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HomeMy WebLinkAboutAgenda Packet CC - 12/21/2006 - December 21, 2006 Packet (Migrated from Optiview) CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman - District 1 Julie Zahner Bailey - District 2 Bill Lusk - District 3 Neal O’Brien - District 4 Tina D’Aversa-Williams - District 5 Rick Mohrig - District 6 Thursday, December 21, 2006 Regular Council Meeting Agenda 5:30 PM 1) CALL TO ORDER 2) ADMINISTER OATH OF OFFICE TO THE NEWLY ELECTED OFFICIALS (Runoff Election) - Judge Tom Campbell 3) ROLL CALL 4) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 06-125) 5) APPROVAL OF MEETING AGENDA (add or remove items from agenda) 6) QUESTIONS BY DISTRICTS 3 & 4 TO ACTION PREVIOUSLY TAKEN BY THE CITY COUNCIL (Agenda Item No. 06-126) 7) REPORT AND ACCEPTANCE OF FULTON COUNTY ELECTION RESULTS FOR THE DECEMBER 5, 2006 RUNOFF (Presented by Jeanette Marchiafava, City Clerk/Clerk of Court) (Agenda Item No. 06-127) 8) ELECTION OF MAYOR PRO TEM 9) REPORTS AND PRESENTATIONS 1. Presentation of the American Flag by Congressman Tom Price. 2. Presentation by Fulton County Commissioner Lynne Riley. 10) PUBLIC COMMENT (Agenda Item No. 06-128) 11) CONSENT AGENDA Page 1 of 4 Hopewell Middle School Cafeteria 13060 Cogburn Road Alpharetta, GA 30004 MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 21, 2006 –5:30 PM Page 2 of 4 Hopewell Middle School Cafeteria 13060 Cogburn Road Alpharetta, GA 30004 1. Approval of the November 21, 2006 Special Called Meeting Minutes. 2. Approval of the November 22, 2006 Special Called Meeting Minutes. 3. Approval of the November 27, 2006 Special Called Meeting Minutes. 4. Approval of the November 28, 2006 Special Called Meeting Minutes. 5. Approval of the November 29, 2006 Special Called Meeting Minutes. 12) ZONING AGENDA (none at this time) 13) FIRST PRESENTATION (Agenda Item No. 06-129) 1. Approval of an Ordinance Adopting an Open Records Policy. (Presented by Jeanette Marchiafava, City Clerk/Clerk of Court) AN ORDINANCE TO ADOPT AND APPROVE THE OPEN RECORDS POLICY FOR THE CITY OF MILTON, GEORGIA; TO PROVIDE FOR GUIDANCE IN ADMINISTERING SUCH POLICY; AND FOR OTHER PURPOSES (Agenda Item No. 06-130) 2. Approval of an Ordinance Granting a Franchise Agreement with Georgia Power. (Presented by Aaron Bovos, City Manager) AN ORDINANCE GRANTING A FRANCHISE AGREEMENT WITH GEORGIA POWER BY THE CITY OF MILTON, GEORGIA 14) UNFINISHED BUSINESS (Agenda Item No. 06-124) 1. Approval of an Ordinance to appoint the Milton City Council to act Temporarily as the Northwest Fulton Overlay District Design Review Board. (Second Reading) (Presented by Mike Tuller, Community Development Manager) AN ORDINANCE TO APPOINT THE MILTON CITY COUNCIL TO ACT TEMPORARILY AS THE NORTHWEST FULTON OVERLAY DISTRICT DESIGN REVIEW BOARD ZONING ORDINANCE PUBLIC HEARING (Agenda Item No. 06-117) 2. Approval of an Ordinance to Adopt Amendments to the Fulton County Zoning Resolution, thereby adopting and establishing the Zoning Ordinance and Official Zoning Maps of the City of Milton, Georgia. (Second Reading) (Presented by Mike Tuller, Community Development Manager) AN ORDINANCE TO ADOPT THE ZONING ORDINANCE OF THE CITY OF MILTON, GEORGIA (Agenda Item No. 06-118) 3. Approval of an Ordinance to Adopt the Fulton County Subdivision Regulations as the City of Milton, Georgia Subdivision Regulations. (Second Reading) (Presented by Mike Tuller, Community Development Manager) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 21, 2006 –5:30 PM Page 3 of 4 Hopewell Middle School Cafeteria 13060 Cogburn Road Alpharetta, GA 30004 AN ORDINANCE TO ADOPT THE FULTON COUNTY SUBDIVISOIN REGULATIONS AS THE CITY OF MILTON, GEORGIA SUBDIVISION REGULATIONS (Agenda Item No. 06-119) 4. Approval of an Ordinance Adopting the International Property Maintenance Code, 2003 Edition as amended. (Second Reading) (Presented by Mike Tuller, Community Development Manager) APPROVAL OF AN ORDINANCE ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2003 EDITION AS AMENDED 15) NEW BUSINESS (Agenda Item No. 06-131) 1. Resolution Authorizing the Mayor to execute closing documents to effectuate the transfer of title for Parks and Fire Stations. (Presented by Aaron Bovos, City Manager) A RESOLUTION DIRECTING THE MAYOR TO EXECUTE AND COMPLETE THE NECESSARY DOCUMENTS TO EFFECTUATE THE TRANSFER OF TITLE ON REAL PROPERTY CURRENTLY OWNED BY FULTON COUNTY, GEORGIA TO THE CITY OF MILTON, GEORGIA; AND FOR OTHER PURPOSES (Agenda Item No. 06-132) 2. Resolution to Create a Committee to serve as the citizen’s participation group for the Bike and Pedestrian Paths Grant awarded through the State of Georgia to the City of Milton; and for other purposes. (Presented by Aaron Bovos, City Manager) A RESOLUTION TO CREATE A COMMITTEE TO SERVE AS THE CITIZEN’S PARTICIPATION GROUP FOR THE BIKE AND PEDESTRIAN PATHS GRANT AWARDED THROUGH THE STATE OF GEORGIA TO THE CITY OF MILTON; AND FOR OTHER PURPOSES (Agenda Item No. 06-133) 3. Approval of a Resolution Authorizing the Execution of a Service Contract between CH2M HILL, INC. and the City of Milton, Georgia. (Presented by Aaron Bovos, City Manager, and Rick Hirsekorn, Senior Vice President) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF MILTON AND CH2M HILL, A FLORIDA CORPORATION, FOR PROFESSIONAL SERVICES RELATED TO CITY ADMINISTRATION, FINANCE, AND COMMUNITY SERVICES; AUTHORIZING THE MAYOR, CITY MANAGER AND CITY CLERK TO EXECUTE AND COMPLETE THE NECESSARY DOCUMENTS TO EFFECTUATE THE AGREEMENT; AND FOR OTHER PURPOSES (Agenda Item No. 06-134) 4. Approval of a Resolution Approving the City of Milton Youth Athletic Association Facility Use Agreement and Organizational Requirements for external non-profit entities interested in public park usage. (Presented by Aaron Bovos, City Manager) A RESOLUTION APPROVING THE CITY OF MILTON YOUTH ATHLETIC ASSOCIATION FACILITY USE AGREEMENT AND ORGANIZATIONAL REQUIREMENTS FOR EXTERNAL NON- PROFIT ENTITIES INTERESTED IN PUBLIC PARK USAGE; AUTHORIZING THE MAYOR, CITY MANAGER, AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 21, 2006 –5:30 PM Page 4 of 4 Hopewell Middle School Cafeteria 13060 Cogburn Road Alpharetta, GA 30004 NECESSARY AGREEMENT BETWEEN THE CITY OF MILTON, GEORGIA AND ANY YOUTH ATHLETIC ASSOCIATION; AND FOR OTHER PURPOSES (Agenda Item No. 06-135) 5. Approval of Monthly Invoice for Legal Fees. (Presented by Carol Wolfe, City Treasurer) 16) MAYOR AND COUNCIL REPORTS 17) STAFF REPORTS (Agenda Item No. 06-136) 18) ADJOURNMENT THE UNAPPROVED DRAFT OF THE MINUTES WILL BE DISTRIBUTED ELECTRONICALLY City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Jeanette Marchiafava, City Clerk/Clerk of Court Date: December 12, 2006 for Submission onto the December 21, 2006 Regular City Council Meeting for First Presentation and Second Reading onto the January 11, 2007 Regular City Council Meeting Agenda Item: An Ordinance Adopting an Open Records Policy CMO (City Manager’s Office) Recommendation: Approve the Ordinance adopting an Open Records Policy for the City of Milton, Georgia. Background: The City of Milton is committed to conducting City business in a manner that complies with all legal requirements, fosters citizen confidence in City government, and promotes efficient and effective government operations. Discussion: Requests for public records is defined in O.C.G.A. 50-18-70 through 77 called the Georgia Open Records Act that establishes the right of every citizen to inspect and take a copy of all records except those specifically exempt from being open. This policy outlines guidelines for those requests to include ownership of public records, which are records created and acquired by an employee of the City of Milton in the course of conducting government business and are the property of the City of Milton and of the State of Georgia. This policy addresses the release of information procedures. Formal requests for information should be made in writing to the City Clerk. Pursuant to O.C.G.A. 50-18-70, if an individual has the right to inspect a record, he/she also has the right to make extracts or to make copies of the records under the supervision of the custodian of the records. Mayor and Council approved the retrieval fees for these requests in the recently adopted budget. There are types of exempted documents that are not subject to disclosure that are defined in O.C.G.A. 50- 18-72 and the exempted documents are listed in the attached policy. Alternatives: N/A Concurrent Review: Aaron Bovos, City Manager Page 1 of 1 Page 1 of 1 ORDINANCE NO. ______ STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ADOPT AND APPROVE THE OPEN RECORDS POLICY FOR THE CITY OF MILTON, GEORGIA; TO PROVIDE FOR GUIDANCE IN ADMINISTERING SUCH POLICY; AND FOR OTHER PURPOSES The Council of the City of Milton hereby ordains while in regular session on the ____ day of ____________at ____ p.m.: WHEREAS, it is necessary, from time to time, to establish policies and procedures consistent with the administration of a municipal government in alignment with federal, state, and local regulations; and WHEREAS, the City Clerk’s office has comprehensively developed the Open Records Policy to provide guidance and direction to City officials and City employees, to establish standard policies for recurring matters, to establish strong internal controls and legal compliance, and to provide for an efficient and effective means to serve constituents; and WHEREAS, upon adoption, staff will incorporate the Open Records Policy into the City’s management program and effectuate the management of documents; and WHEREAS, the City intends to utilize these policies and procedures in all open records requests. NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS that: SECTION 1. That the Ordinance relating to the Open Records Policy is hereby adopted and approved; and is attached hereto as if fully set forth herein; and, SECTION 2. That this Ordinance shall be designated as the Open Records Policy of the City of Milton, Georgia; and, SECTION 3. That staff is hereby directed to develop operating procedures and practices consistent with the nature and scope of the policy attached hereto; and SECTION 4. This Ordinance shall be effective immediately after adoption. . ORDAINED this ______day of ________________, 2007. Approved: ________________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) CITY OF MILTON OPEN RECORDS POLICY Purpose I Policy II Public Records III Ownership of Public Records IV Release of Information Procedures V Inspection of Records; fees; costs VI Exemptions VII I. PURPOSE - The purpose of this policy is to provide procedures for open records requests. II. POLICY - The City of Milton is committed to conducting City business in a manner that complies with all legal requirements, fosters citizen confidence in City government, and promotes efficient and effective governmental operations. The City recognizes the importance of communicating information to citizens and other interested parties and will cooperate in supplying requested information which is considered a matter of public record. III. PUBLIC RECORDS - O.C.G.A. 50-18-70 (a) defines a public record as all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency. Public records shall also mean such items received or maintained by a private person or entity on behalf of a public office or agency that are not otherwise subject to protection for disclosure. O.C.G.A. 50-18-70 through 77, called the Georgia Open Records Act, establishes the right of every citizen to inspect and take a copy of all records except those specifically exempt from being open. When an agency receives a record request under the Open Records Act, it must comply with guidelines established in the law: • The agency has three business days from the date of the request to determine if the requested records are open or closed. • If the records are closed, the agency must respond in writing specifying the legal authority for restricting access to the records. • Otherwise, the records are to be provided within the three-day period or a plan for providing access to the records provided to the requester. IV. OWNERSHIP OF PUBLIC RECORDS – Records created and acquired by an employee of the City of Milton in the course of conducting government business are the property of the City of Milton and of the State of Georgia. Persons who create or acquire custody or possession of official records by virtue of their positions do not necessarily attain a proprietary interest in these records. City of Milton records are public records under the law and belong to the government rather than the employee. All City employees are responsible for reporting any actual or Open Records Policy Page 1 of 5 Office of City Clerk threatened loss or removal of records to the City Clerk, City Attorney, City Manager, or Department Head. V. RELEASE OF INFORMATION PROCEDURES - Formal requests for information under the Public Records Act pursuant to O.C.G.A. § 50-18-70 should be made in writing to the City Clerk. The City Clerk may accept requester’s formal written request or shall provide an Open Records Request Form to the person making the request, which must be completed and returned to the City Clerk for further action. Informal requests may be made verbally. The public will not need to make a formal request for copies or viewing of routine ordinances, resolutions, agendas, maps, and minutes. Upon receipt of request, the City Clerk will notify the appropriate Department Head/Director by Form ORR-1 for retrieval of information. When the requested information is compiled, all information along with Form ORR-1, reflecting attorney review and approval, approval by Department Head/Director and an estimate of costs and time, will be submitted to the City Clerk. (See Form ORR-1) The City Clerk will certify information, issue invoice, and notify requester to make arrangements for submittal of information. Exception: Standardized and routine open records requests such as accident, incident, and miscellaneous reports and general research and analysis requests from the Police and Fire Departments will be received and handled by the Police and Fire Departments. Also, open record requests pertaining to municipal court dispositions will be handled by the Clerk of Court. Whenever either type of request is received, the Department Head/Director or designated person responsible for control of that information should ensure that the information is provided as quickly as possible. Within 48 hours the City Clerk will be advised of requests, which cannot be available to the requester within three (3) business days from the date of receipt. The advisory will include a description of the records requested and a timetable for availability. The City Clerk will provide a written notification of this information to the requester within 24 hours. In no event shall more than three (3) business days lapse before a written timetable of inspection is provided to the requester from the City Clerk or the information is provided to the requester by the appropriate Department Head/Director. Exceptions to the Open Records law are provided below. If there is a question as to whether or not information requested is subject to the Open Records law, the Department Head/Director shall immediately contact the City Clerk. In all cases, the City Attorney shall make the final decision if information is to be withheld and will provide a written response citing the appropriate code section, which exempts the records from being released. VI. INSPECTION OF RECORDS; FEES, COSTS – Pursuant to O.C.G.A. § 50-18- 70, if an individual has the right to inspect a record, he/she also has the right to make extracts or to make copies of the records under the supervision of the Open Records Policy Page 2 of 5 Office of City Clerk custodian of the records. If information is to be released, the requester will be allowed access, during normal business hours, to the documents containing the requested information. Departments should decide what hours to make documents available and monitor and supervise the inspection of approved records. City of Milton employees do not have to prepare reports, summaries or compilations of public records not in existence at the time of the request. Copies must be furnished, if requested, at a charge of $.25 cents per page. A written response to all formal requests must be prepared indicating the time and place the records may be inspected and the approximate cost involved. A fee may be charged for research, retrieval, monitoring, and other direct administrative costs involved with the request, after the first fifteen (15) minutes of employee time expended. This fee should represent the salary of the lowest paid full-time employee who possesses the necessary skill and training to perform the request. Additional fees may be charged for other relevant information (e.g. comprehensive plans, manuals, zoning and municipal ordinances, CDs) in accordance to the adopted citywide fee schedules. Redaction of Information: Many documents/materials are exempted from release in their entirety and these items may be completely removed from the record. Other documents/materials contain only specific information, which is exempted from release. In these instances, a photocopy of the document will be made and the specific exempted information will be blacked out with a heavy ink marker. The document photocopy will then be recopied to insure it cannot be read. VII. EXEMPTIONS Types of exempted documents that are not subject to disclosure are defined in O.C.G.A. 50-18-72. (In all cases, the City Attorney shall make the final decision if information is to be withheld and will provide a written response citing the appropriate code section, which exempts the records from being released) These are a few types of exempted documents: 1. Any record required by the federal government to be kept confidential. 2. An individual’s social security number and insurance or medical information in personnel records, which may be redacted from such records (Pursuant to O.C.G.A. 50-18-72, 11.1) 3. Medical files Open Records Policy Page 3 of 5 Office of City Clerk 4. Records compiled for law enforcement or prosecution purposes to the extent that production of such records would disclose the identity of a confidential source, disclose confidential investigative or prosecution material, which would endanger the life or physical safety of any person or persons, or disclose the existence of a confidential surveillance or investigation. 5. Records of law enforcement prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports, accident reports, and incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated. 6. Records that consist of confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee, and records consisting of material obtained in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action or the investigation is otherwise concluded or terminated, provided that this paragraph shall not be interpreted to make such investigatory records privileged. 6. Real estate appraisals, engineering or feasibility estimates, or other records made relative to the acquisition of real property until such time as the property has been acquired or the proposed transition has been terminated or abandoned. 7. Those portions of records which would identify persons applying for or under consideration for employment or appointment as executive head of an agency (“agency” is defined as a department, commission, board or authority, not just the city government); provided, however, that at least 14 calendar days prior to the meeting at which final action or vote is to be taken on the position, the agency shall release all documents which came into its possession with respect to as many as three persons under consideration whom the agency has determined to be the best qualified for the position and from among whom the agency intends to fill the position. Prior to the release of these documents, an agency may allow such a person to decline from being considered further for the position rather than have the documents pertaining to the person released. If the agency has conducted its hiring or appointment process open to the public, it shall not be required to delay 14 days prior to taking final action. The agency shall not be required to release such records with respect to other applicants or persons under consideration. Upon request, the agency shall furnish the number of applicants and the composition of the list by such factors as race and sex. 8. Records that would reveal the home address or telephone number, social security number, or insurance or medical information of law enforcement officers, or judges or identification of immediate family members or dependents thereof. Open Records Policy Page 4 of 5 Office of City Clerk Examples of those records considered exempt from being open are as follows: 1. Portions of personnel files that include medical records, evaluations and exams, and materials obtained to investigate disciplinary action until 10 days after issue is resolved. 2. Documents concerning ongoing criminal investigations, the informants and, in exceptional cases, names of complainants other than the initial arrest reports, accident reports and incident reports. 3. Names or addresses of juvenile offenders. 4. Real Estate documents pending acquisition. Open Records Policy Page 5 of 5 Office of City Clerk City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Aaron J. Bovos, City Manager Date: December 13, 2006 for December 21, 2006 City Council Meeting Agenda Item: An Ordinance Granting a Franchise Agreement with Georgia Power for Utility Services CMO (City Manager’s Office) Recommendation: Approve the attached ordinance granting a franchise agreement to Georgia Power for a period of thirty five (35) years; and for other purposes. Background: House bill 1470 outlines the City’s Charter, and provides in Section 1.12, Municipal Powers, paragraph (b), subsection (23) the following: Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefore; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; Because the City of Milton has existing infrastructure from utility companies already in place, the service delivery strategy for such utilities and staff’s recommendation is to maintain the ability of the utility systems to operate within the corporate city limits. As a result, an ordinance granting Georgia Power the ability to use and occupy the City’s right of way has been placed on the agenda and is recommended for approval. As detailed below, this ordinance will provide the ability for the City to be reimbursed for the use of such right of way and maintenance. On average, franchise revenues comprise 8.51% of revenues for Georgia cities. Milton’s dependence upon this revenue source is somewhat higher, at 10.27%. Based upon case law, these fees, if passed onto the customer, are not deemed a tax, but rather a charge for service based upon the nature of the agreement. Discussion: Franchise agreements provide a method in which the City can recuperate expenses associated with providing and maintaining infrastructure and rights of way for utility providers to deliver services. These agreements are negotiated on an industry type basis and require continuity across the specific utility sector, i.e. all electric providers must have similar agreements. City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 Specific details on the Georgia Power agreement are as follows: • Term: thirty-five (35) years; • Payment frequency: annually; • Fee: 4% on gross sales of electric energy; • Status: Not shown on customer bill • Effective Date: December 1, 2006 The Mayor and City Council adopted a franchise agreement for Georgia Power on November 21, 2006. This agreement contained language which provided Georgia Power to remit quarterly payments to the City. Georgia Power has denied that agreement. Their organization does not provide any means or mechanisms to provide quarterly payments to any government and despite our cash flow challenges in our first years of incorporation, they are unwilling to accept a quarterly fee arrangement. As a result, we have scheduled this agenda item with a revised document providing for annual payments. Georgia Power has agreed to pay all fees collected during the month of December 2006 in January 2007, along with a second payment in March for an estimated 25% of the annual fees in advance. Alternatives: N/A Concurrent Review: Carol Wolfe, SPHR, CGFM, City Treasurer and Director of Operations 11675 Wills Road Alpharetta, Georgia 3004 GEORGIA M POWER A SOUTHERN COMPANY The Mayor and Council of the City of Milton, Georgia recognize that we all depend on the benefits made possible by safe, clean, and reliable electricity. They also have recognized that we are a community that values our quality of life, nature, and especially trees. Trees purify the air we breathe. They provide shade for our homes, habitat for wildlife as well as provide us with a sense of place, permanency, and longevity. Georgia Power embraces these concepts. Reliable service, public safety, and customer satisfaction are very important to Georgia Power as a supplier of electricity to the City of Milton. As such, Georgia Power will provide the following to the City of Milton and its citizens in order to help preserve and protect a safe and healthy urban forest: 1) Submit an annual plan of work to the City Arborist outlining Georgia Power's anticipated areas of maintenance pruning. Georgia Power Company will notify the City Arborist with current locations of work in progress, 2) Georgia Power will conduct their maintenance pruning to ensure appropriate pruning cycles are utilized. The pruning cycles will be outlined in Georgia Power's annual plan of work and will be cycles of no longer than 4 years. These pruning cycles will reflect the pruning necessary to prevent the tree limbs from growing into the conductor prior to the next pruning cycle. In the southeastern United States, the native species and growing conditions would necessitate a pruning cycle of three to four years. 3) Georgia Power will work to ensure that all line clearing activities (planned and emergency) will be performed in accordance with current, or as amended, ANSI standards (A300 — tree care standard and 2133.1 — worker safety standard) and under the general direction of a certified arborist. Georgia Power's work specifications mandate that all pruning will be done to accepted industry standards (ANSI A300) to minimize adverse impacts to tree health. These standards are recognized by the International Society of Arboriculture, the National Arbor Day Foundation, the National Arborist Association, and other professional and trade organizations. Davi Sea o Region Manager City Manager Georgia Power Company Milton, Georgia ORDINANCE GRANTING FRANCHISE To GEORGIA POWER COMPANY By CITY OF MILTON On ______________________________, 20____ The within franchise accepted on __________________________, 20____. GEORGIA POWER COMPANY By:_______________________________ President 1678675.01 ORDINANCE GRANTING PERMISSION AND CONSENT to Georgia Power Company, a Georgia corporation, to occupy the streets and public places of the City of Milton, Georgia, a municipality and political subdivision of the State of Georgia, in constructing, maintaining, operating, and extending poles, lines, cables, equipment, and other apparatus for transmitting and distributing electricity and for other purposes. SECTION I. The Council of the City of Milton (hereinafter referred to as the "City") hereby ordains that the authority, right, permission, and consent are hereby granted to Georgia Power Company and its successors, lessees, and assigns (hereinafter referred to collectively as the "Company"), for a period of thirty-five (35) years from the date of the Company's acceptance hereof, to occupy and use the streets, alleys, and public places of the City within the present and future corporate limits of the City as from time to time the Company may deem proper or necessary for the overhead or underground construction, maintenance, operation, and extension of poles, towers, lines, wires, cables, conduits, insulators, transformers, appliances, equipment, connections, and other apparatus (hereinafter referred to collectively as the "Company's Facilities") for the business and purpose of transmitting, conveying, conducting, using, supplying, and distributing electricity for light, heat, power, and other purposes for which electric current may be or become useful or practicable for public or private use, and to re-enter upon such streets, alleys, and public places from time to time as the Company may deem proper or necessary to perform these functions, and to cut and trim trees and shrubbery when and where necessary, in the judgment of the Company, to insure safe and efficient service. SECTION II. Be it further ordained that the rights, permission, and consent herein contained are granted for the following considerations and upon the following terms and conditions: 1. The Company shall pay into the treasury of the City (a) on or before the first day of March in each year following the granting of this franchise, a sum of money equal to four percent (4%) of the gross sales of electric energy to customers served under residential and commercial rate schedules (as prescribed by the Georgia Public Service Commission) within the corporate limits of the City during the preceding calendar year and four percent (4%) of the gross sales of electric energy to customers served under industrial rate schedules (as so prescribed) within the corporate limits of the City during the period beginning on the first day of the month following the granting of this franchise and ending on December 31 thereafter and (b) on or before the first day of March of each year thereafter during the term of this franchise, a sum of money equal to four percent (4%) of the gross sales of electric energy to customers served under residential, commercial, and industrial rate schedules (as so prescribed) within the corporate limits of the City during the preceding calendar year, on condition that in the event the City hereafter shall grant to any other entity the right to use and occupy the City's streets for like purposes, such use and occupancy shall be upon the same terms and conditions as those herein contained, including the payment provisions hereof. 2. The amount, if any, of any tax, fee, charge, or imposition of any kind required, demanded, or exacted by the City on any account, other than ad valorem taxes on property, shall operate to reduce to that extent the amount due from the percentage of gross sales provided for in paragraph 1 of this Section II. 3. The Company shall fully protect, indemnify, and save harmless the City from all damages to persons or property caused by the construction, maintenance, operation, or extension of the Company's Facilities, or conditions of streets, alleys, or public places resulting therefrom, for which the City would otherwise be liable. -1- 4. The Company shall, in constructing, maintaining, operating, and extending the Company's Facilities, submit and be subject to all reasonable exercises of the police power by the City. Nothing contained herein, however, shall require the Company to surrender or limit its property rights created hereby without due process of law, including adequate compensation, for any other purpose at the instance of the City or for any purpose at the instance of any other entity, private or governmental. 5. For purposes of paragraph 6 of this Section II, the term "Distribution Facilities" means poles, lines, wires, cables, conductors, insulators, transformers, appliances, equipment, connections, and other apparatus installed by or on behalf of the Company (whether before or after the adoption of this ordinance) in the streets, alleys, or public places of the City for the purpose of distributing electricity within the present and future corporate limits of the City. Distribution Facilities do not include any of the following: (i) electric transmission lines with a design operating voltage of 46 kilovolts or greater (hereinafter referred to as "Transmission Lines"); (ii) poles, towers, frames, or other supporting structures for Transmission Lines (hereinafter referred to as "Transmission Structures"); (iii) Transmission Lines and related wires, cables, conductors, insulators, or other apparatus attached to Transmission Structures; (iv) lines, wires, cables, or conductors installed in concrete-encased ductwork; or (v) network underground facilities. 6. In the event that the City or any other entity acting on behalf of the City requests or demands that the Company relocate any Distribution Facilities from their then-current locations within the streets, alleys, and public places of the City in connection with a public project or improvement, then the Company shall relocate, at its expense, the Distribution Facilities affected by such project or improvement. The Company's obligations under this paragraph 6 shall apply without regard to whether the Company has acquired, or claims to have acquired, an easement or other property right with respect to such Distribution Facilities and shall not affect the amounts paid or to be paid to the City under the provisions of paragraph 1 of this Section II. Notwithstanding the foregoing provisions of this paragraph 6, the Company shall not be obligated to relocate, at its expense, any of the following: (i) Distribution Facilities that are located on private property at the time relocation is requested or demanded; (ii) Distribution Facilities that are relocated in connection with sidewalk improvements (unless such sidewalk improvements are related to or associated with road widenings, the creation of new turn lanes, or the addition of acceleration/deceleration lanes); (iii) Distribution Facilities that are relocated in connection with streetscape projects or other projects undertaken primarily for aesthetic purposes; or (iv) Distribution Facilities that are converted from an overhead configuration or installation to an underground configuration or installation. 7. The City and the Company recognize that both parties benefit from economic development within the City. Accordingly, when it is necessary to relocate any of the Company's Facilities (whether Distribution Facilities, Transmission Lines, Transmission Structures, or other facilities) within the City, the City and the Company shall work cooperatively to minimize costs, delays, and inconvenience to both parties while ensuring compliance with applicable laws and regulations. In addition, the City and the Company shall communicate in a timely fashion to coordinate projects included in the City's five-year capital improvement plan, the City's short-term work program, or the City's annual budget in an effort to minimize relocation of the Company's Facilities. Such communication may include, but is not limited to, (i) both parties' participation in the Georgia Utilities Coordinating Council, Inc. (or any successor organization) or a local utilities coordinating council (or any successor organization) and (ii) both parties' use of the National Joint Utility Notification System (or any successor to such system mutually acceptable to both parties). 8. With regard to each streetscape project undertaken by or on behalf of the City, the City shall pay the Company in advance for the Company's estimated cost to relocate any of the Company's Facilities -2- (whether Distribution Facilities, Transmission Lines, Transmission Structures, or other facilities) in connection with such project. For each streetscape project, the Company shall estimate in good faith the amount of incremental base revenue, if any, that the Company will realize as a result of new customer load or expansion of existing customer load attributable to such project; and such estimate shall be based on tariffs in effect at the time that construction of such project begins and shall not include fuel recovery charges, non-electric service billings, or taxes. If such estimate indicates that the Company will realize incremental base revenue, the Company shall do one of the following, whichever results in greater cost savings to the City: (i) reduce the City's advance payment to the Company for relocation costs by ten percent (10%); or (ii) where the City has developed a bona fide marketing plan within twelve (12) months after construction of such project begins, either refund the amount of the Company's incremental base revenue during such twelve-month period to the City or credit such amount against any future payment due from the City to the Company. The City and the Company acknowledge and agree that the amount of any refund or credit calculated pursuant to clause (ii) of the foregoing sentence of this paragraph 8 shall not exceed the amount of the City's advance payment to the Company for relocation costs associated with such project. SECTION III. Be it further ordained that nothing contained in this ordinance shall limit or restrict the right of customers within the corporate limits of the City to select an electric supplier as may hereafter be provided by law. SECTION IV. Be it further ordained that the Company shall, within ninety (90) days from the approval of this ordinance, file the Company's written acceptance of the franchise granted in this ordinance with the Clerk of the City, so as to form a contract between the Company and the City. SECTION V. Be it further ordained that upon such acceptance all laws and ordinances, and all agreements between the Company and the City with respect to the Company's use of the City's streets, alleys, and public places, in actual conflict herewith be and the same shall thereupon stand repealed and terminated, respectively. Adopted by the City Council of the City of Milton, Georgia, at a meeting held on _________________________, 20____. Approved:_________________________, 20____. __________________________________________ Mayor -3- I, ______________________________, Clerk of the City of Milton, Georgia, hereby certify that I was present at the meeting of the City Council of the City of Milton, Georgia, held on ___________________, 20____, which meeting was duly and legally called and held, and at which a quorum was present, and that an ordinance, a true and correct copy of which I hereby certify the foregoing to be, was duly passed and adopted by the City Council of the City of Milton, Georgia, at said meeting. IN WITNESS WHEREOF, I hereunto set my hand and the corporate seal of the City of Milton, County of Fulton, State of Georgia, this _______ day of _______________________, 20____. _____________________________________ Clerk -4- City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Michael M. Tuller, AICP, Community Development Manager Date: December 13, 2006 for Submission onto the December 21, 2006 City Council Meeting Agenda Item: Approval of an Ordinance to appoint the Milton City Council to act temporarily as the Northwest Fulton Overlay District Design Review Board. CMO (City Manager’s Office) Recommendation: To approve this ordinance to appoint the Milton City Council to act temporarily as the Northwest Fulton Overlay District Design Review Board. Background: Within the City of Milton Zoning Ordinance, Article 12.H.2 establishes the Northwest Fulton Overlay District Design Review Board. Article 12.H.2 also directs the Northwest Fulton Overlay District Design Review Board to review and make recommendations to the Community Development Manager prior to approval of a Land Disturbance Permit, Building Permit, Sign Permit and Primary Variance. Discussion: Since the City Council has the unique situation of creating a brand new Design Review Board which will be in place sometime in the near future, an alternative process is needed for applicants to receive approved permits in a timely manner. This ordinance allows the City Council to conduct the reviews and recommendations until such time as the City Council appoints the Design Review Board and conducts their first meeting per Article 12.H.2 of the City of Milton Zoning Ordinance. The first reading of this ordinance occurred on December 7th, 2006 and the 2nd reading will be on December 21st, 2006. During the first reading on December 7th, the Council discussed having members of Council who are available to review and make recommendations to Staff prior to the regularly scheduled Council meeting on a temporary basis. It was suggested that these items be scheduled on the 3rd Thursday in January, February, and March 2007 for 1 to 1 ½ hours prior to regularly scheduled meetings or until the Design Review Board is seated and convenes for the first time. In lieu of the meeting occurring prior to the meeting on the 3rd Thursday of the month, it is recommended that any items to be reviewed be placed on the City Council agenda instead of prior to the meeting. Staff will provide the members of Council any pending applications one week prior to the meeting for their review. The attached ordinance reflects this addition to the Northwest Fulton Design Review Board process. This will be approved concurrently with the City of Milton Zoning Ordinance so that Community Development activities will not be delayed. This process will allow the Staff to process and issue permits in a timely manner until such time that the Design Review Board is formed. Without this ordinance, the development community would have to wait for permits to be issued after forming and appointing the Design Review City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 Board. It is Staff’s opinion that this Board and others such as the Board of Zoning Appeals and the Planning Commission should be created after the Council Retreat when the council members can be briefed on procedures and processes for choosing the Design Review Board, Board of Zoning Appeals and the Planning Commission. The first scheduled Board of Zoning Appeals meeting is March 20, 2007 which gives adequate time for a BZA to be seated. The first Planning Commission meeting is scheduled for February 23, 2007 in which any proposed rezonings/concurrent variances and/or Use Permits can be heard directly before the City Council Meeting on March 1st, 2007 and than the next agenda can be heard before the newly seated Planning Commission on March 13th, 2007. Alternatives: An alternative to this ordinance could be that any items within the Northwest Fulton Overlay District to be permitted would not come before the City Council for review and recommendation prior to being permitted by the Community Development Department. Concurrent Review: Aaron J. Bovos, CGFM, CTP, City Manager STATE OF GEORGIA COUNTY OF FULTON ORDINANCE# _____ AN ORDINANCE TO APPOINT THE MILTON CITY COUNCIL TO ACT TEMPORARILY AS THE NORTHWEST FULTON OVERLAY DISTRICT DESIGN REVIEW BOARD. BE IT ORDAINED by the City Council of the City of Milton, GA while in a special called council meeting on December 21st, 2006 at 4:30 p.m. as follows: SECTION 1. The City Council will be appointing members of the Northwest Fulton Overlay District Design Review Board as directed by the Zoning Ordinance of the City of Milton in the near future; SECTION 2. Until such time the Design Review Board is appointed and convenes its first meeting to allow the Milton City Council to act temporarily as the Northwest Fulton Overlay District Design Review Board; SECTION 3. To have the City Council review any pending permits and make recommendations located within the Northwest Overlay District during the regular City Council meetings on the 3rd Thursday in January, February and March, 2007 or until the Design Review Board is appointed and convenes its first meeting; SECTION 4. To review all plans for development within the Northwest Overlay District which also contains the Crabapple and Birmingham Crossroads Overlay Districts for compliance with the standards set forth in the Zoning Ordinance of the City of Milton prior to the approval of a Land Disturbance Permit, Building Permit, Sign Permit, or Primary Variance. SECTION 5. That this Ordinance appoints the Milton City Council temporarily as the Northwest Fulton Overlay District Design Review Board until such time the Northwest Fulton Design Review Board is seated and convened is hereby adopted and approved; and SECTION 6. This Ordinance is effective December 21, 2006; SECTION 7. That this Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of December, 2006 __________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette Marchiafava, City Clerk (Seal) City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Michael Tuller, AICP, Community Development Manager Date: December 14, 2006 for Submission onto the December 21, 2006 City Council Meeting Agenda Item: Approval of an Ordinance to Adopt the Zoning Ordinance of the City of Milton CMO (City Manager’s Office) Recommendation: To approve this ordinance to adopt the Zoning Ordinance for the City of Milton. Background: The Zoning Ordinance serves as the foundation for development proposals within the City of Milton, where the ordinance provides a mechanism for orderly and sensible development activity. Discussion: Attached to this Ordinance is the Fulton County Zoning Resolution in which the City of Milton is adopting as its Zoning Ordinance. The first reading of this Ordinance was Thursday, December 7th and the second reading is scheduled for December 21st. After the approval of the Zoning Ordinance of the City of Milton, the City can then proceed with all aspects of the planning and development process. The Staff has made very few changes to the overall Fulton County Zoning Resolution, except for the replacement of its Chapter 33, which is related to the Sign Ordinance and corresponding language in the City’s Chapter 12, Offenses and Violations, specific to Overlay Districts. The replacement of the Chapter 33 Sign Ordinance is recommended by the City Attorney. It should be understood that anywhere where “Fulton County” appears, the “City of Milton” should replace it. Where the “Director of Environment and Community Development” appears, the “Community Development Manager” should be replaced. This ordinance also adopts the base geographical map and thirty-five sectional maps as previously created by Fulton County. At such time after further discussions with the Mayor and City Council and its citizens, the Zoning Ordinance of the City of Milton can be amended as seen beneficial to the City. Alternatives: There are no reasonable alternatives and it is necessary to approve this ordinance. Concurrent Review: Aaron J. Bovos, CGFM, CTP, City Manager STATE OF GEORGIA COUNTY OF FULTON ORDINANCE# _____ STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ADOPT THE CITY OF MILTON ZONING ORDINANCE BE IT ORDAINED by the City Council of the City of Milton, GA while in a special called council meeting on December 21st, 2006 at 5:30 p.m. as follows: SECTION 1. An ordinance dividing the City of Milton, Georgia, into zones or districts consistent with those zones or districts previously utilized by Fulton County, Georgia for the same Geographical area, regulating and restricting the location of trades and industries, and the location, erection, alteration and repair of buildings designed for specific uses and the use of lands within each of said zones or districts and relating thereto; SECTION 2. Regulating signage and billboards; adopting a base geographical map and thirty-five sectional maps as previously created by Fulton County and defining the Boundaries of said zones or districts that is incorporated by the reference in its entirety; requiring use and occupancy permits and said zones or districts; establishing a Board of Zoning Appeals and fixing the powers and duties thereof; establishing a City Planning Commission and fixing the powers and duties thereof; and providing for the adjustment, enforcement, amendment and penalties for violation of the this ordinance; including the existing Northwest, State Route 9, Crabapple Crossroads, and Birmingham Crossroads Overlay Districts, SECTION 3. That the Ordinance to adopt the Fulton County Zoning Resolution will be known as the “City of Milton Zoning Ordinance” hereby adopted and approved; and is attached hereto as if fully set forth herein; and, SECTION 4. This Ordinance is effective December 21, 2006; SECTION 5. That this Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of December, 2006 __________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette Marchiafava, City Clerk (Seal) City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Mike Tuller, Community Development Manager Date: November 28, 2006 for Submission onto the December 7, 2006 City Council Meeting Agenda Item: Approval of an Ordinance to Adopt the Fulton County Subdivision Regulations, January, 2003 Edition as amended CMO (City Manager’s Office) Recommendation: To approve this ordinance to adopt the Fulton County Subdivision Regulations, January 2003 Edition as amended. Background: The purpose of these rules and regulations are to ensure the health, safety and general welfare of the residents of the City of Milton. For any subdivision of land to be created, a set of rules and regulations are needed to ensure proper development. Discussion: Within the regulations issues relating to streets, access and utilities for new development are addressed. It also assures the provision of needed open space and building sites in new land developments through dedication or reservation of land for recreational, educational, environmental, green space, bikeways and pedestrian trials and other public purposes. These regulations assure equitable handling of all requests for the subdivision of land by providing uniform procedures and standards for the subdivider. The City’s staff uses these regulations when reviewing and approving subdivision plats. The changes made within the document were references of Fulton County to the City of Milton where applicable. Also, references of the Fulton County Department of Environment and Community Development were changed to the Community Development Department (Milton). Also, references to Director were changed to Manager where applicable. There were no changes made from the Fulton County Subdivision Regulations that affect the actual regulations or policies at this time. A tracked changes version is included for your review. Alternatives: There are no reasonable alternatives to adoption of this ordinance. Concurrent Review: Aaron J. Bovos, CGFM, CTP, City Manager STATE OF GEORGIA COUNTY OF FULTON ORDINANCE# _____ AN ORDINANCE TO ADOPT THE FULTON COUNTY SUBDIVISION REGULATIONS AS THE CITY OF MILTON, GEORGIA SUBDIVISION REGULATIONS. BE IT RESOLVED by the City Council of the City of Milton, GA while in a special called council meeting on December 21st, 2006 at 4:30 p.m. as follows: SECTION 1. These rules and regulations are intended to serve the following purposes, among others: SECTION 2. To protect and promote the health, safety and general welfare of the residents of the City of Milton; SECTION 3. To assure the adequate provision of streets, access, utilities, and other facilities and services to new land developments in conformance with public improvement standards and regulations of the City of Milton, Georgia; SECTION 4. To assure the adequate provision of safe and convenient traffic access, connectivity to other developments or facilities, and efficient circulation (both vehicular and pedestrian) in new land developments; SECTION 5. To assure equitable handling of all requests for the subdivision of land by providing uniform procedures and standards for the subdivider: SECTION 6. That this Ordinance to adopt the Fulton County Subdivision Regulations as the City of Milton, Georgia Subdivision Regulations is hereby adopted and approved; and is attached hereto as if fully set forth herein; and SECTION 7. This Ordinance is effective December 21, 2006; SECTION 8. That this Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of December, 2006 __________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette Marchiafava, City Clerk (Seal) Subdivision Regulations Effective December, 2006 S U B D I V I S I O N R E G U L A T I O N S 2006 CITY OF MILTON, GEORGIA Effective Date _________, 2006 Subdivision Regulations Effective December, 2006 TABLE OF CONTENTS Article I Title and Purpose Page 3 Article II Authority and Application Page 4 Article III Definitions Page 6 Article IV Requirements Page 13 Article V General Principles of the Land Page 17 Article VI Conservation Subdivision Page 20 Article VII Design Standards Page 21 Article VIII Required Improvements Page 29 Article IX Fees Page 45 Article X Administration and Enforcement Page 46 Article XI Violation and Penalty Page 48 Article XII Conflict Page 49 Article XIII Adoption Page 50 Article XIV Severability Page 51 Formatted: French (France) Formatted: French (France) Subdivision Regulations Effective December, 2006 ARTICLE I TITLE AND PURPOSE 1.1 The title of these regulations shall be known as “The Subdivision Regulations of the City of Milton, Georgia.” 1.2 These rules and regulations are intended to serve the following purposes, among others: 1. To protect and promote the health, safety, and general welfare of the residents of the City of Milton. 2. To encourage economically sound and stable land developments. 3. To assure the adequate provision of streets, access, utilities, and other facilities and services to new land developments in conformance with public improvement standards and regulations of the City of Milton, Georgia. 4. To assure the adequate provision of safe and convenient traffic access, connectivity to other developments or facilities, and efficient circulation (both vehicular and pedestrian) in new land developments. 5. To assure the provision of needed open space and building sites in new land developments through dedication or reservation of land for recreational, educational, environmental, green space, bikeways and pedestrian trails, and other public purposes. 6. To assure equitable handling of all requests for the subdivision of land by providing uniform procedures and standards for the subdivider. ARTICLE II Subdivision Regulations Effective December, 2006 AUTHORITY AND APPLICATION 2.1 The subdivision rules and regulations are adopted under the authority of Article IX, Section II, Paragraph IV and Article IX, Section II, Paragraph I of the 1983 Constitution of the State of Georgia. 2.2 Any subdivider of land within the incorporated City of Milton shall submit to the Manager of the Community Development Department of the City of Milton a minor or conceptual plat of the proposed subdivision conforming to all requirements set forth in these regulations and any other applicable county, state and federal regulations. Once the conceptual plat is approved, a final plat must be filed which conforms to all requirements set forth in these regulations. 2.3 No person, firm, corporation, owner, agent or subdivider shall sell, transfer or agree to sell any subdivided land without the minor or final plat of that subdivision having been confirmed by the Mayor and City Council of the City of Milton. 2.4 No subdivider shall proceed with any construction work on the proposed subdivision, including clearing, grading or grubbing, before obtaining the appropriate approvals and permits. 2.5 No land shall be dedicated, opened, extended or accepted as a public street or for any other public purpose before obtaining final approval from the Manager and confirmation by the Mayor and City Council of the City of Milton. The approval shall be entered in writing on the Final Plat by the Manager. Any subdivider of property for public purpose (other than streets) shall be transferred by deed. 2.6 No building permit shall be issued within the incorporated area of the City of Milton unless legal access is provided to a public street or a private street approved under the terms of these rules and regulations. 2.7 In residential subdivisions, building permits may be issued on the basis of any approved minor plat or final plat only after the approval of the Manager and the Mayor and City Council of the City of Milton’s confirmation. 2.8 The divisions of property by court order, including but not limited to judgments of foreclosure or consolidation and disbursement of existing lots by deed or other recorded instruments, shall not be considered a subdivision for purposes of, and shall not obviate the necessity for compliance with, these regulations. Subdivision Regulations Effective December, 2006 2.9 The subdivider shall be allowed one (1) building permit for a model home for each fifteen (15) lots located in the proposed subdivision, provided the subdivider provides an Agreement to Install Improvements Form and a cash surety equal to 125 % of the cost for the remaining infrastructure improvements, based on written estimates by the design professional for the project. Notwithstanding the permitted rate for model homes, the maximum number of building permits for model homes to be allowed in any one subdivision shall not exceed 10. The following shall apply for lots where model homes are allowed: 1. The lots shall be located within 300 feet of an active fire hydrant; 2. Main sewer and water lines for these lots shall be installed by the developer and be subject to review and approval by Fulton County, installation of these lines shall take place prior to issuance of the Certificate of Occupancy; and 3. The lots shall have a minimum of twenty (20) foot wide fire access road extending from a paved public street to within 100 feet of the proposed structure. Subdivision Regulations Effective December, 2006 ARTICLE III DEFINITIONS 3.1 PURPOSE Words not defined herein shall be construed to have the meaning given by Webster’s New Collegiate Dictionary, tenth edition. 3.2 DEFINITIONS Unless otherwise expressly stated, the following terms shall have the meaning herein indicated. 3.2.1 Alley or Service Drive - A minor, permanent vehicular service access to the back or the side of properties otherwise abutting a street. 3.2.2 Bike Paths – These paths serve to separate bicycle riders from vehicle and pedestrian traffic. Bike paths can meander through wooded areas, traverse the edge of open areas, and may (in many instances) parallel existing roadways or walks. 3.2.3 Block - A parcel of land or lots entirely surrounded by public or private streets, other than alleys. 3.2.4 Buildable Area - That portion of a lot where buildings and specified structures may be located after all minimum yards, buffers, landscape strips, and other setbacks have been met. 3.2.5 Building Setback Line - A graphic representation of the required minimum horizontal distance between a building and the related front, side, or rear property lines which establish the minimum space to be provided between the building and property line(s). 3.2.6 Comprehensive Plan - A set of documents approved by the Mayor and City Council of the City of Milton which sets forth desired long range development patterns for the incorporated City of Milton, Georgia. 3.2.7 Crosswalk - A right-of-way dedicated to public use, four (4) feet or more in width, that crosses a street and furnishes a specific area for pedestrian movements at an intersection. 3.2.8 Cul-de-sac - A street having only one connection to another street and being permanently terminated by a vehicular turn- around. 3.2.9 Cul-de-sac, Temporary – A street having one end open to Subdivision Regulations Effective December, 2006 traffic and being temporarily terminated by a vehicular turn-around. This temporary termination is to provide connectivity to future developments. 3.2.10 Department - The Community Development Department, City of Milton, Georgia. 3.2.11 Manager - The Manager of the Community Development Department, or his/her designee. 3.2.12 Driveway, access or shared - A paved area used for ingress or egress of vehicles, and allowing access from a street to a building, other structure or facility. 3.2.13 Driveway, Single-family Residential, access or shared (Private Drive) - A paved or unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other structure, or facility for no more than three (3) single-family residential lots. 3.2.14 Easement - A grant by the property owner for use by the grantee of a portion of land for specified purposes. 3.2.15 Health and Wellness Department - The Fulton County Health and Wellness Department or authorized representative thereof. 3.2.16 Land Disturbance Permit - An official authorization issued by the Department, allowing defoliation or alteration of a site or the commencement of any construction activities, including, but not limited to, clearing, grubbing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as defined in the Official Code of Georgia Annotated 1-3-3 (O.C.G.A.). 3.2.17 Lot - The basic lawful unit of land, identifiable by a single deed established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. In determining the area and dimension of a lot, no part of right-of-way of a road or crosswalk may be included. 3.2.18 Lot, Minimum Lot Size - The smallest permissible lot area established by the Zoning Ordinance or conditions of zoning. 3.2.19 Lot, Corner - A lot abutting two or more streets at their intersection. 3.2.20 Lot, Double/Multiple Frontage - A lot other than a corner lot abutting two or more streets that may or may not intersect at that lot. Subdivision Regulations Effective December, 2006 3.2.21 Mayor and City Council – The Mayor and City Council of the City of Milton, Georgia. 3.2.22 Plan, Conceptual - A drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a Land Disturbance Permit. 3.2.23 Plat - A map indicating the subdivision or re-subdivision of land, intended to be filed for recording. 3.2.24 Plat, Final - A finished drawing of a subdivision that provides a complete and accurate depiction of all legal and engineering information required by the Subdivision Regulations. Certification for recording and ratification of the Manager’s approval by the Mayor and City Council is required. 3.2.25 Plat, Minor - A finished drawing of a subdivision of no more than three (3)lots that, at the time of subdivision, does not necessarily, but may involve a land disturbance permit, new streets, the extension of a utility or other municipal facility and depicts all legal and engineering information required by these Subdivision Regulations. 3.2.26 Right of Way Dedication and Reservation Plan - An element of the City of Milton’s Comprehensive Plan maintained by the Department of Public Works which includes guidelines and/or procedures for the dedication and reservation of rights-of-way along public roadways. 3.2.27 Standard Details - Illustrative minimum standards for land development activities authorized under the land development regulations of the City. These standards shall not supercede more restrictive prudent design requirements or good engineering practices as applied to specific situations on a case-by-case basis. All construction shall meet or exceed the Fulton County minimum standards established by the Georgia Department of Transportation. 3.2.28 Street, private - A street that has not been dedicated to the municipality or other government entity. 3.2.29 Street, public - A dedicated and accepted right-of-way for vehicular traffic. 3.2.30 Street Classifications - The classification of streets based on functions, from high-traffic arterial roads to low traffic residential streets. The following are definitions intended to distinguish between different street classifications. All Roadways are classified per the Georgia Department of Subdivision Regulations Effective December, 2006 Transportation: A. Freeway - a multi-lane roadway that has full access control and separation of directional traffic. Freeways accommodate large volumes of high speed traffic and provide efficient movement of vehicular traffic for interstate and major through travel. B. Principal Arterial - a roadway that has partial or no access control, and is primarily used for fast or large volumes of traffic. Emphasis is placed on mobility rather than access to adjacent land. C. Minor Arterial - a roadway that has partial or no access control and is primarily used for inter- connectivity of principal arterials and placing more emphasis on access to adjacent land over mobility. D. Collector - a 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 and allow access to the local roads. E. Local - 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. F. Full Access Control - preference is given to through traffic by providing access connections only with selected public roads and by prohibiting crossings at grade and direct private connections. G. No Access Control - preference is generally given to access to adjacent land rather than mobility. H. 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 grades, but private connections shall be prohibited. I. Frontage Street – A road that typically runs parallel to a partial access controlled roadway, a full access controlled facility, or a railroad. Frontage roads provide public access to the adjacent parcels, help control access to the major facility, and/or maintain circulation of traffic on each side of the major facility. 3.2.31 Street, Residential - The following definitions are intended to distinguish between different categories of streets Subdivision Regulations Effective December, 2006 internal to residential subdivisions: A. Major Subdivision Street - a local road internal to a subdivision which serves 50 or more housing units. These units do not have to be directly served by the major subdivision street. Major subdivision streets are roads that serve as collectors for the subdivision traffic. Any residential street which accesses a collector or arterial road as set forth in 3.2.30 shall be considered a major subdivision street for the first 300 feet regardless of housing unit service. B. Minor Subdivision Street - a local road internal to a subdivision which serves fewer than 50 housing units and does not access a collector or arterial road as set forth in 3.2.30. C. Housing Unit Service - The number of housing units served by a street or collection of streets shall be the aggregate number of housing units provided, or potentially to be provided, with driveway access directly from the street(s) plus the number of units utilizing or potentially utilizing the street(s) for through traffic movements. Such calculations shall be made beginning and ending at the same street intersection. 3.2.32 Stub-out street – A street having one end open to traffic and being temporarily terminated at the other. Stub-outs generally do not 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 Fulton County Fire Department. 3.2.33 Subdivider - Any property owner, person, individual, firm, partnership, association, corporation, estate, trust, agent of property owner, or any other group or combination acting as a unit dividing or proposing to divide land so as to constitute a subdivision as herein defined. 3.2.34 Subdivision, residential and non-residential - Any division of a lot, tract or parcel, regardless of its existing or future use, into two (2) or more lots, tracts or parcels. The term “subdivision” may mean the act or process of dividing property, except that, where appropriate to the context, the term “subdivision” may be used in reference to the aggregate of all lots held in common ownership at the time of subdivision. 3.2.35 Traffic Mitigation Action Plan - A plan that studies and Subdivision Regulations Effective December, 2006 addresses the number of trips a subdivision will produce when such development results in the reduction of the level of service on any roadway currently functioning at “D” or worse in accordance with the County Transportation Standards. This plan shall include, but is not limited to, roadway improvements and other proposals such as providing transit access, transit use incentives, car/van pooling, bicycle path construction, off-site and internal sidewalk construction, and lunch trip reduction. Such plan shall mitigate the traffic impact in a manner that will show no negative impact on roads with level of service of “D” or worse. 3.2.36 Trails, Pedestrian or others – Extended and usually continuous strips of land established independently of other routes of travel and dedicated, through ownership or easement, to recreational travel including hiking, horseback riding, etc. 3.2.37 Utility Accommodations - Guidelines and Procedures - A County program maintained by the Department of Public Works which includes installing, maintaining, repairing, operating, or using a pole line, buried cable, pipeline, or miscellaneous utility facility, and performing miscellaneous operations authorized by a utility permit. 3.2.38 Utility Permit - An official authorization issued by the Department of Public Works, allowing alteration of land within the right-of-way for the commencement of any construction activities pertaining to utility installation or relocation. 3.2.39 Zoning Ordinance - The Zoning Ordinance of the City of Milton, Georgia. Subdivision Regulations Effective December, 2006 ARTICLE IV REQUIREMENTS 4.1 All proposals to subdivide combine or recombine parcels of land under the provision of these regulations shall be in compliance with the City of Milton’s Standard Procedures and Guidelines for Subdividing Property. 4.1.1 All final plats, replats and minor plats shall have the consent of the owners of all affected lots shown on said plat. Replats or new plats showing modifications to common areas shall require the consent of owners of all lots shown in the original final plat. 4.1.2 Proposals for the subdivision, combination or recombination of lawful previously platted lots or parcels, or portions thereof, shall be in compliance with the City of Milton’s Zoning Ordinance, as amended. 4.1.3 If construction activity contemplated results in the disturbance of an area of 5,000 square feet or more, a land disturbance permit must be approved along with any building permit prior to construction. 4.1.4 Where a proposed lot fronts an existing public street, the Subdivider shall improve the street along the lot’s frontage to the applicable standards of these regulations and any Standard Details as determined by the Manager. 4.1.5 All slope, drainage and utility easements, as well as necessary right-of-way widths (as determined by the Manager) on an existing public street, paved or unpaved, shall be provided by the Subdivider at no cost to the City of Milton. 4.1.6 Each proposed lot shall comply with the requirements of the Fulton County Department of Health, whose certification of approval shall accompany the submission of the final plat to the Manager. 4.1.7 A minor plat proposal, as defined in Article 3 of these regulations, may be exempt from traffic and drainage studies and tree surveys, when an analysis is submitted and concludes that the development would have no negative impact on traffic or drainage. 4.1.8 Each lot created under the provisions of a minor plat shall not subsequently be re-subdivided pursuant to the provisions of a minor plat. 4.1.9 For the division of land in the AG-1 (Agricultural) zoning Subdivision Regulations Effective December, 2006 district adjacent or has access to unpaved roads, the following rules shall apply: A. Each proposed lot shall contain a minimum area of three (3) acres. B. Each proposed lot shall provide at least 100 feet of road frontage, the minimum dimension of which shall be maintained to the building line of the lot. C. Each proposed lot shall provide at least 200 feet of lot width at the building line. 4.1.10 For the division of land in O-I, C-1, C-2, MIX, and M1-A, M-1 and M-2 Zoning Districts, after initial development of the property, the following standards shall also apply: A. A proposed lot fronting an existing public street shall contain the necessary frontage required by the City of Milton’s Zoning Resolution. B. The Subdivider shall submit documentation of the necessary easements providing for access to a public street for proposed lots that front only on an existing, documented, paved private street or driveway. C. All slope, drainage and utility easements, as well as necessary street rights-of-way (as determined by the Manager) shall be provided by the Subdivider at no cost to the City of Milton. 4.2 PROCESS 4.2.1 CONCEPTUAL PLAN Pursuant to these regulations, application for Conceptual Plan approval shall be submitted to the Department, and, if found compliant, a Certificate of Conceptual Plan Approval shall be issued which shall continue in effect for a period as follows or for as long as construction activity is continuous and at least twenty-five (25) percent of the land area within the plan has received Final Plat approval: A. 2 years for subdivisions of 50 lots or less. B. 3 years for subdivisions of more than 50, but less than 300 lots. C. 4 years for subdivisions of more than 300 lots. Accordingly, if the certificate of Conceptual Plan expires, a new application shall be submitted and shall be subject to Subdivision Regulations Effective December, 2006 the regulations in effect at the time of such submission. 4.2.2 LAND DISTURBANCE PERMIT A. Following the issuance of the Certificate of Conceptual Plan Approval, site development plans shall be submitted for approval prior to any defoliation or the commencement of development activities on the subject property. Approval of such plans shall result in the issuance of a duly authorized Land Disturbance Permit, which, along with the approved plans, must be maintained on the site until all site work as proposed and approved is completed. B. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued, except that the Manager is authorized to grant a maximum of two extensions of time not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. C. Prior to the issuance of a Land Disturbance Permit, an Indemnity Agreement Form must be filed by the subdivider protecting the City of Milton against damage, repair and/or maintenance claims and liability arising out of drainage problems. The Manager, or his/her designee, is hereby authorized to execute such agreements on the behalf of the City. D. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Manager is authorized to grant, in writing, a maximum of two extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 4.2.3 FINAL PLAT A. Whenever the provisions of these rules and regulations have been complied with and while the Certification of Conceptual Plan approval is in effect, the subdivider may submit to the Manager an application for Final Plat review and approval pursuant to these regulations. All required infrastructure shall be completed and approved, or performance bonds for a portion of such improvements shall be filed in accordance with section Subdivision Regulations Effective December, 2006 4.2.3.C. of this regulation. B. The Final Plat shall be submitted and drawn to the specifications of the Georgia Plat Act and Standards of the City of Milton. C. Prior to approval or recording of a final plat, the following must be provided by the subdivider, or the designee thereof: 1. cash assurance in an amount equal to 125% of the cost of infrastructure improvements not yet in compliance. Said cash bond shall be maintained until the improvements have been approved by the City; 2. maintenance bond to ensure the viability of infrastructure improvements; 3. drawings demonstrating the “as-built” conditions of the site, or cash assurance that such will be provided within 30 days; 4. an electronic format acceptable to the Public Works Department containing data about the sanitary sewer and water systems where available; 5. signed release of the project by the Development Inspector; and 6. Recorded deed to the City of Milton for any dedicated space. D. Having been certified by the Manager as compliant to these and other applicable regulations, the final plat shall be recorded with the Clerk of the Superior Court of Fulton County. E. The final plat shall be considered approved at the time of the certification by the Manager, and shall be presented for ratification to the Mayor and City Council at the next regularly scheduled meeting. 4.2.3 Should the Manager not approve any subdivision plat, the basis for the denial shall be stated in writing to the applicant. The Subdivider may file an appeal in accordance with Article 10 of these regulations. Subdivision Regulations Effective December, 2006 ARTICLE V GENERAL PRINCIPLES OF THE LAND 5.1 SUITABILITY OF THE LAND 5.1.1 Land subject to flooding, improper drainage, erosion, and deemed unsuitable for development in accordance with the City of Milton’s standards shall not be platted for any use that may continue such conditions or increase danger to health, safety, life, or property unless steps are taken to eliminate the above-mentioned hazards. 5.2 ACCESS 5.2.1 Unless otherwise herein noted, every subdivision shall be served by publicly dedicated streets or private streets in accordance with the following: A. The proposed streets shall meet the City of Milton’s standards and regulations. B. No road intended to be private is to be extended to serve property outside that development unless approved by the Department of Public Works. C. In residential subdivisions, the private roads shall be maintained by a mandatory homeowners’ association and documents of incorporation shall be submitted to the Manager for review and approval prior to the recording of the final plat. D. The subdivider shall provide all necessary easements for ingress and egress for police, fire, emergency vehicles and all operating utilities. E. The final plat of any subdivision that contains private streets shall clearly state that such streets are private streets. 5.2.2 When land is subdivided, created parcels shall be arranged and designed so as to allow for the opening of future streets and provide access to those areas not presently served by streets. 5.2.3 No subdivision shall be designed so as to completely eliminate street access to adjoining parcels of land without current street access. 5.2.4 Lots may share access as stipulated herein. Lot frontage and access do not necessarily have to be along or front the Subdivision Regulations Effective December, 2006 same public street, if approved by the Manager. 5.2.5 The Manager shall have the right to encourage design of the subdivision in a manner that will: A. enhance traffic circulation and other community needs; B. encourage pedestrian traffic to schools, parks, existing and planned greenspace corridors, and neighborhood shopping centers; C. reduce impacts on streams and lakes; D. reduce unwanted noise, lights on neighboring lots; and E. discourage vehicular speeding on local streets. 5.3 CONFORMANCE TO THE COUNTY COMPREHENSIVE PLAN 5.3.1 All proposed subdivisions shall conform to the City Comprehensive Plan and development policies in effect at the time of submission. 5.3.2 The Manager shall not approve plats when such planned features, as specified by the Comprehensive Plan, are not incorporated into the plat. 5.3.3 Whenever the plat proposes the dedication of land for public use and the Manager or the appropriate agency finds that such land is not acquired consistent with appropriate agency plans, policies, or priorities, the Manager may either refuse to approve the plat, or require the rearrangement of lots to include such land. 5.3.4 If a development is proposed within one mile of any roadway operating at a Level of Service D or worse, in accordance with the County Transportation Standards, a Traffic Mitigation Action Plan must be submitted and approved by the Manager prior to issuance of a Land Disturbance Permit. 5.3.5 Greenspace, when referred to in this Ordinance, shall mean a permanently protected land including agricultural and/or 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 purposes: A. Water quality protection for rivers, streams, and lakes; B. Flood protection; C. Wetlands protection; Subdivision Regulations Effective December, 2006 D. Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks; E. Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species; F. Scenic protection; G. Protection of archaeological and historic resources; H. Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; and I. Connection of existing or planned areas contributing to the purposes set out in this section. 5.4 ZONING AND OTHER REGULATIONS 5.4.1 No subdivision shall be created or recorded that does not comply with the standards of the City of Milton’s Zoning Ordinance and/or the approved conditions of zoning for the property. 5.4.2 Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in zoning regulations, building codes, or other official regulations or resolutions, the most restrictive shall apply unless set forth in the conditions of zoning. 5.4.3 All proposed subdivisions shall comply with the County Storm Water Design Manual. 5.5 MODIFICATION 5.5.1 Modifications of the provisions set forth in these regulations may be approved by the Manager when granting of such modification will not adversely affect the general public or nullify the intent of these regulations. 5.5.2 Should the Manager deny a request to modify in accordance with Section 5.5.1, the applicant may appeal the Manager’s decision in accordance with Section 10 of these regulations. Subdivision Regulations Effective December, 2006 ARTICLE VI CONSERVATION SUBDIVISION (Reserved) ARTICLE VII DESIGN STANDARDS 7.1 All applicable design standards as set forth in this ARTICLE and the Standard Details shall be observed in all plats as approved by the Manager. 7.2 STREETS All streets, public or private, shall be constructed to the construction standards of the City of Milton’s Department of Public Works. 7.2.1 The arrangement, character, extent, width, grade, and location of all streets shall conform to the City Comprehensive Plan for the City of Milton and shall consider their relation to existing and planned streets, topographical conditions, and appropriate relation to the proposed uses of the land to be served by such streets. 7.2.2 Streets serving residential subdivisions shall be arranged and designed such that their use for through traffic will be discouraged. 7.2.3 Where a subdivision contains a dead-end street or stub- street other than a cul-de-sac, the subdivider shall provide a temporary cul-de-sac within the right-of-way. Where a temporary cul-de-sac is required, the subdivider shall be responsible for maintaining and for the construction of the final street connection or turn-around as required. 7.2.4 Where a subdivision abuts or contains an existing or proposed street classified as a collector street or higher, the Manager may require frontage streets. Double frontage lots may be required to have screening and no access easements along lot lines fronting on arterials or collector streets. Deep lots with rear service drives, or other treatment as may be necessary for adequate protection of residential properties, may be required to afford separation of through and local traffic. 7.2.5 Where a subdivision borders on or contains a railroad right- of-way, or a full or partial access control facility right-of- way, the Manager may require a street approximately parallel to and on each side of the right-of-way. Subdivision Regulations Effective December, 2006 7.2.6 Street right-of-way widths for major streets shall be dedicated as specified in the City Comprehensive Transportation Plan and the Right-of-Way Dedication and Reservation Plan. Other street right-of-way widths shall be not less than as specified under Section 7.5. 7.2.7 Where a subdivision abuts an existing street, the subdivider shall dedicate additional right-of-way on the existing streets to meet the requirements as set forth in the Right-of-Way Dedication and Reservation Plan. 7.2.8 New road grades should be as follows: A. Collector Eight (8%)percent maximum B. Major Subdivision Street Twelve (12%) percent maximum C. Minor Subdivision Street Fourteen (14%) percent maximum Grades exceeding twelve (12) shall not exceed a length of two hundred fifty (250) feet. 7.2.9 Interparcel access shall be provided to adjacent properties upon determination by the Manager that such access is in the best interest of the public health, safety, or welfare. In residential subdivisions, where private streets are proposed, the Manager may require a public street for interparcel connection purposes; the Manager may also require a shared access. 7.2.10 ALIGNMENT: A. Minimum Vertical: All local roads with 25 m.p.h. designs shall be connected by vertical crest curves of a minimum length not less than (12) times the algebraic difference between the rates of grade, expressed in feet per hundred. All local roads with a 25 m.p.h. design speed shall be connected by vertical sag curves of minimum length not less than twenty six (26) times the algebraic difference between the rates of grade, expressed in feet per hundred. In any case, the sight distance shall meet the minimum requirements of this Article. 1. In proposed approaches of new streets to intersections with existing streets, there shall be a suitable leveling of the street at a grade not exceeding three (3) percent and for a distance of not less than fifty (50) feet as measured from the back of the curb of the intersecting street. Subdivision Regulations Effective December, 2006 2. In approaches to intersections internal to residential subdivisions, there shall be a suitable leveling of the street at a grade not exceeding five (5) percent and for a distance of not less than fifty (50) feet as measured from the center point of the intersection. B. Minimum Horizontal - Radii of Centerline Curvature: 1. Major Subdivision Street designed for 35 MPH 200 Feet 2. Other Major Subdivision Streets 100 Feet 3. Minor Subdivision Streets 100 Feet C. Tangents - Between reverse curves, there shall be not less than the following minimum tangents: 1. Major Subdivision Streets designed for 35 MPH 100 Feet 2. Other Major Subdivision Streets 50 Feet 3. Minor Subdivision Streets (where there is no super-elevation) 50 Feet D. Intersection Visibility Requirements Roadways and their intersections shall be designed such that proper sight distance is maintained. Minimum sight distance shall be determined by the operating speed of the road as determined by the Department of Public Works. Intersection sight distance shall be no less than the following: 280 feet for 25 m.p.h. 335 feet for 30 m.p.h. 390 feet for 35 m.p.h. 445 feet for 40 m.p.h. 500 feet for 45 m.p.h. 610 feet for 55 m.p.h. 1. Minimum horizontal visibility shall be measured on centerline. 2. When a proposed curb cut intersects an existing roadway, the minimum visibility shall be provided as follows: a. When measuring in the horizontal plane, Subdivision Regulations Effective December, 2006 intersection sight distance is determined with the following assumptions. The driver’s eye location is to be assumed at the center line of the exiting lane of the proposed curb cut behind the stop bar. The object location is to be assumed at the centerline of the closest oncoming lane for each direction. b. When measuring in the vertical plane, intersection sight distance is determined with an assumed height of driver’s eye and an assumed height of object of 3.5 feet. c. When measuring in either plane, the line of sight must remain in the proposed dedicated right-of-way, unless sufficient easements, maintenance agreements, indemnifications agreements are provided, or additional right- of-way is dedicated. E. Stopping Sight Distance Visibility Requirements Roadways and their intersections shall be designed such that proper stopping sight distance is maintained. Minimum sight distance shall be determined by the design speed of the proposed road as determined by the Department of Public Works. Stopping sight distance along a roadway shall be no less than the following: 155 feet for 25 m.p.h. 200 feet for 30 m.p.h. 250 feet for 35 m.p.h. 1. Minimum vertical visibility for stopping sight distance along the roadway shall be determined by measuring between two points of which the height of the driver’s eye shall be assumed at 3.5 feet to an assumed object which is 2.0 feet in height. The line of sight must remain within the proposed dedicated right-of-way, unless sufficient easements, maintenance agreements, and indemnification agreements are provided, or additional right-of-way is dedicated. 2. Minimum horizontal visibility for stopping sight distance shall be measured on centerline. 7.2.11 Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle less than eighty (80) degrees. Detailed designs of intersections shall be required to include all striping and pedestrian crosswalks. Subdivision Regulations Effective December, 2006 Pedestrian crossing signs and signals may be required. 7.2.12 The Curb line radius at street intersections shall parallel the right-of-way radius. 7.2.13 Right-of-way Radius: The right-of-way radius at street intersections shall be at least twenty (20) feet, and where the angle of intersection is less than ninety (90) degrees, the Department of Public Works may require a greater radius. 7.2.14 The centerline offsets on streets internal to a residential subdivision shall not be less than 200 feet. The centerline offsets for all other streets and curb cuts providing access to developments shall not be less than 300 feet, except greater centerline offsets may be required by the Manager. 7.2.15 Cul-de-sac streets shall be designed so that the maximum desirable length shall be six hundred (600) feet. 7.3 BLOCKS 7.3.1 The lengths, widths, and shapes of blocks shall be determined with due regard to: A. Provisions of adequate building sites suitable to the special needs of the type of use contemplated; B. Zoning requirements as to lot sizes and dimensions unless a planned unit development is contemplated; C. Needs for convenient access, circulation, control and safety of street traffic; and D. Limitations and opportunities of topography. 7.3.2 Residential blocks shall be wide enough to provide two tiers of lots, except where fronting on streets classified as a collector street or higher or prevented by topographical conditions or size of the property. The Manager may require and/or approve a single tier of lots of minimum depth. 7.4 LOTS 7.4.1 The size, shape, arrangement, orientation of every lot shall be subject to approval of the Manager for the type of development and use contemplated. Proposed internal lot lines (not on the street side) shall not be curved. 7.4.2 Every lot shall conform to the dimension, area, and size requirements of the Zoning Ordinance and/or conditions of zoning. Subdivision Regulations Effective December, 2006 7.4.3 Lots not served by a public sewer or community sanitary sewage system and/or public water shall meet the dimension and area requirements of the Department of Health. 7.4.4 Double frontage lots shall be prohibited, except as approved by the Manager provided that such lots are essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography, orientation, and property size. A planted screen may be required along lot lines abutting a traffic artery or other use that would have potential negative impact. 7.4.5 The creation of remnant lots that are below minimum standards shall be prohibited unless such lots are designated as common area on the final plat and maintained by the Homeowners’ Association or some other entity approved by the City of Milton. 7.4.6 Each lot shall have direct access to an abutting, existing public street or to a street contained within the proposed subdivision. A connection through an approved private drive may be permitted by the Manager. 7.4.7 The subdividing of land adjacent to or surrounding an existing or proposed lake where lots abutting the lake shall be drawn to the centerlines of the lake or identified a common area, maintained by the homeowner’s association. 7.5 SUBDIVISION STREETS 7.5.1 The minimum requirements for major subdivision streets shall be as follows: A. Right of Way 50 Feet B. Pavement Width 24 feet back of curb to back of curb C. Cul-de-sac: R.O.W. 50-foot radius with a 10-foot radius landscape island Pavement 40-foot radius to back of curb D. Sidewalks In accordance with Section 8.2.4. E. Street Trees If required by the Manager, installed on both sides at a spacing approved by the City Arborist. 7.5.2 The minimum requirements for minor subdivision streets shall Subdivision Regulations Effective December, 2006 be as follows: A. Right of Way 44 Feet B. Pavement Width 22 feet back of curb to back of curb C. Cul-de-sac: R.O.W. 42-foot radius with a 8-foot radius landscape Island Pavement 32-foot radius to back of Curb D. Sidewalks In accordance with Section 8.2.4. E. Street Trees If required by the Manager, installed on both sides at a spacing approved by the City Arborist. For streets other than mentioned in Sections 7.5.1 and 7.5.2, the Manager shall determine the required cross section. 7.5.3 All residential subdivision streets shall be designed for a maximum of 25 m.p.h. The Manager may require that subdivision streets that will not provide direct residential access be designed for up to 35 m.p.h. 7.5.4 Where streets are longer than 600 feet, traffic calming devices shall be incorporated to include green space, islands, residential roundabouts, and/or other traffic calming devices as approved by the Manager. Where traffic calming devices such as speed bumps are used, they shall not exceed 6 inches in height. The minimum distance between individual devices shall not be less than 500 feet, and shall not be more than 900 feet. All services must conform to the City design standards. 7.6 Gated Communities 7.6.1 Gates installed in subdivisions with more than one lot shall comply with the following: A. Plan approval and a permit shall be obtained prior to installing of any gates. The permit fee shall be calculated in accordance with applicable building permit fees. Gates shall not prohibit public access to dedicated areas as defined within the regulations. B. No gate shall be installed within the City’s right- Subdivision Regulations Effective December, 2006 of-way. C. The gate shall not create a dead end street without first installing a cul-de-sac conforming to the City’s standards on a dead end street exceeding 250 feet in length. D. Gates shall provide for stacking distance, turnaround and emergency vehicle access as required by the City. E. Gate permits may be denied based on traffic conditions, interconnectivity needs, and when not in compliance with adopted guidelines. Subdivision Regulations Effective December, 2006 ARTICLE VIII REQUIRED IMPROVEMENTS 8.1 Every subdivider shall be required to install or have installed the appropriate public utility and improvements referred to in this ARTICLE as found in the following documents: • DEPARTMENT OF PUBLIC WORKS - STANDARD PLANS • FULTON COUNTY COMPREHENSIVE STORM DRAINAGE DESIGN AND CRITERIA MANUAL • SEWER REGULATIONS OF FULTON COUNTY • CITY OF MILTON TREE PRESERVATION ORDINANCE • UTILITY ACCOMMODATION- GUIDELINES AND PROCEDURES 8.2 STREETS 8.2.1 STREET GRADING A. All street rights-of-way shall be cleared and graded to standards of the Public Works Department. B. Finished grades shall be at levels approved in accordance with the Standard Plans. C. When property adjacent to the street is not owned by the subdivider, he/she shall obtain the necessary easements of sloping banks before submitting for a Land Disturbance Permit (LDP). 8.2.2 STREET PAVING/STRIPING A. All street paving widths shall be in conformance with standards set forth in Article 7. B. Street pavement shall be installed according to standards adopted by the Mayor and City Council. C. Striping shall be installed according to standards adopted by the Mayor and City Council. D. On all roads adjacent to a development, the adjacent lane of the road must be widened to provide a twelve (12) foot lane. The road must be milled and repaved throughout the subdivision frontage and along the roadway improvements, whichever is greater. The road must either be resurfaced from edge to edge, or it must be milled and repaved to the centerline. No more than one (1)inch vertical drop may be allowed at the pavement/gutter joint and a maximum Subdivision Regulations Effective December, 2006 of six (6) inches of exposed curb must be retained. E. No striping should be provided on subdivision streets designed for 25 m.p.h., except for stop bars and 50 feet of double yellow centerlines, to be located at each entrance to the subdivision. 8.2.3 CURBS AND GUTTERS A. Curbs and gutters shall be installed on all streets except noted herein. Installations shall be in accordance with standards adopted by the Board of Commissioners. B. Curbs and gutters shall be of a straight or standard construction on one or both sides where sidewalks are required. C. Curbs and gutters may be waived by the Manager if the sidewalk along the same portion of the roadway is set back a minimum of 12 feet from the edge of pavement and drainage is adequately addressed. Set backs greater than 12 feet may be required by the Manager. 8.2.4 SIDEWALKS A. Introduction 1. Purpose: The objective is to provide facilities that ensure safe pedestrian movement in the City of Milton. 2. Intent: Sidewalks are intended to provide a safe pedestrian connection between the subdivision/ development and nearby destinations. Pedestrians consist of children walking to and from school and neighborhood activities, as well as adults walking to and from neighborhood shopping and transit stops. In addition to the need for sidewalks for circulation and safety, sidewalks can be important elements in the recreational system of this community. They can also serve as walking and hiking trails. B. Performance Approach 1. Performance Factors: The performance approach shall be applied in determining the need for sidewalks. In this case, the decision to require a development to provide sidewalks shall be made on a case-by-case basis. Subdivision Regulations Effective December, 2006 2. Several basic factors shall be used in applying the performance approach. These are street classification and current/potential future volume of pedestrian traffic; residential land use/development density; relation to residential areas; proximity of schools, school bus stops, shopping areas; and proximity of parks, libraries, bike paths/pedestrian trails, greenspace corridors, and other land uses. a. Street Classification and Volume of Pedestrian Traffic: As traffic volume and road speeds increase, there is more need for separate pedestrian ways to ascertain safety. Sidewalks shall be provided along local streets, collectors, arterials, and private roads according to the density standards in Section 8.2.4.B.2.b. b. Residential Land Use and Development Density: 1. Sidewalks shall be provided along both sides of all local streets where the Residential Land Use Designation in the Comprehensive Plan is 3 units/acre or higher density. 2. Sidewalks shall be provided along at least one side of all local streets where the Residential Land Use Designation in the Comprehensive Plan is 1-2 units/acre. Residential Land Use Designation of one unit or less shall be decided on a case- by-case basis using the other factors contained in Section 8.2.4.B.2. c. Relation to Residential Areas: In general, sidewalks are intended to be within the street right-of-way. This traditional location of sidewalks may be replaced in cluster developments by a flexible pedestrian circulation system. Such a system would connect individual dwelling units with other units, off-street parking, open space system, and recreational facilities. Also, this system may be permitted to meander through the development within prescribed sidewalk easements. If the sidewalk leaves the right- of-way, an easement and indemnification agreement must be provided for public access and maintenance. Subdivision Regulations Effective December, 2006 d. Proximity of Schools and Shopping Areas: 1. Sidewalks shall be required in subdivisions located within one mile from an existing or proposed school on both sides of any street that provides access to such school. Subdivisions at each side of the street shall provide sidewalks at the corresponding frontage. 2. Sidewalks shall be provided within a distance of up to one mile along both sides of streets leading to or going through shopping areas. e. Proximity of Parks, Libraries, Bike Paths/Pedestrian Trails, Greenspace Corridors, and Other Land Uses: Sidewalks are needed in areas where the following nonresidential land use designations exist: 1. Sidewalks shall be required along both sides of all streets in Commercial, Living-Working, and Business Park land use designation areas. 2. Sidewalks may be required in industrial subdivisions. 3. Sidewalks may be required within a distance of up to one mile along both sides of streets leading to or going through places of public assembly/transit facilities/other congested areas and other similar places deemed proper by the Manager for public necessity and safety. f. Relation to Established Pattern of Sidewalks: Notwithstanding the locational requirement for sidewalks in Section 8.2.4.2, their future location should follow the already established pattern of existing sidewalks (on one side of the street, on both sides, etc.). C. General Specifications: a. Sidewalks shall be provided by the subdivider at no cost to the City. b. Sidewalks shall have a minimum width of five feet indicated by a note on the Conceptual Plan. Subdivision Regulations Effective December, 2006 c. Sidewalks along roadways shall not be adjacent to street curbs without a minimum 2-foot landscape strip. d. For non-residential developments, sidewalks shall be a minimum of six (6) feet wide. e. Sidewalks must be provided on or adjacent to an individual lot prior to the issuance of a certificate of occupancy. f. Prior to the recording of the final plat, 125% of the cost of the internal sidewalks for any residential subdivision must be performance bonded. This bond will be released when all sidewalks internal to the development have been constructed and approved. All required sidewalks must be provided internal to any residential subdivision within two years of the recording of the final plat, otherwise, the bond is forfeited and the City will use the funds to complete the sidewalk construction. Review Guidelines: The Manager may issue guidelines to facilitate the application of the performance-based approach of Section 8.2.4.2 including, but is not limited to, a point system. The intent is to ascertain fairness and consistency in the application of this Section. E. Exception: When the developer requests to install (within a development) sidewalks that are not required by the Subdivision Regulations and at no cost to the City, the Manager may approve a reduction in width to a minimum width of four feet. 8.2.5 STREET TREES A. Street trees and other shrubbery that may be retained or planted shall not obstruct sight distances and shall be subject to the approval of the Manager. B. Street trees that may be required by the Manager along the street(s) shall be of species approved as street trees in the City of Milton’s Tree Preservation Ordinance, in accordance with Section 7.5 of these regulations. 8.3 WATER SUPPLY 8.3.1 Where a public water supply is within 300 feet, the subdivider Subdivision Regulations Effective December, 2006 shall install or have installed a system of water mains and connect to such supply. The installation of mains and connections to each lot shall be installed prior to the paving of the street, if possible. The installation shall include services and meter boxes if it is connected to the North Fulton Water System. 8.3.2 Where a public water supply is not available, each lot in a subdivision shall be furnished with a water supply system approved by the Health Department. 8.3.3 A separate water service connection shall be provided for each residential unit. Meters shall be located as specified by the utility company. 8.3.4 Fire hydrants shall be located and set in accordance with City of Atlanta Water Works Specifications and the City of Milton Standard Plans where applicable. In addition, the fire hydrant shall be serviced by the following: A. Not less than a 8-inch diameter main if the system is looped. B. Not less than an 8-inch diameter main if the system is not looped or the fire hydrant is installed on a dead end main exceeding 300 feet in length. C. In no case shall dead end main(s) exceed 600 feet in length for main sizes less than 10 inch. 8.3.5 When required by the Public Works Department, a reuse water irrigation distribution system to each lot shall be installed. This system shall consist of an 8-inch diameter ductile iron pipe identified an “non-potable water,” painted purple in accordance with standard pipe identification schedules, and installed on the south or east shoulder of the right or way limit. All pipes and appurtenances must be in accordance with the Fulton County Water Reuse Standards. Each property owner requesting an irrigation meter shall connect to the reuse water main, if activated. 8.3.6.1 If a subdivision is re-platted and the originally platted lots configuration is changed after the water service lines have been installed, the water system shall be modified to properly serve each lot in accordance with Fulton County water specifications. 8.4 SANITARY SEWER MANAGEMENT 8.4.1 When public sanitary sewers are within 300 feet of the subdivision, the subdivider shall provide sanitary sewer services to each lot within the bounds of the subdivision. Subdivision Regulations Effective December, 2006 All street sewers serving lots in the subdivision shall be installed by the subdivider. A formula may be developed by the Department of Public Works to provide for a sharing of the costs of sewer facilities needed to serve the subdivision and other subdivisions in the same drainage basin. 8.4.2 When, in the written opinion of the Health and Wellness Department and the Department of Public Works, public sanitary sewer is not accessible, an alternate method of sewage disposal for each lot or a community sewerage disposal system may be used when in compliance with the standards of the Health and Wellness Department and Fulton County Sewer Regulations. 8.4.3 When the operation of a temporary sanitary sewer system requires land to be set aside for a disposal plant, the property owner shall give the County title to the property for as long as the plant is in operation. The title may carry a reversionary clause returning the property to the owner when the site is no longer necessary for the operation of the plant. 8.4.4 In a drainage basin which at time of plat application is scheduled for a public sewerage system, all subdivisions shall be provided with a temporary community sewerage disposal system as approved by the Department of Public Works and the Health and Wellness Department. The system shall include permanent sewerage outfall lines plus a temporary treatment plant to be installed by the subdivider. 8.4.5 Whenever the installation of a sanitary sewer is required, as provided by these rules and regulations, no new street shall be paved without the sewer being first installed in accordance with the requirements of the sewer specifications of the City of Milton’s Department of Public Works and the Fulton County Sewer Regulations. 8.4.6 If a subdivision is re-platted and the originally platted lots configuration is changed after the sewer service lines have been installed, the sewer system shall be modified to properly serve each lot in accordance with Fulton County sewer specifications. 8.5 STORM WATER PROVISIONS 8.5.1 STORM WATER MANAGEMENT A. Engineering and construction on any land within the City shall be carried out in a manner as to maintain water quality and rate of run-off to protect neighboring persons and property from damage or loss resulting from excessive storm water runoff, pollution, soil erosion, or Subdivision Regulations Effective December, 2006 deposition upon private property or public streets of water-transported silt and debris. 1. Proper drainage plans shall be submitted for review by the Department. These plans shall be prepared by a Professional Engineer or Landscape Architect, currently registered to practice in the State of Georgia, with stamp affixed. 2. The plans shall be accompanied by profiles of natural and proposed drainage ways, including storm pipes, cross-sections, drainage swales, down stream analysis. 8.5.2 DESIGN FOR STORM WATER MANAGEMENT A. The grading and drainage plans must be accompanied by a hydrology study. This computation shall be based on the 1, 2, 10, and 25-year storm or as required by the County. B. The purpose of the hydrology study is as follows: 1. identify the surface water runoff quantity and quality and rate; 2. establish runoff management control requirements for the development; 3. furnish all design calculations for the management control facility(ies), surface water conveyance systems (before and after development runoff); and 4. furnish design calculations for the volume of storage required. C. A schedule indicating the timing for planting or mulching for temporary or permanent ground cover shall be submitted with these grading and drainage plans. D. Erosion control devices must be installed prior to the initiation of grading and construction; the engineer must state this requirement on the engineering drawings. E. In order to ensure full compliance with the approved construction plans, final plat approval will be withheld until as-built drawings, prepared by a professional engineer or landscape architect currently registered in Georgia, have been submitted and approved by the Department in accordance with Section 4.2.8. No occupancy permit shall be issued until released by the Department. Subdivision Regulations Effective December, 2006 F. The owner shall be responsible for the maintenance of the storm drainage facilities during grading, construction, and for a 15-month period following final plat approval. Maintenance will be construed to include preserving the enclosing walls or impounding embankment of the detention basin and permanent sedimentation ponds and security fences, in good conditions; ensuring structural soundness, functional adequacy, and freedom from sediment of all drainage structures; and rectifying any unforeseen erosion problems. 8.5.3 DETENTION/RETENTION DESIGN A. General Provisions 1. Installation of properly functioning detention facilities, including outflow control devices, shall be the responsibility of the owner. If any control devices are damaged or destroyed during grading or construction, all processes shall cease until such 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. 2. When serving more than three lots, detention ponds, retention ponds, and water quality features (including all required access easements, landscape strips, and fences) shall be located on a separate parcel where no home can be constructed. This parcel shall be owned and maintained by the homeowners’ association or the owners of the lots being served by this pond. The parcel shall have a minimum of 20’ wide continuous access to a public or private road in a manner that allows access and maintenance of this parcel. In addition, this parcel will not be required to meet the normal lot standard. B. Layout Design Standards: The ponds layout shall provide for the following minimums: 1. 20-foot graded access easement; 2. 20-foot landscape strip for screening purposes; 3. 10-foot access easement for maintenance; and 4. A fence with a 6-foot high. C. Alternative Design Standards: Applicants are encouraged Subdivision Regulations Effective December, 2006 to carry out innovative detention/retention layout that is intended to make such facilities an attractive amenity or focal point to the subdivision. To achieve that, the Manager may approve the following alternative design standards in lieu of those in sections 8.5.3.A. and 8.5.3.B. 1. Such alternative design should provide for attractive layout and means for detaining/ retaining/moving water. 2. The design should follow the natural land forms around the perimeter of the basin. The basin should be shaped to emulate a naturally formed depression. 3. Redistributing soils from basin construction to create natural landforms around the perimeter of the basin is encouraged. These forms should be located strategically to filter views or redirect and soften the views from residential areas. 4. Side slopes of basins must not exceed one-foot vertical for every four-foot horizontal. Where possible, side slopes should be varied to imitate natural conditions. Associated natural landforms should have side slopes no greater than one-foot vertical for every three-foot horizontal to accommodate lawn maintenance equipment. Varied slopes will be encouraged. 5. The applicant should consider the use of plant materials that naturally grow in the area. Trees and shrubs should be grouped in informal patterns to emulate the natural environment. The intent is to soften the views of these basins. D. Design Guidelines: The Manager may issue design guidelines illustrating details of the standards in Section 8.5.3.C. 8.5.4 STORM DRAIN SYSTEM STENCILING/IDENTIFICATION A. All residential subdivision and commercial entity storm drainage structures or facilities (catch basins, storm sewer inlets, culverts, impoundment facilities, man holes, and other facilities that convey storm water run-offs) shall be properly identified. Each drainage structure shall be identified with the use of durable and reusable Mylar stencils (stencils will not be provided by the County) that measure 20” x 30” with 2” lettering and an environmentally formulated, water Subdivision Regulations Effective December, 2006 base, but soluble striping paint (Color: blue). The message on the stencil shall read: “DUMP NO WASTE” (Picture of a trout) “DRAINS TO STREAM” 8.5.5 SANITARY AND STORM SEWER EASEMENT A. All permanent easements shall be twenty (20) feet in width. When access for maintenance purposes is required, the maximum longitudinal slope along the easement shall be 30% at grade in steepest direction. B. No fill shall be placed on a sanitary or storm sewer easement without approval by the Manager of Public Works. All sanitary manholes must extend to the ground surface. All easements terminating on a parcel shall extend to the property line. C. No retaining wall, building, pole, sign or other vertical structure shall be constructed in sanitary and storm sewer easements, including vehicular access easements around structures, without approval from the Manager of Public Works. No fence shall be placed across sanitary or storm sewer easements without gates to which the Department of Public Works has full access. No planting shall take place in a sanitary or storm sewer easement that will impede vehicular access along the easement or endanger the pipeline. No surface water shall be impounded on a sanitary sewer easement. No other pipeline or utility shall be placed in a sanitary or storm sewer easement without approval by the Manager of Public Works. D. Each lot or parcel of land in a subdivision shall have a separate sewer connection terminating at the easement limit or right-of-way limit with a vertical clean-out pipe. No connection of the public sewer system shall be made except at a sewer connection approved by the Manager of Public Works. E. No surface water, ground water, storm drain, gutter, downspout, or other conveyance of surface water or ground water shall be discharged into the sanitary sewer. 8.6 PLANS AND CONSTRUCTION 8.6.1 No sanitary sewer shall be accepted by the County without an as-built drawing showing the horizontal and vertical alignment of the sewer system, the locations of all manholes, sewer Subdivision Regulations Effective December, 2006 connections, piping materials, required easement limits and junctions, and property lines. This should be provided in the form of plans, profiles, and plats; when possible, an electronic copy of the required data (compatible with the City of Milton’s Geographical Information System) should be submitted. 8.6.2 No storm sewer shall be accepted by the County without an as- built drawing showing the horizontal and vertical alignment of the sewer system; the locations of all manholes, junctions, detention ponds, retention ponds, and sewer system outfalls discharging into ditches or creeks; sewer connections, piping materials, required easement limits; and property lines. This information shall be provided in the form of plans, profiles, details, sections and plats and when possible in an electronic form compatible with the City of Milton’s Geographical Information System and the applicable Department of Public Works data base. 8.6.3 In the case of single family residential subdivisions, by written application, the owner may request that the City of Milton assume partial maintenance responsibility of drainage facilities, effective after the expiration of the initial maintenance 15 months. Within sixty (60) days after receipt of such application, the Manager shall respond in writing to the owner/applicant. Such response shall set forth additional terms and conditions for acceptance. However, maintenance by the City of Milton shall be limited to ensuring the functional adequacy of such drainage structures. Maintenance responsibility shall remain partially with the homeowners’ association unless and until, and only to the extent that, the homeowners’ association is expressly relieved of such responsibility pursuant to and in accordance with a written instrument signed by the Manager. Appropriate easements shall be executed and recorded pursuant to this paragraph. For all other types of development, responsibility for maintenance of storm sewer system and detention ponds, including but not limited to, periodic silt removal to maintain functional integrity, will remain the responsibility of the Owner. Maintenance responsibility shall constitute an obligation running with the land and shall be binding upon the owner’s executors, administrators, heirs, successors, and successors-in-title. The owner/developer shall provide stabilization, including vegetation, and installation of security fences for safety purposes at detention facilities, as prescribed, prior to approval of the Final Plat by the Manager. 8.6.4 Any single-family detached home which involves less than 10,000 square feet of cleared area or all impervious surface areas combined and is in excess of 2,000 feet from the Subdivision Regulations Effective December, 2006 Chattahoochee River, shall be exempted from the provisions of a hydrology study. In no such case, however, shall grading involve over 25 percent of the total land area. Sites within 2,000 feet of the Chattahoochee River shall be developed in accordance with the Atlanta Regional Commission’s vulnerability analysis, as determined by the Manager. 8.6.5 All engineering and construction, regardless of whether such engineering or construction is being accomplished on public land or on public easements, shall meet the minimum requirements of these regulations. 8.7 MONUMENTS AND IRON PIPES Permanent monuments shall be accurately set and established to tie with the County GIS monuments or as required by the Manager. The monuments shall consist of two 2-inch iron pipes, sixteen (16) inches in length, or T bars, twenty-four (24)inches in length, or other approved materials. The monuments shall be set so that the top of pipe shall be six(6) inches above the ground level, unless otherwise approved by the Department of Public Works. The accurate location, material, and size of all existing monuments shall be shown, on the final plat, as well as the future location of monuments to be placed after street improvements have been completed. Iron pipes at least one-half (1/2) inch by sixteen (16)inches shall be used and shall be set two (2) inches above the finished grade. 8.8 UNDERGROUND UTILITIES 8.8.1 All existing and proposed utilities, including all electrical, telephone, television and other communication lines, both main and service connections, serving or having capacity of 69 KV or less, abutting or located within a requested land disturbance area shall be installed underground in a manner approved by the applicable utility provider and in compliance with the City of Milton’s right-of-way and erosion control regulations, if applicable. 8.8.2 Lots that abut existing easements or public rights-of-way where overhead electrical or telephone distribution supply lines and service connection have previously been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities’ overhead lines shall be installed underground. Subdivision Regulations Effective December, 2006 Should a road widening or an extension of service, or other such conditions occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground. 8.8.3 Contractors or developers of Subdivisions shall: A. Submit drawings of the Subdivision layout showing locations of underground electrical cable, transformers, and other related fixtures, in accordance with the Standard Plans. These drawings must be approved by the City before installation of the underground utility and before a building permit can be issued. B. Pay all cost for poles, fixtures, or any related items of materials necessary for the installation to the utility company. C. Submit proof of payment for complete installation. D. Have an agreement with the appropriate power company for complete maintenance of all installations and provide proof of payment. 8.8.4 STREET LIGHTS AND PEDESTRIAN LIGHTING A. Street lights and pedestrian lights shall be provided by the developers of all new subdivisions. At the time of and as a requirement of submission of a Final Plat, the developer shall: 1. Submit a drawing(s) of the subdivision’s layout showing locations of street lights and required pedestrian lights. This drawing must be approved by the Manager prior to obtaining any building permit within the subdivision. The layout shall be shown on the Land Disturbance Permit. Fixtures and standards/poles installed or used shall be approved by the City and by the utility company which shall be responsible for the maintenance of the facilities. Street light fixtures shall be mounted thirty (30) feet above the ground and shall have appropriate arm length to place the light over the street. No arm shall be less than five (5) feet long. Post top luminaries may be permitted when approved by the City of Milton providing same are in compliance with the requirements of the City of Milton’s Zoning Ordinance. Fixtures shall be located no more than three hundred (300) feet Subdivision Regulations Effective December, 2006 apart and at least one light shall be located at each street intersection within the subdivision. When a subdivision is located in a zoning overlay district, light standards shall comply with requirements of the overlay district. Pedestrian lights shall be installed as required by the overlay district or the specific zoning case. 2. Pay all costs for standards/poles, fixtures and any other related items or material necessary for installation. 3. Submit proof of payment for complete installation to the Manager. 4. Submit a copy of an executed agreement with the utility company for complete maintenance of all installations. B. When street lighting is requested by existing residents, these residents shall: 1. Submit a petition to the City of Milton’s Department of Public Works from the residents affected showing a 90% support for the request. The affected residents shall be all residents whose properties are located, in whole or in part, within one hundred and fifty 150 feet of a proposed street light. 2. The request to the City for street lights shall include a sketch indicating the individual location of lights within the subdivision, along with the residential location of each signatory to the petition. 3. If standards/poles within the subdivision for the placement of these lights do not exist, or do not meet utility company requirements, it shall be the petitioner’s responsibility to have these standards/poles placed prior to installation of the street lights, at their cost. Installation of poles within the County’s right-of-way shall be subject to the approval of the Public Works Manager. The street light fixtures are to be installed at the expense of the petitioners. C. When each of the applicable items in Section C above has been completed, Fulton County shall: Subdivision Regulations Effective December, 2006 1. Assume maintenance responsibility and make the monthly payments to the utility company for electrical energy for each street light when at least fifty percent (50%) of the dwelling units in the subdivision have been occupied. 2. Pay only the current monthly negotiated amount for electrical energy for each street light. Subdivision Regulations Effective December, 2006 ARTICLE IX FEES 9.1 Every application for a Minor plat, Conceptual Plat, Final Plat, or other plat submitted pursuant to these regulations shall be submitted to the Manager along with such fees as may be established by the Mayor and City Council. Failure to pay such fees as required shall cause the plat to be returned to the applicant without acceptance for review or consideration by the City of Milton. 9.2 Following the approval of a Conceptual Plan and prior to authorization to begin construction, the developer shall pay the required Inspection, water and sewer connections, Curb Cut, and Street Sign Fees as may be established by the Mayor and City Council. 9.3 Prior to approval of a Final Plat and as a prerequisite for acceptance of any such Final Plat, the developer shall provide such performance bonds, maintenance bonds, and/or cash assurances as required by these regulations and established by the Mayor and City Council. ARTICLE X ADMINISTRATION AND ENFORCEMENT Subdivision Regulations Effective December, 2006 10.1 These Subdivision Regulations shall be administered and enforced by the Manager. 10.2 Should the Manager deny any such plat (minor or final), a written explanation shall be provided stating the basis for the denial. Within 30 days of the date of said written explanation, the owner of record and/or subdivider may file with the Community Development Department a letter appealing the decision, which, together with a report from the Manager, shall be forwarded to the City of Milton’s Board of Zoning Appeals for consideration pursuant to Article 22 of the City of Milton’s Zoning Ordinances. 10.2.1 Should an applicant disagree with the review comments of the Manager concluding factual or interpretive errors have been made, the following appeal procedure is intended to resolve the issues. A. Submit to the Manager within 30 days of the comments at issue, a letter clearly defining the nature of the disagreement, the specific reference to the Article of these regulations at issue, and the applicant’s opinion. B. The Manager shall submit the request to the Technical Staff Review Committee. The Technical Staff Review Committee shall be selected by the Manager and formed from appropriate departments’ staff relative to the subject appeal. C. The Technical Staff Review Committee shall provide comments and a written recommendation to the Manager within ten (10) working days. D. Should the Manager, after review of the applicant’s statement and the recommendation of the Technical Staff Review Committee, conclude that these regulations would not be violated, the Manager shall modify his/her comments accordingly. E. Should the Manager conclude that these regulations would be violated, the Manager shall provide the applicant with a written letter of denial and advise the applicant of the appeal process to the Board of Zoning Appeals. F. The Board of Zoning Appeals shall, after receiving a report from the Manager, decide the issue. The decision shall constitute the final administrative appeal. 10.3 Should the Manager not approve a request to vary any Article of these regulations within 30 days, the applicant may appeal in writing, stating the Article to be varied and the reason the variance should be granted. Subdivision Regulations Effective December, 2006 10.3.1 The applicant shall file a variance application to these regulations with the Board of Zoning Appeals, which shall have the authority, after hearing from the applicant and the Manager, grant, modify and/or deny the variance. The Board of Zoning Appeals shall base its decision on hardships as described in the City of Milton’s Zoning Ordinance. ARTICLE XI VIOLATION AND PENALTY 11.1 Any person, firm or corporation violating any provision of this Resolution, shall be deemed liable for civil penalties not less than $1,000.00 and not to exceed $2,500.00 and/or imprisonment for 60 days, or as amended by applicable statutes. Each day’s continuance of a violation shall be considered a separate offense. The owner of any lands or parts thereof, where anything in violation of this resolution shall be placed, or shall exist, and any person who may assist in the separate offense, the City Court of the City of Milton, or any court of competent jurisdiction, shall have jurisdiction of any offense charged under this paragraph. 11.2 In any case in which any land is, or is proposed to be, used in violation of these regulations or any amendment thereto adopted by the Mayor and City Council of the City of Milton, may, in addition to other remedies provided by law, institute injunction, abatement or any appropriate action or actions, or proceeding to prevent, enjoin or abate such unlawful use. Subdivision Regulations Effective December, 2006 ARTICLE XII CONFLICT 12.1 Where conflicts exist between these regulations and other City regulations and policies, either the most restrictive or the City’s written interpretation shall prevail. ARTICLE XIII ADOPTION 13.1 These regulations shall be in full force and effective following adoption by the Mayor and City Council of the City of Milton. Subdivision Regulations Effective December, 2006 Subdivision Regulations Effective December, 2006 ARTICLE XIV SEVERABILITY 14.1 If any Article, sub-article, sentence, clause or phrase of these regulations is for any reason held to be unconstitutional or void, the validity of the remaining portions of these regulations shall not be affected, it being the intent of the Mayor and City Council of the City of Milton in adopting these regulations that no portion hereof shall become inoperative or fail by reason of the unconstitutionality or invalidity of any Article, subsection, sentence, clause, phrase or provision of these regulations. Subdivision Regulations Effective December, 2006 City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Mike Tuller, Community Development Manager Date: November 28, 2006 for Submission onto the December 7, 2006 City Council Meeting Agenda Item: Approval of an Ordinance to Adopt the International Property Maintenance Code, 2003 Edition as amended CMO (City Manager’s Office) Recommendation: To adopt the attached ordinance providing for Property Maintenance Code. Background: To ensure quality housing and maintenance of all property in the City of Milton through the lawful enforcement of the adopted International Property Maintenance Code and other local ordinances. Discussion: Adoption of this ordinance will establish the minimum regulations governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of building and structures unfit for human occupancy and use and the demolition of such structures. The Community Development Department will conduct site inspection for property maintenance in a manner consistent with state law. It includes the following procedures: • The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises. • Minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. There have been no changes done to this document. These are standards that are followed by all jurisdictions. Alternatives: There are no reasonable alternatives to adoption of this ordinance. Concurrent Review: Aaron J. Bovos, CGFM, CTP, City Manager STATE OF GEORGIA COUNTY OF FULTON ORDINANCE# _____ STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2003 EDITION AS AMENDED BE IT ORDAINED by the City Council of the City of Milton, GA while in a special called council meeting on December 21st, 2006 at 4:30 p.m. as follows: SECTION 1. That the Ordinance to adopt the International Property Maintenance Code, 2003 Edition is hereby adopted and approved; and is attached hereto as if fully set forth herein; and, SECTION 2. This Ordinance is effective December 21, 2006; SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of December, 2006 __________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette Marchiafava, City Clerk (Seal) 1 International Property Maintenance Code 2003 Edition As Amended 12/13/05 2nd Amendment Adopted 8/15/06 2 TABLE OF CONTENTS CHAPTER 1: ADMINISTRATION Section 101 General 102 Applicability 103 Department of Community Development 104 Duties and Powers of the Building Official 105 Approval 106 Violations 107 Notices and Orders 108 Unsafe Structures and Equipment 109 Emergency Measures 110 Demolition 111 Means of Appeal CHAPTER 2: DEFINITIONS Section 201 General 202 General Definitions CHAPTER 3: GENERAL REQUIREMENTS Section 301 General 302 Exterior Property Areas 303 Swimming Pools, Spas and Hot Tubs 3 304 Exterior Structure 305 Interior Structure 306 Handrails and Guardrails 307 Rubbish and Garbage 308 Extermination CHAPTER 4: LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS Section 401 General 402 Light 403 Ventilation 404 Occupancy Limitations CHAPTER 5: PLUMBING FACILITIES AND FIXTURE REQUIREMENTS Section 501 General 502 Required Facilities 503 Toilet Rooms 504 Plumbing Systems and Fixtures 505 Water System 506 Sanitary Drainage System 507 Storm Drainage CHAPTER 6: MECHANICAL AND ELECTRICAL REQUIREMENTS Section 601 General 602 Heating Facilities 603 Mechanical Equipment 604 Electrical Facilities 4 605 Electrical Equipment 606 Elevators, Escalators and Dumbwaiters 607 Duct Systems CHAPTER 7: FIRE SAFETY REQUIREMENTS Section 701 General 702 Means of Egress 703 Fire-Resistance Ratings 704 Fire Protection Systems CHAPTERS REFERENCED STANDARDS INDEX 5 CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the International Property Maintenance Code 2003 Edition as amended 12/13/05, hereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required, herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the International Existing Building Code. 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 102 APPLICABILITY 102.1 General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. 102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The 6 requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Existing Building Code. Nothing in this code shall be I construed to cancel, modify or set aside any provision of the International Zoning Code. 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary. 102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the building official to be safe and in the public interest of health, safety and welfare. 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. 102.8 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the building official. SECTION 103 DEPARTMENT OF COMMUNITY DEVELOPMENT 103.1 General. The department of Property Development is hereby created and the executive official in charge thereof shall be known as the Building Official. 103.2 Appointment. The building official shall be appointed by the Mayor and Council of the jurisdiction; and the Building Official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to 7 appoint a deputy building official, other related technical officers, inspectors, code enforcement officers and other employees. 103.4 Liability. The building official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of Community Development, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 104.1 General. The Building Official shall enforce the provisions of this code. 104.2 Rule-making authority. The Building Official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety. 104.3 Inspections. The building official or its designee shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the Mayor and Council. 104.4 Right of entry. The building official or its designee is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the building official or its designee is authorized to pursue recourse as provided by law. 104.5 Identification. The building official or its designee shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Notices and orders. The building official or its designee shall issue all necessary notices or orders to ensure compliance with this code. 8 104.7 Department records. The building official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations. 104.8 Coordination of inspections. Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one building official of the jurisdiction is involved, it shall be the duty of the building officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the all inspector’s authority to enforce, the inspector shall report the findings to the building official having jurisdiction. SECTION 105 APPROVAL 105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. 105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall be permitted to approve appropriate testing procedures performed by an approved agency. 9 105.3.2 Test reports. Reports of tests shall be retained by the building official for the period required for retention of public records. 105.4 Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved. SECTION 106 VIOLATIONS 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. 106.2 Notice of violation. The building official or its designee may serve a notice of violation in accordance with Section 107 detailing an existing violation; however a citation may be issued without prior written notification. The notice shall contain a deadline for compliance, which may be extended after a written request is submitted and reviewed by the building official or its designee. 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the building official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall subject to a fine or imprisonment, upon conviction in the Sandy Springs Municipal Court, and each and every day that the premises shall remain in a condition in violation of the terms of this article shall constitute a separate offense. This section shall be in addition to the provisions of the abatement of said nuisance and the charge of the cost of the same against the owner of the premises by the city. A fine imposed under this code shall be no less then twenty five dollars ($25.00) and shall not exceed one thousand dollars ($1,000.00) per offense. A sentence of imprisonment under this article shall not exceed sixty (60) days per offense. At the discretion of the Municipal Court judge, any sentence may be probated, altered or amended. Any property owner, occupant or party of interest who violates any other property maintenance code within a twenty-four (24) month period shall immediately be issued a citation and subject to a fine of not less than five hundred dollars ($500.00). 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. 10 SECTION 107 NOTICES AND ORDERS 107.1 Notice to person responsible. Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, if a notice is issued, it shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3. The building official shall have the power to issue subpoenas requiring occupants, residents, owners, or parties-in-interest of buildings under inspection, investigation, or who have been accused of a violation this article to appear in Sandy Springs Municipal Court. The building official or its designee shall also have the power to issue subpoenas to occupants, residents, owners, or parties-in-interest to produce written records related to the property under inspection or investigation. 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5 Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 106.3. 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. 107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. 107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, 11 mortgagee or lessee a true copy of any compliance order or notice of violation issued by the building official and shall furnish to the building official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making ,the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 108.1 General. When a structure or equipment is found by the building official or its designee to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the building official or its designee finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the building official or its designee is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the building official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate 12 upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 108.3 Notice. Whenever the building official or its designee has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the building official or its designee shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 108.4.1 Placard removal. The building official or its designee shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the building official shall be subject to the penalties provided by this code. 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the building official or its designee shall be vacated as ordered by the building official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. SECTION 109 EMERGENCY MEASURES 109.1 Imminent danger. When, in the opinion of the building official or its designee, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the building official or its designee is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The building official or its designee shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Building official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 13 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the building official or its designee, there is imminent danger due to an unsafe condition, the building official or its designee shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the building official or its designee deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety, the building official or its designee shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section, the building official or its designee shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 General. The building official or its designee shall order the owner of any premises upon which is located any structure, which in the building official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107. 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the building official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement 14 aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL 111.1 Application for appeal. Any person directly affected by a decision of the building official or a notice or order issued under this code shall have the right to appeal to the Mayor and Council, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. 111.2 Membership of board. The Mayor and Council shall act as the Board of Appeals until such board has been established. 111.2.1 Alternate members. (Reserved) 111.2.2 Chairman. (Reserved) 111.2.3 Disqualification of member (Reserved) 111.2.4 Secretary. (Reserved) 111.2.5 Compensation of members (Reserved) 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the building official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the board membership. 111.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. 111.6 Board decision. The board shall modify or reverse the decision of the building official only by a concurring vote of a majority of the total number of appointed board members. 15 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the building official. 111.6.2 Administration. The building official shall take immediate action in accordance with the decision of the board. 111.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board. 16 CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, International Plumbing Code, International Mechanical Code, International Existing Building Code or the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" 1 "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." SECTION 202 GENERAL DEFINITIONS APPROVED: Approved by the building official. BASEMENT: That portion of a building which is partly or completely below grade. BATHROOM: A room containing plumbing fixtures including a bathtub or shower. BEDROOM: Any room or space used or intended to be used for sleeping purposes. BUILDING OFFICIAL: The official who is charged with the administration and enforcement of this code or any duly authorized representative. CONDEMN: To adjudge unfit for occupancy. 17 DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons including: permanent provisions for living, sleeping, eating, cooking and sanitation. EASEMENT: That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. EXTERIOR PROPERTY: The open space on the premises and on adjoining property under the control of owners or operators of such premises. EXTERMINATION” The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serves as their food; by poison spraying, fumigating, and trapping or by any other approved pest elimination methods. GARBAGE: The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. GUARD: A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. HABITABLE SPACE: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. HOUSEKEEPING UNIT: A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time. INFESTATION: The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. INOPERABLE MOTOR VEHICLE: A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. LABELED: Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. LET FOR OCCUPANCY OR LET: To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. 18 OCCUPANCY: The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT: Any individual living or sleeping in a building, or having possession of a space within a building. OPENABLE AREA: That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON: An individual, corporation, partnership or any other group acting as a unit. PREMISES: A lot, plot or parcel of land, easement or public way, including any structures thereon. PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. ROOMING HOUSE: A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH: Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. STRICT LIABILITY OFFENSE: An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. STRUCTURE: That which is built or constructed or a portion thereof. TENANT: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM: A room containing a water closet or urinal but not a bathtub or shower. VENTILATION: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. 19 WORKMANLIKE: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. YARD: An open space on the same lot with a structure. 20 CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of ten (10”) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. 21 Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reification. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tent. 302.7 Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self- latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of 22 the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces ` its effectiveness as a safety barrier. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. 304.3 Premises identification. (Reserved) 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. All foundation walls shall be main_- 7tained plumb and free from open cracks and breaks and shall be l kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 23 304.9 Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 24 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock meeting specifications set forth herein. Such deadbolt locks shall be operated only by the turning of a knob or a key and shall have a lock throw of not less than 1-inch. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed according to manufacturer's specifications and maintained in good working order. All deadbolt locks required by this section shall be designed and installed in such a manner so as to be operable inside of the dwelling unit, rooming unit or housekeeping unit without the use of a key, tool, combination thereof or any other special knowledge or effort. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking devices. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 25 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 306 HANDRAILS AND GUARDRAILS 306.1 General. The exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1 ()7 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempt by the adopted building code. SECTION 307 RUBBISH AND GARBAGE 307.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 307.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 307.2.1 Rubbish storage facilities. The owner of every occupied premise shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 307.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 307.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 26 307.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leak proof, covered, outside garbage container. 307.3.2 Containers. The operator of every establishment which produced garbage shall provide, and at all times cause to be utilized, approved leak proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 308 EXTERMINATION 308.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation. 308.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. 308.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises. 308.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. 308.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination. 27 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the 'floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with at least a 60watt standard incandescent light bulb for each 200 square feet (19 m2) of floor 28 area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 foot candle (11 lux) at floors, landings and treads. 402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit. Exception: Where specifically approved in writing by the building official. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. 29 SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than 3 feet (914 mm) between counter fronts and appliances or counter fronts and walls. 404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not more than 6 inches (152 mm) below the required ceiling height. 2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be included. 404.4 Bedroom requirements. Every bedroom shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m2) of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story. 30 404.4.4 Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. Table 404.5 Minimum Area Requirements Space 1-2 occupants 3-5 occupants 6 or more occupants Living room a, b No requirements 120 min. sq. ft. 150 min. sq. ft. Dining room a, b No requirements 80 min. sq. ft. 100 min. sq. ft. Bedrooms Shall comply with Section 404.4 For SI: l square foot = 0.093 m2. a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404,5.1 for limitations on determining the minimum occupancy area for sleeping purposes. 404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 404.4. 404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 31 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. 32 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter. SECTION 502 REQUIRED FACILITIES 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. 502.2 Rooming houses. At least one water closet, lavatory and. bathtub or shower shall be supplied for each four rooming units. 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants. 502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler pr disposable cups next to a sink or water dispenser. Drinking-g facilities shall not be located in toilet rooms or bathrooms. 33 SECTION 503 TOILET ROOMS 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. SECTION 504 PLUMBING SYSTEMS AND FIXTURES 504.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, back siphon age, improper installation, deterioration or damage or for similar reasons, the building official shall require the defects to be corrected to eliminate the hazard. 34 SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. 505.2 Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. SECTION 506 SANITARY DRAINAGE SYSTEM 506.1 General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. SECTION 507 STORM DRAINAGE 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. 35 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1st to April 1st and to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The 36 winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a temperature of not less than 65 °F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances which are labeled for un-vented operation. 603.3 Clearances. All required clearances to combustible materials shall be maintained. 603.4 Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping there from, shall not be installed unless labeled for such purpose and the installation is specifically approved. 37 SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a ruling of not less than 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the building official shall require the defects to be corrected to eliminate the hazard. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Even' habitable space in a dwelling shall contain at least two separate- and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. 605.3 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator. 38 606.2 Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. 39 CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter. SECTION 702 MEANS OF EGRESS 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code. 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. 702.3 Locked doors. All means of egress doors shall be readily open able from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. 702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or s1 tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. 40 SECTION 704 FIRE PROTECTION SYSTEMS 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. 704.2 Smoke alarms. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Single or multiple-station smoke alarms shall be installed in other groups in accordance with the International Fire Code. SECTION 703 FIRE-RESISTANCE RATINGS 703.1 Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance- rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. 703.2 Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smoke stop doors shall be maintained in operable condition. 704.3 Power source. In Group R occupancies and in dwellings not regulated as Group R occupancies, single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is serve from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for over current protection. Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes 41 exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes. 704.4 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not regulated as Group R occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required n buildings which are not undergoing alterations, repairs, or construction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes. City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Aaron J. Bovos, City Manager Date: December 12, 2006 For Submission onto the December 21, 2006 City Council Meeting Agenda Item: A Resolution Authorizing the Mayor To Execute and Complete the Necessary Documents to Effectuate the Transfer of Title on Real Property Currently Owned by Fulton County, Georgia to the City of Milton, Georgia by December 31, 2006; and for Other Purposes CMO (City Manager’s Office) Recommendation: Approve the attached resolution directing the Mayor to execute and complete the necessary documents to effectuate the transfer of title on real property currently owned by Fulton County, Georgia to the City of Milton, Georgia by December 31, 2006; and for other purposes. Background: The Fulton County Commissioners passed two resolutions authorizing the sale of certain Fulton County Fire Stations and certain Fulton County Parks in May and August of 2006 respectively. These resolutions encompassed Sandy Springs and any future municipalities within Fulton County. The first resolution states that the sale of Fire Stations within Fulton County will be sold at a price set forth at Five Thousand Dollars ($5000.00) for each station. The second resolution states that the sale of certain Parks will be sold at a price set forth at One Hundred Dollars ($100.00) per acre with a minimum of One Thousand Dollars ($1000.00) per property. Discussion: Fulton County currently owns existing fire stations within the City of Milton. The resolution states that any existing fire stations located within Milton shall be offered for sale and transfer to those respective municipalities on the same terms, thereby applying to the new cities of Milton and Johns Creek. Additionally, Fulton County owns various parks within the City of Milton, including but not limited to Bell Memorial Park (18.76 acres), Bethwell Community House (0.83 acres), and Crabapple Community House (0.66 acres). The resolution provides that any existing parks located within Milton shall be offered for sale and transfer to those respective municipalities on the same terms. The cost to the City will be Five Thousand Dollars ($5000.00) for each fire station and One Hundred Dollars ($100.00) per acre with a minimum of One Thousand Dollars ($1000.00) for each park. Alternatives: N/A Concurrent Review: N/A RESOLUTION NO. ______ STATE OF GEORGIA COUNTY OF FULTON A RESOLUTION DIRECTING THE MAYOR TO EXECUTE AND COMPLETE THE NECESSARY DOCUMENTS TO EFFECTUATE THE TRANSFER OF TITLE ON REAL PROPERTY CURRENTLY OWNED BY FULTON COUNTY, GEORGIA TO THE CITY OF MILTON, GEORGIA; AND FOR OTHER PURPOSES WHEREAS, Fulton County currently owns three (3) fire stations in the previously unincorporated area known as Fulton County North, more commonly known as Fire Station #10 – Hopewell, Fire Station #14 – Crabapple, and Fire Station #18 – Hickory Flat; and WHEREAS, Fulton County also currently owns five (5) parks and park related sites in the previously unincorporated area known as Fulton County North, more commonly known as Bell Memorial Park (18.76 acres), Bethwell Community House (.83 acres), Crabapple Community House (.66 acres), New Birmingham Park (206.5 acres), and Providence Park (44.70 acres); and WHEREAS, the City of Milton was created by House Bill 1470 and confirmed by referendum in June 2006; and WHEREAS, the Fulton County Commission approved a resolution in August 2006 providing for the means and methods in which newly created municipalities in Fulton County acquire park land previously owned by the County; and WHEREAS, the Fulton County Commission approved a resolution on May 17, 2006 providing for the means and methods in which newly created municipalities in Fulton County acquire fire stations previously owned by the County; and WHEREAS, the City of Milton is preparing documents which will effectuate the title transfer of these names properties from Fulton County to the City of Milton through the City Attorney’s Office; and WHEREAS, the City desires to have this transfer completed by December 31, 2006; and WHEREAS, each member of the City Council concurs with the acquisition of the existing Fire Stations and the Parks and Recreation Facilities from Fulton County. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL. By passage of this resolution, the City of Milton Mayor and City Council authorize the Mayor to execute and complete any document necessary to effectuate the transfer of title from Fulton County to the City of Milton on real estate owned by the county named above. RESOLVED this 21st day of December, 2006. Approved: ________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Aaron J. Bovos, City Manager Date: December 11, 2006 for Submission on the December 21, 2006 City Council Agenda Agenda Item: A Resolution Creating the Bike and Pedestrian Paths Committee CMO (City Manager’s Office) Recommendation: Approve the attached resolution establishing the bike and pedestrian paths committee to serve as the citizen’s participation group for the grant received by the State of Georgia and managed by Georgia Tech, and for other purposes. Background: During the 2006 Session of the Georgia General Assembly, State Representative Jan Jones secured state funding for a bike and pedestrian path study. The attached resolution provides the method in which the Mayor, City Council, and the State Representative can create and nominate members to the committee, which is needed to move the grant forward. Discussion: As outlined by Georgia Tech in an email, the scope of and purpose of the project is as follows: The purpose of this study is to develop a Bicycle and Pedestrian Plan for the newly established City of Milton, Georgia. The plan will propose a network of multiuse trails to connect Milton’s neighborhoods with its parks, schools, libraries, commercial nodes, gravel roads, sports facilities, and other public spaces. The study will consider the needs of the entire population of Milton, but it will also adopt a special focus on the needs of schoolchildren. To lower expenses and connect as much of the city as possible, the majority of the network will consist of multiuse trails paralleling existing roads. The study will establish priorities among the planned trails, giving highest priority to the trails that link the greatest number of people to the largest number of destinations. A citizens’ advisory committee of nine members will provide guidance and assistance on behalf of the public. The committee will meet monthly, from January to April, for a total of four meetings of 90 minutes each. The expected completion date for the project is May 1, 2007. I. Introduction a. Why bicycle/pedestrian plans? b. Background and history of project c. Statewide and regional bike/pedestrian plans d. Adjacent communities bike/pedestrian plans City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 II. Inventory a. Destination inventory b. Projections of future population and schoolchildren c. Current Milton bicycle and pedestrian facilities III. Analysis a. General population and school age population b. Potential trail routes c. Potential trail access and parking locations d. Analysis of potential trail usage by general population e. Analysis of potential trail usage by school age population IV. Design framework for trail systems a. National design guidelines b. State design guidelines c. Major design alternatives i. Sidewalks ii. On-road bicycle lanes and widened shoulder lanes iii. Parallel-to-road multipurpose trails iv. Off-road trails and greenways V. Community guidance a. Structure of citizens’ advisory committee b. Development of community goals c. Identification and ranking of potential trails segments d. Selection of design alternatives Alternatives: N/A Concurrent Review: Carol Wolfe, CGFM, SPHR, City Treasurer and Director of Operations Mike Tuller, Director of Community Development RESOLUTION NO. ______ STATE OF GEORGIA COUNTY OF FULTON A RESOLUTION TO CREATE A COMMITTEE TO SERVE AS THE CITIZEN’S PARTICIPATION GROUP FOR THE BIKE AND PEDESTRIAN PATHS GRANT AWARDED THROUGH THE STATE OF GEORGIA TO THE CITY OF MILTON; AND FOR OTHER PURPOSES WHEREAS, the State of Georgia provided funding for Georgia Tech to complete a bike and pedestrian path plan for the City of Milton; and WHEREAS, the plan is being conducted and facilitated through Georgia Tech and requires citizen involvement; and WHEREAS, the Bike and Pedestrian Path Citizen’s Participation Group shall consist of nine members of the community, to be nominated as follows: the City Council members shall each nominate one member to the board who resides in their respective City Council district; the Mayor shall nominate one at-large member; and State Representative Jan Jones shall nominate two members at large; and WHEREAS, staff of the City of Milton will attend the committee meetings but shall hold no official capacity of the committee; and WHEREAS, all members of the group shall reside in the City of Milton and be at least 21 years of age; and WHEREAS, each person nominated shall be confirmed by a majority vote of the City Council; and WHEREAS, the Bike and Pedestrian Path Citizen’s Participation Group shall meet at regular intervals to perform the tasks and duties as outlined within the scope of service for the development of the Bike and Pedestrian Path; and WHEREAS, each member of the Bike and Pedestrian Path Citizen’s Participation Group shall perform such duties in a volunteer capacity and not be compensated for any time or expenses associated with the acceptance of appointment to this group; and WHEREAS, the members of the Bike and Pedestrian Path Citizen’s Participation Group will meet until their purpose is completed; and WHEREAS, should any member of the Bike and Pedestrian Path Citizen’s Participation Group be unable to fulfill their duties, the elected official who made nomination of that group member shall nominate a new member to be confirmed by a majority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL. By passage of this resolution, the City of Milton Mayor and City Council create the Citizen’s Participation Group for the Bike and Pedestrian Path Grant to serve as the official citizen’s committee to the City of Milton’s and direct each elected official to submit nominees to the committee to the City Clerk so that they may be placed on the agenda for confirmation in January 2007. RESOLVED this 21st day of December, 2006. Approved: ________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Aaron J. Bovos, City Manager Date: December 12, 2006 for placement on the December 21, 2006 City Council Agenda Agenda Item: A Resolution Approving an Agreement between the City of Milton and CH2M Hill for Professional Services Related to City Administration, Finance, and Community Services CMO (City Manager’s Office) Recommendation: Approve the attached resolution authorizing the Mayor, City Manager, and City Clerk to execute all necessary documents to effectuate an agreement between the City of Milton, Georgia, and CH2M Hill, a Florida Corporation, for professional services to be rendered relating to City Administration, Finance, and Community Services, and authorizing payment thereof. Background: Shortly after the City of Milton was created by House Bill 1470, a referendum was held which confirmed the communities desire to become an independent government. Subsequent to the referendum, the Governor’s Commission was formed which chartered the initial stages of the new city. Among the responsibilities taken on by the members of the commission was the identification of an external service provider. Discussion: Through a procurement process defined by the Governor’s Commission, CH2M Hill was selected as the recommended vendor for professional services relating to administration, finance, and community services. Once selected, CH2M Hill staff, primarily Senior Vice President Rick Hirsekorn, worked directly with the members of the commission and then with city staff to formulate a contract. Highlights of the contract include: • Five year term subject to annual appropriation; • Thirty-five (35) staff members; • A cost for the first fiscal year (December 1, 2006 through September 30, 2007) of $5,185,000; • Services delivered in the following areas: o Contract Administration o Policy Implementation o Customer Service o Records Management o Public and Media Relations o Municipal Court Services o Financial Services o Risk Management o Human Resources o Community Services (public works, recreation and parks) o Purchasing, Procurement and Contracting o Transportation City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 o Streets, rights-of-way and facilities o Community Development Since the first draft of the contract was received by staff, several meetings were conducted to review the scope of service and related costs. Revisions to the contract included changing the scope of service where appropriate, clarifying services to be delivered where necessary, and reviewing costs. Subsequent to the staffs meeting with CH2M Hill, the Mayor and City Council have had the opportunity to review and discuss the contract with representatives of the company. Changes and discussions have occurred throughout these negotiations to provide the city and CH2M Hill with a clear understanding of expectations. Alternatives: Alternatives have been explored by the Mayor, City Council, and Senior Staff. Adoption of this service agreement provides the most advantageous approach to delivering services. Concurrent Review: Mark Scott, City Attorney Carol Wolfe, Director of Operations/City Treasurer RESOLUTION NO. ______ STATE OF GEORGIA COUNTY OF FULTON A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF MILTON AND CH2M HILL, A FLORIDA CORPORATION, FOR PROFESSIONAL SERVICES RELATED TO CITY ADMINISTRATION, FINANCE, AND COMMUNITY SERVICES; AUTHORIZING THE MAYOR, CITY MANAGER AND CITY CLERK TO EXECUTE AND COMPLETE THE NECESSARY DOCUMENTS TO EFFECTUATE THE AGREEMENT; AND FOR OTHER PURPOSES WHEREAS, the City of Milton Governor’s Commission procured CH2M Hill as a service provider in a public/private form of government during it’s regularly commenced meetings; and WHEREAS, the City of Milton Governor’s Commission recommended the hiring of CH2M Hill to the Mayor and City Council on November 14, 2006; and WHEREAS, the Mayor and City Council have reviewed the proposed contract with CH2M Hill and have agreed upon the services to be delivered, the related costs, and the expected service levels. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL. By passage of this resolution, the City of Milton Mayor and City Council authorize the Mayor, City Manager, and City Clerk to execute and complete any document necessary to effectuate the agreement for professional services to be received from CH2M Hill; that the aforementioned agreement is attached hereto and specifically made a part hereof; that the compensation for services as provided in the attached agreement is hereby authorized to be paid from the fiscal year 2007 budget; and that this resolution is effective immediately upon its adoption. RESOLVED this 21st day of December, 2006. Approved: ________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) THE SERVICE CONTRACT BETWEEN CH2M HILL AND THE CITY OF MILTON WILL BE DISTRIBUTED ELECTRONICALLY City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Aaron J. Bovos, City Manager Date: December 13, 2006 for placement on the December 21, 2006 City Council Agenda Agenda Item: A Resolution Approving the City of Milton Youth Athletic Association Facility use Agreement and Organizational Requirements for external non-profit entities interested in public park usage. CMO (City Manager’s Office) Recommendation: Approve the attached resolution approving the City of Milton Youth Athletic Association Facility Use Agreement and Organizational Requirements for external non-profit entities interest in public park usage; authorizing the Mayor, City Manager, and City Clerk to execute all necessary documents to effectuate necessary agreement between the City of Milton, Georgia and any youth athletic association wishing to use city parks. Background: After incorporation, the City gained control of previously existing park and recreational facilities owned by Fulton County. The real property is currently in the process of being acquired by the City. The attached agreement provides the ability for the City to sign facility use agreements with external non- profit entities to utilize the parks within our jurisdiction. Discussion: The attached agreement sets forth stipulations by which both the City of Milton and the association must abide. The intent of this Agreement is to hold the Association responsible for the condition of the parks as a result of their usage. The following are highlighted items from the agreement: Association Requirements: • By-Laws • Election of Officers • Capacity Plan • Financial Reporting • Insurance • Coach Certification • Safety/Accident Prevention • Facility Upkeep • Facility Security Usage Requirements: • Hours of Operation • Motor Vehicle Regulation • No Alcohol Consumption City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 City Requirements: • Provide Clinician for Certification Training • Trash Receptacles • Capital Improvements • Water, Septic and Electric Service Alternatives: Alternatives have been explored by the Mayor, City Council, and Senior Staff. Adoption of this agreement provides the most advantageous approach to delivering services. Concurrent Review: Mark Scott, City Attorney Carol Wolfe, Director of Operations/City Treasurer RESOLUTION NO. ______ STATE OF GEORGIA COUNTY OF FULTON A RESOLUTION APPROVING THE CITY OF MILTON YOUTH ATHLETIC ASSOCIATION FACILITY USE AGREEMENT AND ORGANIZATIONAL REQUIREMENTS FOR EXTERNAL NON-PROFIT ENTITIES INTERESTED IN PUBLIC PARK USAGE; AUTHORIZING THE MAYOR, CITY MANAGER, AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE NECESSARY AGREEMENT BETWEEN THE CITY OF MILTON, GEORGIA AND ANY YOUTH ATHLETIC ASSOCIATION; AND FOR OTHER PURPOSES WHEREAS, the City of Milton is acquiring the park land previously owned by Fulton County; and WHEREAS, from time to time, youth athletic associations which are non-profit entities may wish to utilize the City of Milton facilities; and WHEREAS, the City of Milton Community Services Department will oversee and regulate the usage of public parks by any youth athletic organization; and WHEREAS, the Mayor and City Council have reviewed the proposed agreement and have agreed upon the terms and conditions. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL. By passage of this resolution, the City of Milton Mayor and City Council authorize the Mayor, City Manager, and City Clerk to execute and complete any document necessary to effectuate an agreement between the City of Milton and any youth athletic association based upon the terms of the agreement; that the agreement is attached hereto and specifically made a part hereof; that the terms and conditions set forth in the attached agreement is hereby authorized to be effective immediately upon its adoption. RESOLVED this 21st day of December, 2006. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT YOUTH ATHLETIC ASSOCIATION FACILITY USE AGREEMENT AND ORGANIZATIONAL REQUIREMENTS TABLE OF CONTENTS PAGE: Parks, Recreation and Cultural Arts Department Mission Statement 2 Legal and Organizational Requirements 3-6 Requirements of Associations 7-12 Facility Ordinances 13 Park/Facility Regulations 14-15 Recreation and Parks Personnel/Phone Numbers 16 Association Participation Record 17 Volunteer Background Check Consent Form 18 City of Milton Accident/Incident Report Form 19 Concession Revenue Report 20 Association Checklist 21 Facility Use Agreement 22-24 CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 2 LEGAL AND ORGANIZATIONAL REQUIREMENTS In order to qualify as a Youth Athletic Association (“Association”) and to operate on City of Milton (“City”) property, each Association must adhere to certain minimum legal and organizational requirements. These requirements are a part of the Facility Use Agreement which must be signed by each Association prior to the operation of any activity on City property. These requirements are necessary in order to insure the safety and well-being of all participating Associations. The signing of the Facility Use Agreement indicates the Association’s assumption of the financial responsibility for the program, as well as the legal liability and management of the program participants and volunteers. The City will not be held responsible for the finances, legal liability, unless as specified in the Facility Use Agreement, or the program management. Violation of the above mentioned responsibilities constitutes cause for the revocation of the agreement. The requirements are as follows: 1- NON-PROFIT STATUS Each Association must register with the Secretary of State’s office as a non-profit organization. Proof of this status must be submitted to the City of Milton Parks, Recreation and Cultural Arts Department (“Department”) on an annual basis. 2- BYLAWS Associations shall furnish an updated copy of their by-laws to the Department to be kept on file at all times. Up-dated by-laws must be received one (1) month before the start of the season. 3- ELECTION OF OFFICERS The Board of Directors (“Board”) shall be the governing body of each Association for the operation of the affairs of the association as documented in the by-laws. The Board - must be elected annually through an open election. A Department employee must be notified of and invited to attend all Board meetings. The Department Director will appoint the employee liaison to the Board. The Chairman of the Commission will appoint the Commission liaison to the Board on an annual basis. All members of the Association, as defined by the by-laws shall have the opportunity to vote. A copy of the notice must be sent to the Department. The Association must furnish a list of all elected Board members, addresses, email addresses, telephone numbers (home and office) to the Department no later than one month after the elections. 4- ASSOCIATION ANNUAL MEETING Each Association must schedule a minimum of one (1) annual membership meeting. This meeting shall be for the purpose of electing Board members and any other necessary business. Efforts must be made to contact all members and the Department must be notified of the meeting. Notice of said meeting must be posted at Milton Recreation & Parks two weeks prior to meeting date. CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 3 5- CAPACITY PLAN For each season, each Association shall provide a Capacity Plan and Registration Plan prior to registration for that season to the City for approval. The Capacity Plan will define the registration constraints for the program and such registration limits shall be adhered to unless a change is approved by the City. The Capacity Plan shall include a Service Level Agreement (SLA), Master Program Model (MPM), Facilities Use Plan (FP), and a Registration Plan (RP). The SLA shall include the number of games and practices each team shall have per week, the number of games that will be played in each season and the number of players per team. The MPM shall include all of the offerings of the program and the number of teams allowed for each offering. The MPM should take into account providing for the year to year service to the population of participants in the program. For example, if the program model allows for eight teams of twelve players at age five recreation baseball, the MPM should envision providing a place to play for 96 players year after year. There will be demographic trends that will affect this. For example, in football, starting in seventh grade, a large number of players move to the high school feeder system. Another example is that in baseball, the numbers tend to decline at age 11, again at age 13 and again at age 15. These demographic changes need to be documented and explained. The FP shall show how the Association will implement the MPM while adhering to the SLA using the facilities being made available to the program. The RP shall include the registration limits as derived from the MPM, a calendar of registration opportunities and a method of giving City residents preferred registration opportunities and a method of determining City residency. Once approved by the City, each Association shall make their Capacity Plan available to the public by posting it on their web site. 6- ASSOCIATION OPERATING BUDGET Each Association must prepare and present a formal budget to the City for review and approval prior to the start of the Association’s fiscal year. The submitted budget must detail revenues offsetting expenditures for the fiscal year, based on the Capacity Plan. 7- FINANCIAL REPORTS The City assumes no responsibility for the financial well-being or outstanding debts of Associations. Each Association, at the conclusion of the each sports season – within one month after the season ends, must provide the City with the following financial information: a. yearly balance (beginning and closing) CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 4 b. receipts for capital improvements made during the year (anything over $1,000) c. record of resident/non-resident participation d. copy of the previous year’s Federal and State tax returns 8- LIABILITY INSURANCE COVERAGE Each Association must provide comprehensive liability insurance coverage for all players, coaches, officials, volunteers, sub-contractors and all other association participants in the amount of One Million Dollars. The City should be listed as an additional insured. 9- PARTICIPATION REPORTS All Associations are required to submit a participation summary to the Department. This summary, due at season midpoint, should include the number of participants as well as the out of city/county fees paid. All Associations are required to submit a list of registered players to the Department, along with the attached Release of Liability, Waiver of Claims and Assumption of Risks and Indemnity Agreement. The list shall include each player’s name, street address, zip code and the program and team in/on which they are participating. (Examples of programs are Division I-110 lb., Division II-70 lb., Travel 14, Recreation 11, Fast Pitch 16U. Associations may use whatever nomenclature is native for them, but must provide an interpretation for staff and the designation must include the type of information in the examples above.) The list shall be submitted to the Department within 2 weeks after the end of registration. The Department will use the list to verify the resident status of registered players and shall not use the list to promote Department programs, without prior consent of the Association. 10- REGISTRATION Registration dates and times must be provided to the Department in time for inclusion in department publications. For most sports this would be a two (2) month lead time. 11- RETURNING PLAYER/CITY RESIDENT REGISTRATION Returning player registration takes precedent over new players. A minimal two (2) week returning player registration ahead of new player registration is required. For new participant registration, City of Milton residents must be given priority over non Milton residents. A minimal two (2) week city resident new player registration period ahead of non-city resident new player is required. 12- FACILITY USE - RESTRICTIONS Each Association is organized to provide league play for youth, including player evaluations, pre-season player and coach clinics, league practices, scrimmages, games, and post-season tournaments. All field use shall be coordinated with the Department using whatever methods are agreed to by the parties to insure proper preparation and care of the facilities. Hosting of tournaments involving participants from outside the association’s own program along with participants in the Association’s own program are allowed, but require coordination with and written consent of the Department. The CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 5 Association is specifically not permitted to sublet facilities to any individual or organization. The Association’s Facility Use Agreement is for the Association’s own use. 13- ANNUAL PRESENTATION The President of the Association will be invited to a meeting of the City Council in order to make a brief presentation on the activities of the Association during the past year and its plans for the following year. CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 6 REQUIREMENTS OF ASSOCIATIONS 1- FACILITY USE AGREEMENT Any Association operating on City property must sign a Facility Use Agreement with the City on an annual basis prior to the start of the regularly scheduled sport season. The agreement is issued on an annual basis, and specifically identifies the facilities to be used by the Association and the terms of that use. Adherence to all policies and procedures in this manual is considered part of the Facility Use Agreement. With respect to renewal of this agreement, any Association currently holding a Facility Use Agreement will receive priority, unless the City has reason to revoke the agreement. Facilities not in use will be distributed on a first come first served basis. 2- NYSCA CERTIFICATION OR EQUIVALENT Any individual wishing to coach a youth sports program team operating on City property is required to become certified by the National Youth Sports Coaches Association or equivalent certification program. This certification is mandatory for any individual considered to be the primary or head coach of a team, as well as all persons responsible for the organization and implementation of the program and responsibility for the safety of the participants (coaching, equipment, safety, first aid, etc.). Certification is recommended for assistant coaches, however, is not required. Such certifications shall be included in the application or renewal of Facility Use Agreements for the Association. Each Association is encouraged to designate a board member as an NYSCA Certified Clinician. As needed, the Department will facilitate an NYSCA Clinician to conduct NYSCA clinics, provided the Association coordinates with the Department at least six weeks prior to the clinic date. The provided clinician will be responsible for insuring that certification for all required individuals is completed. The association is responsible for providing the Department with a list of all individuals required to be certified. The association is also required to attain a clinic date and location. Alternate dates should be set for those coaches who cannot attend. There are other available certification programs who will provide their own certification officers, dates, and locations. The Department is not responsible for paying for the certification of the Association’s coaches. Coaches who are not certified by the first game of the season will not be allowed to coach. On or before the first game of the season, the Association must verify the certification of all head coaches in writing to the Department and include the certification documentation. A list of all coaches who are certified to coach (including team name, team age division, and coach phone number) must be submitted to the Department on or before the first game of the season. 3- FEES AND CHARGES Registration Fees All registration fees should be fair and equitable to all participants. Associations should CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 7 communicate to participants what the registration fee covers, including the projected number of practices and games per season. City of Milton employees and their immediate family members, and members of the Association Board of Directors, regardless of where they reside, are considered residents and may register during the resident registration period. Associations should contact the Department to verify employee status. Scholarships The Association should make available a reasonable number of scholarships for participants requiring assistance. A participant must be a resident of the City of Milton in order to qualify for a scholarship. Admission Fees Associations are not allowed to require an admission fee to any normal association play. Admission fees may be collected for tournament play or other special events, upon approval of the Department. The association must submit a letter of request in order to have an admission fee request approved. 4- PROGRAM/FACILITY SCHEDULES Associations are required to submit all master schedules to the Department prior to the beginning or use of any City facility. This includes tryout dates, practice schedules, opening ceremonies, game schedules, special events such as player clinics, travel team schedules, etc. These schedules should be submitted thirty (30) days prior to the beginning of any program. 5- SAFETY/ACCIDENT PREVENTION Associations are responsible for operating their programs in a safe and effective manner. All fields, equipment and other facilities should be inspected before each use. Associations should have an adequate number of adults present at each scheduled activity to supervise the participants from the outset to the close of the program. League officials are responsible for insuring that all programs are operated under safe weather conditions. Safety plans should be implemented in case hazardous situations should occur. 6- DISCRIMINATION Associations should offer participation to all individuals without regard to race, color, national origin, religion, gender, age, or handicap, unless participation would create a risk to any participants. 7- FACILITY UPKEEP/COMMUNITY IMPACT Associations should take proper steps to ensure that facilities and surrounding areas are free from litter, excessive noise, excessive traffic, parking problems, etc., which would create problems for park neighbors or other park users. Those situations which the Association cannot resolve must be brought to the attention of the Department as soon as possible. CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 8 8- MAINTENANCE/EQUIPMENT RESPONSIBILITY The Department will be responsible for providing appropriate trash receptacles and the removal of trash. The Department will provide maintenance and repair for all capital improvements to the Park Property as approved in the annual budget. The Department will pay the cost for water, septic and electric services. Associations are required to provide all sports equipment and uniforms for participants. Associations are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes playing areas, walkways, restrooms, press boxes, concession stands, dugouts, etc. Association shall be responsible for any vandalism of City property that occurs during scheduled programs. 9- RAINOUTS/SEVERE WEATHER POLICY The Association is responsible for determining field playability. Associations are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. Associations must adhere to the City’s Severe Weather Policy and Cold Weather Policy. For the safety of all, the City of Milton observes the following severe weather procedures for all outdoor programs: Any flash or sound (thunder) which indicates diminishing weather conditions will result in the immediate suspension of any outdoor activities for a safe waiting period of fifteen (15) minutes. All participants will be encouraged to seek shelter immediately. Recreation and Parks staff and/or on-site supervisors will monitor conditions during this time. Subsequent flashes or sounds will result in an extended safe waiting period until it is determined by staff or on-site supervisor either that conditions are safe to resume scheduled outdoor activities, or that conditions have deteriorated to the point of canceling the outdoor activities. For the safety of all, the City of Milton observes the following Cold Weather Policy for all outdoor programs: No scheduled activity can begin if the locally measured temperature is below 42 degrees Fahrenheit. 10- CONCESSIONS OPERATIONS Associations are required to purchase their own supplies. Concession facilities must be cleaned after each use. Necessary building maintenance and vandalism should be reported to the City within twenty-four (24) hours of its discovery or occurrence. 11- RESTROOMS Comment [CL1]: I would make the Association financially responsible for any vandalism while on their watch CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 9 It shall be the responsibility of Associations to ensure that restrooms are inspected after each program session. The City is responsible for the supply of paper products and general maintenance that may occur. 12- SECURING OF FACILITIES An Association Board member should be responsible for securing facilities after each use, including all practices and games. This includes closing and locking of all buildings, the turning off of all lights and scoreboards, and ensuring all necessary gates are closed and secured. Association board members and coaches are asked to turn off lights and scoreboards immediately following the last practice or game of the night, instead of waiting for the timer to take effect. 13- KEYS Keys to all required facilities will be distributed to the President of the Association, and may be distributed to the necessary individuals. A list of all individuals who have keys in their possession shall be submitted to the Department. The Association is responsible for returning all issued keys within five business days of the request of the Department. Any unreturned keys are subject to a fine at the discretion of the City. Periodically, the Department will change the locks and/or combinations to buildings, gates, and electrical boxes. The Department will notify affected Association of any changes. Association is responsible for notifying the Department within twenty-four (24) hours when keys to facilities have been lost or misplaced. If the associations mishandling of keys results in an expense to the city, association shall reimburse city such costs. 14- PUBLICITY Associations are prohibited from the creation and/or distribution of any documentation or publicity in any media form which contains the City of Milton Logo, City of Milton Seal or any other identification with the City of Milton unless the documentation has been received and approved by the Department prior to distribution. The Department will provide links to Association websites on the City’s website, http://www.cityofmiltonga.us . The Association must notify the City when their web address changes. 15- PUBLIC USE OF FIELDS The Facility Use Agreement applies only to organized league play for the duration of the agreement as specified on the agreement. Unless otherwise scheduled, the facilities are available to the public on a first come, first serve basis. 16- ACCIDENT/INCIDENT REPORTS (attached) The Association is responsible for filing an accident/incident report to the City which documents the details of any accident, injury, or incident which occurs on City property. The report should detail what occurred, the time of the accident/incident, where it occurred, who was involved, and who witnessed the accident/incident and filed the report. A copy of the accident/incident report is included in this manual. The report shall Comment [CL2]: Should specify who is responsible for cleaning and how often cleaning the restrooms. CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 10 be submitted to the Department within two (2) working days of the accident/incident. (Any and all accidents/incidents must be reported!) 17- GRIEVANCE PROCEDURE All participants must have due process to address any grievances with the Association’s Board at a scheduled meeting. 18- ADVERTISING/SIGNAGE Advertising signage may be placed on fences, dugouts, concession stands and other facilities with the prior written approval of the Department. Revenue derived from the sale of advertising signage belongs to the Association. 19- COMPLAINT PROCEDURE Any written complaint regarding a coach, league official, umpire, etc., should be copied to the Department Director. 20- BACKGROUND CHECK - VOLUNTEERS All Association board members shall go through a police background check once per calendar year. Any individual who coaches a youth team shall go through a police background check prior to beginning any activity. Background checks should be done once per calendar year for each coach. Background consent forms must be forwarded to the Department who will coordinate the check with Milton Police Department. Background checks must be completed prior to team coaching assignments. The association is encouraged to submit forms at least one month prior to the beginning of the season to allow ample time for the check to be performed and any problems noted. The Department strongly encourages all Associations to submit background checks for potential assistant coaches. Any individual who does not meet City standards for background check will not be allowed to coach in the youth league and should not be assigned a team. The Department will inform the Association President of any concerns resulting from a background check. Background checks are performed by Milton Police Department, who coordinate the checks with the Georgia Crime Information Center. The background check consent form must be completed in entirety in order for the GCIC to complete the check. 21- BACKGROUND CHECK – OFFICIALS AND UMPIRES Each Association who has a contractual agreement with an outside vendor to provide officiating services for the Association shall require, as part of the written agreement, that all officials/umpires who will be scheduled to officiate at Association activities complete a police background check prior to officiating any games for the Association. The background check should be performed once per calendar year. The Association shall require appropriate documentation of completion of background checks. Documentation must be maintained on file by the Association. 22- CAPITAL IMPROVEMENTS AND PHYSICAL FACILITY CHANGES CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 11 All proposed changes, modifications, additions, removals and repainting of any aspect of the physical plant of a Park must have the prior written approval by the Department. All capital improvements performed at the Park become the property of the City of Milton upon their physical and financial completion. 23- INDEMNIFICATION The Association shall indemnify, defend and hold harmless the City, its agents, employees, or assignees from and against all losses, expenses, costs, damages, claims, suits and judgments, including attorney’s fees, arising out of any actions under the Facility Use Agreement, including injury or death of any person(s) or any property damage, whether such injury, death or damage results from any cause whatsoever. The Association’s duty to indemnify shall extend to all claims, damages, losses, or expenses caused in whole or in part by any act or omission of the Association, any subcontractor of Association, or anyone directly or indirectly employed by either parties for whose acts they may be liable for. The Association’s obligation shall also include, but is not limited to any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition, disparagement of produce or service, or other business tort of any type or any claims or liability for compensation under Worker’s Compensation Act arising from injuries sustained by any employees or agents of Association. The indemnification obligation is not limited by any insurance coverage of the Assocation. This indemnification obligation shall survive the termination of this agreement. FACILITY ORDINANCES Associations are responsible for adherence to all City and park ordinances. 1- HOURS OF OPERATION City facilities should open at 8:00am, and should close at 11:00pm. Associations are not allowed to conduct a program after 11:00pm, unless prior written approval has been given by the Department. 2- USE OF PARKS FOR GOLF PRACTICE Parks may not be used for any type of golf practice. 3- MOTOR VEHICLES IN PARKS Motorized vehicle operation is restricted to prescribed paths, marked roadways, driveways and parking lots. This also applies to parking in areas other than designated parking spaces. 4- LITTER CONTROL It is unlawful to litter. Each Association is responsible for insuring that all fields, parking lots, restrooms, dugouts, and concession areas are kept clean and litter free on a daily CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 12 basis. Clean up fees may be assessed to those associations not adhering to this policy. All litter should be picked up and placed in the proper containers. 5- ALCOHOL BEVERAGES It is unlawful to sell alcoholic beverages on park property. Alcoholic beverages may ONLY be consumed on park property for a special event if an alcohol permit has been obtained from the City prior to the special event. 6- TOBACCO USE It is against City policy to use tobacco in the parks. Signs are posted at each facility. 7- ANIMALS IN PARKS It is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner’s responsibility to remove any animal excrement deposited by their animal on park property and dispose of in a sanitary manner. All pets must be on leashes while on City property. 8- NOISES AND SOUNDS PROHIBITED It is unlawful for any person to make, continue or cause to be made any loud, unnecessary or unusual noises that annoy, disturb, injure, or endanger the safety or comfort of others in the area. 9- CLOSING OF BALLFIELDS The Department may close to the public any ballfield or facility for maintenance purposes. Such facilities will be posted, and it is unlawful for any person to enter a closed facility. PARK/FACILITY REGULATIONS 1. Associations conducting youth activities on City facilities must have a sufficient number of adults present to supervise all scheduled activities from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of an organization must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of this agreement. 3. The Association shall be responsible for any damage incurred to the facilities while in use by the Association. Persistent damage to City facilities while in use by the Association could result in agreement revocation 4. The Association is responsible for policing the area around athletic fields, parking lots, rest rooms, concession stand, dugouts, and walkways. This must be completed upon the conclusion of each activity. CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 13 5. Upon the signing of the Facility Use Agreement, the Association shall provide Department with a list of its league officials with phone numbers, addresses, program registration information to include dates, fees, and season lengths. 6. The Association shall provide the Department with a copy of their game and practice schedule one week prior to the beginning of any program. Unscheduled field time will revert to the Department to schedule. The Department will supply locks for all required facilities and structures. Keys will be distributed as per Department policy. 7. The City shall be responsible for mowing the grass, trash removal, general maintenance, etc., unless otherwise specified in the agreement. 8. A designated Association member must make sure the facilities are secure and all lights turned off before departing the area. 9. The Association shall be responsible for all uniform distribution. 10. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 11. All head coaches within the Association shall be NYSCA or equivalent certified prior to coaching a youth team. 12. The presence of alcohol/drugs is strictly prohibited on City property; except in the situation of alcohol, when an alcohol beverage license has been issued by the City. 13. Tobacco use in the parks is strictly prohibited. 14. Bicycles, roller blades, skateboards, etc. are prohibited on walkways and other designated areas. 15. No activity shall begin after 10:00pm, and the parks will close at 11:00pm. ALL QUESTIONS, RECOMMENDATIONS, COMPLAINTS, ETC. SHOULD BE DIRECTED TO THE DEPARTMENT. CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 14 ASSOCIATION PARTICIPATION RECORD This participation summary must be completed and submitted to the Department at the end of each sports season. An Excel spreadsheet noting this information may be substituted. ASSOCIATION NAME____________________________________________________ SPORT__________________________SEASON/YEAR_________________________ DATE SUBMITTED______________________________________________________ AGE DIVISION # PARTICIPANTS # TEAMS ______________ ________________ ____________ ______________ ________________ ____________ ______________ ________________ ____________ ______________ ________________ ____________ ______________ ________________ ____________ ______________ ________________ ____________ TOTAL MILTON RESIDENT PARTICIPANTS: ___________ TOTAL NON MILTON PARTICIPANTS: ___________ TOTAL PROGRAM PARTICIPANTS: ___________ FEES COLLECTED FOR PROGRAM: ___________ I,_______________, CERTIFY THAT THE ABOVE INFORMATION IS ACCURATE. (Board President) CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 15 TO: ALL POTENTIAL VOLUNTEER COACHES/INSTRUCTORS FROM: AARON BOVOS, CITY MANAGER RE: CONSENT FORM – REVISED DECEMBER 2006 Pursuant to a requirement from the insurance company for all liability/risk insurance policies for the City of Milton, please complete the following and return as soon as possible: I hereby authorize the CITY OF MILTON to receive any criminal history on file pertaining to me from any federal, state, or local criminal justice agency. _________________________________ ___________________________________ (PRINT FULL NAME) (SIGNATURE) (ADDRESS) (CITY) (STATE) (ZIP) _________ __________ __________________ _________________________________ *(SEX) *(RACE) *(DATE OF BIRTH) *(SOCIAL SEC. #) *The above information is necessary to retrieve criminal history information. PHONE NUMBER: (H)__________________________________ (W)__________________________________ (PG)_________________________________ (FAX)________________________________ E-MAIL __________________________________________________ Please circle the appropriate Association: HOPEWELL YOUTH ASSOCIATION, INC. Other _______________________________ ***Unless instructed otherwise, return form to the Association Board Member responsible for coach applications and background checks. Office Use Only CONSENT REQUESTED BY:__Aaron Bovos____________ CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 16 City of Milton Accident / Incident Report Form Date of accident/incident ________________ Time of accident/incident _________________ Facility where accident/incident occurred ___________________________________________ Specific location of accident/incident within the facility ________________________________ Number of persons involved _________ Police notified __Y __N EMS notified __Y __N Information on persons involved in the accident/incident: NAME (please print) PHONE Under the age of 18 Day: Evening: Day: Evening: Day: Evening: Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening: Day: Evening: Day: Evening: Day: Evening: ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options _____________________________________________________ Did the injured party waive treatment __Y __ N **Photos of accident/incident site taken __Y __N Person completing form ______________________ _______________________ _______________ (Print name) Signature Date Person completing form ___________________________ ____________________________ Day phone Evening phone ** Take photographs of the accident/incident site as soon as practical but within 24 hours of the accident/incident Fax completed form to CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 17 ASSOCIATION CHECKLIST Revised 10-06 Association:_________________________________ Sport/Season/Year:______________ DESCRIPTION DUE* DONE Proof of Non-profit status submitted to MPRCAD Jan. 1 each year ______ Update Association by-laws – copy to MPRCAD 1 month before season ______ Open election of Board of Directors annually ______ Annual membership meeting annually ______ Capacity Plan annually ______ Operating Budget annually ______ List of elected of officers to MPRCAD one month after elections ______ Liability Insurance maintain each year ______ Participation List to MPRCAD 2 weeks after registration ends ______ Registration info to MPRCAD 9 months before registration ______ Signed Facility Use Agreement prior to start of season ______ Coach Background Consent Forms prior to team assignments ______ Head Coach Certification before start of season ______ Master Schedule to MPRCAD (tryouts, practices, games) 1 month before season ______ Assn. secures facilities after games/practices ongoing ______ List of key holders to MPRCAD update as necessary ______ Accident/Incident Reports to MPRCAD as necessary ______ Copy of Coach Complaint to MPRCAD as necessary ______ Background Check Consent Form to MPRCAD 1 month before season ______ Reports end of each season 1. yearly balance (beginning and closing) ______ 2. receipts for capital improvements made during the year ______ 3. record of resident/non-resident participation ______ 4. copy of previous year’s Federal and State tax returns ______ Approved by:______________________________ Date:__________________________ Association Representative Signature Received by:_______________________________ Date:__________________________ City Representative Signature (Note: MPRCAD = Milton Parks, Recreation and Cultural Arts Department) *Due Dates for each Association will be discussed and agreed upon with each Association President during the contract review process. Due Dates will vary per Association. CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 18 FACILITY USE AGREEMENT This agreement, made this ___________day of ______________, 20______, by the City of Milton (“City”) and ______________________________ a non-profit organization called the “Association.” Witnesseth : In consideration of the mutual agreements contained in this document, the City and Association agree as follows: 1. The Association agrees to provide a youth sports program (organized league play) as a service for the City in accordance with all policies and procedures for youth sports associations operating on city property previously set forth, (including the Youth Athletic Association Facility Use Agreement and Organizational Requirements) and attached in this agreement. 2. The term of this agreement will begin__________________ and continue through ____________________. A new agreement must be signed on an annual basis. 3. The City agrees to authorize the Association the use of fields and facilities as listed below at _______________________park. The agreement includes use of all support structures (dugouts, lights, press-boxes, concession stands, storage facilities, bleachers, batting cages, fencing, etc.) for approved league play unless otherwise specified. __________________FROM______AM/PM TO ______AM/PM FIELD_______ __________________FROM______AM/PM TO ______AM/PM FIELD_______ __________________FROM______AM/PM TO ______AM/PM FIELD_______ __________________FROM______AM/PM TO ______AM/PM FIELD_______ __________________FROM______AM/PM TO ______AM/PM FIELD_______ __________________FROM______AM/PM TO ______AM/PM FIELD_______ DATES:_________________________________________________ 4. The Association agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 5. Association shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Association without prior CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 19 written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 6. Failure of the City to insist upon strict performance of any term or condition of this agreement shall not be a waiver of any right or remedy the City may have, and shall not be a waiver of any subsequent breach of terms or conditions. 7. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 8. If the Association defaults on any obligation under this agreement or violates any term or condition, the City may terminate the agreement. 9. It is agreed and understood that the Association releases the City, its agents and employees from any and all damage or injury to participants or property arising out of the performance of this agreement and that the Association shall relieve the City of all damages, liabilities, expenses and losses incurred by the City as a result of the Association’s performance of this agreement. 10. Association agrees to pay the cost of any legal proceedings, including attorney’s fees and court costs, which are incurred by the City on account of or because of the violations or alleged violations of any terms of this agreement. 11. This agreement may be modified only by a written agreement between the City and the Association. 12. It is the understanding of the City and the Association that nothing contained in this agreement shall be interpreted to assign to the Association any status under this agreement other than that of an independent Association. 13. Nothing within this agreement shall be construed as a waiver of governmental immunity by the City, its officers or employees. 14. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ASSOCIATION NAME:_______________________________________ ADDRESS:__________________________________________________ CITY/STATE/ZIP:____________________________________________ CITY: Milton Parks, Recreation and Cultural Arts Department 15. It is agreed between the City and the Association that this agreement shall be executed in an original and one copy, which may be used for any purpose for which the original may be used. CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 20 16. The City has designated ______________ as its contact person, coordinator, and liaison person with the Association in the execution of the terms of this agreement. 17. The Association shall not have the right to assign the interest it holds in this agreement Both parties agree that this agreement shall be governed by the laws of the State of Georgia. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 19. The Association may not deny participation in any park or program based on race, color, national origin, religion, sex, age, or disability. 20. The Association members agree to abide by all City policies and procedures as attached in this agreement. 21. The Association will adhere to fee policies set by the City, including fees that may not yet be currently established. Association President: _____________________ By:_____________________ Signature Joe Lockwood Mayor, City of Milton Name_________________________ (Typed or Printed) Title__________________________ Board Member: __________________________ Signature Name_________________________ (Typed or Printed) Title__________________________ I, ___________________________, President of __________________________ hereby agree that I will abide by and insure compliance by the Association of all terms and conditions of this agreement. I understand that failure to comply could result in the revocation of the agreement. Date________________ Signature____________________________ CITY OF MILTON PARKS, RECREATION AND CULTURAL ARTS DEPARTMENT 21 RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS RELEASE YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE Volunteering in any program, activity or facility, and the use of its equipment is at your own risk. You also acknowledge by signing below that you waive any right towards any legal claim regarding any incident against the City of Milton. I am aware that all recreational activities involve some risk of accidents and injury. I am also aware that these activities involve inherent risks, dangers and hazards. I freely assume and fully accept all such risks, dangers, and hazards and the possibility of personal injury, death, property damage, or loss resulting therefrom. In consideration of City of Milton and its agent(s) or subcontractor(s) (including CH2M HILL, Inc.) permitting my participation in the activities, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I may have against City of Milton and its agent(s) or subcontractor(s) (including CH2M HILL, Inc. and all their directors, officers, employees, agents, and representatives) (all of whom are hereinafter referred to as the RELEASEES); 2. TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any loss, damage, injury or expense that myself may suffer as a result of participation in, activities in or associated with the Recreation and Parks Department due to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES; 3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in activities in or associated with the Recreation and Parks Department, 4. That this release of liability shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns in the event of my death. I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING IT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE AGAINST RELEASEES. Signature: ________________________________________________ Date:________________________________________ Please call the City of Milton Parks, Recreation and Cultural Arts Department with any questions you may have at ____________. City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 X:\City Clerk\Master Agendas 2006\December 21, 2006\Legal Services Approval.doc 1 To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CGFM, SPHR, City Treasurer/Director of Operations Date: December 21, 2006 City Council Meeting Agenda Item: Approval of Monthly Invoice for Legal Fees CMO (City Manager’s Office) Recommendation: Approve the payment of legal fees per the attached invoice. Background: The City receives a monthly invoice from Riley, Lewis and McClendon for legal services rendered to the City by Mark Scott, the City Attorney and all other support services rendered by the law firm. Payment is due 30 days from the invoice date. Discussion: Staff requests review and approval of the legal services rendered prior to payment being issued. The invoice for legal services will be a regular agenda item on the third Thursday Council meeting in order to process payment to Riley, Lewis and McClendon approval by the end of the applicable month, subsequent to Council. Alternatives: None identified. Concurrent Review: Aaron Bovos, CGFM, CTP, City Manager RILEY LEWIS & McLENDON ATTORNEYS AT LAW 315 WASHINGTON AVENUE TELEPHONE: 770-590-5900 MARIETTA, GEORGIA 30460 FACSIMILE: 770-590-0400 Page: 1 City of Milton December 11, 2006 115 Perimeter Center Place NE Account No: 3008 -OM Suite 785 Statement No: 53440 Atlanta GA 30346 Attn: Aaron Bovos General City Work LEGAL FEES Hours 11114/2006 [MES] Telephone calls; online research for legal descriptions; prepare annexation ordinancestapplications; multiple telephone call with council member and staff Re: annexation; telephone calls with property owners and representatives Re: annexations multiple emails with staff Re: issues for council meeting; attend initial city council meeting; 6,70 [DRH] Prepare and review Milton annexation legal description; 8.00 11115/2006 [MES] Research, prepare and review annexation applications; multiple telephone calls and emails Re: annexation; meeting with GA Gulf Properties Re: annexation application; meeting with Roswell City Attorney, Re: completing annexation, review of Roswell maps and documents; legal research on annexation statutes; prepare services memo for 60% annexation; telephone call with Alpharetta and email Re: 100% annexation; 7-80 [DRHj1 Prcpare and reviev: Milf3r, annexation legal description; 7-00 11/1612006 [MES] Multiple telephone calls with council, mayor and staff Re: annexation issues; attend staff meeting, brief on plan to 100% annexation; collect signatures in annexation areas; multiple telephone calls with property owners and meet with property owners and mayor; legal research of 100% annexation method; meeting with county property manager, city manager and counsel Re: property questions; 8.50 [DRH] Meeting with J. Lavelle, M.Scott and City Manager, Milton Re: parks and fire station acquisitions; 1.50 11/17/2006 [MES] Multiple emails and telephone calls with council, mayor and staff Re: annexation; meet with property owners and Mayor; coordinate property descriptions with D. Hicks; review Roswell application for annexation; $-40 [PHI Obtain property descriptions for Milton annexation; 5.00 11/18/2006 [MES] Meeting with property owners to collect applications; multiple telephone calls and emails with Mayor and council Re: annexation; 2.70 Nage: z City of Milton December 11, 2006 Account No: 3008 -OM General City Work Statement No: 53440 Hours 11/19/2006 [MES] Meeting to obtain signature on annexation application; emails with property owners and telephone calls with Mayor and council Re: status of annexation; 2-50 11/26/2006 [AAL] Draft of sign ordinance; 1-80 11/20/2006 [MES] Multiple telephone call and email with mayor, council and staff Re: 1.10 11/27/2006 annexation and staff; multiple telephone calls with property owners Re: annexations; meeting with Dillan and Gallows, PC Re: consult on 2.30 annexation procedure and strategy; 7,40 [DRH] Legals for Milton -100% annexation; 7.70 11 12l/2006 [MES] Multiple email and telephone call with council, staff and property owners Re: annexation and status thereof; prepare ordinances and review applications; attend council meeting; 1070 11128/2006 [AAL] Conference with co -counsel Re: sign ordinance; 0.30 11/2212006 [MES] Attend midnight council meeting; multiple email and telephone calls with city staff Re: ordinances and remaining annexation issues; telephone call and email with media Re: annexation; verify/check for 10.90 11/29/2006 accuracy with property description from annexation ordinance; 4.80 [AAL] Draft of sign ordinance; 220 11/24/2006 [MES] Multiple telephone calls and emails with City council, Mayor and citizens in affected annexation areas Re: annexation issues and status; 2.40 11/25/2006 [MES] Multiple telephone calls and emails with City council, staff, mayor and citizens RE: annexation issues and schedule; called city council meetings for Monday and Tuesday; 2.60 11/26/2006 [MES] Multiple telephone calls and emails with city council and neighbors Re: annexation issues, 1.10 11/27/2006 [AAL] Draft of sign ordinance and review of Fulton County overlay district and amendments Re: same; 2.30 [MES] Teiephone call with Neigbor Newspapers Re: meeting subject; multiple telephone calls and emails with city council, staff and mayor Re: annexations; research property descriptions at Fulton County courthouse; prepare annexation ordinances; attend city council meeting; draft letter to Roswell, attend Roswell city council meeting; 9-20 11128/2006 [MES] Attend city council meeting; review email from citizens Re: Six Hills; telephone call and meeting Re: annexation; prepare annexation ordinances; prepare statement to Roswell Council ; Multiple telephone calls Re: annexation; attend Roswell city council meeting; 10.90 11/29/2006 [DRH] Deed research for Milton annexation; 7-30 [MES] Attend city council meeting; legal research Re: issues for challenge of Roswell's annexations; review request from Roswell; review revised 60% property description; prepare litigation memo, emails Re: annexation and advertisements; finalize letter to Roswell with comments by council; 10.40 City of Milton General City Work 11130/2006 [MES] Attend city council meeting; telephone call with applicants Re: annexations; multiple telephone calls and emails with staff and council Re: annexation; prepare moratorium resolution; review advertisement from Roswell for public hearings; telephone calls and emails Re: same; review emails and review law Re: GA transmission property; telephone call with R. Jones Re: annexation issue; telephone calls, email and review records of annexation for completeness and accuracy; For Current Services Rendered TOTAL CURRENT FEES AND COSTS BALANCE DUE. Page: 3 December 11, 2006 Account No: 3008 -OM Statement No: 53440 Hours 8.40 146.70 21,355.00 21,355.00 $21,355.00 P`.ease Remit $21,355.00