agent(s) may constitute issuance of an immediate stop work order.
(a) Land disturbance and/or tree removal within state water, tributary, or zoning
buffer(s).
(b) Land disturbance and/or tree removal within tree save area(s).
(c) Illegal removal or disturbance of specimen tree, heritage tree or stand of trees.
(d) Improper installation of tree fencing.
(e) Other violations of any provision(s) of this Ordinance or the Administrative Guidelines
established pursuant thereto, including Appendices.
Section 7: Enforcement
(a) It shall be the duty of the Manager Director of the Department of Community
Development Department and designated agent(s) to enforce this Ordinance and
Administrative Guidelines. The Department of Community Development Department
and designated agent(s) shall have the authority to modify, revoke, suspend, or void
any Land Disturbance Permit and shall have the authority to suspend all work on a
site or any portion thereof.
(b) The Manager Director of the Community Development Department and designated
agent(s) shall serve as the issuing authority and shall have the power to withhold all
permits, including, but not limited to, final certificates of occupancy, building permits
and all permits on the subject site until it is determined by the issuing authority that
the site complies with this ordinance and the provisions of the formal plan approved
by the city.
Section 8: Inspections
(a) The Community Development Department is the issuing authority and may cause
inspection of compliance to be made periodically by its designated agent(s) during
the course of the project and shall make a final inspection following the completion of
the work. Applicants shall cooperate with the issuing authority in conducting such
inspections.
(b) The Community Development Department shall have the power to conduct such
investigations as it may reasonably deem necessary to carry out its duties as
prescribed in this Ordinance and Administrative Guidelines, including but not limited
to the power to enter at reasonable times upon any property, public or private, for the
purpose of investigating and inspecting the sites of any land disturbing or tree
removal activities.
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(c) The Manager Director of the Community Development Department is authorized to
design and implement an inspection program involving private inspectors acceptable
to the Department.
(d) No person shall refuse entry or access to any authorized representative or agent who
requests entry for the purpose of inspection and who presents appropriate
identification, nor shall any person obstruct, hamper or interfere with any such
representative while in the process of carrying out his official duties.
Section 9: Notice of Violation
(a) If, through inspection, it is determined that a person, firm, or corporation has 1.)
engaged in land disturbing or other activities, which have resulted in the removal of
trees; or 2.) failed to comply with the terms and conditions of a validly issued permit,
then a written notice of violation shall be served upon the property owner or the
agent of record.
(b) Where a person, firm, or corporation has engaged in land disturbing or tree removal
activities without having first secured a permit therefore in violation of this Ordinance
and Administrative Guidelines, notices under the provisions of this section may be
served upon the person in charge or any person representing the person in charge
on the site. All construction and land disturbance activity shall be discontinued until
the necessary measures to achieve compliance have been fulfilled.
(c) The notice shall set forth the measures necessary to achieve compliance with the
permit and shall state the time within which such measures must be completed.
(d) If the person, firm, or corporation engaged in land disturbing activity fails to comply
within the time specified, he/she shall be subject to citation for violation of this
Ordinance and Administrative Guidelines.
Section 10: Stop Work Orders
(a) Upon notice from the Manager Director of the Community Development Department,
work on any project that is being done contrary to the provisions of this Ordinance
and Administrative Guidelines shall be immediately stopped, until such time that the
violation has been remedied to the satisfaction of the Manager Director of the
Community Development Department. Prior to remediation a plan shall be submitted
to and approved by the City Arborist.
(b) Such Notice:
(i) shall be in writing.
(ii) shall state the specific violation(s).
(iii) shall be given to the applicant, owner, the authorized agent of either, or the
person in charge, or any person representing the person in charge of the
activity on the subject property.
(iv) shall state the conditions under which work may be resumed.
(v) where an emergency exists, no written notice shall be required.
(vi) shall allow only erosion control work to continue while stop work is in effect
Section 11: Modification, Revocation, Suspension, Voidance of Permit
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A land disturbance permit and/or other permit(s) required by this Ordinance and
Administrative Guidelines may be modified, revoked, suspended, or voided by the Manager
Director of the Community Development Department upon finding that the holder is in
violation of the terms of the permit or any portion of this Ordinance and Administrative
Guidelines.
Section 12: Bonding
The Manager Director of the Community Development Department will evaluate all
development projects (excluding timber harvesting) requesting property clear cutting. If upon
completion of the site evaluation, the Community Development Department deems it
appropriate to allow property clear cutting activities, a bond will be required. The bond will
be required by the City of Milton as a mechanism to cover any potential cost associated with
revegetation of the clear-cut property in the event of property abandonment.
The required bond amount will be 125 percent (%) of the total cost for replanting trees to
satisfy the density standards for the project site. A tree replacement cost obtained from a
plant nursery will be provided to Manager Director of the Community Development
Department with the clear-cut request and the bond amount will be based on the tree
replacement cost. The Manager Director of the Community Development Department
reserves the right to request additional replacement cost if deemed appropriate. The
Manager Director of the Community Development Department will hold the bond until the
project activity, including tree replacement to satisfy the site density requirements, is
completed. If upon issuing the land disturbance permit, the property is clear cut and there
are no construction or development activities conducted within six (6) months, The
Manager Director of the Community Development Department will attempt to contact the
property owner (via certified mail) for a project update. Should the property owner not
respond within thirty (30) days of receipt of the status request, the bond will be used to
revegetate the project site.
Section 13: Fines and Penalties
(a) Any person, firm, corporation or other entity violating any of the provisions of this
Ordinance shall be liable for a fine of up to a maximum $1000.00 per violation per
day. Each calendar day a violation exists shall be considered a separate offense.
There are no maximum limitations to the accrual of fines.
(b) Each owner of any property wherein a violation exists shall be jointly and severally
responsible for said violations. Each offense will be tried in the Municipal Court of
Milton.
Section 14: Appeals
(a) Any person aggrieved or affected by any decision of the City Arborist relating to the
application of these regulations may file an appeal within thirty (30) days of the
decision with the ManagerDirector of the Community Development Department for
relief or reconsideration.
(b) Any person aggrieved or affected by any decision of the ManagerDirector of the
Department of Community Development relating to the application of these
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regulations may file an appeal within 30 days of the decision with the Mayor and City
Council (until such time as the Board of Zoning Appeals is established) and the
Board of Zoning Appeals once established by the Mayor and City Council. The
appeal shall be made through the ManagerDirector of Community Development.
(c) Appeals shall only be granted for errors of interpretation or where the unique natural
features of the site are such that application of these regulations would create an
undue hardship to the property owner, and in other instances where an undue
hardship is created for the owner of the property.
Section 15: Validity
Should any section or provision of this Ordinance, or its accompanying Administrative
Guidelines, be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the Ordinance in whole or any part thereof other than the part so
declared invalid.
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