HomeMy WebLinkAboutAn Ordinance To Adopt The City of Milton Community Service PoliciesSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 07-06-32
AN ORDINANCE TO ADOPT THE CITY OF MILTON COMMUNITY SERVICE
POLICIES AS ATTACHED HERETO AND INCORPORATED HEREIN
BE IT ORDAINED by the City Council of the City of Milton, GA while in a Regular Meeting on
June 7, 2007 at 7:00 p.m. as follows:
SECTION 1. That the policy relating to Community Service Policies is hereby adopted and
approved and is attached hereto as if fully set forth herein; and;
SECTION 2. That this policy shall be designated as The Community Service Policies;
SECTION 3. That this Ordinance shall become effective upon its adoption;
SECTION 4. That ordinances in conflict with this resolution are hereby repealed.
ORDAINED this the 7h day of June, 2007
Approved:
Joe Lockw000,,,Mayor
Attest:
Jp*fte R. Marchiafava, City Clerk
(Seal)
IdOL
''"T. City of Milton
Community Service Policies
Community Services Department
Table of Contents
RoadAbandonment Policy.........................................................................................................3
PrivatizationPolicy.....................................................................................................................5
ReservedRight -of -Way Policy..................................................................................................6
GatesPolicy...................................................................................................................................7
InterconnectivityPolicy..............................................................................................................8
TrafficCalming Policy................................................................................................................ 9
DrivewayManual Policy ..........................................................................................................13
RelatedOCGA Codes................................................................................................................32
Right -of -Way Acceptance and Abandonment Policy
1. Methods
Abandonment
• Community Services and Community Development Director discussion with applicant prior to LDP
drawings or final TIP plans.
• Two public notices in the official City Register
• creation of legal property descriptions and exhibits for the affected property (by the applicant)
• Punchlist by Community Services to ensure road abandonment meets safety and construction
standards
• Modifications, additional construction as required by Punchlist of applicant must be finished prior to
City Council meeting.
• Presentation of resolution to City Council by Community Services
• Quitclaim deeds signed and recorded at the courthouse for the minimum fee of ten dollars per
quitclaim deed.
Acceptance
• Punchlist by Community Development and Community Services
• Modifications, additional construction as required by Punchlist of applicant must be finished prior to
signing of final plat.
• Asbuilts must be submitted and meet the permitted drawings design
• Final plats must meet all checklist standards
• Appropriate bond must be posted
• Final plats would be signed by the Community Development Director and accept rights-of-way
3. Construction
Reference Right -of -Way Ordinance, GDOT details and specifications, MUTCD guidelines, AASHTO
guidelines, and MUTCD guidelines.
Permitted drawings must be approved first
Site initiation meeting with City Inspectors
Right -of -Way Encroachment Permit within 5 days of ROW work, including road closure
4. Value
Staff believes that the rights-of-way owned by the City have value. The flexibility allowed in a developer's
design due to demolition and relocation of an existing public road has value to the developer. State Law also
has references to bidding for property. Thus, Staff believes that it has value to the City.
Example: An entire residential street is purchased lot by lot for a new school. Then the
development plan is created that needs the existing right of way to be abandoned so that the
school can be placed on the property. As a trade, the school development must improve an
adjacent intersection, include signalization.
Example. A stub -out street is determined not able to connect with any adjacent properties because all neighbor
subdivisions are built out and do not have interparcel connectivity. The subdivision may or may not have an
HOA. The two parcel owners adjacent to the stub out may purchase and split the land area of the stub -out road,
at appraised cost, payable to the City. The pavement must be removed prior to this exchange by the purchaser.
Another option, when HOA's are in existence in this case, is to allow the HOA to be the purchaser for creation
of a neighborhood pocket park at the cost of the HOA. It is possible that the City may determine it is in the best
interest of the City not to sell the stub -out road for purposes of a public pocket park.
5. Exchanges
Where existing poor alignments are replaced with new, safer roadways, the values shall be set by GDOT
appraisal methods. Should the land accepted by the city be of more value than the land the city gives to the
developer, a development or impact fee credit will be given to the developer in that dollar amount.
Footnote:
1. Fulton County utilized a standard procedure in Road Abandonment cases. This method consisted of:
• Director discussion with applicant
• Two public notices in the official County Register
• creation of legal property descriptions and exhibits for the affected property (by the applicant)
• Quitclaim deeds signed and recorded at the courthouse for the minimum fee of ten dollars per
quitclaim deed.
Privatization Policy
1. Formal application for transferring a public right-of-way to a private right -of way or a private right-
of-way to a public right-of-way shall be made to the Community Services Department
2. The submitted application shall include petition signatures of all land owners (not renters) and their
respective addresses for the 100 percent of all land owners affected. The Community Services
Department shall make determinations upon area of impact.
3. Representatives of a Homeowner's Association are not allowed to submit and application on behalf of
the HOA, but may coordinate such efforts. Each individual land owner must sign the petition as
defined in the procedures for the application.
4. Becoming public:
a. Upon verification of such petition, the applicant shall submit Engineering Testing results and
submit a revision to the Final Plat for such neighborhood to the Community Development
Department, just as a new road dedication would be processed.
b. Upon punch list items found acceptable, the City Engineer will prepare an agenda item for a
City Council resolution with the assistance of the applicant's attorney's in preparing the legal
descriptions and exhibits.
c. Such action will be result in a recorded official document and a newly recorded Final Plat
revision
5. Becoming private:
a. Upon verification of petition, the applicant shall submit a revision to the Final Plat for such
neighborhood to the Community Development Department, just as a new road dedication
would be processed.
b. Upon punch list items found acceptable, the City Engineer will prepare an agenda item for a
City Council resolution with the assistance of the applicant's attorney in preparing the legal
descriptions and exhibits. The applicant shall also file financial statements of assets similar to
what is required for an HOA or condo association to finance a line of credit for capital assets.
This will not be made public and is only to ensure solvency by fully understanding the future
costs associated with this decision.
c. Upon becoming private, an HOA or other applicant must remain private for a minimum of
five years before being eligible to submit for public status again.
Reserved Right -of -Way Policy
1. The Comprehensive Land Use Plan, Transportation Master Plan, Capital Improvement Plan, and Bike
and Pedestrian Master Plans detail locations where project improvements are planned or
programmed.
2. When these projects are planned for programmed, information shall be entered into the City
Geographic Information Systems. This information shall include widths of anticipated right-of-way.
3. As private developers submit plans in these corridors, the City shall require either a) fee simple right-
of-way if at rezoning or ab) reserved right-of-way on the plans and recorded or fee simple free to the
City at LDP permitting. Such benefit will result in credits to the developer from the Community
Development Department.
Gates Policy
Reference standard City details and Gates Ordinance.
Interconnectivity Policy
1. Within residential or commercial applications, all possible interparcel connections (separate from the
main entrance) must be considered during preliminary planning. A high preference is given to any
new east -west connection roads that can be formed due to limitations of the current City street
network.
2. Within subdivisions, if the total number of units exceeds 30, a separate and approved fire apparatus
access road (24ft wide) is required and no exceptions will be made.
3. On Final Plats, interparcel access must clearly be dedicated as right of way and may at times be
required to be paved prior to Final Plat due to drainage concerns.
Traffic Calming Policy
I. Introduction
Citizens are often concerned about excessive traffic speed through their residential neighborhoods.
The primary function of local residential streets in neighborhoods is to allow direct access to the
properties and connections to higher order systems. When neighborhood streets are being used with
excessive speed, the quality of life and the safety of residents is diminished.
In order to enhance the quality of neighborhood life and the safety of the residents of Milton, the
Transportation Division is establishing this Traffic Calming Program. The goals of this program are:
• Reduction of traffic speed to a safe and appropriate limit
• Encourage community participation
• Encouragement and enhancement of pedestrian, bicycle, and transit systems
• Discourage traffic from using local residential streets to bypass collectors
• Limit traffic calming to local residential streets
• Ensure emergency vehicle access
• Use effective, efficient, economical, and environmentally sound traffic calming solutions
• Multi -discipline input from engineers, planners, police, and fire
• Continued monitoring of speeds, traffic volumes, and accidents
It is extremely important to realize that the approach taken by the Traffic Calming Program is a
systematic one. While each situation may be somewhat unique, the same definitions and criteria, as
outlined in this guide, are applied. Also, the transportation system of the City should be considered as
a whole. Solving one local problem should not cause another problem to appear somewhere else.
The Traffic Calming Program is to be used only for local residential streets, as defined in Section IV. It
is also a goal of the program to have the speed limit of all local residential streets posted and
enforceable at 25 -mph.
Keeping with the general guidelines and recommendations as set forth in the Manual on Uniform
Traffic Control Devices and Institute of Transportation Engineers aids in the recognition and
understanding of traffic control devices. Standardization of these devices will help ensure that any
given traffic calming measures including the use of speed humps will be equally recognizable and
require the same action on the part of the motorist regardless of where they are encountered.
II. Traffic Calming Process
1. Homeowners' Association, neighborhood group, or individual reports a speeding problem in
their neighborhood
2. Transportation Division will make a field review of the area to determine what studies should be
conducted
3. Transportation Division will conduct appropriate studies, as approved by City Manager, to
determine the existence and extent of the problem
• If the results of the study indicate there is no traffic problem, the neighborhood will be
informed in writing
• If the results of the study indicate there is a traffic problem, Transportation staff will develop a
traffic calming report, including suggested solutions
4. Transportation staff schedules a public neighborhood meeting to discuss study findings,
suggested solutions, and traffic calming process
5. The neighborhood must show support for proposed solution by submitting a petition showing
75% support to the Transportation Division for verification (see Section VII for details and
Appendix B for example petition forms). The service area necessary for the petition will be
determined by the City Engineer or his/her designee.
6. Once the petition is verified, Community Services staff will develop a final project design and
cost, based on the suggested solution, which will be presented to the neighborhood
7. Passive measures and/or any needed modifications or temporary measures may be implemented
and studies for effectiveness before active measures are installed
8. Final design and cost will be presented to the Mayor and City Council for funding and approval
9. Upon City Council approval, the traffic calming project will be implemented at the direction of the
City Manager.
10. Within 6 months of project installation, Transportation staff will conduct follow-up studies to
measure project effectiveness
III. Traffic Problem Definition
For the purposes of the traffic calming program, a traffic problem on a residential street exists if any of
the following are found during a traffic study:
• The 85th percentile speed in a local residential street is greater than 10 miles over the posted speed
limit
• For pedestrian and other safety related problems, confirmation will be made based on crash
reports, inadequate roadway geometry (poor sight distance, etc.), school locations, and other
safety parameters
If the results of any traffic study show that a residential traffic problem exists, based upon the above
criteria, the Transportation Division will produce a traffic calming report, as explained in Section V.
IV. Local Residential Street Definition
The City of Milton should only support the installation traffic calming devices on local residential
streets, located within the City of Milton:
• Local streets are those classified by City of Milton as primarily used for direct access to property
and connections to higher order systems
• Residential streets are those where the adjacent land use is deemed primarily residential in nature
• Only 25 mph and 30 mph roads qualify for traffic calming, as O.C.G.A §40-14-8(b) states
"thoroughfares with speed limits of 35 mph or more shall not be considered residential streets"
• Only roads with an average daily traffic of 400 to 4,000 vehicles per day (VPD) should be
considered for traffic calming device installation. Volumes above 4,000 VPD would be considered
a major road per the MUTCD for traffic control purposes, and volumes below 400 VPD would not
typically provide enough benefit to warrant the expenditure of public funds for installation and
the increased maintenance costs.
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V. Traffic Calming Report
A. Request for Traffic Study
A Homeowners' Association, neighborhood group, or individual requesting a traffic study in their
neighborhood must submit a written request clearly stating their concerns.
B. Traffic Calming Report
Transportation staff will analyze the results of the traffic study for a neighborhood and determine if a
problem, as defined in Section III, exists. If there is no problem, a letter is sent to the requestor
informing them of such, and the Transportation Division will archive the traffic study results for
comparison to future studies.
If a traffic problem, as defined in Section III, does exist, then the Community Services staff will
analyze the data to determine:
• Severity of the problem
• Causes of the problem
• Determine whether the traffic problem is local or systemic
• Determine what feasible traffic calming solutions may solve the problem
Transportation staff will develop a traffic calming report giving the results of the traffic study,
identification of the problem, and the proposed traffic calming solutions, in a prioritized list with
anticipated effectiveness and cost. Copies of the study will be given to the Fire Department, Police
Department, and any other appropriate agency, organization, or individual as determined by the
Transportation Director.
VI. Feasible Alternative Solutions
The feasible alternative solutions are classified into two categories. The first is passive traffic calming
measures and the second is active traffic calming measures. In general, passive measures are quicker
to implement, easier to undo, cost less, and should be considered prior to the implementation of active
measures. Appendix A presents many of the possible traffic calming solutions that are used by the
Transportation Division. Transportation staff will continue to monitor other agencies' results in their
traffic calming programs and will have staff attend seminars pertaining to traffic calming. Therefore,
solutions presented here may be altered, removed, or expanded as experience in this field grows.
VII. Neighborhood Petitions
The City of Milton requires that there be wide support from the community for implementing traffic
calming measures in its neighborhood. All of the property owners in the impacted area should be
contacted and given an opportunity to sign this petition, indicating their opinion concerning the
installation of the traffic calming device. Any abstention or indication other than a "yes" will be
considered a "no." Impacted Area is defined as all property owners along the roadway or street
segment where a Traffic Calming Device is to be installed or a roadway or street segment that would
cause vehicles to be diverted to another roadway or street segment as to avoid such devices. In
addition, the impacted area will include all cul-de-sac's that obtain access from the roadway or street
segment where a traffic calming device is to be installed.
IF
A spouse's signature will not be acceptable if he/she is not the legal owner. If both husband and wife
are joint legal owners, both signatures are required. A "Mr. and Mrs." signature is not acceptable. All
owners must sign individually, including owners of undeveloped lots. Renting tenants are not an
acceptable substitute for the legal homeowner. The percentages will be calculated, based on individual
lots where the owners sign affirmatively, divided by the total number of lots in the neighborhood.
Each lot counts as only one lot regardless of the number of owners signing. At least 65% of the
homeowners in the neighborhood must vote in favor of installing the traffic calming device, before the
petition will be accepted. Where a neighborhood has a homeowners' association or other legal
mechanism allowing a group less than the previously stated required percentages to represent their
position on matters such as these, this mechanism may replace the petition process as approved by the
City Manager after consultation with the City Attorney.
The completed petition must be returned to Community Services where it will be checked against tax
records and land lot maps to ensure that it meets all requirements. The petition will be presented to
the City Council for action. The City reserves the right to set a reasonable expiration date on petition
signatures. See Appendix B for example petition letter and forms.
VIII. Neighborhood Cost Share
Basic installation of Traffic Calming Devices will be paid by the City 75% and Community 25%. If the
Community chooses upgrades or enhanced versions of a Traffic Calming Device, the Community will
pay the entire cost above the basic device. In addition, any landscaping including maintenance will be
paid entirely by the community. Installation costs include but are not limited to the demolition and
removal of existing pavement, construction of the devices, sign and pavement marking modifications,
landscaping, necessary easements, and right-of-way acquisition. Repair and routine maintenance of all
traffic calming devices will be the responsibility of the City. If the City receives more requests than can
be accommodated by the budget in a fiscal year, the Transportation Division will develop a
recommended priority list based on measurable criteria, such as volumes, 851h percentile speeds, and
crash experience.
IX. Review and Analysis of Applied Solution
Within 6 months after a traffic calming project has been implemented, the Community Services will
conduct another traffic study to determine the effectiveness of the solution. This traffic study will
encompass surrounded streets that may also have been affected by the solution implementation.
The Transportation Division will place its findings in a report as to the effectiveness of the solution,
citing before and after data. Of particular importance will be whether the stated goals have been
accomplished and to what degree. Copies of the final report will be made available to all interested
parties.
X. Removal of Traffic Calming Devices
If the neighborhood decides that they no longer want previously installed traffic calming devices, they
must follow the same procedure to obtain 65% support by petition as listed above for installation.
Active traffic calming devices should remain in place at least 12 months before removal. If devices are
removed, the road must also be brought back to City standards. Removal should be done by a
qualified contractor at no cost to the City of Milton, where the community assumes all related cost in
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the removal of traffic calming devices The City of Milton reserves the right to remove speed humps
for any reason.
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Appendix A - Example Traffic Calming Measures
Passive Measures
The primary use of passive measures is to reduce the speed of traffic while raising awareness of the
traffic problems in residential areas. These methods are less costly than active devices, as they do not
affect the geometry of the roadway or require extensive construction. Passive traffic calming measures
include radar trailers, re -striping, and installing signs.
General advantages of passive geometry traffic calming measures:
• Pose no restrictions for bicycles or pedestrian traffic
• Does not affect intersection capacity or operation
• Cheaper than active traffic calming devices
• Raise awareness of drivers to speeding problems
• No impacts to transit or emergency services
• Can be done regardless of the grade of the road
General disadvantages of passive traffic calming measures:
• Not necessarily enforceable
• Not always effective over time
Radar Trailer
Description:
The City of Milton is considering the operation of a number of portable radar speed meters capable of
measuring vehicle speed and graphically displaying the speed of the motorist.
Primary Purpose:
Reduce vehicle speeds by raising the awareness of the driver to their speed
Advantages:
• Possible speed reduction for short intervals at the radar trailer location
• Opportunity to collect volume and speed data, dependant upon equipment
Disadvantages:
• Not an enforcement tool
• Minimal effectiveness on reducing traffic speeds over time
Narrowing lanes
Description:
Striping is used to narrow travel lanes to 10 -foot widths.
Primary Purpose:
Reduce vehicle speed by creating the perception of a narrower road. Generally, speeds are lower in 10 -
foot wide lanes than in 12 -foot wide lanes.
Advantages:
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• Re -striping can include bike lanes or bike -friendly shoulders. This reduces the vehicular lane
width while also providing a safe place for bikes to travel. Striping to include bike lanes also
reduces the potential for driver to drive outside the lane.
• Striping is easily modified when done with a concurrent asphalt resurfacing program
Disadvantages:
• Citizens do not always perceive striping to be an effective traffic calming technique
Signs and Signals
Advisory and regulatory signs and signals can assist with many problems addressed by traffic
calming. Installation of any signs and signals should conform to the standards set forth in the Manual
on Uniform Traffic Control Devices (MUTCD), as established by the Federal Highway Administration
One Way Treatment
Description:
One-way treatment involves having streets or roadways upon which vehicular traffic is allowed to
travel in one direction only.
Primary Purpose:
Increase the safety of a roadway by reducing the number of conflicting movements. One-way
treatment is not a traffic calming method, but can be used to manage traffic flow in an area.
Advantages:
• Increases the safety of the roadway by reducing the number of conflicting movements
• One way treatment of a roadway is enforceable
Disadvantages:
• Changing a street from a two-way operation to a one-way operation takes a lengthy
implementation process
• Changing a street from a two-way operation to a one-way operation may impact emergency
services or transit systems
• Changing a street from a two-way operation to a one-way operation requires the consideration of
the impact on the local system. Steps should be taken to ensure that making a roadway one way
will not move the problem elsewhere or create new problems.
• Works best in a system comprised of parallel roads
• Residents may be inconvenienced changing traveling behaviors within the subdivision
Other Considerations:
Emergency services and transit routes should be considered when changing from two-way operation
to one-way operation. Their opinions will be solicited and weighed appropriately.
On -street Parking
Description:
On street parking provides designated parking spots on the sides of roadways.
Primary Purpose:
On -street vehicular spaces provide both additional parking and traffic calming benefits. Drivers tend
to travel more slowly when driving past a lane of parked cars due to a reduction in the perceived
travel way.
15
Advantages:
• May reduce the speeds of the through traffic
• Increase pedestrian safety - on -street parking provides a greater buffer between the sidewalk and
the traveling vehicular lanes
Disadvantages:
• Common perception that on -street parking is not aesthetically pleasing
• Possible difficulty seeing pedestrians crossing at mid -block locations
Other Considerations:
• Parking spaces should be prohibited at least 100' from an intersection and at least 10' on both
sides of a fire hydrant.
• Create a wide single lane where on -street parking would be promoted
GATEWAY
TREATMENT
Gateway and Pavement Treatments
Description:
Gateway treatments are decorative entrances indicating transition from one area to another. Pavement
treatments involve decorative pavement in the form of different colors and textures.
Primary Purpose:
Visually alert the driver that they are entering a new area, such as a residential area from an arterial
road. Gateway treatments can include signs, decorative walls, arches, pillars, hedgerows, etc.
Pavement treatments can include colored concrete, stamped concrete, or bricks.
Advantages:
• Versatile and easily individualized for each specific neighborhood
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• Aesthetically pleasing
• Easy to implement with active traffic calming devices
Disadvantages:
• Limited utility in speed reduction
• Maintenance and replacement costs can be costly and difficult to address
Other Considerations:
Gateway treatments should not obscure proper sight distance, therefore making the intersection less
safe. Structures are not permitted in the public right-of-way.
Increased Patrolling and Target Enforcement
Description:
Police can intensify coverage for an area of concern, most commonly to enforce speed limits and stop
signs.
Primary Purpose:
Increase the awareness to the traveling public of law enforcement and to encourage them to obey
traffic laws.
Advantages:
• Citizens perceive as achieving results with an increased police presence
• Decrease in traffic violations in the general area
Disadvantages:
• Police generally do not have the staff to regularly patrol most residential areas
• Time that police officers spend patrolling for traffic violators is not directly spent in reducing
violent crime
• Many residential roads have insufficient geometric alignment for radar enforcement
• Increasing patrols and enforcement only reduces speeds in the general area during the period of
intensified attention. Once the intensity subsides, the traffic violators typically return to their
previous habits.
• Enforcement applies to all residents in violation
Other Considerations:
If heavy truck traffic is an issue, citizens can request that the road be added to the truck route
prohibition list.
Neighborhood Safety and Awareness Program (Neighborhood Watch)
Description:
Teach techniques motorists, pedestrians, and parents can use to help address speeding issues, and
increase awareness of their driving habits. Unique programs can be developed for specific cases, such
as crime awareness or parking enforcement.
Primary Purpose:
Increase the awareness and activity of the neighborhood. Frequently, it is members of the
neighborhood who are the most flagrantly violating traffic ordinances (i.e. stops signs or the speed
limit).
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Advantages:
• Involves the neighborhood actively and regularly in the solution
• Easily combines with other traffic calming techniques
Disadvantages:
• Citizens do not always perceive neighborhood watch programs as effective traffic calming
techniques
• Program effectiveness is proportional to the level of neighborhood association involvement
Right -of -Way Clearing
Description:
Clearing of brush, limbing trees, trimming shrubs or other objects in the right-of-way that obscure
signs or sight distance either along roadways or at intersections can improve safety.
Primary Purpose:
Maintain minimum sight distances along roadways. Sight distances over a certain length may increase
the traveling speed of along a roadway, but sight distances below the minimum may adversely affect
safety. Clearing the right-of-way does not assist in traffic calming, but does assist in improving safety.
Advantages:
• Potential quick turn -around on a request for the clearing of the right-of-way
• City program is already in place to trim trees and clear the right-of-way
• Improve safety of intersections and roadways by providing ample view of signs and improving
sight distances
Other Considerations:
The City of Milton encourages Homeowners Associations to keep the right of ways clear. Right of way
clearing performed by City work crews is done without regard for existing landscaping or vegetation.
Active Measures
The primary purposes of active traffic calming devices are to reduce the speed of traffic, improve bike
and pedestrian safety, and raise awareness of traffic problems in a residential area. These methods are
more expensive than passive devices because they often affect the geometry of the roadway, which
requires extensive construction and maintenance. Active traffic calming devices include speed humps,
traffic circles, and splitters.
General advantages of active traffic calming devices:
• Effective at solving specific traffic issues, especially speeding
• Raises awareness of drivers to speeding problems
General disadvantages of active traffic calming devices:
• May pose restrictions for bicycle traffic
• May negatively impact transit or emergency services
• Higher cost than passive traffic calming measures
Standard Speed Humps
Description:
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The standard speed hump is a 22 -foot long, four to six inch high, and constructed of asphalt or
concrete, extending the entire width of the roadway which causes vertical displacement of the vehicle.
The hump consists of two 6 foot long ramps flanking a 10 foot flat section. Humps can be colored
and/or textured to add aesthetic appeal.
Primary Purpose:
Reduce vehicle speeds by providing vertical displacement of the vehicle that result in a jolt if the
vehicle's speed is too high.
Advantages:
• Reduces vehicle speeds - encouraging 25 mph vehicle speeds
• Pose no restrictions for bicycles
• Do not affect intersection capacity or operation
Disadvantages:
• Potentially increase traffic noise from braking and acceleration of vehicles, particularly buses
and trucks
Transit Service Impacts:
22 -foot speed humps create a minor impact to transit scheduling.
Emergency Services Impacts:
When speed hump designs are selected for any street, one should consider whether it is used as a
primary response route. Minor impacts to response time may occur.
Other Considerations:
Speed humps should not be considered on grades of eight percent or greater.
Intersection Hump
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Intersection Humps
Description:
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Similar to the speed hump, the intersection hump slopes are all straight lines and are typically
constructed out of concrete with a surface treatment or patterning. The top of the intersection hump is
flat, and the one pictured above extends beyond the boundary of the intersection providing a spot
close to the curb for pedestrians to safely cross. The structure does not extend into the gutter areas for
necessary drainage concerns.
Primary Purpose:
Reduce vehicle speeds at intersections by providing vertical displacement of the vehicle that result in
a jolt if the vehicles speed is too high. They may also provide a place for pedestrians to safely navigate
the intersection. At an intersection where an all -way stop is unwarranted, an intersection hump forces
motorists to navigate the intersection more slowly, making them more likely to yield the right-of-way
to other motorists and pedestrians.
Advantages:
• Reduce vehicle speeds - encourage 25 mph vehicle speeds
• Pose no restrictions for bicycles
• Increase pedestrian safety by providing a distinct location for drivers to yield right-of-way
• Increase intersection safety by providing a distinct location for drivers to yield right-of-way to
other legs of the intersection
Disadvantages:
• Potentially increase traffic noise from braking and acceleration of vehicles particularly buses and
trucks
• Noise from tires hitting the structure
• Perception from real estate industry that speed tables affect property values negatively.
Advertises "a speeding problem."
Transit Service Impacts:
Intersection humps do not significantly impede transit services.
Emergency Services Impacts:
When intersection hump designs are selected for any street, one should consider whether it is used as
a primary response route. Intersection humps may cause difficulty with the turning radii of large
vehicles.
Other Considerations:
Intersection humps should not be considered on grades of eight percent or greater. Intersection hump
may also pose challenges with surface water management.
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TRAFFIC CIRCLE
Neighborhood Traffic Circles (Roundabouts)
Description:
Traffic circles or roundabouts consist of a landscaped island in the center of the intersection with
appropriate signage and marking. A driver enters a traffic circle by turning right, after yielding to any
traffic coming from the left. All turns from a roadway intersection that has a traffic circle are right in,
right -out.
Primary Purpose:
Reduce speeds through intersections and assist drivers in proper yielding.
Advantages:
• Increase operational safety by reducing the number of conflicting movements
• Reduce speeds in the intersection
• Cannot be ignored like an intersection controlled by stop signs
• May improve intersection capacity and operation
• Accommodates intersections with a wide range of access points (i.e. three to five way
intersections) and can include driveways in the intersection
Disadvantages:
• Provides a potential obstruction for collision
• Maintenance costs increase over all -way stop due to increased landscaping and/or pavement
Transit Service Impacts:
Traffic circles can be designed such that buses can navigate left turns by going the wrong way through
a traffic circle. On roads with high average daily traffic that would make such maneuvers infeasible,
traffic circles should be designed large enough for buses to navigate.
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Emergency Services Impacts:
Traffic circles can be designed such that emergency service vehicles can navigate left turns by going
the wrong way through a traffic circle. On roads with high average daily traffic that would make such
maneuvers infeasible, traffic circles should be designed large enough for emergency service vehicles to
navigate.
Other Considerations:
• Driveways can directly access the traffic circle.
• Installation of a traffic circle typically requires modifying the existing corners. While this work can
typically be done within the right of way, it impacts perceived property.
• Visibility of the device should be optimized through the use of raised pavement markers, striping,
and signs.
SPLITTER
Splitters (short median)
Description:
Splitter islands divert traffic laterally, often narrowing the roadway, while providing one-way flow for
short intervals. Splitters are frequently landscaped for aesthetic appeal. Splitters must maintain a 20ft
wide lane for emergency services
Primary Purpose:
Reduce though traffic speeds.
Advantages:
• Reduce speeds on roadways through lateral deflection and roadway narrowing
• Provide areas for landscaping and improving the aesthetic value of the neighborhood
• Provide locations for safer mid -block pedestrian crossings
• Allowable on grades of eight percent or higher
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Disadvantages:
• Create obstructions for potential collision
• Expensive design that may require right-of-way to be acquired to promote the concept
• Maintenance costs increase due to increased landscaping and/or pavement
Transit Service Impacts:
There is no significant impact to transit services.
Emergency Services Impacts:
There is no significant impact to emergency services.
Other Considerations:
• Driveways with access directly to the splitter are not allowable. If there is hardship in the
placement of splitters due to driveway locations, chicanes could be considered instead.
• Installation of a splitter island requires modifying the adjacent property. While this work can
usually be done within the right of way, it impacts perceived property.
• Visibility of the device should be optimized through the use of raised pavement markers, striping,
and signs.
Chicanes (deflectors)
Description:
Chicanes change the physical characteristics of a roadway section from an existing straight alignment
to a series of horizontal curves, causing horizontal displacement of the vehicle.
Primary Purpose:
Reduce vehicle speeds by providing horizontal deflection and a narrowed vehicle travel path, as well
as potentially reducing sight distance that is too great for desired speed.
CHICANES
Advantages:
• Reduce vehicle speeds with less impact on emergency service vehicles
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• Pose no restrictions for bicycle
• Allowable on grades of eight percent or higher
Disadvantages:
• Existing driveways can limit placement
• Create obstructions for potential collision
• Maintenance costs increase due to increased landscaping and pavement
• May pose challenges with surface water management
Transit Service Impacts:
There is no significant impact to transit services.
Emergency Services Impacts:
There is no significant impact to emergency services.
Other Considerations:
Visibility of the device should be optimized through the use of raised pavement markers, striping, and
signs.
Chokers (neck -downs)
Description:
Chokers narrow a street at an intersection or mid -block by construction of a wider sidewalk,
landscape strip, or gateway treatment. Alternatively, lanes can be reduced to 10' by moving the curb
lines.
Primary Purpose:
Reduce vehicle speeds by providing horizontal deflection and a narrowed vehicle travel path, as well
as potentially reducing sight distance that is too great for desired speed.
Advantages:
• Reduce vehicle speeds with less impact on emergency service vehicles
• Provide shorter pedestrian crossing distances and better motorist -pedestrian visibility
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• Discourage truck traffic
• Allowable on grades of eight percent or higher
Disadvantages:
• Existing driveways can limit placement
• Create obstruction for potential collision
• Potentially impede bicycle safety and mobility
• Maintenance costs increase due to increased landscaping and pavement
• May pose challenges with surface water management
• May result in the loss of curbside parking
Transit Service Impacts:
There is no significant impact to transit services.
Emergency Services Impacts:
There is no significant impact to emergency services.
Other Considerations:
Visibility of the device should be optimized through the use of raised pavement markers, striping, and
signs
ONE-WAY ENTRY AND EXIT
ril
Exit-only/one way entry treatment
Tib
Description:
Similar to a choker, this treatment restricts the intersection such that either entry or exit movements
are allowed, but not both.
Primary Purpose:
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More effectively manage traffic patterns within a neighborhood.
Advantages:
• Reduce the number of conflicting movements in that intersection
• Reduce the need for future installation of traffic signals
• Restrict vehicular access while retaining bicycle and pedestrian access
• Provide safer areas for pedestrians to cross the intersection
• Do not create dead-end streets, making routes more direct, compared to road closures
• Reduce motorist speeds
• Alternative to a one-way street designation that allows residents within the block to continue to
use the street for two-way travel
Disadvantages:
• May relocate traffic to other locations where the desired movement opportunities exist
• May inconvenience local residents who may be forced to drive longer, more circuitous routes to
reach their destination
• Maintenance costs increase due to increased landscaping and/or pavement
• Easy to violate because they only block half the intersection
Transit Service Impacts:
To minimize the negative effect transit routes should be planned to accommodate barriers. However,
they should not be placed at any location where transit service performs a relevant turning movement.
Emergency Services Impacts:
There is no significant impact to emergency services.
Other Considerations:
These treatments should be planned considering the impact on overall traffic patterns in the area.
Storm water drainage can be a significant consideration.
Curb extensions
CURB EXTENSIONS
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Description:
Curb extensions narrow the roadway to make pedestrian crossing faster and safer. They can be
installed either at intersections or mid -block.
Primary Purpose:
Improve pedestrian safety by reducing the street crossing distance and increasing sight distance. Curb
extensions are similar to chokers (neck -downs) and chicanes, but their primary purposes differ.
Advantages:
• Reduce pedestrian crossing distance and time
• Make pedestrian crossing points more visible to drivers
• Prevent vehicles from passing other vehicles that are turning at an intersection
• Provide transition from a through lane to on street parking, dependant upon road width
• Visually enhance the street through landscaping or textured treatment
Disadvantages:
• May reduce the amount of on -street parking
• Makes accommodating full bicycle lanes difficult
Transit Service Impacts:
Enhance service by moving the curb so riders step directly between the sidewalk and bus door.
Emergency Services Impacts:
There is no significant impact to emergency services.
MODIFIED INTERSECTION
Modified intersections
Description:
Barriers that restrict movement may be located at problem intersections. Pictured above is a right -in,
right -out intersection that restricts all left turn movements to and from the minor road. Other
27
possibilities include increasing or decreasing the curb radii to encourage different turning speeds at
the intersection.
Primary Purpose:
Control traffic flow though neighborhoods.
Advantages:
• Improve safety by reducing the number of conflicting movements in that intersection
• Reduce local street volumes
• Reduce the need for future traffic control
• Restrict vehicular access while retaining bicycle and pedestrian access
• Provide safer areas for pedestrians to cross the intersection
• Reduce the speeds at intersections
Disadvantages:
• May relocate traffic to other locations where turning opportunities exist
• May inconvenience local residents who are forced to drive longer, more circuitous routes to reach
their destination
• Maintenance costs increase due to increased landscaping and/or pavement
Transit Service Impacts:
To minimize the negative effect, transit routes should be planned to accommodate modified
intersections. They should not be placed at any location where transit service performs a relevant
turning movement.
Emergency Services Impacts:
Even though these barriers would restrict turns for emergency vehicles, they can be designed and
installed to provide for emergency access. If desired, the modification can be constructed with
breakaway posts and striping, which would allow emergency services while strongly discouraging
the target movements.
Other Considerations:
Striping is eashy violated.
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MEDIAN BARRIER
Median Barriers
Description:
Provide a physical barrier on the major street at an intersection that can effectively eliminate left turns
from the major street onto the minor street as well as eliminate minor street straight -through traffic
and left turn traffic across the major street. Median barriers usually consist of a concrete curbed island
with a decorative landscaping and/or surface treatment.
Primary Purpose:
Restrict traffic flow
Advantages:
• Improve safety by reducing the number of conflicting movements in that intersection
• Reduce local street volumes
• Negate the need for future traffic signals
• Restrict vehicular access while retaining bicycle and pedestrian access
• Provide safer areas for pedestrians to cross the intersection
Disadvantages:
• May relocate traffic to other locations where left -turn opportunities exist
• May inconvenience local residents who may be forced to drive longer, more circuitous routes to
reach their destination
• Maintenance costs increase due to increased landscaping and/or pavement
Transit Service Impacts:
To minimize the negative effect, transit routes should be planned to accommodate median barriers.
They should not be placed at any location where transit service performs a relevant turning
movement.
Emergency Services Impacts:
Even though median barriers would restrict turns for emergency vehicles, they can be designed and
installed to provide for emergency access. If desired, the median can be constructed with breakaway
29
posts and striping or roll back/mountable curbing, which would allow emergency services while
strongly discouraging left turns.
Other Considerations:
A full median with no breaks can also be used to prohibit all left turns.
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Appendix B - Sample Petition Letter and Forms
Two sample petitions follow. The first is an example of a single sheet per property design which could
be included in a Home Owner's Association newsletter or passed out by volunteers. The second is a
petition form that includes multiple signatures and could be carried around by volunteers or kept in a
central location. Either form, or reasonable variations of either, is acceptable. Neighborhoods have had
success with multiple distribution methods, and Community Services staff is available to offer advice
and suggestions.
Regardless of exact format, all petitions must have certain features. Most importantly, the property
owner(s) must clearly indicate they are in favor of traffic calming devices on the neighborhood streets.
The street address of the property should be indicated, along with printed name(s) of the owner.
Please note that all listed property owners must sign the petition or a 'no' vote will be recorded for the
property.
Submitted petitions should include a cover letter from the HOA Board, neighborhood president, or
other responsible party attesting that all signatures are correct and valid to the best of their
knowledge. The letter should also specify that the petition supports the type of and number of traffic
calming devices proposed by Community Services staff as the suggested solutions.
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City of Milton Department of Community Services
C/o Traffic Calming Program
13000 Deerfield Parkway, Suite 107C
Milton, Georgia 3004
678.242.2500
PETITION FOR TRAFFIC CALMING
I, the undersigned, being the owner of real property located at
in the City of Milton, in the
neighborhood, do hereby petition for the installation of
for purposes of improving the safety of the neighborhood streets for all users of the roadways.
I do hereby pledge and consent to the installation of traffic calming devices on the roadways adjacent to my property and
in the neighborhood that are constructed within the public right-of-way and conform to the design and safety standards
for such devices as determined by City of Milton Community Services Department.
Print Name (First, Last)
Signature Date
Print Name (First, Last)
Signature
Date
PETITION FOR TRAFFIC CALMING
We, the undersigned, do hereby record our preference on the installation of traffic
calming devices adjacent to our property and in our neighborhood, which would be constructed within the public right-
of-way and conform to the design and safety standards for such devices as determined by City of Milton Community
Services Department.
Printed Name Signature Property Street Address Ye rho Date
Neighborhood:
Page of
Related OCGA code sections:
1. Acquisition of rights of way
(a) Acquisition of rights of way for public roads on the state highway system located within the corporate limits of a
municipality shall be made in compliance with subsection (e) of Code Section 32-3-3 and Code Section 32-5-25.
2. New streets and abandoned streets
(a) A municipality shall plan, designate, improve, manage, control, construct, and maintain an adequate municipal
street system and shall have control of and responsibility for all construction, maintenance, or other work related to the
municipal street system. Such work may be accomplished through the use of municipal forces, including inmate labor, by
contract as authorized in paragraph (1) of subsection (a) of Code Section 32-4-92, or otherwise as permitted by law.
(b) A municipality shall notify the department within three months after a municipal street is added to the municipal
street system and shall further notify the department within three months after a municipal street is abandoned. This
notification shall be accompanied by a map or plat depicting the location of the new or abandoned street.
3. Rights and Responsibilities of a Municipality as a Property Owner
(a) The powers of a municipality with respect to its municipal street system, unless otherwise expressly limited by law,
shall include but not be limited to the following:
(1) Subject to the limitations of subparagraph (d)(1)(A) of Code Section 32-2-61, a municipality has the authority to
contract with any person, the federal government or its agencies, the state or its agencies, other municipalities, a county in
which the municipality lies, or any combination of the foregoing entities for the construction, reconstruction, or
maintenance of any public road located within the municipality;
(2) A municipality may accept and use federal and state funds for municipal street purposes and do all things necessary,
proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal -aid acts and
programs. Nothing in this title is intended to conflict with any such federal -aid law and, in case of such conflict, such
portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;
(3) A municipality may acquire, manage, and dispose of real property or any interests therein for public roads on its
municipal street system under the procedures provided in Article 1 of Chapter 3 of this title and in Chapter 7 of this title.
In acquiring property for rights of way for federal -aid highway projects on its system, the municipality shall comply with
the requirements of the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policy
Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17, and in
general be guided by the policies applicable to the department as set forth in Code Section 32-8-1. For good cause shown,
a municipality, at any time after commencement of condemnation proceedings and prior to final judgment therein, may
dismiss its condemnation action, provided that (A) the condemnation proceedings have not been instituted under Article
1 of Chapter 3 of this title and (B) the condemnor has first paid to the condemnee all expenses and damages accrued to the
condemnee up to the date of the filing of the motion for dismissal of the condemnation action;
(4) Subject to the requirements of Part 2 of this article, a municipality may purchase, borrow, rent, lease, control,
manage, receive, and make payment for all personal property such as equipment, machinery, vehicles, supplies, material,
and furniture which may be needed in the operation of the municipal street system and may sell or otherwise dispose of
all personal property owned by the municipality and used in the operation of said municipal street system which is no
longer necessary or useful in connection with the operation of said system; and it may execute such instruments as may
be necessary in connection with the exercise of the foregoing powers in this paragraph;
(5) A municipality and its authorized agents and employees shall have the authority to enter upon any lands in the
municipality for the purpose of making such surveys, soundings, drillings, and examinations as the municipality may
deem necessary or desirable to accomplish the purposes of this title; and such entry shall not be deemed a trespass, nor
shall it be deemed an entry which would constitute a taking in a condemnation proceeding. However, reasonable notice
shall be given the owner or occupant of the property to be entered; such entry shall be done in a reasonable manner with
as little inconvenience as possible to the owner or occupant of the property; and the municipality shall make
reimbursement for any actual damages resulting from such entry;
(6) A municipality may employ, discharge, promote, set and pay the salaries and compensation of its personnel, and
determine the duties, qualifications, and working conditions for all persons whose services are needed in the
construction, maintenance, administration, operation, and development of its municipal street system; and may employ
or contract as independent contractors with such engineers, surveyors, attorneys, consultants, and all other employees
whose services may be required, subject to the limitations of existing law;
(7) Except as otherwise provided by Code Section 12-6-24, a municipality may regulate and control the use of the public
roads on its municipal street system and on portions of the county road systems extending within the corporate limits of
the municipality. Any municipality may regulate the parking of vehicles on any such roads in order to facilitate the flow
of traffic and to this end may require and place parking meters on or immediately adjacent to any or all of such roads for
the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A
municipality also may place such parking meters on or adjacent to any public road on the state highway system located
within the corporate limits of the municipality when authorized by the department pursuant to Code Section 32-6-2;
(8) A municipality may purchase supplies for municipal street system purposes through the state, as authorized by
Code Sections 50-5-100 through 50-5-102;
(9) A municipality may provide lighting and maintenance thereof on any public road located within its limits;
(10) A municipality may grant permits and establish reasonable regulations for the installation, construction,
maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other
signals, and other equipment, facilities, or appliances of any utility in, on, along, over, or under any part of its municipal
street system and of a county road system lying within its municipal limits. However, such regulations shall not be more
restrictive with respect to utilities affected thereby than are equivalent regulations promulgated by the department with
respect to utilities on the state highway system under authority of Code Section 32-6-174. As a condition precedent to the
granting of such permits, the municipality may require application in writing specifically describing the nature, extent,
and location of the portion of the utility affected. The municipality may also require the applicant to furnish an indemnity
bond or other acceptable security conditioned to pay for any damage to any part of a public road or to any member of the
public caused by the work of the utility performed under authority of such permit. However, it shall be the duty of the
municipality to ensure that the normal operation of the utility does not interfere with the use of any portion of the
municipal street system or of a municipal extension of a county public road. The municipality may also order the removal
and relocation of the utility, equipment, facilities, or appliances where such removal and relocation is made necessary by
the construction and maintenance of any part of the municipal street system or municipal extension of a county public
road. In so ordering the removal and relocation of a utility or in performing such work itself, the municipality shall
conform to the procedure set forth for the department in Code Sections 32-6-171 and 32-6-173, except that when the
removal and relocation have been performed by the municipality, it shall certify the expenses thereof for collection to its
city attorney; and
(a) A municipality may provide for surveys, maps, specifications, and other things necessary in supervising, locating,
abandoning, relocating, improving, constructing, or maintaining the municipal street system, or any part thereof, or any
activities incident thereto or necessary in doing such other work on public roads as the municipality may be given
responsibility for or control of by law.
(b) In addition to the powers specifically delegated to it in this title, a municipality shall have the authority to perform all
acts which are necessary, proper, or incidental to the efficient operation and development of the municipal street system;
and this title shall be liberally construed to that end. Any such power vested by law in a municipality, but not
implemented by specific provisions for the exercise thereof, may be executed and carried out by a municipality in a
reasonable manner pursuant to such rules, regulations, and procedures as a municipality may adopt and subject to such
limitations as may be provided by law.
4. Liability of municipalities for defects in public roads
(a) A municipality is relieved of any and all liability resulting from or occasioned by defects in the public roads of its
municipal street system when it has not been negligent in constructing or maintaining the same or when it has no actual
notice thereof or when such defect has not existed for a sufficient length of time for notice thereof to be inferred.
(b) A municipality is relieved of any and all liability resulting from or occasioned by defective construction of those
portions of the state highway system or county road system lying within its corporate limits or resulting from the failure
of the department or the county to maintain such roads as required by law unless the municipality constructed or agreed
to perform the necessary maintenance of such road.
5. Obstructing, encroaching on, or injuring public roads; leasing of property by department
(a) It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure
materially any part of any public road. For purposes of this Code section, the term "obstruct" shall include without
limitation the causing of any buildup of rock, gravel, mud, dirt, chemicals, or other materials by continued ingress or
egress of vehicles or of any natural waters dammed or redirected by diversion to an extent which presents a hazard to the
traveling public.
(b) Any person who unlawfully obstructs, encroaches upon, or injures said public road shall be responsible for
reimbursing the Department of Transportation or the applicable local governing authority in the case of a road which is
part of a county road system or municipal street system for the costs of removal of said obstructions or encroachments
and the costs of repairs to the public road incurred by such department or local governing authority, including any costs
associated with traffic management; provided, however, that such costs shall be limited to those costs which are directly
incurred from such damages. Costs incurred for traffic management may include, but not be limited to, costs incurred for
flagging, signing, or provision of detours, provided that these activities are directly caused by the obstruction,
encroachment, or injury to the public road system. The court may, in addition to any other sentence authorized by law,
order a person convicted of violating this Code section to make such restitution for the offense.
(c) Nothing in this Code section shall abridge or limit any authority provided by law for the installation and operation of
vending machines at welcome centers, tourist centers, and safety rest areas. Nothing in this Code section shall limit in any
way the department's authority to lease property to state or federal agencies, counties, or municipalities as provided for in
Code Section 32-7-5, or limit the Department of Transportation's ability to grant a license to any utility or railroad
corporation as defined in Code Section 46-1-1.
6. Authority of department, counties, and municipalities to regulate parking; parking vehicles or leaving vehicles
unattended on right of way of public road on state highway system. Notwithstanding Code Section 40-6-200 and Code
Sections 40-6-202 through 40-6-204:
(1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state
highway system, including extensions thereof into or through municipalities. Whenever any state or local law
enforcement officer finds a vehicle parked in violation of law or the department's regulations, such officer or employee is
authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the
vehicle is unattended, such officer is authorized to remove or provide for the removal of such vehicle to the nearest
garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are
further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or
personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department
determines to be a threat to public health or safety or to mitigate traffic congestion;
(2) A county may regulate and control the parking of vehicles on the county road system and to this end the county may
place parking meters on or immediately adjacent to any or all such roads, except extensions into a municipality, for the
purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A county
may also place such parking meters on or adjacent to any public road on the state highway system located within the
county and outside the corporate limits of a municipality when authorized by the department pursuant to paragraph (1)
of this Code section;
(3) A municipality may regulate and control the parking of vehicles on its municipal street system and on extensions of
a county road system within its corporate limits and to this end may place parking meters on or immediately adjacent to
any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge
for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state
highway system located within the corporate limits of the municipality when authorized by the department pursuant to
paragraph (1) of this Code section; and
(4) It shall be unlawful for any person to park or leave unattended any vehicle upon the right of way of any public road
on the state highway system for over 48 hours.
7. Uniform regulations governing erection and maintenance of traffic -control devices; placement, removal, defacement,
damaging, or sale of devices
(a) The department shall promulgate uniform regulations governing the erection and maintenance on the public roads
of Georgia of signs, signals, markings, or other traffic -control devices, such uniform regulations to supplement and be
consistent with the laws of this state. Insofar as practical, with due regard to the needs of the public roads of Georgia,
such uniform regulations shall conform to the recommended regulations as approved by the American Association of
State Highway and Transportation Officials.
(b) In conformity with its uniform regulations, the department shall place and maintain, or cause to be placed and
maintained, such traffic -control devices upon the public roads of the state highway system as it shall deem necessary to
regulate, warn, or guide traffic, except that the department shall place and maintain a sign for each railroad crossing at
grade on the state highway system, warning motorists of such crossing, provided that each railroad company shall also
erect and maintain a railroad cross buck sign on its right of way at every such crossing. The department may remove or
direct removal of all traffic -control devices and signs which are erected on the state highway system by any governing
authority without the permission of the department.
(c) In conformity with the uniform regulations of the department:
(1) Counties and municipalities shall place and maintain upon the public roads of their respective public road systems
such traffic -control devices as are necessary to regulate, warn, or guide traffic except that counties and municipalities also
shall erect and maintain a sign for each railroad crossing at grade on their respective county road or municipal street
systems, warning motorists of such crossing. Furthermore, each railroad company shall erect and maintain a railroad
cross buck sign on its right of way at all such crossings; and
(2) Counties, on their respective road systems, shall place and maintain on each county road which is authorized as a
designated local truck route, pursuant to official resolution of the county and approval of the commissioner, at each
intersection of such road with a state highway signs identifying such county road as a designated local truck route and
giving notice of the maximum weight limits for such designated local truck route in accordance with subsection (f) of
Code Section 32-6-26.
(d) It shall be unlawful for any person to remove, deface, or damage in any way any official traffic -control device lawfully
erected or maintained pursuant to this Code section or any other law.
(e) No person, firm, corporation, or other entity shall offer for sale any sign, signal, marking, or other device intended to
regulate, warn, or guide traffic upon the public roads of this state, unless it conforms with the uniform regulations
promulgated under subsection (a) of this Code section. Any person, firm, corporation, or other entity who sells any sign,
signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state in violation
of this Code section shall make restitution to the purchaser in an amount equal to the entire sum, plus interest, originally
paid for the sign, signal, marking, or other device. Any person, firm, corporation, or other entity who knowingly sells any
sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state in
violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
7. Erection, placement, or maintenance of unlawful or unauthorized structure; removal thereof; penalty for violation
(a) (1) It shall be unlawful for any person to erect, place, or maintain within the dedicated right of way of any public
road any sign, signal, or other device except as authorized by this subsection or subsection (d) of this Code section or as
required or authorized by Code Section 32-6-50 or any other law.
(2) The erection, placement, and maintenance of signs within the dedicated rights of way of county roads or municipal
streets may be authorized and governed by ordinances adopted by governing authorities of counties and municipalities
having jurisdiction over such roads or streets, which ordinances as to such dedicated rights of way of county roads or
municipal streets may be as or less restrictive than the provisions of paragraph (1) of this subsection.
(b) It shall be unlawful for any person to erect, place, or maintain in a place or position visible from any public road any
unauthorized sign, signal, device, or other structure which:
(1) Imitates, resembles, or purports to be an official traffic -control device;
(2) Hides from view or interferes with the effectiveness of any official traffic -control device;
(3) Obstructs a clear view from any public road to any other portion of such public road, to intersecting or adjoining
public roads, or to property abutting such public road in such a manner as to constitute a hazard to traffic on such roads;
or
(4) Because of its nature, construction, or operation, constitutes a dangerous distraction to or interferes with the vision of
drivers of motor vehicles.
(c) Any sign, signal, device, or other structure erected, placed, or maintained on the dedicated right of way of any public
road in violation of subsection (a) or (b) of this Code section or in violation of any ordinance adopted pursuant to
subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public
road affected may remove or direct the removal of the same. Where any sign, signal, device, or other structure is erected,
placed, or maintained in violation of subsection (b) of this Code section, but not on the dedicated right of way of any
public road, the officials having jurisdiction of the public road affected may order the removal of such structure by
written notice to the owner of the structure or the owner of the land on which the structure is located. If such structure is
not removed within 30 days after the giving of such order of removal, such officials are authorized to remove or cause to
be removed such structure and to submit a statement of expenses incurred in the removal to the owner of the structure or
to the owner of the land on which the structure is located. If payment or arrangement to make payment is not made
within 60 days after the receipt of said statement, the department shall certify the amount thereof for collection to the
Attorney General.
(d) (1) As used in this subsection, the term:
(A) 'Bus shelter" means a shelter or bench located at bus stops for the convenience of passengers of public
transportation systems owned and operated by governmental units or public authorities or located on county or
municipality rights of way for the convenience of residents.
(B) "Commercial advertisements" means any printed or painted signs on a bus shelter for which space has been rented
or leased from the owner of such shelter.
(2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the
rights of way of public roads subject to the following conditions and requirements:
(A) Any public transit system wishing to erect and maintain a bus shelter on the right of way of a state road shall
apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the
bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval
is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the
federal -aid system. This paragraph shall entitle only public transit systems or their designated agents the right to be
issued permits under this paragraph;
(B) If the bus shelter is to be located on the right of way of a public road other than a state road within a county or
5
municipality, application for permission to erect and maintain such shelter shall be made to the respective county or
municipality. Such application shall conform to the county's and municipality's regulations governing the erection and
maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the
applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such
transit agency or authority and subject to the approval of such agency or authority; and
(C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a state road, the
department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum
setback requirements as follows:
(i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to
any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or
(ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main
traveled roadway.
(3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this
subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the
consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public
safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or
the governing authority of the respective county or municipality. In every case of removal of a bus shelter as a hazard to
public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its
removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public
nuisance, if such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order
of removal by the department or the governing authority of the respective county or municipality, the department or the
governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a
statement of expenses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for
removal of a shelter on a state road, if payment or arrangement to make payment is not made within 60 days after the
receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection.
(4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way
of a public road or who places such shelter on a public road other than a state road shall at all times assume all risks for
the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or
municipality against all losses or damages resulting solely from the existence of the bus shelter.
(5) Permits for shelters on state roads shall be issued under this subsection only to cities, counties, or public
transportation authorities owning or operating public transportation systems or their designated agents.
(e) Each sign erected, placed, or maintained in violation of paragraph (1) of subsection (a) of this Code section shall
constitute a separate offense.
(f) Any person who violates paragraph (1) of subsection (a) of this Code section shall be punished the same as for littering
under Code Section 16-7-43. Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.
8 Department recommendation as to approval or rejection of plat submitted by planning commission
A planning commission shall submit two copies of the proposed subdivision plat to the department if such proposed
subdivision includes or abuts on any part of the state highway system or where the proposed subdivision requires access
to the state highway system. The department, within 30 days of receipt of the plat, shall recommend approval and note its
recommendation on the copy to be returned to the planning commission or recommend rejection. Failure of the
department to act within this 30 day period shall constitute approval. If the plat is recommended for rejection, the reasons
for rejection and requirements for approval shall be given the commission in writing; such rejection shall be binding on
the planning commission unless the planning commission, by official action recorded in its minutes, overrules such
department action.
Where the department is required to make recommendations to a planning commission under Code Section 32-6-151 or
to approve a proposed plat under Code Section 32-6-152, the department, in addition to considering other factors, shall
base its recommendation or approval on the following being provided for in the plat:
(1) Dedication to the department in fee simple of any portion of the subdivision which includes any part of the state
highway system, such dedication to include land necessary for future widening of the state highway system; and
(2) An adequate provision for traffic safety in laying out public roads, drives, driveways, or access ways which enter the .
state highway system.
9. Payment by Department of Transportation of costs of removal and relocation of utility facilities necessitated by
construction of public roads
(a) The department is authorized to pay or participate in the payment of the costs of removing and relocating any of the
following facilities or any component part thereof if they are owned by a municipal corporation, county, state agency, or
by an authority created under the laws of Georgia pertaining to public utilities, without regard to whether such facilities
were originally installed upon rights of way of the state highway system or a county road system or a municipal street
system, where such removal and relocation is made necessary by the construction or maintenance of any public road by
the department: water distribution and sanitary sewer facilities and systems for producing, transmitting, or distributing
communications, power, electricity, light, heat, gas, steam, waste, and storm water not connected with highway drainage,
including fire and police signals, traffic -control devices, and street lighting systems.
(b) As to municipal corporations, counties, state agencies, and authorities controlled by such municipal corporations,
counties, or other state agencies, the department is authorized to waive provisions in existing permits and agreements in
conflict with this article.
(c) The costs of removing and relocating the facilities listed in subsection (a) of this Code section, which costs the
department is authorized to pay or participate in by this Code section, shall be limited to the costs of removing and
relocating those facilities which are physically in place and in conflict with proposed construction and, where
replacement is necessary, to the costs of replacement in kind. That proportion of the costs representing improvement or
betterment in a facility shall be excluded from the costs eligible for payment or participation by the department under this
Code section, except to the extent that such improvement or betterment is made necessary by the public road construction
or maintenance.
(d) All costs incurred by the department under this Code section shall be deemed to be a part of the costs of the project
requiring removal and relocation of any of the facilities listed in subsection (a) of this Code section.
10.. Authority of department to order removal and relocation of utility facilities; giving notice to utility; procedure by
department upon failure of utility to remove facility
(a) Any utility using or occupying any part of a public road which the department has undertaken to improve or intends
to improve shall remove and relocate its facility when, in the reasonable opinion of the department, the facility constitutes
an obstruction or interference with the use or safe operation of such road by the traveling public or when, in the
reasonable opinion of the department, the facility will interfere with such contemplated construction or maintenance.
(b) Whenever the department reasonably determines it necessary to have a utility facility removed and relocated, the
department shall give to the utility at least 60 days' written notice directing the removal and relocation of such utility
obstruction. If the utility does not thereafter begin removal within a reasonable time sufficient to allow for engineering
and other procedures reasonably necessary to the removal and relocation of the utility facility, the department may give
the utility a final notice directing that such removal shall commence not later than ten days from the receipt of such final
notice. If such utility does not, within ten days from receipt of such final notice, begin to remove or relocate the facility or,
having so begun removal or relocation, thereafter fails to complete the removal or relocation within a reasonable time, the
department may remove or relocate the same with its own employees or by employing or contracting for the necessary
engineering, labor, tools, equipment, supervision, or other necessary services or materials and whatever else is necessary
to accomplish the removal or relocation; and the expenses of such removal or relocation may be paid and collected as
provided in Code Section 32-6-173.
11. Authority of department to obtain replacement right of way for relocated utility
(a) Whenever a public road improvement necessitates the acquisition by the department of a utility's privately owned
rights of way and the relocation of such utility's facilities, the department may, with the written consent of the utility,
provide a replacement right of way.
(b) Whenever a public road improvement requires the relocation of a utility occupying public road rights of way, the
department may, at the written request of such utility, provide to the utility a right of way which is not on a public road
right of way. In this event, the utility shall reimburse the department for the acquisition costs.
(c) Title to property acquired for utility relocations under subsection (a) or (b) of this Code section and as authorized by
Code Section 32-3-1 may be transferred to such utility as authorized in Code Section 32-7-3. However, the procedures for
sale of property as set forth in Code Section 32-7-4 shall not be applicable to the transfer of property acquired for utility
relocation. Any such property transfer to the utility shall be conveyed by the execution of a quitclaim deed by the
commissioner.
12. Payment of expenses of removal and relocation of utility facilities
The expenses incurred by the department as a result of utility removal and relocation pursuant to subsection (b) of Code
Section 32-6-171, including the cost of acquiring new land or interests therein pursuant to subsection (b) of Code Section
32-6-172, shall be paid out of the available appropriations of the department for the construction or maintenance of public
roads. A statement of such expenses shall be submitted to the utility, which shall make payment to the department. In the
event the utility does not make payment or arrange to make payment to the department within 60 days after the receipt of
said statement, the department shall certify the amount for collection to the Attorney General. However, nothing in this
Code section shall restrict the authority of the department pursuant to Code Section 32-6-170 to pay any or all of the
expenses of removal and relocation of government owned utilities; and, furthermore, nothing in this article shall be
construed so as to deprive any utility, relocated from a location in which it owned a property interest, of compensation
for such property interest.
13. Authority of department, counties, and municipalities to substitute for, relocate, or abandon public roads
Whenever deemed in the public interest, the department or a county or a municipality may substitute for, relocate, or
abandon any public road that is under its respective jurisdiction, provided that a county or municipality shall first obtain
the approval of the department if any expenditure of federal or state funds is required.
14. Procedure for abandonment
(a) (1) Before abandoning any public road on the state highway system, the department shall confer with the governing
authority of the counties or municipalities concerned and give due consideration to their wishes in such abandonment;
but in case of disagreement the judgment of the department shall prevail.
(2) When it is determined that a section of the state highway system has for any reason ceased to be used by the public
to the extent that no substantial public purpose is served by it and after having conferred with the counties and
municipalities, the department, by certification signed by the commissioner and accompanied by a plat or sketch, may
declare that section of the state highway system abandoned. Thereafter, that section of road shall no longer be a part of
the state highway system and the rights of the public in and to the section of road as a public road shall cease.
(3) Prior to certifying the abandonment of a road or section thereof, the department shall give notice of its intentions to
the counties or municipalities through which such road passes.
(4) If such county or municipality, by proper resolution, indicates its willingness and desire to take over the road that is
proposed to be abandoned and to maintain such road, the certificate of abandonment shall so state; and thereafter the
abandoned road shall form part of the county road or municipal street system of the particular county or municipality.
Whenever the department abandons a road and a county or a municipality takes over the road, the department shall
convey, by quitclaim deed executed by the commissioner, such road to the county or municipality. If the appropriate
county or municipality is unwilling to take over the road and maintain it, the property may be disposed of by the
department as provided in Code Section 32-7-4, provided that, if the county or municipality has not indicated its desire to
take over the road within 30 days after receiving notice, it shall be conclusively presumed that the county or municipality
is unwilling to take over the road; and provided, further, that before the department disposes of the abandoned road it
shall give 15 days' notice to the county or municipality, during which time such county or municipality may reconsider its
decision and take over the road.
(b) (1) When it is determined that a section of the county road system has for any reason ceased to be used by the public to
the extent that no substantial public purpose is served by it, the county, by certification recorded in its minutes,
accompanied by a plat or sketch, and, after notice to property owners located thereon, after notice of such determination
is published in the newspaper in which the sheriff s advertisements for the county are published once a week for a period
of two weeks, and after a public hearing on such issue, may declare that section of the county road system abandoned.
Thereafter, that section of road shall no longer be part of the county road system and the rights of the public in and to the
section of road as a public road shall cease.
(2) Prior to certifying the abandonment of a road or section thereof, the county shall give notice of its intention to the
municipality into which or through which any part of such road passes.
(3) If such municipality, by proper resolution, indicates its willingness and desire to take over the road that is proposed
to be abandoned and to maintain such road, the certification of abandonment shall so state; and thereafter that part of the
abandoned road within the municipality shall form part of the municipal street system of the particular municipality.
Whenever a county abandons a road and a municipality takes over the road, the county, by quitclaim deed executed by
the chairman or presiding officer, shall convey such road to the municipality. If such municipality is unwilling to take
over the road and maintain it, the property may be disposed of by the county as provided for in Code Section 32-7-4,
provided that, if the municipality has not indicated its desire to take over the road within 30 days after receiving notice, it
shall be conclusively presumed the municipality is unwilling to take over the road; and provided, further, that before the
county disposes of the abandoned road it shall give 15 days' notice to the municipality during which time such
municipality may reconsider its decision and take over the road.
(c) When it is determined that a section of the municipal street system has for any reason ceased to be used by the public
to the extent that no substantial public purpose is served by it, the municipality, by certification recorded in its minutes,
accompanied by a plat or sketch, and after notice to property owners located thereon, may declare that section of the
municipal street system abandoned. Thereafter, that section of road shall no longer be a part of the municipal street
system and the rights of the public in and to that section of street as a public road shall cease. The property may be
disposed of by the municipality as provided in Code Section 32-7-4.
15. Authority of department, counties, and municipalities to dispose of property no longer needed for public road
purposes
Whenever any property has been acquired in any manner by the department, a county, or a municipality for public road
purposes and thereafter the department, county, or municipality determines that all or any part of the property or any
interest therein is no longer needed for such purposes because of changed conditions, the department or the county or
municipality is authorized to dispose of such property or such interest therein in accordance with Code Section 32-7-4.
Any disposition of property acquired for utility relocation, as provided for in Code Section 32-6-172, or on which utilities
are located shall not be subject to Code Section 32-7-4; and no provision of this title shall be construed to prevent the
department from conveying to the federal government land or interests in land acquired for federal parkways in Georgia,
as provided in Article 2 of Chapter 3 of this title.
16. Procedure for disposition of property
(a) (1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality
shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county,
or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title
through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in
writing delivered to the appropriate owner or by publication if his address is unknown; and he shall have the right to
acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary,
shall be in a newspaper of general circulation in the county where the property is located.
(2) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein is being
disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed
upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original
acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county,
or municipality decides the property is no longer needed.
(3) If the right of acquisition is not exercised within 60 days after due notice, the department, county, or municipality
may proceed to sell such property as provided in subsection (b) of this Code section.
(b) (1) (A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made
to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks.
The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to re -
advertise, or to abandon the sale.
(B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will
ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one
week after the first publication. Such advertisement shall include but not be limited to the following items:
(i) A description sufficient to enable the public to identify the property;
(ii) The time and place for submission and opening of sealed bids;
(iii) The right of the department or the county or municipality to reject any one or all of the bids;
(iv) All the conditions of sale; and
(v) Such further information as the department or the county or municipality may deem advisable as in the public
interest.
(2) (A) Such sale of property may be made by a county or municipality by listing the property through a real estate
broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is
located or outside the county if no such business is located in the county where the property is located. Property shall be
listed for a period of at least three months. Such property shall not be sold at less than its fair market value. All sales shall
be approved by the governing authority of the county at a regular meeting and shall be open to the public at which
meeting public comments shall be allowed regarding such sale.
(B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the
county or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county
indicating the names of real estate brokers listing the property for the political subdivision. The county or municipality
may advertise in magazines relating to the sale of real estate or similar publications.
C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such
10
property pursuant to the provisions of paragraph (1) of this subsection.
(3) (A) Such sale of property may be made by a county or municipality to the highest bidder at a public auction
conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair
market value.
(B) The county or municipality shall provide for a notice to be inserted once a week for the two weeks immediately
preceding the auction in the legal organ of the county including, at a minimum, the following items:
(i) A description sufficient to enable the public to identify the property;
(ii) The time and place of the public auction;
(iii) The right of the department or the county or municipality to reject any one or all of the bids;
(iv) All the conditions of sale; and
(v) Such further information as the department or the county or municipality may deem advisable as in the public
interest.
The county or municipality may advertise in magazines relating to the sale of real estate or similar publications.
(C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such
property pursuant to the provisions of paragraph (1) of this subsection.
(c) Any conveyance of property shall require the approval of the department, county, or municipality, by order of the
commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in
the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner,
chairman, or presiding officer may execute a quitclaim deed conveying such property to the purchaser. All proceeds
arising from such sales shall be paid into and constitute a part of the funds of the seller.
17.. Leasing property not needed for public road purposes
(a) In order that any interest in real property acquired for public road or other transportation purposes may be used
most economically, the department, counties, or municipalities, in addition to the authority granted in Code Section 32-7-
3 to dispose of property no longer needed and in subsection (b) of Code Section 32-3-3 to exchange property, may,
notwithstanding Article 2 of Chapter 16 of Title 50, the "State Properties Code," improve, use, maintain, or lease any
interest in property acquired for public road or other transportation purposes that is not presently needed for such
purposes.
(b) If the department, a county, or municipality decides to lease any such property or interest therein, the owner of such
property at the time of its acquisition or his successor in interest shall have the right to lease such property at an
appraised fair market value to be determined by the department, county, or municipality for such period of time until the
property is needed for public road or other transportation purposes. However, if at the time of acquisition such property
was leased to a tenant, the tenant, instead of the owner or his successor in interest, shall have the first right to lease such
property at the appraised fair market value. If the owner, his successor in interest, or the tenant of the property does not
lease such property, the department, county, or municipality shall have the right to lease such property at a price equal to
the highest sealed public bid, if the bid is acceptable to the department, county, or municipality, for such period of time
until the property is needed for public road or other transportation purposes. If no bids or bids which are insufficient are
received, the department, county, or municipality may readvertise for new public bids. The department, county, or
municipality may negotiate a lease with any state or federal agency, county, or municipality without the aforesaid
requirement of sealed bids or leasing to the former owner. The department, county, or municipality shall have the right to
impose reasonable restrictions, terms, or conditions on the use of such leased property.
R
(c) Separate and distinct from the department's authority to lease property in subsection (b) of this Code section, the
department has the authority to negotiate a lease of any property contained within the rights of way of any nonlimited-
access public road and not presently needed for public road purposes or rights of way under bridges or viaducts on
limited -access public roads and not presently needed for public road purposes. If the department decides to lease any
such property, the property shall be leased, at an appraised fair market value to be determined by the department, to the
owner or the lessee of the property adjacent to the department's rights of way for the purposes of parking. Such property
shall only be used for the purposes of providing parking and shall not be subleased without the department's prior
approval. Plans for the use of said property must be submitted to and approved by the department prior to any
construction. Regardless of any financial expenditures by the lessee, no lease granted under this subsection shall merge
into and become a property interest of the lessee or a sublessee. The department shall reserve the right to terminate any
lease without cause upon 30 days' written notice to the lessee. Notwithstanding any provisions of Code Section 48-2-17,
all net revenues derived from the lease of any of the department's property used for the purposes of providing parking
shall be utilized by the department to offset the cost of maintaining the public roads of the state.
(d) Unless said property or interest therein is leased to a tax-exempt person or body, it shall be subject to all applicable
taxes, both real and personal.
(e) The department or any county or municipality may negotiate a lease with any state or federal agency, county, or
municipality for the use of the property for any purpose for which the agency, county, or municipality may put property
it owns in fee and without complying with the requirement for sealed bids or leasing to the former owner contained in
this Code section.
12
Driveway Manual
1.PURPOSE
This document is intended to clearly define the process of constructing a legal access point or any other work in the right
of way of County Roads in unincorporated Fulton County. To accomplish this we are modifying sections three through
five of the Georgia Department of Transportation document "Regulations for Driveway and Encroachment Control" and
adopting this modified version. Any variance to the standards set forth in this manual must be in the form of a written
appeal to the Director of Public Works, along with the appropriate studies to support the variance request.
2. DRIVEWAY SPACING
As drivers approach each intersection along a roadway, they are often presented with decisions and may be required to
stop or make various maneuvers. When exiting the roadway, it is necessary to decelerate and in some cases, to change
lanes. It may also be necessary to adjust speeds in reaction to other vehicles entering into the arterial traffic stream.
Driveways should be spaced so that drivers can perceive and react to the conditions at each intersection in succession.
Spacing between driveways should be at least equal to the distance traveled, at the posted speed limit, during the normal
perception and reaction time plus the distance traveled as the vehicle decelerates to a stop. Each intersection also requires
a certain amount of storage space for vehicles waiting to enter. The distance between intersections should be great
enough to provide this storage, allowing each intersection to have its functional boundary separated from those of the
next intersection. Crash data also indicates that as the number of driveways along a roadway increases so do accident
rates. Meeting the spacing criteria is not, in itself an indication that driveways will be allowed.
Guidelines for driveway spacing, associated with the construction of new driveways, are provided in Table 3-1.
Driveways should be separated from any other facility, which accesses a County roadway, whether it is another driveway
or a public street. Minimum spacing requirements also apply to driveways on the opposite side of undivided roadways.
Requirements for the length of right and left turn lanes, as shown in Table it and Table 13, may increase the
minimum allowable spacing shown in Table 1.
13
driveways (driveway pair).
Table 1:
Driveway
Spacing
Criteria
Spacing of
One -Way
Driveways
Figure 1
shows a
typical layout
of one-way
driveways.
The spacing
criteria
presented in
Table 1 does
not apply to
the distance
between the
two one-way
A driveway pair must be separated from another driveway pair by the distance as shown in Table 1. A driveway pair
must also be separated from an adjacent two-way driveway in accordance with the spacing criteria in Table 1.
Spacing Criteria for One -Way Driveways
Placement of Driveways
Figure 1:
Not only must driveways be spaced from other driveways as provided above, they must also be located a minimum
distance from the property line. The radius return must be a minimum of 5' from the property line.
When driveways are to be jointly used by two or more property owners, the property line separation requirements given
in the above paragraph can be waived. However, a joint use agreement signed by the affected property owners must be
provided to the Access Management Engineer. Either property owner may apply for the driveway permit.
Driveway Spacing
Driveways should align with other driveways located on the opposite side of the roadway. If offset driveways cannot be
avoided, the same driveway spacing criteria as given in Table 1 should be provided, to provide space for left turns.
Figure 2 shows how the spacing is measured for locating offset driveways on undivided roadways. Spacing is from
Center to Center.
14
1
I
I
!
!
!
DRIVENNY
FI
SAA CXG
1F
DRIVEWAY SPACING
POSTED SPEED, MPH
MINIMUM FT
25
200
30
250
35
300
40
300
45
300
50
300
55
350
driveways (driveway pair).
Table 1:
Driveway
Spacing
Criteria
Spacing of
One -Way
Driveways
Figure 1
shows a
typical layout
of one-way
driveways.
The spacing
criteria
presented in
Table 1 does
not apply to
the distance
between the
two one-way
A driveway pair must be separated from another driveway pair by the distance as shown in Table 1. A driveway pair
must also be separated from an adjacent two-way driveway in accordance with the spacing criteria in Table 1.
Spacing Criteria for One -Way Driveways
Placement of Driveways
Figure 1:
Not only must driveways be spaced from other driveways as provided above, they must also be located a minimum
distance from the property line. The radius return must be a minimum of 5' from the property line.
When driveways are to be jointly used by two or more property owners, the property line separation requirements given
in the above paragraph can be waived. However, a joint use agreement signed by the affected property owners must be
provided to the Access Management Engineer. Either property owner may apply for the driveway permit.
Driveway Spacing
Driveways should align with other driveways located on the opposite side of the roadway. If offset driveways cannot be
avoided, the same driveway spacing criteria as given in Table 1 should be provided, to provide space for left turns.
Figure 2 shows how the spacing is measured for locating offset driveways on undivided roadways. Spacing is from
Center to Center.
14
A. UNDIVIDED HIGHWAY
a DmDED HIGHWAY
CRIVEWAY
SPAO tG
I I
I I
I I
sPACM
I
Figure 2: Spacing of Offset Driveways
If the County roadway involved is a divided facility and the driveways do not align with a median crossover, the
driveway spacing would only apply to the adjacent driveway located on the same side of the roadway as shown above in
Figure 2.
Residential Driveways
Driveways serving single family residential homes or townhouses do not have to adhere to the standards set forth in the
previous sections, as they have a less significant impact than a new street or commercial driveway. Not more than two
private curb cuts may be located on any one street frontage for any one dwelling. When there are two curb cuts on any
one street frontage, there shall be a safety zone between the cuts not less than ten feet, as measured along the curbline. In
no case shall the curb cut be less than five feet from the side property line as measured along the right-of-way line. The
curb cut shall not encroach upon the radius of the curb at a street corner.
Not more than one private curb cut may be located on any one street frontage for any one dwelling where the street is
classified as a Collector or higher order street. If a lot has access to more than one frontage, it may not have any private
curb cuts on a street that is classified as a Collector or higher order street. If both frontages are classified as Collector or
higher order streets, then the curb cut may be on the frontage with the lowest classification, or as designated by the Public
Works Department.
Spacing of Median Crossovers
When the applicant is requesting a median crossover on a divided roadway, the spacing standards shown in Table 2
apply.
Table 2: Spacing of Median Crossovers
Other factors will also be considered, such as distance to other median openings, adjacent land use, expected traffic
volumes, and the resulting volume of U-turns that are likely to occur without the median opening. Meeting the spacing
criteria is not in itself, an indication that median openings will be allowed.
Spacing of Signalized Intersections
This section is provided to assist the applicant's engineer in designing sites that may need signalized points of access to
the County roadway. Table 3 contains guidelines for the spacing that should be provided between signalized
intersections.
0000 o
I �
i SIGNAL
i SPACING i
CONDITION SIGNAL SPACING IN FEET
Desirable Minimum
RURAL 2640 1320
CROSSOVER
SPACING
CROSSOVER SPACING IN FEET
CONDITION
Desirable
Minimum
RURAL
2640
1320
URBAN
1320
660
Table 2: Spacing of Median Crossovers
Other factors will also be considered, such as distance to other median openings, adjacent land use, expected traffic
volumes, and the resulting volume of U-turns that are likely to occur without the median opening. Meeting the spacing
criteria is not in itself, an indication that median openings will be allowed.
Spacing of Signalized Intersections
This section is provided to assist the applicant's engineer in designing sites that may need signalized points of access to
the County roadway. Table 3 contains guidelines for the spacing that should be provided between signalized
intersections.
0000 o
I �
i SIGNAL
i SPACING i
CONDITION SIGNAL SPACING IN FEET
Desirable Minimum
RURAL 2640 1320
URBAN 1320 1 1000
Table 3: Spacing of Signalized Intersections
The spacing guidelines provided above are indicative of conditions that normally offer better signal progression for
arterial traffic flow. It is recognized that under certain conditions, better operation may result from the introduction of
signals with less spacing if the alternative forces high volumes of traffic to an adjacent intersection.
When the applicant can show, through an alternatives analysis, that better operations can be achieved with less spacing,
the Department of Public Works will consider an exception to the provisions of Table 3.
3. DESIGN CRITERIA
The design of driveways shall comply with the guidelines of AASHTO's A Policy on Geometric Design of Highways and
Bridges, current edition. However, this manual provides a summary of the minimum design constraints that will be
checked during the plan review process.
The geometric design of an intersection is a collection of various elements such as radius, width, grade, angle of
intersection, etc. that, in combination, provide for satisfactory operation of the vehicles that will use the intersection.
Since the operating characteristics vary dramatically for different types of vehicles, the designer must first establish the
design vehicle on which to base the driveway design. The designer should also check the final design to ensure the design
vehicles can operate satisfactorily.
Design for Trucks
The design criteria given in this chapter has more stringent requirements for trucks. Even though the general use of such
guidance would result in more desirable operations for all vehicles, it is neither practical nor necessary to design all
facilities to accommodate trucks. The designer must use judgment in selecting the proper design vehicle.
When semi trailer combination trucks are expected to use the intersection on a regular basis and in numbers more than
just an occasional vehicle, then the intersection should be designed to accommodate the truck movements. This includes
most driveways designed for industrial use and many commercial driveways.
For commercial uses such as shopping centers, the preliminary site plan should indicate where heavy duty pavement
would be provided to accommodate truck access to loading docks. Any driveway associated with access/egress for the
loading docks should use the truck radii. Minor movement driveways, particularly those that allow only right turns will
generally only be used by passenger cars.
Driveway Width
When traffic impact studies are required, the driveway shall be designed to provide the number of lanes recommended in
the study. The findings within the study supersede the standards set forth in Table 4. Standard lane widths are 12'.
When the need for multiple lanes is not established from a traffic impact study, the minimum and maximum driveway
widths are as set forth in Table 4.
DRIVEWAY USE
WIDTH IN FT.
MINIMUM MAXIMUM
Current Residential GA Std.
14 18
Current Commercial One Way) GA Std
16 20
Current Commercial(Two Way) GA Std
24 40
Table 4: Driveway Widths
17
Corner Radii
Corner radii are generally established by the minimum path of the inside wheels of the design vehicle when making a
right turn. The minimum corner radii to be used for driveways are given in Table 5.
DRIVEWAY USE
MINIMUM RADIUS IN FEET
Residential
30
Commercial
35
When Designed For Trucks
75
Table 5: Minimum Corner Radii
Left Turning Control Radii
The path of the inside wheels during left turns is also important for the design of median openings and intersections with
dual left turn lanes. Table 6 contains guidelines for minimum left turning radii.
CONTROL CONTROL
RADIUS RADIUS
Driveway Use Control Radius in Feet
Residential 40
Commercial 50
Table 6: Left Turning Control Radius
Median Crossover Design
Driveways onto divided County roadways where full access is to be provided shall be designed in accordance with
Georgia DOT Construction Details for Median Crossovers. The detail has two types of designs (See Figure 3) that are
applicable in different situations in unincorporated Fulton County. Type A median crossovers will not be permitted.
Type B Median Crossover
Type B median crossovers are required when the projected volume of the left turn movement exceeds 50 vehicles per
hour per direction and/or when the median width is sufficient to offset the left turn lane from the adjacent through lane.
This design provides better sight distance for vehicles in the left turn lane. This is important for unsignalized intersections
and when unprotected turns are allowed at signalized intersections.
Type C Median Crossover
Type C median crossovers are typically used in urban areas where the median width is limited to approximately 24' or
less. With this type of crossover, it may be necessary to add pavement to the opposite edge in order to accommodate u -
turns.
Table 7 illustrates the minimum pavement width that is required for vehicles to make u -turns. The required width is
given for passenger cars and for M-50 trucks. However, provisions for u -turns at median openings are normally based
on passenger cars.
18
L - SfTZ
a" 4-0 L
TYPE B MEDIAN CROSSOVERIII ST. L. see DotafABI Tapers
W
ar
T
,aft �
NOT TO SCALE De" -W (Wh*
TYPE C MEDIAN CROSSOVER
L
L— See Oe W -A"
I
W .25'
L = SW Hamm
Set TOM A-9 . S" Ta"
L 7 R (INME)
NOT TO SCALE F
Figure 3: median Crossover uesign
Minimum
Turning
Path
Driveway Use Minimum Width in Feet
Passenger Car 48
WB - 50 Truck 90
fable'/: Minimum lKoaa Yvicitn ror u- i urns
NJ
19
Sight Distance
Driveways should be located to provide adequate sight distance. Minimum intersection sight distance criteria are
provided in Table 8. The line of sight establishes the boundary of a sight triangle, within which there should be no sight
obstruction. Any location where the sight line leaves the right-of-way, a permanent maintenance easement must be filed,
and the area must be graded, landscaped, and kept free of objects such that sight distance is not compromised. The
driver's eye should be located four feet off the centerline of the side street in the outbound lane. The object should be
located at the center of the closest oncoming travel lane.
Table 8:
Intersection
Sight
Distance
Requirements
The sight
distance
criteria are
based on the
time required
for a vehicle
to make a left
turn from a
stop -
controlled
approach to
the County
roadway
(AASHTO
Case B1). The
time to
execute the maneuver is based on recommendations contained in NCHRP Report 383, Intersection Sight Distance. The
sight distances, for a two-lane road, are the distances traveled at the arterial speed during 7.5 seconds. The time is
increased by 0.5 seconds for each additional lane to be crossed.
The sight distances given in Table 8 are for undivided roadways. If the roadway is divided, the effect of the median
should be considered in determining the required sight distance. Based on the conditions, it may be feasible for the
crossing maneuver to be done in two stages with a stop in the median. However, the intersection should only be treated
in this manner if the signing and marking is accordingly provided. Otherwise, the sight distance requirements should be
increased to account for the additional width that must be crossed. See AASHTO Green Book, Chapter 9 Intersections, for
adjustments due to grades greater then 3% and design vehicles other than passenger cars.
Horizontal Alignment
In general, the horizontal alignment of driveways should be designed using a tangent section from the centerline of the
County roadway and extending to the property line. Horizontal curves should be sufficient to provide safe operations at
speeds that would normally occur in the areas where they are constructed.
Angle of Intersection
Intersecting driveways and roads should generally meet at or nearly at right angles. Driveways and roads intersecting at
acute angles create sight limitations that should be avoided.
In some cases, a more suitable overall design can be achieved by allowing intersecting angles other than 90 degrees. Table
20
LINE OF SIGHT
5'
OBJECT
EYE HEIGHT
HEIGHT
(375')
(3.5')
SDL------
SDR
ARTERIAL SPEED
SIGHT DISTANCE IN FEET
(MPH)
2 Lane
3 and 4 Lanes
5 and 6 Lanes
SDL=SDR
SDL SDR
SDL
SDR
30
335
350 375
400
420
35
390
410 440
465
490
40
445
470 500
530
560
45
500
530 560
595
630
50
555
590 625
660
700
55
610
650 685
730
770
Table 8:
Intersection
Sight
Distance
Requirements
The sight
distance
criteria are
based on the
time required
for a vehicle
to make a left
turn from a
stop -
controlled
approach to
the County
roadway
(AASHTO
Case B1). The
time to
execute the maneuver is based on recommendations contained in NCHRP Report 383, Intersection Sight Distance. The
sight distances, for a two-lane road, are the distances traveled at the arterial speed during 7.5 seconds. The time is
increased by 0.5 seconds for each additional lane to be crossed.
The sight distances given in Table 8 are for undivided roadways. If the roadway is divided, the effect of the median
should be considered in determining the required sight distance. Based on the conditions, it may be feasible for the
crossing maneuver to be done in two stages with a stop in the median. However, the intersection should only be treated
in this manner if the signing and marking is accordingly provided. Otherwise, the sight distance requirements should be
increased to account for the additional width that must be crossed. See AASHTO Green Book, Chapter 9 Intersections, for
adjustments due to grades greater then 3% and design vehicles other than passenger cars.
Horizontal Alignment
In general, the horizontal alignment of driveways should be designed using a tangent section from the centerline of the
County roadway and extending to the property line. Horizontal curves should be sufficient to provide safe operations at
speeds that would normally occur in the areas where they are constructed.
Angle of Intersection
Intersecting driveways and roads should generally meet at or nearly at right angles. Driveways and roads intersecting at
acute angles create sight limitations that should be avoided.
In some cases, a more suitable overall design can be achieved by allowing intersecting angles other than 90 degrees. Table
20
9 gives the minimum angle of intersection that will generally be allowed for driveways designed to accommodate two-
way traffic flow.
Table 9:
Minimum
Angle of
Intersection
for Two -
Way
Driveways
Alignment
of Approach
and
Departure
Lanes
Driveways
should be
designed
and
constructed so as to align with driveways or streets on the opposite side of the roadway. The alignment of through
movements crossing the roadway should be such that abrupt shifts in the travel pattern are not required.
Auxiliary Turn Lanes
When any auxiliary turn lane that extends beyond the applicant property frontage, the applicant will be responsible for
acquiring the necessary rights of way and easements in order to accomplish the necessary frontage improvements.
Minimum Requirements for Deceleration Lanes
The provisions of this section shall generally apply to auxiliary lanes installed on the approach to an intersection that
provide for deceleration and storage of vehicles waiting to turn right or left. Such lanes are always beneficial and will be
required in conjunction with commercial driveway permits when projected traffic volumes exceed minimum levels as
provided in the sections below.
Right turn deceleration lanes must be constructed at no cost to the County if either the Average Daily Traffic (ADT) or
right turning volumes shown in Table 10 are met. Passing lane sections fall under the criteria for two or more lanes.
Two lanes on main road
35-40 mph > 40 mph
More than two lanes on main road
35-40 mph > 40 mph
Main Roadway ADT 8,000
4,000 12,000 10,000
Daily Right Turning Volume 150
f
Peak Hour Right Turning Volume 15
t
t
Driveway Use
Minimum Angle of Intersection A in Degrees
Residential
80
Commercial
85
When Designed for Trucks
88
Table 9:
Minimum
Angle of
Intersection
for Two -
Way
Driveways
Alignment
of Approach
and
Departure
Lanes
Driveways
should be
designed
and
constructed so as to align with driveways or streets on the opposite side of the roadway. The alignment of through
movements crossing the roadway should be such that abrupt shifts in the travel pattern are not required.
Auxiliary Turn Lanes
When any auxiliary turn lane that extends beyond the applicant property frontage, the applicant will be responsible for
acquiring the necessary rights of way and easements in order to accomplish the necessary frontage improvements.
Minimum Requirements for Deceleration Lanes
The provisions of this section shall generally apply to auxiliary lanes installed on the approach to an intersection that
provide for deceleration and storage of vehicles waiting to turn right or left. Such lanes are always beneficial and will be
required in conjunction with commercial driveway permits when projected traffic volumes exceed minimum levels as
provided in the sections below.
Right turn deceleration lanes must be constructed at no cost to the County if either the Average Daily Traffic (ADT) or
right turning volumes shown in Table 10 are met. Passing lane sections fall under the criteria for two or more lanes.
Two lanes on main road
35-40 mph > 40 mph
More than two lanes on main road
35-40 mph > 40 mph
Main Roadway ADT 8,000
4,000 12,000 10,000
Daily Right Turning Volume 150
75 150 75
Peak Hour Right Turning Volume 15
7 15 7
Table 10: Minimum Volumes Requiring Deceleration Lanes
In the event the Fulton County Traffic Engineer feels that field conditions or other factors indicate that it would be in the
best interest of the County to waive the decel lane requirement, the County Traffic Engineer must document the
recommendations. The recommendations shall be approved by the Director of Public Works and be attached to the
Permit. The County Traffic Engineer may also require the addition of a right turn lane, even when the conditions in Table
10 are not met, if roadway geometry or field conditions indicate that the safety of the traveling public would be improved.
The recommendation must be documented and approved by the Director of Public Works for inclusion with the Permit.
21
The right of way for deceleration lanes may be dedicated in fee simple to the County for the County to maintain or the
applicant must sign an agreement with the County to maintain the lane to the County's standards and to hold harmless
the County in the event that section of roadway is identified in any liability action. A Limited Warranty Deed is not
acceptable when right of way is donated to the County.
The pavement specifications for deceleration lanes must be Georgia DOT Standard Specifications for Construction of
Roads and Bridges, except as approved by the Director of Public Works in cases where a lesser design may be acceptable
or where a proposed project is expected to tie in.
Deceleration Lane Design
This section provides the design guidelines that should be used to establish the lengths of turn lanes if they are required.
Turn lanes should provide a full -width lane that is long enough to allow for vehicles to decelerate from the operating
speed to a full stop in addition to the length of full -width lane that is needed to store vehicles waiting to turn. Table 11
contains guidelines for lengths of tapers and full -width turn lanes for deceleration right turn lanes.
Speed, mph
Full Width Storage, ft
Taper, ft
35
100
50
40
150
50
45
175
100
50
225
100
55
250
100
Table 11: Minimum Deceleration Lane Lengths
When traffic studies are conducted, the length of full -width lane needed for storage should be determined. If the length of
full -width storage is greater than the length of full -width storage shown in Table 11, the longer length should be
provided.
At signalized intersections, the amount of storage for both right and left turns can be based on the number of vehicles
arriving during 1.5 signal cycles.
For unsignalized intersections, a commonly used rule of thumb is that left turn storage should accommodate vehicles
arriving during a two -minute period. Minimal storage is required for right turn lanes at unsignalized intersections.
Minimum Requirements for Left Turn Lanes
Left turn lanes must be constructed at no cost to the County if either the ADT or left turning volumes shown in Table 12
are met. Passing lane sections fall under the criteria for two or more lanes.
Two lanes on main road
35-40 mph > 40 mph
More than two lanes on main road
35-40 mph > 40 mph
Main Roadway ADT 6,000
4,000 10,000 8,000
Daily Left Turning Volume 300
200 300 200
Peak Hour Left Turning Volume 30
20 30 20
Minimum Volumes Requiring Left Turn Lanes
Table 12:
In the event the Fulton County Traffic Engineer feels that field conditions or other factors indicate that it would be in the
best interest of the County to waive the left turn lane requirement, the County Traffic Engineer must document the
recommendations. The recommendations shall be approved by the Director of Public Works and be attached to the
Permit. The County Traffic Engineer may also require the addition of a left turn lane, even when the conditions in Table
12 are not met, if roadway geometry or field conditions indicate that the safety of the traveling public would be improved.
The recommendation must be documented and approved by the Director of Public Works for inclusion with the Permit.
22
Left Turn Lane Design
The design of left turn lanes should consider the intended function and the characteristics of the roadway. In many cases,
it is necessary to widen the existing roadway to introduce the left turn lane. All vehicles approaching the turn lane are
shifted to the right. The left turning traffic is then shifted back into the lane. Through traffic is returned to its original lane
beyond the intersection. When the roadway has a median that is at least 20 feet wide, the left turn lane can be developed
out of the median, avoiding the need for transitions. If a proposed driveway aligns across the main street with another
driveway, and the proposed driveway must provide a left turn lane and left turn storage, then adequate storage and
tapers must also be provided for the driveway across the main street.
The basic design elements of left turn lanes are illustrated in Table 13. This example shows symmetrical widening, which
basically requires the through traffic on each side to shift by one half of the lane width. Some circumstances may dictate
that all widening be achieved on one side, which requires a full lane shift for through traffic on the side where the
additional width is developed. Table 13 provides guidelines for selecting the proper length of approach taper.
Table 13: Minimum Design Elements of Left Turn Lanes
The example shown in Table 13 has straight-line tapers. These are acceptable but other designs may also be used,
including the following: partial tangent tapers, symmetrical reverse curve, and asymmetrical reverse curve. See latest
edition of AASHTO green book for details.
The required length of full -width storage is based on the peak hour traffic volumes. This should be determined in the
traffic study. The amount of storage is dependent on the type of traffic control in effect. For signalized intersections, the
storage should be sufficient to accommodate the 95th percentile peak hour queue. At yield -controlled intersections, the
storage is based on the number of vehicles as designated in Table 14.
23
DEPARTURE
TAPER
............
APPROACH
TAPER BAY FULL
TAPER WIDTH
STORAGE
Posted Speed Approach Taper in Feet Bay Taper in Feet Full Width Storage
Limit (MPH) 6' Shift 12' Shift
35
125 250 50
See Table 14
40
160 320 50
See Table 14
45
270 540 100
See Table 14
50
300 600 100
See Table 14
55
330 660 100
See Table 14
Table 13: Minimum Design Elements of Left Turn Lanes
The example shown in Table 13 has straight-line tapers. These are acceptable but other designs may also be used,
including the following: partial tangent tapers, symmetrical reverse curve, and asymmetrical reverse curve. See latest
edition of AASHTO green book for details.
The required length of full -width storage is based on the peak hour traffic volumes. This should be determined in the
traffic study. The amount of storage is dependent on the type of traffic control in effect. For signalized intersections, the
storage should be sufficient to accommodate the 95th percentile peak hour queue. At yield -controlled intersections, the
storage is based on the number of vehicles as designated in Table 14.
23
Left TurnQueue
Peak Hour7--7-7
Volume
Speed Limit of
35 mph 40 mph
Queue
Feet Feet
Road
45 mph
55 mph
Queue
Feet
Queue
Feet
30 to 36
to 14
95
95
95
95
37 to 84
to 268
115
1 115
115
115
85 to 100
to 325
135
135
135
135
101 to 125
to 417
135
135
155
175
126 to 150
to 511
155
155
175
190
151 to 175
to 607
175
175
190
210
176 to 200
to 704
1 190
190
210
210
Table 14: Left Turn Storage Requirements
Raised Islands
Islands are an important form of intersection channelization that is often needed to prohibit undesirable movements,
define the paths of allowed movements, and provide a refuge area for pedestrians. Any location where two outbound
lanes are proposed for a driveway at an unsignalized location, the right line must be for right -out only movement, and
separated from the other lane by a raised island.
Painted lines are an effective means to direct the paths of vehicular movement. However, raised islands are more effective
during times when visibility is reduced. When islands are to serve as pedestrian refuge areas, they should be constructed
as raised islands. All sign posts to be placed within concrete area must have hole through pavement structure. The hole
may be either formed, drilled or sawed.
Raised islands should be large enough to command attention and accommodate wheelchairs. The smallest raised island
should have an area of 50 square feet in urban areas and 75 square feet in rural areas. However, 100 square feet is
desirable in both cases. (Refer to revised ADA standards)
When multiple crosswalks are required to pass through islands, the required size may exceed the 100 square feet
mentioned above. The additional area may be required to install wheelchair ramps. As an alternate to ramps, the
pedestrian travel way can be "slotted" through the island, remaining on the grade of the roadway.
Figure 4 shows a typical design for a raised corner island at a two-lane driveway. This design uses a radius of 65' and
provides an island of sufficient size for wheelchair ramps and level landings.
Figure 4 also contains a median island along the driveway. This drawing does not imply that median islands or corner
islands are required for all driveways. However, large painted islands may not serve the intended channelization purpose
and the type island to be used should be based on the actual circumstances of the site.
Raised islands should be offset from the edge of the adjacent travel lane on all sides. The amount of offset shall be a
minimum of 18" as measured from the edge of the travel lane to the face of the curb. When raised islands are adjacent to
roadways with posted speed limits of 50 MPH or greater, the island shall be offset from the edge of the roadway by a
minimum distance of 10'.
24
T5•®
O
tk.A„&S
R 1
R;F! FJtlN R'•f R3h`
'.:,. kt}iErt
a
sTa pit SKIP
k4N:TL'Lbt(E
k' k
� IFsrg SdR4
u� RLGNJ7Rii1
fg"kkW27(�
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Nott
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am 3A &*TAAL DOME,
wat aM6
A tANJSL4NDJU4YIIEOMITTED
R1.7 5?YiN
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Lk69@L1.k,Y�fi
& R
9TR5RtVO
S'VtrMdE
L.CBE Uht
PACHL OF niltme. hr CR
?NZPJE CP C'JRO AMO"rrER
RAISED ISLAND DETAIL
3.R
7R
'•':yip?'s;
;;;,�� � �;;�� ; ••; •.
+4'UN:i43 MGWAYSPEED UWT13LESS THAN 45AfW
': f+:;: `:, 'r• 4'
IZ Adf,"dISdtiA4 TO FAGS OF CLIB MEN SPESD LWIS
45 APHAND ABOVE
ZR
Figure 4: Design of xaisect !slants
Right -In, Right -Out Driveways
Raised islands are also typically used to channelize the movements at a driveway where only right turns are allowed. The
raised island is an effective means of preventing left turns. All right -in, right -out islands must have a radius that is 70', or
25
a compound curve that approximates 70'. Right-in, right-out driveways are not intended for truck traffic, so the exit and
entrance lanes must be 12' in width as measured from face of curb to face of curb. The island must be constructed from
mountable curb (3" vertical, 45 degree face, 3" flat) to accommodate emergency vehicles. The edge of the island should be
offset 18" to 24" from the edge of the travel lane.
Pavement Design
All construction, within the right of way, of surfaces intended for travel by motorized vehicles shall be paved. The
pavement specification of auxiliary lanes on County roadways shall be the Georgia DOT Standard Specifications for
Construction of Roads and Bridges, or as designated in Fulton County Standards, whichever is more restrictive.
New developments are required to widen the road along their frontage to a uniform lane width of twelve feet. If the
widened area is two feet or less in width, a concrete sub-base should be provided per the current standards. The
developer must then either pave the entire width of the road, or mill to the centerline and pave to match the existing road.
Any deviation from this standard requires a waiver from the Director of Public Works or his designee.
Pedestrian Considerations
When driveways are constructed in areas where pedestrian activity is not prohibited, the design should adequately
provide for pedestrian movement and interaction with vehicular traffic. Pedestrian features that should be considered
include sidewalks, crosswalks, traffic control features, and curb ramps are required. The Americans With Disabilities Act
Accessibility Guidelines must be utilized where pedestrian traffic is expected.
Figure 5 contains typical locations for curb cut ramps. Ramps are required at all pedestrian crosswalks where curb is
constructed or replaced. The required crosswalk detail is also shown in Figure 5. See current GDOT Construction Details
for the appropriate treatment.
26
.r YP;LAL LCCATICM FOR CIAO CUT RA40S - F�AN VtFV
I WE
5:
Experience has shown that motorists occasionally run off the roadway and providing a traversable recovery area can
lesson serious injury. AASHTO publishes a Roadside Design Guide that should be used as a reference when designing
driveways.
Table 15 provides the clear zone distances as contained in the Roadside Design Guide. Driveways must be designed so
that all areas within the roadway right of way have clear zones as defined in Table 15.
from AASHTO 2002 Roadside Design Guide
DESIGN
SPEED
DESIGN ADT
FILL SLOPES
6:1 or 5:1 to
Flatter 4:1
3:1
CUT SLOPES
3:1 5:1 to
4:1
6:1 or
Fluter
40 or Lest
Under 750
7-10
7-10
**
7-10
7-10
7-10
750-1500 10-12 12-14 ww 10-12 10-12
10-12
1500- 6000 12-14 14-16 ** 12-14 12-14
12-14
Over 6000 14-16 16-18 14-16 14-16
14-16
45-50
Under 750
10-12
12-14
**
8-10
8-10
10-12
750- 1500 12-14 16-20 ** 10-12 12-14
14-16
1500 -6000 16-18 20-26 ww 12-14 14-16
16-18
Over 6000 18-20 24-28 ** 14-16 18-20
20-22
Under 750
12-14
14-18
**
8-10
10-12
10-12
55
750 -1500
16-18
20-24
**
10-12
14-16
16-18
1500- 6000
20-22
24-30
**
14-16
16-18
20-22
Over 6000 22-24 26-32* ** 16-18 20-22
22-24
60
Under 750
16-18
20-24
'*
10-12
12-14
14-16
750 -1500 20-24 26-32* ** 12-14 16-18
20-22
1500 - 6000 26-30 32-40' ** 14-18 18-22
24-26
Over 6000 30-32* 36-44* ** 20-22 24-26
26-28
65-70
Under 750
18-20
20-26
w*
10212
14-16
14-16
750- 1500 24-26 28-36* *w 12-16 18-20
20-22
1500 -6000 28-32* 34-42- ** 16-20 22-24
26-28
Over 6000 30-34* 38-46* sw 22-24 26-30
28-30
Table 15: Clear Zone Distances (in Feet from Edge of Traveled Way)
Notes:
* Clear zones may be limited to 30'
** Fixed objects should not be present in the vicinity of the toe of these slopes. The width of the recovery zones should
consider a number of factors including right of way availability, economic factors, safety needs, and accident history.
All areas located within the clear zones should remain clear of obstructions such as bridge abutments, poles, trees, etc. If
obstructions are unavoidable, the design should include appropriate protection such as break -away design, guardrail
installation, safety end treatments on culverts, etc. The Roadway Design Guide includes a table for horizontal curve
adjustments, where the clear zone correction factor is applied to the outside of curves only. Curves flatter than a 2860 foot
radius do not require an adjusted clear zone.
Right of Way Requirements
In order to construct driveways, it is often necessary to construct improvements to the County roadway. These
improvements typically include the addition of lanes along the County roadway such as a deceleration lane.
If sufficient right of way exists, improvements to the County roadway may be permitted without the requirement of
additional right of way. In urban sections, the right of way should be no closer than 14' from the face of curb along State
Routes and 11' from the face of curb along all County roads. In rural sections, the point located one-half way up the back
28
slope should be on or within the right of way line. Sufficient right of way should be donated to the County for the
deceleration lane/commercial driveway. Paving specifications to match existing pavement or better should be full -depth
to the right of way line. Depths may be reduced, if field conditions warrant, as approved by the Director of Public Works
and as recommended by the County Traffic Engineer.
If additional right of way is required in order to construct the required improvements, the applicant must dedicate the
right of way. The applicant must follow the procedures established in the Department of Environment and Community
Development.
4. SIGNING AND MARKING
All signing and pavement marking must be designed and installed in conformance with the latest
edition of the Manual on Uniform Traffic Control Devices.
Signing
All sign posts to be placed within concrete area must have 6" wide diameter space through substructure.
The traffic control signs must be installed per the most recent edition of the Manual on Uniform Traffic Control Devices
(MUTCD) with relation to the installation height, size, distance from curb, etc. In general, signs should be installed at
least seven feet but no more than ten feet from the ground to the bottom of the sign, and at least two feet from the face of
curb to the closest edge of the sign, or as required by the MUTCD.
The signs shall be new die cut anodized aluminum (at least .080 inches thick) and installed on a single square post with
standard hardware. This post should be installed to break -away standards with a slip base. The back of the installation
bolts should be bent to discourage theft. The face of the sign shall be Type III (High -Intensity) sheeting or better. If the
road intersects a state route, all warning signs, red series regulatory signs, including Stop, Yield, and Do Not Enter signs
shall be fabricated from Type VI (Wide Angle Prismatic) reflective sheeting. No two signs shall be mounted on the same
post. Should the applicant wish to use decorative poles, a custom sign permit will need to be applied for in the
Department of Public Works.
As part of the Land Disturbance Permit Process, the Department of Environment and Community Development will
identify the number and location of signs. The minimum sign installation shall conform to the standards established
below.
The applicant will be responsible for maintaining the signs from installation to final inspection. The County reserves the
right to replace stop or yield signs if they have been down for more that 12 hours, to replace any regulatory signs if they
have been down for more than 7 days, and to replace any other signs if they have been down for more than 14 days. This
will be done at the cost to the applicant of two hundred and fifty dollars ($250.00) per sign.
The sign inspection shall be done by the Department of Environment and Community Development prior to acceptance
of the final plat or as established by the Director of Environment & Community Development. The signs should be
performance bonded at the same time as the pavement at a cost of one hundred dollars ($100.00) per sign or as
established by the Director of Environment & Community Development. If the County needs to replace any signs at the
time of the final inspection, the value would be forfeited.
The following signs shall be installed in all new subdivisions as applicable:
STOP Signs (R1-1)
The STOP sign shall be installed on the right side of the approach to which it applies. Stop lines, when used to
supplement a STOP sign, should be located at the point where the road user should stop. Where there is a marked
crosswalk at the intersection, the STOP sign should be installed in advance of the crosswalk line nearest to the
approaching traffic.
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STOP signs should be installed in a manner that minimizes the numbers of vehicles having to stop. In most cases, the
street carrying the lowest volume of traffic should be stopped. A STOP sign should not be installed on the major street
unless justified by a traffic engineering study as recommended by the MUTCD. If two streets with relatively equal
volumes and/or characteristics intersect, typically the direction that conflicts the most with established pedestrian
crossing activity or school walking routes or the direction that has the longest distance of uninterrupted flow approaching
the intersection should be stopped.
No all -way stops may be installed in a new subdivision without the permission of the Director of the Department of
Public Works.
Yield Sign (R1-2)
Yield signs shall be installed when there are right turns at an intersection that are channelized apart from the through
and/or left turn movements with a striped or raised island. In addition, yield signs should be installed on each approach
of a roundabout.
Right Lane Must Turn Right Sign (113-711)
Right Lane Must Turn Right signs shall be installed 25 feet from the back of the full width storage in the deceleration lane
for the development, if applicable.
Speed Limit Sign (R2-1)
Speed Limit signs shall indicate a 25 mph speed limit for streets internal to residential subdivisions, unless it is a local
collector road for the development, and then it should be no higher than 35 mph. For neighborhood settings, only one
speed limit sign shall be installed at each project entrance or at the points of change from one speed limit to another. This
sign should be installed no less than 100 feet from the entrance of the subdivision, but no greater than 500 feet from the
entrance.
Street Name Sign (133-1)
Ground -mounted street name signs shall be installed at every intersection and shall conform to Fulton County Ordinance
01-0582 (§62 of the Fulton County Code of Law). Instead of ground -mounted signs, however, overhead street name signs
shall be installed where a subdivision street intersects at any traffic signal. Overhead street name signs shall include the
Fulton County "oak" logo.
Street name signs for public roads shall be green and street name signs for private roads shall be blue. The letter height
must have at least 7 -inch upper-case letters and at least 5 -inch lower-case letters. The Letters should be in "Avantage
Medium" font or as approved by the Department of Public Works. The street name sign shall be a combination of lower-
case letters with initial uppercase letters. If the street has no outlet, a "No Outlet" legend should be put on the end of the
street name sign blade closest to the main road. The "No Outlet" legend should have at least 3 inch high all -capital black
letters on a yellow field that is no more than eight inches wide.
The street name sign should be constructed on flat blades and not extruded blades. They may be either riveted back-to-
back or two-sided at the applicant's preference. The street name sign cannot be posted on the same post as the stop sign.
Roundabout Sign
Roundabouts must be signed and marked per Fulton County standards. This includes yield signs for every approach, as
well as an advance roundabout sign as established by the Department of Public Works. The pavement marking shall
include yield lines and channelization islands for each approach.
Stop Ahead Sign (W3-1) & Yield Ahead Sign (W3-2)
The Stop Ahead and Yield Ahead signs shall be installed on an approach to a primary traffic control device that is not
visible for at least 250 feet. Please refer to Section Tables 2C.29 in the MUTCD for additional information.
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Playground Sign (W15-1)
Playground signs shall be installed on any vehicular approach to an amenities area.
Additional Signs
Additional signs may be required as appropriate by the Department of Public Works or the field inspector.
Sign Information and Sizes
All signs shall be of the sizes as designated in Table 16. This table also included the appropriate reference sections of the
MUTCD which explain the proper use and installation of each of the signs previously designated.
Sign
MUTCD Sections 2003 Ed.
Size
Stop 1-1
2B.04 to 2B.07
30" x 30"
Yield 1-2
2B.08 to 2B.10
36" x 36" x 36"
Speed Limit 2-1
2B.13; 213.18
24" x 30"
Right Lane Must Turn Right R3 -7R
2B.21
30" x 30"
Roundabout and simple alignment
warning signs
Review section 2C
30" x 30"
Stop Ahead (W3 -1a) and Yield Ahead
W3 -2a
2C.29
36" x 36"
Playground Ahead W15-1
2C.42
30" x 30"
Street Name 3-1
213.38
varies
Table 16: Sign Information and Sizes
Pavement Marking
Pavement markings are required to separate lanes of travel and should be used along all edges of pavement. The
following guidelines are provided for designing and installing pavement markings for driveways:
• All pavement markings installed within the public right-of-way shall be thermoplastic material
• Lane lines are generally 5" (white); lane lines are not required where curb and gutter has been provided
• Stop lines should be 24" (white)
• Center lines should be 5" double yellow
• Deceleration and left turn lanes should have turn arrows (Type 2) spaced every 100' and "ONLY" legends
between every pair of Type 2 Arrows
• Crosswalks should use the current Georgia DOT standard (see Figure 5)
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Related OCGA code sections:
1. Acquisition of rights of way
(a) Acquisition of rights of way for public roads on the state highway system located within the corporate limits of a
municipality shall be made in compliance with subsection (e) of Code Section 32-3-3 and Code Section 32-5-25.
2. New streets and abandoned streets
(a) A municipality shall plan, designate, improve, manage, control, construct, and maintain an adequate municipal
street system and shall have control of and responsibility for all construction, maintenance, or other work related to the
municipal street system. Such work may be accomplished through the use of municipal forces, including inmate labor, by
contract as authorized in paragraph (1) of subsection (a) of Code Section 32-4-92, or otherwise as permitted by law.
(b) A municipality shall notify the department within three months after a municipal street is added to the municipal
street system and shall further notify the department within three months after a municipal street is abandoned. This
notification shall be accompanied by a map or plat depicting the location of the new or abandoned street.
3. Rights and Responsibilities of a Municipality as a Property Owner
(a) The powers of a municipality with respect to its municipal street system, unless otherwise expressly limited by law,
shall include but not be limited to the following:
(1) Subject to the limitations of subparagraph (d)(1)(A) of Code Section 32-2-61, a municipality has the authority to
contract with any person, the federal government or its agencies, the state or its agencies, other municipalities, a county in
which the municipality lies, or any combination of the foregoing entities for the construction, reconstruction, or
maintenance of any public road located within the municipality;
(2) A municipality may accept and use federal and state funds for municipal street purposes and do all things necessary,
proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal -aid acts and
programs. Nothing in this title is intended to conflict with any such federal -aid law and, in case of such conflict, such
portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;
(3) A municipality may acquire, manage, and dispose of real property or any interests therein for public roads on its
municipal street system under the procedures provided in Article 1 of Chapter 3 of this title and in Chapter 7 of this title.
In acquiring property for rights of way for federal -aid highway projects on its system, the municipality shall comply with
the requirements of the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policy
Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17, and in
general be guided by the policies applicable to the department as set forth in Code Section 32-8-1. For good cause shown,
a municipality, at any time after commencement of condemnation proceedings and prior to final judgment therein, may
dismiss its condemnation action, provided that (A) the condemnation proceedings have not been instituted under Article
1 of Chapter 3 of this title and (B) the condemnor has first paid to the condemnee all expenses and damages accrued to the
condemnee up to the date of the filing of the motion for dismissal of the condemnation action;
(4) Subject to the requirements of Part 2 of this article, a municipality may purchase, borrow, rent, lease, control,
manage, receive, and make payment for all personal property such as equipment, machinery, vehicles, supplies, material,
and furniture which may be needed in the operation of the municipal street system and may sell or otherwise dispose of
all personal property owned by the municipality and used in the operation of said municipal street system which is no
longer necessary or useful in connection with the operation of said system; and it may execute such instruments as may
be necessary in connection with the exercise of the foregoing powers in this paragraph;
(5) A municipality and its authorized agents and employees shall have the authority to enter upon any lands in the
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municipality for the purpose of making such surveys, soundings, drillings, and examinations as the municipality may
deem necessary or desirable to accomplish the purposes of this title; and such entry shall not be deemed a trespass, nor
shall it be deemed an entry which would constitute a taking in a condemnation proceeding. However, reasonable notice
shall be given the owner or occupant of the property to be entered; such entry shall be done in a reasonable manner with
as little inconvenience as possible to the owner or occupant of the property; and the municipality shall make
reimbursement for any actual damages resulting from such entry;
(6) A municipality may employ, discharge, promote, set and pay the salaries and compensation of its personnel, and
determine the duties, qualifications, and working conditions for all persons whose services are needed in the
construction, maintenance, administration, operation, and development of its municipal street system; and may employ
or contract as independent contractors with such engineers, surveyors, attorneys, consultants, and all other employees
whose services may be required, subject to the limitations of existing law;
(7) Except as otherwise provided by Code Section 12-6-24, a municipality may regulate and control the use of the public
roads on its municipal street system and on portions of the county road systems extending within the corporate limits of
the municipality. Any municipality may regulate the parking of vehicles on any such roads in order to facilitate the flow
of traffic and to this end may require and place parking meters on or immediately adjacent to any or all of such roads for
the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A
municipality also may place such parking meters on or adjacent to any public road on the state highway system located
within the corporate limits of the municipality when authorized by the department pursuant to Code Section 32-6-2;
(8) A municipality may purchase supplies for municipal street system purposes through the state, as authorized by
Code Sections 50-5-100 through 50-5-102;
(9) A municipality may provide lighting and maintenance thereof on any public road located within its limits;
(10) A municipality may grant permits and establish reasonable regulations for the installation, construction,
maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other
signals, and other equipment, facilities, or appliances of any utility in, on, along, over, or under any part of its municipal
street system and of a county road system lying within its municipal limits. However, such regulations shall not be more
restrictive with respect to utilities affected thereby than are equivalent regulations promulgated by the department with
respect to utilities on the state highway system under authority of Code Section 32-6-174. As a condition precedent to the
granting of such permits, the municipality may require application in writing specifically describing the nature, extent,
and location of the portion of the utility affected. The municipality may also require the applicant to furnish an indemnity
bond or other acceptable security conditioned to pay for any damage to any part of a public road or to any member of the
public caused by the work of the utility performed under authority of such permit. However, it shall be the duty of the
municipality to ensure that the normal operation of the utility does not interfere with the use of any portion of the
municipal street system or of a municipal extension of a county public road. The municipality may also order the removal
and relocation of the utility, equipment, facilities, or appliances where such removal and relocation is made necessary by
the construction and maintenance of any part of the municipal street system or municipal extension of a county public
road. In so ordering the removal and relocation of a utility or in performing such work itself, the municipality shall
conform to the procedure set forth for the department in Code Sections 32-6-171 and 32-6-173, except that when the
removal and relocation have been performed by the municipality, it shall certify the expenses thereof for collection to its
city attorney; and
(a) A municipality may provide for surveys, maps, specifications, and other things necessary in supervising, locating,
abandoning, relocating, improving, constructing, or maintaining the municipal street system, or any part thereof, or any
activities incident thereto or necessary in doing such other work on public roads as the municipality may be given
responsibility for or control of by law.
(b) In addition to the powers specifically delegated to it in this title, a municipality shall have the authority to perform all
acts which are necessary, proper, or incidental to the efficient operation and development of the municipal street system;
and this title shall be liberally construed to that end. Any such power vested by law in a municipality, but not
implemented by specific provisions for the exercise thereof, may be executed and carried out by a municipality in a
reasonable manner pursuant to such rules, regulations, and procedures as a municipality may adopt and subject to such
limitations as may be provided by law.
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4. Liability of municipalities for defects in public roads
(a) A municipality is relieved of any and all liability resulting from or occasioned by defects in the public roads of its
municipal street system when it has not been negligent in constructing or maintaining the same or when it has no actual
notice thereof or when such defect has not existed for a sufficient length of time for notice thereof to be inferred.
(b) A municipality is relieved of any and all liability resulting from or occasioned by defective construction of those
portions of the state highway system or county road system lying within its corporate limits or resulting from the failure
of the department or the county to maintain such roads as required by law unless the municipality constructed or agreed
to perform the necessary maintenance of such road.
5. Obstructing, encroaching on, or injuring public roads; leasing of property by department
(a) It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure
materially any part of any public road. For purposes of this Code section, the term "obstruct" shall include without
limitation the causing of any buildup of rock, gravel, mud, dirt, chemicals, or other materials by continued ingress or
egress of vehicles or of any natural waters dammed or redirected by diversion to an extent which presents a hazard to the
traveling public.
(b) Any person who unlawfully obstructs, encroaches upon, or injures said public road shall be responsible for
reimbursing the Department of Transportation or the applicable local governing authority in the case of a road which is
part of a county road system or municipal street system for the costs of removal of said obstructions or encroachments
and the costs of repairs to the public road incurred by such department or local governing authority, including any costs
associated with traffic management; provided, however, that such costs shall be limited to those costs which are directly
incurred from such damages. Costs incurred for traffic management may include, but not be limited to, costs incurred for
flagging, signing, or provision of detours, provided that these activities are directly caused by the obstruction,
encroachment, or injury to the public road system. The court may, in addition to any other sentence authorized by law,
order a person convicted of violating this Code section to make such restitution for the offense.
(c) Nothing in this Code section shall abridge or limit any authority provided by law for the installation and operation of
vending machines at welcome centers, tourist centers, and safety rest areas. Nothing in this Code section shall limit in any
way the department's authority to lease property to state or federal agencies, counties, or municipalities as provided for in
Code Section 32-7-5, or limit the Department of Transportation's ability to grant a license to any utility or railroad
corporation as defined in Code Section 46-1-1.
6. Authority of department, counties, and municipalities to regulate parking; parking vehicles or leaving vehicles
unattended on right of way of public road on state highway system. Notwithstanding Code Section 40-6-200 and Code
Sections 40-6-202 through 40-6-204:
(1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state
highway system, including extensions thereof into or through municipalities. Whenever any state or local law
enforcement officer finds a vehicle parked in violation of law or the department's regulations, such officer or employee is
authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the
vehicle is unattended, such officer is authorized to remove or provide for the removal of such vehicle to the nearest
garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are
further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or
personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department
determines to be a threat to public health or safety or to mitigate traffic congestion;
(2) A county may regulate and control the parking of vehicles on the county road system and to this end the county may
place parking meters on or immediately adjacent to any or all such roads, except extensions into a municipality, for the
purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A county
may also place such parking meters on or adjacent to any public road on the state highway system located within the
county and outside the corporate limits of a municipality when authorized by the department pursuant to paragraph (1)
of this Code section;
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(3) A municipality may regulate and control the parking of vehicles on its municipal street system and on extensions of
a county road system within its corporate limits and to this end may place parking meters on or immediately adjacent to
any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge
for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state
highway system located within the corporate limits of the municipality when authorized by the department pursuant to
paragraph (1) of this Code section; and
(4) It shall be unlawful for any person to park or leave unattended any vehicle upon the right of way of any public road
on the state highway system for over 48 hours.
7. Uniform regulations governing erection and maintenance of traffic -control devices; placement, removal, defacement,
damaging, or sale of devices
(a) The department shall promulgate uniform regulations governing the erection and maintenance on the public roads
of Georgia of signs, signals, markings, or other traffic -control devices, such uniform regulations to supplement and be
consistent with the laws of this state. Insofar as practical, with due regard to the needs of the public roads of Georgia,
such uniform regulations shall conform to the recommended regulations as approved by the American Association of
State Highway and Transportation Officials.
(b) In conformity with its uniform regulations, the department shall place and maintain, or cause to be placed and
maintained, such traffic -control devices upon the public roads of the state highway system as it shall deem necessary to
regulate, warn, or guide traffic, except that the department shall place and maintain a sign for each railroad crossing at
grade on the state highway system, warning motorists of such crossing, provided that each railroad company shall also
erect and maintain a railroad crossbuck sign on its right of way at every such crossing. The department may remove or
direct removal of all traffic -control devices and signs which are erected on the state highway system by any governing
authority without the permission of the department.
(c) In conformity with the uniform regulations of the department:
(1) Counties and municipalities shall place and maintain upon the public roads of their respective public road systems
such traffic -control devices as are necessary to regulate, warn, or guide traffic except that counties and municipalities also
shall erect and maintain a sign for each railroad crossing at grade on their respective county road or municipal street
systems, warning motorists of such crossing. Furthermore, each railroad company shall erect and maintain a railroad
crossbuck sign on its right of way at all such crossings; and
(2) Counties, on their respective road systems, shall place and maintain on each county road which is authorized as a
designated local truck route, pursuant to official resolution of the county and approval of the commissioner, at each
intersection of such road with a state highway signs identifying such county road as a designated local truck route and
giving notice of the maximum weight limits for such designated local truck route in accordance with subsection (f) of
Code Section 32-6-26.
(d) It shall be unlawful for any person to remove, deface, or damage in any way any official traffic -control device lawfully
erected or maintained pursuant to this Code section or any other law.
(e) No person, firm, corporation, or other entity shall offer for sale any sign, signal, marking, or other device intended to
regulate, warn, or guide traffic upon the public roads of this state, unless it conforms with the uniform regulations
promulgated under subsection (a) of this Code section. Any person, firm, corporation, or other entity who sells any sign,
signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state in violation
of this Code section shall make restitution to the purchaser in an amount equal to the entire sum, plus interest, originally
paid for the sign, signal, marking, or other device. Any person, firm, corporation, or other entity who knowingly sells any
sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state in
violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
7. Erection, placement, or maintenance of unlawful or unauthorized structure; removal thereof; penalty for violation
35
(a) (1) It shall be unlawful for any person to erect, place, or maintain within the dedicated right of way of any public
road any sign, signal, or other device except as authorized by this subsection or subsection (d) of this Code section or as
required or authorized by Code Section 32-6-50 or any other law.
(2) The erection, placement, and maintenance of signs within the dedicated rights of way of county roads or municipal
streets may be authorized and governed by ordinances adopted by governing authorities of counties and municipalities
having jurisdiction over such roads or streets, which ordinances as to such dedicated rights of way of county roads or
municipal streets may be as or less restrictive than the provisions of paragraph (1) of this subsection.
(b) It shall be unlawful for any person to erect, place, or maintain in a place or position visible from any public road any
unauthorized sign, signal, device, or other structure which:
(1) Imitates, resembles, or purports to be an official traffic -control device;
(2) Hides from view or interferes with the effectiveness of any official traffic -control device;
(3) Obstructs a clear view from any public road to any other portion of such public road, to intersecting or adjoining
public roads, or to property abutting such public road in such a manner as to constitute a hazard to traffic on such roads;
or
(4) Because of its nature, construction, or operation, constitutes a dangerous distraction to or interferes with the vision of
drivers of motor vehicles.
(c) Any sign, signal, device, or other structure erected, placed, or maintained on the dedicated right of way of any public
road in violation of subsection (a) or (b) of this Code section or in violation of any ordinance adopted pursuant to
subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public
road affected may remove or direct the removal of the same. Where any sign, signal, device, or other structure is erected,
placed, or maintained in violation of subsection (b) of this Code section, but not on the dedicated right of way of any
public road, the officials having jurisdiction of the public road affected may order the removal of such structure by
written notice to the owner of the structure or the owner of the land on which the structure is located. If such structure is
not removed within 30 days after the giving of such order of removal, such officials are authorized to remove or cause to
be removed such structure and to submit a statement of expenses incurred in the removal to the owner of the structure or
to the owner of the land on which the structure is located. If payment or arrangement to make payment is not made
within 60 days after the receipt of said statement, the department shall certify the amount thereof for collection to the
Attorney General.
(d) (1) As used in this subsection, the term:
(A) 'Bus shelter" means a shelter or bench located at bus stops for the convenience of passengers of public
transportation systems owned and operated by governmental units or public authorities or located on county or
municipality rights of way for the convenience of residents.
(B) "Commercial advertisements" means any printed or painted signs on a bus shelter for which space has been rented
or leased from the owner of such shelter.
(2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the
rights of way of public roads subject to the following conditions and requirements:
(A) Any public transit system wishing to erect and maintain a bus shelter on the right of way of a state road shall
apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the
bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval
is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the
federal -aid system. This paragraph shall entitle only public transit systems or their designated agents the right to be
issued permits under this paragraph;
(B) If the bus shelter is to be located on the right of way of a public road other than a state road within a county or
36
municipality, application for permission to erect and maintain such shelter shall be made to the respective county or
municipality. Such application shall conform to the county's and municipality's regulations governing the erection and
maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the
applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such
transit agency or authority and subject to the approval of such agency or authority; and
(C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a state road, the
department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum
setback requirements as follows:
(i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to
any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or
(ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main
traveled roadway.
(3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this
subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the
consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public
safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or
the governing authority of the respective county or municipality. In every case of removal of a bus shelter as a hazard to
public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its
removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public
nuisance, if such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order
of removal by the department or the governing authority of the respective county or municipality, the department or the
governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a
statement of expenses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for
removal of a shelter on a state road, if payment or arrangement to make payment is not made within 60 days after the
receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection.
(4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way
of a public road or who places such shelter on a public road other than a state road shall at all times assume all risks for
the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or
municipality against all losses or damages resulting solely from the existence of the bus shelter.
(5) Permits for shelters on state roads shall be issued under this subsection only to cities, counties, or public
transportation authorities owning or operating public transportation systems or their designated agents.
(e) Each sign erected, placed, or maintained in violation of paragraph (1) of subsection (a) of this Code section shall
constitute a separate offense.
(f) Any person who violates paragraph (1) of subsection (a) of this Code section shall be punished the same as for littering
under Code Section 16-743. Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.
8 Department recommendation as to approval or rejection of plat submitted by planning commission
A planning commission shall submit two copies of the proposed subdivision plat to the department if such proposed
subdivision includes or abuts on any part of the state highway system or where the proposed subdivision requires access
to the state highway system. The department, within 30 days of receipt of the plat, shall recommend approval and note its
recommendation on the copy to be returned to the planning commission or recommend rejection. Failure of the
department to act within this 30 day period shall constitute approval. If the plat is recommended for rejection, the reasons
for rejection and requirements for approval shall be given the commission in writing; such rejection shall be binding on
the planning commission unless the planning commission, by official action recorded in its minutes, overrules such
department action.
37
Where the department is required to make recommendations to a planning commission under Code Section 32-6-151 or
to approve a proposed plat under Code Section 32-6-152, the department, in addition to considering other factors, shall
base its recommendation or approval on the following being provided for in the plat:
(1) Dedication to the department in fee simple of any portion of the subdivision which includes any part of the state
highway system, such dedication to include land necessary for future widening of the state highway system; and
(2) An adequate provision for traffic safety in laying out public roads, drives, driveways, or access ways which enter the
state highway system.
9. Payment by Department of Transportation of costs of removal and relocation of utility facilities necessitated by
construction of public roads
(a) The department is authorized to pay or participate in the payment of the costs of removing and relocating any of the
following facilities or any component part thereof if they are owned by a municipal corporation, county, state agency, or
by an authority created under the laws of Georgia pertaining to public utilities, without regard to whether such facilities
were originally installed upon rights of way of the state highway system or a county road system or a municipal street
system, where such removal and relocation is made necessary by the construction or maintenance of any public road by
the department: water distribution and sanitary sewer facilities and systems for producing, transmitting, or distributing
communications, power, electricity, light, heat, gas, steam, waste, and storm water not connected with highway drainage,
including fire and police signals, traffic -control devices, and street lighting systems.
(b) As to municipal corporations, counties, state agencies, and authorities controlled by such municipal corporations,
counties, or other state agencies, the department is authorized to waive provisions in existing permits and agreements in
conflict with this article.
(c) The costs of removing and relocating the facilities listed in subsection (a) of this Code section, which costs the
department is authorized to pay or participate in by this Code section, shall be limited to the costs of removing and
relocating those facilities which are physically in place and in conflict with proposed construction and, where
replacement is necessary, to the costs of replacement in kind. That proportion of the costs representing improvement or
betterment in a facility shall be excluded from the costs eligible for payment or participation by the department under this
Code section, except to the extent that such improvement or betterment is made necessary by the public road construction
or maintenance.
(d) All costs incurred by the department under this Code section shall be deemed to be a part of the costs of the project
requiring removal and relocation of any of the facilities listed in subsection (a) of this Code section.
10.. Authority of department to order removal and relocation of utility facilities; giving notice to utility; procedure by
department upon failure of utility to remove facility
(a) Any utility using or occupying any part of a public road which the department has undertaken to improve or intends
to improve shall remove and relocate its facility when, in the reasonable opinion of the department, the facility constitutes
an obstruction or interference with the use or safe operation of such road by the traveling public or when, in the
reasonable opinion of the department, the facility will interfere with such contemplated construction or maintenance.
(b) Whenever the department reasonably determines it necessary to have a utility facility removed and relocated, the
department shall give to the utility at least 60 days' written notice directing the removal and relocation of such utility
obstruction. If the utility does not thereafter begin removal within a reasonable time sufficient to allow for engineering
and other procedures reasonably necessary to the removal and relocation of the utility facility, the department may give
the utility a final notice directing that such removal shall commence not later than ten days from the receipt of such final
notice. If such utility does not, within ten days from receipt of such final notice, begin to remove or relocate the facility or,
having so begun removal or relocation, thereafter fails to complete the removal or relocation within a reasonable time, the
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department may remove or relocate the same with its own employees or by employing or contracting for the necessary
engineering, labor, tools, equipment, supervision, or other necessary services or materials and whatever else is necessary
to accomplish the removal or relocation; and the expenses of such removal or relocation may be paid and collected as
provided in Code Section 32-6-173.
11. Authority of department to obtain replacement right of way for relocated utility
(a) Whenever a public road improvement necessitates the acquisition by the department of a utility's privately owned
rights of way and the relocation of such utility's facilities, the department may, with the written consent of the utility,
provide a replacement right of way.
(b) Whenever a public road improvement requires the relocation of a utility occupying public road rights of way, the
department may, at the written request of such utility, provide to the utility a right of way which is not on a public road
right of way. In this event, the utility shall reimburse the department for the acquisition costs.
(c) Title to property acquired for utility relocations under subsection (a) or (b) of this Code section and as authorized by
Code Section 32-3-1 may be transferred to such utility as authorized in Code Section 32-7-3. However, the procedures for
sale of property as set forth in Code Section 32-7-4 shall not be applicable to the transfer of property acquired for utility
relocation. Any such property transfer to the utility shall be conveyed by the execution of a quitclaim deed by the
commissioner.
12. Payment of expenses of removal and relocation of utility facilities
The expenses incurred by the department as a result of utility removal and relocation pursuant to subsection (b) of Code
Section 32-6-171, including the cost of acquiring new land or interests therein pursuant to subsection (b) of Code Section
32-6-172, shall be paid out of the available appropriations of the department for the construction or maintenance of public
roads. A statement of such expenses shall be submitted to the utility, which shall make payment to the department. In the
event the utility does not make payment or arrange to make payment to the department within 60 days after the receipt of
said statement, the department shall certify the amount for collection to the Attorney General. However, nothing in this
Code section shall restrict the authority of the department pursuant to Code Section 32-6-170 to pay any or all of the
expenses of removal and relocation of government owned utilities; and, furthermore, nothing in this article shall be
construed so as to deprive any utility, relocated from a location in which it owned a property interest, of compensation
for such property interest.
13. Authority of department, counties, and municipalities to substitute for, relocate, or abandon public roads
Whenever deemed in the public interest, the department or a county or a municipality may substitute for, relocate, or
abandon any public road that is under its respective jurisdiction, provided that a county or municipality shall first obtain
the approval of the department if any expenditure of federal or state funds is required.
14. Procedure for abandonment
(a) (1) Before abandoning any public road on the state highway system, the department shall confer with the governing
authority of the counties or municipalities concerned and give due consideration to their wishes in such abandonment;
but in case of disagreement the judgment of the department shall prevail.
(2) When it is determined that a section of the state highway system has for any reason ceased to be used by the public
to the extent that no substantial public purpose is served by it and after having conferred with the counties and
municipalities, the department, by certification signed by the commissioner and accompanied by a plat or sketch, may
declare that section of the state highway system abandoned. Thereafter, that section of road shall no longer be a part of
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the state highway system and the rights of the public in and to the section of road as a public road shall cease.
(3) Prior to certifying the abandonment of a road or section thereof, the department shall give notice of its intentions to
the counties or municipalities through which such road passes.
(4) If such county or municipality, by proper resolution, indicates its willingness and desire to take over the road that is
proposed to be abandoned and to maintain such road, the certificate of abandonment shall so state; and thereafter the
abandoned road shall form part of the county road or municipal street system of the particular county or municipality.
Whenever the department abandons a road and a county or a municipality takes over the road, the department shall
convey, by quitclaim deed executed by the commissioner, such road to the county or municipality. If the appropriate
county or municipality is unwilling to take over the road and maintain it, the property may be disposed of by the
department as provided in Code Section 32-7-4, provided that, if the county or municipality has not indicated its desire to
take over the road within 30 days after receiving notice, it shall be conclusively presumed that the county or municipality
is unwilling to take over the road; and provided, further, that before the department disposes of the abandoned road it
shall give 15 days' notice to the county or municipality, during which time such county or municipality may reconsider its
decision and take over the road.
(b) (1) When it is determined that a section of the county road system has for any reason ceased to be used by the public to
the extent that no substantial public purpose is served by it, the county, by certification recorded in its minutes,
accompanied by a plat or sketch, and, after notice to property owners located thereon, after notice of such determination
is published in the newspaper in which the sheriffs advertisements for the county are published once a week for a period
of two weeks, and after a public hearing on such issue, may declare that section of the county road system abandoned.
Thereafter, that section of road shall no longer be part of the county road system and the rights of the public in and to the
section of road as a public road shall cease.
(2) Prior to certifying the abandonment of a road or section thereof, the county shall give notice of its intention to the
municipality into which or through which any part of such road passes.
(3) If such municipality, by proper resolution, indicates its willingness and desire to take over the road that is proposed
to be abandoned and to maintain such road, the certification of abandonment shall so state; and thereafter that part of the
abandoned road within the municipality shall form part of the municipal street system of the particular municipality.
Whenever a county abandons a road and a municipality takes over the road, the county, by quitclaim deed executed by
the chairman or presiding officer, shall convey such road to the municipality. If such municipality is unwilling to take
over the road and maintain it, the property may be disposed of by the county as provided for in Code Section 32-74,
provided that, if the municipality has not indicated its desire to take over the road within 30 days after receiving notice, it
shall be conclusively presumed the municipality is unwilling to take over the road; and provided, further, that before the
county disposes of the abandoned road it shall give 15 days' notice to the municipality during which time such
municipality may reconsider its decision and take over the road.
(c) When it is determined that a section of the municipal street system has for any reason ceased to be used by the public
to the extent that no substantial public purpose is served by it, the municipality, by certification recorded in its minutes,
accompanied by a plat or sketch, and after notice to property owners located thereon, may declare that section of the
municipal street system abandoned. Thereafter, that section of road shall no longer be a part of the municipal street
system and the rights of the public in and to that section of street as a public road shall cease. The property may be
disposed of by the municipality as provided in Code Section 32-74.
15. Authority of department, counties, and municipalities to dispose of property no longer needed for public road
purposes
Whenever any property has been acquired in any manner by the department, a county, or a municipality for public road
purposes and thereafter the department, county, or municipality determines that all or any part of the property or any
interest therein is no longer needed for such purposes because of changed conditions, the department or the county or
municipality is authorized to dispose of such property or such interest therein in accordance with Code Section 32-7-4.
Any disposition of property acquired for utility relocation, as provided for in Code Section 32-6-172, or on which utilities
are located shall not be subject to Code Section 32-7-4; and no provision of this title shall be construed to prevent the
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department from conveying to the federal government land or interests in land acquired for federal parkways in Georgia,
as provided in Article 2 of Chapter 3 of this title.
16. Procedure for disposition of property
(a) (1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality
shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county,
or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title
through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in
writing delivered to the appropriate owner or by publication if his address is unknown; and he shall have the right to
acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary,
shall be in a newspaper of general circulation in the county where the property is located.
(2) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein is being
disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed
upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original
acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county,
or municipality decides the property is no longer needed.
(3) If the right of acquisition is not exercised within 60 days after due notice, the department, county, or municipality
may proceed to sell such property as provided in subsection (b) of this Code section.
(b) (1) (A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made
to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks.
The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to
readvertise, or to abandon the sale.
(B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will
ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one
week after the first publication. Such advertisement shall include but not be limited to the following items:
(i) A description sufficient to enable the public to identify the property;
(ii) The time and place for submission and opening of sealed bids;
(iii) The right of the department or the county or municipality to reject any one or all of the bids;
(iv) All the conditions of sale; and
(v) Such further information as the department or the county or municipality may deem advisable as in the public
interest.
(2) (A) Such sale of property may be made by a county or municipality by listing the property through a real estate
broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is
located or outside the county if no such business is located in the county where the property is located. Property shall be
listed for a period of at least three months. Such property shall not be sold at less than its fair market value. All sales shall
be approved by the governing authority of the county at a regular meeting and shall be open to the public at which
meeting public comments shall be allowed regarding such sale.
(B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the
county or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county
indicating the names of real estate brokers listing the property for the political subdivision. The county or municipality
may advertise in magazines relating to the sale of real estate or similar publications.
(C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such
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property pursuant to the provisions of paragraph (1) of this subsection.
(3) (A) Such sale of property may be made by a county or municipality to the highest bidder at a public auction
conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair
market value.
(B) The county or municipality shall provide for a notice to be inserted once a week for the two weeks immediately
preceding the auction in the legal organ of the county including, at a minimum, the following items:
(i) A description sufficient to enable the public to identify the property;
(ii) The time and place of the public auction;
(iii) The right of the department or the county or municipality to reject any one or all of the bids;
(iv) All the conditions of sale; and
(v) Such further information as the department or the county or municipality may deem advisable as in the public
interest.
The county or municipality may advertise in magazines relating to the sale of real estate or similar publications.
(C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such
property pursuant to the provisions of paragraph (1) of this subsection.
(c) Any conveyance of property shall require the approval of the department, county, or municipality, by order of the
commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in
the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner,
chairman, or presiding officer may execute a quitclaim deed conveying such property to the purchaser. All proceeds
arising from such sales shall be paid into and constitute a part of the funds of the seller.
17.. Leasing property not needed for public road purposes
(a) In order that any interest in real property acquired for public road or other transportation purposes may be used
most economically, the department, counties, or municipalities, in addition to the authority granted in Code Section 32-7-
3 to dispose of property no longer needed and in subsection (b) of Code Section 32-3-3 to exchange property, may,
notwithstanding Article 2 of Chapter 16 of Title 50, the "State Properties Code," improve, use, maintain, or lease any
interest in property acquired for public road or other transportation purposes that is not presently needed for such
purposes.
(b) If the department, a county, or municipality decides to lease any such property or interest therein, the owner of such
property at the time of its acquisition or his successor in interest shall have the right to lease such property at an
appraised fair market value to be determined by the department, county, or municipality for such period of time until the
property is needed for public road or other transportation purposes. However, if at the time of acquisition such property
was leased to a tenant, the tenant, instead of the owner or his successor in interest, shall have the first right to lease such
property at the appraised fair market value. If the owner, his successor in interest, or the tenant of the property does not
lease such property, the department, county, or municipality shall have the right to lease such property at a price equal to
the highest sealed public bid, if the bid is acceptable to the department, county, or municipality, for such period of time
until the property is needed for public road or other transportation purposes. If no bids or bids which are insufficient are
received, the department, county, or municipality may readvertise for new public bids. The department, county, or
municipality may negotiate a lease with any state or federal agency, county, or municipality without the aforesaid
requirement of sealed bids or leasing to the former owner. The department, county, or municipality shall have the right to
impose reasonable restrictions, terms, or conditions on the use of such leased property.
(c) Separate and distinct from the department's authority to lease property in subsection (b) of this Code section, the
department has the authority to negotiate a lease of any property contained within the rights of way of any nonlimited-
access public road and not presently needed for public road purposes or rights of way under bridges or viaducts on
limited -access public roads and not presently needed for public road purposes. If the department decides to lease any
such property, the property shall be leased, at an appraised fair market value to be determined by the department, to the
owner or the lessee of the property adjacent to the department's rights of way for the purposes of parking. Such property
shall only be used for the purposes of providing parking and shall not be subleased without the department's prior
approval. Plans for the use of said property must be submitted to and approved by the department prior to any
construction. Regardless of any financial expenditures by the lessee, no lease granted under this subsection shall merge
into and become a property interest of the lessee or a sublessee. The department shall reserve the right to terminate any
lease without cause upon 30 days' written notice to the lessee. Notwithstanding any provisions of Code Section 48-2-17,
all net revenues derived from the lease of any of the department's property used for the purposes of providing parking
shall be utilized by the department to offset the cost of maintaining the public roads of the state.
(d) Unless said property or interest therein is leased to a tax-exempt person or body, it shall be subject to all applicable
taxes, both real and personal.
(e) The department or any county or municipality may negotiate a lease with any state or federal agency, county, or
municipality for the use of the property for any purpose for which the agency, county, or municipality may put property
it owns in fee and without complying with the requirement for sealed bids or leasing to the former owner contained in
this Code section.
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