HomeMy WebLinkAboutPacket-06-21-2007CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Neal O’Brien
Tina D’Aversa
Rick Mohrig
Thursday, June 21, 2007 Regular Council Meeting Agenda 7:00 PM
INVOCATION - Raymond Westbrook, former pastor and lifelong resident of Milton
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
4)
(Agenda Item No. 07-278)
APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
1) Proclamation dedicating 750 Hickory Flat Road i
officially name the facility the “Christopher B. Ma
(Presented by Councilmember Bill Lusk)
n Milton, Georgia to Officer May and
y Public Safety Building”.
7) CONSENT AGENDA
(Agenda Item No. 07-279)
1. Approval of Land Development Final Plats
a) The Manor 1-B
b) The Manor 1-C
c) Crabapple Station
d) Hampton Manor
(Tom Wilson, Community Development Director)
e) Clearbrook II
f) The Highlands @ North Valley
g) King Estates Manor
Page 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting, should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 21, 2007 - 7:00 PM
(Agenda Item No. 07-280)
2. Approval of Financial Statements for the period ending May, 2007.
(Carol Wolfe, City Treasurer)
8) ZONING AGENDA
(Agenda Item No. 07-281)
1. ZM07-001 - Zoning Modification – Applicant: Chris McCrary for Waterford Homes
Location: 649 Dunbrody Drive, Lot 59 Crabapple Station Subdivision.
(Tom Wilson, Community Development Director)
(Agenda Item No. 07-282)
2. RZ07-004 – Text Amendment to City Of Milton Zoning Ordinance Chapter 19.4.1,
19.4.2, Use Permit for Adult Book Store and Adult Entertainment Establishments.
(Tom Wilson, Community Development Director)
9) FIRST PRESENTATION
(Agenda Item No. 07-283)
1. Approval of an Ordinance Amending the Right-of-Way Ordinance.
(Presented by Tami Hamlin, Community Services Director)
10) UNFINISHED BUSINESS
(Agenda Item No. 07-271)
1. Approval of an Ordinance Amending the Rules of Procedure for City Council meetings
and Public Hearings for the City of Milton.
(Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court)
11) NEW BUSINESS
PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
(Agenda Item No. 07-284)
1. Approval of Alcoholic Beverage License Application for Toyko Sushi, Inc. located at
980 Birmingham Road, Suite 303, Alpharetta, GA, 30004. Applicant is Chen Mei Chan J
for Consumption on the Premises – Wine/Malt Beverage.
(Presented by Carol Wolfe, City Treasurer)
END OF PUBLIC HEARING
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting, should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 21, 2007 - 7:00 PM
12) MAYOR AND COUNCIL REPORTS (none at this time)
13) STAFF REPORTS (none at this time)
(Agenda Item No. 07-285)
14) EXECUTIVE SESSION
The purpose of the Executive Session is to discuss personnel.
(Presented by Mark Scott, City Attorney)
(Agenda Item No. 07-286)
15) ADJOURNMENT
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting, should call 678-242-2500.
_______________________
PROCLAMATION
WHEREAS, The City of Milton, Georgia is a newly incorporated City in Fulton County, Georgia and
the new owner of a public safety precinct located at 750 Hickory Flat Road, Milton,
Georgia; and
WHEREAS, At the time the precinct was opened it was the policy of Fulton County to name buildings
or portions thereof as deemed appropriate by the Board of Commissioners of Fulton
County; and
WHEREAS, On August 19, 1991, around 8:00 p.m. Fulton County Police Officer Christopher B. May
responded to a “person shot” call and assisted the injured after arrival; and
WHEREAS, After assisting the injured, and while checking next door for possible leads or suspects,
Officer May encountered a hidden perpetrator with a high-powered rifle; and
WHEREAS, Officer May was shot and killed by the perpetrator while in the line of duty; and
WHEREAS, Christopher Bieker May dedicated his life to the Fulton County Police Department in a
manner such that it was fitting that a Fulton County facility be dedicated to him; and
WHEREAS, The City of Milton wishes to formally acknowledge its intent to keep the facility named
after Officer May; and
WHEREAS, Officer May’s courageous actions in 1991 are yet another example of the dedicated
service of the officers of the Fulton County Police Department to the citizens of the City
of Milton;
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate and
proclaim the public safety precinct located at 750 Hickory Flat Road in Milton, Georgia to Officer May
and officially name the facility the “Christopher B. May Public Safety Building”.
Given under my hand and the Seal of the City of Milton, Georgia on this 21st of June, 2007
Joe Lockwood
Mayor
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: June 13, 2007
FROM: City Manager
AGENDA ITEM: LAND %4ELOPMENT FINAL PLATS
MEETING DATE: Thursday, June 21, 2007 Work Session
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: MAPPROVED
CI TY A TTORNE Y APPROVAL REQUIRED: (} YES
CITY ATTORNEY REVIEW REQUIRED: j YES
APPROVAL BY CITY ATTORNEY 6<APPROVED
PLACED ON AGENDA FOR:
REMARKS: IJV
{ } NOT APPROVED
k NO
() NO
() NOT APPROVED
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
TO: City Council
FROM: Tom Wilson, Director Community Development
DATE: May 31, 2007
AGENDA ITEM: Land Development Final Plats
MEETING DATE:June 21, 2007 Council Review
The following Final Plats are presented to the Council for acceptance of the public
features/infrastructure that has been dedicated to the city. The plats meet all the
requirements and standards of the city and the Georgia Plat Act. They have been approved
by the Director of Community Development and have been properly recorded. Acceptance is
considered routine.
1.The Manor 1-B
a.LL 326-328 2nd district 2nd section - revise addresses lots 330, 337, 323 and
326
2.The Manor 1-C
a.LL 325-327, 394-398 2nd district 2nd section, revise address lot 316
3.Crabapple Station
a.LL 1170 2nd district 2nd section - revise lot lines lots 22-41 and common areas
4, 5
4.Hampton Manor
a.LL 387, 406 2nd district 2nd section - revise D.E. lot 16
5.Clearbrook II
a. LL 680, 689 2nd district 2nd section - revise lot lines lots 33 and 34
6.The Highlands @ North Valley
a.LL 478, 531 2nd district 2nd section - change street name from Fairfax Drive
to Fairfax Lane
7.King Estates Manor
a.LL 1143, 1144, 1161, 1162 2nd district 2nd section - revise rear setback lot 8
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM!
DATE: June 13, 2007
FROM: City Manager
AGENDA ITEM: FINANC6,L STATUS REPORT FOR PERIOD 8 — May 2007
MEETING DATE: Thursday, June 21, 2007 Work Session
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandurn
APPROVAL BY CITY MANAGER: APPROVED () NOTAPPROVED
CITY A TTORNEY APPROVAL REQUIRED: () YES
C1 TY A TTORNE Y RE VIEW REQ U1RED: () YES
APPROVAL BY CITY ATTORNEY () APPROVED
PLACED ON AGENDA FOR:Uu {�
REMARKS:
NO
j NO
() NOT APPROVED
FINANCIAL
STATEMENTS
Memo
To: The Honorable Mayor and City Councilmembers
From: Carol Wolfe, Director of Operations
CC: Aaron Bovos, City Manager
Bill Doughty, Communications Manager
Carol Haag, Executive Aide
Tami Hanlin, Community Services Director
Stacey Inglis, Finance Manager
Jeanette Marchiafava, City/Court Clerk
Chris Lagerbloom, Public Safety Director
Charles Millican, Deputy Public Safety Director
Mike Tuller, Deputy Community Development Director
Tom Wilson, Community Development Director
Date: 615!2007
Re: Financial Status Report for Period 8 --- May 2007
OVERVIEW and FINANCIAL HIGHLIGHTS:
The attached financial statements represent figures as of the close of period 8, May 2007. The
financial status report includes Budget -to -Actual Revenue & Expenditure Reports for each fund, a Cash
Flow Actual & Projected Report and a status on procurement activities, capital projects, and grants.
General Fund
With 60% of the City's ten-month fiscal year lapsed and operations in full swing, general fund
revenues are substantially lower than expenditures, which is to be expected given the
scheduee of property tax collection. Revenue sources that are trending significantly higher than
anticipated are local option sales tax, alcohol beverage excise tax, alcohol beverage licenses
and investment earnings. Motor vehicle tax and false alarm registration are trending slightly
lower than anticipated and adjustments have been recommended to reduce the revenue
budget in these areas.
Expenditures are tracking within anticipated levels, currently in total at 60.9% of budget.
Capital Project Fund
Expenditures within this fund continue to occur on a project -by -project basis. With a total
project expenditure budget of $450,040, capital expenditures -to -date total $2,594,408.
FINANCIAL OPERATIONS:
Tree Replacement Fund: Balance: $0
Sidewalk Replacement Fund: Balance: $20,247
City of Milton
Statement of Revenues, Expenditures, and Changes in Fund Balances
Governmental Funds
For the Period Ended May 31, 2007
Total
Capital Governmental
General Project Funds
REVENUES
$
-
Taxes:
-
$
Property Tax
S - S $
2,233,517
Local Option Sales Tax
1,381,118
1,381,118
Other Taxes
972,601
972,601
Licenses and permits
248,188
248,188
Intergovernmental
-
-
Charges for services
405,127 99,077
504,204
Fines/Forfeitures
- -
-
Investment earnings
64,229 -
64,229
Contributions and Donations
3.270 20,247
23,517
Other
- -
-
Total revenues
$ 3,074,533 $ 119,324 S
3,193,857
EXPENDITURES
Current:
Unallocated
$
-
$
-
$
General government
2,233,517
-
Public safety
3,351,956
2,575,575
Community Services
963,368
-
Economic and community development
568,471
-
Culture and recreation
1,076
19,751
Capital outlay
-
-
Total expenditures
$
7,118.388
$
2.595,326
$
Excess (deficiency) of revenues
over(under)expenditures
(4,043,856)
(2,476,002)
OTHER FINANCING SOURCES (USES)
Transfers in
$
-
$
100,000
$
Transfers out
(100,000)
-
Sale of capital assets
-
-
insurance Proceeds
-
-
Capital lease proceeds
2,475,047
Note interest
(79,272)
-
Bond principal
-
_
Total other financing sources (uses)
S
(179,272)
S
2,575,047
$
Net change in fund balances
(4,223,128)
99,046
Fund balances - beginning
-
Fund balances - ending
$
(4,223,128)
$
99,046
5
The accompanying notes to the financial statements
are an integral
part
of this statement.
2,233,517
5,927,531
963,368
568,471
20,826
9,713,714
(6,519,857)
100,000
(100,000)
2,475,047
(79,272)
2,395,775
City of Milton
General Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2007
The accompanying notes to the financial statements are an integral part of this statement.
Variance with
Original & Final
Final Budget -
Budgeted Amounts
Actual Amounts
Positive (Negative)
REVENUES
Taxes:
Property Tax
$
6.868,142
$
-
$
(6,868,142)
Local Option Sales Tax
2,496,629
1,381,1 18
(1,115,511)
Business & Occ Tax
600,000
561,556
(98,444)
Motor Vehicle Tax
345,911
168,669
(177,242)
Intangible Tax
201,000
136,485
(64,515)
Real Estate Transfer Tax
59,940
32,581
(27,359)
Alcohol Beverage Excise Tax
15,000
92,976
77,976
HotellMotel Excise Tax
25,497
20,101
(5,396)
Financial Institution Tax
25,004
20,233
(4,768)
Licenses and Permits
181,727
248,188
66,451
Intergovernmental
-
-
-
Charges for Service:
Franchise Fees
823,000
390,396
(432,604)
Other Charges for Service
284,332
14.731
(269,601)
FineslForfeitums
416,000
-
(416,000)
Investment Earnings
2,500
64,229
61,729
Contributions and Donations
-
3,270
3,270
Other
-
-
Total revenues
$
12,344,878
$
3,074,533
3
(9,270,146)
EXPENDITURES
Current'
General government
Mayor and Council
$
297,368
$
129,657
$
167,711
Clerk of the Council
171,488
90,950
80,538
City Manager
796,816
463,087
333,729
Legal Services
110,000
95,230
14,770
Municipal Court
329,521
164,271
165,250
Operations
2,060,543
1,240,256
820,287
Risk Management
389,000
50,066
338,934
Operating Reserve
246,894
-
246,894
Total General Government
$
4,401,630
$
2,233,517
$
2,168,113
Pubic safety
4,721,935
3,351,956
1,359,979
Community Services
1,448,449
964,444
483,996
Economic and Community Development
1,123,388
568,471
554,917
Total expenditures
$
11,695,393
$
7,118,388
$
4,577,005
Excess of revenues over expenditures
$
649,285
$
(4,043,856)
$
(4,693,141)
OTHER FINANCING SOURCES (USES)
Transfers out
(150,600)
(100,000)
59,000
Capital lease payment
(282,785)
262,785
TAN interest
(150,000)
(79,272)
74,728
COP principal
(86,500)
-
86,500
Total other financing sources and uses
$
(649,285)
$
(179,272)
$
(470,013}
Net change in fund balances
(4,223,128)
4,223,128
Fund balances - beginning
-
-
Fund balances - ending
$
$
(4,223,128)
$
4,223,128
The accompanying notes to the financial statements are an integral part of this statement.
City of Milton
Capital Project Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2007
REVENUES
Charges for Service
Host Fees
Solid Waste Fees
Sidewalk Replacement Account
Total revenues
EXPENDITURES
Capital Outlay
Unallocated:
Public Safety
Community Services - Public Works
Community Services - Recreation & Parks
Total Capital Outlay
Excess of revenues over expenditures
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund
Lease Proceeds
Total other financing sources and uses
Net change in fund balances
Fund balances - beginning
Fund balances - ending
Original & Final
Budgeted Amounts
Variance with
Final Budget -
Actual Amounts Positive (Negative)
5
250,000
$
83,123
$
(166,877)
50,000
15,954
(34,046)
-
20,247
20,247
$
300,000
$
119,324
5
(180,676)
$
71,261
$
-
$
71,261
94,000
2,575,575
(2,481,575)
265,000
-
265,000
19.739
19,751
(12)
$
450,000
$
2,595,326
$
(2,145,326)
(150,000)
(2,476,002)
(2,326,002)
$
150,000
5
100,000
$
(50,000)
-
2,475,047
2,475,047
$
-
$
2,575,047
$
2,475,047
(15Q,000)
99,046
249,046
5 {t 50,000} 5 99,045 $ 249,046
The accompanying nates to the financial statements are an integral part of this statement.
PROCUREMENT
STATUS
Memo
To: The Honorable Mayor and City Councilmembers
From: Carol Wolfe, Director of Operations
CC: Aaron Bovos, City Manager
Elate: 615!2007
Re: Procurement Status
Attached are two lists, one indicating purchase orders issued for the months of November 2006
through May 2007 and the other intended to provide information regarding all bids and requests for
proposal/quote. If you have any questions regarding the procurement status updates or would like
additional information, please do not hesitate to contact either myself or Kyle Jones, Budget
Coordinator. Thank you.
Attachment
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CAPITAL PROJECT
REPORT
Memo
To: The Honorable Mayor and City Council members
From: Carol Wolfe, Director of Operations
CC: Aaron Bovos, City Manager
Date: 6/5/2007
Re: Capital Project Status
Attached is a status report for each active capital project funded by a City of Milton appropriation. The
report includes the project description, project budget, encumbrances and actual expenditures -to -date -
If you have any financial questions regarding these projects, please do not hesitate to contact either
myself or Kyle Jones, Budget Coordinator. Thank you.
Attachment
U
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GRANT
STATUS
Memo
To: The Honorable Mayor and City Council members
From: Carol Wolfe, Director of Operations
CC: Aaron Bovos, City Manager
Date: 6/5/2007
Re: Grant Application and Award Status
Attached is a status report for all grants that have been applied for as well as a list of grants in the
research state and pending application. If you have any financial questions regarding these grant
projects, please do not hesitate to contact me_ Thank you.
Attachment
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Cityof M . _.................. ........... ...
_
13000 Deerfield Parkway, Suite 107, Milton, Georgia 34004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: June 13, 2037
r"
FROM: City Managers
AGENDA ITEM: ZONING ;ODIFICATION --- PETITION NO. ZM07-001
MEETING DATE: Thursday, June 21, 2007 Work Session
BACKGROUND INFORMATION: (Attach additionalpages if necessary)
See attached memorandum
APPROVAL BYCITYMANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES M NO
CITY ATTORNEY REVIEW REQUIRED: �'j YES () NO
APPROVAL BY CITY ATTORNEY ¢APPROVED (} NO T A PPRO VED
PLA CED ON A GENDA FOR: 2-�2-00-7
REMAPKS:
City of Milton
13000 Deerfield Parkway, Suite 107C Milton, GA 30004
To: Honorable Mayor and City Council
From: Tom Wilson, Community Development Director
Date: June 5, 2007
For submission onto the June 21, 2007 City Council Meeting agenda
Agenda Item: Petition No. ZM07-001
Attached is the staff analysis for ZM07-001. Chris McCrary, for Waterford Homes is
requesting a modification to the minimum side yard of Lot #59 to allow a 5 foot setback,
instead of a 10 foot setback, along the south property line. Included are the staff
analysis, location map, site plan, and staff’s recommendation which is approval with
conditions.
PETITION NUMBER:
ZM07-001
PROPERTY INFORMATION
ADDRESS 649 Dunbrody Drive (Lot #59)
LAND LOT, DISTRICT 1170
OVERLAY DISTRICT Crabapple Crossroads
EXISTING ZONING MIX (Mixed Use) Z2004-093 (Crabapple Station)
EXISTING USE Undeveloped single family residential lot
PROPOSED USE Single family residence
OWNER/PETITIONER Waterford Homes
ADDRESS 5880 Live Oak Parkway Suite 180, Norcross, GA 30093
PHONE 770-448-2175
REPRESENTATIVE Chris McCrary, McFarland-Dyer & Associates
ADDRESS 4174 Silver Peak Parkway, Suwanee, GA 30024
PHONE 770-932-6550
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM07-001 APPROVAL W/ CONDITIONS
1
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 21, 2007
6/14/2007 (X:Boards of Commissions/modifications/ZM07-001)
ZM07-001
Condition to be Modified:
(Case Z2004-093)
3. To the owner’s agreement to the following site development
considerations:
a. The minimum design standards for the single family residential
lots are as follows:
7 lots labled 59-65 on the revised site plan as referenced in
condition 2.a.
Minimum lot width: 80 feet
Minimum lot size: 11,000 square feet
Maximum front yard: 20 feet
Minimum side yard: 10 feet
Minimum side corner yard: 10 feet
Minimum rear yard: 10 feet
Analysis and Recommendation:
The subject site is zoned MIX (Mixed Use), pursuant to Z2004-093. The applicant is
seeking a modification of lot #59 to reduce the required 10-foot minimum side
yard setback of lot 59 to 5 feet along the southern property line adjacent to lot
#60.
The applicant, in the letter of intent, indicates that due to the location of the
shared alley-way located between lots #59 and #58 the proposed building on
lot #59 needs to shift to the south, five foot into the side setback. The applicant
also indicates that that the owner of lot #59 also owns adjacent lots #60 and
#58.
Staff is of the opinion that the reduction of the side yard from 10 feet to 5 feet
would be consistent with the intent of the overall plan for the subdivision and the
Crabapple Crossroads Plan that encourages alley-ways to allow garages to be
placed in the rear of the house. Staff is also of the opinion that the proposed
modification would have minimal adverse on the adjacent properties.
Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed
modification.
2
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 21, 2007
6/14/2007 (X:Boards of Commissions/modifications/ZM07-001)
ZM07-001
CONCLUSION:
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (Z2004-093) should be revised to read as follows:
3. To the owner’s agreement to the following site development
considerations:
b. The minimum design standards for the single family residential
lots are as follows:
7 lots labled 59-65 on the revised site plan as referenced in
condition 2.a.
Minimum lot width: 80 feet
Minimum lot size: 11,000 square feet
Maximum front yard: 20 feet
Minimum side yard: 10 feet, except for lot #59 shall be 5 feet
along the south property line
Minimum side corner yard: 10 feet
Minimum rear yard: 10 feet
3
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 21, 2007
6/14/2007 (X:Boards of Commissions/modifications/ZM07-001)
ZM07-001
ZM07-001 LOCATION MAP
4
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 21, 2007
6/14/2007 (X:Boards of Commissions/modifications/ZM07-001)
ZM07-001
SITE PLAN – LOT #59
5
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 21, 2007
6/14/2007 (X:Boards of Commissions/modifications/ZM07-001)
ZM07-001
City of Milton
_
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: June 13, 2007
FROM: City Manager
AGENDA ITEM: TEXT AMENDMENT TO CITY OF MILTON ZONING ORDINANCE,
CHAPTER 19.4.1, 19.4.2, USE PERMIT FOR ADULT BOOK STORE
AND ADULT ENTERTAINMENT ESTABLISHMENTS.
MEETING DATE: Thursday, June 21, 2007 Work Session
BACKGROUND 1NFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPRO VAL BY C/ TY MANAGER: (� APPROVED { } NOT APPROVED
CITY ATTORNEYAPPROVAL REQUIRED: (A YES ()NO
CITYATTORNEY REVIEW REQUIRED: 0 YES ()NO
APPROVAL BY CITY ATTORNEY N APPRO VED () NOT APPROVED
PLACED ON AGENDA FOR: jD",�, ;?� e Zoo?
REMARKS:
City of Milton
13000 Deerfield Parkway Suite 107G Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Mark E. Scott, City Attorney
Date: June 7, 2007 for submission onto June 21, 2007 agenda
Agenda Item: Approval of Amendments to Zoning Ordinance Regarding Adult Businesses
City Attorney Recommendation:
Adopt the attached ordinance amending the zoning ordinance regarding the districts in which
permits can be granted for adult businesses.
Background:
When we adopted the Sexually Oriented Businesses Ordinance, there was one item left
undone. In order to fully implement the ordinance, we needed to modify the Zoning Ordinance
in order to actually allow such a business to be permitted somewhere in the City. This is
because the required distances from residences, churches, schools and other types of family-
oriented uses would not allow such a business to be permitted in the M-1 zoned land in the City
as it is only 11 acres and all of it within the restricted distance from such uses. Accordingly, this
Ordinance amends the Zoning Ordinance to remedy this.
Discussion:
We cannot allow the permitting of Sexually Oriented Businesses in one ordinance, but yet make
it impossible to get such a permit based on zoning requirements. Accordingly, we need to
“expand” on paper the types of zoning district where such a permit could be granted if all other
requirements or conditions for such a use could be met. After review and analysis of the Zoning
Map, Tom Wilson and I concluded that a 500 foot distance from “family oriented” land uses and
allowance for such a permit in C-1 and C-2 commercial districts would conceivable allow such a
use to be permitted in the lower southeastern, largely commercial area of the City. It is
important to note, however, that all of this property that is more than 500 feet from such a use is
contained within the Deerfield development, which is deed-restricted against such uses. State
law has determined that an ordinance which allows the permitting of such a use only in a deed-
restricted area is not unconstitutional. This is the best way that we can comply with first
amendment law on freedom of expression while still properly regulating the health, safety and
welfare of the citizens of Milton.
Alternatives:
None.
Concurrent Review:
Aaron J. Bovos, City Manager
Tom Wilson, Community Development Director
ARTICLE XIX
Section 19.4
Use Permits
19.4. MINIMUM USE PERMIT STANDARDS.
19.4.1. ADULT BOOK STORE.
INTENT AND FINDINGS.
It is the intent of this article to regulate the place of operation of Adult Book
Stores as defined in this Ordinance. The City Council finds, based upon an
October, 1980, study by the Minnesota Crime Prevention Center, Inc.,
Minneapolis, Minnesota, entitled An Analysis of the Relationship Between Adult
Entertainment Establishments, Crime, and Housing Values, that adult book stores
are significantly related to diminishing market values of neighboring residential
areas, that adult book stores should not be located in residential areas, and that
adult book stores should be permitted only in locations that are at least 1/10 mile,
or approximately 500 feet, from residential areas.
The Council further finds, based upon a June, 1978, study by the Division of
Planning of the St. Paul, Minnesota, Department of Planning and Economic
Development and the Community Crime Prevention Project of the Minnesota
Crime Control Planning Board entitled Effects on Surrounding Area of Adult
Entertainment Businesses in Saint Paul, that the presence of adult book stores
correlates with a decreasing market value of neighboring residential areas, that
adult book stores tend to locate in areas of poorer residential condition, tend to be
followed by a relative worsening of the residential condition, and that more than
two adult entertainment businesses in an immediate area is associated with a
statistically significant decrease in residential property market value, and that
such a concentration of adult entertainment businesses in a given area should be
discouraged. The Board also finds that such worsening of residential conditions
will adversely affect uses found in residential areas or in the proximity of
residential areas, such as public recreational facilities, public or private
institutional uses, churches, schools, universities, colleges, trade-schools,
libraries, and day care centers.
The Council further finds, based upon a May 19, 1986, land use study conducted
in Austin, Texas, that an adult book store within one block of a residential area
decreases the market value of homes, that adult book stores are considered a sign
of decline by lenders, making underwriters hesitant to approve the 90-95%
financing many home buyers require, and that patrons of adult book stores tend to
be from outside the immediate neighborhood in which the adult book store is
located.
City Attorney Edits in Blue
Planning Commission Recommendations from 5/22/07 highlighted in pink.
1
Deleted: Amended 07/07/99 (Z97-60),
07/02/03 (2003Z -0048)¶
¶
Deleted: (Added 06/05/96, Amended
07/07/99, Amended 07/02/03)
Deleted: Resolution
Deleted: Board of Commissioners
Deleted: Board
Deleted: ¶
¶
¶
¶
¶
Deleted: Board
The Council further finds, based upon a March 3, 1986, study conducted by the
Oklahoma City, Oklahoma, Community Development Department entitled Adult
Entertainment Businesses in Oklahoma City -A Survey of Real Estate
Appraisers, that an adult bookstore will have a negative effect on residential
property market values if it is located closer than one block to residential uses.
The Council further finds that this Section of the zoning resolution regarding
regulation of adult book stores has been carefully considered by a workgroup of
City staff drawn from the areas of law enforcement, land use, land planning, and
law; by the Planning Commission at public meetings where public comment was
available; and by a committee of citizens with expertise in law, real estate, land
use, and other disciplines, who have reviewed this Section, particularly with
respect to its provisions relating to the effects of adult book stores on market
values of residential and other property, and that the information gathered and
results of this informal study support the need for these development standards.
This Section is intended to be a carefully tailored regulation to minimize the
adverse land use impacts caused by the undesirable secondary effects of adult
bookstores, and the City Council finds that restricting adult book stores to
industrially zoned areas and imposing development standards can legitimately
regulate adult book stores by establishing zones where adult book stores are most
compatible with other uses or the surrounding neighborhood, and by requiring
minimum distances to be maintained between adult bookstore uses and other uses
so as to afford the most protection to residential uses.
It is not the intent of the City Council, in enacting this Section of the Zoning
Resolution, to deny to any person rights to speech protected by the United States
or Georgia Constitutions, nor is it the intent to impose any additional limitations
or restrictions on the contents of any communicative materials, including sexually
oriented films, videotapes, books, or other materials; further, in the adoption of
this Section of the Zoning Resolution, the City Council does not intend to deny or
restrict the rights of any adult to obtain or view any sexually oriented materials
protected by the United States or Georgia Constitutions, nor does it intend to
restrict or deny any constitutionally protected rights that distributors or exhibitors
of such sexually oriented materials may have to sell, distribute, or exhibit such
constitutionally protected materials; finally, in the enactment of this ordinance,
the City Council intends to adopt a content neutral measure to address the
secondary effects of adult bookstores.
A. Required Districts: M-1, M-2 (Industrial), C-1 and C-2 (Commercial)
districts.
Deleted: Board
Deleted: Board
Deleted: the proposed amendment to
Deleted: County
Deleted: Community Zoning
BoardCouncil
Deleted: the amendment
Deleted: section
Deleted: Board of Commissioners
Deleted: Board of Commissioners
Deleted: amendment to
Deleted: zoning resolution
Deleted: amendment to
Deleted: zoning resolution
Deleted: Board of Commissioners
Deleted: Board of Commissioners
Deleted: and
Deleted: not located within the State
Route 9 Crabapple or Birmingham
Crossroads Overlay Districts only
City Attorney Edits in Blue
Planning Commission Recommendations from 5/22/07 highlighted in pink.
2
Deleted: 1,000
B. Standards:
1. All boundary lines of the property included within the use permit
as filed must be located at least 500 feet from the properties listed
below:
a. The property line of Suburban A, Suburban B, Suburban C,
R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6,
NUP, CUP, TR, A, A-L, AG-1 zoned property or property
conditioned or used for residential purposes.
b. The property line of any public recreational facilities,
public or private institutional uses, including but not
limited to churches, schools, universities, colleges, trade-
schools, libraries, day care centers and other training
facilities where minors are the primary patrons.
2. The boundary line of the use permit must be located at least 1500
feet from the property line of any other adult entertainment
establishment or adult book store.
3. Submit with the application for a Use Permit, a certified boundary
survey by a licensed surveyor of the site and the property lines of
surrounding properties identifying the use of properties at or within
1000 feet of the boundary lines of the subject property and adult
entertainment establishments or adult bookstores within 1500 feet
of the boundary line of the subject property.
4. If the adult book store is to be located in an existing structure
where a Land Disturbance Permit is not required, an existing
building permit review application must be filed and determined
by the Environment and Community Development Department to
be in compliance with the terms of this resolution prior to any
occupancy.
5.
Permitted curb cut access shall be from a Major Thoroughfare. Formatted: Highlight
Formatted: Highlight
Deleted: m
Deleted: t
City Attorney Edits in Blue
Planning Commission Recommendations from 5/22/07 highlighted in pink.
3
6. No depiction of anatomical areas or sexual activities specified in
the definition of “adult entertainment” shall be visible from outside
the structure or on signage outside the structure.
7. The minimum landscape areas required for the O-I zoning district
as specified in Section 4.23 shall be required. Where buffers are
required, the underlying zoning district buffer standards shall
apply.
19.4.1. C. Permit Issuance. : Deleted: (Added 07/02/03)
Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant
meeting the above requirements and standards shall be entitled to the
issuance of a use permit.
19.4.1. D. Permit Applications. :
Notwithstanding any other provision herein, any material omission or
untrue or misleading information contained in or left out of an application
for a use permit shall be grounds for denial of said permit.
19.4.1. E. Permit Processing. :
The City shall have ninety (90) days (unless the application is suspended
by failure of the applicant to provide data, information or records as
reasonably requested by the City and required by this code, to complete
the investigation) from receipt of a completed application for a use permit
to make a decision in which to grant or deny a use permit. The Department
of Community Development and the Planning Commission shall make
Deleted: (Added 07/02/03)
Deleted: (Added 07/02/03)
Formatted: Highlight
Deleted: County
Deleted: Environment and
Deleted: Community Zoning
BoardCouncil
Formatted: Highlight
Deleted: County
Deleted: sixty (60)
Deleted: 12030
recommendations to the City Council regarding the approval or denial of
the use permit and the Council shall make the final decision after a public
hearing regarding the same. In the event the City Council has not granted
or denied the application within ninety (90) days (unless the application is
suspended by failure of the applicant to provide data, information or
records as reasonably requested by the City to complete the investigation),
the use permit shall automatically issue.
19.4.1. F. Denial of Use Permit. :
Deleted: 12030
Formatted: Highlight
Formatted: Highlight
Deleted: Board of Commissioners
Deleted: Board
Deleted: Board of Commissioners
Deleted: sixty (60)
Deleted: County
Deleted: (Added 07/02/03)
Deleted: Board of Commissioners
Deleted: Board of Commissioners
Deleted: within days of the decision
In the event an application for a use permit is denied by the City Council,
the applicant shall be notified in writing of such denial within 10 business
days by U.S. Mail. A decision by the City Council regarding the denial of
said permit is a final action; therefore, any appeal of such decision shall be
pursued by application for Writ of Certiorari filed with the Superior Court
of Fulton County in accordance with applicable statute. . This appeal shall
City Attorney Edits in Blue
Planning Commission Recommendations from 5/22/07 highlighted in pink.
4
in no way preclude an applicant from seeking any other remedies available
at law or equity.
19.4.1. G. Permit Application. :
Nothing in this section shall allow for the conducting or zoning of any
business or entity which would otherwise be illegal.
19.4.2 ADULT ENTERTAINMENT ESTABLISHMENTS.
INTENT.
It is the intent of this Section to regulate the place and manner of the operation of
businesses or facilities that offer Adult Entertainment as defined in this
Ordinance. It is well established and has been the experience of other
communities in Georgia and throughout the United States that adult
entertainment, which includes public nudity, has been associated with and may
encourage disorderly conduct, prostitution and sexual assault. This Section
advances the substantial government interest in promoting and protecting public
health, safety, and general welfare, maintaining law and order and prohibiting
public nudity. The Section is narrowly constructed to protect the First
Amendment rights of citizens of the City of Milton while furthering the
substantial governmental interest of combating the secondary effects of public
nudity and adult entertainment from areas and uses of the community which are
incompatible. Areas and uses which are to be protected from adult entertainment
include but are not limited to residential, churches, day care centers, libraries,
recreational facilities, and schools.
A. Required Districts: M-1 (Light Industrial), M-2 (Heavy Industrial), C-1 and C-2
(Commercial) districts .
B. Standards:
1. All boundary lines of the property included within the use permit must be
located at least 500 feet from the properties listed below:
a. The property line of Suburban A, Suburban B, Suburban C, R-1,
R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP,
TR, A, A-L, AG-1 zoned property or property conditioned or used
for residential purposes.
City Attorney Edits in Blue
Planning Commission Recommendations from 5/22/07 highlighted in pink.
5
Deleted: (Added 07/02/03)
Deleted: (Added 7/1/92, Amended
11/03/93, 07/07/99, 02/07/01, 07/02/03)
Deleted: ordinance
Deleted: Fulton County
Deleted: and
Deleted: not located within the State
Route 9 Crabapple or Birmingham
Crossroads Overlay Districts
Deleted: only
Deleted: 1,000
b. The property line of any public recreational facilities, public or
private institutional uses, including but not limited to churches,
schools, universities, colleges, trade-schools, libraries, day care
centers and other training facilities where minors are the primary
patrons.
2. The boundary line of the Use Permit must be located at least 1500 feet
from the property line of any other adult entertainment establishment or
adult bookstore.
3. Submit with the application for a Use Permit, a certified boundary survey
of the site and the property lines of surrounding properties identifying the
use of properties at or within 1000 feet of the boundary lines of the subject
property and adult entertainment establishments and/or adult bookstores
within 1500 feet of the boundary line of the subject property.
4. No final Land Disturbance Permit, Building Permit, Certificate of
Occupancy, or Building Permit Review Certificate may by issued until the
approved City Adult Entertainment Business License is filed with the
Director of the Community Development Department.
5. If the adult entertainment business is to be located in an existing structure
where a Land Disturbance Permit is not required, an existing building
permit review application must be filed and approved in the Community
Development Department prior to any occupancy.
6. Building shall be located a minimum of 50 feet from all property lines.
7. Parking spaces at a ratio of 10 per 1000 gross square feet of floor space
shall be provided.
8. Permitted curb cut access shall be directly from a Major Thoroughfare.
9. On-premise signs shall not display lewd or graphic depictions of body
parts or acts which are defined in Article and Subsection 3.3.1.
10. No adult entertainment shall be visible from outside the structure.
11. The minimum landscape areas required for the O-I zoning district as
specified in Section 4.23 shall be required. Where buffers are required, the
underlying zoning district buffer standards shall apply.
City Attorney Edits in Blue
Planning Commission Recommendations from 5/22/07 highlighted in pink.
6
Deleted: Fulton County
Deleted: Environment and
Deleted: Environment and C
Formatted: Highlight
Formatted: Highlight
Deleted: m
Deleted: t
Deleted: ¶
¶
19.4.2. C. Permit Issuance. : Deleted: (Added 07/02/03)
Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant
meeting the above requirements and standards shall be entitled to the
issuance of a use permit.
19.4.2. D. Permit Applications. :
Notwithstanding any other provision herein, any material omission or
untrue or misleading information contained in or left out of an application
for a use permit shall be grounds for denial of said permit.
19.4.2. E. Permit Processing. :
The City
Formatted: Highlight
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Deleted: County
Deleted: 12030
Deleted: sixty (60)
Deleted: County
Deleted: Department of Environment
and
shall have ninety (90) days (unless the application is suspended
by failure of the applicant to provide data, information or records as
reasonably requested by the City and required by this code, to complete
the investigation) from receipt of a completed application for a use permit
to make a decision in which to grant or deny a use permit. The
Community Development Deparatment and the Planning Commission
shall make recommendations to the City Council regarding the approval or
denial of the use permit and the Council shall make the final decision after
a public hearing regarding the same. In the event the City Council has not
granted or
application is suspended by failure of the applicant to provide data,
information or records as reasonably requested by the City to complete the
investigation), the use permit shall automatically issue.
19.4.2. F. Denial of Use Permit. :
In the event an application for a use permit is denied by the City Council,
the applicant shall be notified in writing of such denial within 10 business
days by U.S. Mail. A decision by the City Council regarding the denial of
said permit is a final action; therefore, any appeal of such decision shall be
pursued by application for Writ of Certiorari filed with the Superior Court
of Fulton County within 30 days of the decision. This appeal shall in no
way preclude an applicant from seeking any other remedies available at
law or equity.
19.4.2. G. Permit Application. :
Nothing in this section shall allow for the conducting or zoning of any
business or entity which would otherwise be illegal.
City Attorney Edits in Blue
Planning Commission Recommendations from 5/22/07 highlighted in pink.
7
Deleted: (Added 07/02/03)
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denied the application within ninety (90) days (unless the
Formatted: Highlight
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BoardCouncil
Deleted: Board of Commissioners
Deleted: Board
Deleted: Board of Commissioners
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Formatted: Highlight
Deleted: sixty (60)
Deleted: County
Deleted: (Added 07/02/03)
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Deleted:
Deleted: (Added 07/02/03)
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: June 13, 2007
FROM: City Manager'
AGENDA ITEM: APPROV L OF AN ORDINANCE AMENDING THE RIGHT-OF-WAY
ORDINANCE
MEETING DATE: Thursday, June 21, 2007 Work Session
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL B Y CITY MANAGER: kAPPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (} YES NO
CITY A TTORNEY REVIEW REQUIRED: { YES () NO
APPROVAL BY CITY ATTORNEY P<APPRO VED (} NOT APPROVED
PLACED ON AGENDA FOR: 3W �, 2J,
2-001
REMARKS:
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Tami Hanlin, Community Services Director
From: Abbie Jones, PE
Date: June 5, 2007 for submission onto the June 21, 2007 City Council meeting for First
Presentation and July 12, 2007 City Council meeting for Second Reading
Agenda Item: Amendments to the Right-of-Way Ordinance
Engineer Recommendation:
The Staff recommends approval of the Right-of-Way Ordinance as edited.
Background:
Staff has suggested additional edits through the public process timeline and as particular
related circumstances have occurred. Other edits to 2nd reads have been recommended for
adoption of the final document.
Discussion:
The summary high points are as follows:
•Additional definitions
•Include space for Appendix A-Milton Trail Plan
•Move Exhibit A to Appendix B (speed limit list)
•Minor edits to better clarify code, remove repeats
•Edits to prepare for Milton Trail Plan
•Edits to better explain rural vs urban definitions
Alternatives:
1.Defer to consider edits further
2.Adopt as is and start process over again for edits.
Concurrent Review:
City of Milton
Tom Wilson, Community Development
Melissa Henderson, Community Development
Mark Law, Community Development
Chris Lagerbloom, Public Safety-Police
Chad McGibbony, Public Safety-Fire
Roddy Motes, Field Services
Matt Fallstrom, Field Services
Mark Scott, City Attorney
Jim Seeba, Community Services
Page 1 of 1
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE# _____
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT THE CITY OF MILTON RIGHT-OF-WAY ORDINANCE AS
ATTACHED HERETO AND INCORPORATED HEREIN
BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on
______at 7 p.m. as follows:
SECTION 1. That the Ordinance to relating to right-of-way construction standards and
specifications, prohibitions and uses, traffic impact studies, and construction standards and
details is needed and benefits the safety and welfare of the general public;
SECTION 2. This Ordinance is effective upon its adoption.
SECTION 3.All other ordinances in conflict are repealed.
ORDAINED this the ____ day of June, 2007
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette Marchiafava, City Clerk
(Seal)
Right-of-Way Ordinance
Draft April 19, 2007
Draft April 30, 2007
Draft June 3, 2007
Community Services Department
Table of Contents
Table of Contents............................................................................................................................ 0
Article 1: Definitions of Terms ....................................................................................................1
Article 2: Traffic Control ............................................................................................................... 8
Article 3: Speed Limits................................................................................................................. 10
Article 4: Truck Routes ................................................................................................................ 11
Article 5: Construction Standards and Specifications ..........................................................14
Article 6: Prohibitions and Uses ................................................................................................ 21
Article 7: Street Numbers and Road Names ........................................................................... 26
Article 8: Traffic Impact Studies ............................................................................................... 27
Article 9: Construction Standards and Details....................................................................... 32
Article 1: Definitions of Terms
ARC-Atlanta Regional Commission. This is the MPO for the City of Milton and the official holder of TIP
monies given by the state.
Alley: Narrow public or private street; More commonly, a way through the middle of a block giving
access to the rear or properties.
Arterial-a roadway with greater than 10,000 vpd. This is a level of functional classification and Milton
roads will be listed on the official Functional Classification Map annually updated.
Bicycle Facilities: Bike lanes, Multi-Use Paths, trails, bike racks, and other related improvements. These
are defined further in the Bike and Pedestrian Master Plan.
Bimodal semitrailer means a detachable load-carrying unit designed to be attached to a coupling on the
rear of a truck by which it is partially supported during movement over the highway and designed either
with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the
rails.
Capital Improvements: any work or materials applied to an existing asset that restores that asset or
infrastructure to a “like new” condition, and/or improves the performance and/or reliability levels of the
asset beyond the capabilities of the original installation, or performs a duty or service that was not
previously. A capital improvement plan is commonly known as a CIP.
CDBG-Community Development Block Grant
Citation: ticket for infraction within City Codes and Ordinances.
City Engineer: Transportation Engineer, or his or her designee.
Collector-a roadway with between 4,000 and 10,000 vpd. This is a level of functional classification and
Milton roads will be listed on the official Functional Classification Map annually updated.
Commercial driveway: As used in this part, the term "commercial driveway" means any private
entrance, exit, ramp, tunnel, bridge, side road, or other vehicular passageway to any property used for
commercial purposes, except a farm or a dwelling house not exceeding a four-family capacity, and
leading to or from any public road on the state highway system.
Destinations: Stores, Restaurants, Schools, Banks, Offices, Other places of employment, Daycares,
Residential Community Facilities(i.e. pools, tennis courts, club house), Hospitals or Health Facilities,
Churches and other places of Worship, Recreation and Parks Facilities, privately owned recreation
facilities, Entertainment Venues, Transit Facilities and other related locations.
Driver means every person who drives or is in actual physical control of a vehicle.
FHWA-Federal Highway Administration
Functional Classification: a listing and map which identifies which roads are major arterial, minor
arterial, and collector.
GAB: Graded aggregate base (ie “Gravel”)
GDOT-Georgia Dept. of Transportation
Page 1 of 41
GIS-Geographic Information System
Governing authority- means the Mayor and City Council of Milton, Georgia, and where delegated by the
Mayor and Council, the City of Milton Police Department and/or any other city personnel.
GRTA-Greater Regional Transportation Authority
Gross weight means the weight of a vehicle without load plus the weight of any load thereon.
Motor vehicle means every vehicle that is self propelled.
HOA-Homeowner’s Association. The official point of communications with the City shall be with the
President or as designated to a professional Property Manager.
IGA-Intergovernmental Agreement. Usually between two or more municipalities
Inter-Connectivity: Ability to easily move between locations because of planning along designated routes.
These alternative routes assist the transportation system in lessening the effects of “point loading.” Often
private property development connections between adjacent properties may not occur concurrently
because the parcels likely have different ownership (ie pieces to an overall puzzle may be built
separately). City projects are required to have logical termini as that type of development will cross
multiple parcels and be funded publicly. Reference City maps and reports: Transportation Master Plan
and Bike and Pedestrian Master Plan.
Internal Capture: Internal trips which are expressed as a rate of capture (percentage of trips that occurs
within the site).
Internal trips: Trips that are made within a multi-use or mixed-use development, by vehicle or by an
alternate mode, such as walking.
LARP-Local Assistance Resurfacing Program
Level of Service (LOS): A quantitative and qualitative measure of how well traffic flows on a given street
or highway. Level of Service relates to such factors as highway width, number of lanes, percentage of
trucks, total traffic volume, turning movements, lateral clearances, grades, sight distance, capacity in
relation to volume, travel speed and other factors which affect the quality of flow. Level of Service is
typically summarized by letter grades described as follows:
Highway Levels of Service per 15minute flow period and intended for application to segments of
significant length per direction per Highway Capacity Manual 2000
Level "A" is nearly free flow conditions with low traffic volumes, high speeds and free-flow
conditions. Passing demand is well below capacity. Drivers are delayed no more than 40 percent
of their travel time by slow-moving vehicles. A maximum flow rate of 490 pc/h total in both
directions may be achieved with base conditions. Speeds are at or above the posted speed limit
may require strict enforcement.
Level "B" is nearly free flow conditions with light traffic volumes, minor speed restrictions and
stable flow. The demand for passing to maintain desired speeds becomes significant and
approximates the lower boundary of the LOS B. Drivers are delayed in platoons up to 55 percent
of the time. Service flow rates of 780pc/h total in both directions can be achieved under base
conditions. Above this flow rate, the number of platoons increase dramatically. Speeds are still
very near the posted speed limit.
Page 2 of 41
Formatted: Indent: Left: 36 pt
Level "C" is nearly free flow conditions, moderate traffic volumes, where speed and
maneuvering are restricted to a limited degree by the amount of traffic. This results in noticeable
increases in platoon formation, platoon size, and frequency of passing impediments. Although
the flow is stable, it is susceptible to congestion due to turning traffic and slow-moving vehicles.
Percent time-following may reach 70 percent. A service flow rate of up to 1190pc/h total in both
directions can be accommodated under base conditions. Speeds are still near the posted speed
limit.
Level "D" is a condition with heavy traffic operating at tolerable speeds and restricted
maneuverability, although temporary slowdowns in flow may occur. The two opposing traffic
streams befin to operate separately at higher volume levels, as passing becomes extremely
difficult. Passing demand is high, but passing capacity approaches zero. Mean platoon sizes of 5
to 10 vehicles are common, although speeds of 40mph can still be maintained under bse
conditions. Turning vehicles and roadside distractions cause major shock waves in the traffic
stream. Motorists are delayed in platoons for nearly 85 percent of their travel time. Maximum
service flow rates of 1830pc/h total in both directions can be maintained under base conditions.
Level "E" is considered at capacity, a condition of very heavy flow, very little if any freedom to
maneuver, and reasonably low speeds. Under Level "E" the traffic is unstable and short stoppage
may occur. Traffic flow conditions have a percent time-spent following greater than 85 percent.
Even under base flow conditions, speeds may drop below 40mph. Average travel speeds on
highways with less than base conditions will be slower, even down to 25mph on sustained
upgrades. Passing is virtually impossible at LOS E and platooning becomes intense, as slower
vehicles or other interruptions are encountered. The higheste volume attainable under LOS E
defines the capacity of the highway, generally 3200pc/h total in both directions. Operating
conditions at capacity are unstable and difficult to predict. Traffic operations seldom reach near
capacity on rural highways, primarily because of lack of demand.
Level "F" is a condition of extremely heavy flow, with frequent stoppage, significant queuing at
constricted points and very slow speeds. It is an unstable traffic condition under which traffic
often comes to a complete halt. Volumes are lower than capacity and speeds are highly variable.
Stop Controlled Intersection Levels of Service, per approach per Highway Capacity Manual 2000
Level "A" is average control delay of 0-10 seconds per vehicle (s/veh)
Level "B" is average control delay of 10-15 seconds per vehicle (s/veh)
Level "C" is average control delay of 15-25 seconds per vehicle (s/veh)
Level "D" is average control delay of 25-35 seconds per vehicle (s/veh)
Level "E" is average control delay of 35-50 seconds per vehicle (s/veh)
Level "F" is average control delay of greater than 50 seconds per vehicle (s/veh)
Signalized Intersection Levels of Service, per lane per approach per Highway Capacity Manual
2000
Level "A" is average control delay of 0-10 seconds per vehicle (s/veh)
Level "B" is average control delay of 10-20 seconds per vehicle (s/veh)
Level "C" is average control delay of 20-35 seconds per vehicle (s/veh)
Level "D" is average control delay of 35-55 seconds per vehicle (s/veh)
Level "E" is average control delay of 55-80 seconds per vehicle (s/veh)
Level "F" is average control delay of greater than 80 seconds per vehicle (s/veh)
Local-roads with volumes of less than 4000vpd. This is a level of functional classification and Milton
roads will be listed on the official Functional Classification Map annually updated.
Page 3 of 41
Deleted: LOU-Letter of
Understanding
Maintenance-work that is done regularly to keep equipment functioning properly or a neat, orderly
appearance. Examples: potholes, resurfacing*, roadside trash pickup, signal /sign/striping repairs, parks,
community buildings, grass cutting, shoulder repair, streetlight bulb replacement. Does NOT include:
major damage due to auto crashes, natural disasters, equipment damaged during construction projects,
private roads, or private entrance gates
Mitigation: to cause to become less severe, to alleviate congestion. The LOS minimum standards below
shall be used for impact assessment and mitigation analysis. (Reference GRTA DRI Technical Guidelines)
Major Arterials-LOS C
Minor Arterials- LOS C
Collectors and others-LOS C
MPO-Metropolitan Planning Organization (ARC is the ATL MPO)
MOU-Memorandum of Understanding, also LOU Letter of Understanding. Usually applies to policy
decisions formally adopted between two or more government agencies.
New trips: Total vehicle trips, minus pass-by trips, minus internal trips, if applicable.
NOV: Notice of Violation. This is the first step required before a citation for City Code offenses.
Operator means any person who drives or is in actual physical control of a motor vehicle.
Owner means a person, other than a lienholder or security interest holder, having the property in or title
to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a
security interest in or lien by another person but excludes a lessee under a lease not intended as security
except as otherwise specifically provided in this title.
Pass-by trips: Vehicle trips which are made by traffic already using the adjacent roadway and entering
the site as an intermediate stop on the way to another destination.
Peak hour: 7:00 a.m. to 8:00 a.m., or 8:00 a.m. to 9:00 a.m. or the highest four fifteen minute increments
within such time period for the a.m. peak hour; 4:00 p.m. to 5:00 p.m., 5:00 p.m. to 6:00 p.m. or the highest
four fifteen-minute increments within such a time period for the p.m. peak hour.
Peak-hour trip generation study: A study by a qualified professional of one or more actual developments
of similar land use and development characteristics which provides empirical data on the actual number
of trips entering and exiting said development(s) during the a.m. and p.m. peak hour. A peak-hour trip
generation study shall consist of a.m. and p.m. peak hour traffic counts by direction (entering and exiting)
on at least three separate weekdays if the study is based on only one similar development, or at least one
a.m. and p.m. traffic count for three different actual developments. The results of actual traffic counts
from peak-hour trip generation studies may be adjusted to discount pass-by trips as provided in this
Ordinance.
Pedestrian Facilities: Sidewalk, Path, Multi-Use Path, Trail, benches, pedestrian only bridges, public right-
of-way for walking, roller-blading, etc or other related improvements. These are further defined within
the [future] Bike and Pedestrian Master Plan.
Person means every natural person, firm, copartnership, association, or corporation.
Page 4 of 41
Pneumatic tire means every tire in which compressed air is designed to support the load. A vehicle shall
be considered equipped with pneumatic tires when pneumatic tires are used on all wheels.
Pole trailer means every vehicle without motive power designed to be drawn by another vehicle and
attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to
the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles,
pipes, or structural members capable, generally, of sustaining themselves as beams between the
supporting connections.
Police officer means every officer authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
Private Streets are roadways constructed to Fulton County or City standards but owned and maintained
by a private entity (typically a Homeowners Association). Necessary easements for ingress and egress for
police, fire, emergency vehicles, and all operating utilities shall be provided. Should the City of Milton,
ever be petitioned to assume ownership and maintenance of the private streets prior to formal dedication
of their streets as public, they must be brought to acceptable City standards subject to the approval of the
Director of Community Services. Private road or driveway means every way or place in private
ownership and used for vehicular traffic by the owner and those having express or implied permission
from the owner, but not by other persons.
Public or private property means the right-of-way of any road or highway; any body of water or
watercourse or the shores thereof; any park, playground, building, refuge or conservation or recreation
area, and residential or farm properties, timberland or forest.
Public Streets are rights-of-way used for access owned and maintained by the federal, state, or local
government.
Professionally accepted: Published by the Institute of Transportation Engineers, or prepared by a
qualified professional under work supervised by the City, or prepared by a qualified professional; and
accepted by the City Engineer.
Qualified professional: For purposes of conducting traffic impact studies as may be required by this
Ordinance, a qualified professional shall mean a registered professional engineer with experience in
Traffic Engineering. For purposes of conducting peak hour trip generation studies, a qualified
professional shall mean a registered professional engineer with experience in Traffic Engineering, or
another professional approved by the City Engineer based on education and experience to conduct such
trip generation studies.
Qualified signal contractor: GDOT prequalified signal contractor who is familiar with our brands of
cabinet equipment
Qualified sign contractor: Determined by application. Applicant to submit resume or job experience and
photos of past installations.
Reserved Rights-of-Way: Potential right-of-way reserved for expansion or new right-of-way including
but not limited to the calculation of total allowable density and the determination of building setbacks
and buffers. In conjunction with the conveyance of any parcel affected by reserved right-of-way, the
Developer shall retain the right to require the parcel owner to dedicate the reserved right of way to the
City of Milton (at no cost or expense to the City of Milton) in the event that traffic demand warrants an
Page 5 of 41
expansion, the Transportation Master Plan shows such new location roadway, or is required as a
condition of rezoning.
Right-of-Way: the right to pass through property owned by another, as with a highway; to take
precedence in traffic
Roadway means that portion of a street, road, or highway improved, designed, or ordinarily used for
vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate
roadways, the term "roadway" shall refer to any such roadway separately, but not to all such roadways
collectively.
Rural typical sections are determined by the Future Land Use Map Agricultural zoning designation to
identify rural limits. See standard details.
School: an institution of learning for children or specialized higher education; land set apart to establish a
school.
Semi-trailer means a detachable load-carrying unit designed to be attached to a coupling on the rear of a
truck by which it is partially supported.
Sidewalk means that portion of a street between the curb lines, or the lateral lines of a railway, and the
adjacent property lines, intended for use by pedestrians.
Significant-engineering certification that substantial and commonly accepted engineering standards are
met. eg. Roadside Design Guide, ITE Handbook, MUTCD guidelines
Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than temporarily for
the purpose of and while actually engaged in receiving or discharging passengers.
STIP-State Transportation Improvement Plan
Street Lights: Lights along a right-of-way. These may be public or private; however both are subject to
City standards.
Stop or stopping:
(1) When required, means complete cessation from movement; or
(2) When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or
not, except when necessary to avoid conflict with other traffic or in compliance with the
directions of a police officer or traffic-control sign or signal.
Subdivision: As used in this part, the term "subdivision" means all divisions of a tract or parcel of land
into two or more lots, buildings, sites, or other divisions for the purpose, whether immediate or future, of
sale, legacy, or building development; includes all division of land involving a new public road or a
change in existing public roads or new drives, driveways, access ways, or changes that require access to
the state right of way; includes resubdivision; and, where appropriate to the context, relates to the process
of subdividing or to the land or area subdivided; provided, however, that the following are not included
within this definition:
a) The combination or recombination of portions of previsously platted lots where the total number
of lots is not increased and the resultant lots are equal to the standards of the municipality; and
b) The division of land into parcels of five acres or more where no new street is involved.
Page 6 of 41
Formatted: Underline
Tractor means any self-propelled vehicle designed for use as a traveling power plant or for drawing other
vehicles but having no provision for carrying loads independently.
Traffic Calming Policy: A Community Services Department policy and procedure for responding to
citizen concerns regarding speed reduction. The policy discusses the required application, site visit by
staff, technical assessment by staff, and response letters from staff.
Traffic impact study: An analysis and assessment, conducted by a qualified professional, that assesses
the effects that a discretionary development proposal’s traffic will have on the transportation network in
a community or portion thereof. Traffic impact studies vary in their range of detail and complexity
depending on the type, size and location of the proposed development.
Trailer means every vehicle with or without motive power, other than a pole trailer, designed for
carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of
its weight rests upon the towing vehicle.
Transit Facilities: Bus stops, bus shelters, bus stations, park and ride parking lots, carpool and vanpool
parking spaces, school bus stops, school bus parking yards, bus parking yards, bus only lanes, high
occupancy vehicle lanes, commuter rail lines, rail stations, taxi waiting areas, airport shuttle waiting
areas, and other related improvements. These will be further described in the [future] Transportation
Master Plan.
Transportation Conformity: Transportation conformity is a way to ensure that Federal funding and
approval goes to those transportation activities that are consistent with the air quality goals: to eliminate
violations, reduce the frequency and severity of violations and reach attainment in a timely manner.
Conformity applies to long-range transportation plans, shorter-term transportation improvement
programs (TIPs) and transportation projects funded or approved by the Federal Highway Administration
(FHWA) or the Federal Transit Administration (FTA). Conformity requirements apply in areas that either
do not meet or previously have not met certain air quality standards.
Trip: A single or one-directional travel movement with either the origin or destination of the trip inside
the study site. (Institute of Transportation (ITE): Trip Generation). Since person-trips are sometimes used
within an analysis, all “trips” in this Ordinance will be assumed to be vehicle movements and the phrase
“person trips” will be used to differentiate between those two measures.
Trip generation: An estimate of the number of vehicle trips that will be generated due to the new
development, which is calculated based on the type and amount of land uses in the proposed
development and professionally accepted trip generation rates for each such land use. Trip generation
may be expressed on an average daily basis or average peak hour (a.m., p.m. or both).
Truck means any motor vehicle having a gross weight of 18,000 pounds or over which is designed and
used for the transportation of merchandise or freight.
Truck camper means any structure designed, used or maintained primarily to be loaded on or affixed to a
motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space.
State law references: Definitions, motor vehicles and traffic, O.C.G.A. § 40-1-1.
Formatted: Font: Book Antiqua
Urban typical sections are determined by the Future Land Use Map non-Agricultural zoning designation
to identify Urban limits. See standard details
Page 7 of 41
Article 2: Traffic Control
Section 1: Adoption of State and Federal Laws
(a) For the purpose of regulating vehicles and traffic in the City, there is hereby adopted the
following Federal regulations:
(i) Parts 382, 383, 390, 391, 392, 393, 395, 396, and 397 of Title 49 of the
U.S. Code of Federal Regulations, “The Commercial Motor Vehicle Safety Act of
1986;” and
(ii) The Federal “Out of Service” Criteria as amended from time to time. Deleted: ¶
(iii) These provisions are adopted as fully as if set out at length herein. Formatted: Bullets and Numbering
(b) Adoption of state law by reference.
(i) Pursuant to Chapter 6 of Title 40 of the Official Code of Georgia Annotated, Code
Sections 40-6-372 through 40-6-376, Code Sections 40-6-1 through 40-6-395, known as
the “Uniform Rules of the Road” and the definitions contained in Code Section 40-1-1
are hereby adopted as and for the traffic regulations of this Municipality with like
effect as if recited herein.
(ii) Penalties. Unless another penalty is expressly provided for by law, ever person
convicted of any provision of this ordinance shall be punished as provided by
Chapter One, Article 3, Section 1 of this Code of Ordinances.
(iii) Effective date. This ordinance shall take effect from and after the 1st day of December,
2006.
(c) Any ordinance and/or part of this Chapter of the Code of Milton, which specifically designates
the speed limits on the public streets of the City and/or which designates one way streets, are not
affected by the adoption of the “Uniform Rules of the Road.”
Deleted: ¶
These provisions are adopted as fully
as if set out at length herein.¶
(d) The Police Department is hereby empowered and authorized to enforce all provisions of this
Chapter upon all roads the City of Milton.
Section 2: Temporary Traffic Regulations
In cases where traffic upon the streets of the City may become congested upon occasions of parades, at
theaters, and other public assemblages where large numbers of vehicles are assembled, the police may
make temporary rules directing and regulating the traffic in these congested districts, and any person,
who, after being warned of the temporary traffic regulations, shall violate them shall be liable for that
violation as for other violations of this code.
Deleted: <#>(d) City streets shall
be divided into at least three
categories. Speed limits for those
designated categories shall be set
forth in an appendix to this Code of
Ordinances.¶
<#>¶
Formatted: Bullets and Numbering
Deleted: ¶
Section 3: Funeral Processions
(a) A “Funeral Procession” is a group of vehicles traveling from a funeral home or similar business to a
cemetery or other proper burial site. Funeral processions shall be lead by a funeral vehicle such as a
hearse, and all cars in the procession shall burn regular headlights and stay in close formation.
(b) Vehicles of a funeral procession shall have the right-of-way over all vehicles, except authorized
emergency vehicles, provided such vehicles shall identify themselves by burning regular headlights
and shall keep in close formation. When the lead vehicle in a funeral procession has entered an
intersection on a green light, all other cars in the procession may proceed through the intersection,
even though such signal may change to red.
Page 8 of 41
Page 9 of 41
Deleted: Section 4: Speed Limits on
Certain Streets and Approved Detection
Devices¶
Speed limits enumerated. The maximum
speed limit on the public streets or
parts of the public streets are set forth
in an appendix to this Chapter and
incorporated herein. ¶
Speed detection devices are
authorized to be used on the streets
listed in appendix A of this section.¶
¶
Exhibit A: ¶
¶
<#>All law enforcement personnel of
the City of Milton who are certified in
the use of speed detection devices are
authorized to use such devices, in
accordance with all applicable laws
and regulations, in the following
locations as approved by the Georgia
Department of Transportation and
the Georgia Department of Public
Safety:¶
¶
The locations on the list attached
hereto as Exhibit “A” and
incorporated by reference as if set
forth here in full.¶
¶
<#>The City of Milton may add to or
amend the list of locations as outlined
in Section 4 from time to time
pursuant to the statutes and
regulations governing applications
for permits to use speed detection
devices in Georgia.¶
Article 3: Speed Limits
(a) The following speed limits and zones shall apply to the streets, roads, and public
thoroughfares within the City of Milton, in accordance with all applicable laws and regulations:
The locations on the list attached hereto as Appendix “A” and incorporated by reference as if set
forth here in full.
(b) The City of Milton may add to or amend the list of locations in Appendix B from time to time
pursuant to the statutes and regulations governing the establishment or alteration of speed limits
and zones in Georgia.
Deleted: Exhibit
Deleted: as outlined in Article 5
Section 2: Speed Limits on Certain Streets and Approved Detection Devices
Speed limits enumerated. The maximum speed limit on the public streets or parts of the public streets are
set forth in an appendix to this Chapter and incorporated herein. Speed detection devices are authorized
to be used on the streets listed in APPENDIX B of this section.
Deleted: EXHIBIT “A”¶
OFF SYSTEM¶
¶
ROAD NAME ... [1]
(a) All law enforcement personnel of the City of Milton who are certified in the use of speed
detection devices are authorized to use such devices, in accordance with all applicable laws
and regulations, in the following locations as approved by the Georgia Department of
Transportation and the Georgia Department of Public Safety:
Formatted: Bullets and Numbering
(b) The City of Milton may add to or amend the list of locations as outlined in Section 4 from
time to time pursuant to the statutes and regulations governing applications for permits to
use speed detection devices in Georgia.
Formatted: Bullets and Numbering
Page 10 of 41
Article 4: Truck Routes
Section 1: Enactment authority
The Mayor and City Council of Milton, Georgia, under the authority of Article 9, Section 2, Paragraph II
(Home Rule For Municipalities) and Article 9, Section 2, paragraph III (Supplementary Powers) of the
1983 Constitution of the State of Georgia, as amended, hereby ordain and enact into law this article.
State law references: Powers of cities over street systems, O.C.G.A. § 32-4-90 et seq.; dimensions and
weight of vehicles and loads, O.C.G.A. § 32-6-20 et seq.; ordinances for governing and policing
municipalities, O.C.G.A. § 36-35-3; police powers of local authorities over streets, O.C.G.A. § 40-6-371(1)
and (13).
Section 2: Purpose
The Governing Authority of the City of Milton, Georgia, is authorized to adopt ordinances for the
governing and policing of areas within the city limits for the purpose of protecting the public health
safety and welfare. Specifically, the governing authority may provide for the regulation and control of
motorized vehicles on the streets of the city; plan, designate, improve, manage, control and maintain an
adequate city roadway system; and determine the maximum load, weight and vehicle dimensions which
can be safely transported over each bridge on the city roadway system. Accordingly, the Mayor and City
Council hereby enact the following provisions in an effort to regulate and control motorized vehicles
within the city limits for the purpose of protecting and preserving the public health, safety, and welfare of
the citizens; to thereby curb the usage of certain residential streets in the city by trucks as cut through
routes, and to discourage the parking of such vehicles on these streets and public right of ways.
Section 3: Restrictive vehicles required to use truck routes; exceptions
All trucks are prohibited from using roadways within the city limits of Milton, except those roadways
authorized by this article as truck routes, including any amendments hereof, or as may be further
designated by the governing authority as truck routes, except when:
(1) The terminal, parking lot, repair garage, or headquarters of the restricted motor vehicle is
not a designated truck route, ingress to and egress from those places shall be made by the most
direct route available between the terminal, parking lot, repair garage or headquarters and
nearest designated truck route;
(2) A delivery or pickup is to be made at a location which is not on a designated truck route;
ingress to and egress from that location shall be made by the most direct route available between
that location and the nearest designated truck route;
(3) A delivery or pickup is to be made by a truck, road tractor, combination road tractor-trailer
within any area which is not on a designated truck route; such delivery or pickup shall only be
made between the hours of 7:00 a.m. and 7:00 p.m.
Section 4: Truck routes; posted regulatory signs
A list and map of approved truck routes shall be kept on file with the Milton Public Safety Department
and the City Clerk. The list of truck routes may be revised as deemed necessary by the Milton Public
Safety Department with the approval of the governing authority, with the entire list requiring renewal by
the governing authority biannually. All listed routes will be further identified by posted regulatory signs.
State law references: No violation of ordinance unless regulatory sign is posted on roadway, O.C.G.A. §
40-6-371(c).
Page 11 of 41
Section 5: Use of temporary truck routes by restricted vehicles
If a designated truck route, or any portion thereof, shall be under repair or otherwise temporary out of
use, restricted vehicles, as defined in this article, shall use other temporary truck routes as may be
designated by the governing authority and further identified by the posting of the regulatory traffic
control sign.
Section 6: Evidence required for restricted vehicle to be off truck route
When upon roadways other than those designated as truck routes, any person driving or in charge or
control of any of the motor vehicles restricted by this Article shall be prepared to present for inspection of
police officers his log book, weight slips, delivery slips or other written evidence of his or her destination
and point of origin to justify the presence of the restricted vehicle on a roadway other than a designated
truck route.
Section 7: Weight of vehicle and loads
No vehicle shall be operated on any roadway within the city limits of Milton, Georgia, designated as a
truck route, with a total gross weight in excess of 56,000 pounds unless the vehicle is making a pickup or
delivery on such road. The maximum gross weight of any vehicle operating on any roadway within the
city limits of Milton, Georgia, shall not exceed 80,000 pounds.
State law references: Weight of vehicles and loads on county roadways, O.C.G.A. § 32-6-26(f).
Section 8: Weight limitations on streets, bridges and culverts
(a) It shall be unlawful to operate any motor vehicle on any street within the city limits of Milton,
Georgia, where the weight of such motor vehicle, with or without load, is in excess of the weight as
limited by this Article and where signs indicating such limitations are posted. Further, it shall be
unlawful to drive any motor vehicle over a bridge or culvert within the city limits of Milton, Georgia,
over the weight capacity shown on said bridge and/or culvert.
(b) The driver and/or owner shall be liable to the city for any and all damages caused by driving an
overweight motor vehicle over any street, bridge and/or culvert with a posted sign. These damages are
in addition to any fine or punishment that may be assessed for violation of this article.
State law references: Enforcement of load limits, O.C.G.A. § 32-6-27.
Section 9: Enforcement of weight and load limitations
(a) Any person who violates the load limitations provisions of this article shall be conclusively
presumed to have damaged the public roads, including bridges within the city limits by reason of such
overloading and shall, in addition to any other penalty at law, recompensed the city for such damages in
accordance with O.C.G.A. § 32-6-27, as same may be amended.
(b) Any owner or operator of a vehicle which is operated on the public roads within the city limits of
Milton, Georgia, in violation of the weight limits provided in this article shall be required, in addition to
paying the monies provided in subsection (a) of this section, to unload all gross weight in excess of 6000
pounds over the legal weight limit before being allowed to move the vehicle.
(c) Any person authorized by state law and this Article to enforce this Article may seize the offending
vehicle of an owner who fails or whose operator has failed to pay the monies proscribed in subsection (a)
of O.C.G.A. § 32-6-27 and hold such vehicle until the proscribed moneys are paid. Any authorized person
Page 12 of 41
seizing such vehicle under this subsection or subsection (b) of this section may, when necessary, store the
vehicle, and the owner thereof shall be responsible for all reasonable storage charges thereon. When any
vehicle is seized, held, unloaded or partially unloaded under this section, the load or any part thereof
shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of
the authorized person or the city because of damage to or loss of such load or any part thereof.
State law references: Enforcement of city ordinances, O.C.G.A. § 36-35-3; enforcement of load limits,
O.C.G.A. § 32-6-27.
Section 13: Penalties; enforcement generally
(a) Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not more than $1,000.00 or no more than 60 days in jail or both for each
occurrence; and each occurrence shall be deemed a separate offense.
(b) Unless otherwise specifically provided by resolution of the Mayor and City Council, the
enforcement of this article shall be within the jurisdiction of the city's police department and any other
city officer authorized by the State of Georgia to make misdemeanor criminal arrests. Persons designated
by the governing authority are hereby authorized to issue citations or summons or both, charging
violations under this article, returnable to a court or courts having jurisdiction over state traffic offenses
or other courts having jurisdiction over violations of city ordinances.
(c) For purposes of enforcing the provisions of this article, any City of Milton, Georgia, court or courts
having jurisdiction over state traffic offenses or other courts having jurisdiction over violations of city
ordinances shall be entitled to take such action to ensure compliance, and the person convicted shall
reimburse the city for any cost or expense associated with such compliance efforts, and the city shall be
entitled to place a lien on the property or require a bond from the person to secure payment and
reimbursement for these expenses.
State law references: Court with jurisdiction for violating city ordinances dealing with traffic offenses,
O.C.G.A. § 36-32-1.
Page 13 of 41
Article 5: Construction Standards and Specifications
Where differences appear between this Ordinance and the Subdivision Ordinance, adopted on December
21, 2006 this document shall take precedence
Section 1: Repairs and Maintenance
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 rights-of-way 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.
(a) Public rights-of-way and private rights-of-way shall be held to the same standards.
(b) Maintenance of rights-of-way shall be described in a Right-of-Way Maintenance Schedule
maintained and overseen by the Community Services Department.
(c) Median maintenance-
a. Standard: Grass shall be mowed and trees trimmed on a regular basis.
b. Requests: HOA’s or businesses, or other entities may request permission and permit to
beautify median or other designated limits within rights-of-way. The group’s plant
selection and planting must be presented during application to Community Services and
Community Development for approval. Next, the group members or their landscape
contractors must participate in a safety training session at the City. Finally, the median
areas may be given additional landscaping installation and maintenance. Such
installations will not become regular maintenance items of the City should the group
disband or discontinue participation in this annual program.
Section 2: Permit Required.
(a) City permits shall be in accordance to Georgia state law, Chapter 32.
(b) No person or company shall perform construction work in the street right-of-way without a
Right-of-Way Encroachment permit issued by the City and, if necessary the Georgia Department
of Transportation. 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. The Community Services
Department shall be authorized to oversee and manage the Right-of Way Encroachment Permit.
(c) No person or company shall construct a drive or entrance to any public road without a permit
from the City, and if necessary the Georgia Department of Transportation.
(d) It shall be unlawful for any person to construct any permanent feature such as an irrigation
system, sign or fence in the public right-of-way without a permit from the City, and if necessary
from the Georgia Department of Transportation. Existing features are not necessarily
grandfathered. Reference Article 6.2
Section 3: Permit Procedure.
Page 14 of 41
Deleted: . It is intended that the
Subdivision Ordinance will be
updated in the near future.¶
Deleted: though responsibility and
ownership is private
Deleted: .
Deleted: n annual
(a) Any permit to the City 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. This shall include but is not limited to: tree trimming in the
right-of-way, utility work in the right-of-way, open street cuts, shoulder construction,
street bores, road closures, new development roads or driveways, or new lanes.
(ii) Compliance with applicable local, state, and federal laws.
(b) Permits for work within the rights-of-way established as State Routes shall be also to the Georgia
Department of Transportation, District Seven.
(c) The City is authorized to establish additional guidelines and policy for applying for permits. Said
guidelines shall be consistent with this Code and must be approved by the City Manager.
Section 4: Construction Road Signage and Warnings.
(a) Each person or company to whom a permit has been issued to perform construction work in
rights-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
(public or private), alley (public or private), sidewalk, or public place of the City without placing
and maintaining proper traffic control or other warnings at, in or around the same, sufficient to
warn the public of the excavation or work, and to protect all persons using reasonable care from
injuries. All work in rights-of-way must be conducted in a manner that is consistent with the
Manual on Uniform Traffic Control Devices (MUTCD), latest edition, the City of Milton Right-of-
Way Encroachment Permit, and Occupational Safety and Health Administration (OSHA)
standards including trenching.
(c) Road signage within rights-of-way shall be decided by Policy within the Community Services
Department, except where the jurisdiction along State Routes shall be the Georgia Department of
Transportation is required by state law.
(d) Detours and road closures shall have Georgia Department of Transportation certified Flaggers or
off-duty police officers when required by Right-of-Way Permit.
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 will conduct a final inspection known as a Punchlist 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.
(c) Steel plates are not an acceptable method of temporary restoration of lanes during roadwork
unless specifically permitted. Only if the open cut can not be restored prior to weekend or
Page 15 of 41
Deleted: guard rails and signal
lights
Deleted: .
holiday, shall steel plates be installed with pegs and coldpatch for no longer than 72 hours at the
discretion of Community Services, until work resumes. Though covered by a plate, each open
cut must be completely filled with #57 stone. Violators will be subject to a $1000 fine per instance
and location. Fines shall be calculated by calendar day and each calendar day shall receive such
Deleted: In
Deleted: this way, bores under
roadways are strongly encouraged.
fine. The City of Milton requires bores except when sufficient hardship is accepted by the City.
Section 6: Creation of Roads.
The City Engineer or his designate shall approve the design and construction for any new roads within
the City of Milton.
a) Creation of new roads shall conform to all rules set in Georgia state law, Chapter 32.
b) Functional classifications as defined in the “Definitions of Terms”
c) 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.
d) Enforcement shall be by engineering testing on all new public or private rights-of-way prior to Final
Plat approval or Certificate of Occupancy whichever is appropriate.
Engineering Testing Guidelines
(i) Road Cores and reports are required per GDOT Specifications. Asphalt or
concrete design mix will be verified by this. Field engineer with testing
company shall choose locations in cooperation with City Construction
Inspector.
1. A minimum of one road core per turn lane installation
2. A minimum of one road core per 250 linear feet of new road or road that is
being overlaid.
3. Additional locations may be required as necessary
(ii) Compaction Testing per GDOT Specifications (density and proctor) on GAB.
This will also include the proof roll with the City Construction Inspector on site.
1. A minimum of one test per turn lane installation
2. A minimum of one test per 250 linear feet of new road
(iii) Subbase Compaction Testing per GDOT Specifications (density and proctor).
This will occur just prior to GAB installation.
3. A minimum of one test per turn lane installation
4. A minimum of one test per 250 linear feet of new road
e) Rural and Urban typical sections shall be determined according to the definitions of this Ordinance
and the standard details attached herein.
(i) Adherance to these complete details requires the use of ditches for rural typical
sections which may not be filled in or removed by a developer or property
owner. Fines for such removal shall be $1,000 per day per location and require
the offender to remediate such problems as have been created to the
acceptance of the City.
f) Existing unpaved (gravel) roads shall not be paved except by the following processes in addition to
approval by the Recreation and Parks Committee and City Staff:
(i) Petition of homeowners located on the road. See Community Service Policies.
(ii) City Council action where such action is funded as part of the
recommendation.
Formatted: Font: Not Italic
Formatted: Indent: First line: 18 pt
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Page 16 of 41
mines
g) Proposed private unpaved (gravel) roads shall be exceptional and agricultural in nature.
h) Proposed public unpaved (gravel) roads shall not be allowed.
Section 7: Creation of Sidewalks, Paths, and Trails
Sidewalks, paths, and trails 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, path, or trail consistent with the Bike
and Pedestrian Master Plan.
1) Urban areas shall have sidewalks, multiuse paths, and possibly bike lanes. These
routes are generally parallel to the rights-of-way. Interiors of Agricultural zoned
subdivisions are required to have Urban typical section unless a Variance is granted.
2) Rural areas shall have multiuse paths or trails and will generally be constructed of
materials such as gravel, wood chips, or similar items. These routes are not required
to be parallel to the rights-of-way.
3) Such sidewalk, path, or trails shall conform to the AASHTO and applicable ADA
requirements and to all applicable overlay district guidelines and standards.
4) The Milton Trail Plan provides further explanation on these routes and their design.
(See Appendix A)
(b) In cases where a development permit or building permit is sought on tract(s) of land proposed
for single family development:
(i) In subdivisions or on commercial projects, the City shall require pedestrian facilities
on both sides of any public or private right-of-way. Subsequently, the development
permit shall indicate proposed construction of pedestrian facilities along the entire road
frontage on all proposed streets and along alternative routes connecting many adjacent
destinations in coordination with the Milton Trail Plan.
(ii) The installation and City acceptance of required sidewalk, paths, or trails shall be
completed prior to a Certificate of Occupancy being issued for the building or structure
on the affected parcel.
(c) In the event of single family developments outside of subdivisions, sidewalks shall be installed as
required by the Milton Trail Plan and approved by the City. Appeals shall be to the Design
Review Board.
(d) 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 encourages all sidewalks to
meander slightly where conditions allow such to occur. Should the sidewalk meander out of the
right-of-way, a sidewalk easement will be required. Meandering designs shall not be severe radii
to better accommodate persons with disabilities. See Appendix A.
(e) The City shall require the sidewalk to be installed at least 5 feet from the back of curb along the
road unless the City determines a practical difficulty exists or an Overlay District requires an
additional setback. Rural paths and trails shall be located outside of the clear zone and not
immediately adjacent to the edge of pavement. Paths and trails outside of the right-of-way will
require a Milton Trail easement.
(f) 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
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at:
0 pt + Tab after: 18 pt + Indent at:
18 pt
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at:
0 pt + Tab after: 18 pt + Indent at:
18 pt, Tabs: 18 pt, Left
Formatted: Font: Not Italic
Formatted: Tabs: 18 pt, Left
Formatted
Deleted: Urban typical sections are
determined by the existence of curb
identifying Urban.
Deleted: Rural
Deleted: Bike and Pedestrian Master
Plan and report will
Deleted: (i) Less than 100 lots, the
City shall authorize pedestrian
facility installation along one side of
proposed public or private rights-of
way except where the City
determines pedestrian facilities are
necessary for safety or public
convenience on both sides of the
road. The City may allow pedestrian
facilities to be developed on both
Deleted: i
Deleted: Over 100 lots
Deleted: the designated
Deleted: sides of all
Deleted: or
Deleted: [future] Bike and
Deleted: i
Deleted: The sidewalk shall be
Deleted: (c) In the case of non-
Deleted: d
Deleted: private roadways in non-
Deleted: Design Review Board and
Deleted: ¶
Deleted: Where the City deter
Deleted: f
Deleted: g
Deleted: 2
Deleted: Where the City has
Deleted: bike and pedestrian
Deleted: h
... [4]
... [2]
... [3]
... [8]
... [7]
... [9]
... [6]
... [5]
Page 17 of 41
building or structure in existence. Such determination will be made by the Community
Development department.
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.
(b) The property owner shall be required to maintain the sidewalk along the entire lot frontage by
maintaining the grass or landscaping in the right-of-way.
(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.
Section 9: Regulatory, Warning, and Guide Signs.
(a) Pole Mounted Regulatory, Warning, and Guide Signs
(i) Standards
a. Public-Signs shall be mounted on a standard galvanized breakaway square pole type
as approved by the Community Services Department. All street name sign (sns)
blades must be double sided 0.080 gauge aluminum and 9 inches high by 36 inches
wide with 6 inch letters. All street name signs (sns) shall be mounted on the same
pole as stop sign where practical. All public street name signs shall have white high
intensity (HI) 6 inch letters with green high intensity backgrounds.
i. Dead end roads shall have end marks in high intensity (HI) yellow.
ii. A single installation by the property owner of all required signs is required
prior to final plat.
iii. Only Overlay Districts shall be allowed to post Neighborhood Toppers as
included in standard details: “Crabapple” and “Birmingham”.
b. Private-Signs shall be mounted on a standard galvanized breakaway square pole
type by a contractor qualified to perform this work and permitted for this project
using the Right-of-Way Permit. All external street name signs must be double sided
0.080 gauge aluminum and be 9inches high by 36 inches wide. All street name signs
shall be mounted on the same pole as stop sign where practical. All private street
name signs shall high white high intensity (HI) 6inch letters with blue (HI)
backgrounds.
Formatted: Bullets and Numbering
Deleted: 4inch or
Deleted: (i) Sidewalk Bank. Along
public roads where a project was
permitted prior to the creation of
Milton, and the location is
determined to be a rural typical
section area, 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 Community
Development department. The funds
received shall be deposited in an
account of the City and restricted to
use for the installation of sidewalks.
As part of this substitution, a two (2)
foot paved rural shoulder is required
in place of sidewalk, curb, and gutter.¶
¶
(j) The installation of required
sidewalk, paths, or trails shall be
completed prior to a Certificate of
Occupancy being issued for the
building or structure on the affected
parcel.¶
Deleted: installed between the
sidewalk and the edge or curb of the
roadway
Deleted: by t
Deleted: 6
Deleted: 4
Deleted: The name of the road will
determine the necessary width of the
blade.
Deleted: 4 inch or
Formatted: Bullets and Numbering
Deleted: This section shall also
apply to Overlay Districts.
Deleted: whereas the speed limits is
greater than 25mph, must be
Deleted: (The 36 inch dimension is
flexible however, to include 24, 30, 42,
or 48 inch widths). i. Dead end roads shall have end marks in high intensity (HI) yellow.
ii. A single installation by the property owner of all required signs is required
prior to final plat.
iii. Overlay Districts shall be allowed to post Neighborhood Toppers as
included in standard details: “Crabapple” and “Birmingham”.
iv. Subdivision identification toppers may be allowed within Subdivisions.
(ii) Requests-If a request is made for decorative sign poles, the neighborhood must submit a
formal traffic control signage plan showing the recommended placement, size, type of
Page 18 of 41
Deleted: Dead end roads shall have
end marks in high intensity (HI)
yellow.
pole, and type of sign to be installed. This is more than a sign shop detail page. City
Engineer or his/her designee will evaluate the request with final comments. All signs
and poles must meet the requirements set forth in the Manual on Uniform Traffic Control
Devices (MUTCD). www.mutcd.fhwa.dot.gov. If decorative sign poles are approved,
only a qualified sign contractor is allowed to install the devices. If decorative sign poles
are used, there must be a signed and recorded agreement from the homeowners
association stating that they will be responsible for maintaining the decorative poles. If a
decorative pole is damaged and not replaced within 48 hours, the Community Services
Department will install a standard pole and standard sign if located on a public street. If
the decorative pole is replaced, the contractor must contact the Community Services
Department for the City to retrieve the standard pole if located on a public street. The
length of the sign pole must be high enough to allow for vertical clearance of the signs
mounted. There will be no cost to the City associated with the installation or maintenance
of decorative poles.
(b) Overhead Warning, Regulatory, and Guide Signs
(i) Standards-Overhead signage is required at all signalized intersections. Signage shall
comply with current MUTCD and GDOT standards. Signage must have green high
intensity (HI) sheeting, type 9, with the official Milton horse logo in white high intensity
located on the left edge of the sign. City Communications Director shall approve the first
such logo. Signs will be exchanged to new City standards from Fulton County standards
when a Capital Improvement project occurs at that location, and as new traffic signals
come online.
(ii) Requests-Requests for lighting at intersections to better see overhead signs or for other
related overhead signage concerns shall be to the Community Services Department.
(c) Mast Arms for Traffic Signals
(i) Standards-Mast arms when used shall be GDOT standard galvanized steel not of a
decorative nature. Decorative mast arms will be reserved for Overlay Districts and
consistent with design standards as outlined in the Overlay Districts. Mast arms
placement and maximum size will be determined by appropriate codes.
(ii) Requests-Requests for decorative mast arms by citizens, businesses, and City Boards and
Commissions shall be directed to the Community Services Department. If decorative
mast arms are approved, only a qualified signal contractor is allowed to install the
devices and must be permitted and installation accepted by City Staff.. If decorative mast
arms are used, there must be a signed and recorded agreement from the homeowners
association or other entity stating that they will be responsible for maintaining the
decorative mast arms (i.e. by having a qualified signal contractor paint the mast arm
approximately every 5, not to exceed 10 years). If a decorative mast arm is damaged, the
Community Services Department will install a decorative mast and bill the responsible
party when the cost estimate is prepared.
(d) City Street Lights
(i) Standards-City street lights, decorative, period lighting, and parkway lighting shall be
products readily available through the local power service providers. The City shall
repair, maintain, and pay utility bills for street lights on public rights-of-way. The
Page 19 of 41
Deleted: , not the homeowners
Deleted: If only one sign is used
then the vertical clearance must be
7feet to the bottom of the sign to the
grade. If two signs are mounted to the
pole, there must be 6feet to the
bottom of the sign to the grade.
Deleted: brown
Deleted: The Community Services
Department shall select a readily
available and cost effective uniform
decorative mast arm design that will
be approved for each special overlay
district by the Design Review Board
with guidance from the Community
Development Department.
Deleted: , not the homeowners,
businesses or other contactors and the
City Field Supervisor must be present
during installation
Deleted: The Community Services
Department shall select a readily
available and cost effective uniform
city standard for each listed type of
street lighting that will be approved
by the Design Review Board with
guidance from the Community
Development Department.
Homeowners Association or private business shall repair, maintain, and pay utility bills
for street lights on their respective private rights-of-way. Other types of landowners with
private lighting are likewise required to pay for utility bills on their respective properties.
(ii) Requests-Requests for street lighting by citizens or businesses, City Boards and
Commissions shall be directed to the Community Services Department. Should such
application show that street lighting would provide a significant traffic safety difference,
such request will be added to the Capital Improvement Plan at either the annual or
midyear listing. Should such application show that street lighting be a non-
transportation safety project, the application will be denied and placed on the Long
Range list for Capital Improvement Projects. Should the denied applicant desire to move
this forward more quickly, the applicant can pay 100 percent of the cost of materials and
installations by a qualified utility contractor or the electrical utility company directly, the
City would accept the street lights as a gift in kind and thus repair, maintain, and pay
utility bills for such street lights on public rights-of-way.
(iii) Removal-Requests for removal of street lighting by citizens within a Subdivision
considered Rural on the City of Milton Future Land Use Plan may be considered through
an petition and application process for removal of streetlights as defined in the
Community Service Policies.
Page 20 of 41
Deleted: marked
Article 6: Prohibitions and Uses
Section 1: Obstruction of Right-of-Way
(a) No person shall place or cause to place in any right-of-way: 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.
(d) Any personal property placed on the right-of-way following an eviction notice 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 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 plus a fine of
$1000 shall be incurred.
Formatted: Bullets and Numbering
Deleted: (c)
Deleted: .
(e) Illegal dumping within the right-of-way shall be removed within twenty-four (24) hours of Formatted: Indent: Left: 18 pt
Formatted: Bullets and Numbering Notice of Violation if not considered an immediate threat but will be removed immediately if
considered an immediate threat to safety by the Community Services Department. If the City is
required to remove such debris, a penalty of 125% of the cost of the City incurs in removing the
property plus $1000 fine shall be incurred.
Section 2: Location within the Right-of-Way
(a) A Right-of-Way and Utility Encroachment Permit is required for all activities within the right-of
way including but not limited to: construction, installing, repair or replacing pipe, conduit, cable
or other facilities vital to the function of the utility or construction site referenced for the flow of
traffic (vehicles and pedestrians) (i.e. a driveway, shoulder, or road construction) at the
referenced location. Such permit shall be managed by the Community Services department.
(b) Irrigation systems, landscaping, fences, walls,non-driveable vehicles, trailers, boats, dumpsters
and other fixed objects within the Right-of-Way are safety hazards and not allowed within the
right-of-way.
i. New unpermitted installations of such encroachments shall be removed and
shoulders dressed at the cost of the property owner within 30 calendar days of
citation plus a fine of one-half (1/2) the cost of the largest permit fee for the site.
Should such installations be on an active construction site, all CO’s, LDP’s, final
plats, or other pressing applications to the City will be held until such fine is paid
by the property owner.
ii. Existing installations shall be subject to safety evaluations and must be relocated
outside of the right-of-way when major repairs or replacement occurs. Safety
evaluations by Community Services may result in an eviction notice and
subsequent removal of such installation. Such removal shall occur within thirty
(30) calendar days; however, no fine shall be assessed for existing permitted
Page 21 of 41
installations. The burden of proof for date of existing installations shall be by
Fulton County permit date, dated construction drawings, or receipts. Without
these, a fine shall be assessed as if it was a new unpermitted installation.
iii. Temporary items such as dumpsters, parked moving semi-trucks, and other
related items as determined by the Community Services department shall be
given a citation and will be towed from the right-of-way immediately to the
subject parcel. The cost to the City will be reimbursed at a rate of one-hundred
twenty-five (125) percent plus a $500 fine awarded to the property owner.
Exception: moving to or from a house: a semi without a tractor is allowed to park
on a neighborhood street when a right-of-way encroachment permit is approved
and proper advance warning signage is used. The maximum length of time this
permit for this application will be valid shall be 48hours.
(c) Mailboxes. Mailboxes are subject to all regulations of the United States Postal Services (USPS). In
addition:
i. Single breakaway post mailboxes shall be the standard installation, placed five
(5) feet from the edge of pavement. This installation shall not require a permit.
ii. Fixed object mailboxes (ie brick, stone, concrete, stucco, anything other than a
standard mailbox) are not allowed within the Right-of-Way and require a permit
with the City. Installations of such mailboxes shall also be subject to other
requirements of this Ordinance and the AASHTO Roadside Design Guide,
current edition.
(d) Trees. Trees within the Right-of-Way shall be classified as follows:
i. Shoulders. Street trees are required to be planted behind the sidewalk for urban
sections or outside of the AASHTO defined clear zone for on-system roadways.
(Note: This may extend outside of the right-of-way onto personal property for
on-system roadways) The Right-of-Way Encroachment permit is required for
plantings inside the right-of-way but outside of the clear zone. Any tree within
the right-of-way is subject to removal for safety reasons upon coordination of
Community Services and the City Arborist. Street trees planted in the beauty
strip are subject to removal by the City for safety reasons. When the beauty strip
is the only area available for planting, as determined by the City Arborist,
Georgia Department of Transportation (GDOT) category breakaway trees such as
Crepe Myrtles, Hollies, etc shall be planted there and must be maintained by
trimming appropriately by the property owner through a Right-of-Way
Landscaping Agreement.
ii. Medians. Only Georgia Department of Transportation (GDOT) category
breakway trees shall be acceptable within planted medians, Additional
landscaping maintained below eighteen (18) inches is also acceptable. When
median street trees are impacted, show signs of decline, or have a safety concern,
as determined by the City Arborist, the replacement trees in the median shall
meet this updated requirement.Trees planted in the medians and shoulders must
also meet the AASHTO Roadside Design Guide, and GDOT Pedestrian and
Streetscape Guide.
(e) On Street Parking.
Page 22 of 41
Deleted: .
Deleted: five (five) feet of the edge
of pavement and
Deleted:
i. Vehicles may park on roads of subsequent width unless specifically prohibited
by signage. The City may regulate and prohibit parking of any type of vehicle on
any public road. It shall be unlawful to park any truck or any trailer which is
designated by the department of public safety for a license tag in a weight
category heavier than 6,000 pounds on the right-of-way of any residential street
or upon residential zoned property, unless said vehicle is making a delivery to
said residential property. School buses shall not fall under this section. This
section shall not apply to construction vehicles, trailers, or equipment
temporarily located (maximum 6 hours) within a construction area, provided
such vehicles, trailers or equipment are used in connection with dwelling units
under construction within such construction area. Such officer is authorized to
move such vehicle or require the driver or other person 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;
State law references: Authority of city to regulate parking, O.C.G.A. § 32-6-2(3);
O.C.G.A. § 40-6-200 et seq.; § 40-6-371.
ii. Vehicles and trailers of any kind without current license plates, or vehicles,
trailers or equipment permitted to remain in an inoperable condition for more
than 30 days shall not be parked or stored on or about any property within a
residential zoned district. Provided, however, this section shall not apply to
vehicles, trailers or equipment stored in an enclosed structure or appropriately
covered and located in the rear yard area.
iii. Exception: moving to or from a house: a semi with attached tractor is allowed to
park on a neighborhood street when a right-of-way encroachment permit is
approved and proper advance warning signage is used. The maximum length of
time this permit for this application will be valid shall be 24 hours. MUTCD
acceptable cones, barricades, and other appropriate warning devices shall be
placed to provide advance warning to motorists.
iv. The City 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 GDOT
Section 3: Skateboard and Bicycle Use.
(a) No person shall propel 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.
Page 23 of 41
Section 4: Assemblies, Demonstrations, and Parades.
(b) No person shall ride a motorized equipment upon sidewalks, paths, or trails.
(c) Whenever any person is riding a bicycle, horse, rollerblading, or skating upon a sidewalk, path or
trail 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 ward shall not
authorize or knowingly permit that child or ward to violate any provision of this section.
(e) Bicycle Riders are entitled to use every road in Georgia except interstate highways. State law also
requires that helmets be worn by all bicyclists under the age of 16. More detailed information on
bicycle riding can be found in the Georgia Driver’s Manual and Georgia Bike Sense Guide. Formatted: No underline
Deleted: bicycle, or propel roller-
skates, roller-blades, skateboards, or
other similar devices on sidewalks,
paths or trails 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, roller-
blades, skateboards, or other similar
devices. When such signs are in place,
no person shall disobey the signs
Deleted: g
Regulation of assemblies, demonstrations, and parades are governed by Chapter 18, Assemblages in
Public Places, of this Code.
Section 5: Agricultural Uses
a) Agricultural equipment (such as tractors, combines, etc) shall be allowed to travel during
daylight short distances (of approximately one mile) along the right-of-way without being
transported by a trailer for the purposes of traveling between utilized agricultural lands.
i) A penalty of $100 per incident shall be the fine for violators of this rule. Law
enforcement responsibility for enforcement of this article shall be in the
Department of Public Safety except
b) Just as construction equipment within LDP permits has limitations, so too does agricultural
equipment. This includes but is not limited to: removal of mud from the roadway, removal of
gravel from the roadway, and repair to the roadway from track equipment, oversize equipment,
etc.
i) A penalty of $100 per incident plus the cost of repairs to the road, plus cost of
certified traffic control by the person who caused the damages. Enforcement
responsibility for enforcement of this article shall be in the Community
Development and Community Services department by sworn code enforcement
officers. The traffic control shall be placed within 24hrs a NOV or Citation was
given. The road repair shall begin within 3 business days of date of NOV or
Citation.
c) The following vehicles may exceed such limitation without a permit: farming or agricultural
equipment, horses, or forest management equipment, whether self-propelled or being hauled,
when such vehicle or equipment is being operated during daylight hours upon a public road
c) Horses will ideally be ridden on gravel roads and other marked paths, marked trails, or rights-of
way during daylight hours.
Section 6: Construction and Oversize Vehicle Uses
(f) Haul permits are required from the Community Services Department when more than 30 truck
trips per day for 2 weeks or 10,000CY of material will be hauled on a right-of-way. Such
Page 24 of 41
Formatted: Underline
application shall be concurrent with right-of-way permit with a site map and calculation of
earthworks and trips needed.
(g) Oversize vehicles and equipment that is not street legal are required to be conveyed from
location to location using a trailer, subject to all applicable state and GDOT rules and permits.
Section 7: Rules of the Road
The rules of the road shall include but are not limited to the Georgia Department of Driver Services
Georgia Driver’s Manual, current edition and Georgia Bike Sense guide.
Section 8: Penalties; enforcement generally
(a) Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not more than $1,000.00 or no more than 60 days in jail or both for each
occurrence; and each occurrence shall be deemed a separate offense.
(b) Unless otherwise specifically provided by resolution of the Mayor and City Council, the
enforcement of this article shall be within the jurisdiction of the city's police department and any other
city officer authorized by the State of Georgia to make misdemeanor criminal arrests. Persons designated
by the governing authority are hereby authorized to issue citations or summons or both, charging
violations under this article, returnable to a court or courts having jurisdiction over state traffic offenses
or other courts having jurisdiction over violations of city ordinances.
(c) For purposes of enforcing the provisions of this article, any City of Milton, Georgia, court or courts
having jurisdiction over state traffic offenses or other courts having jurisdiction over violations of city
ordinances shall be entitled to take such action to ensure compliance, and the person convicted shall
reimburse the city for any cost or expense associated with such compliance efforts, and the city shall be
entitled to place a lien on the property or require a bond from the person to secure payment and
reimbursement for these expenses.
State law references: Court with jurisdiction for violating city ordinances dealing with traffic offenses,
O.C.G.A. § 36-32-1.
Page 25 of 41
Article 7: Street Numbers and Road Names
Section 1: Assignment.
a) All houses and buildings fronting the various streets and alleys in the City shall be
numbered under the City’s uniform addressing system.
b) All new roads and alley names in the city shall be approved by the Community
Development Department according to the approved names list. Such names shall have
easily recognizable 12 character abbreviations maximum, as acceptable to Community
Services Department.
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.
a) 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, minimum height of three inches and preferably reflective. Such
number shall be posted both on the home and the mailbox.
Formatted: Bullets and Numbering
Deleted: .
b) Condo/apartment/townhome/office Building numbers shall be six inches and reflective or
down-lit as determined necessary by the City Fire Marshal. Individual units shall follow the rules
set forth in a) above.
Page 26 of 41
Article 8: Traffic Impact Studies
Section 1: Thresholds and Applicability
a) Traffic Studies shall be submitted with all Rezoning Applications.
b) Projects that qualify as an Atlanta Regional Commission (ARC) development of regional impact
(DRI) are required to meet the impact study requirements of the City of Milton. Note that the DRI
Study will be required at the time of rezoning.
Deleted: . It is difficult to address
potential impacts of traffic and
frontage-access issues during
rezoning without data and thus it is
required
c) The thresholds for determining the requirement of a Traffic Impact Study were developed as follows:
DRI - non-metropolitan threshold or 50% of DRI - metropolitan threshold, whichever is smaller
except as noted by ***
Use
DRI - Metropolitan
Regions
DRI - Metropolitan
Regions (50%)
DRI - Non-
metropolitan
Regions
Milton Threshold
1. Office >400,000 SF >200,000 SF >125,000 SF >125,000 SF
*** >100,000 SF or
2. Commercial >300,000 SF >150,000 SF >175,000 SF >20,000 SF w/ drive-
thru
3. Wholesale &
Dist. >500,000 SF >250,000 SF >175,000 SF >175,000 SF
4. Hospitals and
Health Care
Facilities
>300 new beds; or
generating > 375 peak
hour vehicle trips per
day
>150 new beds; or >187
peak hour trips per day
>200 new beds; or
generating > 250 peak
hour vehicle trips per
day
>150 new beds; or >187
peak hour trips per day
5. Housing >400 new lots or
units >200 new lots or units >125 new lots or units ***>100 new lots or
units
6. Industrial
>500,000 SF; or
employing > 1,600
workers; or covering
> 400 acres
>250,000 SF; or
employing > 800
workers; or covering >
200 acres
>175,000 SF; or
employing > 500
workers; or covering >
125 acres
>175,000 SF; or
employing > 500
workers; or covering >
125 acres
7. Hotels >400 rooms >200 rooms >250 rooms >200 rooms
8. Mixed Use
>400,000 SF or >120
acres; or if any of the
individual uses meets
or exceeds a threshold
as identified herein
>200,000 SF or >60
acres; or if any of the
individual uses meets or
exceeds a threshold as
identified herein
SF >125,000 SF or >40
acres; or if any of the
individual uses meets
or exceeds a threshold
as identified herein
SF >125,000 SF or >40
acres; or if any of the
individual uses meets or
exceeds a threshold as
identified herein
9. Airports
All new airports,
runways and runway
extensions
All new airports,
runways and runway
extensions
Any new airport with a
paved runway; or
runway additions of >
25% of existing
runway length
Any new airport with a
paved runway; or
runway additions of >
25% of existing runway
length
10. Attractions &
Recreational
Facilities
>1,500 parking
spaces or a seating
capacity of > 6,000
>750 parking spaces or a
seating capacity of >
3,000
>1,500 parking spaces
or a seating capacity of
> 6,000
*** >100 spaces
11. School
New school with a
capacity of > 2,400
students, or expansion
New school with a
capacity of > 1,200
students, or expansion by
New school with a
capacity of > 750
students, or expansion
** New school with a
capacity of > 100
students, or expansion
Page 27 of 41
by at least 25 % of at least 12.5 % of by at least 25 % of by at least 25 % of
capacity capacity capacity capacity
12. Waste
Handling
Facilities
New facility or
expansion of use of
an existing facility by
50 % or more
New facility or
expansion of use of an
existing facility by 25 %
or more
New facility or
expansion of use of an
existing facility by 50
% or more
New facility or
expansion of use of an
existing facility by 50 %
or more
13. Quarries,
Asphalt &
Cement
Plants
New facility or
expansion of existing
facility by > 50 %
New facility or
expansion of existing
facility by > 25 %
New facility or
expansion of existing
facility by > 50 %
*** any new
14. Wastewater
Treatment
Facilities
New facility or
expansion of existing
facility by > 50 %
New facility or
expansion of existing
facility by > 25 %
New facility or
expansion of existing
facility by > 50 %
New facility or
expansion of existing
facility by > 50 %
15. Petroleum
Storage
Facilities
Storage >50,000
barrels if within 1,000
feet of any water
supply; otherwise,
storage capacity
>200,000 barrels
Storage >25,000 barrels
if within 500 feet of any
water supply; otherwise,
storage capacity
>100,000 barrels
Storage >50,000
barrels if within 1,000
feet of any water
supply; otherwise,
storage capacity
>200,000 barrels
Storage >50,000 barrels
if within 1,000 feet of
any water supply;
otherwise, storage
capacity >200,000
barrels
16. Water Supply
Intakes/Rese New Facilities New Facilities New Facilities New Facilities
rvoirs
17. Intermodal
Terminals New Facilities New Facilities New Facilities New Facilities
18. Truck Stops
A new facility with >
three diesel fuel
pumps; or containing
a half acre of truck
parking or 10 truck
parking spaces.
A new facility with > 2
diesel fuel pumps; or
containing a quarter acre
of truck parking or 5
truck parking spaces.
A new facility with >
three diesel fuel
pumps; or containing a
half acre of truck
parking or 10 truck
parking spaces.
*** any
19. Any other
development 1000 parking spaces 500 parking spaces 1000 parking spaces 500 parking spaces
types
New
20. Churches n/a n/a n/a >500 seats
21. Crabapple Any commercial or >10
Overlay n/a n/a n/a lots or units of
District residential
22. Areas of
Special
Traffic
Concern
n/a n/a n/a As required by the City
Engineer
23. Daycare n/a n/a n/a Any new or expansion
by at least 25% capacity
Section 2: Objectives
The City finds that requiring a traffic impact study for proposed developments that meet certain
thresholds will help to achieve the following objectives:
(a) Forecast additional traffic associated with new development, based on accepted practices.
Page 28 of 41
(b) Determine the improvements that are necessary to accommodate the new development.
(c) Allow the local government to assess the impacts that a proposed development may have and assist
the local government in making decisions regarding development proposals.
(d) Help to ensure safe and reasonable traffic conditions on streets after the development is complete.
(e) Reduce the negative impacts created by developments by helping to ensure that the transportation
network can accommodate the development.
(f) Protect the substantial public investment in the street system.
(g) Provide information relevant to comprehensive planning, transportation planning, transit planning
and the provision of programs and facilities for traffic safety, road improvements, transportation
demand management, pedestrian access and other transportation system considerations.
Section 3: Analysis
The source for trip generation rates for the purposes of this Ordinance shall be Trip Generation and
Handbook published by the Institute of Transportation Engineers (ITE), most recent edition.
Determinations of whether this ordinance applies shall be made based on application of data from ITE
Trip Generation, which may change from time to time, or as otherwise approved by the City Engineer.
1. Discussion of Assumptions
a) Distributions. Default value is to assume site distribution will be the same split as
existing conditions. Call out any exceptions to this. For developments expected to
generate more than thirty (30) truck trips per day, the study shall include separate trip
distribution figures for trucks.
b) Total combined trip reduction (passby and internal capture) shall be calculated for both a
cap of 10% maximum and also the recommended ITE value.
c) Growth factors- provide analysis of both 0% growth rate and calculated growth rate.
Cap of 10% growth rate without prior City Engineer approval for areas within the City of
Milton. For areas of impact outside city or county limits, higher growth rates are
acceptable.
d) Any caps that desire hardship must submit information calculated within the set
requirements above to prove hardship with the City Engineer
2. Technical Analysis
a) A Scoping meeting with the applicant’s traffic engineer and City Engineer is required
prior to submittal of a Traffic Impact Study. Failure by an applicant to not have a scoping
meeting prior to conducting their traffic counts will not constitute a hardship for an
exception to be approved by the City Engineer.
b) A Preliminary Site Access, Site Circulation, and Parking Plan will be prepared by the
applicant early in the project. The plan is considered in the trip generation, trip
distribution and assignment steps.
c) Existing traffic volumes (measured within the previous six months and adjusted to reflect
current conditions. Tube counts shall be a minimum of 48 hours) and performance
operation analysis for all study intersections including all arterial, collector and local
roads within the study area, in the year that the proposed development is planned to
commence, and in five years. If phased development is proposed, the traffic impact study
shall include projections for the year that each phase of the development is planned to be
complete.
Page 29 of 41
Formatted: Underline
Deleted: "
Formatted: Font: Not Italic,
Underline
Deleted: "
Formatted: Underline
Formatted: Font: Not Italic,
Underline
Formatted: Underline
Deleted: “
Deleted: ”
Deleted: used
d) Level of Service. All signalized and all-way stop controlled intersections shall operate at
a Level of Service “D” or better. Other unsignalized intersections (including unsignalized
private accesses) shall operate at LOS “E” or better for major left turns and side street
approaches, although LOS “F” may be allowed if the movement has a relatively low
volume –to-capacity ratio and there are no known safety problems at the intersection.
e) Pass-by trips are external to the development but are already on the transportation
system (not new trips on the roadway). These trips enter the site as an intermediate stop,
or are incepted by the proposed development. The pass-by rate (or percentage of total
site trip generation that are pass-by trips) is discussed in the Scoping Meeting. Trip
reduction for pass-by trips shall be as follows: Formatted: Bullets and Numbering
Deleted: <#>Volume/Capacity
ratios. All signalized and all-way stop
controlled intersections shall operate
at a V/C ratio or 0.95 or Less¶
¶
i. Calculate passby trips as provided for in the ITE Trip Generation Handbook
ii. Perform a limits test, limiting the total pass-by trips associated with a site to 10%
of the adjacent roadway’s project traffic capacity.
f) Mode Split analysis is currently required only along state routes. Typically 3 to 5 percent
is considered a maximum realistic share of travel for modes other than automobiles.
g) Acceptable analysis methods include the most recent Highway Capacity Manual or
Synchro.
h) Signal timing used in capacity or progression analysis shall use same cycle length as it is
currently using at the intersection, unless specifically noted otherwise and should not
exceed 120 seconds. Signal timing shall provide adequate and reasonable green time for
pedestrian crossings.
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Deleted: all
i) Peak Hour Factors less than 0.75 or greater than 0.90 shall not be used unless justified by
specific counts at that location.
j) The applicant shall forecast estimated traffic volumes and performance operation
analysis with the development, on all arterial, collector and local roads within the study
area, in the year that the proposed development is planned to commence, and in five
years. If phased development is proposed, the traffic impact study shall include
projections for the year that each phase of the development is planned to be complete.
Section 4: Mitigation
(a) Description and analysis of mitigation measures necessary to bring the identified intersections and
locations into compliance with applicable standards. Include analysis showing that these measures
will bring these locations into compliance and include signal, turn lane, or other warrant analyses as
appropriate.
(b) Often mitigation measures will be involved in rezoning applications. However, should a project
already be zoned commercial or other intense land use, and the Traffic Impact Study deems
mitigation measures are necessary, such mitigation measures deemed necessary by the City Engineer
and affirmed by the applicant’s data shall be deemed necessary improvements a the cost of the
proposed private development.
Page 30 of 41
Formatted: Bullets and Numbering
(c) The proposed development for which a Traffic Impact Study is submitted and mitigation measures
are deemed necessary by the City Engineer and affirmed by the applicant’s data shall be deemed
necessary improvements at the cost of the proposed private development. This would occur
regardless of whether or not rezoning occurred in this transaction.
(d) Should the proposed development for which a Traffic Impact Study is submitted not be deemed
necessary immediately (i.e. be warranted immediately) the installation of such signal, etc shall not
occur until such is warranted.
(e) Developments of Regional Impact (DRI) mitigation installations listed in the final letter shall be
required of the applicant at no cost to the City of Milton prior to the Certification of Occupancy for
any of the related buildings.
Formatted: Bullets and Numbering
Page 31 of 41
Article 9: Construction Standards and Details
Section 1: Source of Reference Details
a) The City utilizes GDOT Construction Standards and Details (online current edition),
supplemented by the following Milton Construction Details, AASHTO guidelines, and
MUTCD guidelines
i. Where differences between the Subdivision Ordinance and this Ordinance exist,
the more stringent design standard shall be used.
ii. Precast manholes are required in lieu of brick manholes.
iii. The English system of measurement is used.
b) Forest Service Standard Details for Construction of Roads and Bridges, current edition.
c) The City recognizes the 2006 International Fire Code, and calls attention to Appendix D,
“Fire Apparatus Access Roads,” for the purposes of this Ordinance.
i. Where differences exist between the Subdivision Ordinance, this Ordinance, and
the Fire Apparatus Code, the City Engineer and Fire Marshal shall be responsible
for determinations of which is the controlling requirement.
Section 2: Index of City of Milton Details
List of City of Milton Details
100 Series: General
101 Underground Utility Cross Sections
102 Conduit Location for Underground Utilities
103 Allowable Trench Widths
104 Reinforced Plastic Step
105 Structure Adjustment
106 Dead End Fire Apparatus Access Road Turnaround
107 Roadway Crossing Bore and Case Detail
110 Pavement Cut Repairs Type A, B, and C
111 Concrete Encasement
113 Safety Platform for Deep Manholes
200 Series: Landscaping
201A, B Bioswale Landscaping Detail
210 Tree Save Sign
211 Tree Planting and Watering Detail
300 Series: Transportation
Page 32 of 41
301A, B Typical Sections: Rural Road, Access Easement, Industrial, Subdivision Streets, Side
Roads, Gravel
302 Driveway Cut Repairs Concrete, Gravel, and Asphalt
303 Cul-de-sac
304 Roll-Back Curb
305 Divided Entrance Details
306 Miscellaneous Details
309 Deceleration Lane
310 Left Turn Lane Widening on Both Sides
311 Left Turn Lane Widening on One Side
312 Mini Roundabout
314 Chicanes
315 Speed Table
316 Raised Intersection
317 One Lane Choker
318 Entrance Treatment
319 Center Island
350 Street
351 Gated Entrance Detail
400 Series: Erosion
Reserved
500 Series: Stormwater
501 Catch Basin, 1ft Offset Singlewing
502 Catch Basin, 1 ft Offset Doublewing
510 Drop Inlet Tops
511 Drop Inlet Dimensions
512 Drop Inlet Weir Type
516 Energy Dissipator Alternate
519 Structural Plate Pipe Arch Culvert and Structural Plate Pipe Culvert
520 Pipe Culverts
521 Pipe Culvert Tables
522 Pipe Culvert Table (ctd)
523 Perforated Underdrain
524 Pipe Gauge and Class
525 Earthfill Dam for Detention Ponds
Page 33 of 41
526 Fence Detail for Detention Ponds –Equestrian Board with Mesh
527 Fence Detail for Detention Ponds-Chainlink
528 Outlet Control Structure with Trashrack
Page 34 of 41
Appendix A: The Milton Trail Plan
Page 35 of 41
Appendix B: Current Speed Limits
OFF SYSTEM
ROAD NAME FROM TO LENGTH
IN MI.
SPEED
LIMIT
Alpha Woods Drive Thompson Road Thomas Creek Court 0.28 25
Arabian Avenue New Providence
Road
Dead end 0.66 25
Avensong Crossing Deerfield Parkway Dead end 0.29 25
Avensong Ives Way Serenade Court Avensong Village
Circle
0.27 25
Avensong Village
Circle
Avensong Ives Way Dead end 0.63 25
Batesville Road Birmingham
Highway
Cherokee County
Line
1.3 45
Bay Colt Road Dead end Dead end 0.61 25
Belleterre Drive Bethany Road Dead end 0.64 35
Bethany Bend Hopewell Road Morris Road 2.97 45
Bethany Church
Road
Bethany Road Dead end 0.53 25
Bethany Road Mayfield Road Haygood Road 1.5 45
Bethany Way Haygood Road Hopewell Road 0.7 45
Birmingham Road Birmingham
Highway
Hopewell Road 2.7 45
Broadwell Road Crabapple Road Rucker Road 0.7 35
Brookshade Parkway Hopewell Road Oakhurst Leaf Drive 0.42 25
Cogburn Road Cumming Highway Hopewell Road 3.7 45
Cowart Road Summit Road Providence Road 0.45 25
Creek Club Drive S.R. 9 (Cumming
Highway)
Francis Road 1.35 25
Deerfield Parkway Cumming Highway Windward Parkway 1.65 35
Dinsmore Road Freemanville Road Thompson Road 1.6 35
Dorris Road Providence Road Birmingham
Highway
1.4 35
Double Springs Way Thompson Springs
Drive
Dead end 0.34 25
Drummond Pond
Road
North Valleyfield
Road
Dead end 0.38 25
East Bluff Road Thompson Road Dead end 1.12 25
Francis Road Cogburn Road Forsyth County Line 1.6 45
Freemanville Road Mayfield Road Mountain Road 6.7 45
Freemanwood Lane Freemanwood Road Dead end 0.4 25
Glen Hampton Drive White Columns
Drive
Dead end 0.36 25
Green Road Arnold Mill Road Crabapple Road 0.5 45
Hamby Road Hopewell Road Forsyth County Line 1.3 45
Page 36 of 41
Hampton Bluff Drive White Columns
Drive
Dead end 0.39 25
Henderson Heights
Drive
Henderson Road Dead end 0.36 25
Henderson Road Freemanville Road Birmingham Road 1.4 35
Hickory Flat Road Birmingham
Highway
Cherokee County
Line
1.7 45
Holly Road (SR 140) Arnold Mill
Road
Dead end 0.3 25
Hopewell Plantation
Drive
Hopewell Road Cogburn Road 1.5 25
Hopewell Road Francis Road Phillips Drive 7.7 45
Landrum Road Senoia Road Bohannon Road 0.5 35
Laurel Grove Drive Dinsmore Road Dead end 0.41 25
Longstreet Road Hopewell Road Longstreet Church
Road
1.1 35
Mayfield Road Mid-Broadwell Road Freemanville Road 0.7 45
McGinnis Ferry Road Morris Road Georgia 400 0.6 45
Mid-Broadwell Road Crabapple Road Charlotte Drive 0.35 40
Morris Road Deerfield Parkway McGinnis Ferry Road 1.38 35
Mountain Road Hopewell Road Freemanville Road 1.7 35
New Bullpen Road Birmingham
Highway
Cherokee County
Line
0.82 35
New Providence
Road
Birmingham
Highway
Arnold Mill Road 3.5 45
New Providence
Road
***School Zone*** for
Mill Springs
Academy
1035 feet east of
Providence Lake
Point
Providence Lake
Point
0.2 25
North Brookshade
Parkway
Brookshade Parkway Dead end 0.32 25
North Valley Trail Dinsmore Road Dead end 0.85 25
North Valleyfield
Road
Dinsmore Road East Bluff Road 0.3 25
Northwood Avenue Henderson Road Dead end 0.62 25
Oakhurst Leaf Drive Dead end Dead end 0.69 25
Oakstone Glen Cogburn Road Dead end 0.31 25
Owens Farm Road Birmingham
Highway
Old Cedar Lane 0.41 25
Phillips Road Hopewell Road Mountain Road 0.6 35
Pony Tail Road Five Acre Road Dead end 0.3 25
Providence Lake
Drive
New Providence
Road
Dead end 0.98 25
Providence Oaks
Street
Providence Road Dead end 0.45 25
Providence Park
Drive
Providence Road Dead end 0.41 25
Page 37 of 41
Providence Place
Drive
Providence Road Dead end 0.45 25
Providence Road 1000 feet north of
Lantern Ridge Drive
S.R. 372 (Birmingham
Road)
2.8 45
Providence Road
***School Zone*** for
Summit Hill
Elementary School
2000 feet west of
Cowart Road
175 feet east of
Cowart Road
0.47 25
Ranchette Road Arnold Mill Road Providence Road 0.62 40
Redd Road Hopewell Road Freemanville Road 1.2 45
Sable Point Drive Henderson Road Dead end 0.26 25
Stonebrook Farms
Drive
Thompson Road Dead end 0.33 25
Sweetbrier Drive Belleterre Drive Belleterre Drive 0.25 25
Taylor Road Batesville Road Birmingham
Highway
1.4 45
Thompson Road Hopewell Road Redd Road 2.4 45
Thompson Road Hopewell Road Francis Road 1.7 45
Thompson Springs
Drive
Thompson Road Dead end 0.36 25
Webb Road Windward Parkway Dead end 1.32 35
Wyndham Farms
Drive
Cogburn Road Dead end 0.47 25
Page 38 of 41
ON-SYSTEM
STATE
ROUTE
WITHIN THE
CITY/ TOWN
and/or School
Name
FROM MILE
POINT
TO MILE
POINT
LENGTH
IN MI.
SPEED
LIMIT
S.R. 9 Windward
Parkway (N.
Alpharetta city
limits)
27.04 Forsyth County line 30.1 3.06 45
S.R. 140 Cherokee County
line
0 0.15 mi. south of
Green Road
3.01 3.01 45
S.R. 140 0.15 mi. south of
Green Road
3.01 A point 0.22 mi. north
of Saddle Creek Drive
(W. Roswell city
limits)
4.06 1.05 35
S.R. 372 S.R. 140 0 0.03 mi. north of
Green Road
0.57 0.57 35
S.R. 372 0.03 mi. north of
Green Road
0.57 Cherokee County line 8.89 8.32 45
S.R. 372
****
School
Zone
****
Crabapple
Crossing
Elementary
School and
Northwestern
Middle School
A point 0.39 mi.
south of
Kensington Farms
Drive
1.33 A point 0.18 mi. north
of Kensington Farms
Drive
1.9 0.57 25
Page 39 of 41
Page 10: [1] Deleted abbie.jones.cityofmi 6/3/2007 3:40:00 PM
EXHIBIT “A”
OFF SYSTEM
ROAD NAME FROM TO LENGTH
IN MI.
SPEED
LIMIT
Alpha Woods Drive Thompson Road Thomas Creek Court 0.28 25
Arabian Avenue New Providence
Road
Dead end 0.66 25
Avensong Crossing Deerfield Parkway Dead end 0.29 25
Avensong Ives Way Serenade Court Avensong Village
Circle
0.27 25
Avensong Village
Circle
Avensong Ives Way Dead end 0.63 25
Batesville Road Birmingham
Highway
Cherokee County
Line
1.3 45
Bay Colt Road Dead end Dead end 0.61 25
Belleterre Drive Bethany Road Dead end 0.64 35
Bethany Bend Hopewell Road Morris Road 2.97 45
Bethany Church
Road
Bethany Road Dead end 0.53 25
Bethany Road Mayfield Road Haygood Road 1.5 45
Bethany Way Haygood Road Hopewell Road 0.7 45
Birmingham Road Birmingham
Highway
Hopewell Road 2.7 45
Broadwell Road Crabapple Road Rucker Road 0.7 35
Brookshade Parkway Hopewell Road Oakhurst Leaf Drive 0.42 25
Cogburn Road Cumming Highway Hopewell Road 3.7 45
Cowart Road Summit Road Providence Road 0.45 25
Creek Club Drive S.R. 9 (Cumming
Highway)
Francis Road 1.35 25
Deerfield Parkway Cumming Highway Windward Parkway 1.65 35
Dinsmore Road Freemanville Road Thompson Road 1.6 35
Dorris Road Providence Road Birmingham
Highway
1.4 35
Double Springs Way Thompson Springs
Drive
Dead end 0.34 25
Drummond Pond
Road
North Valleyfield
Road
Dead end 0.38 25
East Bluff Road Thompson Road Dead end 1.12 25
Francis Road Cogburn Road Forsyth County Line 1.6 45
Freemanville Road Mayfield Road Mountain Road 6.7 45
Freemanwood Lane Freemanwood Road Dead end 0.4 25
Glen Hampton Drive White Columns
Drive
Dead end 0.36 25
Green Road Arnold Mill Road Crabapple Road 0.5 45
Hamby Road Hopewell Road Forsyth County Line 1.3 45
Hampton Bluff Drive White Columns
Drive
Dead end 0.39 25
Henderson Heights
Drive
Henderson Road Dead end 0.36 25
Henderson Road Freemanville Road Birmingham Road 1.4 35
Hickory Flat Road Birmingham
Highway
Cherokee County
Line
1.7 45
Holly Road (SR 140) Arnold Mill
Road
Dead end 0.3 25
Hopewell Plantation
Drive
Hopewell Road Cogburn Road 1.5 25
Hopewell Road Francis Road Phillips Drive 7.7 45
Landrum Road Senoia Road Bohannon Road 0.5 35
Laurel Grove Drive Dinsmore Road Dead end 0.41 25
Longstreet Road Hopewell Road Longstreet Church
Road
1.1 35
Mayfield Road Mid-Broadwell Road Freemanville Road 0.7 45
McGinnis Ferry Road Morris Road Georgia 400 0.6 45
Mid-Broadwell Road Crabapple Road Charlotte Drive 0.35 40
Morris Road Deerfield Parkway McGinnis Ferry Road 1.38 35
Mountain Road Hopewell Road Freemanville Road 1.7 35
New Bullpen Road Birmingham
Highway
Cherokee County
Line
0.82 35
New Providence
Road
Birmingham
Highway
Arnold Mill Road 3.5 45
New Providence
Road
***School Zone*** for
Mill Springs
Academy
1035 feet east of
Providence Lake
Point
Providence Lake
Point
0.2 25
North Brookshade
Parkway
Brookshade Parkway Dead end 0.32 25
North Valley Trail Dinsmore Road Dead end 0.85 25
North Valleyfield
Road
Dinsmore Road East Bluff Road 0.3 25
Northwood Avenue Henderson Road Dead end 0.62 25
Oakhurst Leaf Drive Dead end Dead end 0.69 25
Oakstone Glen Cogburn Road Dead end 0.31 25
Owens Farm Road Birmingham
Highway
Old Cedar Lane 0.41 25
Phillips Road Hopewell Road Mountain Road 0.6 35
Pony Tail Road Five Acre Road Dead end 0.3 25
Providence Lake
Drive
New Providence
Road
Dead end 0.98 25
Providence Oaks Providence Road Dead end 0.45 25
Street
Providence Park
Drive
Providence Road Dead end 0.41 25
Providence Place
Drive
Providence Road Dead end 0.45 25
Providence Road 1000 feet north of
Lantern Ridge Drive
S.R. 372 (Birmingham
Road)
2.8 45
Providence Road
***School Zone*** for
Summit Hill
Elementary School
2000 feet west of
Cowart Road
175 feet east of
Cowart Road
0.47 25
Ranchette Road Arnold Mill Road Providence Road 0.62 40
Redd Road Hopewell Road Freemanville Road 1.2 45
Sable Point Drive Henderson Road Dead end 0.26 25
Stonebrook Farms
Drive
Thompson Road Dead end 0.33 25
Sweetbrier Drive Belleterre Drive Belleterre Drive 0.25 25
Taylor Road Batesville Road Birmingham
Highway
1.4 45
Thompson Road Hopewell Road Redd Road 2.4 45
Thompson Road Hopewell Road Francis Road 1.7 45
Thompson Springs
Drive
Thompson Road Dead end 0.36 25
Webb Road Windward Parkway Dead end 1.32 35
Wyndham Farms
Drive
Cogburn Road Dead end 0.47 25
Page Break
ON-SYSTEM
STATE
ROUTE
WITHIN THE
CITY/ TOWN
and/or School
Name
FROM MILE
POINT
TO MILE
POINT
LENGTH
IN MI.
SPEED
LIMIT
S.R. 9 Windward
Parkway (N.
Alpharetta city
limits)
27.04 Forsyth County line 30.1 3.06 45
S.R. 140 Cherokee County
line
0 0.15 mi. south of
Green Road
3.01 3.01 45
S.R. 140 0.15 mi. south of
Green Road
3.01 A point 0.22 mi. north
of Saddle Creek Drive
(W. Roswell city
limits)
4.06 1.05 35
S.R. 372 S.R. 140 0 0.03 mi. north of
Green Road
0.57 0.57 35
S.R. 372 0.03 mi. north of
Green Road
0.57 Cherokee County line 8.89 8.32 45
S.R. 372 Crabapple A point 0.39 mi. 1.33 A point 0.18 mi. north 1.9 0.57 25
**** Crossing south of of Kensington Farms
School Elementary Kensington Farms Drive
Zone School and Drive
**** Northwestern
Middle School
Page 17: [2] Deleted abbie.jones.cityofmi 6/3/2007 4:08:00 PM
(i) Less than 100 lots, the City shall authorize pedestrian facility installation along
one side of proposed public or private rights-of-way except where the City
determines pedestrian facilities are necessary for safety or public convenience on
both sides of the road. The City may allow pedestrian facilities to be developed
on both sides of the road where the developer or property owner requests
pedestrian facilities to be constructed on both sides of the road. The City may
also allow alternative routes connecting many adjacent destinations in
coordination with the future Bike and Pedestrian Master Plan.
Page 17: [3] Deleted abbie.jones.cityofmi 6/3/2007 4:09:00 PM
[future] Bike and Pedestrian Master Plan
Page 17: [4] Deleted abbie.jones.cityofmi 6/3/2007 4:14:00 PM
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.
Page 17: [5] Deleted abbie.jones.cityofmi 6/3/2007 4:13:00 PM
(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 with
such plans along the total property frontage on public streets as required by the City.
Page 17: [6] Deleted abbie.jones.cityofmi 6/3/2007 4:06:00 PM
(e)
Page 17: [7] Formatted abbie.jones.cityofmi 6/3/2007 4:05:00 PM
Indent: Left: 0 pt, First line: 0 pt
Page 17: [8] Deleted abbie.jones.cityofmi 6/3/2007 4:05:00 PM
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
Community Development Director and/or City Engineer.
Page 17: [9] Deleted abbie.jones.cityofmi 6/3/2007 4:04:00 PM
Where the City has determined a practical difficulty exists, the sidewalk shall be installed no
closer than the back of the curb.
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 300x4
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: June 13, 2007
FROM: City Manager
AGENDA ITEM: APPROV L OF AN ORDINANCE AMENDING THE RULES OF
PROCEDURE FOR CITY COUNCIL MEETINGS AND PUBLIC
HEARINGS FOR THE CITY OF MILTON.
MEETING DATE: Thursday, June 21, 2007 Work Session
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (J NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES 0 NO
CITY ATTORNEY REVIEW REQUIRED: (y YES () NO
APPROVAL BY CITY ATTORNEY {APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: J�, fir , 24, 2-00
REMARKS:
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk and Clerk of the Court
Date:May 22, 2007 for June 7, 2007 City Council Meeting for First Reading and onto the June 21,
2007 and Second Reading
Agenda Item: An Ordinance Adopting Amended Rules and Procedures for the City Council Meetings
and Public Hearings for the City of Milton, Georgia
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance adopting the Rules and Procedures of public meetings held by the City of
Milton, providing for an orderly process of conducting business, and for other purposes.
Background:
Governments traditionally adopt Rules of Procedure, or operation standards and protocol which facilitate
the orderly conduct of public meetings. Such documents outline how meetings will be conducted and
stand as the backbone for staff and elected officials to refer to in one of the most critical functions of any
government – soliciting public input and conducting public meetings.
The attached Rules of Procedure were drafted after consulting with Title 50, Chapter 14 of the Official
Code of Georgia Annotated as well as the City’s Charter – House Bill 1470. The rules and procedures
were first adopted and put into place by Milton on November 21, 2006, after the second reading of the
ordinance occurred. An amendment to the Rules of Procedure was adopted on January 18, 2007 to
subparagraph (d) Work Sessions.
Discussion:
Amendments to the amended and approved rules and procedures are recommended and annotated in
Section 19, Public Participation and Section 21, Minutes, which reads as follows:
Section 19. Public Participation. Public participation in meetings of the city council shall be
permitted in accordance with the provisions of this section.
(e) Representation of Civic Associations, Advocacy Groups or Homeowners'
Associations. The city council may allow public comment on either an agenda item or
general public comment from a representative of such an organized group or
association; provided, however, that such an individual shall file a notarized affidavit
that they have the authority to speak on behalf of said organization on a form provided
by the City Clerk prior to the agenda item being called.
Section 21. Minutes. The clerk of the city council shall promptly record the minutes for
each city council meeting. The minutes shall specify the names of council members present
at the meeting, a description of each motion or other proposal made at the meeting, the name
of the council member who proposed each motion, the name of the council member who
seconded each motion, and a record of all votes (the name of each council member voting
for or against a proposal shall be recorded). Minutes will be in summary form. Minutes for
zoning agenda items will be verbatim. More detailed information may be included in the
minutes at the request of the city council.
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
The city council shall approve the minutes before they may be considered as an official
record of the city council. The minutes shall be open for public inspection once approved as
official by the city council but in no case later than immediately following the next regular
meeting of the city council.Regular meeting minutes will be provided at the next regularly
scheduled meeting. Work Session minutes will be provided at the next regularly scheduled
Work Session. A copy of the minutes from the previous meeting shall be distributed to the
city council at least one business day before the following meeting. The minutes of the
previous meeting shall be corrected, if necessary, and approved by the city council at the
beginning of each meeting. A majority vote is required for approval. Conflicts regarding
the content of the minutes shall be decided by a majority vote. Upon being approved, the
minutes shall be signed by the mayor and attested to by the clerk of the city council.
[Cross-reference: O.C.G.A. § 50-14-1(e) (2)]
Staff has contacted several municipalities Attached is a report of other municipalities minutes processes.
If approved, staff will begin completing the backlog of minutes in summary form. This change will assist
in providing the minutes in a more timely fashion and eliminate the need for additional staff.
Alternatives: N/A
Concurrent Review: Mark Scott, City Attorney
Aaron Bovos, City Manager
City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
RULES AND PROCEDURES FOR THE
CITY COUNCIL MEETINGS AND
PUBLIC HEARINGS
Section 1. Open Meetings.All meetings of the Mayor and City Council shall be held in
accordance with the provisions of Title 50, Chapter 14 of the Official Code of Georgia
Annotated. The public shall at all times be afforded access to all meetings other than executive
sessions.
Section 2. Executive Sessions. Executive sessions of the council may be held for the purpose
of discussing topics exempted from public access requirements by Title 50, Chapter 14 of the
Official Code of Georgia Annotated. Any portion of the meeting not subject to any such
exemptions shall be open to the public.
(a) Non-Exempt Topics. If a council member attempts to discuss a non-exempt topic
during an executive session, the mayor, city manager, or city clerk shall immediately rule
that council member out of order and such discussion shall cease. If the council member
persists in discussing the non-exempt topic, the mayor shall adjourn the meeting
immediately.
(b) Procedure For Entering Into Executive Sessions. No executive session shall be
held except pursuant to a majority affirmative vote of the city council taken in a public
meeting. The minutes of the public meeting shall reflect the names of the council
members present, those voting for the executive session, and the specific reasons for the
executive session. All votes taken on items discussed in executive session shall be taken
in an open meeting.
(c) Executive Session Minutes.
(1) Executive Sessions Discussing Real Estate Acquisition. Minutes of an
executive session in which the acquisition of real estate is discussed shall be taken
in the same manner as minutes of an open meeting (Section 21 of this document)
and available for public inspection except that any portion of the minutes
identifying the real estate shall be redacted until such time as the action for
acquisition of the real estate is taken, or decision is reached that the proposed
acquisition is to be terminated, abandoned or until court actions are to be initiated
through the use of condemnation proceedings.
(2) Other Executive Sessions. Minutes of executive sessions devoted to any topic
other than land acquisition may be maintained by the clerk at the direction of the
mayor. Any such minutes shall be maintained in a confidential file and shall not be
subject to disclosure, except that disclosure of such portions of minutes identifying
real estate to be acquired by the city council may only be delayed until such time as
Amended on January 18, 2007, Section 12 (d) Work Sessions
Second Amendment on June _____, 2007
City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
the acquisition of the real estate has been completed, terminated, or abandoned or
court proceedings have been initiated.
(d) Mayor or Presiding Officer Affidavit. The mayor or other presiding officer shall
execute an affidavit stating, under oath, that the executive session was devoted to topics
exempt from the public access requirements. The affidavit shall include the specific
exemption to the open meetings law. The affidavit shall be notarized and filed with the
minutes of the open meeting.
[Cross Reference: O.C.G.A. §§ 50-14-2, 5-14-3 and 50-14-4]
Section 3. Visual and Sound Recordings. Visual, sound, and visual and sound recordings
shall be permitted for all public hearings.
[Cross-reference: O.C.G.A. § 50-14-1(c)]
Section 4. Quorum. A quorum must be present for conducting meetings of the city council. A
quorum is four (4) members of the city council, including the Mayor. It is the duty of the mayor
or presiding officer to enforce this rule. Any council member may raise a point of order directed
to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the
course of a meeting, a council member or council members leave and a quorum no longer exists,
the meeting may not continue. If a quorum is not attained within thirty minutes, the meeting
may be rescheduled by the mayor or presiding officer with the approval of the council members
present.
Section 5. Mayor. The presiding officer of the city council shall be the mayor. As presiding
officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this
duty, the mayor shall enforce the rules of procedure that are adopted by the city council. The
mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce
motions and second motions, including a motion or second to go into executive session as
authorized by Section 2 of this ordinance. The mayor shall be a voting member of the elected
body.
Section 6. Mayor Pro-Tempore. The council shall select a mayor pro-tempore consistent with
the process outlined in the City of Milton Charter, sections 3.29 and 3.30.
Section 7. Presiding Officer. If the mayor and the mayor pro-tem are absent or otherwise
unable to serve as presiding officer at a meeting and a quorum of council members are present,
the remaining council members shall select a council member to serve as presiding officer of the
meeting until either the mayor or mayor pro-tem is present at the meeting.
Section 8. Parliamentarian. The city attorney shall serve as the parliamentarian for city
council meetings.
Section 9. Amendments to the Rules. Any amendments to the rules of order shall be
submitted by a council member in writing to the city manager three business days before a
Amended on January 18, 2007, Section 12 (d) Work Sessions
Second Amendment on June _____, 2007
City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
regular meeting of the city council. The proposed amendment shall be included in the agenda for
that meeting and distributed to all council members. All amendments require a majority vote of
the council to be adopted.
Section 10. Suspending the Rules of Order. Rules of order may be suspended in the case of
an emergency. A motion to suspend the rules requires a second, is debatable, and requires
unamious approval of the council. Rules governing quorums (Section 4), voting methods and
requirements (Section 17 and Section 18), the notification to council members of meetings
(Section 12(a) and (b)) and rules necessary for compliance with state law may not be suspended;
provided, however, that, in the event that a state of emergency is declared by the Governor or
other authorized state official, the city council may waive time-consuming procedures and
formalities imposed by state law.
[Cross-reference: O.C.G.A. § 38-3-54]
Section 11. Regular Meetings. Regular meetings of the city council shall be held at 7:00 p.m.
on the first and third Thursday of each month. All regular meetings shall be held at City Hall in
the Mayor and Council meeting room. A notice containing the foregoing information shall be
posted and maintained in a conspicuous place available to the general public at the regular
meeting place of the city council.
[Cross-reference: O.C.G. A. § 50-14-1(d)]
Section 12. Meetings Other Than Regular Meetings. The city council may meet at times and
locations other than those regularly scheduled meetings.
(a) Special Meetings and Rescheduled Regular Meetings. A regular meeting may be
canceled, rescheduled, recessed or moved to a new location within the city site by the
mayor and city council for any reason. Other special meetings may be scheduled by the
mayor or at the request of at least three (4) council members. Whenever a rescheduled
regular meeting or any other special meeting is to be held at a time or place other than the
regularly scheduled time or place, written notice of the change shall be posted for at least
24 hours at the regular meeting place. In addition, written or oral notice shall be given by
the clerk at least 24 hours in advance of the meeting to the legal organ of the city, as well
as to each member of the city governing authority.
[Cross-reference: O.C.G.A. § 50-14-1(d)]
(b) Meetings With Less Than 24 Hours Notice. When emergency circumstances occur,
the city council may hold a meeting with less than 24 hours notice to the public. When
such meetings are to be held, the clerk shall provide notice to the legal organ of the city
and to each member of the city governing authority as soon as possible. The notice shall
include the subjects expected to be considered at the meeting. In addition, the minutes
shall reflect the reason for the emergency meeting and the nature of the notice given to
the media.
[Cross-reference: O.C.G.A. § 50-14-1-(d)]
Amended on January 18, 2007, Section 12 (d) Work Sessions
Second Amendment on June _____, 2007
City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
(c) Meetings During a State of Emergency. When it is imprudent, inexpedient or
impossible to hold city council meetings at the regular meeting place due to emergency or
disaster resulting from manmade or natural causes, as declared by the Governor or other
authorized state official, the city council may meet anywhere within or outside of the city.
Such a meeting may be called by the mayor or by any three (3) council members. At the
meeting, the council members shall establish and designate emergency temporary
meeting locations where public business may be transacted during the emergency. Any
action taken in such meetings shall have the same effect as if performed at the regular
meeting site.
[Cross reference: O.C.G.A. §§ 50-14-1(d), 38-3-54, 38-3-55]
(d) Work Sessions. Meetings to discuss City business where no formal votes are taken
shall be scheduled in regular intervals to facilitate discussion on important topics. Work
Sessions shall be held at 5:30 p.m. on the second Thursday of each month. All work
session meetings shall be held at City Hall in the Mayor and Council meeting room. A
notice containing the foregoing information shall be posted and maintained in a
conspicuous place available to the general public at the regular meeting place of the city
council. Public input at work sessions will be allowed for ten (10) minutes per item, two
(2) minutes per person with the Mayor having flexibility to extend the time if needed.
Section 13. Order of Business. All regular city council meetings shall substantially follow an
established order of business. The order shall be as follows:
1. Call to Order
2. Roll Call
4. Pledge of Allegiance
5. Approval of Meeting Agenda
6. Public Comment
7. Consent Agenda
8. Reports and Presentations
9. Zoning Agenda
10. First Presentation
11. Unfinished Business
12. New Business
13. Mayor and Council Reports
14. Staff Reports
15. Adjournment
Section 14. Agenda. The city manager and city clerk shall prepare an agenda of subjects to be
acted on for each meeting. Work session topics and council agenda items shall be submitted
consistent with the attached process. The agenda shall be made available to the city council at
least one business day before every city council meeting.
Amended on January 18, 2007, Section 12 (d) Work Sessions
Second Amendment on June _____, 2007
City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
(a) Requests For Agenda Items.Members of the public may request that a particular
subject be placed on the agenda for a meeting. To be considered, this request shall be
submitted in writing to the city manager or city clerk.
(b) Changing The Agenda. The order of the agenda may be changed during a meeting
by a majority vote of the city council. A new item may be added to the agenda by a
majority vote of the city council only if it becomes necessary to address the item during
the meeting. An existing item may be removed from the agenda by the majority vote of
the city council.
(c) Agenda Must Be Made Public. The agenda of all matters to come before the city
council shall be made available to the public upon request and shall be posted at the
meeting site as far in advance as reasonably possible, but not more than two weeks prior
to the meeting. Not less than 24 hours prior to the start of the meeting.
[Cross-reference: O.C.G.A. §§ 50-14-1(e)(1) and 36-66-4]
Section 15. Consent Agenda. A consent agenda may be prepared by the city manager for the
city council to adopt motions on routine items. Any items of business that are expected to
receive unanimous approval without debate may be placed on a consent agenda. At the
appropriate time of the meeting, all of the items on the consent agenda shall be read into public
record. If a council member objects to an item being on the consent agenda, the council member
shall direct the move of that particular item to the regular agenda through a motion, second, and
majority vote. Following the reading of the consent agenda, the mayor may ask for approval of
the items on the consent agenda. If there are no objections, all the items on the consent agenda
shall be approved by a majority vote of the city council.
Section 16. Decorum. All council members shall conduct themselves in a professional and
respectful manner. Personal remarks are inappropriate and may be ruled out of order. A council
member may not speak at a meeting until he or she has been recognized by the mayor. All
comments made by a council member shall address the motion that is being discussed. The
mayor shall enforce these rules of decorum. If a council member believes that a rule has been
broken, he or she may raise a point of order. A second is not required. The mayor may rule on
the question or may allow the city council to debate the issue and decide by majority vote.
Section 17. Voting. Passage of a motion shall require the affirmative vote of a majority of those
voting at which a quorum is present. Unless otherwise specified in the charter as it pertains to
voting by the Mayor, a majority shall mean at least four of the council members present
(including mayor).
Section 18. Abstentions. A council member shall vote on all motions unless he or she has a
conflict of interest preventing him or her from making a decision in a fair and legal manner. If a
conflict of interest does exist, the council member shall explain for the record his or her decision
to abstain on any vote.
Amended on January 18, 2007, Section 12 (d) Work Sessions
Second Amendment on June _____, 2007
City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
Section 19. Public Participation. Public participation in meetings of the city council shall be
permitted in accordance with the provisions of this section.
(a) Public Comments. All members of the public wishing to address the city council
shall submit their name and the topic of their comments to the city clerk prior to the start
of any meeting held by the city council; provided, however, that if the applicants of
rezoning actions or individual who wish to oppose a rezoning action has contributed
more than $250 to the campaign of a council member who will consider the application,
the individual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A-
3(c) at least five calendar days prior to the first hearing by the city council. Individuals
may be allotted five minutes to make their comments and those comments shall be
limited to their chosen topic. These limits may be waived by a majority vote of the city
council.
[Cross-reference: O.C.G.A. § 36-67A-3]
(b) Public Participation on Agenda Items. The city council may allow public comment
on an agenda item at the time the item is being considered by the city council. These
comments shall be limited to the subject that is being debated. Members of the public
may speak for five minutes and may speak only once. These limits may be waived by a
majority vote of the city council. Anyone wishing to speak at any city council meeting
must be recognized by the mayor before addressing the city council.
(c) Decorum. Members of the public shall not make inappropriate or offensive
comments at a city council meeting and are expected to comply with the rules of decorum
that are established for council members. Individuals violating any rules of the city
council may be ruled out of order by the mayor or on a point of order made by a council
member. A majority vote of the city council shall rule on the point of order. An
individual violating the rules of decorum may be removed from the meeting at the
direction of the mayor.
(d) Public Hearings. The city council may schedule public hearings for the purpose of
soliciting public comment on any subject of interest to the city council. Hearings may be
held immediately prior to, during or following a meeting of the city council or at such
other places and times as the city council may determine. Hearings require at least ten
(10) minutes per side. These limits may be waived by a majority vote of the City
Council. No official action shall be taken at any such public hearing. Hearings on
zoning decisions shall be governed in accordance with the zoning policies and
procedures.
[Cross-reference: O.C.G.A. §§ 36-66-4 and 36-66-5]
(e) Representation of Civic Associations, Advocacy Groups or Homeowners'
Associations. The city council may allow public comment on either an agenda item
or general public comment from a representative of such an organized group or
association; provided, however, that such an individual shall file a notarized affidavit
Amended on January 18, 2007, Section 12 (d) Work Sessions
Second Amendment on June _____, 2007
City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
that they have the authority to speak on behalf of said organization on a form
provided by the City Clerk prior to the agenda item being called.
Section 20. Meeting Summary. A summary of the subjects acted upon in a meeting and the
names of the council members present at a meeting shall be written and made available to the
public for inspection within two business days of the adjournment of the meeting.
[Cross-reference: O.C.G.A. § 50-14-1(e)(2)]
Section 21. Minutes. The clerk of the city council shall promptly record the minutes for
each city council meeting. The minutes shall specify the names of council members present
at the meeting, a description of each motion or other proposal made at the meeting, the name
of the council member who proposed each motion, the name of the council member who
seconded each motion, and a record of all votes (the name of each council member voting
for or against a proposal shall be recorded). Minutes will be in summary form.Minutes for
zoning agenda items will be verbatim. More detailed information may be included in the
minutes at the request of the city council.
The city council shall approve the minutes before they may be considered as an official
record of the city council. The minutes shall be open for public inspection once approved as
official by the city council but in no case later than immediately following the next regular
meeting of the city council.Regular meeting minutes will be provided at the next regularly
scheduled meeting. Work Session minutes will be provided at the next regularly scheduled
Work Session. A copy of the minutes from the previous meeting shall be distributed to the
city council at least one business day before the following meeting. The minutes of the
previous meeting shall be corrected, if necessary, and approved by the city council at the
beginning of each meeting. A majority vote is required for approval. Conflicts regarding
the content of the minutes shall be decided by a majority vote. Upon being approved, the
minutes shall be signed by the mayor and attested to by the clerk of the city council.
[Cross-reference: O.C.G.A. § 50-14-1(e) (2)]
Section 22. Roberts Rules of Order. This document shall serve as the rules and procedures of
the Mayor and City Council. In the absence of applicable rules and procedures which may from
time to time be encountered during the public meetings, Roberts Rules of Order shall be
followed.
Amended on January 18, 2007, Section 12 (d) Work Sessions
Second Amendment on June _____, 2007
City of Milton
13444 Deerfield Parkway, Suite 147, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: June 13, 2007
FROM: City Manager
AGENDA ITEM: APPRO AL OF THE ISSUANCE OF ALCOHOL BEVERAGE
LICENSES.
MEETING DATE: Thursday, June 21, 2007 Work Session
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED {} NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: N' YES {) NO
L
CITY ATTORNEY REVIEW REQUIRED: () YES NO
APPROVAL BY CITY ATTORNEY KAPPRO VED {) NOT APPROVED
PLACED ON AGENDA FOR: -3-V
Or-,./� -� f! 2fc-�
REMARKS:
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, Director of Operations
Date: Submitted on May 17, 2007 for June 21, 2007 City Council Meeting
Agenda Item: Approval of the Issuance of Alcohol Beverage Licenses
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to Tokyo Sushi, Inc. for consumption on
the premises of wine and malt beverage.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name:Toyko Sushi, Inc.
Owner(s) Name:Chen Mei Chan J
Business Address:980 Birmingham Road Suite 303, Alpharetta, GA 30004
Type of License to be Issued:Consumption on the Premises - Wine/Malt Beverage
Concurrent Review:
Aaron Bovos, City Manager
Tom Wilson, Director of Community Development
Chris Lagerbloom, Public Safety Director
1