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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 t o t Z L [] 0 F p w m U c ❑ E o e d ❑ ° =W U ❑ N N 0 2 N N N (J N U V! w N N v] N co N y N N Q+ y U N N W �] A7 2 Q .R. 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L> uE N w o C7 E j 2 C7 L C7 >� a`� U U m y � �, H ��+ Q�� Q wa o -0 _ �❑ m L w S❑❑ o p 3 -_° c Q o t m o Q o -_° a 'c m a p v CO m m M 7 m`ziZ W mU❑ ❑LLF W00<0DYL7U7OM c) r N C7 "r Ln CD O CA O r N M C f~ W CA Q N C`l wT LL7 CD r- CO T O r N M IT H] CD r- 00 C O N O O C7 O O O O C r r N N N N N N N C+1 N N M M co M M m M M Cl) Cl) 0 0 0 0 09 0 99 o d o o a o 0 0 4 g 4 4 0 o a o 0 0 0 00 0 0 0 0 o a c a r,rnrrir,r-rnr-rrirnM1l1r-r-r` r-M1r-r,r+r.- tiPI- tits=r, r,r-11,1-11 r,nnr. nn` rrnr- C7 0 C7 0 0 0 0 0 O O O C 0 0, O 0 0 0 0 0 0 0 C7 0 0 CD C7 O Ca O O O m O O m C] O O O O Lo ED co 4 9 Q 4 O O O O N N N N rO1 u] P7 C7 N � 4 4 � N N o0 N C C C C D 6 ❑ D D U] G1 N a a n a 0000 0 0 44 r�r o v ❑ W U V V U Q'Q'Q'a D- _� R [6 R R d C C C C IL w o o ar-o o a z aJ Co Ln U a� a w rf> rsa L++�oa H Q o v v v N N N N ❑ N _ � r r Lo ED co 4 9 Q 4 O O O O N N N N rO1 u] P7 C7 N � 4 4 � N N o0 N C C C C D 6 ❑ D D U] G1 N a a n a 0000 0 0 44 r�r o v 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 LLL 0 w J Q IL d U i5 Q] d O m O ' ((pp N W h V- m N Q 0 a 0 S O 0. M W 0 0 O O C? N CO I- Ld m b V [`) C9 O O o Cl Cl 4 0 d N C O a N a Cl ZLLI Z Z Qa Q L 613 03 V! 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H3 M N iFY 49 LL U 2 a fL' U 2 LLJ ER di C+i 4R. Vi V: Vj LLJ w M 2 LU 4 x LLJ rs Fa w ss .n u► O C3 O O CS O Q C] c 4 b CS O P d CS 4 C1 C] G lz VJ $ 'n ui v 6-0 a � o n a tiLP r v F- a a ❑ s= 0Y C o 0 a @ N C V) 69 fA 61} 64 d} +A Q LLI ° i7 m w Z O c J U CO Q Ul ) U _ W o 4 v Q a p 0x J m a _ � m �, > C U Lu m a U a ca 0 H N J 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 z c� aW -j❑ W aW V Z O J a2 LL f O l❑l. W ac �zC Rol0 LL ❑o LU Fill V (W Z Z a❑ uxl U LL s: -1 7 O I - a e aF Q � n 0 0 CVLL C N O a L) CL LL Q a W Q '2 LL H d a F- O Q a C Z [V rn Z F Q Z w 4 <- E U a LL O z. ¢x- 3 0 F u ❑I- x w Q LL w a a C w i� M a x v F a w g O a w V Z J a ❑ azo o9m W Cl a Jjjw U N WaZ wa N LL' .1 ❑ ti IL a IL N Q J = W a O {r UJ N ❑ ❑ 2 wF ❑ N LL W z M 2 � Q Lit a a L7 J z Z oa❑ ~tea W- I ro m � 4 LL � IL � C i l q ° 2 c jW 61 O i 7a -C7 L]C7c 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 Formatted: Highlight 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) Deleted: (Added 07/02/03) denied the application within ninety (90) days (unless the Formatted: Highlight Deleted: Community Zoning BoardCouncil Deleted: Board of Commissioners Deleted: Board Deleted: Board of Commissioners Deleted: 12030 Formatted: Highlight Deleted: sixty (60) Deleted: County Deleted: (Added 07/02/03) Deleted: Board of Commissioners Deleted: Board of Commissioners 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