HomeMy WebLinkAboutORDINANCE NO. 07-02-08STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 07-02-08
AN ORDINANCE TO AMEND CHAPTER 16 STREETS AND SIDEWALKS OF THE CODE
OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA AS ATTACHED HERETO
AND INCORPORATED HEREIN
BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on
February 15, 2007 at 7:00 p.m. as follows:
SECTION 1. That the Ordinance to relating to Streets and Sidewalks shall include
reference to the Georgia Department of Transportation Construction Specifications is hereby
adopted and approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. This Ordinance is effective upon its adoption;
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 15'' day of February, 2007
Attest:
Kpi&x �k ))
canAte Marchiafava, City Clerk
( eal)
Joe Lock ood, Mayor
a"-' Chapter 16: Streets and Sidewalks
Article 1: Repairs and Maintenance.
Section 1: Authority.
The City of Milton Community Services Department shall be authorized to repair or maintain or
contract with third parties for the repair or maintenance of all public streets and sidewalks within the
City. Repair and maintenance includes the removal of foliage, debris, or any other obstruction that
blocks clear vision or obstructs pedestrian traffic. The City may delegate by contract the duties of the
Community Services Department to a third party.
Section 2: Permit Required.
(a) No person or company shall perform construction work in the street right-of-way without a
permit issued by the City. Such permit shall be posted at the construction site at all times.
Such construction must conform to the construction/maintenance guidelines and
specifications of the City of Milton and/or the Georgia Department of Transportation.
(b) No person or company shall construct a drive or entrance to any public road without a permit
from the City.
(c) It shall be unlawful for any person to construct any permanent feature such as an irrigation
system, sign or fence in the street right-of-way without a permit from the
City.
Section 3: Permit Procedure.
(a) Any permit shall indicate in writing the following:
(i) All proposed repair, work, maintenance, or alteration to existing City sidewalks or
streets, including when possible, proposed measurements and plats of any repair,
alteration, or maintenance.
(ii) Compliance with applicable local, state, and federal laws.
(b) The City is authorized to establish additional guidelines for applying for permits. Said
guidelines shall be consistent with this Code and must be approved by the City Manager.
Section 4: Road Signage and Warnings.
(a) Each person or company to whom a permit has been issued to perform construction work in
the street right-of-way shall place appropriate traffic devices and signage as dictated by the
current edition of the Manual on Uniform Traffic Control Devices.
(b) It is unlawful for any person, firm, or corporation who obtains a permit under this Chapter to
do any excavation of any kind which may create or cause a dangerous condition in or near
^' any street, alley, sidewalk, or public place of the City without placing and maintaining proper
guard rails and signal lights or other warnings at, in or around the same, sufficient to warn the
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public of the excavation or work, and to protect all persons using reasonable care from
injuries.
Section 5: Repair After Excavation.
(a) When any part of any street, alley, or other property of the City shall be torn or dug up for
any purpose, the person or company performing such construction work shall promptly
restore the street, sidewalk, and landscaping to a condition as good as or better condition than
before the construction commenced.
(b) The City may conduct a final inspection to insure that the street, sidewalk, or public way is
restored to a condition as good in all respects as before the excavation or work was made or
done, and that all debris, materials, tools, and equipment are removed.
Section 6. Creation of Roads.
The City Engineer or his designate shall approve the design for any new roads within the City of
Milton.
a) The standard construction specifications shall be the online document, The GDOT
Source: http://tomcat2.dot.state.ga.us/thesource/specs/index.html . The English system of
measurement shall be used.
b) Enforcement shall be by engineering testing on portions of all portions of private projects
within the City right-of-way or areas shown on approved construction plans as "to be
dedicated" or "future right-of-way." All portions of City projects will use required
testing. The City selected engineering testing companies will be paid by developer as a
permit fee.
Section 7: Creation of Sidewalks.
Sidewalks shall be installed as follows:
(a) All owners, developers, or occupiers of parcels of land where a development permit or
building permit is issued shall be required to provide a sidewalk adjacent to any public street
along the entire lot frontage.
(b) In cases where a development permit or building permit is sought on a tract of land proposed
for single family development for less than 200 lots, the City shall authorize sidewalk
installation along one side of proposed public or private streets except where he determines
sidewalks are necessary for safety or public convenience on both sides of the road. The City
may allow sidewalks to be developed on both sides of the road where the developer or
property owner requests sidewalks to be constructed on both sides of the road. Single Family
developments over 200 lots require sidewalks on both sides of any public or private street.
Subsequently, the development permit shall indicate proposed construction of sidewalks
along the entire road frontage on the designated sides of all proposed streets. The sidewalk
shall be installed and the construction accepted by the City prior to a Certificate of
Occupancy being issued for any building or structure for any lot or project on the designated
sidewalk side of the roadway. Such sidewalk shall conform to the AASHTO and ADA
requirements and to all applicable overlay district guidelines and standards.
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own" (c) In the case of non -single family development, sidewalks shall be required to be represented
on design plans and development plans and installed in accordance
a" with such plans along the total property frontage on public streets as required by the City.
(d) In the event of private roadways in non -single family developments, sidewalks shall be
installed as required by the Design Review Board and approved by the City.
(e) Where the City determines the topography of the road frontage is such that a special hardship
exists on the property, they may authorize a payment to the City of Milton in lieu of the
required installation of the sidewalk. Criteria shall be established for all such approved
hardships by the City to determine how the amount of payment will be calculated. Such
criteria to determine the method of calculating such payment shall be approved by the City
Manager or thereupon may be amended by the City Manager thereafter.
(f) Where trees exist or other conditions exist, the City may require the sidewalks to meander in
the right of way or into the lot where the permit is being sought. The City may encourage all
sidewalks to meander where conditions allow such to occur.
(g) The City shall require the sidewalk to be installed at least 2 feet from the edge of the road
pavement or the back of curb along the road unless the City determines a practical difficulty
exists. Where the City has determined a practical difficulty exists, the sidewalk shall be
installed no closer than the edge of the road or the back of the curb.
(h) Exceptions. This section shall not apply to any lot or parcel for which a development permit
or building permit is issued but where the City determines that the permit is for an accessory
use or structure to the principal use or structure or for minor repairs or additions to the
principal building or structure in existence.
(i) Along public roads where a City sidewalk project is being or has been awarded for
construction, the City may accept payment in lieu of the actual installation of the required
sidewalk where the acceptance of funds would be appropriate. Any payment in lieu of the
installation of the required sidewalk shall be in an amount determined by the City or his
designee. The funds received shall be deposited in an account of the City and restricted to use
for the installation of sidewalks.
(j) The installation of the required sidewalk shall be completed prior to a Certificate of
Occupancy being issued for the building or structure on the affected parcel.
Section 8: Existing Sidewalks.
(a) For any land or building development where sidewalks are required as outlined in
Section 7 of this Article, and there is an existing sidewalk along the road or street frontage, an
inspection of the sidewalk shall be made by the City. If the inspection shows the sidewalk is
deficient or does not exist along the entire frontage, the owner must construct or repair the
sidewalk to current design specifications including material revisions, such as concrete to
brick, as required by the City.
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(b) The property owner shall be required to maintain the sidewalk along the entire lot frontage by
..e. maintaining the grass or landscaping installed between the sidewalk and the edge or curb of
the roadway. This section applies to newly created sidewalks.
low
(c) No person shall be permitted to erect any drain, gutter, downspout, valley, flat, or
sloping roof of any character that will in any manner drain or shed water on any
sidewalk of this City.
Article 2: Prohibitions.
Section 1: Obstruction of Right -of -Way.
(a) No person shall place or cause to place in any street and/or sidewalk: debris, rubbish,
irrigation water, boxes, displays, signs, poles, goods, merchandise, or any other object so as
to impede and/or endanger traffic on streets and/or sidewalks.
(b) No person or company shall construct or maintain a drive, yard, or lot constructed of gravel,
pebbles, or stone in such a manner that vehicles cause loose stones, pebbles or gravel to be
thrown on to the adjacent street and/or sidewalk.
(c) Any personal property placed on the right-of-way following an eviction shall be removed
within twenty-four (24) hours of physical eviction unless an extension of time is requested on
behalf of the evicted tenant. For purposes of this ordinance such property is deemed
woo abandoned property twenty-four (24) hours following eviction unless the landlord by contract
specifies a shorter time. If the property is not removed within twenty-four (24) hours, the City
may commence removal and cite the property owner. The penalty assessed shall be one
hundred twenty-five percent (125%) of the cost the City incurs in removing the property.
Section 2: Skateboards and Bicycles.
(a) No person shall ride a bicycle or propel roller-skates, skateboards, or other similar devices
upon a public street, highway, or sidewalk in a manner which would constitute an
unreasonable danger to the public or which would disrupt the public's ordinary and
customary use of such street, highway or sidewalk.
(b) No person shall ride a bicycle, or propel roller-skates, skateboards, or other similar devices on
sidewalks which are properly designated for pedestrians only. The City may erect or have
erected signs on any sidewalk or roadway prohibiting the riding of bicycles or propelling of
roller-skates, skateboards, or other similar devices. When such signs are in place, no person
shall disobey the signs.
(c) Whenever any person is riding a bicycle or skating upon a sidewalk, that person shall yield
the right-of-way to any pedestrian and shall give audible signal before overtaking and passing
the pedestrian.
(d) Any person violating any provision of this section shall be subject to the penalties provided in
Section 1-3-1 of this Code. Provided, however, that any offender under the age of seventeen
(17) years shall be treated as provided by State law as contained in the Official Code of
Georgia Annotated, Title 15. The parent of any child and the guardian of the person of any
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ward shall not authorize or knowingly permit that child or ward to violate any provision of
FOR this section.
am Section 3: Assemblies, Demonstrations, and Parades.
Regulation of assemblies, demonstrations, and parades are governed by Chapter 18, Assemblages in
Public Places, of this Code.
Article 3: Street Numbers.
Section 1: Assignment.
All houses and buildings fronting the various streets and alleys in the City shall be numbered under
the City's uniform addressing system.
Section 2: Application.
Each owner of a house or building, or part thereof, shall apply to the City Manager or his/her
designee for the proper number of the house or building, or part thereof.
Section 3: Record Log.
The City shall keep a chart showing the proper street number of every lot, house, and building in the
City. Such chart shall be open to inspection by anyone interested.
Section 4: Visibility.
It shall be the duty of the owner(s) of every house or building in the City to have placed thereon or in
a place where the house or building can be specifically identified, the street number of the house or
building. The street number shall be clearly visible from the street to pedestrians and vehicles going
in either direction.
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