HomeMy WebLinkAbout06-02-08 PacketCITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Tina D’Aversa
Alan Tart
Monday, June 2, 2008 Regular Council Meeting Agenda 6:00 PM
INVOCATION
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by Sons of the American Revolution)
(Agenda Item No. 08-586)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
5) PUBLIC COMMENT
6) CONSENT AGENDA
(Agenda Item No. 08-587)
1. Approval of the May 12, 2008 Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-588)
2. Approval of the May 19, 2008 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
7) REPORTS AND PRESENTATIONS
1. Proclamation for National Flag Day.
(Presented by Councilmember Bill Lusk and the Sons of the American Revolution)
2. Proclamation for City of Milton MDA Firefighter Appreciation Month.
(Presented by Betsy Grome, MDA Program Coordinator)
Page 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
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 2, 2008 – 6:00 PM
8) FIRST PRESENTATION
(Agenda Item No. 08-589)
1. RZ08-02 – Text Amendment to Article 28 Rezoning Procedures.
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 08-590)
2. RZ08-03 - Text Amendment to Article 12G Highway 9 /Scope of DRB.
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 08-591)
3. RZ08-04 - Text Amendment to Article 12H NW Overlay / Scope of DRB.
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 08-592)
4. RZ08-05 - Text Amendment to Article 12H1 Crabapple / Scope of DRB.
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 08-593)
5. RZ08-06 -Text Amendment to Article 12H2 Birmingham / Scope of DRB
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 08-594)
6. RZ08-07 - Text Amendment to Article 12A Overlay District / Scope of DRB.
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 08-595)
7. ZM08-03 - 3160 Francis Road, Canine Assistants, By Planners and Engineers
Collaborative, to modify condition 2.a. to modify the site plan (U07-007).
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 08-596)
8. ZM08-04 -5404 Windward Parkway, Real Development LLC, by Robert Forrest, to
modify condition 2.a. to modify the site plan (96Z-127).
(Presented by Alice Wakefield, Community Development Director)
9) ZONING AGENDA (None at this time)
11) UNFINISHED BUSINESS
(Agenda Item No. 08-582)
1. Approval of an Ordinance Amending Chapter 15, Health and Public Safety, Article
2, as it pertains to the regulations involving firearms and components of firearms, of
the Code of the Ordinances of the City of Milton, Georgia.
(Presented by Chris Lagerbloom, Public Safety Director and Angie Davis, City Attorney)
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
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 2, 2008 – 6:00 PM
12) NEW BUSINESS
(Agenda Item No. 08-597)
1. Approval of a Resolution Amending Resolution No. 08-05-37, A Resolution
Appointing a Citizen’s Participation Group for potential revision to the Milton Tree
Preservation Ordinance and Administrative Guidelines (Districts 1 and 4).
(Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-598)
2. Approval of the March 2008 invoice for legal fees.
(Presented by Stacey Inglis, Finance Manager)
(Agenda Item No. 08-599)
3. Authorization of Contracting for Emergency Medical Services & Establishment of
Oversight Committee.
(Presented by Chris Lagerbloom, Public Safety Director)
(Agenda Item No. 08-600)
4. Approval of a Resolution Regarding the Fulton County Board of Education’s Proposed
High School at Freemanville Road.
(Presented by Jarrard & Davis, City Attorney)
(Agenda Item No. 08-601)
5. Approval of the First Amendment to the Sublease between Fulton County and City of
Milton for the Northwest Fire Station located at 750 Hickory Flat Road.
(Presented by Jarrard & Davis, City Attorney)
(Agenda Item No. 08-602)
6.Approval of a Resolution of the Milton City Council to establish a policy prohibiting
extension of public sewer and wastewater treatment service to any parcel within the City
limits that is not located within the Fulton County sewer service area and to further
clarify he boundaries of the Fulton County sewer service area.
(Presented by Jarrard & Davis, City Attorney)
13) MAYOR AND COUNCIL REPORTS
14) STAFF REPORTS
15) EXECUTIVE SESSION (If needed)
(Agenda Item No. 08-603)
16) ADJOURNMENT
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
The minutes will be
Provided
electronically
National Flag Day
WHEREAS: The Continental Congress of the United States, on June 14, 1777, adopted the first
Official flag of the United States; and
WHEREAS: The Congress of the United States on August 3, 1949, officially designated June
14 of each year as “National Flag Day”; and
WHEREAS: The Congress of the United States on June 20, 1965, adopted a Joint Resolution
approved by the President, to recognize a pause for the Pledge of Allegiance as
part of National Flag Day ceremonies and urged all Americans to participate:
WHEREAS: The City of Milton has always been proud of our National Flag and what it
symbolizes, knowing that it stands for the best that humankind has ever sought
and achieved in the history of this world: and
NOW THEREFORE: We, the Mayor and City Council of the City of Milton, do hereby
recognize and proclaim June 14, in the year two thousand and eight as “National Flag Day” and
call upon all citizens to share actively in this commemoration join in common declaration of
faith represented in the words of the Pledge of Allegiance.”
Given under my hand and Seal of the City of Milton this 2nd day of June, 2008.
_________________________
Joe Lockwood, Mayor
(Seal)
MDA Firefighter Appreciation Month
WHEREAS: Dedicated and selfless firefighters in Milton provide vital and lifesaving
services to the citizens of their community; and
WHEREAS: At a moment’s notice, these men and women risk their lives subduing fires
and rescuing those trapped in infernos, as well as saving citizens from
emergencies that could have been deadly situations; and
WHEREAS: Georgia firefighters’ contribute significantly to the continued well-being
of Georgians through their outstanding commitment to community
service. Their sense of duty and responsibility is evidenced by their
hundreds of volunteer hours in annual boot drives to collect funds to fight
Muscular Dystrophy; and
WHEREAS: For over 50 years, firefighters throughout Georgia and the nation have
worked with MDA to eradicate the muscular dystrophies, Lou Gehrig’s
disease, myasthenia gravis, and other neuromuscular diseases; and
WHEREAS: Many of Milton’s most deserving citizens have benefited from the funds
raised by firefighters in the “Fill-the-Boot” Campaign, and these public
servants make invaluable contributions to our community in all tasks they
perform; now
THEREFORE: I, Joe Lockwood, Mayor of Milton, do hereby proclaim the Month of
June, as MDA Firefighter Appreciation Month in Milton and encourage
all citizens of Milton, Georgia to recognize and support the efforts of these
firefighters on behalf of MDA.
Given under my hand and Seal of the City of Milton this 2nd day of June, 2008.
_________________________
Joe Lockwood, Mayor
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Alice Wakefield, Community Development Director
Date: May 27, 2008 for Submission onto the June 16, 2008, City Council
Meeting
Agenda Item: RZ08-02, Text Amendments to the City of Milton Zoning Ordinance, Article 28,
Rezoning and other Amendment Procedures
CMO (City Manager’s Office) Recommendation:
To review the attached text amendment to the City of Milton Zoning Ordinance as
recommended by the Mayor and City Council.
Background:
The Mayor and City Council asked Staff to look at Article 28 of the Zoning Ordinance regarding
the processes that are required by both the City and the applicant when a rezoning/use permit
request is submitted. In addition, Staff had discovered that under the current Zoning Ordinance,
reversion of zonings were required. After consultation with the City Attorney, it was determined
that reverting approved zonings and use permits are unconstitutional. Therefore, the attached
amendment reflects the removal of the process of reversions. The attached amendments to
Article 28 reflect the discussions that took place at the February 11, 2008 City Council Work
Session.
Discussion:
The City Council’s goal is to ensure that during the rezoning process, the citizens are informed
and educated about upcoming rezonings, concurrent variances and use permits. Secondly, the
citizens have every opportunity to voice their opinions and suggestions regarding these
petitions.
Within the text amendment, the proposed changes suggested by the Mayor and City Council
are in blue. The City of Milton Planning Commission reviewed the proposed changes at its April
2008 meeting and made their recommendations which are highlighted in yellow.
Listed below are the highlights of the proposed changes to Article 28:
•Global changes that reference Fulton County Board of Commissions, Fulton County
Zoning Board and various other references to Fulton County to reflect the City of Milton
and its associated commissions and departments.
•Public Participation Report due 7 business days prior to the Planning Commission
Hearing in addition to the Mayor and City Council meeting.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
•Making the Community Zoning Information Meeting (CZIM) a public meeting that
requires notification by the City with signage, mailings and publication in a newspaper of
general circulation.
•Requiring that mailed notices be sent to at least 50 property owners if the 300 foot radius
of the subject site does not retrieve at least 50 property owners.
•The applicant is required to post new dates when a petition is deferred by either the
Planning Commission or the Mayor and City Council. This includes deferrals for less
than 20 days. Re-notification is also required by mail when deferred by the Planning
Commission or the Mayor and City Council. Re-publication in the newspaper is only
required when the petition is deferred by the Mayor and City Council.
•At the time of submitting the Environmental Site Analysis (ESA), the applicant will be
required to identify all specimen trees on the site plan.
•Deletion of all references to the process of reverting approved rezonings and use
permits.
Alternatives:
The Mayor & City Council could keep Article 28 the same with exception to the deletion of the
reversion process.
Concurrent Review:
Billy Beckett, City Manager
City Attorney
ADOPTED BY THE CITY OF MILTON MAYOR & CITY COUNCIL
ON DECEMBER 21, 2006
ARTICLE XXVIII
REZONING AND OTHER AMENDMENT PROCEDURES
28.1. GENERAL AMENDMENTS. Whenever the public necessity, convenience,
general welfare or good zoning practice justify such action, and after
consideration by the Planning Commission, the Mayor and City Council may, by
ordinance, change the regulations set forth in this Zoning Ordinance (text
amendment) or amend the Zoning Maps.
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In amending the Zoning Maps, the Mayor and City Council may approve a use
permit and/or zoning district applied for by the applicant or a more restrictive
zoning district based on the ranking of the City of Milton zoning district
intensities. The Mayor and City Council may consider a variance filed
concurrently with a request for a rezoning and/or use permit.
In approving any zoning district change and/or use permit, the Mayor and City
Council shall impose conditions of approval as deemed necessary and appropriate
to mitigate potentially adverse influences or otherwise promote the public health,
safety or general welfare.
Rezonings and/or use permit requests are referred to in this text as land use
petitions. All land use petitions approved by the Mayor and City Council are
subject to conditions approved by the Mayor and City Council.
28.2. LAND USE PETITIONS. Land use petitions may be initiated by the property
owner or the Mayor and City Council on forms available from the Community
Development Department.
No final action shall be taken on a land use petition affecting the same parcel
more often than once every 12 months when the petition is initiated by the
property owner.
At any time, the Mayor and City Council may initiate a land use petition on
property which was previously rezoned. However, a six-month waiting period
from the date of final Council action is required when a rezoning and/or use
permit request was previously denied.
If a petition was previously denied, the owner must demonstrate that the proposed
land use petition is significantly different from the previous denial to the
satisfaction of the Mayor and City Council before it can be considered for a
MILTON ZONING ORDINANCE
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reinitiation. A significant difference includes, but is not limited to a change in
zoning district, use, density, height, buffers or other methods of screening, or
other items which were discussed at a public hearing.
Appeals to Superior Court.
Any appeal of, or other legal challenge to, a Mayor and City Council’s final
decision regarding a use permit petition shall be pursued by petition for writ of
certiorari filed with the Superior Court of Fulton County within 30 days of the
date of the Mayor and City Council’s decision. The applicant’s petition and all
other initial filings with the Superior Court shall be served upon the named
defendants/respondents in accordance with O.C.G.A. § 9-11-4.
Upon filing such appeal, the Clerk of Superior Court shall give immediate notice
thereof to the Director of Community Development, and within 30 days from the
date of such notice, the Director of Community Development shall cause to be
filed with the Clerk of Superior Court a certified copy of the proceedings before
the Council and the decision of the Council.
28.2.1. FILING DEADLINES. A complete land use petition shall be submitted in
accordance with the advertised filing deadlines. The Director may extend the
filing deadline by two days with a letter of explanation from the applicant
justifying the delay of submittal. An incomplete petition will not be accepted.
28.2.2. WITHDRAWAL PRIOR TO ADVERTISING. If a land use petition has not
been advertised for public hearing, a written request for withdrawal with the
reason for the request shall be made to and accepted by the Director.
28.2.3. WITHDRAWAL AFTER ADVERTISING. After a land use petition has been
advertised for public hearing, it may only be withdrawn by the Mayor and City
Council at the public hearing. A withdrawal shall not be deemed final action and
shall not bar submission of a new petition. A written request for withdrawal with
the reason for the request shall be made to the Director.
28.2.4. PETITION REQUIREMENTS. All petitions shall include the following with
the required number of copies of each as prescribed by the Director:
(1) Pre-application Review Form
(2) Signed and notarized petition with original signatures;
(3) Legal Description;
(4) Letter of Intent;
(5) Site plan which meets the requirements specified in Article 28.5.2;
(6) Site plan checklist which indicates compliance with site plan requirements
MILTON ZONING ORDINANCE
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specified in Article 28.5.2;
(7) Environmental Site Analysis;
(8) PDF file of Site Plan;
(9) Impact Analysis for rezoning petitions;
(10) Disclosure Form;
(11) Public Participation Plan;
(12) Public Participation Report (due no later than 7 business days before the
Mayor and City Council meeting)
(13) Traffic Study, as required by the City of Milton Right-of-Way Ordinance;
(1 )4 Development of Regional Impact Review Form, if applicable;
(15) Environmental Impact Report, if applicable;
(16) Noise Study Report, if applicable;
(17) Other documents as identified in the pre-application review; and
(18) Filing fee
28.3. PUBLIC HEARING AND NOTICE REQUIREMENTS.
Before adopting any change to the Zoning Maps or text of the Zoning Ordinance,
the Mayor and City Council shall hold a public hearing following the public
hearing by the Planning Commission where a recommendation was made on the
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Protection Act Pre-Review Letter, if
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(15) MARTA Corridor Plan Review
Form, if applicable;¶
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petition.
Notice of the Community Zoning Information Meeting (CZIM) shall be given at
least 14 days prior to the date of the CZIM and shall be published in a newspaper
of general circulation.
Notice of the Planning Commission and Mayor and City Council hearings shall be
given simultaneously at least 15 days but not more than 45 days prior to the date
of the Mayor and City Council’ public hearing and shall be published in a
newspaper of general circulation. Renotification is required when a petition is
deferred by the Mayor and City Council.
The applicant or agent shall post a sign as issued by the Community Development
Department in a conspicuous location on each street frontage of the subject
property not later than 5:00 p.m. on the 14th day prior to the Community Zoning
Information Meeting (CZIM).
The applicant or agent shall post a sign as issued by the Community Development
Department in a conspicuous location on each street frontage of the subject
property not later than 5:00 p.m.. on the 20th day prior to the Planning
Commission Hearing. It will be the applicant’s responsibility to ensure the
posting remains on site until a decision is rendered by the Mayor & City Council.
The sign shall be mounted and posted as specified by the Community
MILTON ZONING ORDINANCE
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. Property that is not posted on the 20th day before the
scheduled first hearing date will be administratively removed from the agenda.
When the Planning Commission or the Mayor and City Council defers a petition,
the applicant is required to post an updated sign with new hearing dates 20 days
prior to the next scheduled hearing date. When a petition is deferred by the
Mayor and City Council or the Planning Commission for less than 20 days,
posting an updated sign is required by the applicant.
The Department shall give notice by regular mail to all property owners/or current
resident within 300 feet of the boundaries of the subject property with a minimum
of 50 owners who appear on the tax records of Fulton County as retrieved by the
City’s Geographic Information System. The notices shall be mailed a minimum
of 14 days prior to the Community Zoning Information Meeting (CZIM).
Renotification by mail is required when a petition is deferred for any amount of
time by the Planning Commission or the Mayor and City Council.
The published and mailed notices shall contain the time, place, and purpose of the
Community Zoning Information Meeting (CZIM), Planning Commission and
Mayor and City Council hearings, the location of the property, and the present
and proposed zoning classifications and/or requested use permit. The posted sign
shall include all of the items required in the published notice except the location
of the property. Notice shall not be considered inadequate if the mail is not
delivered.
MILTON ZONING ORDINANCE
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28.3.1. SECRETARY. The Director or his/her appointee shall serve as Secretary to the
Planning Commission. The Secretary shall keep minutes of proceedings, showing
the vote of each member upon each question, or if absent or failing to vote,
indicating such fact; and shall keep records of evidence, examinations and official
actions, all of which shall be filed and shall be a public record.
28.4. TECHNICAL EVALUATIONS AND REPORTS. Proposed land use
petitions shall be considered by the Mayor and City Council only after the
evaluations and reports required below have been completed and the Planning
Commission has made a recommendation. Such reports shall be public record.
28.4.1. ZONING IMPACT ANALYSIS BY THE PLANNING COMMISSION AND
THE DEPARTMENT. For each rezoning petition, the Planning Commission
and the Department shall investigate and make a recommendation with respect to
the factors listed below. The Department shall make a written record of its
investigation and recommendation on each rezoning petition, as well as any other
factors it may find relevant, and carry out any other duties with which it is
charged by the Mayor and City Council.
The Planning Commission shall make a recommendation which the Department
shall transmit in writing to the Mayor and City Council.
The zoning impact analysis factors are as follows:
A. Whether the zoning proposal will permit a use that is suitable in view of
the use and development of adjacent and nearby property;
B. Whether the zoning proposal will adversely affect the existing use or
usability of adjacent or nearby property;
C. Whether the property to be affected by the zoning proposal has a
reasonable economic use as currently zoned;
D. Whether the zoning proposal will result in a use which will or could cause
an excessive burdensome use of existing streets, transportation facilities,
utilities, or schools;
E. Whether the zoning proposal is in conformity with the policies and intent
of the land use plan;
F. Whether there are other existing or changing conditions affecting the use
and development of the property which give supporting grounds for either
MILTON ZONING ORDINANCE
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approval or disapproval of the zoning proposal; and
G. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and citizens
of Fulton County.
28.4.2. ZONING IMPACT ANALYSIS BY APPLICANT. If a rezoning is initiated
by the property owner, a written documented analysis of the impact of the
proposed zoning with respect to each of the matters enumerated in 28.4.1 is
required at the time of filing the land use petition.
28.4.3. ENVIRONMENTAL REPORTS. If a rezoning and/or use permit is initiated
by the property owner, an Environmental Site Analysis and/or an Environmental
Impact Report shall be filed with the land use petition per the following:
28.4.3.1. ENVIRONMENTAL SITE ANALYSIS (ESA). All rezoning and/or use
permit petitions shall include an Environmental Site Analysis to identify
environmental conditions on the site to determine if the proposed use may be
considered environmentally adverse.
The Environmental Site Analysis shall detail the following:
1. How the project conforms to the Comprehensive Land Use Plan;
2. The presence or absence of the following and does the project encroach or
adversely affect any of the following:
a Wetlands;
b. Floodplains;
c. Streams/stream buffers;
d. Slopes exceeding 25 percent over a 10 ft. rise in elevation;
e. Vegetation (including endangered species; areas of confirmed
Georgia Department of Natural Resources listed endangered
species shall comply with the Federal Endangered Species Act)
(Amended 04/05/06);
f. Wildlife species (including fish and endangered species; areas of
confirmed Georgia Department of Natural Resources listed
endangered species shall comply with the Federal Endangered
Species Act) (Amended 04/05/06);
g. Archeological/historical sites;
h. Identify all specimen trees as defined in the City of Milton Tree
Preservation Ordinance.
3. How the project implements the following:
MILTON ZONING ORDINANCE
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a. Protection of environmentally sensitive areas (floodplains, slopes
exceeding 25 percent, river corridors);
b. Protection of water quality;
c. Minimization of negative impacts on existing infrastructure;
d. Minimization of negative impacts on archeological/historically
significant areas;
e. Minimization of negative impacts on environmentally stressed
communities;
f. Creation and preservation of green space and open space;
g. Protection of citizens from the negative impacts of noise and
lighting;
h. Protection of parks and recreational green space;
i. Minimization of impacts to wildlife habitats;
28.4.3.2. ENVIRONMENTAL IMPACT REPORT (EIR). Any petition for an
industrial rezoning and/or use permit shall include an Environmental Impact
Report to determine if the proposed use is environmentally adverse.
The Environmental Impact Report shall detail the following:
1. Conformance to the Comprehensive Plan including each of the policies
regarding environmental justice;
2. Impacts on noise levels of the surrounding area;
3. Impacts on air quality of the surrounding area;
4. Impacts on water quality/resources including surface water, ground water,
flood plains, and wetlands;
5. Impacts on vegetation, fish, and wildlife species and habitats;
6. Impacts of thermal and explosive hazards on the surrounding area;
7. Impacts of hazardous wastes on the surrounding area;
The report shall cite all uses and quantities of any agents listed on the
Federal Environmental Protection Agency Lists of Hazardous Wastes.
The Environmental Impact Report shall detail strategies to mitigate or avoid
impacts listed above as applicable.
MILTON ZONING ORDINANCE
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28.4.3.3. REVIEW CRITERIA FOR ESA AND/OR EIR. Environmental Site Analysis
and/or Environmental Impact Reports shall be reviewed based upon the
following:
1. Whether the petition is consistent with the policies of the Comprehensive
Land Use Plan;
2. The detail provided for ESAs and EIRs as outlined in Sections 28.4.3.1.
and 28.4.3.2. above.
The Department shall review the ESAs and EIRs submitted with petitions for
rezoning and/or use permits and make recommendations to the Mayor and City
Council with respect to the proposed use. The anticipated impact of the
proposed use on an environmentally stressed community will be included in the
Department’s recommendation.
As determined by the Director or his/her designee, Environmental Impact Reports
may also be required with applications for land disturbance permits, building
permits, temporary or permanent certificates of occupancy, or any other permits
issued by the Department of Environment and Community Development.
28.4.4. TRAFFIC IMPACT STUDY. A Traffic Impact Study is required when a land
use petition equals or exceeds the thresholds indicated in the Department’s
Rezoning, Use Permit & Concurrent Variance Application Package. The study
shall be prepared by a certified traffic engineer or transportation planner in
accordance with professional practices and must be submitted at the time of the
filing of the land use petition.
28.4.5. DEVELOPMENT OF REGIONAL IMPACT STUDY (DRI). A
Development of Regional Impact Study is required when a land use petition meets
or exceeds the thresholds indicated in the Department’s Rezoning, Use Permit &
Concurrent Variance Application Package. Form 1: Initial DRI Information must
be submitted at the time of the filing of the land use petition.
28.4.6. NOISE STUDY REPORT. (Amended 04/05/06)
A noise study shall be performed, by a state registered professional engineer or
noise professional, if a proposed site is located within 1,000 feet of an
expressway, within 3,000 feet of an active rail line, or within 5 miles of the
Hartsfield-Jackson International Airport boundary. An expressway is defined as a
highway facility usually having two or more lanes for the exclusive use of traffic
in each direction and partial control of access (i.e. I-85, I-285 and GA-400).
1. The noise study shall include an analysis of the proposed use with respect
MILTON ZONING ORDINANCE
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to existing ambient noise, that is, business and industry noise, aircraft
noise, roadway noise, and construction noise.
2. If the noise study results in a day-night average sound level greater than
65 dBA, the applicant shall provide a sound attenuation plan specifying
the type of noise buffering measures/materials to be employed during
construction that will reduce the interior residential noise levels to 50 dBA
or less.
3. The sound level readings shall be measured at a distance from the site to
the noise source. The measurement should be from the source to the
nearest points on the site where structures having noise sensitive uses are
located. These points shall be labeled as the NAL (noise assessment
locations). The measurement location for structures is a point 6.5 feet
from the facade. In the event that the location of the structures has not yet
been specified at the time of the noise study, then the distance used in the
noise study should be measured as 6.5 feet less than the distance from the
structure setback line to the major source(s) of noise. (Reference: Title 24,
Housing & Urban Development, Part 51 – Environmental Criteria and
Standards, Subpart B – Noise Abatement and Control, Section 51.103)
Criteria and Standards (c) Exterior standards.
28.4.7. PUBLIC PARTICIPATION PLAN AND REPORT.
The Public Participation Plan is to ensure that applicants pursue early and
effective public participation in conjunction with their petitions, ensure that the
citizens of Milton have an adequate opportunity to learn about petitions that may
affect them, and to ensure ongoing communication between applicants, adjoining
property owners, environmentally stressed communities, community associations
and other organizations, elected officials and County staff. A target area for
public participation should be determined by the applicant and current planner at
the time of the pre-application review. Applicants are required to submit a
Public Participation Plan for meeting with interested citizens to advise of pending
rezoning/use permit applications and to allow citizens the opportunity to discuss
concerns and provide input about project design or development. An applicant’s
responsibilities are to inform the public, solicit input, and provide a summary of
these activities in the form of a written report (Public Participation Report).
The requirement for a Public Participation Plan does not give communities
decision making powers or force a consensus on issues. Applicants are not
obligated to make any concessions or changes based upon input from citizens. A
refusal by the community to meet with applicants does not mean that the
applicants fail to meet the requirements of the Public Participation Plan.
MILTON ZONING ORDINANCE
RZ08-002-TEXT AMENDMENT
28-10
Deleted: Fulton County
application.
Dialogue shall occur between applicants and communities (not including the
Community Zoning Information Meeting) before the Planning Commission
hearing, the first public hearing. Public Participation Plans are required with all
rezoning and/or use permit applications and must be filed simultaneously with the
application. Participation Plan Reports are required to be submitted no less than
seven (7) business days before the scheduled before the Planning Commission
meeting and an updated Public Participation Report seven (7) business days
before the Mayor & City Council hearing. If the reports are not submitted as
required, the Planning Commission or the Mayor and City Council may defer an
Deleted: should
Deleted: Community Zoning Board
Deleted: Board of Commissioners’
Deleted: hearing
Deleted: is
Deleted:
The minimum requirements for Public Participation Plans and Public
Participation Reports are as follows:
A. Public Participation Plan. Every application for a rezoning or use permit
which requires a public hearing shall include a Public Participation Plan
which must be implemented prior to the first public hearing.
Minimum Standards:
1. Identification of all property owners within a quarter mile of the
site and area homeowners’ associations, environmentally stressed
communities, political jurisdictions, and any other public agencies
or organizations which may be affected by an application as
determined by the applicant and the current planner at the time of
the pre-application review.
2. Explanation of how interested parties will be informed of
rezoning/use permit applications.
3. Methods for providing opportunities for discussion with interested
parties before public hearings are held. Applicants are required to
schedule at least one meeting at a convenient location and time and
notify all interested parties, as identified in 1. above prior to the
first Planning Commission meeting, of the purpose, place and time
of the meeting.
4. Applicant’s schedule for completion of the Public Participation
Plan.
B. Public Participation Report. Every rezoning and use permit applicant is
required to provide a Public Participation Report on the Department’s
form no later than seven (7) business days before the Planning
Commission Meeting and an updated report no later than seven (7)
MILTON ZONING ORDINANCE
RZ08-002-TEXT AMENDMENT
28-11
Deleted: Board of Commissioners
business days before the scheduled Mayor and City Council’s hearing.
These reports shall be made a part of the official file and a summary will
be provided to the Mayor and City Council.
Minimum Standards:
1. Provide a list of all parties that were contacted, the methods of
notification that were used, and copies of all notification letters.
2. Provide dates and locations of all community and/or other
meetings that were attended by the applicant to discuss an
application. (attach meeting notices, letters, etc.)
3. Provide the number of people who participated in meetings held to
discuss an application. (attach sign-in sheets)
4. A summary of concerns and issues expressed by interested parties.
5. A summary of the applicant’s response to concerns and issues.
28.5. CONDITIONAL DEVELOPMENT.
28.5.1. DESIGNATION. Each zoning district shall have a designation thereunder to be
known as Conditional for that district.
28.5.2. PLANS. Site plans for rezonings and use permits must be folded, drawn to scale,
no larger than 30” x 42”, and shall, at a minimum, include the following
information:
(1) Key and/or legend and site location map with North arrow;
(2) Boundary survey of subject property which includes dimensions along
property lines that match the metes and bounds of the property’s written
legal description and clearly indicates the point of beginning;
(3) Acreage of subject property;
(4) Location of land lot lines and identification of land lots;
(5) Existing, proposed new dedicated and future reserved rights-of-way of all
streets, roads, and railroads adjacent to and on the subject property;
(6) Proposed streets on the subject site;
MILTON ZONING ORDINANCE
RZ08-002-TEXT AMENDMENT
28-12
Deleted: Board of Commissioners
Deleted: is
Deleted: Board of Commissioners
(7) Posted speed limits on all adjoining roads;
(8) Current zoning of the subject site and adjoining properties;
(9) Existing buildings with square footages and heights (stories), wells,
driveways, fences, cell towers, and any other structures or improvements
on the subject property;
(10) Existing buildings with square footages and heights (stories), wells,
driveways, fences, cell towers, and any other structures or improvements
on adjacent properties within 400 feet of the subject site based on the
City’s aerial photography or an acceptable substitute as approved by the
Director;
(11) Location of proposed buildings (except single family residential lots) with
total square footage;
(12) Layout and minimum lot size of proposed single family residential lots;
(13) Topography (surveyed or City) on subject site and adjacent property
within 200 feet as required to assess runoff effects;
(14) Location of overhead and underground electrical and pipeline
transmission/conveyance lines;
(15) Required and/or proposed setbacks;
(16) 100 year flood plain horizontal limits and flood zone designations as
shown on survey or FEMA FIRM maps;
(17) Required landscape strips, undisturbed buffers, and any other natural areas
as required or proposed;
(18) Required and proposed parking spaces; Loading and unloading facilities;
(19) Lakes, streams, and waters of the state and associated buffers;
(20) Proposed stormwater management facilities;
(21) Community wastewater facilities including preliminary areas reserved for
septic drain fields and points of access;
(22) Availability of water system and sanitary sewer system;
MILTON ZONING ORDINANCE
RZ08-002-TEXT AMENDMENT
28-13
Deleted: County’s
Deleted: County
Deleted: on
(23) Tree lines, woodlands and open fields on subject site;
(24) Entrance site distance profile assuming the driver’s eye at a height of 3.5
feet (See City of Milton’s Subdivision Regulations);
(25) Wetlands shown on the City’s GIS maps or survey; and
A request for relief from any of the above site plan requirements may be
28.6.
28.7.
28.8.
28.9.
Deleted: Fulton County Subdivision
Deleted: County’s
Deleted: (26) Airport noise contours
on those properties within the FAR Part
150 Airport Noise Contour Map. ¶
¶
Deleted: Rezoning and use permits that
have not vested pursuant to Section
28.11. will be removed from the Zoning
Map and the zoning/land use designation
shall revert as indicated in Article 28.10.¶
Deleted: nonrefundable
Deleted: Board of Commissioners
MILTON ZONING ORDINANCE
RZ08-002-TEXT AMENDMENT
28-14
submitted in writing to the Director for approval prior to the filing deadline. The
request should clearly state the reasons for the request. Projects subject to
Development of Regional Impact reviews and other large projects that will be
phased shall be required to revise the site plan for each phase of the development
to comply with the above standards through a Zoning Modification.
ZONING MAPS. The official Zoning Map and Geographical Information
System will be amended to reflect the land use petition approvals.
APPLICABLE REGULATIONS. Zoning regulations that applied at the time
of acceptance of an application for a Land Disturbance Permit shall prevail.
PETITION FEES. Prior to accepting a petition for rezoning, use permit,
concurrent variance, or extension of zoning and/or use permit, the Director shall
collect fees as established by the Mayor and City Council.
PROCEDURES FOR MODIFICATION OF ZONING CONDITIONS. See
Article XXII.
Deleted: 28.10. EXPIRATION AND
EXTENSIONS OF ZONINGS
AND/OR USE PERMITS. Land use
petitions approved after March 16, 1986
shall expire unless the property owner
takes action to vest the zoning and/or use
permit in accordance with Article 28.11.
within a period of 36 months from the
date of approval by the Board of
Commissioners, or fails to secure an
approved extension. ¶
¶
A. Each zoning and/or use permit
approval is allowed one (1) 24-month
extension subject to the qualifying
conditions in Section 28.11.2. ¶
¶
B. Land use petitions initiated by the
Board of Commissioners to implement
the Fulton County Comprehensive Plan
Land Use Map are exempt from the
provisions of Section 28.11.2. ¶
¶
28.11. VESTING OF ZONING
AND/OR USE PERMIT. Upon
occurrence of one of the four conditions
listed immediately below, a zoning and/or
use permit shall be vested and such
vesting shall be spread upon the minutes
of the Board of Commissioners' meeting. ¶
¶
A. Prior to the expiration of a Land
Disturbance Permit, a vesting
determination may be made by the
Department that substantial progress
(28.11.1) has been made toward the
completion of on-site construction
depicted on the site plan approved with
the rezoning and/or use permit. ¶
¶
B. Prior to the expiration of a building
permit, a vesting determination is made
by the Department that substantial
progress (28.11.1.) has been made toward
the completion of a building depicted on
the site plan approved with the rezoning
and/or use permit.¶
¶
C. The issuance of a certificate of ... [1]
Page 14: [1] Deleted robyn.macdonald 3/3/2008 4:34:00 PM
28.10. EXPIRATION AND EXTENSIONS OF ZONINGS AND/OR USE
PERMITS. Land use petitions approved after March 16, 1986 shall
expire unless the property owner takes action to vest the zoning and/or use
permit in accordance with Article 28.11. within a period of 36 months
from the date of approval by the Board of Commissioners, or fails to
secure an approved extension.
A. Each zoning and/or use permit approval is allowed one (1) 24
month extension subject to the qualifying conditions in Section
28.11.2.
B. Land use petitions initiated by the Board of Commissioners to
implement the Fulton County Comprehensive Plan Land Use Map
are exempt from the provisions of Section 28.11.2.
28.11. VESTING OF ZONING AND/OR USE PERMIT. Upon occurrence of
one of the four conditions listed immediately below, a zoning and/or use
permit shall be vested and such vesting shall be spread upon the minutes
of the Board of Commissioners' meeting.
A. Prior to the expiration of a Land Disturbance Permit, a vesting
determination may be made by the Department that substantial
progress (28.11.1) has been made toward the completion of on-site
construction depicted on the site plan approved with the rezoning
and/or use permit.
B. Prior to the expiration of a building permit, a vesting determination
is made by the Department that substantial progress (28.11.1.) has
been made toward the completion of a building depicted on the site
plan approved with the rezoning and/or use permit.
C. The issuance of a certificate of occupancy and/or permit for a use
and/or structure specified in the approved conditions shall vest the
zoning.
D. The issuance of a business license for the approved use shall vest
the zoning, but only when no new construction or land disturbance
is approved and/or required as a condition of zoning.
28.11.1. SUBSTANTIAL PROGRESS. To demonstrate substantial progress for
purposes of vesting a conditional zoning and/or use permit, one of the
following must be fulfilled:
A. The Department may approve a construction schedule which
includes at least 50 percent of the public improvements specified
for one phase. Substantial progress shall have been demonstrated
when, within one year of the date of the issuance of the land
disturbance permit, the Department observes normal progress
toward the approved construction schedule.
B. The Department shall approve a construction schedule which
includes at least the pouring of footings for a principal building.
Substantial progress shall have been demonstrated when, within 6
months of the date of the issuance of the building permit, the
Department observes routine progress toward the approved
construction schedule.
Refusal to certify that substantial progress has been achieved may be
appealed in accordance with Article 22 of this Resolution.
28.11.2. EXTENSIONS. Extensions of zonings and/or use permits for any of the
four qualifying conditions listed in this section shall be considered by the
Board of Commissioners.
To qualify for an extension, the property owner must submit an
application to the Department at least 30 days prior to the expiration of a
36-month period beginning with the date of approval of a zoning and/or
use permit.
The Department shall prepare an analysis and recommendation as to
whether the documentation in the application is sufficient based on one of
the four criteria which may validate an extension request.
The Department shall submit its recommendation to the Board of
Commissioners.
No more than one two-year extension, per zoning and/or use permit case,
may be granted for any of the qualifying conditions listed below (except a
court action delay).
An extension may not be sought for less than the total acreage of the
underlying zoning and/or use permit.
In every application for an extension, the owner(s) shall provide an
affidavit documenting at least one of the following:
A. A delay resulting from court action involving the zoning and/or use
permit or a previous extension on the property for which an
extension is sought. Extensions approved in connection with court
action shall remain valid for one year beyond the granting of an
order or the expiration of an appeal period before any court with
jurisdiction.
B. Non-availability of utilities or facilities resulting from government
inaction. In those instances where wastewater facilities are
available for a fraction of the desired capacity, or when capacity
was available at some time during the 3 year period, but not during
the 60 days prior to expiration, the Board of Commissioners shall
evaluate such case's qualifications for an extension on their
individual merits considering any evidence that might indicate a
diligent effort to proceed with development.
C. A delay in development resulting from wetlands regulatory
procedures requires the applicant to provide a copy of the
application acknowledgment letter from the Savannah Regulatory
Branch of the Corps of Engineers as documented evidence. Said
application should have been filed at least 12 months before zoning
and/or use permit expiration.
D. An inability to obtain financing, despite documentation of the
owner's efforts during the first year after zoning and/or use permit
approval and continuing until one week prior to consideration of
the extension request to the Board. Documentation shall consist of
two official denials signed by officers of two different lending
institutions who have final jurisdiction over such financing
transactions.
28.11.3. NOTICE OF EXPIRATION. At least 90 days prior to the expiration of
a zoning and/or use permit, the Director shall send by certified mail a
notice of expiration to each owner of record as shown in the tax records.
City of Milton
1300 Deerfield Parkway, Building 100 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Alice Wakefield, Community Development Director
Date: May 27, 2008, for the June 16, 2008 City Council
Meeting
Agenda Item: RZ08-03, RZ08-04, RZ08-05, RZ08-06, RZ08-07 to Amend Overlay Districts to
change the scope of responsibility of the City of Milton Design Review Board
CMO (City Manager’s Office) Recommendation:
To approve these amendments the Zoning Ordinance with exception of RZ08-07.
Background:
The City of Milton Design Review Board asked that the Mayor and City Council consider
amending the Zoning Ordinance, specifically the overlay districts, to allow the Design Review
Board to review items for approval. The Zoning Ordinance requires that all variances, building
permits, land disturbance permits for all non-residential and multi-family developments be
forwarded to the Design Review Board for recommendation and for all demolition permits. The
existing language states that the Design Review Board “recommends” approval, denial, with
conditions, etc. and the Community Development Director gives the final decision for the item
being reviewed.
Discussion:
The proposed changes went to the City Council Work Session on March 10, 2008. Kathy Cook,
Chairperson of the City of Milton Design Review Board (DRB) presented the proposed changes
to the City Council. The following Articles are under consideration:
Article 12A – Overlay District Authority (Staff recommends Withdrawal) – RZ08-07
Article 12G – State Route 9 Overlay District – RZ08-03
Article 12H – Northwest Overlay District – RZ08-04
Article 12H1 – Crabapple Crossroads Overlay District – RZ08-05
Article 12H2 – Birmingham Crossroads Overlay District – RZ08-06
The DRB proposes to have their scope change from a “recommending” body to an “approval”
body. Any appeals to their decision would be made to the Board of Zoning Appeals.
The Council at the March 10th meeting asked Staff to provide additional information on how
other jurisdictions’ Design Review Boards are operated. Listed below are a few jurisdictions in
the area:
•City of Roswell – Gives final decision with appeals to the City Council
Page 1 of 5
City of Milton
1300 Deerfield Parkway, Building 100 Milton, GA 30004
•City of Alpharetta – Gives final decision with appeals to the Board of Zoning Appeals
•City of Johns Creek – No Design Review Board – Staff reviews overlay district standards
after the Johns Creek Community Association reviews development plans.
•City of Sandy Springs – Gives recommendations to the Community Development
Department with appeals to the Board of Zoning Appeals.
•City of Atlanta – Gives recommendations
The amendments to the overlay districts attached reflect the recommendations of the Design
Review Board to review for approval, denial, or other recommended conditions. The
amendments reflect that any appeal to the DRB’s decision shall go to the City of Milton Board of
Zoning Appeals.
Staff recommends approval of RZ08-03 through RZ08-06 with the changes reflected on each
overlay district. The Crabapple and Birmingham Crossroads overlay districts do not address the
issue of appeals directly since the Northwest Overlay District is the parent of these two overlays
and addresses the appeal process. The maps for the Highway 9 and Northwest Overlay district
reflect the correct city boundaries. Staff recommends withdrawal of RZ08-07 for the Overlay
District Authority since no changes are necessary.
Staff notes that since the time of the Council Work Session, a list of required items for submittal
is given to each applicant to be heard before the DRB as well as an application which are
attached to this memo.
Planning Commission Recommendations – Tuesday, May 27th
The following recommendations were made:
•RZ08-03 – Article 12G – Hwy 9 Overlay District recommended Denial 6-0
•RZ08-04 – Article 12H – NW Overlay District recommended Denial 6-0.
•RZ08-05 – Article 12H1 – Crabapple Crossroads Overlay District recommended
Approval 6-0 to approve the inclusion of Demolition Permits for both residential and non-
residential structures but to exclude “for approval” in 12H(1).3.
•RZ08-06 – Article 12H2 – Birmingham Crossroads Overlay District recommended
Approval of Demolition Permits for both residential and non-residential structures but to
exclude “for approval” in 12H(2).3.
•RZ08-07 – Article 12A – Overlay District Authority – Withdrawal 6-0
•Approved the deletion of the preamble in Articles 12H, 12H.1. and 12H.2.
The Planning Commission made these decisions based on the opinion that the Design Review
Board should remain a recommending body and the DRB should initiate to “beef” up the design
standards in the overlay districts. Some Planning Commission members stated that maybe after
the design standards are improved, to look at the possible change in scope.
Page 2 of 5
City of Milton
1300 Deerfield Parkway, Building 100 Milton, GA 30004
DESIGN REVIEW BOARD
SUBMITTAL APPLICATION
HEARING DATE _________________________________________________________
PROJECT INFORMATION
PROJECT NAME: _______________________________________________________
PROJECT ADDRESS:____________________________________________________
OVERLAY:_____________________________________________________________
LAND LOT:___________ TAX PARCEL NUMBER: __________________________
PROJECT TYPE (CHECK ONE): SITE/LANDSCAPE ______ BUILDING ________
DEMOLITION ________ ZONING/VARIANCE _______ CASE # ______________________
OTHER (EXPLAIN)_______________________________________________________
TYPE OF REVIEW: COURTESY _________ FINAL ___________
HAS LDP/BUILDING PERMIT BEEN SUBMITTED FOR REVIEW? YES ____ NO ____
APPLICANT INFORMATION
CONTACT PERSON NAME:______________________________________________
COMPANY:____________________________________________________________
ADDRESS:_____________________________________________________________
PHONE: _______________________________________________________________
FAX: __________________________________________________________________
EMAIL: _________________________________________________________________
APPLICANT’S SIGNATURE:To the best of my knowledge, this application is correct and
complete. I understand that I, or my representative should be in attendance at the
Design Review Board meeting on ________________________, at 6:00pm, to present this
project.To the best of my knowledge, I have met all applicable Overlay conditions
(Hwy 9, Birmingham, Crabapple, Northwest Fulton.)
Applicant: Date
Planner: Date:
Page 3 of 5
City of Milton
1300 Deerfield Parkway, Building 100 Milton, GA 30004
DESIGN REVIEW BOARD SUBMITTAL REQUIREMENTS
Please see the list below for materials required according to the type of review.All site
plans and building plans shall be drawn to scale.Incomplete submittals will not be
accepted for review. Mounted drawings and sample boards showing materials,colors,
etc. may be brought to the meeting for your presentation. Please let Staff know if you
will need easels or a computer for your presentation. If you have any questions, please
contact Angela Rambeau at 678 242 2539.
SITE PLAN/LANDSCAPE PLAN REVIEW—10 sets, full size
Construction drawings, as required for LDP, including, but not limited to:
•Site location map
•Acreage, density, adjacent zonings
•Zoning conditions
•Building location, size
•Grading, stormwater,utility plans
•Parking areas, materials
•Detention/retention areas
•Dumpster location/enclosure details
•Roads/driveways
•Sidewalks, pedestrian paths
•Landscape plan showing location,size and type of specimen and recompense
trees, as well as other plantings
•Site lighting with photometric drawings
•Retaining wall(s) location and construction details
•Fencing location and details
BUILDING REVIEW—10 sets, full size
•Site location map
•Site plan
•Colored renderings/exterior elevations of all facades with materials labeled
•Locations of roof top equipment,satellite dishes, antennas, and exhausts
•Site line study showing that rooftop units are not visible from adjoining roads
•Location, details of lighting fixtures
•Materials, color list (bring samples to the meeting)
DEMOLITION REVIEW—10 sets
•Site location map
•Site plan, indicating structure(s) to be demolished and the location of specimen
trees, erosion control,tree save fencing
•Pictures of structure(s) to be demolished
VARIANCE/REZONING—10 sets, full size
•Site location map
Page 4 of 5
City of Milton
1300 Deerfield Parkway, Building 100 Milton, GA 30004
•Acreage, density, existing site conditions
•Conceptual site plan showing location of buildings,detention areas, specimen
trees, roads, driveways, sidewalks,adjacent uses,etc.
Alternatives:
The Mayor and City Council could keep the scope of the Design Review Board as currently
written in the Zoning Ordinance or have the appeals process go to another board or decision
maker.
Concurrent Review:
Billy Beckett, City Manager
Ken Jarrard, City Attorney
Page 5 of 5
ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006
AMENDED APRIL 19, 2007
AMENDED OCTOBER 18, 2007
AMENDED APRIL 28, 2008
ARTICLE XII-G
State Route 9 Overlay District
12G.1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton,
Georgia hereby declares it to be the purpose and intent of this Ordinance to
establish a uniform procedure for providing for the protection, enhancement,
preservation, unity of design, and use of places, sites, buildings, structures,
streets, neighborhoods, and landscape features in the State Route 9 Overlay
District in accordance with the provisions herein.
This Ordinance is adopted as part of a strategy designed to promote the health, safety,
order, prosperity, and general welfare of the citizens of Milton through the regulation
of design, aesthetics, location, bulk, size of buildings and structures, and the density
and distribution of population.
This Ordinance also seeks to reduce congestion on the streets; to provide safety from
fire, flood and other dangers; provide adequate light and open space;
protect the natural environment and address other public requirements, in order
to provide sustainable development that involves the simultaneous pursuit of
economic prosperity, environmental protection and social quality.
This Ordinance also seeks, among other things, to promote accepted design
principles in areas of new development and redevelopment, to raise the level of
community understanding and expectation for quality in the built environment,
to protect and enhance local aesthetic and functional qualities, and to stimulate
business and promote economic development.
In consideration of the character of the State Route 9 District, these regulations
are to monitor the suitability for certain uses, construction and design, prevent
functional and visual disunity, promote desirable conditions for community and
commerce and protect property against blight and depreciation.
12G.2. STATE ROUTE 9 OVERLAY DISTRICT REGULATIONS, The State
Route 9 Overlay District applies to all properties (except single family detached
dwelling units) within the area delineated on the attached map: State Route 9 Zoning
Overlay District, September 4, 2003. The State Route 9 Overlay District also applies
to those properties annexed into the City of Milton within the area delineated on the
attached map.
MILTON ZONING ORDINANCE
Page 1 of 13
Staff Recommendations in Blue
Planning Commission Recommendations in pink
Text Amendment – RZ08-03 – June 16, 2008 MCC
Within the State Route 9 Overlay District, land and structures shall be used in
accordance with the standards of the underlying district.
Whenever provisions of this Article conflict with any other Article in the Zoning
Ordinance of the City of Milton or any other City ordinances, regulations, or
Ordinances, the standards set forth in this Article XII-G shall prevail.
12G.3. DESIGN REVIEW BOARD
The City of Milton Design Review Board (Article XII-H) as set forth in Section
12.H.2 of the Ordinance, shall review for approval all plans for development (except
for single family detached dwelling units) in the State Route 9 Overlay District for
compliance with the standards herein prior to the approval of a Land Disturbance
Permit, Building Permit, Demolition Permit, Primary Variance and for both residential
and non-residential or Primary Variance.
Comment [r1]: PC recommended to
delete “for approval"
Deleted: and shall make
recommendations to the Community
Development Department
(PC recommended not to delete “and shall make recommendations to the Community
Development Department)
12G.4. DEVELOPMENT STANDARDS.
12G.4. A. Landscaping
1. A minimum 20-foot wide landscape strip along the following roads
when Article 4 of the Zoning Ordinance specifies a smaller landscape
strip:
State Route 9, Windward Parkway, Deerfield Parkway, Cogburn
Road, Webb Road, Morris Road, and Bethany Bend Road
2. A minimum 10-foot wide landscape strip along any interior property
line adjacent to a nonresidential zoning and/or use.
3. For each thirty (30) linear feet of landscape strip, a minimum of
one 3” caliper hardwood shade tree is required to be planted in
the center of the landscape strip or as approved by the Director.
12G.4. B. Undisturbed Buffers (Added 4/28/08) Deleted:
1. For sites on four acres or less, a fifty (50) foot-wide undisturbed buffer,
with a 10-foot improvement setback, shall be located adjacent to all
AG-1 zoning districts and all property zoned, used or developed for
residential uses.
2. For sites on more than four acres, a seventy-five (75) foot-wide
undisturbed buffer, with a 10-foot improvement setback, shall be
MILTON ZONING ORDINANCE
Page 2 of 13
Staff Recommendations in Blue
Planning Commission Recommendations in pink
Text Amendment – RZ08-03 – June 16, 2008 MCC
located adjacent to all AG-1 zoning districts and all property zoned,
used, or developed for residential uses.
3. To make buffers seem natural, an equal mix of three species from the
“Acceptable Evergreen Plan Material for City of Milton Undisturbed
Buffers” shall be used.
12G.4. C. Screening and Fencing
1. If visible from a public right-of-way or adjacent residential use,
rear or side parking and loading areas shall be screened from
view by one of the following methods: placement behind the
building, 100% opaque fencing, a berm, or vegetative screen
planted to buffer standards. Side parking on a corner lot facing a
side street does not need to be screened.
2. Where a parking lot, parking structure or gas fueling bay fronts
directly on a public street, a continuous screen of evergreen
plantings shall be provided. Said screen shall be 3 feet in height
at planting and 4 feet minimum height at maturity and 3 feet to 8
feet in width at maturity.
3. Retaining walls shall be faced with or constructed of stone, brick,
or decorative concrete modular block only. If any retaining wall
equals or exceeds three feet in height, a continuous evergreen
planting shall be required adjacent to it.
4. Refuse areas and receptacles shall be placed in the least visible
location from public streets and shall be enclosed on 3 sides with
opaque walls. The 4th side shall be a self-closing gate made from
non-combustible materials. Opaque walls shall be a minimum of
12 inches higher than the receptacle. Wall materials shall be
noncombustible brick or stone. Refuse receptacles shall not be
placed within 50 feet of an existing residential or AG-1
(Agricultural) property line.
5. Accessory site features located on the ground shall be screened
from view from any public right-of-way or any residential use by
one or a combination of the following: placement behind the
building, 100% opaque fencing, a berm, or vegetative screen
planted to buffer standards. Where walls or fences are used in
lieu of planted screens, landscape materials shall be incorporated
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into the screening scheme.
6. Accessory site features are prohibited in the front yard or in any yard
adjacent to a street.
7. Accessory site features on a roof shall be screened from the view
of public and private streets by a parapet or other architectural
feature or as approved by the
Community Development Director. No parapet shall be required to be
greater than 4 feet above roof.
8. Flat roofs shall be screened from the view of public and private
streets by a parapet. No parapet shall be required to be greater
than 4 feet above roof.
9. Along public streets, fencing materials shall be natural or manmade
stone, brick, aluminum, ornamental or decorative wrought iron,
architectural concrete, or wood. Unpainted pressure treated wood is
prohibited.
10. Fences adjacent to a public street shall not exceed 55 inches in
height measured from finished grade.
11. Chain link fencing may be used along golf courses, play fields,
and other recreational areas. All chain link fencing shall be black
or hunter green vinyl coated. Exception: Chain link fencing
shall not be allowed if fencing can be seen during any month of
the year from the following streets: Windward Parkway,
Deerfield Parkway, Cogburn Road, State Route 9, Webb Road,
Morris Road, and Bethany Bend Road.
12. When required, fencing material around detention/retention
facilities shall be black or hunter green vinyl coated chain link
fence or as approved by the Director.
13. Painted chain link fences are prohibited.
12G.4. D. Pedestrian Paths Deleted: C
1. Sidewalks are required along all public and private road frontages
and shall be a minimum of 6 feet wide.
2. Sidewalks, multi-use paths and other pedestrian paths shall be
illustrated on the site plan submitted at the time of application for
a Land Disturbance Permit
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3. Sidewalks shall be allowed to meander as topography permits
subject to the approval of the Director of the
Community Development Department.
4. Multi-use paths for bicycles and pedestrians may be substituted
for the required sidewalks as approved by the Director of
Community Development and the Manager of
Community Services when the path is part of the Milton Bicycle and
Pedestrian Plan.
5. Multi-use paths designed for use by bicyclists and pedestrians
shall be 12 feet wide.
6. Multi-use paths designed with separate paths for bicyclists and
pedestrians shall be 15 feet wide, 10 feet for bicycles and 5 feet
for pedestrians.
7. Sidewalk connector paths shall be constructed across the entire
length of all concrete aprons and shall be textured to match the
appearance of sidewalk materials, in color, texture and design.
Sidewalk connector paths shall comply with all applicable
standards of the Americans with Disabilities Act (ADA).
8. Internal walkways (paths) are required from the public sidewalk
to the main entrance of the principle use of the property and shall
meet applicable Americans with Disabilities Act (ADA)
standards.
9. If provided, street furniture shall be located outside the specified
width of any pedestrian path.
10. Paths shall be designed to minimize direct auto-pedestrian
interaction.
11. Intra-parcel walkways crossing parking lots shall be distinguished
from parking lots by the use of colors, texture (use of different
materials), difference in rise above the parking lot or a
combination of these methods, to minimize auto-pedestrian
conflict.
12. Sidewalks shall be connected to applicable signalized crosswalks
and with bus stops.
13. Paths shall be direct and convenient routes between points of
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origin (such as a bus stop) and destination (such as a shop, bank, etc).
14. The lighting plan for pedestrian paths shall be included on the site
plan submitted at the time of application for a Land Disturbance
Permit. Pedestrian lighting shall also be shown on the
landscaping plan so that future mature growth vegetation does not
conflict with proposed lighting.
15. Pedestrian connectivity between residential and nonresidential
developments is required.
12G.4. E. Lighting
1. A lighting plan for open parking lots and pedestrian paths shall be
submitted for approval prior to the issuance of a Land Disturbance
Permit.
2. Any lighting fixture shall be a cutoff luminary whose source is
completely concealed with an opaque housing. Fixtures shall be
recessed in the opaque housing. Drop dish refractors are
prohibited. The wattage shall not exceed 420 watts/480 V per
light fixture. This provision includes lights on mounted poles as
well as architectural display and decorative lighting visible from
a street or highway. Wall pack lighting shall be cut-off down
directional a maximum of 250 watts. Canopy lighting shall be
cut-off down directional a maximum of 250 watts. Canopy
lighting shall be cut-off luminaries with a maximum lamp
wattage of 400 watts.
3. Light sources (lamps) shall be incandescent, fluorescent, metal halide,
mercury vapor, natural gas, or color corrected high pressure
sodium (CRI of 60 or better). The same type must be
used for the same or similar type of lighting on any one site.
4. Mounting fixtures must be modified in such a manner that the
cone of the light is not directed at any property line. The
minimum mounting height for a pole is 12 feet. The maximum
mounting for a pole is 28 feet. Any fixture and pole located
within 20 feet of a residential zoning shall be a type four or
forward throw distribution.
5. All site lighting shall be designed so that the illumination as
measured in foot-candles at any one point meets the following
standards: Minimum and maximum levels are measured at any
one point. Average level is not to exceed the calculated value
MILTON ZONING ORDINANCE
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and is derived using only the area of the site included to receive
illumination. Points of measure shall not include the area of the
building or areas which do not lend themselves to pedestrian
traffic. Also, if the major portion of the lighting design is to be in
the front of a building, the average level should not be affected by
adding a light or two in the back of the same building, which
would raise the average of the intended area for lighting.
6. Future renovations, upgrades, or additions to existing facilities
prior to the effective date of this ordinance shall not exceed
existing illumination levels below. The entire site must be
bought into conformance with this article should a renovation,
upgrade, or addition occur that would require a land disturbance
permit.
Location or Type of
Lighting
Minimu m
Level
Average
Level
Maximum
Level
Area for display of
Outdoor
Merchandise
1.0 5.0 15.0
Commercial, Office, and
Public/Semi-Public
Parking Areas
0.6 2.40 10.0
Multi-Family Residential
Parking
Areas
0.2 1.50 10.0
Walkways and Streets 0.2 2.00 10.0
Landscape and Decorative 0.0 0.50 5.0
7. Historic period lighting shall be used.
8. Lights shall be architecturally decorative with a historic style
(includes shepherds crook, pole top, and bollard). The same type
of design must be used along pedestrian pathways and/or
common areas.
9. Shoe box, cobra lighting fixtures, and neon lighting are
prohibited.
12G.4. F. Building Materials and Architectural Treatments
MILTON ZONING ORDINANCE
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1. Developments shall include architecture elements such as
columns, arcades, covered entry-walkways, arches, facade
offsets, windows, balconies, offset walls, clock towers, cupolas
and/or courtyards.
2. The principle entry area of a building shall be articulated and
express greater architectural detail than other portions of the
building.
3. To the extent any rear or side of any building is visible from any
public street or single family residence, architectural treatment
shall continue through the rear or side.
4. All buildings shall be oriented to face a street or courtyard
5. Any nonresidential building façade shall have a minimum of 25%
fenestration or as may be approved by the Director of
Community Development.
6. Front yard fences shall be non-opaque. Opaque fences are
permitted in side and rear yards.
7. Building plans for townhouse and duplex developments shall
exhibit differentiated exterior wall materials on the vertical wall
faces within each block of units and architectural features such as
porches, balconies, bay windows, stoops, which are consistent with one
overall architectural theme.
8. Townhouse and Duplex development rooflines should exhibit
differentiated architectural features such as gables, pyramidal, and hip.
Rooflines should be varied. Mansard roofs are not permitted.
9. Alleys shall only be allowed if the alley is located between two
rows of townhouses or duplex developments. If constructed,
alleys shall exhibit a continuous network with other streets and or
alleys at the rear of each building lot.
10. Exterior buildings shall demonstrate a variety of appearances
which are all compatible with one selected architectural theme.
11. Buildings shall not end abruptly at a corner. Corner buildings
shall demonstrate focal points which anchor the corner. Corner
buildings should have functional extensions around any corner.
MILTON ZONING ORDINANCE
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12. The scale of buildings with ground floor areas greater than
10,000 square feet is subject to the approval of the Director of
Community Development prior to the issuance
of a Building Permit.
13. The massing of buildings with ground floor areas greater than
10,000 square feet is subject to the approval of the Director of
Community Development prior to the issuance
of a Building Permit.
14. There shall be a maximum of 2 stories with a maximum height of 30
feet from average finished grade to bottom of the roof eave, excluding
Morris Road and Deerfield Parkway. (Added 4/28/08)
15. Building entrances and front exteriors shall be articulated and
designed to create additional visual interest by varying architectural
details, building materials, and by varying the roof
line and building offsets.
16. The exterior wall materials of all non-residential buildings and
townhouse, duplex, and multifamily buildings consist of a minimum of
75% (per vertical wall plane) of the following: brick or natural stone.
17. Accent building materials for all non-residential buildings, and also
townhouse, duplex and multifamily units are limited to a maximum of
25% brick, tile, non-reflective glass, natural stone with weathered,
polished or fluted face, textured traditional cement stucco, architectural
concrete masonry with fluted, split-face, or broken-face finish,
Portland cement plaster and lath systems, architectural (either
precast or tilt-up) concrete (fluted or with exposed aggregate
finish), or Hardi-plank.
18. Exposed concrete masonry unit (CMU) block, corrugated steel,
aluminum siding, vinyl siding, prefabricated metal, exposed
plywood, and exposed pressboard are prohibited as exterior
finishes.
19. Exterior finishes for accessory structures shall be consistent with
the principle structure.
20. Permitted colors for exterior walls, building components, sign
structures, accent and decorative elements shall be as specified by
Table 12G-1 or as approved by the Director of Community
Development.
MILTON ZONING ORDINANCE
Deleted: 15
Deleted: 16
Deleted: 17
Deleted: 18
Deleted: 19
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Table 12G-1
Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and
Decorative Elements
The following numbers refer to the
Pantone Matching System, an international color matching system
Exterior Building Walls, Building
Components, Sign Structure, Accent and
Decorative Elements
Accent and Decorative Elements
Only
White Black
White
Browns, Beiges and Tans
462 C to 468 C
4625 C to 4685 C
469 C, 474C, 475 C
4695 C to 4755 C
478 C,
719 C to 724 C
725 C to 731 C
476U to 482U
719U to 725U
726U to 732U
Greens
553 C to 554 C
560 C to 561 C
614 C to 616 C
3302 C to 3305 C
3295 C
342C, 343 C
3435 C
356 C, 357 C
5467 C to 5527 C
3305U, 3308U, 335U
336U, 341U-343 U
3415 U to 3435 U
349 U
356 U to 357 U
5535U to 5595U
553U to 559U
Reds
168 C, 181 C
483 C, 484 C
1685C, 4975 C
Grey
429 U to 433 U
443 U to 447 U
Warm Grey 6U-11U
Cool Grey 6U-11U
5467U to 5527U
Red-Browns
154 U, 1395 U
1405 U
Grey-Blue
5395U to 5455U
621U to 627U
642U to 644U
647U to 650U
654U to 656U
662U
Green-Grey
5605U to 5665U
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21. Permitted sloped roof materials are asphalt shingles, composition
shingles, wood shingle, tin, standing seam metal, and wood
shake. Sloped roofs are encouraged wherever feasible.
22. Roof colors shall be black, gray, dark gray, brown, red or green.
Reflective and metallic colors are prohibited unless described above.
23. Building components such as burglar bars, steel gates, metal
awnings and steel roll-down curtains are prohibited if visible
from a public street.
24. Neon lights outlining and/or detailing building features are
prohibited.
12G.4. H. Parking
1. On-street surface parking spaces located adjacent to the front
property line shall be counted toward the minimum number of
parking spaces required for that lot.
2. Access lanes and additional curb cuts (other than the primary
access drive) shall be located to the side or rear of the property.
The maximum width of the access lane and/or driveway is 18
feet.
3. Decks shall be constructed to conceal vehicles.
4. Decks shall include architectural detailing and finish compatible
with surrounding buildings.
5. At least one bicycle parking area shall be provided for each
nonresidential development.
6. Loading areas shall be located in the rear or side yards.
12G.4. I. Miscellaneous Provisions
Deleted: 20
Deleted: 21
Deleted: 22
Deleted: 23
Deleted: G
Deleted: H
1. Telecommunications switchboards, power generators, and other
telecommunication relay equipment rooms or floors housing such
uses are limited to the following areas of a building: (a)
subterranean levels, (b) first and second floors which are set back
a minimum of 50 feet from the street, or (c) third and fourth
floors.
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2. Stealth design is required for all cell towers.
3. Height of cell towers shall not exceed 199 feet.
4. The wireless communications facility shall be disassembled and
removed from the site within ninety (90) days of the date its use
for wireless telecommunications is discontinued.
5. Neither parking lots nor areas immediately adjacent to a building
shall be used for storage or sale of goods.
6. Storage of shopping carts is allowed without a permit.
7. Displaying or sale of goods outside the interior permanent and
sheltered portions of a building is prohibited. Exceptions:
seasonal holiday trees, pumpkins, and open air fairs provided an
administrative permit is obtained, pursuant to Article 19.
8. Vending machines, paper stands, and other similar devices must
be located interior to the building structure.
12G.6. SEVERABILITY. In the event that any section, subsection, sentence, clause or
phrase of this Article shall be declared or adjudged invalid or unconstitutional, such
adjudication shall in no manner affect the other sections, subsections, sentences,
clauses or phrases of this Article, which shall remain in full force and effect, as if the
section, subsection, sentence, clause, or phrase so declared or adjudged invalid or
unconstitutional were not originally a part thereof.
12G.7. APPEALS. Any persons aggrieved by a final decision of the Comment [r2]: P.C. recommendation
to delete Design Review Board and keep
Department of Community Development
Deleted: Department of¶
Community Development Development
Deleted: departmentdepartment
Design Review Board
relating to this article may appeal such final decision to the Board of Zoning Appeals
by filing in writing setting forth plainly, fully and distinctly why the final decision is
contrary to law per the Milton Zoning Ordinance. Such appeal shall be filed within 30
days after the final decision of the Design Review Board is rendered.
(Planning Commission Recommended that the department remain).
12G.8. ADOPTION AND EFFECTIVE DATE. NOW, THEREFORE BE IT
RESOLVED, the Mayor and City Council does hereby ordain, resolve and enact the
foregoing Article XIIG to the Zoning Ordinance of City of Milton, Georgia.
MILTON ZONING ORDINANCE
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STATE ROUTE 9 OVERLAY DISTRICT MAP
MILTON ZONING ORDINANCE
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ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006
AMENDED APRIL 19, 2007
AMENDED NOVEMBER 15, 2007
ARTICLE XII-H
Northwest Fulton Overlay District
12H.1. PURPOSE AND INTENT.The Northwest Fulton Overlay District
applies to all properties within the boundaries of the City of Milton as
described in the attached map.
The Mayor and City Council of Milton, Georgia finds that historic rural areas
and their scenic surroundings are important cultural, recreation and economic
assets critical to the public’s long term interest and hereby declares it to be the
purpose of this article to recognize and to establish a procedure to protect and
plan for the county’s crossroads communities. The intent of this article is: (1)
To develop guidelines for the preservation and perpetuation of rural commercial
crossroads communities based on the description and analysis of their setting;
(2) To preserve the integrity of the area, which developed during the late 19th
century and early 20th century, through architectural design interpretation and
application;
(3)To preserve and protect the rural, agrarian and equestrian character of
crossroads communities and their surrounding areas; (4) To preserve and to
ensure the harmony and compatibility of the character of the area including its
physical appearance, natural setting and informal landscaping; (5) To be aware
and respectful of the environment’s natural resources and visual qualities; (6)
To preserve open space; (7) To preserve, encourage and promote, through the
built environment, the sense of place, the sense of ownership, the sense of
identity, the sense of evolution and the sense of community present in the area;
(8) To ensure existing design characteristics of the crossroads serve as a
standard against which plans for new construction will be judged for harmony
compatibility and appropriateness; (9) To encourage and ensure that
development that is contemporary in design and materials compliments and is
compatible and sensitive with the existing character of the area through its
proportion, scale, design, style, placement, position and architectural qualities;
(10) To develop a commercial setting that has individuality and is unique and
does not imitate building types or styles unrelated to these crossroads
communities; (11) To provide for the construction of buildings and spaces that
are human in scale, welcoming and approachable; (12) To encourage
containment of existing commercial areas, to provide for transition between
commercial areas and residential areas and discourage encroachment of the
commercial areas into the residential areas and (13) To promote sustainable
development.
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Deleted: ¶
AN ORDINANCE TO AMEND THE
ZONING ORDINANCE OF THE CITY
OF MILTON, GEORGIA, TO
ESTABLISH THE NORTHWEST
FULTON OVERLAY DISTRICT, TO
DELINEATE THE NORTHWEST
FULTON OVERLAY DISTRICT , TO
PROVIDE DEVELOPMENT AND
DESIGN STANDARDS, AND FOR
OTHER PURPOSES.¶
¶
BE IT RESOLVED BY THE MAYOR
AND CITY COUNCIL, GEORGIA.¶
This Article is adopted as part of a strategy designed for the purpose, among
others, of preserving and protecting these areas and enhancing their important
aesthetic appearance through regulatory measures, while advancing community
development goals, promoting economic development and substantially
protecting and promoting health, safety, order, prosperity and general welfare of
the citizens of Milton.
Included within the scope are regulations governing the location of buildings on
the site, the design and materials of building(s) and other structure(s),
landscaping and screening provisions, signs, pedestrian circulation and other
items. Whenever provisions in this Article conflict with any other Articles in
this Ordinance, or other City of Milton ordinances, or regulations, the
provisions of this article shall prevail.
12H.2. DESIGN REVIEW BOARD . The City of Milton Design Review Board
(DRB ) shall consist of a seven-member board of residents, land owners,
business owners, professional architects and/or land planners, who either
maintain primary residences and/or businesses or own land in the City of
Milton.
Members of the City of Milton Design Review Board shall be nominated by the
Mayor and District Councilperson and approved by the Milton City Council.
Members shall serve concurrently with the Mayor and Council’s terms.
Members of the City of Milton Design Review Board will elect a Chairman and
a Vice-Chairman. Meetings will be conducted in accordance with Robert’s
Rules of Order.
The City of Milton Design Review Board shall review for approval all plans for
development in the City of Milton (except for single-family residential land uses
and/or dwelling units) for compliance with the standards herein prior to the
approval of a Building Permit, Primary Variance, Land Disturbance Permit and
for both residential and non-residential structures for a Demolition Permit.
(PC recommended approval to keep “herein and shall make recommendations to
the Department of Community Development”)
12H.3. DEVELOPMENT STANDARDS. This section establishes standards for
elements of the overall site and of the buildings which affect the character of the
district such as: landscaping, fencing, lighting, building size, orientation, scale,
setback, parking, building design, building material, building components,
signs,
and color.
12H.3.1. Landscaping. Landscaping should be compatible in form, style and design with
the natural setting and informal landscaping present in the area and on the site
MILTON ZONING ORDINANCE
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Comment [r1]: P.C. recommendation
to delete Design Review Board and keep
Department of Community Development
Deleted: herein and shall make
recommendations to the Department of
Community Development
Formatted: Font color: Light Blue
before development. Landscaping should also be used as a buffer to screen a
development from adjacent residential and agricultural uses.
A. Streetscape and Landscape Strips
1. All properties shall provide a minimum 10 foot-wide strip along all
public streets. The ten (10) foot-wide strip shall be planted with a
minimum 2½” to 3" caliper hardwood over-story. Additional over
story trees are encouraged. The 10 foot wide strip may be developed
either: (see article 12H.3.2.B for additional landscape and screening
requirements)
a. with hardscape elements such as plazas, planters, benches,
fountains and tables in addition to the required hardwood
trees, or
b. with landscape elements consisting of 60% coverage in
trees and shrubs and 40% coverage in grass and ground
cover pursuant to the Zoning Ordinance, Milton Tree
Protection Ordinance, or
c. with a combination of both landscape and hardscape
elements.
2. Trees shall be planted in the center of the landscape strip at a
maximum distance of every twenty feet.
3. Specimen trees, as described in the Milton Tree Protection
Ordinance, located within the minimum front yard shall be
preserved.
4. A minimum five foot-wide strip shall be planted with grass or sod
between the back of curb and the sidewalk.
B. Parking Lot Landscape Islands
1. There shall be a minimum 10 foot wide landscape island at the end
of each parking bay;
2. There shall be a 10 foot wide landscape island for every 72 feet of
double row length or 90 feet of single row length of parking spaces;
3. Landscape islands shall include one over-story shade tree per 180
square feet, and
MILTON ZONING ORDINANCE
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4. Location of interior landscape islands shall vary from row to row to
avoid a grid pattern and rectilinear layout.
C. Landscape Buffers
1. For sites on four acres or less, a fifty (50) foot-wide undisturbed
buffer, with a 10' improvement setback, shall be located adjacent to
all AG-1 zoning districts and all property zoned, used, or developed
for residential uses.
2. For sites on more than four acres, a seventy-five (75) foot-wide
undisturbed buffer, with a 10' improvement setback, shall be located
adjacent to all AG-1 zoning districts and all property
zoned, used, or developed for residential uses.
3. To make buffers seem natural, an equal mix of three species from the
Acceptable Evergreen Plant Material for Milton Undisturbed Buffers
shall be used.
D. Property owners are encouraged to develop a green space for recreation
and public enjoyment.
12H.3.2. Screening and Fencing. Landscaping and fencing materials should be used to
minimize visual and noise impact of parking, loading areas, detention ponds and
accessory site features.
A. All loading areas shall be screened from view of any public street by
either: (1) a minimum six foot high opaque fence matching the material
of the building or (2) a 15 foot-wide landscape strip planted with a
continuous hedge of evergreen shrubs. Shrubs shall be moderately
growing, be a minimum height of 3½ to 4 feet at time of planting, and
reach a height of six feet within two years of planting.
B. All parking areas shall be screened from view of any public street by: (1)
a 15 foot-wide landscape strip planted to buffer standards or (2) a berm
planted with a continuous hedge or evergreen shrubs. Plants shall be a
minimum height of 3½ to 4 feet at time of planting, and such plants (or
in the case of option 2 above, the berm and the planting combined) shall
reach a height of six feet within two years of planting (see article
12H.3.1.A for additional landscape and screening requirements).
C. Refuse areas (dumpsters) shall be placed in the least visible location
from public streets, and shall be enclosed pursuant to rules of the Fulton
County Health Department. Enclosures must be constructed of the same
exterior wall material used for the building. The enclosure shall be a foot
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higher than what is contained in the interior. The door enclosing shall be
made
out of wood or a material that has the appearance of wood.
D. Accessory site features, as defined in each zoning district of the Zoning
Ordinance, shall be placed in the least visible location from public
streets, and shall be screened from view of any right-of-way and/or any
property zoned, used, or developed for residential uses, including the
AG-1 zoning district, by one of the following means: (1) placement
behind the building, (2) 100% opaque fencing which must be
constructed of the same type of exterior material used for the building,
or (3) by a berm or vegetative screening. The screening shall consist of
evergreen shrubs, be 3 ½ to 4 feet at time of planting, and reach a height
of 6 feet within 2 years or planting.
E. Drive-throughs are discouraged. However, if present, a drive-through
shall be considered to be an accessory structure to a building. It should
be screened from view from the right of way and should be in scale and
proportion to the building to which it is attached.
F. All detention ponds shall have a minimum 10 foot wide landscape strip
planted to buffer standards with evergreen plantings exterior to any
required fence and or required access area. All chain link fence shall be
black vinyl clad.
G. Fencing Material and Height:
1. Allowed fencing material shall be three or four board wooden
fencing with wood posts, in yards adjacent to a public street.
2. Fences in yards adjacent to a public street shall not exceed 55
inches from finished grade.
3. Retaining walls shall be constructed of stone and brick only.
Retaining walls above 3 feet high shall have a continuous planting of
evergreens.
4. Opaque fences are prohibited in yards adjacent to a public street,
except as set forth in Section 12H.3.2.4 and 5.
H. Chain link fencing, except as required along detention/retention ponds,
is prohibited from public view. All chain link fence shall be black vinyl
clad.
12H.3.3. Pedestrian Safety. Construction of sidewalks and pedestrian amenities should
encourage and promote walking to a development and within a development.
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The placement of sidewalks and pedestrian amenities should contribute to the
sense of place of the community. Sidewalks shall be constructed along public
road frontages and at least a five foot landscape strip shall be planted between
the roadway or curb and the sidewalk. The sidewalk shall be set back from the
back of curb the maximum distance allowable within the right of way.
1. Mandatory Requirements - Pedestrian Path Design Standards
A. Proposed developments shall have a pedestrian network.
B. Paths shall comply with any applicable Americans with
Disabilities Act standards for slope, width, texture, level
differences, and ramps.
C. Paths shall be a minimum of five-foot in width.
D. Paths shall be clearly identified (through painting, signage,
texture change).
E. In order to facilitate travel, paths shall not be obstructed by any
object or structure.
F. Paths shall be designed to minimize direct auto-pedestrian
interaction.
G. Paths shall be connected to signalized crosswalks, where
applicable.
H. Paths shall be a direct and convenient route between points of
origin (such as a bus stop) and destination (such as a shop, bank,
etc.) with the following exception: sidewalks and paths may
meander to protect and maintain mature trees and other permitted
landscape features. Meandering sidewalks are discouraged.
I. Internal walkways (paths) shall be constructed connecting the
public sidewalk along the street to the main entrance of the
principal use of the property.
J. Pedestrian paths shall be colored/textured walkways or
sidewalks.
2. Encouraged Elements - Pedestrian Paths and Public Spaces
A. To increase safety, grade separation is encouraged between
pedestrian paths and motor vehicle access areas.
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B. Paths are encouraged to be built alongside interesting and inviting
features. Street furniture is encouraged to be located adjacent to any
path. Street furniture includes, but is not limited to, benches,
pedestrian scale lighting, trash receptacles, and mailboxes.
C. Community public spaces that promote gathering and have a park
like design with streetscape and hardscape elements are
encouraged.
D. Paths are allowed to perpendicularly cross landscape strips.
E. Granite curbing is preferred over other types of curbing.
12H.3.4. Site Lighting for Parking Lots, Pedestrian Paths and Public Entrances.
Lighting should be compatible with the rural and historic setting of Northwest
Fulton. Lighting should be minimal while at the same time ample enough for
safety and night viewing.
A. Parking lot lighting shall meet the following minimum standards:
a. Light posts shall not exceed a height of 20 feet from finished
grade.
b. Light posts shall have curved arms to focus light downward. Up
to
two (2) arms are permitted on a single post.
c. Parking lot light fixtures shall have the light cut off below 90
degrees and the beam shall be cut off at 75 degrees.
d. Allowable post arm style shall be Shepherd’s Crook.
B. Pedestrian lighting shall meet the following minimum standards:
a. Light posts shall not exceed a height of 15 feet from finished
grade.
b. Allowable post styles are pole-top, bollard, and Shepard’s Crook.
C. Posts shall include a taper, either in their transition downward from post
to decorative shaft (base), or upward to ballast housing, or both.
D. Prohibited styles: Shoe box and cobra styles.
E. Building mounted lighting fixtures shall have a 45 degree light cut off.
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F. All exterior lighting in publicly accessible locations shall be
architecturally decorative with a historic style.
G. Neon lighting is prohibited.
H. Light housings and posts shall be a dark color/material and be non
reflective.
I. Exterior lighting shall not exceed two (2) foot candles.
12H.3.5. Building Size, Orientation, Setback, Height, Scale and Parking. The design
and lay out of a development should build upon and complement the design of
crossroads communities as opposed to creating a new one. The size, orientation,
setback and scale of buildings are integral elements of crossroads communities.
A building’s orientation and placement should complement and relate to
adjacent buildings, structures and properties. The placement of buildings should
create and informal grouping and relationship between them as opposed to
being orderly and uniform. The location of a building should take into
consideration its rural surrounding and take advantage of this by maintaining
open views and spaces.Buildings should be in proportion, in scale and
characteristic to their rural and natural setting. The building design and material
should contribute to the style and feeling of its rural surrounding. The visual
impact of parking should be minimized by placing it to the rear and by
screening
A. Size. Non institutional buildings shall be limited to the following:
1. On a development of four acres or less, the maximum building
size shall be 20,000 square feet. However, to encourage
construction of multiple buildings, if two or more buildings are
built, the total size of all buildings shall be a maximum of 25,000
square feet, no single one of which shall exceed 15,000 square
feet.
2. On developments larger than four acres, the maximum building
size shall be 25,000 square feet.
3. A group of two or more buildings that share at least one
contiguous wall will be considered as one building.
B. Orientation
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1. All buildings shall be oriented to a public street. An entrance to a
building should be located on the side of the building facing a
public street.
2. Driveways shall be perpendicular to the street.
C. Setbacks
1. For all property and lots located adjacent to public rights-of-way
and from 0 to 400 feet from an intersection, buildings shall be set
back no more than twenty (20) feet from the edge of the required
landscape strip and/or easements. This twenty (20) foot front
yard area may be developed with a combination of landscape and
hard-scape elements, such as plazas, fountains, benches, and
tables. Additional shade tree plantings are encouraged within
public gathering places and alongside pedestrian paths. Buildings
shall have varying setbacks to create the informal crossroads
community setting.
2. For all property and lots located adjacent to public rights-of-way
and 400 feet or more beyond an intersection, buildings shall be
set back no more than thirty (30) feet from the edge of the
required landscape strip and/or easements. This thirty (30) foot
front yard area may be developed with a combination of
landscaping and hard-scape elements, such as plazas, fountains,
benches, and tables. Additional shade tree plantings are
encouraged within public gathering places and alongside
pedestrian paths.
3. Buildings within a development shall have a 20 foot separation
between buildings. This are shall be developed as greenspace or
with a combination of hardscape and landscaping.
4. In the case where a building(s) in a development can not front a
public street and meet the requirements of this article because
other buildings are located there and no more space is available
along the public street, then the building(s) can front on an
internal street in the development. The standards in this article
that specify
a building’s position and relation to the street are also required
for a building(s) fronting on an internal street. The internal
streets will also have to meet the standards specified for the
public right-of-way, including landscape and streetscape
requirements.
D. Height
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1. There shall be a maximum height limit of two stories with the
maximum height 30 feet from average-finished grade to the
bottom of the roof eave.
E. Scale
1. For every eighty feet of building length on a single face, there
shall be variation in the exterior. This exterior variation shall be
accomplished through the following means:
a. For each eighty feet of building exterior wall, the
building exterior and roof shall be offset by a minimum
of ten feet. Overhangs and roof lines shall follow the
building’s location.
b. For each 80 feet of building exterior wall, there shall be a
change in details, or patterns or materials.
F. Parking
1. Parking shall be shared among users within a common
development. Parking shall be reduced according to the shared
parking standards established in Article 18.2.2 of the Milton
Zoning Ordinance. Additional reduction in the number of
parking spaces is encouraged.
2. All parking spaces built, which exceed the minimum number
required by the Milton Zoning Ordinance, shall be constructed of
pervious material.
3. No on site parking shall be located to the front of a building
and/or between a building and the public right-of-way (see article
12H.3.2.B regarding landscaping if parking is in view from the
right-of-way). Parking shall be located adjacent to internal
streets, not a public right-of-way.
4. If an internal street is developed for use by the general public,
one row of parallel or diagonal parking is allowed between the
street and the curb.
12H.3.6. Building and Other Structure Design. Construction of buildings in styles and
types not found in Northwest Fulton shall be avoided. Modern style using
traditional elements and the reinterpretation of a style rather than the mimicking
of a style is encouraged. Exaggerated or excessively large or small architectural
elements should be avoided. Elements should be in proportion with the overall
building. In addition, buildings should reflect a specific style and not mix
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elements of different styles. The design and architectural elements of the
buildings should be compatible to those of the area. In Northwest Fulton,
commercial buildings are built at the intersections of two major roads in a
pattern of rural development called “crossroads communities.” Residences are
constructed at the edge of these crossroads communities. The Overlay District
seeks to replicate this pattern by having future non-residential construction, built
within 400 feet from the edge of right-of-way of an intersection, include
elements of the historic commercial buildings, and nonresidential buildings,
constructed over 400 feet from the edge of right-of-way of an intersection,
include elements of the historic residential buildings.
A. Building Design
1. All non-single family buildings constructed within 400 feet from
the edge of right-of-way of an intersection of two public roads,
shall be designed in accordance with the predominant commercial
building types (see Attachment B).
2. All non-single family buildings constructed over 400 feet from
the edge of right-of-way of an intersection of two public roads,
shall be designed in accordance with the predominant residential
building types (see Attachment B).
B. Building Material:
1. Exterior wall materials shall consist predominately (a minimum of
80%) of one or a combination of the following materials:
horizontal clapboard siding; brick; and stone. Vertical clapboard is
permitted on buildings built to look like barns. The brick shall be
hand molded or tumbled to create the appearance of old brick.
2. Accent wall material (no more than 20%) may include glass,
architecturally treated , precast stone. All shall have a natural
appearance and/or a historic appearance.
3. Prohibited exterior building materials are: metal panel systems, ascast
smooth concrete masonry or plain, reinforced concrete slabs,
aluminum or vinyl siding, plywood, mirrored glass, press-wood or
corrugated steel (exceptions: mechanical penthouses & roof
screens).
C. Roof:
1. Permissible roofs types are gable, pyramidal, and hip. Shed roofs are
permitted over porches, additions, and accessory structures. Roof pitches
shall be 8 over 12 to 12 over 12.
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2. Roof material shall be made out of the following materials: asphalt
shingle, wood shingle, wood shake, or standing seam metal.
3. Buildings with a minimum gross square footage of 15,000 square feet
are allowed to have a lower pitched roof if they meet all of the following
standards:
a. A decorative parapet or cornice is constructed along all
roof lines with a lower pitch than specified in Section
12H.3.6.C (1).
b. Roof top equipment is screened from public view from all
adjacent public streets.
4. Mansard roofs are not permitted.
D. Windows:
1. Buildings shall have a ratio of openings (e.g., windows and doors)
to solids which ranges from no less than 30 percent to no greater
than 50 percent of the building exterior.
2. For wall sections greater than ten (10) feet wide:
a. No one window shall exceed 32 square feet. No grouping
of window shall exceed 100 square feet.
b. Windows on the side of the building with the principal or
main entrance shall have a maximum distance between
windows not to exceed one window width.
c. Windows on the building side and rear may have window
spacing up to two window widths apart.
d. Window sills shall be placed a minimum of two feet above
finished grade.
3. A minimum of 80 percent of windows on each exterior wall shall have a
vertical orientation. The ratio of height to width of vertical windows
shall be no less than 1.8 (height) to 1 (width).
4. Window types shall include one or a combination of the following types:
double-hung sash window with 2/1, 3/1, 2/2, 4/4, 6/6, and 9/9 lights,
casement windows and fixed windows. The upper sash of all windows
shall have divided lights. Clip-ins are allowed.
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5. If located on a corner lot, all of the exterior building walls facing a
public street shall continue the same window arrangements as the side
with the principal entrance.
6. If windows are paired or grouped in larger numbers, windows shall
have divided lights of 2/1 or more.
E. Doors:
1. Allowed doors used as entryways by the public include:
a. Wood or simulated solid wood door with raised panels
b. Wood or simulated wood door with raised panels on the bottom
half and glass on the top half
c. Glass door with divided lights
2. Flush panel doors are prohibited as exterior doors.
F. Architectural Features: Architectural details are encouraged to create variety,
visual interest, and texture on new buildings.
1. Articulated building entryways are typical of building types
throughout the district. Therefore main entrances shall have greater
architectural details by including a minimum of two of the following
elements:
a. Decorative columns or posts
b. Pediments
c. Arches
d. Brackets
e. Transoms over doorways
f. Sidelights
g. Porticos
h. Recesses/projections
2. If used, shutters shall be operable and fit the size of the window.
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3. If roof dormers are present and they have windows, then the
windows shall be glazed. Dormers are not a common element and
should be used minimally.
G. Accessory structures:
1. Out-parcel buildings, accessory structures, fences and walls shall
have architectural features and exterior materials consistent with the
principal building(s).
H. The following building components shall be prohibited if visible from
public street: steel gates, burglar bars, chain link fence, steel roll down
curtains. If not visible from any public street, such treatments are allowed
12H.3.8. Building Colors. All aspects of a development should use colors common in
the area and in nature. Earth-toned, subtle and muted colors provide for a
development that incorporates sensitivity to its natural surrounding.
A. Paint colors shall be chosen from the range of traditional colors present in the
area. Inappropriate high intensity colors shall be avoided.
B. Acceptable colors are listed in Attachment A.
12H.3.8.1 Sign Structure Colors.
A. All colors when applied to a neutral background using the pallet in
Attachment C will be acceptable. Colors used for corporate identity
or graphics shall not exceed over 30% of the total signage area,
thereby leaving 70% of the total sign area to remain in the neutral
background color.
B. Acceptable colors are listed in Attachment A.
12H.3.9. Graffiti. Graffiti defacing the facade of any building, sign, path, accessory
structure, wall, fence or other site element is prohibited.
12H.3.10. Towers and Antennas. Antenna, tower and associated structures should blend
in with their surrounding as much as possible.
A. Antennas and towers shall be as far away from the right of way as
possible or be located next to established tree plantings.
B. Antennas, towers and accessory structures shall be a dark matt non
reflective color such as dark gray.
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C. Antennas, towers and accessory structures shall have no lights other than
those required by the Federal Aviation Administration.
D. The landscape buffer around the antennas, towers and accessory
structure shall be natural and informal by having an irregular shape.
E. The plantings in the landscape buffer shall obscure any accessory
structures within one year of planting.
F. In the landscape buffer, a mix of three species of trees acceptable to the
Milton Arborist should be planted. In the mix of trees one should be
evergreen, one deciduous and one seasonal or perennial.
G. Fence openings shall be out of view from the public right-of-way.
H. Where appropriate, towers should be camouflaged.
12H.4. SEVERABILITY. In the event that any section, subsection, sentence, clause or
phrase of this Article shall be declared or adjudged invalid or unconstitutional,
such adjudication shall in no manner affect the other sections, subsections,
sentences, clauses or phrases of this Article, which shall remain in full force and
effect, as if the section, subsection, sentence, clause, or phrase so declared or
adjudged invalid or unconstitutional were not originally a part thereof.
12H.5. APPEALS. Any persons aggrieved by a final decision of the Design Review
Board relating to this Article may appeal from such final decision to the Board
of Zoning Appeals by filing in writing setting forth plainly, fully and distinctly
why the final decision is contrary to law per Section 22.4 et seq. of the City of
Milton Zoning Ordinance. Such appeal shall be filed within 30 days after the
final decision of the Design Review Board is rendered.
(Planning Commission Recommended that the department remain).
12H.6. EFFECTIVE DATE. Applications for building permits, land disturbance
permits, and sign permits filed on or after the day of adoption of this Ordinance
shall meet the standards of this Overlay District.
12H.7. ADOPTION. NOW, THEREFORE BE IT RESOLVED, the City of Milton
Mayor and City Council does hereby ordain, resolve, and enact the foregoing
Article XIIH to the City of Milton Zoning Ordinance.
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Deleted: Department of Community
Development
Comment [r2]: P.C. recommendation
to delete Design Review Board and keep
Department of Community Development
Deleted: Department
Attachment A
Acceptable Building Material and Sign Color Palette
A. Colors apply to building materials, architectural and decorative elements, and sign
structure.
B. The numbers refer to Pantone Matching System, an international color matching
system. The PMS Color Guide can be matched using a variety of methods:
- Modern Digital Scanning/Color Interpretation
- Cross referencing Paint Manufacturers Formulas
- Visual comparison matching
3. Colors have been chosen not only by what is found architecturally in the Northwest
Fulton area historically but also what is seen in nature and in the surrounding
environment. These interpretations seek to avoid “primary” color values in favor of
“muted” and “subtle” colors.
4. Any brand of paint can be used. The reference to certain paint brands is simply to
illustrate the appropriate colors.
Whites
Acceptable “whites” are described as subtle shades or tints of white, including
“neutral”, “antique”, “taupe”, or “sandstone”.
Quarter-tones
Quarter tones are one-quarter the strength of a full color. It provides a softer transition
between colors.
Mid-tones
Half-way between light and dark.
Shadow-tones
Dark colors are fully pigmented and offer rich colors for darker accenting without
relying on basic browns, blacks, and grays.
Color Chart
Manufacturer: PMS, Porter Brand (P), Duron (D),
Name: Color tile
No. Reference Number
Range: White (w), Quarter-tone (q), Mid tone (m), Shadow tone (s)
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ATTACHMENT B
Characteristics of Northwest Fulton Crossroads Communities
The Northwest Fulton Overlay is based on the overall setting and characteristics of the rural
crossroads communities in the City of Milton. In order to determine their qualities, a visual
survey was conducted of Crabapple and Birmingham as well as commercial buildings in
Hopewell and Arnold Mill, the main crossroads communities in the City of Milton.
Commercial development in the City of Milton has been historically located in the crossroads
communities that developed at the intersection of two or more roads. In these communities,
commercial uses are close to the intersection, with institutional uses, such as churches and
schools, next to them and residential uses extending along the roads. Large tracts of
agricultural land, with rural vistas and views, border the residential areas. These crossroads
communities maintain their historic integrity as well as their informal character, rural
atmosphere and charm. Generally, the commercial buildings at the crossroads are oriented to
the street, are close to the street and have varying setbacks (from zero to twenty feet).
Buildings are grouped informally and asymmetrically to each other to form a village
atmosphere. Parking is located to the side or to the rear. Landscapes and the space between the
buildings are informal, asymmetrical, rural and picturesque. They avoid modern day styles that
emphasize ordered plantings, over planting and often geometric placement. Informality of
place provides for human scale, comfort and a welcoming atmosphere. The setting, the
buildings’ design and architectural details are elements that maintain the value of the
communities and contribute to the sense of place in the City of Milton. More than being a place
for commerce, they provide the sense of identity, ownership, community and evolution. Many
of the commercial buildings were built from the late 1800's to the late 1930's in various types
and style and have a rural and agrarian character. The buildings are generally small, one story
with a square or rectangular foot print. Buildings are in scale and in proportion to each other.
The principal building materials are brick and clapboard siding, however, stone is also
used. The roofs are gable or hip and are made out of standing seam metal or asphalt shingles.
Many of these also have a small recessed porch. Several window types are present including,
double-hung sash, casement, fixed and fixed with an arch. In the double-hung sash windows,
the sashes are divided into 6 lights over 6, 4/4 and 2/2. The windows are in proportion to the
building and most have a vertical orientation. The doors are usually wood paneled doors with
glass in the upper half. The entryways and main facades are more articulated that the rest of the
buildings. This is achieved by recessing the entrance or flanking the door with sidelights and
transom lights. The buildings have limited stylistic elements. Some of the features that are
present include: round and square columns, frieze board, exposed rafter ends, and triangle
gable braces.
Crossroads communities blend with their surroundings and thus avoid abrupt beginnings and
endings. Commercial buildings transition into smaller residential buildings. Uses also
transition down from commercial to office and then to residential. Many residential buildings
that extend along the roads are now being used for retail and office. These residential areas also
share similar characteristics: they are one-story, oriented to the street, often a walkway leads
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from the street to the front door or from the driveway to the front door, and the driveway is
perpendicular to the street. Parking is to the side or the rear. The buildings are set back ten to
forty feet from the sidewalk. In addition, wood fences, retaining walls and hedges often define
the boundaries of the property.
The houses themselves also have similar characteristics. The principal building material is
wood clapboard siding and some are made out of stone. The common roof forms are gable,
cross gable and hip and are made out of standing seam metal or asphalt shingles. The houses
are raised on a foundation. Most of these also have a front or wrap around porch. The majority
of the windows are double-hung sash with the sashes divided into 6 lights over 6, 3/1 9/9, 1/1
and 2/2. Some have sidelights and transom lights around the front door and fixed arched
windows.
Several house types are present, including: hall parlor, double pen, central hallway, gable ell
cottage, new south cottage, Georgian cottage, bungalow and side gable cottage. House type
refers to the height of the house as well as the general layout of the interior rooms. A
description and layout of each is included in Attachment B.
Many of these houses do not have a high style but rather have a vernacular interpretation of a
style. Style refers to the external ornamentation and the overall form of the house. In many
cases style elements are associated with a certain house type. For instance, craftsman elements
are present in bungalow type houses. The architectural features present in these houses, by
style, are listed below and are discussed in Attachment B.
Greek Revival: frieze board, round columns, Doric columns, flute columns, gable returns,
corner pilasters, dentil molding, pedimented gable.
Queen Anne and Folk Victorian: decorative cut shingles, verge board, turned posts, ionic
columns, porch with turned balusters, frieze board.
Craftsman: wood or brick battered columns on brick or stone piers, exposed rafter ends,
overhanging eaves, gable braces, frieze board, gable returns.
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NORTHWEST FULTON OVERLAY DISTRICT MAP
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ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006
AMENDED ON APRIL 19, 2007
ARTICLE XII-H(1)
Crabapple Crossroads of the Northwest Fulton Overlay District
12H(1).1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton,
Georgia hereby declares the purpose and intent of this Ordinance to be as follows:
To implement the Crabapple Crossroads Plan of June 4, 2003 and to regulate
development in such a way that it will be consistent with the Crabapple Crossroads
Plan of June 4, 2003 and with Crabapple’s character.
To promote the public health, safety, welfare, history and education by ensuring
architectural integrity in the Crabapple area and by preserving the cultural heritage of
the Crabapple area.
To implement and to provide opportunities for mixed-use development which
promote the live work concept and are comprised of commercial, office,
institutional, and residential uses that are compatible with Crabapple’s historic and
rural village oriented development.
To preserve and to ensure the harmony and compatibility of the character of
Crabapple by ensuring that building and site design are human in scale.
To provide design standards against which plans will be judged for harmony,
compatibility and appropriateness as developed based on Crabapple’s historic rural
character.
To protect 20% of the Crabapple Crossroads as open space. To protect 10% of each
project/development as open space. To encourage open space in areas identified in the
Crabapple Crossroads Plan. To provide open space that is usable, accessible and
lessens the visual impact of development.
To develop an interconnected transportation network and to implement a
pedestrian-oriented core surrounded by residential uses at its perimeter.
To increase transportation modes, to improve mobility, and to improve pedestrian
circulation by planning and promoting pedestrian oriented developments.
To preserve and promote rehabilitation of Crabapple’s historic resources and ensure
that existing design characteristics of Crabapple are incorporated into the design
standards and that new construction is compatible and complementary with the
architectural characteristics of historic resources.
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Deleted: AN ORDINANCE TO ADD
ARTICLE XII-H(1) TO THE ZONING
ORDINANCE OF THE CITY OF
MILTON GEORGIA; TO DELINEATE
THE CRABAPPLE CROSSROADS
WITHIN THE NORTHWEST FULTON
OVERLAY DISTRICT; AND TO
ESTABLISH STANDARDS FOR THE
CRABAPPLE CROSSROADS.¶
¶
BE IT RESOLVED BY THE MAYOR
AND CITY COUNCIL OF THE CITY
OF MILTON , GEORGIA.¶
¶
To ensure that new construction is compatible and sensitive with Crabapple’s
existing character including the spatial relationships between buildings, proportion,
scale, design, placement, position and architectural qualities and that a building’s
architectural elements are carried out in all four elevations.
To ensure that the design of all buildings is compatible with the scale, design, style,
placement, position, uniqueness, historic building elements architectural detailing,
variation in building massing, visual variety, and street-orientation of buildings in
Crabapple, and with planning policies and goals of the Crabapple Crossroads Plan of
June 4, 2003.
To preserve Crabapple’s historic development pattern that is characterized
primarily by single-family residences and neighborhood commercial buildings,
many of which were constructed between the late1800s and early 1900s.
To encourage a variety of housing choices in Crabapple through the construction of a
diverse housing stock.
To promote uses that encourage walking, neighborhood businesses as identified in
the Crabapple Plan and retail uses that promote the village character.
To maintain Crabapple’s existing topography, mature vegetation and natural
resources and to minimize severe changes that would impact Crabapple’s
established visual character.
12H(1).2. CRABAPPLE CROSSROADS REGULATIONS. The Crabapple Crossroads is
section of the Northwest Fulton Overlay District that applies to all parcels in the
Crabapple Crossroads Plan of June 4, 2003.
The boundary of Crabapple Crossroads section of the overlay shall include all parcels
within the map below. The Crabapple Crossroads section of the overlay,
approximately 511 acres in 119 parcels, contains the historic mixed-use center of
Crabapple and land surrounding it. It is bounded in part by the following subdivisions:
Kensington Farms to the north, Waterside to the west, Crabapple Chase and Arbor
North to the southwest, Westminster at Crabapple to the south and Mid-Broadwell
Trace and St. Michelle to the east.
The center of the Crabapple community is at the intersections of Crabapple Road,
Birmingham Highway, Mid-Broadwell Road, Mayfield Road and Broadwell Road.
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CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP
If standards are not specified in the Northwest Fulton Overlay District, then the City of Milton
Zoning Ordinance shall apply. If standards are not specified in the Crabapple
Crossroads Section, then standards of the Northwest Fulton Overlay District shall apply.
Whenever provisions of this Article conflict with the City of Milton Zoning Ordinance or any
other City of Milton ordinances, or regulations, these standards shall prevail.
12H(1).3 DESIGN REVIEW BOARD.
The City of Milton Overlay District Design Review Board, as set forth in Section
12H.2. of this ordinance shall review for approval all plans for development except detached
single family residential in Crabapple Crossroads for compliance with the standards herein
prior to the approval of a Land Disturbance Permit, Building Permit, Primary Variance, Land
Disturbance Permit and for both residential and non-residential structures for a Demolition
Permit.
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Comment [r1]: PC recommended to
delete “for approval"
Deleted: herein and shall make
recommendations to the Department of
Community Development
(PC recommended not to delete “and shall make recommendations to the Community
Development Department)
12H(1).4. DEVELOPMENT STANDARDS.
A. Site Design
1. On site creeks should be integrated into the site as amenities.
2. New construction shall conform to the existing topography as much as
possible subject to approval by the Manager of the Community Development
Department.
3. Building shall be avoided on sites with slopes greater than 25%.
4. Where retaining walls are required, they shall be faced with indigenous rock
or brick. Use of landscape timber as exterior treatment in retaining walls is
prohibited. Retaining walls above 5 feet shall have evergreen plantings in front
or as approved by Community Development Manager.
5. Detention facilities shall be designed pursuant to the Alternative Design
Standards described in the Milton 2005 Subdivision Regulations.
6. Design shall follow the natural landforms around the perimeter of the basin.
Side slopes of basins shall not exceed one-foot vertical for every four foot
horizontal.
B. Streets
Notwithstanding the provisions of the Milton Subdivision Regulations and
requirements of the City of Milton Transportation Engineer, new streets within
the Crabapple area shall conform to the design standards and location criteria
set forth below. When these standards conflict with the Georgia State
Department of Transportation, the State’s standards may prevail.
The Crabapple Plan calls for three types of streets to create an enhanced road
network. Each street type has on-street parking (optional on Neighborhood
Streets-Type C), landscape strips, sidewalks and setback standards.
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1. Village Main Street (Type A):
Mayfield Road and Crabapple Road are designated as Village Main Streets.
The Village Main streetscape standards are:
a. Minimum Landscape Strip: 8 feet
b. Minimum Sidewalk width: 8 feet
c. Building setback: 0 to 10 feet maximum
d. On street parking: To be located in Village Mixed Use and Village
Office/Residential land uses, optional in other land uses. Bulb-outs to be
located at the intersections in Village Mixed Use and Village
Office/Residential.
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2. The Village Secondary Street (Type B)
Birmingham Highway and Broadwell Road and around the mixed-use area and the
schools are designated as Village Secondary Streets.
Village Secondary Street (Type B) streetscape standards are:
a. Minimum Landscape Strip: 7 feet
b. Minimum Sidewalk Width: 5 feet
c. Building Setback: 10 to 20 feet maximum
d. On Street Parking: along Village Mixed Use and Village Office/Residential
land uses, but optional in other land uses.
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3. The Neighborhood Streets streetscape (Type C)
All residential streets are designated as Neighborhood Streets.
In Village Mixed Use, Village/Office Residential and Sub Village Residential A,
the Neighborhood Streets streetscape (Type C) standards are:
a. Maximum design speed: 25 miles per hour
b. Minimum Landscape Strip: 7 feet with curb and gutter and 10 feet with
swales
c. Minimum Sidewalk Width: 5 feet
d. Maximum Building Setback: See table in Residential section
e. On Street Parking: Optional
In all other Residential and agricultural land uses, the Neighborhood Streets
streetscape (Type C) standards are:
f. Maximum design speed: 25 miles per hour
g. Minimum Landscape Strip: 10 feet swales
h. Minimum Sidewalk Width: 5 feet
i. Maximum Building Setback: See table in Residential section or as
determined by the Community Development Manager.
j. Swales shall have a slope of 2% or less.
k. Trees shall not be planted in the center line of water flow.
l. Red Maple, river birch, willow, and birch cypress are recommended for
planting in swales or other trees as recommended by the Milton
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arborist.
C. Landscaping and Buffers
1. A minimum 6-foot wide landscape strip between the road the sidewalk is
required along Mayfield Road and Crabapple Road.
2. A minimum 5-foot wide landscape strip between the road the sidewalk is
required along Birmingham Highway and Broadwell Road around the
mixed use area and the schools.
3. A minimum 5-foot wide landscape strip with curb and gutter between the
road the sidewalk is required for all new residential streets for Village
Mixed Use, Village Office Residential and Sub Village Residential A. A
10-foot wide landscape strip with swale is required for all new residential
streets in the other Residential land uses.
4. Specimen trees should be preserved to the extent possible.
5. Street trees in the landscape strips shall be planted in asymmetrical
groupings at a minimum density of one tree per 30 feet of street frontage.
Trees shall be selected from the Milton Tree Preservation Ordinance and
Administrative Guidelines.
6. Street trees may be counted towards the required tree density for a site as
approved by the City of Milton Arborist
7. Trees shall be trimmed up to 7 feet or not impede pedestrians.
8. Street lights and pedestrian lights may be placed in the landscape strip as
Long as long as they don’t interfere with future tree growth.
9. Additional landscaping elements of trees, shrubs, grass and ground cover
may be provided in building setbacks.
10. Parking lots shall include landscape islands per the Zoning Ordinance of
City of Milton and the Milton Tree Ordinance
11. Buffers: Parcels at the periphery of the Crabapple Crossroads shall have a
25 foot buffer and 25 ft building setback to provide a transition between the
parcels in the Crabapple Crossroads and those outside of it.
D. Sidewalks and Pedestrian Paths
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1. Sidewalks are required along all public and private road frontages and
should be offset as specified in section 12H(1)4.B. Meandering sidewalks
around existing trees is subject to the approval of the
City of Milton Arborist.
2. Sidewalk materials shall be continuous across the entire length of all
driveways. The driveway shall match the appearance of sidewalk materials, in
color, texture and design.
3. Design and materials of sidewalks along the existing roads (Crabapple
Road, Birmingham Hwy., Mayfield Road, Mid-Broadwell Road and
Broadwell Road) to be determined by the Public Works Crabapple
Streetscape Project.
4. Sidewalks for all new projects shall connect with existing sidewalks and
paths.
5. Pedestrian paths shall be designed to minimize automobile and pedestrian
interaction. In Village Mixed Use and Village Office/Residential land use,
clear pedestrian paths between buildings, sidewalks and parking lots shall
be established with minimal interruption of pedestrian paths by vehicular
circulation, parking lots, and service areas.
6. Pedestrian paths shall connect residential development, open space,
institutional uses and nonresidential developments as reviewed by the
Community Development Department.
E. Streetscape Lighting and Street Furniture
1. The lighting plan for sidewalks shall be included on the site plan submitted at
the time of application for a Land Disturbance Permit. Lighting shall also be
shown on the landscaping plan. Future mature growth vegetation shall not
conflict with proposed lighting.
2. Street lighting and pedestrian lighting shall meet the Crabapple Streetscape
standards.
3. Developments in the Village Mixed Use and Village Office/Residential
shall include street lighting and pedestrian lighting in the streetscape.
4. If provided, street furniture shall be located outside of the minimum
sidewalk width of 5 ft. If installed, benches and trash containers shall be
selected from the Crabapple Streetscape standards.
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5. Hardscape elements such as wider sidewalks plazas, street furniture such as
benches, fountains, tables and chairs, and trash receptacles may be located in
the required front yard and side corner yard setbacks.
6. Awnings can project over sidewalks.
F. Block Size and Block length
1. Land shall be subdivided into block sizes that range from 2 to 10 acres.
Blocks with a mix of uses should be 2 to 5 acres.
2. Each side of residential blocks shall not exceed 660 feet in length.
3. Each side of Village Mixed Use and Village Office/Residential blocks shall not
exceed 400 feet in length.
4. Double frontage lots are not allowed.
5. New streets should not be created which require rear yards of new buildings
nor opaque fencing to face an existing public right of way (except alleys).
G. Colors
All buildings shall meet these color standards. All exterior building materials,
architectural and decorative elements, and sign structure colors must be selected
from the list provided. The numbers refer to Pantone Matching System, an
international color matching system. All shades of whites and off whites shall be
allowed.
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Permitted Colors
Base Colors – Primary Building material
Pantone Colors
Accent Colors – allowed for architectural
elements, roof, accents, awnings, structure
Pantone Colors
120C
1205C
160C
1815C
2915
400C
406C
404C
410C
413C
420C
421-422C
435C
4495C
450C
452C
4525C
4535C
4535U
4545C
454C
4545C
466 C&U
4645
468C&U
4685C
4715C
482U
483C
490C
5455C
5477C
549U
5773C
5787U
5793U
5803U
5807U
5855U
5875U
607
608
623U
726
Warm Grey 1-4
1807C
2C-7C
289C
316C
401-405C
407-412C
412C
415-419C
423C
424-425C
448-450C
4485U
4495C
451C
4504C
4515-4525C
455C
462U
464U
476U
478U
484C
491C
4975
553
5363
539
548
5467
5743U
5747U
5757U
5773U
5815U
5835U
625U
627U
Warm Grey 5-7C
Warm Grey 8-11
H. Open Space
1. Each development shall indicate 10% of the site as open space. The
openspace can include environmentally sensitive areas, streams and stream
buffers, multi-use paths, pocket parks and public parks. In the portions of
the study area in the Chattahoochee River basin (i.e the sewered portions of
the study area) a maximum 50% of the required open space shall be
environmentally sensitive areas, streams, stream buffers.
2. The open space shall be accessible for pedestrian use and usable. It shall not
include any portion of lots nor required landscaping and setbacks.
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3. To the extent possible, new development projects should provide access to
the three parks which are identified in the Crabapple Crossroads Plan of
2003. The open space should be located adjacent to and connected with
these three parks: along the two streams in the NW quadrant, along the City
of Alpharetta lake in the SW quadrant and along the lake on Mayfield Road
in the NE quadrant. In addition, open space with paths is encouraged.
12H(1).5. COMMERCIAL, OFFICE and INSTITUTIONAL DEVELOPMENT
STANDARDS.
All nonresidential standards apply to renovation existing and construction of new
structures, used for non-residential purposes, within the area defined within the
document.
A. Driveways and Parking for Nonresidential Uses
1. Driveway access to non-residential buildings should be located at the side
or rear of the principal structure.
2. In commercial areas, inter-parcel access and shared driveways are required
to minimize curb cuts and improve street traffic flow.
3. Parking and driveways shall be made out of gravel, concrete or pavers.
Stamped and/or colored concrete surfaces shall also be acceptable surface
treatments. Asphalt shall not be allowed.
4. Any parking over the amount required by the City of Milton Zoning
Ordinance shall be surfaced with gravel or grass pavers.
5. Parking may be shared pursuant Article 18 of the City of Milton Zoning
Ordinance.
6. On-street parking can be counted as part of the minimum number of
required parking spaces.
7. In the mixed use and office/residential land use areas and on Type A
Village Main Streets and Type B Village Main Streets,
streetscape bulb-outs shall be located at all intersections and to the extent
possible one bulb out shall be required for every five on-street parking
spaces. Location, design and plantings in the bulb-outs are subject to the
approval of the City of Milton Community Services Department.
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B. Non-Residential Building Design
1. The building façade facing a public right of way shall have exterior building
wall offsets, including projections, recesses every 40 feet in order to add
variety.
2. Pitched roofline offsets shall be provided every 40 feet to relieve the effect
of a single roof and to add variety.
3. Appropriate and safe view angles and pedestrian crossings at exits and
entrances should be provided.
4. Corner building facades shall be parallel with the street (see illustration).
5. The buildings materials and design applied to the façade, shall continue
with the same proportion on all other exterior elevations of the building.
This proportion shall be calculated on a per side basis.
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6. Architectural accent material may include hard coat stucco.
7. The permissible roof types are gable, pyramidal, and hip as well as flat roof.
A minimum four foot parapet wall on all four sides or sufficiently high
enough to screen roof mounted equipment from views from the right-ofway,
shall be required. Shed roofs are permitted over porches, additions,
and accessory structures.
8. There shall be no pitch requirement for a roof.
9. Window standards are as follows:
a. Sash windows shall have divided lights.
b. Muntins and mullions shall be true divided lights or simulated
divided lights with muntins integral to the sash and permanently
affixed to the exterior face of glass.
c. The scale of the window and doors should be appropriate to the wall
in which it is placed. The front façade shall have windows and door
openings to consist of a minimum of 20% of the size of the front
façade. The other elevations shall have window and door openings
to consist of a minimum of 15% of the size of the corresponding
elevation. Windows shall be provided on each floor.
d. No window shall exceed 32 square feet and no grouping shall
exceed 100 square feet. Metal mullions are prohibited.
e. Windows in elevations facing a public right of way shall be
predominantly vertical in orientation. Store front type windows are
allowed on the front façade.
f. Window sills shall be placed a minimum of two feet above finished
grade.
g. Window frames on front facades shall not be metal.
10. Exterior machines, for the purpose of vending and dispending prohibited.
11. Propane tanks and other gas tanks and their storage containers shall be
either screened and located on the side or rear or as directed by the Fire
Marshall so that items cannot be seen from the street.
12H(1).6. RESIDENTIAL STANDARDS.
A. Applicability
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The Crabapple Crossroads Residential Standards shall apply to townhomes and
multi-family residential properties and structures. However building setbacks
and frontage requirements shall apply to all residential uses.
B. Residential Site Requirements
1. The required lot frontage and building setbacks are as follows:
2. Building separations shall be subject to the requirements of the Standard
Building Code and the Life Safety Code.
C. Driveways
1. Turnarounds and permanent off-street parking are not permitted between
the principal structure and a public street.
2. No more than one driveway shall be allowed per single family residence.
3. A driveway serving a single residential unit shall not exceed 12 feet in
width up to the front façade of a house, including the flare at the street.
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4. Driveways shall be gravel, concrete or pavers. Asphalt driveways are
prohibited.
5. Driveways shall be located at least 5 ft from a parcel line.
D. Building Orientation
1. The front façade, front porches, and front doors of the principal residential
structure shall face and be parallel to the street.
2. There shall be no double frontage lots (except for private alleys).
3. Duplex units shall be located side by side or above and below facing a
public street. Duplexes shall not be of a front/back configuration.
E. Garages
1. Garages shall not extend beyond the front façade or primary building line of
the residential structure. Garage entrances are prohibited on the front
façade of the residential structure (see exemption in item 3 below).
2. Garages can be located in the rear or the side of the residential structure.
Garages can be located in the rear of the lot and house (either attached or
detached) accessed from an alley or in the rear of the house and lot (either
attached or detached) accessed from a side drive.
3. Garages can be located to the side of the house with a front garage entrance
set back at least half the distance of the depth of the house.
4. The garage can be flush with the front façade of the house with the entrance
on the side elevation as long as the garage feature is undistinguishable from
the front elevation.
F. Fences and Walls
1. Fences shall be constructed of brick, stone, ornamental iron, wood pickets
or wood boards or a combination thereof.
2. Fences not exceeding four feet in height may be erected in the front yard
and along the right-of-way.
3. Fences along any right of way shall not be opaque.
4. Fences and walls not exceeding six feet in height may be erected in the rear
and side yards. Six feet high side yard fences shall start half way back the
depth of the house.
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5. Access to alley ways may be fenced and entry controlled via a gate(s).
Gates shall not be opaque.
6. In the event of the construction of a conventional detention facility, exterior
portions of concrete retention ponds shall be faced with stone of brick.
7. Chain link fences are prohibited, except as required along
detention/retention ponds and along recreational facilities. Chain link fences
shall be black clad in vinyl and be screened with a 20 ft landscape strip,
planted at buffer standards.
8. Other than retaining walls, walls shall not be erected in the front yard or in
yards adjacent to a public street. Retaining walls shall be faced with stone
or brick.
G. Accessory Structures
1. Permanent accessory structures larger than 150 square feet, including
detached garages, shall be built of similar exterior buildings materials as the
principal structure and shall be located in the rear yard.
2. All mechanical equipment visible from a public street shall be screened
with vegetation and/or fence materials. If it is a corner lot, then is shall be
screened from the front view from both street frontages.
3. Private recreation and amenity areas (with the exception of paths) shall be
placed internal to a development and shall not have frontage on Mayfield
Road, Birmingham Hwy, Crabapple Road, Broadwell Road nor Mid-
Broadwell Road.
H. Residential Building Design
1. The building façade facing a public right of way shall have building wall
offsets, including projections, recesses to be used every 40 feet in order to
add variety.
2. Townhome developments shall not contain more than 5 connected units in a
single building massing. Each townhome in a townhome building shall have
the same building materials. When a townhome is located on a corner,
architectural elements and details of the house shall continue on the side of
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the house along the street.
3. Maximum Building height shall be 30 feet to the eave of the building
measured at the front façade.
4. Allowed exterior materials are: horizontal wood lap siding, cementitious lap
siding, vertical board and batten, brick, and stone. Hard coat stucco shall
only be allowed for trim areas. The building materials applied to the front
façade shall continue with the same proportion on all other exterior
elevations of the building. This proportion shall be calculated on a per side
basis.
5. Vinyl or aluminum siding, glass curtain walls, concrete masonry units,
exterior insulation and finishing systems (EIFS), exposed concrete masonry
units (CMU), concrete foundation walls are prohibited as exterior building
materials.
6. Roof types shall be side gable, cross gable, front gable, and hip. Shed roofs
are allowed on porches. Roofs shall be made out of asphalt shingle, wood
shingle, wood shake, slate or standing seam metal. Skylights shall be flat
(bubble and geometric skylights are prohibited). They shall be placed to the
rear of the house.
7. Windows in the front façade shall be predominantly vertical in orientation.
8. Windows frames of windows on the front façade shall not be made out of
metal.
9. If muntins or mullions are used, they shall be either true divided lights or
simulated divided lights (clip-ons are allowed).
10. Front doors shall be wood panel or have a combination of wood and glass
(such as French doors) or shall have the appearance of wood.
11. Exterior chimneys shall originate at the grade. Exterior chimneys shall be
faced with stone or masonry. Chimneys that originate at the interior can be
faced with hard coat stucco. Chimneys shall not be covered with siding.
12. A paved walkway from the front sidewalk to the front entry or front porch
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on the principal structure shall be provided for houses set back less than 30
feet and encouraged for houses with larger setbacks.
13. One front porch shall be required for every five groupings of townhomes.
Two porches shall be required for every four groupings of townhomes. One
porch shall be required for every three groupings of townhomes.
14. Front porches may extend 10 feet into the setback. Porches must have a
minimum depth of six feet.
15. Porches for quadruplex residences may be shared.
16. If shutters are used, they shall fit the size of the window.
17. Decks are allowed only to the rear of the principal structure. They shall be
not extend beyond the width of the building.
12H(1).7. EXISTING HISTORIC STRUCTURES. This includes all structures identified in
the 1996 Historic Resources Survey used for non-residential uses.
A. Alterations and additions shall be consistent and reinforce the historic
architectural character of the entire structure and shall comply with the
standards herein.
B. New additions and exterior alterations shall not destroy historic materials that
characterize the property. The new work may be differentiated from the old.
To protect historic integrity, any new work shall be compatible with the
massing, size, scale and architectural features of the property.
C. The removal of distinctive materials or alteration of features that characterize a
structure shall be avoided.
D. Where the severity of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design.
E. Where improvements and or alterations do not exceed 50% of the square feet
of the structure, applicants shall be exempt from the review by the City of
Milton Overlay District Design Review Board.
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ADOPTED BY THE CITY OF MILTON MAYOR & CITY COUNCIL ON
DECEMBER 21, 2006
ARTICLE XII-H(2)
Birmingham Crossroads of the Northwest Fulton Overlay District
12H(2).1. PURPOSE AND INTENT. The Mayor and Council of the City of Milton, Georgia
hereby declares the purpose and intent of this ordinance to be as follows:
To implement the Birmingham Crossroads Plan, the Birmingham Design Guidelines
and the 2015 North Fulton Comprehensive Plan “Maintaining the Rural Character in
Northwest Fulton County.
To implement village type pattern development at the Birmingham Crossroads by
having buildings with a pedestrian scale, variation in building size, architectural
detailing, variation in building massing, and street-orientation.
To protect at least 10% of the Birmingham Crossroads as open space. To have a
village green incorporated in the development of the Northeast and Southeast
quadrants of the Crossroads that gives the continuous appearance on both sides of
Birmingham Road.
To promote a pedestrian oriented development by dividing the land in the Birmingham
Crossroads into small walkable blocks with the construction of an internal road
system.
To balance the needs of pedestrians and automobiles by incorporating on-street
parking, cross walks, pedestrian crossings, landscape strips, alternative paths and
sidewalks along existing and internal roads.
To contain development at the Birmingham Crossroads, within the physical
boundaries of 27.1 acres, by placing septic systems at the perimeter of non residential
development and then by having a buffer at the exterior of the septic systems.
To encourage the preservation of historic resources and to encourage incorporation of
historic resources identified in the 1996 North Fulton Historic Resources Survey into
new developments.
To encourage the preservation of the rural area by preserving the night sky.
12H(2).2. BIRMINGHAM CROSSROADS REGULATIONS. The Birmingham Crossroads is
a section of the Northwest Fulton Overlay District. This article, XII-H(2), applies to
all parcels included in the Birmingham Crossroads Plan of March 3, 2004, excluding
single residential uses.
MILTON ZONING ORDINANCE
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Deleted: A RESOLUTION TO ADD
ARTICLE XII-H(2) TO THE ZONING
RESOLUTION OF FULTON COUNTY,
GEORGIA; TO DELINEATE THE
BIRMINGHAM CROSSROADS
WITHIN THE NORTHWEST FULTON
OVERLAY DISTRICT IN
UNINCORPORATED NORTH
FULTON COUNTY; AND TO
ESTABLISH STANDARDS FOR THE
BIRMINGHAM CROSSROADS. ¶
¶
BE IT RESOLVED BY THE BOARD
OF COMMISSIONERS OF FULTON
COUNTY, GEORGIA.¶
¶
Deleted: Board of Commissioners of
Fulton County
Deleted: Resolution
The Birmingham Crossroads is located at the intersection of Birmingham Highway,
Birmingham Road and Hickory Flat Road. The boundary of the Birmingham
Crossroads section of the Northwest Fulton Overlay (i.e. this article XII-H(2)) shall
include all parcels within the outlined area on the map below. The Birmingham
Crossroads section of the Northwest Fulton Overlay is 27.1 acres and contains the
historic mixed-use center of Birmingham and land surrounding it.
If standards are not specified in this Article, then standards of the Northwest Fulton
Overlay District (Article XII-H) shall apply. If standards are not specified in the
Northwest Fulton Overlay District, then the City of Milton Zoning Ordinance shall
apply.
Whenever provisions of this Article conflict with any other Article in the Zoning
Resolution of Fulton County or any other Fulton County ordinances, regulations, or
resolutions, these standards shall prevail.
12H(2).3. DESIGN REVIEW BOARD.
The City of Milton Design Review Board (Article XII-H) as set
forth in Section 12H.2 of the ordinance, shall review for approval all plans for
development in Birmingham Crossroads for compliance with the standards herein and
“the Birmingham Crossroads Guidelines” prior to the approval of a Land Disturbance
Permit, Building Permit, Primary Variance, and for both residential and non
residential structures for Demolition Permits.
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Deleted: Northwest Fulton Overlay
District
Comment [r1]: PC recommended to
delete “for approval"
Deleted: resolution
Deleted: ¶
Deleted: and shall make
recommendations to the Department of
Community Development
Deleted: or Primary Variance.
(PC recommended approval to keep “and shall make recommendations to the
Department of Community Development”)
12H(2).4. DEVELOPMENT STANDARDS.
A. Streets
Notwithstanding the provisions of the Fulton County Subdivision Regulations and
requirements of the City of Milton Transportation Engineer, existing and new streets
within the Birmingham Crossroads shall conform to the design standards and location
criteria set forth below. When these standards conflict with the Georgia State
Department of Transportation, the State’s standards may prevail.
The Birmingham Plan calls for the existing roads – Birmingham Highway,
Birmingham Road and Hickory Flat Road to promote village and pedestrian oriented
development by balancing the needs of pedestrians and automobiles.
1. Existing Roads-The existing roads, Birmingham Highway, Birmingham Road,
Hickory Flat Road, shall meet the following standards
a. Minimum Landscape Strip: 6 feet
b. Minimum Sidewalk width: 6 feet
c. Building setback: 10 feet maximum in the Village center and 20 feet
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maximum in the Rural Section.
d. On street parallel parking: 8 ft wide on county roads and bulb-out at the
intersections when possible on County roads
Internal Road Cross section
2. Internal Road System- Each quadrant shall have an internal road that will link
two existing roads. Curb cuts from existing roads shall be minimal. Instead
access to each quadrant shall be from an internal road. Internal roads shall
meet the following standards:
a. Travel lanes: 10 feet
b. Minimum Landscape Strip: 6 feet
c. Minimum Sidewalk width: 5 feet
d. Building setback: 0 to 10 feet maximum in the Village center and 20 feet
maximum in the Rural Section.
e. On street parallel parking: 7 ft wide
B. Landscaping
1. Specimen trees should be preserved to the extent possible. The
landscaping shall reflect the rural context. It should be simple, informal,
naturalistic in design and use native and naturalized vegetation.
2. Shade trees in the landscape strips shall be planted in asymmetrical
groupings at a minimum density of one tree per 30 feet of street frontage.
Trees shall be selected from the City of Milton Tree Preservation
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Ordinance and Administrative Guidelines. The Georgia Department of
Transportation may have some limitation on the planting of street trees
along Birmingham Hwy.
3. Street trees may be counted towards the required tree density for a site as
approved by the City of Milton Arborist.
4. Street trees shall be trimmed up 7 feet to not impede pedestrians.
5. Street lights and pedestrian lights may be placed in the landscape strip.
6. Landscape islands in parking lots shall meet standards in section 4.23. of
the Zoning Ordinance.
7. Street trees shall be a minimum of 4” caliper or as approved by the
City of Milton Arborist.
C. Sidewalks and Pedestrian Paths
1. Sidewalks or pedestrian paths are required along all public and private
road frontages and may meander around existing trees subject to the
approval of the Fulton County Arborist.
2. Pedestrian paths may be installed instead of sidewalks as approved by
the Manager of Community Development Department.
3. Sidewalks widths shall be a specified in section 12H(2).4. Pedestrian
paths shall be a minimum of 5 feet wide. They shall be made out of a
hard surface material such as concrete, brick or pavers. Paths may be
gravel or gravel dust as approved by the Community Development Manager.
4. Sidewalks for all new projects should connect with existing walks, where
applicable.
5. Paths from the sidewalk to the buildings, between buildings, and to
parking lots should be established with minimal interruption by vehicular
circulation, parking lots, and service areas.
6. Pedestrian paths shall be designed to minimize automobile and
pedestrian interaction.
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7. To the extent feasible, paths shall be designed to connect to existing or
future paths and to developments adjacent to the Crossroads.
8. Sidewalks and pedestrian paths shall be indicated on the site plan
submitted at the time of the application for a Land Disturbance Permit.
D. Street Furniture
1. The Birmingham Crossroads shall have consistent streetscape furniture,
including, but not limited to, benches, trash baskets, newspaper
dispensers.
2. If provided, street furniture shall be located outside of the minimum
sidewalk width of 5 ft.
3. The design of the streetscape furniture shall be timber form construction
as suggested in the Design Guidelines and is subject to approval of the
Manager based on a recommendation of the NW Fulton DRB.
4. Hardscape elements such as wider sidewalks plazas, street furniture such
as benches, fountains, tables and chairs, and trash receptacles may be
located in the required front yard and side yard setbacks.
E. Streetscape Lighting
1. A single style and color of light fixtures and poles should be used
throughout the Crossroads development. It shall be compatible with the
streetscape furniture.
2. The design of the streetscape lighting should have a galvanized metal
hood, with black pole, arm and brace as suggested in the Design
Guidelines. Lighting fixtures are subject to approval of the Manager
based on a recommendation of the NW Fulton DRB and per the approval
of the City of Milton Community Services Department.
3. All lighting should be fitted with cut-fixtures to prevent light spillover.
4. Pedestrian lighting shall be a maximum of 15 feet high. They should be
installed at 40 to 60 feet intervals along sidewalks with a maximum 2
foot candle power.
5. The lighting plan for sidewalks shall be included on the site plan
submitted at the time of application for a Land Disturbance Permit.
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6. All exterior lighting fixtures (luminaires) shall be either full cutoff or
cutoff type.
7. Light trespass (spill light) at a residential or nature preserve property line
shall not exceed 0.1 fc vertical at 3 feet above grade. Light trespass at
other property lines shall not exceed 0.5 fc vertical at 3 feet above grade.
8. Light levels in all areas may not exceed the recommended limits or
values established by the IESNA Handbook, 8th edition.
9. Externally illuminated signs must be illuminated from the top- shining
downwards, not exceeding 15 fc.
10. Up lighting of flags, steeples, monuments and buildings must use narrow
beam, shielded luminaries not to exceed 7 fc.
11. For drive-under canopies and pump islands, the average horizontal
luminance on the pavement shall not exceed 7 fc under the canopy. The
luminaire shall be recessed into the canopy ceiling so that the bottom of
the luminaire does not extend below the ceiling.
12. Full cutoff luminaries only shall be used for all service and security
lighting.
13. Sodium vapor luminaries (yellow light), promotional beacons, search
lights, laser source lights, strobe lights or any similar light, out-of-season
lighting (for example Christmas lights), series, lines or rows of lights,
flashing, changeable message or reader boards and lighting used for
causing sky glow to attract attention are prohibited.
14. Lighting allowed under state and federal law, outdoor luminaries existing
and legally installed prior to the effective date of this amendment,
emergency lighting by police, fire, ambulance and rescue, and light
sources for holiday decorations (but not outdoor seasonal sales) are
exempt from the provisions of this ordinance.
F. Screening
1. To the extent possible, items shall be screened by placement to the rear
of a building.
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2. Dumpsters shall be screened from view from adjacent roads, sidewalks
and paths. In addition, the dumpster shall be enclosed on three sides with
a masonry wall. The wall should be faced with brick or natural stone and
compatible with the adjacent architectural design, materials and colors.
The enclosure shall be a foot higher than what is contained in the
interior. To the extent possible, a common location for dumpsters should
be used.
3. Loading and other service areas shall be located to the rear of buildings
where least visible. Evergreen trees should be used to screen views of
service areas.
4. Parking lots, bumpers, wheels and paving shall be screened with
vegetation planted between 30-36 inches tall. Evergreen shrubs should
be used for low-level screening of parking lots, sidewalks. Berms
without landscaping are not an appropriate screening technique.
5. Rooftop and building mounted mechanical and electrical equipment shall
be screened from view by a parapet wall or roof screen. If on the ground,
equipment shall be screened with landscaping.
G. Fencing
1. Allowed fencing types and materials are: split rail, stacked stone wall or
brick columns with horizontal boards, picket (not off the shelf variety),
vegetative hedges, 3-4 horizontal board horizontal rail, horse wire ( no
climb 2” x 4”) and no climb wire (see examples and photos below).
Posts shall be no more than 6” taller than fence.
2. Horse wire (no climb 2” x 4”) and chain link fence around retention
areas must be clad in black vinyl.
3. Prohibited fencing materials are: unclad chain link, vinyl, PVC,
aluminum picket, and metal.
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H. Parking Lots
1. Parking lots shall be located behind and to the side of a building.
2. The amount of parking required by the City of Milton Zoning Ordinance
shall be reduced by 10%.
3. Parking lots shall be divided into small contained areas through the use
of perimeter landscaping and canopy trees. Parking lot landscaping shall
follow the standards of the Tree Ordinance.
4. Parking lots shall be surfaced with crushed gravel on appropriate base,
asphalt, concrete, or exposed aggregate. Pervious materials such as
gravel and grasscrete pavers (not bituminous paving) could be used and
particularly in areas that have parking spaces in excess of the minimum
amount required by the City of Milton.
5. Marked on-street parking shall be counted as part of the minimum
number of required parking spaces.
I. Open Space
1. A minimum of 10% of open space shall be set aside in each overall
development. This shall not include septic fields, detention facilities or
landscape islands. To the extent possible, the open space should be
clustered as one single open space.
2. Within land designated as Retail Services in the 2015 Land Use Map in
the Northeast and Southeast quadrants, land shall be set aside as a
“Village Green”. The size of the Village Green in each quadrant shall be
as set forth in the table below.
3. The Village Green shall be a simple lawn area canopy trees serviced by
sidewalks. There could be hardscape features such as plazas, benches,
lighting and other furniture to serve pedestrians. The park should be
designed to be an attractive day and evening setting for either individual
usage or special community events.
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J. Miscellaneous Provisions
1. Except as provided for in Article 19, the storage and/or sale of goods is
prohibited in parking lots and other areas outside of the interior or
permanently sheltered portions of a building.
2. LP tanks and ice machines are allowed outside provided they are
screened from view.
3. Storage of shopping carts is allowed on the side of buildings without a
permit.
4. Shopping carts shall be screened.
5. Hours of operations shall be from 6:30 a.m. to 11:00 p.m.
6. Free-standing fast food restaurants are prohibited. (Amended 10/06/04)
7. Except for one (1) lane for a drug store and two (2) lanes for a financial
institution, drive-thrus are prohibited. Drive-thrus shall be screened
from view from the public right-of-way subject to the approval of the
Manager based on a recommendation by the Northwest Fulton Design
Review Board and the City of Milton Arborist. (Added 10/06/04)
8. Drive-ins/ups are prohibited. (Added 10/06/04)
12H(2).5. BUILDING SETBACK AND DESIGN.
All nonresidential standards apply to existing and new structures, used for
nonresidential purposes, within the area defined as the Birmingham Crossroads.
Buildings should be designed in conformance with traditional historic building
placement and massing. Buildings may be executed using historic styles, or may be
new and innovative interpretations of local architectural traditions. Details must be
simple and concise, erring on the side of austerity. Avoid nostalgia and excess
ornamentation, and strive for direct and bold expression.
Building designs area categorized as “Village center” or “Rural section” depending on
their location within the Birmingham Crossroads. Village center buildings are to be
located along the existing roads and within 400 feet of the intersection of Birmingham
Highway, Birmingham Road and Hickory Flat Road. Rural section buildings are to be
located beyond 400 feet of this intersection. The location of both is indicated in the
map below. Village center buildings shall be placed at the property frontage. The most
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prominent aspect design aspect is the street façade. Rural buildings are placed away
from the core line forming a more casual transition to the “Countryside”.
A. Building setback
1. Village center buildings shall be set back 10 feet maximum from existing
roads and/or internal roads and drives. (Amended 11/03/04).
2. Rural section buildings shall be set back 20 feet maximum from the
property line.
3. Village core buildings shall be located at least 75 feet from the overall
development boundaries.
B. Building Design
1. Buildings at the Village center shall have village/main street
characteristics (as shown in drawings a & b below). Buildings in the
rural section of the crossroads should have an informal rural design (as
shown in drawings d & c).
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2. Buildings shall have a variety in their size, massing, height (including
two-story buildings) and detailing. Visual interest shall be achieved
through the use of at least one of the following architectural element:
balcony, porch, marquee, or façade off-sets.
3. Buildings shall be oriented to sidewalk and street.
4. Primary building entrances shall face the sidewalk and street. Secondary
entrances may be located on side and rear elevations.
5. Building facades facing a right of way shall have buildings wall offsets,
including projections and recesses, every 40 feet to provide architectural
and visual interest and variety.
6. Trim, fenestration, materials and composition shall be present on all
sides. The facades of buildings in the Village Core may be more
pronounced by the incorporation of architectural elements than other
elevations.
7. The building materials applied to the front façade shall continue in the
same proportion on all exterior elevations.
8. Allowed exterior wall materials are: horizontal lap siding, board and
batten, wood shingle, wood mould brick, and stone. Metal shingle,
corrugated or 5-v metal are allowed for agricultural style buildings in the
rural section. Avoid novelty shapes on shingles. Clapboard must be
wood or cementitious. Board and batten must be wood or cementitious
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9. Prohibited exterior materials are: synthetic stone, concrete stone veneer,
stucco and exterior insulation finish material, vinyl and metal siding.
Prohibited trim materials are: Howe casings, manufactured dentils,
standard brick mould.
10. Allowed foundation materials are stacked stone, cut stone and brick.
Rural foundation materials can be poured concrete finished with smooth
stucco, brick, or stacked stone. Foundations may be formed out of
poured concrete or concrete masonry units.
11. Porches shall have stone, brick or masonry piers. Concrete masonry units
shall be finished in smooth stucco on masonry or concrete formed of
horizontal wooden boards.
12. Windows:
a. Windows that open to the interior shall be included on elevations
facing a sidewalk or street. Windows in the front façade shall be
predominantly vertical in orientation.
b. Windows shall be present on side elevations. Village core
buildings can have minimal windows on the sides and rear of the
building.
c. For Village Core Buildings windows or glass storefronts are
required on elevations facing a street. Storefront windows (large
windows located on the façade with the main entrance) shall
comprise a maximum of 50% of the façade width.
d. The size of any individual plate glass panel for store front
windows is limited to 32 square feet. Panels may be grouped
together with heavy mulls separating the panels. Glass
storefronts must be a minimum 9’0” in height.
e. Storefronts on the street frontage may be built with entryways
recessed from the sidewalk, but not exceeding 50% of the façade
width.
f. Facades with a storefront shall have a contrasting masonry base
1-6” to 2’ feet in height.
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g. Windows not located on the façade must be true divided lite (real
muntins, or TDL), simulated divided lite (glass sandwiched
between glass, or single divided lights-SDL). They may be
wood, clad wood, or polymer and must be paint grade. Industrial
metal sash is acceptable (not to be used on residential doublehung
type windows).
h. Tinted and reflective glass, GBGs (grill between glass), reflective
glazing, and pop in grilles are prohibited.
13. Shutters may be solid core polymers, or durable hardwoods. Vinyl, nailon,
false wood graining and pre-finished shutters are prohibited.
14. Village Core doors can be wood or a combination of wood and glass.
15. Rural section doors shall be wood.
16. Garage doors must be utilitarian in character and may be wood or metal
17. Plastic laminated, standard 6 panels stamped metal, and leaded/beveled
glass lights are prohibited. Standard garage paneled doors are prohibited.
Avoid faux strap hinges, and embellishments.
18. Chimneys stacks must be faced in masonry material. Sheet goods
including hardboard stucco and siding are prohibited on chimneys.
Metal stacks are acceptable.
19. Porches are encouraged throughout the Birmingham Crossroads. Village
Core buildings are encouraged to have a 1 or 2 story porch on the street
frontages or a marquee on the first story. Rural buildings are encouraged
to have front porches that span at least 75% of the façade.
20. Porch columns must be wood, resin material, cast iron, brick, stone or
masonry. Allowed columns types are Greek Doric, fluted or plain. Full 2
story and sheet metal columns are prohibited.
21. Railing systems shall be painted wood or metal. Railings must be simple,
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round, plain or tapered.
22. Synthetic and pre-fabricated railing systems, classical balusters and
spindle-work, synthetic composition decking material are prohibited.
23. There shall be no pitch requirement for a roof. Village core buildings
must have low pitched roofs or must have flat roofs surrounded by
parapet walls that screen mechanical units. Rural buildings must be
pitched.
24. Allows roofing materials are: wood shingles, wood shakes, standing
seam metal, corrugated metal, 5-V paint grip galvanized metal or slate.
Flat roofs may be membranes if not visible from the right-of-way. Prefinished
metal roofs are prohibited.
25. Vents and stacks shall be painted and hidden from view to the greatest
extent possible.
C. Colors
All buildings shall meet these color standards. Earth tone and off-white colors
are encouraged. All exterior building materials, architectural and decorative
elements and sign structure colors must be selected from the list provided. Brick
should be wood mould in the brown to Georgia red clay range. Mortar colors
range from river sand to native clay. Non-historic brick textures and colors such
as pink brick, salt and pepper effects are prohibited.
The numbers refer to Pantone Matching System, an international color matching
system. All shades of whites and off whites shall be allowed.
Permitted Colors
Base Colors - Primary Building material
Pantone Colors
Accent Colors - allowed for decorative
elements, roof, accents, and sign
structure
Pantone Colors
120C
1205C
160C
1815C
2915
400C
406C
404C
410C
413C
420C
466 C&U
4645U
468C&U
4685C
4715C
482U
483C
490C
5455C
5477C
1807C
2C-7C
289C
316C
401-405C
407-412C
412C
415-419C
423C
424-425C
448-450C
4975
553
5363
539
548
5467
5743U
5747U
5757U
5773U
5815U
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Permitted Colors
Base Colors - Primary Building material
Pantone Colors
Accent Colors - allowed for decorative
elements, roof, accents, and sign
structure
Pantone Colors
421-422C
435C
4495C
450C
452C
4525C
4535C
4535U
4545C
454C
4545C
549U
5773C
5787U
5793U
5803U
5807U
5855U
5875U
607
608
623U
726
Warm Grey 1-4
4485U
4495C
451C
4505C
4515-4525C
455C
462U
464U
476U
478U
484C
491C
5835U
625U
627U
Warm Grey 5-7C
Warm Grey 8-11
12H(2).6. EXISTING HISTORIC STRUCTURES (as identified in the 1996 Historic Resources
Survey).
A. Alterations and additions shall be consistent and reinforce the historic architectural character
of the entire structure and shall comply with the standards herein.
B. New additions and exterior alterations shall not destroy historic materials that characterize the
property. The new work may be differentiated from the old. To protect historic integrity, any
new work shall be compatible with the massing, size, scale and architectural features of the
property.
C. The removal of distinctive materials or alteration of features that characterize a structure shall
be avoided.
D. Where the severity of deterioration requires replacement of a distinctive feature, the new
feature shall match the old in design.
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Deleted: ¶
ADOPTED BY THE CITY OF MILTON MAYOR & CITY COUNCIL ON
DECEMBER 21, 2006
AMENDED NOVEMBER 15, 2007
ARTICLE XII
SECTION 12A
OVERLAY DISTRICT AUTHORITY
12A.1.1. DECLARATION OF PURPOSE, SCOPE, INTENT AND PUBLIC POLICY.
The City of Milton Mayor and City Council finds that as a matter of public policy
that the aesthetic, economic and functional qualities are worthy of enhancement and
preservation and are essential to the promotion of the health, prosperity, safety and
general welfare of the existing and future residents of the City of Milton. Therefore,
the Mayor and City Council shall appoint a design review board. The purpose of
said design review board and overlay district regulations shall be:
1. To foster civic pride.
2. To promote attention to accepted design principles in areas of new
development and redevelopment.
3. To raise the level of community understanding and expectation for quality in
the built environment.
4. To ensure that development is consistent with the Comprehensive Plan and
Overlays.
5. To provide for the designation, protection, rehabilitation and redevelopment
of properties within overlay districts and to participate in federal and state
programs designed to do the same.
6. To protect and enhance local aesthetic and functional qualities and to
stimulate business.
7. To enhance the opportunities for federal, state and local tax benefits under
relevant federal, state and local laws.
The City of Milton Mayor and City Council further finds that the timely exercise of
judgment in the public interest by a public body of proposed new development or
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redevelopment is desirable. Accordingly, the public policy objectives of this
Ordinance are to guide certain aspects of development, such as:
1. The spatial relationships of structures and open spaces to each other, and
2. The appearance of buildings and open spaces as they contribute to the
attractiveness, function, economy and character of an area.
Planning area design standards are intended to be uniformly applied to evaluate the
appropriateness of proposed changes to an overlay district in order to:
1. Protect and enhance the visual qualities and character of the district,
2. Provide guidance to design professionals, property and business owners
undertaking construction in the district,
3. Recommend appropriate design approaches, and
4. Provide an objective basis for review, assuring consistency and fairness.
12A.2.1. DEFINITIONS.
Words not defined herein shall be construed to have the meaning given in Article III
of The City of Milton Zoning Ordinance, or, by Webster's Ninth New Collegiate
Dictionary. The words "shall" and "must" are mandatory, and the words "may" and
"should" are permissive. As used in this Ordinance, the following terms shall be
defined as follows:
Appearance: The outward aspect that is visible to the public.
Appropriate: Fitting to the context of a site, neighborhood or community.
Architectural Concept: The basic aesthetic idea of a structure, or group of structures,
including the site, signs, buildings and landscape development that produces the
architectural character.
Architectural Feature: A significant element of a structure or site.
Attractive. Having qualities that arouse satisfaction and pleasure in numerous, but
not necessarily all, observers.
Building. A building is a structure created to shelter any form of human activity,
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including but not limited to, a house, store, barn, church, hotel.
Certificate of Endorsement (COE). A document evidencing support of a material
change in the appearance of a property located within an overlay district by the
person or board designated within an overlay district.
Cohesiveness. Unity of composition among elements of a structure or among
structures, and their landscape development.
Compatibility. Harmony in appearance of architectural features in the same vicinity.
Design Review Board (DRB). A panel which, when appointed by the City of Milton
Mayor and City Council, consists of seven (7) members appointed to consider
applications within a specific overlay district.
Designation or Designated. A decision by the City of Milton Mayor and City
Council, wherein a property or district is declared an overlay district.
External Design Feature. The general arrangement of any portion of structures or
landscaping, including the type, and texture of the materials, the type of roof,
windows, doors, lights, signs, and fixtures of portions which are open to the public
view.
Exterior Architectural Features. The architectural style, general design and general
arrangement of the exterior of a structure and site, including but not limited to the
kind or texture of the building material and the type and style of all windows, doors,
signs, facade, landscaping and other architectural fixtures, features, details, or
elements relative thereto.
Geographic Area. Land area subject to overlay district regulations.
Harmony. A quality that represents an attractive arrangement of parts, as in an
arrangement of various architectural elements.
Landscape. Plant materials, topography and other physical elements combined in
relation to one another and to structures including pavement.
Logic of Design. Widely accepted principles and criteria in the solution of design
problems.
Material Change in Appearance. A change in a structure or a parking lot within an
overlay district that exceeds ordinary maintenance or repair (defined below), and
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requires either a sign permit, building permit or land disturbance permit such as, but
not limited to:
1. The erection, alteration, restoration, addition or removal of any structure
(including signs) or parking lot;
2. Relocation of a sign or building;
3. Commencement of excavation; or
4. A change in the location of advertising visible from the public right-of-way.
Ordinary Maintenance or Repair. EXEMPT from inclusion in "Material Change in
Appearance" defined above. Ordinary maintenance or repair of any exterior of any
structure, parking lot or sign in or on an overlay district property to correct
deterioration, decay or damage, or to sustain the existing form, and that does not
involve a material change in outer design, material, or appearance thereof. Painting,
reroofing, resurfacing, replacement of a broken sign face and other similar types of
ordinary maintenance shall be deemed ordinary maintenance and repair.
Overlay District. A geographically definable area, possessing a significant
concentration or linkage of sites, buildings, structures, objects or landscapes,
including the adjacent area necessary for the proper treatment thereof, united by plan
and/or physical development. An overlay district shall further mean an area
designated by the City of Milton Mayor and City Council as such.
Overlay Property. An individual site, structure, object or landscape, including the
adjacent area necessary for the proper continuity thereof, contained within an overlay
district.
Proportion. Balanced relationship of parts of a building, signs and other structures,
and landscape to each other and to the whole.
Scale. Proportional relationships of the size of parts to one another and to humans.
Street Hardware. Objects other than buildings that are part of the streetscape.
Examples are: street light fixtures, utility poles, traffic lights and their fixtures,
benches, litter containers, planting containers, fire hydrants, etc.
Streetscape. The appearance and organization along a street of buildings, paving,
plantings, street hardware and miscellaneous structures.
MILTON ZONING ORDINANCE
12A-4
RZ08-07 – Text Amendment 5/27/08
12A.3. CERTIFICATES OF ENDORSEMENT.
12A.3.1. APPROVAL OF ALTERATIONS OR NEW CONSTRUCTION. Applicants for
a City of Milton land disturbance permit, demolition permit or building permit shall
obtain a Certificate of Endorsement (COE) for applicable properties.
12A.3.2. GUIDELINES AND CRITERIA FOR CERTIFICATES OF ENDORSEMENT.
Issuance of Certificates of Endorsement (COE) shall be based on the criteria of the
Zoning Ordinance of the City of Milton along with other criteria adopted by the City
of Milton Mayor and City Council.
12A.3.3. SUBMISSION OF PLANS. An application for a COE shall be accompanied by
such drawings, photographs, material samples or plans as may be required pursuant
to the overlay district provisions.
12A.3.4. INTERIOR ALTERATIONS. Review of applications for endorsement shall not
consider interiors or exterior features which are not visible from a public street.
12A.3.5. ISSUANCE OF A CERTIFICATE OF ENDORSEMENT.
A. A COE may be issued when the proposed material change(s) in the
appearance or arrangement of the elements of the project is consistent with
the overlay district provisions.
B. A copy of each final COE shall be maintained in the Community
Development Department.
12A.3.6. EXCEPTIONS. When, by reason of unusual circumstances, the strict application of
any provision of this Article would result in the exceptional practical difficulty or
undue hardship due to the circumstances unique to the particular property in
question, the Board of Zoning Appeals, in passing upon applications, shall consider
and issue exceptions to said provisions so as to relieve such difficulty or hardship
provided such exceptions shall remain in harmony with the general purpose and
intent of said provisions, so that the integrity or character of the property, shall be
conserved and substantial justice done. A hardship shall not qualify as an undue
hardship if it is of a person’s own making.
In granting such exceptions, the Board of Zoning Appeals may impose such
reasonable and additional stipulations and conditions as will, in its judgment, best
fulfill the purpose of this Article.
MILTON ZONING ORDINANCE
12A-5
RZ08-07 – Text Amendment 5/27/08
12A.3.7. APPEALS. Appeals are to the Board of Zoning Appeals. Any appeal of a decision
of the Board of Zoning Appeals is to Fulton County Superior Court in accordance
with Article XX.
12A.3.8. DEADLINE FOR CONSIDERATION OF APPLICATION FOR COE. The
DRB shall consider a completed application for a COE within 90 days after the filing
thereof by the owner or occupant of an overlay district property. If the application
has not been acted upon within 90 days, and the application shall be considered to be
approved as submitted.
12A.3.9. RELATIONSHIP OF THIS ARTICLE TO OTHER ZONING PROVISIONS.
The adoption of a Ordinance designating an overlay district, is an amendment to the
existing Zoning Ordinance. Designation of a zoning overlay district and shall be
shown as such on the Official Zoning Maps of the City of Milton, Georgia.
12A.4. MAINTENANCE OF PROPERTIES, BUILDING CODE AND ZONING
PROVISIONS
12A.4.1. ORDINARY MAINTENANCE OR REPAIR. Ordinary maintenance or repair of
any exterior feature visible from a public street in or on an overlay district property
to correct deterioration, decay or damage, or to sustain the existing form, and that
does not involve a material change in design, material, or outer appearance thereof,
does not require a building, sign, or land disturbance permit.
12A.4.2. FAILURE TO PROVIDE ORDINARY MAINTENANCE OR REPAIR. The
owner or owners, or the owner's agent, of each designated overlay district property or
site, shall keep in good repair all of the exterior portions of such property and site
and all interior portions thereof which, if not maintained, may cause or tend to cause
the exterior portion of such property or site to deteriorate, decay or become damaged
or otherwise to fall into a state of disrepair. The Director of Community
Development shall be responsible for the enforcement of the ordinary maintenance or
repair provisions contained within this section.
12A.4.3. AFFIRMATION OF EXISTING BUILDING CODES AND ZONING. Nothing
in this Ordinance shall be construed to exempt property and business owners from
complying with other existing City regulations whenever this Article does not apply.
This Ordinance is an amendment to the Zoning Ordinance and all other provisions
of the Zoning Ordinance shall remain in effect unless provisions in the overlay
district conflict with other provisions of the Zoning Ordinance, in which case, the
stricter provisions of the overlay district shall apply.
MILTON ZONING ORDINANCE
12A-6
RZ08-07 – Text Amendment 5/27/08
12A.5. INTERPRETATION, VIOLATIONS, ENFORCEMENT AND PENALTY
PROVISIONS
12A.5.1. VIOLATIONS. This Article shall be governed by Article XXIX, Section 29.1 of
this Ordinance.
12A.5.2. ENFORCEMENT. This Article shall be governed by Section 26.3 of this
Ordinance.
12A.5.3. PENALTY. Violation of this Ordinance shall be punished as provided for by
Section § 21-1-8 of the Fulton County Code.
12A.5.4. SEVERABILITY. In the event that any section, subsection, sentence, clause or
phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional,
such adjudication shall in no manner affect the other sections, subsections, sentences,
clauses or phrases of this Article which shall remain in full force and effect, as if the
section, subsection, sentence, clause, or phrase so declared or adjudged invalid or
unconstitutional were not originally a part thereof.
12A.5.5. CONFLICTS. If the provisions of this Article conflict with this Ordinance, or other
ordinances, Ordinances or regulations, the provisions of this Article shall govern or
prevail to the extent of the conflict.
12A.5.6. INTERPRETATION. This Article shall be governed by Section 26.1 of this
Ordinance.
MILTON ZONING ORDINANCE
12A-7
RZ08-07 – Text Amendment 5/27/08
PETITION NUMBER(S):
ZM08-03
Canine Assistants
PROPERTY INFORMATION
ADDRESS 3160 Francis Road
DISTRICT, LAND LOT 2/2, 610 611
OVERLAY DISTRICT NW Overlay
EXISTING ZONING AG-1 Agricultural
EXISTING USE Canine Assistants – U07-007/VC07-012
PROPOSED USE Canine Assistants
PETITIONER Jennifer Arnold
ADDRESS 3160 Francis Road Milton, GA 30004
PHONE 770-664-7178
APPLICANT’S REQUEST:
1) To modify Condition 2.a. of U07-007, to modify the site plan.
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM08-03 - APPROVAL CONDITIONAL
Prepared by the Community Development Department for the
Mayor and City Council Meeting on May 19, 2008
5/28/2008 Page 1 of 12
ZM08-02
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on May 19, 2008
5/28/2008 Page 2 of 12
ZM08-02
REVISED SITE PLAN SUBMITTED 05/05/08
Prepared by the Community Development Department for the
Mayor and City Council Meeting on May 19, 2008
5/28/2008 Page 3 of 12
ZM08-02
SITE PLAN SUBMITTED 1/17/08
5/28/2008
ZM08-02
Prepared by the Community Development Department for the
Mayor and City Council Meeting on May 19, 2008
Page 4 of 12
Condition to by modified:
1) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Milton Community Development
Department on January 17, 2008. Said site plan is conceptual only and must
meet or exceed the requirements of the Zoning Ordinance, City of Milton
Subdivision Regulations and these conditions prior to the approval of a Land
Disturbance Permit. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the first Certificate of
Occupancy.
Analysis and Recommendation
The subject site is located on the north side of Francis Road and is zoned AG-1
(Agricultural) with an approved Use Permit for Agricultural Related Activities approved by
the Mayor and City Council on January 24, 2008.
The applicant conducted Level 3 soil testing for the new septic system of the approved
new building near the west property line. The soils did not meet the percolation tests.
Based on the results of that study, the proposed new building’s location needs to be
modified by moving it approximately 85 feet at the building’s southern most point toward
Francis Road (south). The proposed location remains outside of the 100-foot building
setback as required by the Use Permit. In addition, the shape of the building has changed
from “boxy” to “rectangular” in shape. The proposed total square footage remains the
same as approved by the Mayor and City Council for U07-007.
The location of the parking has shifted to the west away from the adjacent single family
residences and closer to the existing buildings utilized on the site. It is Staff’s opinion that
this is a more optimal placement of the parking.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on May 19, 2008
5/28/2008 Page 5 of 12
ZM08-02
Tree Locations
CITY ARBORIST COMMENTS
Small rectangular site has 2 specimen pine trees…29” and 26”. The initial site plan would
have definitely removed the two trees. The new plan will have one removed and the
other approximately 20-25ft from the footprint of the proposed building. Recompense is
required for the 26”. An attempt to preserve the 29” must be made by shifting the
building if possible and having a tree management company provide any work
recommended prior to construction.
Regarding the adjacent properties to the west, Lot# 1 was densely vegetated from about
the center of lot to the rear prior to having almost all vegetation cleared from that area.
Lot #2 still has dense vegetation and has done selective removals. Lot #3 has done some
minor removals.
The 75’ buffer adjacent to these properties has about 25’ of existing plant material with
little room for additional plantings within this 25ft. The remaining 50ft has been cleared
and graveled to use for parking. Most of this area is void of vegetation.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on May 19, 2008
5/28/2008 Page 6 of 12
ZM08-02
LOCATION OF TREES BASED ON NEW LOCATION
Prepared by the Community Development Department for the
Mayor and City Council Meeting on May 19, 2008
5/28/2008 Page 7 of 12
ZM08-02
Tree #1
Tree #2
5/28/2008
ZM08-02
Prepared by the Community Development Department for the
Mayor and City Council Meeting on May 19, 2008
Page 8 of 12
Due to building location change, the applicant is seeking to revise the site plan approved
pursuant to U07-007/VC07-013 and is therefore requesting a modification of zoning
condition 2.a. The proposed revision of the site plan will not result in an increase in density
for the overall development. Staff is of the opinion that the applicant’s request is in
harmony with the development approved by the Mayor and City Council, as well as with
the general purpose and intent of the Zoning Ordinance. Therefore, Staff recommends
APPROVAL CONDITIONAL of the proposed modification of zoning condition 2.a.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on May 19, 2008
5/28/2008 Page 9 of 12
ZM08-02
CONCLUSION:
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (U07-007/VC07-013) should be revised to read as follows:
2. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Community Development
Department on May 5, 2008. Said site plan is conceptual only and must meet
or exceed the requirements of the Zoning Ordinance, City of Milton
Subdivision Regulations and these conditions prior to the approval of a Land
Disturbance Permit. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the first Certificate of
Occupancy.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on May 19, 2008
5/28/2008 Page 10 of 12
ZM08-02
Prepared by the Community Development Department for the
Mayor and City Council Meeting on May 19, 2008
5/28/2008 Page 11 of 12
ZM08-02
Prepared by the Community Development Department for the
Mayor and City Council Meeting on May 19, 2008
5/28/2008 Page 12 of 12
ZM08-02
PETITION NUMBER(S):
ZM08-04
Stonewalk at Windward
PROPERTY INFORMATION
ADDRESS 5304 Windward Parkway
DISTRICT, LAND LOT 2/2, 1120
OVERLAY DISTRICT State Route 9
EXISTING ZONING C-1 Community Business (96Z-127 NFC)
EXISTING USE Restaurant to be demolished
PROPOSED USE Restaurant and retail shopping
PETITIONER Real Development LCC, Robert Forrest
ADDRESS 2440 Old Milton Parkway Suite 200 Alpharetta, GA 30004
PHONE 404-514-8575
APPLICANT’S REQUEST:
1) To modify Condition 2.a. of (96Z-127 NFC), to modify the site plan.
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM08-04 - APPROVAL CONDITIONAL
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 16, 2008
5/28/2008 Page 1 of 8
ZM08-04
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 16, 2008
5/28/2008 Page 2 of 8
ZM08-04
REVISED SITE PLAN RECEIVED ON 05/08/08
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 16, 2008
5/28/2008 Page 3 of 8
ZM08-04
SITE PLAN APPROVED 11/5/06
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 16, 2008
5/28/2008 Page 4 of 8
ZM08-04
Condition to by modified:
2. To the owner’s agreement to abide by the following:
a. To the site plan received by the Department of Environment and Community
Development November 5, 1996. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Resolution and these
conditions prior to the approval of a Land Disturbance Permit. Unless
otherwise noted herein, compliance with all conditions shall be in place prior
to the issuance of the first Certificate of Occupancy.
Analysis and Recommendation
The subject site is located at 5304 Windward Parkway (north side of Windward Parkway).
The site is zoned C-1 (Community Business) and is approved for the development of
262,500 square feet of retail, service commercial, office and accessory uses at a density
of 11,625 square feet per acre, pursuant to 96Z-127 NFC. The applicant’s submitted site
plan shows a total of 61, 375 square feet. The total amount of developed area and the
proposed development does not exceed the approved total square footage and density
approved pursuant to 96Z-126 NFC. The proposed building is one story in height although
the approved zoning allows two stories.
The applicant was given permission at the May 6, 2008 City of Milton Design Review Board
to demolish the existing building that was previously used as a restaurant.
Staff notes that although the property is located within the City of Milton, Windward
Parkway and its right-of-way belong to the City of Alpharetta. The proposed site plan
does not propose any additional curb cuts but utilizes the existing curb cuts of the
development. The subject site utilizes an off-site Stormwater detention facility.
The site plan is not compliant with the required 10-foot landscape island for every 6th
space and at the end of each parking bay. The Zoning ordinance requires a total of 50
parking spaces for the restaurant (5,000 square feet) and 60 parking spaces for the retail
(12,097 square feet) for a total of 110 spaces. The site plan indicates a total of 113 parking
spaces. When the land disturbance permit is reviewed, the applicant must be compliant
with the landscaping island requirements as cited above.
The Community Development Director has the ability to reduce the total number of
parking spaces by 10 percent or 11 spaces if the applicant requests this reduction so that
the required landscaping can be met.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 16, 2008
5/28/2008 Page 5 of 8
ZM08-04
City Arborist
The subject site does not have any specimen trees on the site. The applicant intends to
preserve landscape island trees and trees within the front landscape strip to the extent
possible. The State Route 9 Overlay district requires a 20-foot landscape strip along
Windward Parkway but the plan indicates a 30-foot landscape strip.
Due to the change in the building configuration and height that have been made in
regard to the overall development, the applicant is seeking to revise the site plan
approved pursuant to 96Z-127 NFC and is therefore requesting a modification of zoning
condition 2.a. The proposed revision of the site plan will not result in an increase in density
for the overall development. Staff is of the opinion that the applicant’s request is in
harmony if compliant with existing regulations with the development approved by the
Board of Commissioners pursuant to 96Z-127 NFC, as well as with the general purpose and
intent of the Zoning Ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL of
the proposed modification of zoning condition 2.a.
CONCLUSION:
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (ZM08-04) should be revised to read as follows:
2. To the owner’s agreement to abide by the following:
a. To the site plan received by the Community Development Department on
May 8, 2008. Said site plan is conceptual only and must meet or exceed
the requirements of the Zoning Ordinance and these conditions prior to the
approval of a Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the issuance of the
first Certificate of Occupancy. (ZM08-04)
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 16, 2008
5/28/2008 Page 6 of 8
ZM08-04
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 16, 2008
5/28/2008 Page 7 of 8
ZM08-04
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 16, 2008
5/28/2008 Page 8 of 8
ZM08-04
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF MILTON,
GEORGIA, HEALTH AND PUBLIC SAFETY ORDINANCE, CHAPTER 15,
ARTICLE 2, AS IT PERTAINS TO THE REGULATIONS INVOLVING
FIREARMS AND COMPONENTS OF FIREARMS
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in
regular session on the ____ day of June, 2008 at 6:00 p.m. as follows:
WHEREAS, the Constitution of the State of Georgia, approved by the voters of
the State in November, 1982, and effective July 1, 1983, in Article IX, Section II,
Paragraph II thereof, and general state law, codified at O.C.G.A. § 36-35-3, provide that
the city council of the city may adopt clearly reasonable ordinances to govern its affairs;
and
WHEREAS, the city council of the City of Milton adopted and approved the
amended Health and Public Safety ordinance (the “Ordinance”) on March 17, 2008; and
WHEREAS, said Ordinance, among other things, regulates the possession of
firearms and ammunition during an emergency; and
WHEREAS, O.C.G.A. § 16-11-173(b)(1) expressly preempts counties and cities
from regulating the possession of firearms or components of firearms; and
WHEREAS, a recent decision by the Georgia Court of Appeals in Guncarry.Org,
Inc. v. Coweta County, Georgia, 288 Ga.App. 748, 655 S.E.2d 346, affirms the state’s
right to expressly preempt local ordinances pertaining to the possession of firearms or
components of firearms; and
1
WHEREAS, the city council feels it is prudent to amend Chapter 15, Article 2,
Section 5 in light of threatened litigation, without agreeing or assuming that the above-
referenced authorities govern the Ordinance;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON
HEREBY ORDAINS that section 5 of Article 2, Chapter 15 of the Code of the City of
Milton is hereby amended to read as follows:
(g)to prohibit or regulate the possession, sale or use of
explosives, gasoline or other flammable liquids, or
dangerous weapons of any kind, excluding firearms or
components of firearms; and
EFFECTIVE DATE
This ordinance shall become effective upon adoption and approval by the City
Council of the City of Milton, Georgia.
SEVERABILITY
Should any section or provision of this ordinance be declared by a court of
competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the
validity of the ordinance as a whole nor any part thereof other than the part so declared to
be invalid or unconstitutional. All ordinances or resolutions, or parts thereof, in conflict
with this ordinance are repealed.
ADOPTED by the City Council of the City of Milton, Georgia, this _____
day of ________________, 2008.
JOE LOCKWOOD
Mayor & Presiding Officer
City Council
City of Milton, Georgia
2
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF MILTON,
GEORGIA, HEALTH AND PUBLIC SAFETY ORDINANCE, CHAPTER 15,
ARTICLE 2, AS IT PERTAINS TO THE REGULATIONS INVOLVING
FIREARMS AND COMPONENTS OF FIREARMS
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in
regular session on the ____ day of June, 2008 at 6:00 p.m. as follows:
WHEREAS, the Constitution of the State of Georgia, approved by the
voters of the State in November, 1982, and effective July 1, 1983, in
Article IX, Section II, Paragraph II thereof, and general state law, codified
at O.C.G.A. § 36-35-3, provide that the city council of the city may adopt
clearly reasonable ordinances to govern its affairs; and
WHEREAS, the city council of the City of Milton adopted and approved
the amended Health and Public Safety ordinance (the “Ordinance”) on
March 17, 2008; and
WHEREAS, said Ordinance, among other things, regulates the possession
of firearms and ammunition during an emergency; and
WHEREAS, O.C.G.A. § 16-11-173(b)(1) expressly preempts counties
and cities from regulating the possession of firearms or components of
firearms; and
WHEREAS, a recent decision by the Georgia Court of Appeals in
Guncarry.Org, Inc. v. Coweta County, Georgia, 288 Ga.App. 748, 655
S.E.2d 346, affirms the state’s right to expressly preempt local ordinances
pertaining to the possession of firearms or components of firearms; and
WHEREAS, the city council feels it is prudent to amend Chapter 15,
Article 2, Section 5 in light of threatened litigation, without agreeing or
assuming that the above-referenced authorities govern the Ordinance; and
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON
HEREBY ORDAINS that Chapter 15 of the Code of the City of Milton is hereby
adopted and approved to read as follows:
1
Chapter 15: Health and Public Safety
Article 1: Overall Purpose
The purpose of this chapter is to provide for the health and safety of the citizens
of the City of Milton.
Article 2: Emergency Management Services
Section 1: Purpose
The purposes of this section are to:
(a)Reduce vulnerability of people and the community to damage, injury and
loss of life
and property resulting from natural or manmade catastrophes, riots or hostile
military or paramilitary action.
(b) Prepare for prompt and efficient rescue, care and treatment of persons
victimized or threatened by disaster.
(c) Provide a setting conducive to the rapid and orderly start of restoration and
rehabilitation of persons and property affected by disasters.
(d) Clarify and strengthen the roles of the mayor, city council, city administrator
and city departments in prevention of, preparation for, response to and recovery
from disasters.
(e) Authorize and provide for cooperation of activities relating to disaster
prevention, preparedness, response and recovery.
(f) Authorize and provide for coordination of activities relating to disaster
prevention, preparedness, response and recovery by departments and officers of the
city, agencies of the private sector and similar activities in which the federal
government, the state and its political subdivisions may participate.
(g) Provide a disaster management system embodying all aspects of pre-disaster
preparedness and post-disaster response.
Section 2: Emergency Defined.
As used in this Article, “ emergency” shall mean the actual or threatened existence
of conditions of disaster or of extreme peril to the safety of persons and property within
the city caused by such conditions as air pollution, disease, fire, flood, storm, epidemic,
riot, or earthquake, or other conditions, including conditions resulting from war or the
imminent threat of war. Such term shall not include conditions resulting from a labor
controversy, which conditions are, or are likely to be, beyond the control of the services,
2
personnel, equipment, and facilities of the city, requiring the combined forces of other
political subdivisions to combat.
Section 3: Director of Emergency Management Services.
The office of the director of emergency management services is hereby created.
The mayor, with the consent of the city council, shall nominate for appointment by the
governor, a director, whose duties, upon appointment, shall be as follows:
(a) to represent the mayor on all matters pertaining to emergency management;
(b) to coordinate the development of community-wide emergency preparedness;
(c) to develop an emergency and disaster operations plan for effective
mobilization of all the resources of the city, both private and public;
(d) to prepare and recommend for approval by the city council mutual aid
programs and agreements between other local governments and the city;
(e) to prepare and effectuate legal action for continuity of government in the
event of emergency;
(f) to coordinate and advise government departments in development and
implementation of the emergency and disaster operations plan and other required
agencies or groups;
(g) during periods of emergency to obtain vital supplies and equipment lacking,
needed for the protection of life and property of people and bind the city for the
value thereof and if required immediately, requisition same.
(h) to procure federal and state assistance through emergency management
channels and through federal assistance programs in such areas as law
enforcement, highway safety, ambulance procurement, or emergency medical
services and others.
In addition to the above duties, the director of emergency management services
shall be responsible during an emergency to advise the mayor in operational
situations, public information and privileged information implementation of the
emergency plan, to direct and coordinate the activities of the emergency operation
center staff, and to assist the mayor in assuring the execution of operations plans
and procedures required by the emergency.
Section 4: Disaster Plan.
The director shall prepare a comprehensive disaster basic plan which shall be
adopted and maintained by resolution of the council upon the recommendations of the
director. Incorporated into such plan and expressly made a part thereof, shall be a crisis
communications plan. In the preparation of this plan as it pertains to city organization, it
is the intent that the services, equipment, facilities and personnel of all existing
departments and agencies be used to the fullest extent. The disaster plan shall be
considered supplementary to this ordinance and have the effect of law whenever
emergencies have been proclaimed.
3
State law Reference O.C.G.A. § 49-5-233
Section 5: Emergency; Special Powers.
In the event of man-made or natural disaster, mass electrical failure, rioting, actual
enemy attack upon the United States or any other emergency which may affect the lives
and property, the mayor may declare that a state of emergency exists by written
proclamation setting out the circumstances of the emergency and thereafter the mayor, or
in his/her absence, the mayor pro tem or city administrator, shall have and may exercise
for any period as this state of emergency exists or continues, the following emergency
powers:
(a) to enforce all rules, laws and regulations relating to emergency management
and to assume direct operational control over all emergency management
resources;
(b) to seize, take for temporary use, or condemn any property for the protection
of the public;
(c) to sell, lend, give or distribute all or any property or supplies among the
inhabitants of the city; to maintain a strict accounting of property or supplies
distributed and for funds received for the property or supplies;
(d) to declare a limited or general curfew as may be needed to restore public
order;
(e) ordering the closing of any business;
(f) closing to public access any public building, street or other public place;
(g) to prohibit or regulate the possession, sale or use of explosives, gasoline or
other flammable liquids, firearms, ammunition, or dangerous weapons of any kind,
excluding firearms or components of firearms; and
(h) to perform and exercise any other functions and duties and take any
emergency actions as may be necessary to promote and secure the safety,
protection and well being of the inhabitants of the city.
Section 6: Mutual Aid.
In periods of local emergency, the city is granted full power to provide mutual aid
to any affected area in accordance with local laws, ordinances, resolutions, emergency
plans or agreements therefor. The city may request from state agencies mutual aid,
including personnel, equipment and other available resources to assist the city during the
local emergency plans or at the directions of the governor.
Section 7: Civil Liabilities.
(a) The city shall not be liable for any claim based upon the exercise or
performance, or the failure to exercise or perform, a discretionary function or duty
on the part of the city or any employee of the city excepting willful misconduct,
4
gross negligence or bad faith of any such employee, in carrying out emergency
services as defined in Article 2 above.
(b) The immunities from liability, exemptions from laws, ordinances and rules,
all pensions, relief, disability workers’ compensation and other benefits which
apply to the activity of officers, agents or employees of the city when performing
their respective functions within the territorial limits of the city shall apply to them
to the same degree and extent while engaged in the performance of any of their
functions and duties extra territorially under the provisions of this chapter,
excepting willful misconduct, gross negligence, or bad faith.
(c) Volunteers duly enrolled or registered with the city in a local emergency, a
state of emergency, or a war emergency, or unregistered persons placed into
service during a state of war emergency, in carrying out, complying with, or
attempting to comply with any order or regulation issued pursuant to the provisions
of this chapter or performing any of their authorized functions or duties or training
for the performance of their authorized functions or duties, shall have the same
degree of responsibility for their actions and enjoy the same immunities as officers
and employees of the city performing similar work.
Articlee 3: Fire Code
Section 1: Fire Chief and Fire Marshall
The City Manager shall appoint the Fire Chief and the Fire Marshal.
Section 2: Fire Prevention duties.
A.The fire prevention code shall be enforced by personnel in the city fire
department, which is established and which shall be operated under the
supervision of the fire chief.
B.The fire chief may detail members of the fire department as inspectors. If
necessary these inspectors may be reassigned to the fire fighting force at
the discretion of the fire chief.
Section 3: Fire limits of city; storage of explosives, flammable liquids and liquefied
petroleum gases.
Districts within the city where storage of explosives, flammable liquids or
liquefied petroleum gases are restricted or permitted under the fire prevention code shall
be legally described in a map entitled City of Milton Fire District.
Maps, which shall be approved by the city council and maintained in the office of
the city clerk, for inspection by the public.
Section 4: Modifications
Articl
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The fire chief or fire marshal shall have power to modify any of the provisions of
the fire prevention code upon application in writing by the owner or lessee, or a duly
authorized agent, when there are serious difficulties in carrying out the strict letter of the
code, provided that the spirit of the code shall be observed, public safety secured, and
substantial justice done. The particulars of such modification, when granted or allowed,
and the decision of the fire chief or fire marshal thereon shall be entered upon the records
of the fire department and a signed copy shall be furnished to the applicant.
Section 5: Appeals
a. Any person aggrieved by an action of the fire chief, the fire marshal or other
city official or employee of the City of Milton fire department, including but
not limited to disapproval of an application, refusal to grant a permit, a
determination that the fire code or city ordinances does not apply or has been
misconstrued, but excluding those actions or violations which are within the
purview of the state fire marshal or code violations which are subject to the
jurisdiction of municipal, state or federal court, may appeal and be heard by
the city board of appeals for construction.
b.All appeals, pursuant to this section, must be filed in writing with the City of
Milton public works department within 30 days from the date of the decision
or action from which the aggrieved party appeals. All appeals must be filed
on forms which can be obtained at the City of Milton public works
department.
c.Any person aggrieved by an action of the city board of appeals for
construction may appeal within 30 days to the Superior Court of Fulton
County, Georgia by writ of certiorari.
Section 6: New Materials, processes or occupancies which may require permits
The City Manager, the fire chief and the fire marshal shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies, which shall require permits in addition to those now
enumerated in the fire prevention code. The fire chief shall post the list, if any, in a
conspicuous place in his or her office, and distribute copies thereof to interested persons.
The list shall be a rule and regulation of the fire department and shall be adopted by the
mayor and city council and become effective upon approval, unless otherwise specified.
Section 7: Penalties
a.Any person who shall violate any of the provisions of the fire prevention and
protection code or fail to comply therewith or who shall violate or fail to
comply with any order made thereunder or who shall build in violation of any
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detailed statements, specifications, plans submitted and approved thereunder
or any certificate or permit issued thereunder and from which no appeal has
been taken within the time affixed herein may be prosecuted for violations by
the city after the person has been issued a citation by a duly authorized officer
of the fire department of the City of Milton or an authorized law enforcement
officer of the police department of the City of Milton. Upon conviction, the
person shall be punished by a fine or imprisonment in accordance with
Section 11-4-080 of the City Code, as now or hereafter amended. The
imposition of one penalty for any violation shall not excuse the violation or
permit it to continue, and all such persons shall be required to correct or
remedy the violations or defects within 30 days. Each day’s continuing
violation shall be treated as a separate offense.
b.In addition to all other provisions of this section, any violation of this chapter
is deemed to be a continuing nuisance and may be abated by an application of
injunction in the Superior Court of Fulton County or any other court of
competent jurisdiction.
Section 8: Authority at fires.
a.The fire chief or fire officers under his or her direction shall have full control
over all fire apparatus of the fire department in service at any fire. It shall be
the duty of the fire chief or his or her designee to superintend the fire
department while performing any public duty in fighting a fire; to give general
and specific directions as to the manner of fighting fires, the use of hose and
apparatus, and the specific duties and assignments of the various members of
the fire department in attendance at a fire. The fire chief may immediately
suspend any member of the fire department for insubordination at any fire.
b.Officers of the fire department, when at the scene of a fire, may direct or assist
the city police department in directing traffic in the immediate vicinity.
Section 9: Obstruction of or tampering with fire hydrants and apparatus prohibited.
a.It is unlawful for any person to place ashes, cinders, dirt, rubbish, building
material or any other material around or in close proximity to any fire hydrant
so as to cause hindrance or delay in access thereto, or prevent the free use
thereof by the fire department. No person shall, in any way, interfere with or
tamper with any fire hydrant or attempt to take water therefrom without
special authority from the fire chief or his or her designee. Any person who
violates this section shall upon conviction be punished in accordance with
Section 11-4-080 of this Code, as now or hereafter amended.
b.Without the consent of the fire chief, no person not an active member of the
fire department shall at any time ride upon any of the fire apparatus of the fire
department, nor shall any person make use of any fire apparatus, hose, or
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other equipment of the fire department, other than for the purpose for which
the equipment was intended, without the consent of the fire chief.
Section 10: Certain acts interfering with firefighting activities.
No person, except an active member of the fire department, shall at any time,
enter within the territory or vicinity of any fire, when the area is roped off or access is
denied by the city police, or interfere with or attempt to operate any of the apparatus or
equipment of the fire department or any fire hydrant, or interfere by giving orders to any
individual, unless requested to do so by the fire chief or fire officers under his or her
direction; provided, however, that the mayor or any member of the council; any police
officer or other law enforcement officer; the owner or occupant of the property, and the
city manager or any other persons as may be specifically authorized by the fire chief or
his or her designate, may enter the restricted areas.
Section 12: Open burning.
Open burning is prohibited, with certain exemptions, in the city, as set forth in
Chapter 12, Article 5, Section 3. The provisions of Section 391-3-1.02(5) of the
regulations promulgated by the Georgia Environmental Protection Department under the
Georgia Air Quality Act, as amended from time to time are adopted and incorporated
herein by reference. A copy of said regulation shall be kept on file by the city clerk for
inspection by the public.
Section 13: Posting of addresses.
a.All owners and occupants of improved real property lying within the city are
required to post the address of such real property owned or occupied by them
with the street address assigned to such property by the City of Milton, in such
manner that said address is clearly visible and legible from the street on which
the improvement on such property fronts. The obligation hereby imposed
shall be the joint duty of all owners and occupants of improved real property
lying within the city who are over 18 years of ago.
b. All owners of apartment complexes lying within the city are required to post
the building identified for each apartment building within the complex,
whether the identifier be a number or letter or a combination thereof, in such
manner that said building identifier is clearly visible and legible from the
street or private drive on which each building fronts. The identifier for each
building within apartment complexes lying within the city will be a minimum
of one foot in height, will contrast with the building itself so as to be highly
visible, will be reflective so as to be seen easily in darkness and will not be
obstructed at any time by natural or man-made objects. All owners of
apartment complexes lying within the city will have a grace period of six
months from the effective date of this subsection to come into compliance.
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c.All persons who violate this section shall be subject to a fine in an amount set
by resolution of the City Council. If the person does not remedy the violation,
every 30 days shall be deemed a separate offense.
Section 14: Sprinkler protection required.
a. As used in this section, the following terms shall have the meanings set forth
herein:
1.“Commercial” refers to a business involved in the exchange of
services, productions, or property of any kind; the buying, selling
and exchange of articles.
2.“Multifamily residential structures” refers to a structure with a
maximum of four stories in height, except duplex and free standing
single family residences. A story is defined as that portion of a
building included between the upper surface of the floor and the
upper surface of the floor or roof next above.
3.“New,” for the purposes of this section, shall include any additions
to existing buildings, whether vertically or horizontally, or any
existing building or structure which shall be deemed to be a new
building in the event such building or structure is subject to
substantial renovation or a fire or other hazard of serious
consequence. For purposes of this subsection, the term
“substantial renovation” shall mean any construction project
involving exits or internal features of such building or structure
costing more than the building’s or structure’s gross assessed value
according to county tax records at the time of such renovation.
4.“Approved system-commercial/residential,” for commercial
buildings over 5,000 square feet, or residential structures, or those
structures required to be sprinkled by some other code, means a
sprinkler system designed in accordance with National Fire
Protection Association Standards and referenced publications.
5.Approved system-commercial areas less than 5,000 square feet, for
light hazard areas, i.e. offices and shipping areas, of commercial
buildings less than 5,000 square feet a modified sprinkler system
may be used. This system may be used upon appeal to the fire
marshal’s office by the owner of the building.
6.“Modified sprinkler system” is a combination sprinkler system
operating off the domestic water supply designed in accordance
with specifications on file in the fire marshal’s office.
b.All new commercial buildings shall be protected throughout with an approved
automatic fire protection system.
1.For buildings less than 15,000 square feet constructed mainly
for the storage of products with limited life loss potential some
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flexibility may be allowed. The owner may petition to the fire
marshal for exception to sprinklers in the storage areas. The fire
marshal will give consideration to such things as building
construction, products stored, arrangement of storage, number of
employees in the area, access to the building, and any other fire
protection features provided. This exception will not be allowed
for additions to existing sprinkled buildings.
For buildings storing materials that are water reactive or may be
damaged by water fighting a fire, than by a fire, the fire marshal’s
office shall use the same considerations.
2.Additions to existing unprotected buildings where the
addition totals less than 1,000 square feet; provided, however, the
addition must be separated by fire rated construction in accordance
with the City of Milton Building Code and is not required to be
protected by some other applicable code.
c.All new multifamily residential structures shall be protected throughout with
an approved automatic fire protection system.
d.All new one-family and two-family dwellings built closer than 20 feet from
another structure or closer than ten feet to the property line must be sprinkled
with an approved system.
e.There shall be early fire detection systems in all sections of multifamily
occupancies. Existing buildings may have an approved battery operated
smoke detector. The bureau of fire prevention may require a hard-wire
detection system if battery operated detectors are not maintained according to
manufacturer’s recommendation.
f.The owner is responsible for the inspection and testing of the sprinkler system
in accordance with the rules of the Georgia Safety Fire Commissioner.
g.If this code section in any way conflicts with the provisions in the Standard
Building Code, the Fire Prevention Code, or the Life Safety Code, the more
restrictive shall apply.
Section 15: Application of building and fire related codes to existing buildings.
a. O.C.G.A. § 8-2-200 et seq., and all subsequent amendments thereto, is adopted
and incorporated by reference and shall be controlling in the corporate limits of the city.
A copy will be on file in the office of the city clerk for inspection by the public.
b. Any other provision(s) of the city Code of Ordinances which does not adopt state
law by reference and which is more restrictive than the rules of the Georgia Safety Fire
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Commissioner shall be controlling over the rules of the Georgia Safety Fire
Commissioner.
c. All amendments, deletions, additions or supplements to O.C.G.A. § 8-2-200 et
seq. may be adopted by an ordinance of council, and thereby incorporated herein;
provided, that any changes in the standard text shall be made available to the public for
inspection in the office of the city clerk.
Section 16: Key lockbox system for commercial, residential and other locations with
restricted access through locked gates.
a. The following structures shall be equipped with a key lock box at or near
the main entrance or such other location required by the Fire Marshal:
1.commercial or industrial gated structures that are secured in
a manner that restricts access during an emergency;
2.multi-family residential structures that have restricted
access through locked gates;
3. governmental structures and nursing care facilities with
gated entrances.
b. All newly constructed structures, communities, or complexes subject to
this section shall have the key lock box installed and operational prior to
the issuance of an occupancy permit. All structures, communities, or
complexes in existence on the effective date of this section and subject to
this section shall have one year from the effective date of this section to
have a key lock box installed and operational.
c. The Fire Marshal shall designate the type of key lock box system to be
implemented within the city and shall have the authority to require all
structures to use the designated system.
d.The owner or operator of a structure, community, or complex required to
have a key lock box shall, at all times, keep a key in the lock box, or
maintain the operation of the box at all times.
e.The Fire Marshal shall be authorized to implement rules and regulations
for the use of the lock box system.
f.Any person who owns or operates a structure, community, or complex
subject to this section shall be subject to the penalties set forth in all
sections of this code for any violation of this section, provided that the
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maximum fine for a conviction for a violation of this section shall be
$1,000.00.
g.All requests for the designated key lock box system shall be coordinated
through the Fire Marshal and get approval for the location of the box on
each site.
h. This Ordinance shall take effect immediately upon its passage.
Section 17: Key lockbox system for certain buildings as designated by the Fire Marshal.
a. The following structures shall be equipped with a key lock box at or near
the main entrance or such other location required by the Fire Marshal:
1.commercial or industrial structures protected by an
automatic alarm system or automatic suppression system,
or such structures that are secured in a manner that restricts
access during an emergency;
2.multi-family residential structures that have restricted
access through locked doors and have a common corridor
for access to the living units;
3.governmental structures and nursing care facilities.
b. All newly constructed structures subject to this section shall have the key
lock box installed and operational prior to the issuance of an occupancy
permit. All structures in existence on the effective date of this section and
subject to this section shall have one year from the effective date of this
section to have a key lock box installed and operational.
c. The Fire Marshal shall designate the type of key lock box system to be
implemented within the city and shall have the authority to require all
structures to use the designated system.
d. The owner or operator of a structure required to have a key lock
box shall, at all times, keep a key in the lock box that will allow for access
to the structure.
f. The Fire Marshal shall be authorized to implement rules and regulations
for the use of the lock box system.
g. Any person who owns or operates a structure subject to this section shall
be subject to the penalties set forth in all sections of this code for any
violation of this section, provided that the maximum fine for a conviction
for a violation of this section shall be $1,000.00.
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h.All requests for the designated key lock box system shall be coordinated
through the Fire Marshal and get approval for the location of the box on
each site.
g. This Ordinance shall take effect immediately upon its passage.
Article 4. Fire Lanes
Section 1: Purpose and Scope.
It is the declared purpose of this article to provide for the designation and
identification of the lanes; for the manner, method and language for the posting of signs;
to establish the penalty for violation of this chapter; to identify and designate the persons
who have authority to enforce the chapter and the limits of such authority; to prohibit
parking in fire lanes; to provide for the method of submitting properties to this chapter; to
repeal all ordinances in conflict herewith; and for other purposes.
Section 2: Definitions.
The words used in this chapter shall have their normal accepted meanings except
as set forth below:
A.“Authorized emergency vehicle” means a motor vehicle belonging to a
public utility corporation and designated as an emergency vehicle by the
department of public safety; a motor vehicle belonging to a fire
department or a certified private vehicle belonging to a volunteer fireman
or a firefighting association, partnership, or corporation; an ambulance; or
a motor vehicle belonging to a federal, state, or local law enforcement
agency, provided such vehicle is in use as an emergency vehicle by one
authorized to use it for that purpose.
B.“Enforcement officer(s)’ shall refer to any duly authorized law
enforcement officer employed by the city.
C.“Fire lane(s)” are areas designated by the fire official providing access for
fire department vehicles to buildings, fire department connections and fire
hydrants. This includes all alleys, driveways or lanes, devoted to public
use, where the parking of motor vehicles or other obstructions can
interfere with the ingress or egress of fire department vehicles for the
protection of persons and properties including, but not limited to, shopping
centers, theaters, hospitals, bowling lanes, churches, multi-family housing,
and high-rise buildings.
D.“Fire official” means the fire officer or other designated authority, or their
duly authorized representative, charged with the administration and
enforcement of the fire prevention code.
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E.“Master plats” means all original plats drawn in accordance with this
chapter; all copies distributed shall be from this original drawing.
F.“New building(s)” means any commercial structure or public facility
whose certificate of occupancy was issued after the effective date of
Ordinance No. 4782.
G.“Plats” shall refer to maps created by the building owner and approved by
the fire marshal which depict the location and boundaries of land and all
existing fire lanes in accordance with this chapter. Such maps shall be
drawn to scale.
H.“Property owner(s)” shall refer to each person, firm, corporation, or entity
possessing any estate, or leasehold right in the property being designated
as fire lane(s).
I.“Ticket” shall mean an order issued out of court by an enforcement officer
of the city directing a violator of this chapter to comply with all civil fines
as set forth.
Section 3: Identification.
A.Every existing building and all new buildings shall be accessible to fire
department apparatus by way of designated fire lanes with an all-weather
driving surface of not less than 20 feet of unobstructed width. There shall be a
minimum roadway turning radius of 35 feet. There shall be a minimum
vertical clearance of 13 feet, six inches. The minimum hard surface subbase
paving specification shall be at least one and one-half inches of asphalted
topping on at least six inches of bound crushed stone, or the equivalent,
capable of supporting the gross vehicle weight of fire apparatus. During
construction, when combustibles are brought onto the site in such quantities as
deemed hazardous by the fire official, access roads and a suitable temporary
supply of water acceptable to the fire department shall be provided and
maintained.
a.Where fire protection systems approved by the fire official are
provided, the above required clearances may be modified by the fire
official.
b.The fire official shall have the authority to require an increase in the
minimum access widths where they are inadequate for fire or rescue
operations.
c.The creation, deletion, or modification of a fire lane shall be done in
the best professional judgment of the fire official.
B.Any owner of a building aggrieved by the decision of the fire official under
this section may appeal from the decision of the fire official to the city
manager within 30 days from the date of the fire official’s decision. All
appeals to the city manager shall be in writing setting forth the reasons for the
appeal. The city manager shall issue a written decision to the owner within 30
days from the receipt of the written appeal from the owner.
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C.The areas designated as fire lanes shall have signs posted meeting the
following criteria:
1.Sings to read “No Parking Fire Lane.”
2.Letters shall not be less than two inches in height.
3.One sign shall be posted at the beginning of the fire lane and one at the
end of the fire lane; each sign shall be erected not more than 50 feet
apart.
4.Signs posted shall not be more than four feet from the edge of the curb
and shall be visible from both direction of the driving surface.
D.The fire official may order curbs to be painted yellow or other distinctive
colors.
Section 4: Approval; subsequent maintenance.
All fire lanes shall be approved by the fire official pursuant to these regulations,
and thereafter these fire lanes shall be maintained by the property owner. Designated fire
lanes or roads deemed necessary for fire department access by the fire official shall be
maintained in a passable condition.
A.Private property owners or their representatives shall be responsible for
keeping all fire lanes on their property free from obstructions.
B.Public property owners, the City of Milton, or their representatives shall
be responsible for keeping all fire lanes within the city’s jurisdiction free
of obstructions.
Section 5: Erection of signs.
No person or property owner shall place, erect or maintain any sign for control of
parking or traffic which includes the words “Fire Lane” unless such location has been
designated a fire lane by the fire official. Any failure to meet the applicable requirements
specified in Section 2-10-030 of the Milton City Code shall be subject to a fine of
$150.00 for each violation, provided, however, that the fine will be waived if the required
specifications are made within 14 days from the date of citation. If that private or public
property owner fails or refuses to meet said requirements on his property within such 14
days he shall, on the 15th day after receiving the citation, be subject to the $150.00 fine
for each violation and an additional $10.00 fine for each violation for each day that the
owner fails to comply with the provisions of this section until the area is properly
designated and constructed. Each additional day shall be construed as an additional
violation. All fines assessed under this section shall be paid into the treasury of the city.
Section 6: Violations.
No person shall park any motor vehicle, including a motorcycle, in a fire lane;
provided, however, this section shall not apply to the parking of an authorized emergency
vehicle on official business.
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A.Enforcement of this section shall be through a civil action in municipal
court by the issuance of a ticket which shall be either left with the vehicle
or delivered to the person in possession thereof. For purposes of such civil
action, it shall be presumed that the registered owner of said vehicle is in
control or possession thereof.
1.The first violation of parking in a fire lane within any 30-day
period shall be punished by a $25.00 civil fine; provided, however,
the second violation within any 30-day period shall be punishable
by a civil fine of $40.00; and a civil fine of $50.00 may be levied
for each violation thereafter occurring within any 30-day period.
2.The person receiving a ticket for violation of this section may pay
the civil fine(s) by return mail to the municipal court of the city or
his designated receiver within 48 hours of the issuance of the ticket
or may request a hearing within 48 hours to contest the issuance of
the ticket. In the event the civil fine is not paid within 48 hours,
the municipal court may issue a citation for contempt requiring the
offender to show cause why he failed to pay the fine within the
time frame allowed by this section. Upon conviction thereof, the
municipal court may impose a fine as provided by law.
B.Upon any person to whom a ticket has been issued under this section, a
uniform traffic citation may be obtained with a hearing date thereon from
the police officer or uniformed fire inspector whereupon it shall be
returnable to the municipal court.
Violation of this section shall be enforced through a civil action. The burden of
proof shall be on the city. The standard of proof shall be by a preponderance of
the evidence; provided, however, the aforementioned presumption in subsection
(A) of this section shall apply.
Section 7: Enforcement Authority.
A duly authorized law enforcement officer employed by the city and uniformed
fire inspectors shall have the authority for enforcement of fire lanes.
Section 8: Emergency Authority
In addition to all powers authorized by state law, as amended, in the event of any
fire, explosion, bomb threat, or similar emergency, the fire department in the city shall be
authorized to prevent the blocking of any public or private street, road or alley, way or
driveway, or emergency lane, during any such emergency or remove any vehicles or
obstructions necessary. The officers, members, agents or employees of the fire
department of the city shall not be liable at law for any act or acts done while actually
fighting a fire or performing duties at the scene of an emergency.
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Section 9: Liability for enforcement of article pertaining to maintenance and clearing.
The City of Milton assumes no liability for any damages, injuries, or deaths
resulting from enforcement or lack of enforcement of the laws pertaining to maintenance
and clearing of the fire lanes. The City has the authority to issue individual tickets or
citations for fire lane violations, but the property owner has the ultimate responsibility to
clear the fire lanes.
Section 10: Enforceability of properly placed signs.
The disregard or disobedience of the instruction of any sign placed in accordance
with the provisions of this chapter by the driver of a vehicle shall be deemed prima facie
evidence of a violation of law, without requiring proof by whom and by what authority
such sign has been erected.
Section 11: Petition requesting application of chapter to properties.
Properties may become subject tot his chapter by submitting a petition from the
property owner or fully authorized agent of the property owner requesting this chapter to
apply. The petition shall be submitted to the fire official and, upon approval, the property
shall become subject to this chapter and its subsequent revisions.
Section 12: Descriptions for fire official.
Property which falls within the jurisdiction of the City of Milton shall have all fire
delineations visually depicted on a plat. These plats shall be designed by the owner and
submitted to the City of Milton Fire Department and copies shall be maintained with the
city clerk. Each visual depiction shall identify all building exterior walls, traffic and
parking lanes, and sidewalks. The area(s) to be designated as fire lane(s) shall be
delineated in red ink. The plat shall state a scale of measurement and shall be on paper or
a series of pages of 8 ½ by 11 inches. The plat identification shall specify the name of
the property, a brief legal description of the property, and the length and width of the fire
lane(s), as approved by the fire official, with whom all master plats will be filed.
Article 5: Police Department.
Section 1: Composition and Purpose
The police department shall be composed of the chief of police and any police
officers or other employees as may be necessary. Its purpose is to enforce City of Milton
ordinances, and county, state and federal law within its jurisdiction so as to maintain the
peace, good order and tranquility of the city. Enforcement powers shall include the arrest
and prosecution for any violation of such laws. The police department may be assisted
by others as may be authorized by mayor and council, or as provided in any duly
executed intergovernmental contract or mutual aid agreement.
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Section 2: Chief of Police; Acting Chief.
Under the general direction of the city manager, the chief of police will direct the
administration and operation of all services of the City of Milton police department and
shall establish the policies, directives, rules and regulations for the administration and
operations of the department. The chief is the executive officer of the department and
shall ensure that all laws, both state and federal, ordinances and regulations are enforced
and that life and property are protected. The chief shall monitor the daily functions of all
divisions including Administration, Uniform Patrol, Criminal Investigation, and Support
Services.His/her responsibilities shall include overseeing accreditation and training,
supervising operations, and reviewing decisions related to hiring, disciplining, and
evaluation of department personnel.
In the chief’ s absence from the city or when for any reason the chief of police is
unable to attend to the duties of his office, he shall designate a person to be acting chief
and such designated person shall assume the duties of the chief of police for such
designated time.
Section 3: Oversight by Public Safety Committee.
The Public Safety Committee shall oversee the operation of the Police Department.
The Police Chief shall serve as a liaison to such Committee and make periodic reports as
requested.
Section 4: Operations Manual.
The Police Department shall be operated in accordance with The Milton Police
Department Employee Manual, adopted _________, as amended from time to time. The
Milton Police Department Employee Manual as amended is hereby incorporated herein
by reference.
Section 5: Patrol Powers.
(a) The police officers of the city shall have the authority to patrol over any street,
alley, path sidewalk, or park in and around any stores, cafes, taverns restaurants,
dance halls, service stations or any other establishment in the city.
(b) An officer while on duty for the city shall have authority to enter any type of
business while open to the public and check to see if everything is being carried on
in a lawful manner. After business hours and while closed to the public, an officer
for the city has authority to check places of business, to see if the doors and
windows are safely locked.
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(c) An officer for the city shall have the authority to check and investigate, enter
and patrol any park, business, residence or public place within the city limits if the
officer has probable cause or sufficient reason to believe some act is being
committed which would involve the violation of a law or a city ordinance; a
personal injury or damage to property; or if any of the above appear to be
imminent.
(d) No police officer shall enter a private dwelling without a search or arrest
warrant unless he has the voluntary consent of the owner or occupant or he is in
pursuit of a fugitive who the officer has personal knowledge or probable cause to
believe has committed or attempted to commit a felony.
Section 6: Compensation for Testifying.
Any law enforcement officer subpoenaed by the Municipal Court of the City of
Milton will be entitled to compensation from the City of Milton for his or her appearance
at a court session when such officer attends in an off-duty status.
Section 7: Abuse of Position.
( a) No police officer shall use his official position or official identification cards or
badges:
(1) for personal or financial gain;
(2) for obtaining privileges not otherwise available to the officer except in the
performance of duty; or
(3) for avoiding consequences of illegal acts.
(b) Police officers may not lend their identification cards or badges to another
person, or permit them to be photographed or reproduced without the approval of
the chief.
Section 8: Endorsements and Referrals.
Police officers shall not recommend or suggest in any manner, except in the
transaction of personal business, the employment or procurement of a particular product,
professional service or commercial service such as an attorney, ambulance, towing
service, bondsman, mortician or the like. In the case of ambulance or towing service,
when such service is necessary and the person needing the services is unable or unwilling
to procure it or requests assistance, officers shall proceed in accordance with established
departmental procedures.
19
EFFECTIVE DATE
This ordinance shall become effective upon adoption and approval by the City
Council of the City of Milton, Georgia.
SEVERABILITY
Should any section or provision of this ordinance be declared by a court of
competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the
validity of the ordinance as a whole nor any part thereof other than the part so declared to
be invalid or unconstitutional. All ordinances or resolutions, or parts thereof, in conflict
with this ordinance are repealed.
ORDAINED by the City Council of the City of Milton, Georgia, this
_____ day of ________________, 2008.
JOE LOCKWOOD
Mayor & Presiding Officer
City Council
City of Milton, Georgia
Attest:
________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
20
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 08-05-37, A RESOLUTION
APPOINTING A CITIZEN’S PARTICIPATION GROUP FOR POTENTIAL
REVISION TO THE MILTON TREE ORDINANCE
AND ADMINISTRATIVE GUIDELINES
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session
on the ____ day of June, 2008 at 6:00 p.m. as follows:
SECTION 1. That (To Be Determined) (District 1), is hereby appointed for a term
commencing June ___, 2008 and ending on December 31, 2009; and
SECTION 2. That (To Be Determined) (District 4) is hereby appointed for a term
commending June ____, 2008 and ending on December 31, 2011; and
SECTION 3. That this Resolution shall become effective upon its adoption.
RESOLVED this ___day of June, 2008.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
\
To: Honorable Mayor and City Coundl Members
From: Staoey Inglis, Finance Manager
Date: Submitted on May 23M for June 2,290.8 City Council Meeting
Agenda Item: Approval of MWGR 2008 t nvaice for Legal Fees
CMO (Ci& Manager3 OffFce) Recommandation:
Approve fhs payment d legal fees per the attached invoi~ein the amount of $27,199.54.
Background:
The Clty receives a monthly invoice fiam Jarrard and Davis for Begal services randetd to the
Cjty. The Invoice abo includes other legal support services rendered by Jarrard & Davis, as
well as fees incurred due to the use of external legal entities.
Discussion:
The regal invoice is detailed by project and where applicable by department Each month,stafF
will review legal fees assodated with the respective projectldepartment and the department
&~&QP is responsible for approving the hours spent on fhe project or entering into a dialague
with the City Attorney regarding dispute of the fees.
Once the legal invoim reaches the City Council agenda, the staf-related projects will be
approved orthe invoice will have been adjusted, Council will than be resgonsibte for approving
wuncihelated legal fwes.
FiscaJ hpacf:
The budget for legal fees is $1 80,000. Upon payment of this invoice, the total expendif trres for
legal fees will be $90,04.47 leaving a balance of $89,335.53.With 50% of the year billed for
legal senrices, the expenditures represent 5Q.4% of budget.
A Itemaffves:
None identified.
--A Limitcd Uabsty Partnership -
105 Pilgrim Village Drive, Suite 200
Cumrning,Georgia 3 0040
May 1,2008
' , . -
I
City of Milton -=ar*$
13000 Dedeld ~&kway 'xm,
-' ~uildin~100
Alpharetta, GA 30004, '
Attention:Ms. Stacey Inglis, Finance Manager'
-Re; City ofMiltonInvaicg
.
'. :Dear Ms. In&: .
. *.
Please kd emloosed our fee statement for services performed in ~kchin connect@
with 'representation fur the City of Miltan.. I have .also er~cbsd.a sproadshed detailing the
chxges by Department. The balance for these matters is'$27,199.54. Please return your
payment on or before May 16;2008.
Thank you fur the oppowty td bl of seyics. Should you have any questions, please do
not hesiteite to contiict me. I.
, -
. Sincerely,
I.,
!>*'
3
City of Milton
13000 Deerfield Parkway, Building 100 Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Chris Lagerbloom, Public Safety Director
Date:May 15, 2008 for submission onto the June 2, 2008 City Council Meeting
Agenda Item:Authorization of Contracting for Emergency Medical Services & Establishment
of Oversight Committee
CMO (City Manager’s Office) Recommendation:
The Public Safety Director’s office recommends to the City manager and the Mayor/Council
authorization for the Milton City Manager to enter into a contract with the state-designated 9-1-1
Ambulance provider Rural/Metro to purchase Emergency Medical Services (EMS) and to
establish standards for response time performance. The Director’s office also recommends the
Mayor/Council pass a resolution supporting the attached Bylaws and Constitution of the North
Fulton Emergency Medical Response Oversight Committee (EMROC), which is comprised of
representatives from the five other North Fulton County municipalities. EMROC would be
responsible for EMS system evaluation, oversight of the EMS contractor’s adherence to the
performance standards established in the contract for services, clinical quality improvement
initiatives, and other items necessary for enhancing the performance of the EMS system in
North Fulton County.
The Director’s office recommends that the Council pass a resolution supporting the attached
Service Level Agreement (SLA) as well as the attached Rural/Metro Ambulance contract
between Alpharetta, Milton, Roswell, Johns Creek, and Mountain Park.
Background:
Effective July 1, 2008, the Fulton County Board of Commissioners has elected to transfer
contractual administration and financial responsibility of the Emergency Medical Services (EMS)
system to the North Fulton municipalities, On June 30, 2008, the existing performance contract
between Fulton County and the 9-1-1 ambulance provider designated by the Department of
Human Resources for the North Fulton County EMS Zone (which includes all of the City of
Milton) expires. Without action on the part of the City of Milton the contractually-required
performance standards for the current provider, Rural/Metro Ambulance, will revert to
considerably less stringent standards.
For the past several months, representatives from all North Fulton County municipalities and
Rural/Metro have been meeting to explore various EMS delivery models and cost allocation
strategies.The primary focus of the EMS Task Force’s discussions was to develop an EMS
model that was regional in nature so as to achieve desired efficiencies and surge capacity. To
City of Milton
13000 Deerfield Parkway, Building 100 Milton, Georgia 30004
that end, the EMS Task Force has recommended formalizing a single EMS oversight body for
North Fulton and the development of a regional EMS delivery model funded through a
proportional share from each municipality.
The Director’s Office recommends that Milton support the “Status Quo” option which will provide
four (24-hour) Advance Life Support (ALS) Ambulance and two (12-hour) Ambulances within
Alpharetta, Roswell, Milton, and Johns Creek. These ambulances will be deployed using a
System Status Management (SSM) that will be monitored by Rural/Metro as well as our
Dispatch Center (PSAP). This service level will result in an annual cost of 132,250.00.
The Director’s Office also recommends that the Mayor/Council consider entering into an
Exclusive Franchise Agreement with Rural/Metro. Outside of an increase in 9-1-1 call demand;
this is the only significant source of additional revenue to offset the costs of the current system
and of adding resources. Milton’s Charter permits the grant of an exclusive franchise. An
exclusive franchise would allow Rural/Metro to work with the local area hospitals, nursing
homes, doctor officers, and personal care facilities to provide non-emergency ambulance
services.
Discussion:
The attached documentation includes the proposed Bylaws and Constitution for the North
Fulton EMROC, Service Level Agreement (SLA), and the Contract between Rural/Metro and the
Cities of Alpharetta, Roswell, Milton, Johns Creek, and Mountain Park.
Alternatives:
Elect not to enter into a contract with Rural/Metro Ambulance, would likely result in a reduced
service level and extended response times by the ambulance service.
Concurrent Review: Billy Beckett, City Manager
Jarrard and Davis, LLC, City Attorneys
CONTRACT BETWEEN CITIES OF ALPHARETTA, JOHNS CREEK,
MILTON, MOUNTAIN PARK AND ROSWELL
AND
EMS VENTURES, INC. d/b/a RURAL/METRO AMBULANCE
THIS CONTRACT (“Contract”) is entered into this ______ day of __________, 2008, by and
between the Cities of Alpharetta, Johns Creek, Milton, Mountain Park, and Roswell (hereinafter, the
"Cities"), each a political subdivision of the State of Georgia, acting by and through its duly elected
City Council Members, and EMS Ventures, Inc. d/b/a Rural/Metro Ambulance (hereinafter
"Rural/Metro").
WITNESSETH:
WHEREAS, the Georgia Department of Human Resources has approved a Regional Ambulance
Zoning Plan which designates Rural/Metro for North Fulton County (which includes Alpharetta,
Johns Creek, Milton, Mountain Park, Roswell and Sandy Springs) as the 9-1-1 EMS provider;
WHEREAS, Rural/Metro is the owner and operator of certain emergency medical care vehicles and
equipment designed to respond to requests for and provide emergency medical care and
transportation and has in its employ trained personnel whose duties are related to the use of such
vehicles and equipment and to the provision of emergency medical services;
WHEREAS, the Cities and Rural/Metro desire to enter into an agreement for the provision of such
services within the City limits of each City at an enhanced level of performance;
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other good
and valuable consideration, the parties hereunto agree as follows:
ARTICLE I – DEFINITIONS
9-1-1 Calls means all requests for emergency medical services received from the Cities and
designated PSAPs.
ASTM means the American Society for Testing and Materials International.
“Cities” means Alpharetta, Johns Creek, Milton, Mountain Park, and Roswell, with each
individually referred to as a “City.”
Contract Administrator means the person(s) designated by the Cities to administer the
Contract on the Cities’ behalf, individually or collectively if each city appoints its own Contract
Administrator.
00072418
DHR means the Georgia Department of Human Resources.
Effective Date means July 1, 2008.
Presumptive Emergency means, for purposes of monitoring response time performance,
those 9-1-1 calls classified as life threatening emergencies under the modified version of the
Emergency Medical Dispatch System adopted by the parties and attached hereto as Exhibit "B."
Medical Direction and Control means the administrative process of providing medical
guidance and supervision by a physician to emergency medical services personnel, including but not
limited to system design, education, critique, and quality assurance.
Medical Director means the licensed physician designated as the “Ambulance Service
Medical Director” or “Medical Advisor” (as defined by the Rules of the DHR) to provide medical
direction and control for Rural/Metro’s North Fulton County operation.
NIMS means the National Incident Management Systems program of the Federal Emergency
Management Agency.
North Fulton County means that part of Fulton County north of the Atlanta city limits,
including the municipalities of Alpharetta, Johns Creek, Milton, Mountain Park, Roswell, and Sandy
Springs.
OSHA means the Occupational Safety and Health Administration.
Presumptive Non-Emergency means, for purposes of monitoring response time performance,
those 9-1-1 calls classified as Presumptive Non-Emergencies under the modified version of the
Emergency Medical Dispatch System adopted by the parties and attached hereto as Exhibit "B."
PSAP means Public Safety Answering Point for 9-1-1 calls.
SLA means the Service Level Agreement between the parties attached hereto as Exhibit “A”,
which shall be adopted by the parties by the Effective Date and which may be amended from time to
time by the parties.
ARTICLE II – AGREEMENT TO PROVIDE SERVICES
1.
Retention: Each City hereby retains Rural/Metro and Rural/Metro hereby accepts retention
by each City to provide those services hereinafter defined and required; to perform such services in
the manner and to the extent required by this Contract, and as required by this Contract as it may be
hereafter amended or extended.
00072418
Page 2 of 18
2.
Authority: The persons executing this agreement represent that they are duly authorized to
bind and enter into contracts on behalf of their respective parties.
ARTICLE III – RURAL/METRO'S DUTIES
3.
Commencement: On July 1, 2008 Rural/Metro will commence providing services as set
forth herein. Any requirements set forth herein are in addition to any which may be established by
applicable law, rules, and regulations.
4.
Type of Services: Rural/Metro shall provide emergency medical services in response to
requests received from any PSAP designated by the Cities in the SLA.
5.
Scope of Services: Rural/Metro shall provide emergency medical services and appropriate
patient care in compliance with applicable statutes, rules, regulations, and standards of care
consistent with the certification and training of Rural/Metro personnel and in accordance with
medical direction and control. Such services may be performed on-scene and/or en route to an
appropriate treatment facility.
6.
Service Area: Rural/Metro shall respond to 9-1-1 Calls requesting emergency medical
services in the Cities.
7.
Response Area Exclusivity: So long as Rural/Metro is the designated zone provider, the
Cities shall not enter into any agreement with any other contractor for ground response to 9-1-1
requests for ambulance and emergency medical services within the Cities.
8.
Response Time Performance And Reliability Standards: Rural/Metro's response to 9-1-1
Calls shall meet the following performance standards set forth in the SLA. Those standards shall be
used for determining Rural/Metro’s compliance under this Contract, notwithstanding the adoption of
different standards by the DHR, the District III EMS Council, or any other administrative or
governmental entity having authority over such matters.
00072418
Page 3 of 18
9.
Response Time Exemptions: When analyzing Rural/Metro's compliance with the response
time standards, all 9-1-1 Calls from a designated PSAP for response within the Cities shall be
included, except for those calls exempted under the SLA.
10.
Real-Time Notification: The PSAP and the Rural/Metro crews will report and exchange
event times for each call by Mobile Data Terminal (“MDT”) interface or voice radio system, or by
other means agreed to by the Parties in the SLA.
11.
Performance Reports: Within ten (10) business days of receiving electronic call record data
from the designated PSAP after the end of each month, Rural/Metro shall document and report to the
Contract Administrator its performance for the previous month, including the percentage of 9-1-1
responses which did not meet the response time requirement.
12.
EMS Deployment: Rural/Metro will deploy the number of ambulances the SLA requires
during each hour of the day and day of the week.
13.
Changes to EMS Deployment Plan: The Cities will submit any requested changes to the
EMS Deployment to Rural/Metro at least thirty (30) days prior to implementation. Rural Metro may
waive the 30-day notice if an emergency adjustment to the plan is needed. The parties must agree to
the change and amend the SLA accordingly.
14.
System Status Management Plan: Rural/Metro will implement a System Status Management
Plan developed jointly with the Cities, which may be modified by Rural/Metro from time to time to
optimize the efficient delivery of EMS services, subject to reasonable objections by the Cities.
Rural/Metro will maintain a current copy of the Plan on file with the Cities at all times.
15.
Common Radio Frequency: Rural/Metro shall maintain voice and data communications on
the Cities’ public safety radio system.
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Page 4 of 18
16.
Dedicated Units and Private Work: All vehicles deployed under Rural/Metro’s System
Status Management Plan shall be dedicated for 9-1-1 response only. However, nothing herein shall
restrict the use of non-dedicated units to meet unusual demand or to temporarily replace disabled 9-
1-1 vehicles. Rural/Metro shall not be prevented from conducting private work that does not
interfere with the requirements of the Contract, provided that such work does not require the use of
dedicated 9-1-1 vehicles identified in the System Status Management Plan.
17.
Automatic Vehicle Locator System: Within ninety (90) days of written request by the Cities,
Rural/Metro shall install automatic vehicle locator equipment approved by the Cities for use by the
designated PSAP(s).
18.
Subcontractors: Rural/Metro shall provide the Cities with a list of contact information for
any subcontractor that may be utilized to provide services under this Contract including backup and
mutual aid providers.
19.
Fleet Maintenance Plan: Rural/Metro’s fleet maintenance plan shall ensure that the fleet of
dedicated 9-1-1 vehicles remains in good working order at all times. Rural/Metro will ensure that
the fleet remains fully stocked with equipment in good, sanitary, functioning order at all times.
20.
Equipment/Vehicles: All vehicles used in responding to 9-1-1 Calls shall carry equipment,
supplies, and medications that meet all State of Georgia and Cities’ requirements. All ambulance
units shall at all times meet such minimum in-service equipment requirements and any additional
requirements that may be established in the SLA. Units not meeting these requirements will be
taken out of service until the deficiency is corrected. No emergency ambulance vehicle or patient
care equipment more than five (5) years old will be placed or kept in service. Rural/Metro shall use
its best efforts to replace all units deployed under this Contract with new ambulances within 120
days of the Effective Date. Vehicles, equipment, and supplies shall be maintained in a clean,
sanitary, and safe mechanical condition at all times.
21.
Equipment Exchange and Replacement: Rural/Metro shall participate in the development of
a plan for the timely exchange of expendable and non-expendable equipment with licensed first
responders in the Cities.
00072418
Page 5 of 18
22.
Clinical Sophistication: Rural/Metro shall maintain a level of clinical performance that
consistently exemplifies the highest degree of medical knowledge and competence.
A. Staffing Requirements: Each Advanced Life Support ambulance used for response
to 9-1-1 Calls shall be staffed with at least one Georgia certified paramedic.
B. Certification: Each crew member of any ambulance used to respond to 9-1-1 Calls
shall at all times while on duty wear clearly identifiable insignia indicating their
certification status and shall carry documentation of their certification on their
persons and produce it upon request of the Cities or their agents.
C. Medical Supervision: Rural/Metro will have a locally-based Medical Director who
is readily available for consultation with the Contract Administrator. The Medical
Director shall comply with all DHR requirements for Medical Directors of
ambulance services.
D. Internal Training and Audit: Rural/Metro shall have a program to identify and
correct staff training deficiencies and to assist staff in correcting deficiencies and
meeting re-certification requirements.
E. Infection Control Policies: Rural/Metro shall develop and strictly enforce policies to
minimize the risk of contamination by infections of patients and ambulance
personnel. These guidelines shall be compatible with OSHA guidelines regarding
chemical and biological contamination.
F. Continuous Quality Improvement Program: Rural/Metro shall have a Continuous
Quality Improvement (“CQI”) Program to evaluate patient care services and provide
for appropriate remedial action. The CQI program shall be implemented and
supervised by Rural/Metro's Medical Director or his or her designee.
G. Quality Assurance Committee: Rural/Metro and the Cities shall each appoint two
members to a Quality Assurance Committee that shall meet at least quarterly to
review system issues and performance and as needed to review specific incidents and
issues related to communications or other operational issues.
H. Drug Screening: Rural/Metro shall have a drug screening program for specified
incidents involving its employees and shall work with any requesting City to
establish a random drug testing program consistent with that City’s policies.
23.
Cooperation With the Cities By Rural/Metro: Rural/Metro shall maintain regular
communications with the Cities and shall actively cooperate in all matters pertaining to this Contract
including, without limitation, assisting the Cities in investigating and responding to any and all
00072418
Page 6 of 18
complaints, inspections, or investigations arising in connection with Rural/Metro's provision of
services under this Contract.
ARTICLE IV – SUBSIDY, FEE SCHEDULE AND BUDGET
24.
Compensation for Services: The Cities shall pay a subsidy in the amount set forth on Exhibit
“C” for the initial and first four renewal terms of this Contract. Payments in the amount of one-
twelfth of the annual subsidy shall be made by the 15th day of each month of service. The subsidy
shall be adjusted annually in accordance with increases in the Consumer Price Index, not to exceed
three (3%) percent per annum.
25.
Adjustment to Subsidy. Upon Rural/Metro’s request, Rural/Metro and the Cities shall
review the economics of providing services under this Contract at six months after the Effective
Date, and thereafter, 120 days before the end of each renewal term, to determine whether an
adjustment of the subsidy amount is justified. After such review, upon request of Rural/Metro, any
request for an increase shall be placed on the agenda for approval by the City Councils. The subsidy
for fifth through ninth renewal terms shall be negotiated by the Cities and Rural/Metro and
appropriated by City Councils no later than sixty (60) days prior to the end of the then-current term.
The subsidy may be adjusted at any time by agreement of the parties to account for changes in the
Deployment Plan.
26.
Audits: Rural/Metro shall maintain financial records for its operation under this contract in
accordance with generally accepted accounting principles. All records shall be made available to the
Cities at one location in North Fulton County. The Cities’ representatives may observe
Rural/Metro's operations at any time during normal business hours as often as may reasonably be
deemed necessary. Rural/Metro shall make its records with respect to all matters covered by this
Contract available to the Cities for examination within seventy-two (72) hours of written notice.
The Cities may make copies, excerpts or transcripts from such records, and may conduct audits of all
contracts, invoices, materials, payrolls, inventory records, records of personnel, daily logs,
conditions of employment, and other data related to all matters covered by this Contract. Any
information provided to the Cities shall be confidential to the extent allowed by law.
ARTICLE V - INDEMNIFICATION
27.
Indemnification by Cities: To the extent allowable by law, the Cities hereby agree to defend,
indemnify and hold harmless Rural/Metro and its officers, employees, and agents, from and against
any and all losses (including death), third party claims, damages, liabilities, costs and expenses
00072418
Page 7 of 18
(including but not limited to all actions, proceedings or investigations in respect thereof and any
costs of judgments, settlements, court costs, attorney's fees or expenses, regardless of the outcome of
any such action, proceeding, or investigation), caused by, relating to, based upon, or arising out of
any act or omission by the Cities, their Council members, officers, employees, contractors,
subcontractors, assigns or agents, or otherwise in connection with the Cities’ acceptance,
performance, or nonperformance of its obligations under this Contract. Nothing contained in this
Contract shall be construed to be a waiver of the Cities’ sovereign immunity or any individual's
qualified good faith immunity.
28.
Indemnification by Rural/Metro: Rural/Metro hereby agrees to defend, indemnify and hold
harmless the Cities, their Council members, officers, employees, and agents, from and against any
and all losses (including death), third party claims, damages, liabilities, costs and expenses
(including but not limited to all actions, proceedings or investigations in respect thereof and any
costs of judgments, settlements, court costs, attorney's fees or expenses, regardless of the outcome of
any such action, proceeding, or investigation), caused by, relating to, based upon or arising out of
any act or omission by Rural/Metro, its directors, officers, employees, subcontractors, successor,
assigns or agent of Rural/Metro, or otherwise in connection with Rural/Metro’s acceptance, or the
performance or nonperformance, of its obligations under this Contract.
ARTICLE VI - TERM AND TERMINATION
29.
Term and Effective Date: This Contract will be effective on July 1, 2008 with the initial
term through June 30, 2009, and with automatic renewal terms to follow as set forth below.
30.
Renewal: This Contract will be renewed automatically on July 1, 2009 and under like terms
for nine successive one year terms, subject to (a) the continuing or renewed assignment of
Rural/Metro as the primary provider of 9-1-1 ambulance response in the Cities by the DHR; (b)
agreement by the parties on a subsidy and a schedule of fees and charges (provided that for the first
four renewal terms, the subsidy shall be as set forth on Exhibit C. If funds are not allocated for a
renewal term, this Contract will terminate upon the expiration of the then-existing term; provided
that any Contract term may be extended by agreement of the parties for up to ninety (90) days. In
the event of such an extension, a subsequent renewal term will be shortened by the time of the
extension.
31.
Notice of Default and Opportunity to Cure: The Cities shall have the right to terminate or
cancel the Contract or to pursue any appropriate legal remedy in the event Rural/Metro materially
breaches the Contract and fails to correct or cure such default within thirty (30) days following the
00072418
Page 8 of 18
service on it of a written notice by the Cities specifying the default or defaults complained of and the
date of intended termination. Likewise, Rural/Metro shall have the right to terminate or cancel the
Contract or to pursue any appropriate legal remedy in the event County materially breaches the
Contract and fails to correct or cure such default within thirty (30) days following the service on it of
a written notice by Rural/Metro specifying the default or defaults complained of and the date of
intended termination. If the Contract is terminated pursuant to this paragraph, Rural/Metro shall be
entitled to compensation for services provided up to and including the date of termination stated in
the termination notice.
32.
Definitions of Breach: Conditions and circumstances that shall constitute a material breach
by Rural/Metro shall include but not be limited to the following:
a. Failure of Rural/Metro to conduct its 9-1-1 response operation in the Cities in
substantial compliance with the requirements of the applicable Federal, State, and
Local laws, rules, and regulations. Minor infractions of such requirements shall not
constitute a major breach but willful and repeated breaches shall constitute a material
breach;
b. Falsification of data supplied to the Cities by Rural/Metro in the course of its 9-1-1
operations in the Cities, including by way of example but not by way of exclusion:
dispatch data, patient report data, response time data, financial data, or any other data
required under the Contract;
c. Failure to maintain equipment in accordance with good maintenance practices;
d. Deliberate, excessive, and unauthorized scaling down of operations to the detriment
of performance without consultation with the Cities including, but not limited to,
recurring intentional or routine failures to meet the requirements of the Deployment
Plan.
e.Chronic and persistent failure of Rural/Metro’s employees to conduct themselves in a
professional and courteous manner or to present a professional appearance;
f. Failure to comply with approved rate setting, billing and collection procedures;
g. Repeated failure to meet response time requirements after receiving notice of non-
compliance from the Contract Administrator;
h.Failure of Rural/Metro to provide and maintain the insurance required herein.
i.Unauthorized use of in-service 9-1-1 units for private work.
00072418
Page 9 of 18
ARTICLE VII – PERSONNEL/MANAGEMENT
33.
Critical Incident Stress Debriefing: Rural/Metro shall work with the Cities to establish a
critical incident stress debriefing program and an ongoing stress reduction program for its
employees.
34.
Safety Equipment: Rural/Metro shall evaluate and provide safety equipment for field
personnel consistent with OSHA and ASTM requirements and guidelines.
35.
Organizational Chart: Rural/Metro shall provide the Cities with a current organizational
chart for its Cities / North Fulton County operation.
ARTICLE VIII - MISCELLANEOUS REQUIREMENTS
36.
Disaster Response Requirements: Rural/Metro shall develop a mechanism for immediate
recall of personnel during multiple casualty incidents or widespread disaster situations, which shall
include provision for alerting off-duty personnel. In times of anticipated surge in call volume, such
as approaching severe weather, Rural/Metro shall make a good faith effort to deploy additional
ambulances for 9-1-1 response in the Cities. Additionally, Rural/Metro shall provide a liaison to the
Cities’ designated Emergency Operations Center when requested during times of declared disaster.
37.
Disaster Assistance: Rural/Metro shall cooperate with the Cities in rendering emergency
assistance during a disaster declared by the governing authorities. During such periods, Rural/Metro
will be exempt from all responsibilities for response-time performance and penalties until notified by
the Cities. At the scene of the disaster, Rural/Metro's personnel shall perform in accordance with
local disaster protocols. When Rural/Metro is notified that disaster assistance is no longer required,
Rural/Metro shall return all of its resources to its primary area of 9-1-1 responsibility and shall
resume normal operations in a timely manner. Notwithstanding the foregoing, during the course of
the disaster, Rural/Metro shall use its best efforts to maintain its normal level of 9-1-1 coverage.
38.
Interagency Training: Rural/Metro will participate in interagency training for EMS exercises
and disaster drills.
00072418
Page 10 of 18
39.
Mutual Aid Within North Fulton County: Subject to approval by the Contract Administrator,
Rural/Metro may use 9-1-1 vehicles dedicated to the Cities to provide mutual aid/backup 9-1-1
service in other areas within North Fulton County. Units dedicated to the Cities under this Contract
shall not be used for routine mutual aid to Rural/Metro operations outside of North Fulton County
without prior approval of the Contract Administrator.
40.
Public Information and Education: In addition to participating in public information and
education programs presented by the Cities, Rural/Metro will participate in educating the general
public about issues related to emergency medical services. Rural/Metro shall cooperate with the
efforts of the Cities, existing community groups, service organizations, and shall otherwise support
related local community efforts.
41.
Trip-Report Forms: Rural/Metro will utilize the DHR “Ambulance Trip Report” form or
other appropriate forms to record all patient contacts. Such forms will be accurately completed and
submitted per DHR Policies.
42.
Business Office: Rural/Metro shall maintain a business office within North Fulton County.
43.
Schedule of Fees and Charges: Rural/Metro’s fees and charges for the initial term and first
four renewal terms of the Contract shall not exceed those set forth in Exhibit “D”, provided
however, in the event of significant changes in healthcare reimbursement or expenses (such as fuel
and personnel), Rural/Metro may propose an increase to its schedule of fees and charges upon sixty
(60) days notice to the Contract Administrator. If the Contract Administrator does not object within
this time period, the increase will be deemed approved, such approval not to be unreasonably
withheld.
44.
Incident Command System: Rural/Metro shall be thoroughly familiar with the Incident
Command System of the Cities and shall participate in inter-agency training exercises designed to
enhance the functioning of the Incident Command System. Furthermore, all of Rural/Metro’s
employees who are assigned to 9-1-1 ambulances in the Cities shall be certified in NIMS ICS-100,
200, and 700. Supervisory personnel shall be additionally certified in NIMS ICS-300 and 400.
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ARTICLE IX – PENALTIES
45.
Penalty Provisions: Beginning on the first day of January 2009, the following sanctions will
be employed as penalties for deficient performance:
A. For each 9-1-1 Call (in excess of the 10% allowance) for which Rural/Metro’s
response time exceeded the applicable standard, Rural/Metro shall pay the Cities an
amount equal to $5.00 per full minute that the response time exceeds the required
response time, up to a maximum of $250.00 per incident.
B. Each time a Rural/Metro ambulance is dispatched and the crew fails to report their
“on-scene time" to the appropriate PSAP, after review, Rural/Metro shall pay a
penalty of $250.00. Rural/Metro, may avoid the penalty (1) by providing on-scene
time that satisfies the Cities as being accurate and (2) by demonstrating that there
were mitigating circumstances which prevented it from being reported in a timely
manner. The imposition of the on-scene time penalty shall be in lieu of the response
time penalty of subparagraph 1 above. However, where an on-scene time penalty is
imposed on a particular 9-1-1 Call, the response time for the call shall be deemed to
have exceeded the required response time for purposes of determining 90% response
time compliance.
C. All penalties incurred by Rural/Metro are payable by check or cash to the Contract
Administrator within thirty (30) days of the Rural/Metro’s receipt of an invoice from
the Cities.
ARTICLE X – INSURANCE REQUIREMENTS
46.
Insurance Requirements: Policies and/or certificates certifying policies are to contain an
agreement that the policies will not be changed and or canceled without ten (10) days prior notice to
the Cities, as evidenced by return receipts of registered or certified letters. Policies must be written
by a licensed Georgia agent in a company licensed to write insurance in the State of Georgia and
acceptable to the Cities. Notwithstanding the foregoing, Rural/Metro may satisfy the requirements
of this paragraph by providing documentation of self-insurance at the required levels.
Rural/Metro shall obtain insurance in the following amounts and types:
A. Worker's Compensation - Statutory:
Bodily injury by accident - each accident: $500,000
Bodily injury by disease - total limit: $500,000
Bodily injury by disease - each employee: $500,000
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B. Commercial General Liability Insurance
Bodily Injury and Property Damage Liability
Each Occurrence: $1,000,000
General Aggregate: $2,000,000
Products - Completed Operations
Aggregate Limit: $1,000,000
Personal and Advertising Injury limit: $1,000,000
C. Business Automobile Liability
Bodily Injury and Property Damage $3,000,000
Liability, including operation of owned,
non-owned and hired automobiles.
Umbrella Excess Liability: $2,000,000
Rural/Metro shall provide professional liability insurance coverage in the amount of $2,000,000 for
all Paramedics and EMTs working in the Cities’ 9-1-1 operation.
47.
Insurance Certificates: Rural/Metro will provide the Cities with a copy of an Accord
Certificate of Liability naming Fulton County as an additional ensured and providing for thirty (30)
days’ notice of cancellation or non-renewal (naming the Cities as an additional ensured is not
required for Workers' Compensation). Rural/Metro shall furnish an original certificate of insurance
on an Accord form to the Cities within ten (10) days of notice of award and prior to the Effective
Date. The insurance certificate shall be in effect for the duration of the initial contract term.
ARTICLE XI – INDEPENDENT CONTRACTOR STATUS
48.
Nothing contained herein shall be deemed to create any relationship between the Cities and
Rural/Metro other than that of independent contractors. Under no circumstances shall Rural/Metro,
its directors, officers, employees, agents, successors, contractors, sub-contractors or assigns, be
deemed employees, agents, partners, successors, assigns or legal representatives of the Cities, nor
shall any City, its officers, employees, agents, successors, contractors, sub-contractors or assigns, be
deemed employees, agents, partners, successors, assigns or legal representatives of Rural/Metro. At
all times during its performance hereunder, Rural/Metro shall be considered as an independent
contractor and shall not become or be deemed to be an agent, servant, or employee of any City.
Rural/Metro acknowledges that any and all individuals supplied hereunder to provide the services
required of Rural/Metro must be employees, contractors, or agents of Rural/Metro. As between
Rural/Metro and the Cities, Rural/Metro will be responsible for all FICA, Federal, and State
withholding taxes and worker's compensation coverage, and for any and all employment benefits
due Rural/Metro, its employees, or its agents. Neither the employees of Rural/Metro nor the
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employees of the Cities are entitled to any of the benefits that the other party provides for its
employees.
ARTICLE XIII – MISCELLANEOUS
49.
Dispatch of Ambulances: All Rural/Metro 9-1-1 vehicles will be primarily dispatched by the
PSAPs designated by the Cities, as set forth in the SLA.
50.
Crew Quarters: The Cities will make crew quarters at City fire stations available to
Rural/Metro at a nominal cost.
51.
Assignment: Neither party shall assign this Contract without the prior express written
consent of the other party. Each City and Rural/Metro each binds itself, its successors, assigns, and
legal representatives of such party in respect to all covenants, agreements, and obligations contained
herein, provided that any attempted assignment by Rural/Metro without the prior express written
approval of the Cities shall, at the Cities’ sole discretion, be grounds for terminating this Contract.
52.
Notice: All notices or other communications required or permitted to be given under this
Contract shall be in writing and shall be deemed to have been duly given when delivered personally
in hand, or when mailed by certified or registered mail, return receipt requested with proper postage
prepaid, addressed to the appropriate party at the following address or such other address as may be
given in writing to the parties:
a. City:
________________________
________________________
________________________
with copies to:
________________________
________________________
________________________
and:
________________________
________________________
________________________
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b. Rural/Metro:
Reginald P. James III
Rural/Metro Corporation
1125 Northmeadow Parkway, Suite 120
Roswell, GA 30076
with copies to:
Bryan Gibson
Rural/Metro Corporation
1400 Centerpoint Blvd.
Suite 172
Knoxville, TN 37932
and:
Christopher Kevane
General Counsel
Rural/Metro Corporation
9221 E. Via De Ventura Road
Scottsdale, AZ 85258
and:
Kristofer R. Schleicher
Joyce, Thrasher & Kaiser, LLC.
5 Concourse Parkway
Suite 2350
Atlanta, GA 30328
53.
Governing Law And Consent To Jurisdiction: This Contract is made and entered into in the
State of Georgia and the Contract and the rights and obligation of the Parties hereto shall be
governed by and construed according to the laws of the State of Georgia without giving effect to the
principles of conflicts of law.
54.
Entire Contract: This Contract constitutes the entire agreement of the parties pertaining to
the subject matter hereof and is intended as a complete and exclusive statement of the promises,
representations, negotiations, discussions and agreements oral or otherwise that have been made in
connection therewith.
55.
Amendment: No modification or amendment to this Contract shall be binding upon the
parties unless the same is in writing, signed by the Cities’ and Rural/Metro's duly authorized
representatives, and entered upon the minutes of each City Council; provided however, that the SLA
(Exhibit A) shall be considered a working document that is subject to revision and refinement as
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circumstances dictate over and may be modified by agreement of the Contract Administrator and
Rural/Metro’s Division General Manager, or such other person as Rural/Metro may designate.
Likewise, the modified version of the Emergency Medical Dispatch System (Exhibit B) adopted for
use by the parties may be modified as is determined to be necessary by agreement of the parties and
their respective Medical Directors.
56.
Waiver Of Breach: The waiver by either party of a breach or violation of any provision of
this Contract shall not operate or be construed to be a waiver of any subsequent breach or violation
of the same or other provision thereof.
57.
Force Majeure: Neither the Cities nor Rural/Metro shall be deemed in violation of this
Contract if either is prevented from performing its obligations hereunder for any reason beyond its
control, including but not limited to, acts of God, acts of civil or military authority, acts of public
enemies, war, accidents, fires, explosions, earthquakes, floods, or catastrophic failure of public
transportation, provided however, that nothing herein shall relieve or be construed to relieve
Rural/Metro from performing its obligations hereunder in the event of riots, rebellions, or legal
strikes.
58.
Severability: If any provision of this Contract is held to be unenforceable for any reason, the
unenforceability thereof shall not affect the remainder of the Contract, which shall remain in full
force and effect and be enforceable in accordance with its terms.
59.
Compliance With Applicable Laws: The Cities and Rural/Metro shall at all times observe
and comply with all federal, state, local and municipal ordinances, rules and regulations relating to
the performance of their obligations hereunder or in any manner affecting this Contract.
60.
No Conflict: Rural/Metro represents and warrants that it presently has no interest, direct or
indirect, and covenants and agrees that it will not, during the term of this Contract, acquire any
interest, direct or indirect, that would conflict in any manner or degree with the performance of its
duties and obligations hereunder. Rural/Metro further covenants and agrees for itself, its agents,
employees, directors and officers to comply fully with the provisions of the Georgia law and the
provisions of the Cities’ Code of Ethics governing conflicts of interest of persons doing business
with the Cities, as such provisions now exist or may be amended hereafter. Rural/Metro represents
and warrants that such provisions are not and will not be violated by this Contract or Rural/Metro's
performance hereunder.
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61.
Continuing Participation of Cities: In the event that any City terminates its participation
under this Contract, Rural/Metro and the remaining Cities shall continue to be bound by this
Contract and may adjust the Deployment Plan and Subsidy to the extent necessary to account for the
termination of the participation of a City.
62.
Separate Execution by Cities: This Contract may be executed in counterparts by each City.
(SIGNATURES ON NEXT PAGE)
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IN WITNESS HEREOF, the parties hereto have set their hands and seals.
ATTEST: Rural/Metro Ambulance
By:______________________________
Jack Brucker
President
EMS Ventures, Inc.
ATTEST: City of __________________, Georgia
______________________________ By:_____________________________
____________________, City Clerk ____________________, City Manager
City of ________________________ City of __________________________
APPROVED AS TO SUBSTANCE: APPROVED AS TO FORM:
_______________________________ ________________________________
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EXHIBIT A
SERVICE LEVEL AGREEMENT
THIS AGREEMENT, as it may be amended from time to time by the parties hereto, the same
being EMS Ventures, Inc., a Georgia Corporation d/b/a Rural/Metro Ambulance
(“Rural/Metro”) and Cities of Alpharetta, Johns Creek, Milton, Mountain Park, and Roswell
(hereinafter, the "Cities"), is part of and incorporated in that CONTRACT BETWEEN THE
CITIES OF ALPHARETTA, JOHNS CREEK, MILTON, MOUNTAIN PARK, AND
ROSWELL AND EMS VENTURES, INC. d/b/a RURAL/METRO AMBULANCE, dated
July 1, 2008 (the "Contract").
1. AMENDMENT AND REVISION
1.1 This Agreement is subject to amendment and revision as the parties may find necessary
from time to time to best provide for the welfare of the citizens of Cities.
1.2
(a) Changes to this Agreement can be made with the written consent of the Cities’
Contract Administrator and the Division General Manager for Rural/Metro (or
other person designated by Rural/Metro), provided that this Agreement shall not
be interpreted or amended to conflict with the Contract in any way.
(b) The provisions of the Contract are hereby incorporated by reference, including the
definition of terms.
2. CITIES’ RESPONSIBILITIES
2.1 The Cities shall each appoint one EMS expert to participate as a voting member of the
North Fulton Emergency Response Oversight Committee (EMROC) which shall have the
collective responsibility of the Cities’ EMS system oversight and overall management
and shall appoint the Contract Administrator.
2.2 The Cities shall receive emergency ambulance service requests through the designated
PSAP and dispatch the dedicated Rural/Metro ambulance in accordance with the
modified version of the Emergency Medical Dispatch System adopted by the parties and
attached to the Contracts as Exhibit "E" to the Contract.
2.3 The PSAP shall provide Rural/Metro with electronic data records of every call on which
Rural/Metro was dispatched within the Cities on a daily basis. An end-of-month report
shall be provided by the close of business on the tenth day of the following month. Such
reports shall be clearly marked as "PRELIMINARY DRAFT REPORT" with an
explanatory note reading “The data in this report is subject to verification and adjustment
for contractual exemptions.”
2.4 Within thirty (30) days of receiving a request to exempt certain calls from the calculation
of response time compliance (as provided below), the Contract Administrator shall
respond with a list of the requested exemptions to which it objects. If no objection is
{00072771. }
filed within this time, the requests for exemption(s) shall be granted. Rural/Metro shall
have ten (10) days to appeal any objection by the Contract Administrator to EMROC,
whose decision shall be final. After all requests for exemptions for a calendar month
have been granted or denied, Rural/Metro shall produce final response time excluding
exempted calls from the fractile analysis reports. This report will be signed by the
Contract Administrator.
2.5 Each PSAP shall provide Rural/Metro reasonable access to computer records, audiotapes,
document/tape retention and destruction policies, and any other documentation pertaining
to the PSAP’s dispatch of Rural/Metro for the purposes of Quality
Assurance/Improvement audits. The PSAP shall designate a representative to facilitate
Rural/Metro’s requests for access and information.
2.6 The Cities shall participate in periodic Quality Assurance/Improvement initiatives with
Rural/Metro to continually improve the operational level of services provided under the
Contracts.
2.7 The PSAP shall provide access passes or escorted access to the PSAP for Rural/Metro
management personnel who have been previously identified to the Cities.
2.8 Each of the Cities shall designate a senior management official who will be available to
Rural/Metro twenty-four hours a day, seven days a week to address issues of concern.
3. RURAL/METRO'S RESPONSIBILITIES
3.1 Deployment Plan:Rural/Metro shall staff and deploy four Advanced Life Support
ambulances, 24 hours a day, seven days a week, and two Advanced Life Support
ambulances, 12 hours a day, seven days a week, dedicated to responding to 911 Calls
within the Cities. The ambulances shall be staffed with one licensed Paramedic and one
other licensed Paramedic or Emergency Medical Technician.
3.2 Rural/Metro shall notify the PSAP of the status of every ambulance assigned to the North
Fulton County area for emergency ambulance response on a continuous real-time basis.
3.3 Rural/Metro shall provide the Contract Administrator a list of all calls it believes should
be exempted from calculation of response time compliance (as provided below) no later
than fifteen (15) days after receiving the end of the month reports from the PSAP.
3.4 In addition to Rural/Metro’s standard markings, the dedicated ambulance will be
identified by a decal with “North Fulton 911” on the back and sides of the ambulance.
3.5 Crews will observe all station rules and share station duties under the direction of the
Station Officers.
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3.6 Rural/Metro shall provide the Contract Administrator with information concerning any
back-up provider utilized by Rural/Metro. Such information shall include the name of
the company, 24-hour contact information, radio system and frequencies used, and a
management level employee to contact. Any change in this information, including a
change in providers, must be communicated to the Contract Administrator prior to the
change when feasible, but in any event, no later than 24 hours after the change is made.
Rural/Metro shall not utilize back-up providers for more then five (5%) percent of all
calls.
3.7 Rural/Metro shall designate a senior management official who will be available to the
Cities twenty-four hours a day, seven days a week to address issues of concern.
3.8 Rural/Metro shall appoint one EMS expert to participate as a non-voting member of
EMROC.
3.9 For such time as Fulton County continues to be a designated PSAP for any of the Cities,
Rural/Metro will continue to provide a system status management plan monitor at Fulton
County no less than sixteen (16) hours a day.
4. SYSTEM PERFORMANCE
4.1 Dispatch Standards: The parties intend for the designated PSAPs to meet the following
standards:
(a)Call Triage: Ambulances shall be dispatched as soon as a preliminary
determination of call priority can be made. Triage shall continue while the
ambulance is enroute and the response mode made be adjusted as appropriate.
(b)Time to Dispatch: The PSAP shall make its best efforts to dispatch ambulances
within one minute of receiving a call.
(c)The PSAP shall provide EMROC and Rural/Metro a report of all times related to
the dispatching of Rural/Metro Ambulances (including any times related to PSAP
to PSAP call transfers) such that the entire time involved in call-taking and
dispatch is available for monthly review.
4.2 Ambulance Response Time Standards: The parties intend for the system to meet the
following standards, with proper management and staffing of the number of ambulances
required by the Deployment Plan:
(a) Presumptive Emergencies: An Advanced Life Support ambulance shall arrive at
the scene of Presumptive Emergency calls (as reported to Rural/Metro by the
appropriate PSAP) within eight (8) minutes in any Urban Area and ten (10)
minutes in any Suburban Area, on not less than 90 percent of all calls in any
calendar month. Designation of suburban areas, if any, shall be made by the
parties within 180 days of the Effective Date.
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(b) Presumptive Non-emergencies: Rural/Metro shall place an Advanced Life
Support ambulance at the scene of Presumptive Non-emergency calls (as reported
to Rural/Metro by the appropriate PSAP) within fifteen (15) minutes in any Urban
Area and twenty (20) minutes in any Suburban Area, on not less than 90 percent
of the calls in any calendar month. Designation of suburban areas, if any, shall be
made by the parties within 180 days of the Effective Date.
(c) Community Standard: The foregoing standards shall be used for determining
Rural/Metro’s compliance under this Agreement, notwithstanding the adoption of
lower standards by Fulton County, the DHR, the District III EMS Council, or any
other administrative or governmental entity.
4.3 Measuring Response Time: For purposes of evaluating fractile response time
performance, response time shall be measured as the elapsed time between time the
PSAP dispatches a Rural/Metro ambulance and the time a Rural/Metro ambulance arrives
on the scene. Compliance will be measured within the boundaries of each of the Cities.
Response time calculations will be based on whole minutes until such time as it becomes
technically feasible for the PSAP to calculate and report response times in seconds.
(a)In case of a multiple-response incident (i.e. where more than one ambulance is
sent to the same incident), only the response time of the first arriving,
appropriately staffed and equipped ambulance shall be counted.
(b)On scene time shall be measured from the moment an ambulance crew notifies
the PSAP that it has arrived at the incident location. Responses to locations
lacking access by way of a street or road maintained for public or private use shall
be measured as the interval between the time of dispatch and the moment the
responding crew advises the PSAP they are leaving the maintained street or road
to access the patient. In situations when the ambulance has responded to a
location other than the scene (i.e., staging area), on scene time shall be the time
the ambulance arrives at the designated staging location.
(c)If a presumptive run code classification (priority) is upgraded to a higher response
(i.e., Presumptive Non-Emergency to Presumptive Emergency) while the
ambulance is enroute – the applicable priority for compliance purposes shall be
the upgraded priority. However, the response time shall be measured from the
moment of upgrade except when the call was upgraded after the expiration of the
applicable response time standard for the initial priority designation. In such
instances, the response time shall be measured from the original dispatch using
the original priority designation. However, the maximum response time may not
exceed twenty (20) minutes.
(d)If a presumptive run priority is downgraded to a lower priority while the
ambulance is enroute, the applicable priority for compliance purposes shall be the
downgraded priority. The response time shall be measured from the original
dispatch except when the call was downgraded after the applicable response time
standard has expired. In such instances, the response time shall be measured from
the original dispatch to the time of the downgrade using the original priority
classification.
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4.4 Review of Response Time Standard and Resource Allocations. The Cities and
Rural/Metro agree to meet no less often than monthly to review system performance and
the sufficiency of resource deployment to meet response time standards.
(a)If at any time it appears the system cannot achieve the response time standards
with the resources required by the Deployment Plan because of call demand (as
opposed to deficiencies for which Rural/Metro is responsible, such as a failure to
staff the required resources, crews not adhering to the posting plan, crews failing
to report when back in service, etc.) then the parties will first consider
adjustments to the post plan to improve response times.
(b)If adjustments to the posting plan alone will not yield sufficient improvement, the
parties will either (1) adjust the response time standards to that which realistically
can be achieved with the resources funded by the Cities under the Deployment
Plan or (2) propose to the City Councils an increase in funding to finance the
additional resources required to achieve the current standards.
(c)In the event the Deployment Plan provides a higher level of coverage than is
required by call demands, the parties may decrease the resources deployed and
adjust the subsidy accordingly.
4.5 Calculating Response Time Penalties: If Rural Metro fails to meet the response time
standards above for reasons other than demand exceeding the resources required by the
Deployment Plan, per-minute penalties shall be assessed against Rural/Metro based on
Rural/Metro's longest responses for the month, using the number of responses equal to
the percentage of non-compliance (e.g., compliance of 88% means 2% of calls are non-
compliant so that penalties will be assessed on the number of calls constituting 2%,
starting with the longest non-compliant responses). Beginning on the first day of the
seventh month after the Effective Date, the following sanctions will be employed as
penalties for deficient performance:
(a) For each 911 Call dispatched to Rural/Metro within Rural/Metro's Service Area
which was not responded to within the applicable response time, Rural/Metro
shall pay the County an amount equal to $5.00 per full minute that the response
time exceeds the required response time, up to a maximum of $250.00 per
incident.
(b) Each time a Rural/Metro ambulance is dispatched and the crew fails to report
their on-scene arrival time to the appropriate PSAP, after review, Rural/Metro
shall pay a penalty of $250.00. Rural/Metro, may avoid the penalty (1) by
providing on-scene time that satisfies the Cities as being accurate and (2) by
demonstrating that there were mitigating circumstances which prevented it from
being reported in a timely manner. The imposition of the on-scene time penalty
shall be in lieu of the response time penalty of subparagraph 1 above. However,
where an on-scene time penalty is imposed on a particular 911 Call, the response
time for the call shall be deemed to have exceeded the required response time for
purposes of determining 90% response time compliance.
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4.6 Calls Exempted from Response Time Compliance Calculation: For purposes of
measuring response time compliance for the assessment of penalties under the Contract,
the following responses shall be exempted:
(a)Responses cancelled prior to the arrival of Rural/Metro on the scene.
(b)Responses not resulting in patient contact, unless the call was cancelled after
expiration of the applicable response time standard shall.
(c)Responses delayed because the PSAP failed to dispatch the closest appropriate
unit to all request locations, as would be determined by a reasonable and prudent
dispatcher under the same circumstances, or because the PSAP failed to adjust the
system to conform to the System Status Management Plan (SSMP) within five (5)
minutes of the last system level change.
(d)Responses during an unpredictable system overload (to be defined by the parties
as call demand that is a specified level above the historical demand for the prior
three (3) months).
(e)Responses during the time Rural/Metro is responding to a single emergency
requiring more than two ambulances (such as a bus wreck or multi-vehicle pile
up).
(f)Responses during a declared disaster anywhere in North Fulton County or a
declared disaster in a neighboring jurisdiction which has requested assistance
from the Cities.
(g)Responses delayed by transmission of erroneous, incomplete, or inaccurate
information by a PSAP, including but not limited to incorrect addresses or
locations.
(h)Responses delayed due to inclement weather resulting in slowed traffic patterns
and/or hazardous driving conditions reported by crews to the PSAP while enroute
or that are reasonably documented by other means after the response (e.g.,
moderate/heavy rain, sleet, snow).
(i)Responses delayed due to local hospital diversions causing units to transport
patients past the closest appropriate facilities and/or Emergency Room patient
saturation levels causing excessive off-load delays for ambulance crews, provided
that the delays are reported to the PSAP by crews while enroute or are reasonably
documented by other means after the response.
The response time for a 911 Call may also be excluded when the Contract Administrator
determines there is other good cause for an exception. The grounds for the exception
must have been a substantial factor in producing the particular response time, and
Rural/Metro must have made a good faith effort to comply with the appropriate standard.
5. OTHER PROVISIONS
5.1 Agreement to Meet. The Cities and Rural/Metro agree to meet at least monthly to review
the services provided under the Contract and this Agreement.
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5.2 External Communications. The Cities and Rural/Metro agree to notify and coordinate
with each other regarding public statements, press releases, and press inquiries regarding
matters covered by the Contract.
5.3 Dispatch Agreements with Other PSAPs. The Cities agree to include Rural/Metro in the
negotiation of any written agreements with other municipal PSAPs concerning the direct
dispatch of Rural/Metro ambulances in the Cities. Rural/Metro will not enter into any
such agreements without the Cities’ consent.
5.4 Standard Operating Procedures. The Cities and Rural/Metro shall work together to
continually improve the Standard Operating Procedures used by the Cities in the dispatch
of Rural/Metro ambulances and shall cooperate in training of Cities and Rural/Metro
employees regarding the same.
5.5 Reimbursement for Back-up Services. The parties will use their best efforts to identify
and implement a mechanism for activating the Cities’ transport capable first responder
unit as a backup ambulance to respond to 9-1-1 Calls in the Cities when needed, and to
reimburse the Cities for the labor costs of Cities employees who staff the back-up
ambulance during such activation, to the extent permitted by law.
This Service Level Agreement, which supersedes any previous SLA, was approved on
_________________, 2008 by:
RURAL/METRO CITIES
By: ________________________________ By: ________________________________
Division General Manager Contract Administrator for Cities
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Exhibit B
EMERGENCY MEDICAL DISPATCH SYSTEM
Dispatch Determinants
Determinant Code Determinant Descriptors
Response Level:
Emergency vs.
Non-Emergency
1 ABDOMINAL PAIN/PROBLEMS
1A1 Abdominal Pain N
1C1 Fainting or near fainting ≥50 E
1C2 Females with fainting or near fainting 12-50 E
1C3 Males with pain above the navel ≥35 E
1C4 Females with pain above the navel ≥45 E
1D1 Nt alert E
2 ALLERGIES(REACTIONS)/ENVENMATIONS (stings,
bites)
2A1 N difficulty breathing or swallowing (Rash, hives or itching
may be present) N
2A2 Spider bite N
2B1 UnkNwn status (3rd party caller) E
2C1 Special medications or injecitons used E
2C2 Difficulty breathing or swallowing E
2D1 Severe respiratory distress E
2D2 Nt alert E
2D3 Condition Worsening E
2D4 Swarming Attack (bee, wasp, hornet) E
2D5 Snakebite E
2E1 Ineffective breathing E
3 ANIMAL BITES/ATTACKS
3A1 Nt dangerous body area N
3A2 Nn Recent injuries (≥6hrs) N
3A3 Superficial bites N
3B1 Possibly dangerous body area E
3B2 Serious Hemorrhage E
3B3 UnkNwn status (3rd party caller) E
3D1 Unconscious or Arrrest E
3D2 Nt alert E
3D3 Dangerous body area E
3D4 Large animal E
3D5 Exotic animal E
3D6 Attack or multiple animals E
Determinant Code Determinant Descriptors
Response Level:
Emergency vs.
Non-Emergency
4 ASSAULT/SEXUAL ASSAULT
4A1A Nt Dangerous body area N
4A1S Nt Dangerous body area N
4A2A Nn-Recent injuries (=> 6 hours) N
4A2S Nn-Recent injuries (=> 6 hours) N
4B1A Possibly Dangerous body area E
4B1S Possibly Dangerous body area E
4B2A Serious hemorrhage E
4B2S Serious hemorrhage E
4B3A UnkNwn status (3rd party caller) E
4B3S UnkNwn status (3rd party caller) E
4D1A Unconscious or Arrest E
4D1S Unconscious or Arrest E
4D2A Nt Alert E
4D2S Nt Alert E
4D3A AbNrmal Breathing E
4D3S AbNrmal Breathing E
4D4A Dangerous body area E
4D4S Dangerous body area E
4D5A Multiple victims E
4D5S Multiple victims E
5 BACK PAIN (NN TRAUMATIC OR NN RECENT
TRAUMA)
5A1 Nn traumatic back pain N
5A2 Nn-recent traumatic back pain -> 6 hrs N
5C1 Fainting or near fainting =>50 E
5D1 Nt alert E
6 BREATHING PROBLEMS
6C1 AbNrmal breathing E
6C2 Cardiac history E
6D1 Severe respiratory distress E
6D2 Nt alert E
6D3 Clammy E
6E1 Ineffective breathing E
7 BURNS (SCALDS) / EXPLOSIONS
7A1 Burns <18% body area N
7A2 Fire alarm (unkNwn situation) N
7A3 Sunburn or miNr burns (< hand size) N
7B1 UnkNwn status (3rd party caller) E
7C1 Building fire with persons reported inside E
7C2 Difficulty breathing E
7C3 Burns >18% body area E
Determinant Code Determinant Descriptors
Response Level:
Emergency vs.
Non-Emergency
7D1 Multiple victims E
7D2 Unconscious or arrest E
7D3 Severe respiratory distress E
7D4 Nt alert E
8 Carbon MoNxide/Inhalation/Hazmat
8Ώ1 Carbon moNxide detector alarm(without priority
symptoms) N
8B1 Alert without difficulty breathing E
8C1 Alert with difficulty breathing E
8D1 Unconscious or Arrest E
8D2 Severe Respiratory Distress E
8D3 Hazmat E
8D4 Nt alert E
8D5 Multiple Victims E
8D6 UnkNwn status (3rd party caller) E
9 Cardiac or Respiratory Arrest/Death
9Ώ1 Expected death unquestionable (x thru z) N
9B1 Obvious death unquestionable (a through i) E
9D1 Ineffective breathing (discovered during Key Questioning
only) E
9E1 Nt breathing at all E
9E2 Breathing uncertain (AGONAL) E
9E3 Hanging E
9E4 Strangulation E
9E5 Suffocation E
9E6 Underwater E
10 CHEST PAIN (Nn-Traumatic)
10A1 Breathing Nrmally <35 years of age N
10C1 AbNrmal breathing E
10C2 Cardiac History E
10C3 Cocaine E
10C4 Breathing Nrmally >35 years of age E
10D1 Severe respiratory distress E
10D2 Nt alert E
10D3 Clammy E
11 CHOKING
11A1 Nt choking Nw (can talk or cry, is alert and breathing
Nrmally) N
11D1 Nt alert E
11D2 AbNrmal breathing (partial obstruction) E
11E1 Choking verified/ineffective breathing E
Determinant Code Determinant Descriptors
Response Level:
Emergency vs.
Non-Emergency
12 Convulsions/Seizures
12A1 Nt seizing Nw and breathing regularly (verified) N
12B1 Breathing regularly Nt verified < 35 E
12C1 Pregnancy E
12C2 Diabetic E
12C3 Cardiac history E
12D1 Nt breathing (after key questioning) E
12D2 Continuous or multiple seizures E
12D3 Irregular breathing E
12D4 Breathing regularly Nt verified > 35 E
13 Diabetic Problems
13A1 Alert and behaving Nrmally N
13C1 Nt alert E
13C2 AbNrmal behavior E
13C3 AbNrmal breathing E
13D1 Unconscious E
14 DROWNING (Near)/ Diving/Scuba Accident
14A1 Alert and breathing Nrmally (N injuries and out of water) N
14B1 Alert and breathing Nrmally (injuries or in water) E
14B2 UnkNwn status (3rd party caller) E
14C1 Alert with abNrmal breathing E
14D1 Unconscious E
14D2 Nt alert E
14D3 Diving or suspected neck injury E
14D4 SCUBA incident E
15 Electrocution/Lightning
15C1 Alert and Breathing Normally E
15D1 Unconscious E
15D2E Nt disconnected from power E
15D3E Power Nt off or hazard present E
15D4 Long fall (greater than 6 ft./2m) E
15D5 Nt alert E
15D6 AbNrmal breathing E
15D7 UnkNwn status (3rd party caller) E
15E1 Not Breathing/Ineff Breathing E
16 Eye Problems/Injuries
16A1 Moderate eye injuries N
16A2 MiNr eye injuries N
16A3 Medical eye problems N
16B1 Severe eye injuries E
Determinant Code Determinant Descriptors
Response Level:
Emergency vs.
Non-Emergency
16D1 Nt alert E
17 Falls
17Ώ1 Public assist (N injuries and N priority symptoms) N
17A1 Nt dangerous body area N
17A2 Nn-recent (≥6hrs) injuries (w/o priority symptoms N
17B1 Possibly dangerous body area E
17B2 Serious hemorrhage E
17B3 UnkNwn status (3rd party caller) E
17D1 Dangerous body area E
17D2 Long fall (≥6ft/2m) E
17D3 Unconscious or Nt alert E
17D4 AbNrmal breathing E
18 Headache
18A1 Breathing Nrmally N
18B1 UnkNwn status (3rd party caller) E
18C1 Nt alert E
18C2 AbNrmal breathing E
18C3 Speech problems E
18C4 Sudden onset of severe pain E
18C5 Numbness E
18C6 Paralysis E
18C7 Change in behavior (≤3hrs) E
19 Heart Problems / A.I.C.D.
19A1 Heart rate >50 bpm and <130 bpm(without priority
symptoms) N
19A2 Chest pain <35 (without priority symptoms) N
19B1 UnkNwn status (3rd party caller) E
19C1 Firing of A.I.C.D. E
19C2 AbNrmal breathing E
19C3 Chest pain >35 E
19C4 Cardiac history E
19C5 Cocaine E
19C6 Heart rate < 50bpm or >130 bpm (without priority
symptoms) E
19D1 Severe Respiratory Distress E
19D2 Not Alert E
19D3 Clammy E
20 Heat/Cold Exposure
20A1 Alert N
20B1 Change in skin color E
20B2 UnkNwn status (3rd party caller) E
Determinant Code Determinant Descriptors
Response Level:
Emergency vs.
Non-Emergency
20C1 Cardiac history E
20D1 Nt alert E
20D2 Multiple victims (with priority symptoms) E
21 Hemorrhage/Lacerations
21A1 Nt dangerous hemorrhage N
21A2 MiNr hemorrhage N
21B1 Possibly dangerous hemorrhage E
21B2 Serious hemorrhage E
21B3 Bleeding disorder or blood thinners E
21C1 Hemorrhage through tubes E
21D1 Dangerous hemorrhage E
21D2 Nt alert E
21D3 AbNrmal breathing E
22 Inaccessible Incident/Other Entrapments (Nn-
Vehicle)
22A1 N longer trapped (N injuries) N
22B1 N longer trapped (unkNwn injuries) E
22B2 Peripheral entrapment only E
22B3 UnkNwn status (investigation) E
22D1 Mechanical/machinery entrapment E
22D2 Trench collapse E
22D3 Structure collapse E
22D4 Confined space entrapment E
22D5 Inaccessible terrain situation E
22D6 Mudslide/avalanche E
23 Overdose/Poisoning (Ingestion)
23Ώ1 Poison (without priority symptoms) N
23B1 Overdose (without priority symptoms) E
23C1 Violent (police must secure) E
23C2 Nt alert E
23C3 AbNrmal breathing E
23C4 Antidepressants (tricyclic) E
23C5 Cocaine (or derivative) E
23C6 Narcotics (heroin) E
23C7 Acid or alkali (lye) E
23C8 UnkNwn status (3rd party caller) E
23C9 Poison control request for response E
23D1 Unconscious E
23D2 Severe respiratory distress E
24 Pregnancy / Childbirth / Miscarriage
Determinant Code Determinant Descriptors
Response Level:
Emergency vs.
Non-Emergency
24Ώ1 Waters broken (N contractions) N
24A1 1st Trimester hemorrhage or Miscarriage N
24B1 Labor (delivery Nt imminent, >5months/20 weeks E
24B2 UnkNwn status (3rd party caller) E
24C1 2nd Trimester hemorrhage or Miscarriage E
24C2 1st Trimester serious hemorrhage E
24D1 Breech or Cord E
24D2 Head visible/out E
24D3 Imminent delivery (> 5 months/20 weeks) E
24D4 3rd Trimester hemorrhage E
24D5 High risk complications E
24D6 Baby born E
25 Psychiatric / AbNrmal Behavior / Suicide Attempt
25A1 Nn-suicidale and alert N
25A2 Suicidal (Nt threatening) and alert N
25B1 Serious hemorrhage E
25B2 Nn-serious or MiNr hemorrhage E
25B3 Threatening Suicide E
25B4 Jumper (threatening) E
25B5 Near hanging, strangulation, or suffocation (alert) E
25B6 UnkNwn status (3rd party caller) E
25D1 Nt alert E
25D2 Dangerous hemorrhage E
26 Sick Person (Specific DiagNsis)
26A1 N priority symptoms (complaint conditions 2-28 Nt
identified) N
26A2-28 Nn-priority complaints N
26B1 UnkNwn status (3rd party caller) E
26C1 Cardiac history (complaint conditions 2-28 Nt identified) E
26D1 Nt alert E
27 Stab / Gunshot / Penetrating Trauma
27A1 Nn-recent (>6 hrs) Peripheral wounds N
27B1 Nn-recent (>6 hrs) single Central wound E
27B2 KNwn single Peripheral wound E
27B3 Serious hemorrhage E
27B4 UnkNwn status (3rd party caller) E
27B5 Obvious Death (explosive GSW to head) E
27D1 Unconscious or Arrest E
27D2 Nt alert E
27D3 Central Wounds E
27D4 Multiple wounds E
Determinant Code Determinant Descriptors
Response Level:
Emergency vs.
Non-Emergency
27D5 Multiple victims E
28 Stroke (CVA)
28A1 Breathing Nrmally <35 N
28B1 UnkNwn status (3rd party caller) E
28C1 Nt alert E
28C2 AbNrmal breathing E
28C3 Speech OR movement problems E
28C4 Numbness or tingling E
28C5 Vision problems E
28C6 Sudden onset of severe headache E
28C7 Stroke history E
28C8 Breathing Nrmally >35 E
29 Traffic / Transportation Accidents
29Ώ1 N injuries (confirmed) N
29A1 1st party caller with injury to Nt Dangerous body area N
29B1 Injuries E
29B2 Multiple victims (one unit) E
29B3 Multiple victims (additional units) E
29B4 Serious hemorrhage E
29B5 Other hazards E
29B6 Unkown status (3rd party caller) E
29D1 Major Incident (a through e) E
29D2 High Mechanism (a through g) E
29D3 HAZMAT E
29D4 Pinned (trapped) victim E
29D5 Nt alert E
30 Traumatic Injuries (specific)
30A1 Nt Dangerous body area N
30A2 Nn-recent injuries (>6 hrs) N
30B1 Possibly dangerous body area E
30B2 Serious hemorrhage E
30D1 Dangerous body area E
30D2 Unconscious or Nt alert E
30D3 AbNrmal breathing E
31 Unconscious / Fainting (Near)
31A1 Single or near fainting episode and alert < 35 N
31C1 Alert with abNrmal breathing E
31C2 Cardiac hsitory E
31C3 Multiple fainting episodes E
31C4 Single or near fainting episode and alert > 35 E
31C5 Females 12-50 with abdominal pain E
Determinant Code Determinant Descriptors
Response Level:
Emergency vs.
Non-Emergency
31D1 Unconscious (at end of interrogation) E
31D2 Severe Respiratory Distress E
31D3 Nt alert E
31E1 Ineffective breathing *(to be selected from case entry
only) E
32 UnkNwn Problem (Man Down)
32B1 Standing, sitting, moving, or talking 2
32B2 Medical Alert Ntifications 2
32B3 UnkNwn status (3rd party caller) 2
32D1 Life Status Questionable 1
33 Transfer / Interfacility / Palliative Care
33A1 Acuity I (N priority symptoms) N
33A2 Acuity II (N priority symptoms) N
33A3 Acuity III (N priority symptoms) N
33C1 Nt alert (acute change) E
33C2 AbNrmal breathing (acute onset) E
33C3 Significant hemorrhage or shock E
33C4 Possible acute heart problesm or MI (heart attack) E
33C5 Acute severe pain E
33C6 Emergency response requested E
33D1 Suspected cardiac or respiratory arrest E
Exhibit C
Annual Subsidy Requirements
Base amount before adjustment for inflation for initial term and renewal terms 1-4:
Alpharetta $132,250.00
Johns Creek $132,250.00
Milton $132,250.00
Roswell/Mountain Park $132,250.00
Notes:
1)Annual subsidies shall be paid in twelve equal monthly installments by the 15th day of
each applicable month.
2)Subsidies shall be increased each year in accordance with the Consumer Price Index, not
to exceed 3% per annum.
3)Annual subsidies for subsequent terms shall be determined pursuant to the Contract.
4)The subsidies may be adjusted by agreement of the parties under the terms of the
Contract.
Date: ________________________
{00072764. }
Bylaws of the North Fulton
Emergency Medical Response
Oversight Committee
BYLAWS AND
CONSTITUTION OF THE NORTH FULTON
EMERGENCY MEDICAL RESPONSE OVERSIGHT
COMMITTEE
ARTICLE I.
NAME
The name of this organization shall be the North Fulton Emergency Medical Oversight
Committee (hereinafter referred to as “EMROC”).
ARTICLE II
PURPOSES
Without limiting the generality of any purposes allowed by law, the general purpose of
EMROC is to effect ways and means of providing maximum efficiency and economy in
the coordination of emergency medical response issues and services for the citizens of the
municipalities located in whole or in part within North Fulton County, to wit the Cities
of: Alpharetta, Johns Creek, Milton, Mountain Park, Roswell, and Sandy Springs.
ARTICLE III
RULES AND REGULATIONS
The Board of Directors shall promulgate such rules and regulations as the Board of
Directors may deem necessary or expedient for the government of EMROC and the
operation, management and maintenance of such matters as the Board of Directors may
determine appropriate from time to time.
ARTICLE IV
MEMBERSHIP
Section 1. Membership
The membership of this association shall be composed of the elected officials of each
Member City located in whole or in part within North Fulton County, the City Managers
of each Member City, such staff as designated by the City Manager, and one emergency
physician to serve as the Medical Advisor to EMROC who shall be appointed by the
Board of Directors. In addition, the membership shall include the following members ex-
officio who shall be allowed to attend and participate in meeting, but shall not have
voting privileges: (1) one person designated by the North Fulton Zone EMS Provider, and
(2) one person designated by each EMS Communications Center carrying out duties
within any Member City, if such center is not already located within a Member City.
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Bylaws of the North Fulton
Emergency Medical Response
Oversight Committee
Section 2. Eligibility
A city located in whole or in part within North Fulton County may become a Member
City of EMROC upon a majority vote of the elected officials of such city; provided that
such city levies an ad valorem tax or is presently recognized under an existing charter. A
Member City may resign membership in EMROC upon a majority vote of the elected
officials of such city. In the event of such resignation, there shall be no refund of sums
paid for the operation of EMROC, if any.
ARTICLE V
BOARD OF DIRECTORS
Section 1. Membership
EMROC shall have a Board of Directors which shall consist of the City Managers of
each Member City or such representative from the Member City as the City Manager
may designate, and the Medical Advisor to EMROC appointed as set forth in Article IV,
Section 1 hereof.
ARTICLE VI
OFFICERS
Section 1. Named Officers
The Board of Directors shall have officers consisting of a Chairman, a Vice Chairman, a
Secretary/Treasurer, and such other officers as the Board of Directors shall designate
from time to time.
Section 2. Qualifications for Office
Only members of the Board of Directors, as set forth in Article V, Section 1, shall be
eligible to hold office as officers pursuant to this Section.
Section 3. Term of Office
The term of office for the Board of Directors shall be contemporaneous with the term in
which the respective City Manager serves as city manager of the Member City.
Section 4. Election of Officers
The enumerated officers, and any other elected officers as deemed necessary by the
Board of Directors, shall be elected by the Board of Directors by a majority of its
membership at a meeting to occur between the dates of April 1 to June 30 of each year in
which offices are expiring. Nominations will also be accepted from the floor at the time
of the election. Vacancies in any office shall be filled by appointment of the Board of
Directors until such time as the next election.
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Bylaws of the North Fulton
Emergency Medical Response
Oversight Committee
ARTICLE VII
POWERS AND DUTIES OF OFFICERS
Section 1. Duties of the Chairman
The Chairman shall preside over meetings of the Board of Directors and general meetings
of EMROC and shall have the right to vote on all matters before the Board of Directors
or EMROC. The Chairman shall further have such general powers and responsibilities as
may be delegated by the Board of Directors and shall perform or cause to be performed
the duties incident to such general powers and responsibilities. The Chairman shall
execute (sign, seal and deliver), in the name of EMROC, all written instruments of every
kind and character which the Chairman is authorized to execute. Unless otherwise
delegated by the Board of Directors, the duties of the Chairman shall also include: (1)
attendance at all functions in which representative of EMROC is requested and approved
to attend on behalf of EMROC; and (2) presiding over meetings.
Section 2. Duties of the Vice Chairman
The Vice Chairman, in the absence or disability of the Chairman, shall exercise the
powers and perform the duties of the Chairman. The Vice Chairman shall in addition
exercise such other powers and perform such other duties as from time to time may be
assigned to the Vice Chairman by the Board of Directors.
Section 3. Duties of the Secretary/Treasurer
The Secretary/Treasurer shall be the custodian of the books and records of EMROC.
Without limiting the foregoing, the Secretary/Treasurer shall have the following powers
and duties:
(1) Keep written minutes of all Association and Board of Directors meetings to be
prepared and mailed out to membership within one (1) week following the
conclusion of any meeting.
(2) Have custody of the book of minutes and the seal of EMROC and shall attest, and
affix EMROC seal to, such documents, including all contracts of EMROC, as
EMROC or the Chairman may direct or as the law may require.
(3) Give, or cause to be given, notice of all meetings of EMROC, Association
Committees, and the Board of Directors as provided for by these Bylaws and shall
cause the minutes to reflect proof of the giving of all required notices.
(4) Keep a full set of all resolutions of EMROC and Board of Directors, separately
indexed by date and subject matter.
(5) Administer the funds of EMROC.
(6) Perform such duties incident to the office of Secretary/Treasurer as the Board of
Directors may direct.
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Bylaws of the North Fulton
Emergency Medical Response
Oversight Committee
It is contemplated that the Secretary/Treasurer may delegate any of the above duties
during the course of serving as Secretary/Treasurer so long as such duties are adequately
completed.
ARTICLE VIII.
MEETINGS OF THE BOARD OF DIRECTORS
Section 1. Required Meetings / Meetings / Special Meetings
The Board of Directors shall hold an annual meeting between the dates of April 1 and
June 30 of each year with the date to be set by the Board of Directors, and may hold other
regular or special meetings as often as it deems appropriate and necessary. A special
meeting may be called by the Chairman or by three (3) members of the Board of
Directors with a minimum of five (5) days notice.
Section 2. Meeting Agendas
The Chairman shall prepare the agenda for meetings of the Board of Directors. A copy of
the agenda shall be included in the notice of the call for meeting delivered to the
Secretary/Treasurer for inclusion in the notice of the meeting.
Section 3. Notice
(1) Timing
At least ten (10) days prior to a meeting, the Secretary/Treasurer shall cause notice of
such meeting, including the agenda for the meeting, to be given to the City Manager and
City Clerk of each Member City.
(2) Content of Notice
The notice shall set forth the date and time and place of the meeting. The notice shall
include the agenda for the meeting, describing the business to be transacted at or the
purpose of the meeting. The notice to the members may contain such additional matter as
the Chairman or person or persons calling a special meeting may direct.
(3) Delivery of Notice
Notice of a regularly scheduled or special meeting to be given to members and to legal
counsel may be delivered in person or through courier, by facsimile transmission to the
number provided by the intended recipient, by telegram, by any form of first class mail to
the address provided by the intended recipient, by e-mail to an e-mail address provided
by the intended recipient, or by statutory overnight delivery to the address provided by
the intended recipient. In the latter cases, notice shall be deemed given when the notice is
delivered to a telephone company for transmission, or when the notice is deposited in the
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Bylaws of the North Fulton
Emergency Medical Response
Oversight Committee
mail properly addressed with first class postage prepaid, or when the communication is
sent, or when the delivery of the notice is made to the delivery service.
Section 4. Conduct of Meetings
(1) Quorum and Voting.
At all meetings of the Board of Directors, a simple majority of the Board of Directors
then serving shall be necessary to constitute a quorum for the transaction of business.
Vacancies in membership shall not be counted in determining the number necessary for a
quorum. The act of a majority of the members present at a meeting at which there is a
quorum shall constitute the action of the Board of Directors, unless a greater number is
required by these Bylaws. In voting, each member of the Board of Directors present at
the meeting shall have one vote. A member of the Board of Directors present at a meeting
of the Board of Directors at which an action is taken shall be presumed to have voted
affirmatively for such action unless the member’s contrary intention shall have been
affirmatively indicated by the member and entered in the minutes of the meeting. In the
event that any vote results in a tie of the members present, it shall be deemed that no
action has been taken on said vote with the potential that said vote may be deferred to a
subsequent meeting for a new vote on the issue. Unless a member has a conflict of
interest, each member shall cast a vote as to each issue before the Board of Directors.
(2) Summary of Actions and Minutes.
(a) Within one week following a meeting of the Board of Directors, the
Secretary shall prepare a written summary of the subjects acted on and the members
present
(b) Adequate written minutes shall be kept recording the acts and proceedings
at meetings of the Board. Such minutes shall be prepared by the Secretary designated
under these Bylaws.
(c) The minutes shall be approved by the Chairperson or other officer
presiding at the meeting. A copy of the minutes so approved shall be distributed to each
member of the Board of Directors not less than five (5) days prior to the next regularly
scheduled meeting of the Board of Directors. Minutes so approved shall be presented to
the Board of Directors at its next meeting for approval and, in accordance with any
modifications adopted by the Board of Directors at such meeting, approved. The official
minutes of the meeting shall be those approved by the Board of Directors.
(3) Rules of Order
Robert’s Rules of Order, Newly Revised, shall be observed in the conduct of the Board of
Director’s meetings, except where expressly otherwise determined by majority vote of
the Board of Directors.
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Bylaws of the North Fulton
Emergency Medical Response
Oversight Committee
ARTICLE IX
MEETINGS OF EMROC
Section 1. Meetings
The regular meetings of EMROC shall be held monthly on such dates as may be
established by the Board of Directors. The meetings shall be open to each member of
EMROC as set forth in Article IV of these Bylaws.
Section 2. Expenses
Each City shall be responsible for the expenses of its members attending the meetings.
Section 3. Notice
The Secretary/Treasurer shall mail notice to EMROC meetings to each Mayor and City
Clerk not less than ten (10) days prior to the date on which the meeting is being held.
ARTICLE X
DUES AND FINANCES
Annual Dues for EMROC, if any, shall be established by the Board of Directors. The
Board of Directors shall authorize expenditures of funds on behalf of EMROC.
ARTICLE XI
COMMITTEES
The Board of Directors may establish such Committees as it deems necessary to conduct
the business of EMROC. Unless otherwise determined by the Board of Directors, any
member of EMROC may be appointed to a Committee as determined appropriate by the
Board of Directors.
ARTICLE XII
AMENDMENTS TO BYLAWS
After initial adoption of these Bylaws, the Bylaws may be amended by an affirmative
vote of a majority of the full membership of the Board of Directors. Any proposed
change to these Bylaws may be presented to the Board of Directors for consideration at
any meeting of the Board of Directors. However, no vote shall be taken on the proposed
change until the meeting next following the meeting at which the Bylaw change is
initially presented. Any proposed amendment must include existing and proposed texts
and a statement of the purpose and intended effect of the proposed change.
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Bylaws of the North Fulton
Emergency Medical Response
Oversight Committee
CERTIFICATION
These Bylaws of the North Fulton Emergency Medical Response Committee were
adopted by a requisite majority of a quorum of said Board of Directors at the Board of
Directors’ meeting held on ____________________.
the ____ day of ____________________, 20__.
So certified, this ___ day of __________________, 20__.
___________________________
Chairman
Attest:
_______________________________
Secretary/Treasurer
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STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. _______
A RESOLUTION REGARDING THE FULTON COUNTY BOARD OF EDUCATION’S
PROPOSED HIGH SCHOOL AT FREEMANVILLE ROAD
The Council of the City of Milton hereby resolves while in regular session on the __ day of May,
2008 at _:00 pm.:
WHEREAS, the City of Milton, by and through its City Council is aware that the Fulton
County Board of Education (“Board of Education”) has preliminary plans to construct a
new high school facility in the City of Milton on a 116 acre site located along Freemanville
Road; and,
WHEREAS, the 116-acre parcel in question delivers storm water to Chicken Creek and
Cooper Sandy Creek; and,
WHEREAS, Chicken Creek and Cooper Sandy Creek are a part of the Little River
watershed and the Etowah River basin; and,
WHEREAS, the Little River watershed and the Etowah River basin are environmentally
sensitive areas worthy of all available protection from hazardous or damaging runoff,
erosion, and/or siltation; and,
WHEREAS, the Mayor and City Council are tasked with being reasonable and responsible
stewards of the natural resources of the City of Milton;
WHEREAS, the City Council has been approached by a number of citizens that have
expressed environmental concerns regarding use of the Freemanville site for a new high
school;
WHEREAS, the concerns expressed include the potential adverse impact of a high-
capacity septic system on the site, as well as more generalized concerns regarding the stress
the school development will have on impacted waters;
WHEREAS, the City Council has not undertaken independent testing with respect to the
site, or any potential impacted waters, and therefore the Council is not presently in a
position to assess the validity of the concerns raised by our citizens;
WHEREAS, the City Council respects and appreciates the significant effort associated
with site selection for a new school facility, and is certainly mindful that the Fulton County
Board of Education will have reviewed and addressed many, if not all, of the issues raised
by Milton citizens;
WHEREAS, in light of the issues that have been raised by Milton citizens, the City
Council would respectfully request that the Council and the Board of Education work
together to allay the concerns raised by Milton citizens by disseminating technical data
____________________________
_____________________________
already in existence – or – alternatively, to further explore the issues raised to determine
whether those concerns are worthy of additional study; and,
WHEREAS, if the Board of Education believes the Freemanville site is, and remains, the
optimal site for the new high school facility, then the Council would respectfully request
that all necessary steps be taken to preserve the health of Chicken Creek and Sandy Creek.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MILTON this __ day of May, 2008, that this Resolution shall constitute the
respectful request and petition of the Milton City Council that the Fulton County Board of Education
and the City Council work together to respond to the concerns raised by Milton citizens with respect
to the Freemanville Road site by disseminating technical data already in existence – or – alternatively,
to further explore the issues raised by the citizens of Milton to determine whether those concerns are
worthy of additional study;
BE IT FURTHER RESOLVED, that in the event the Board of Education believes that
further testing may be necessary, the City of Milton would respectfully request that City Council and
the Board of Education work together in undertaking such testing and in coordinating with those State
and federal regulatory agencies having oversight of riparian health and stress loads, and in otherwise
taking all available steps to ensure that the Board of Education’s plan for construction of a new high
school within the City of Milton is undertaken in such a manner as to preserve and ensure the health,
safety and welfare of the Citizens of Milton and the State of Georgia;
BE IT FURTHER RESOLVED, that the Milton City Council does hereby express its
appreciation and gratitude to the Fulton County Board of Education for its commitment to the
educational needs of the community, and also for its expressed desire to work hand in hand with the
City of Milton in being a responsible and conscientious steward of the City’s natural resources.
The public health, safety and welfare demanding it.
Approved:
Mayor
Attest:
City Clerk
(Seal)
FIRST AMENDMENT TO
SUBLEASE BETWEEN FIXTON COUNTY AND CITY OF MILTON
THIS FIRST AMENDMENT TO SUBLEASE (the "First Amendment") made and
entered into this day of , 2008, by and between The City of
Milton, a municipality of the state of Georgia (hereinafter sometimes referred to as the "City" or
"Sub-Iessee"), and Fulton County, a poIitical subdivision of the State of Georgia (hereinafter
sometimes referred to as the "County" or "Sub-lessor").
WIrnSSETH:
WHEREAS, the parties hereto entered into that certain Sublease dated May IT, 2007
(hereinafter "Sublease"), for what was called the Northwest Fire Station No. 18, located at 750
Hickory Flat Road, Alpharetta, Georgia, and which is now referred to as the Birmingham Fire
Station No. 43 (hereinafter the "Premises"); and,
WHEREAS, the Premises which are the subject of said Sublease are defined as a portion
of the property described in that certain Public Purpose Master Lease dated December 1, 1999
between Fulton County Facilities Corp. as Lessor and Fulton County, Georgia as Lessee
(hereinafter referred to as the "Master Lease"), designated as the 'FNorthwest Fire Station" more
particularly described on Exhibit "A"attached hereto and made a part hereof; and,
WHEREAS, said Sublease was consented to by the Credit Enhancer Ambac Assurance
Corporation pursuant to Section 11.01 of the Public Purpose Master Lease dated December 1,
1999; and,
WEREAS, the parties hereto desire to extend the term of said Sublease six (6)months
such that said Sublease will continue from May 1, 2008 through October 31, 2008, and with
automatic renewal periods as more parhxlarly described herein;
NOW, THEREFORE, the parties hereto agree:
(a) That the said Sublease dated May 17, 2007, be and is hereby extended six (6) months
such that said Sublease will continue from May 1,2008 through midnight October 3 1, 2008; aIE
other terms of said Sublease to remain the same; and,
(b) In addition to the base Term of this First Amendment, the Sublease shall
automatically renew for six (6)months beginning on October 3 1,2008 and ending six (6)months
thereafter, and every six (6)months thereafter, unless sooner terminated as provided below. If
the termination date falls on a Saturday, Sunday or national holiday, the Sublease Term shall be
extended to midnight of the next business day provided Sub-lessee is not in default under the
terms and conditions outlined herein; and,
(c) ?She Sublease may be terminated by the Sub-lessee providing sixty (60) days w&en
"Notice of Lease Termination" at any time during the term of the Sublease or any automatic
renewal thereof.
(dl The rent payments for the base Term of this First Amendment, and any renewal
period thereafter, shall be a monthly pro-rated figure based on the debt service payments as
provided for in the attached Exhibit "B" related to the Northwest Fire Station.
(e) Othenvise this Sublease shall terminate absolutely and without further obligation on
the part of the Sub-lessee or Sub-lessor at the close of calendar year 2008, unless specifically
renewed as provided herein.
IN WITNESS WHEREOF, the parties hereto have executed quadruplicate copies of this
First Amendment to Sublease as of the day of April, 2008.
Signed, sealed and delivered this SUB-LESSEE:
day of April, 2008 in the presence of:. The City of Milton, a municipality
of the State of Georgia
Witness
Notary Public
APPROVED AS TO FORM
This day of April, 2008.
City Attorney
Signed, sealed and delivered this
day of April, 2008 in the presence of:.
Witness
Notary PubIic
votary Seal]
APPROVED AS TO FORM
This day of April, 2008.
Associate Fulton County Attorney
By:
Title:
Attest:
SUB-LESSOR:
Fulton County, a municipality
of the State of Georgia
By :
John H.Eaves, Ph.D., Chairman
Fulton County Board of Commissioners
Attest:
Mark Massey, Clerk of Commission
CONSENT OF CREDIT ENHANCER
The undersigned, on behalf of Arnbac Assurance Corporation (the "Credit Enhancer") as
the issuer of Municipal Bond Inswance Policy Number 1703 8BE in respect of the Fulton County
Facilities Corp., Certificates of Participation (Fulton County, Georgia Public Purpose Project),
Series 1999 (the "1999 COPS"')does hereby consent to Fulton County, Georgia's entering into
the foregoing First Amendment of that certain Sublease dated May 17, 2007 for the Northwest
Fire Station No. 18.
This consent constitutes the consent of the Credit Enhancer required by Section 1I .01 of
the Public Purpose Master Lease dated December 1, 1999 and related to the 1999 COPS.
This day of April, 2008.
Signed,sealed and delivered this CMDIT ENHANCER
day of April 2008 in the presence of:. Am bac Assurance Corporation
By:
Witness
Title:
Notary Public
[Notary Seal] Attest:
Northwest Fulton Fire Station
A new fire station facility which wiIl be a 10,500 square foot, 3 Bay, one story
building located at the intersection of Hickory Hat Road and Old Bullpen Road in the
Birmingham area of the County, on 4 acres of land owned by the County.
Fire Stations within COPS
program
Pro -rata debt service
Northwest
Shakerag
COPS
Payment Date
Fire Station
in Milton
Fire Station
John's Creek
May 1
2008
59,649
42,524
November 1
2008
162,773
116,042
Total for FY
2008
222,422
158,566
May 1
2049
57,074
40,685
November 1
2049
165,383
117,903
Total for FY
2009
222,453
158,589
May 1
2010
54,363
38,756
November 1
2010
163,585
116,621
Total for FY
2010
217,948
155,377
Ma 1
2011
51,564
36,760
November 1
2011
160,786
114,626
Total for FY
2011
212,350
151,386
May 1
2012
48,424
34,522
November 1
2012
157,373
112,193
Total for FY
2012
205,797
146,715
May 1
2013
45,155
32,192
November 1
2013
160,294
114,275
Total for FY
2013
205,449
146,467
May 1
2014
41,701
29,729
November 1
2014
163,211
116,355
Total for FY
12014
204,912
146,084
May 1
2015
38,056
27,130
November 1
2015
166,665
118,817
Total for FY
2015
204,721
145,947
May 1
2016
34,197
24,380
November 1
2016
315,081
224,624
Total for FY
2016
349,278
249,004
May 1
2017
26,473
18,873
November 1
2017
322,739
230,084
Total for FY
2017
349,212
248,957
May 1
2018
18,326
13,065
November 1
2018
330,975
235,955
Total for FY
2018 1
349,301
243,020
May 1
2019
9,728
6,935
November 1
2019
339,489
242,425
Total for FY
2019
349,217
248,960
Totals all years
3,093,060
2,205,072
i
STATE OF GEORGIA RESOLUTION NO. _____________
COUNTY OF FULTON
A RESOLUTION OF THE MILTON CITY COUNCIL
TO ESTABLISH A POLICY PROHIBITING EXTENSION OF PUBLIC SEWER AND
WASTEWATER TREATMENT SERVICE TO ANY PARCEL WITHIN THE CITY
LIMITS THAT IS NOT LOCATED WITHIN THE FULTON COUNTY SEWER
SERVICE AREA AND TO FURTHER CLARIFY THE BOUNDARIES OF THE
FULTON COUNTY SEWER SERVICE AREA
BE IT RESOLVED by the City Council of the City of Milton, Georgia, while in regular
session on __________________________ 2008 at 6:00 p.m., as follows:
WHEREAS, on or about March 15, 1995, Fulton County, Georgia, adopted its
“Resolution Establishing Policy Prohibiting Expansion of Big Creek and John’s Creek Sewage
Treatment Plant to Accommodate Portions of Etowah Creek Basin and to Prohibit Interbasin
Transfers to the Big Creek and John’s Creek Treatment Plant,” (“March 1995 Resolution”)
which prohibits pumping stations and inter-basin transfers from the Etowah River Basin
(Chicken Creek Sub-basin and Cooper/Sandy Creek Sub-Basin) (hereinafter the “Basin Area”) to
Fulton County’s Big Creek Wastewater Treatment Plant and John’s Creek Wastewater
Treatment Plant; and
WHEREAS, the March 1995 Resolution was adopted to “ensure that growth and
development in the Basin Area is not unlimited and is undertaken at a level so as to avoid the
necessity and expense of upgrading or expanding either the Big Creek Sewage Treatment Plant
or the John’s Creek Sewage Treatment Plant to accommodate the Basin Area”; and
WHEREAS, on August 4, 1999, Fulton County, Georgia, adopted its North Fulton Year
2015 Comprehensive Plan Update, Z99-033 NFC and Z99-034 NFC, reiterating the prohibition
against inter-basin transfer of wastewater from the Etowah River Drainage Basin to either the
Big Creek or Johns Creek Wastewater Treatment Plants but which allows sewer connections to
the Fulton County sewer system to certain properties in the Etowah River Drainage Basin that
front or abut State Route 9, and which lie in one or a combination of the following land lots: 757,
758, 759, 826, 831, 898, 903, 970, 975, 1041, 1042, 1048, and 1113; and
WHEREAS, on March 1, 2000, Fulton County, Georgia adopted its “Amendment to
Resolution Addressing Inter-Basin Transfer of Sewage to the Big Creek System, which also
reiterates the prohibition against inter-basin transfer of wastewater from the Etowah River
Drainage Basin to either the Big Creek or Johns Creek Wastewater Treatment Plants but which
amended Z99-034 NFC to allow sewer connection for certain lots located in land lots 1111 and
1112; and
1
WHEREAS, on July 19, 2006, Fulton County, Georgia, adopted its “Resolution to
Reaffirm Policy and Establish An Ordinance Prohibiting Expansion of the Big Creek and John’s
Creek Wastewater Treatment Plants to Accommodate Portions of the Etowah River Basin and
Prohibiting Interbasin Transfers to the Big Creek and John’s Creek Wastewater Treatment
Plants, in which the Fulton County Board of Commissioners declared and reaffirmed as its
policy that, except as provided by the ordinance provision provided therein, growth and
development in the Basin Area shall not be unlimited and shall be undertaken at a level so as to
avoid the necessity and expense of upgrading or expanding either the Big Creek Wastewater
Treatment Plant or the John’s Creek Wastewater Treatment Plant to accommodate the Basin
Area and that the low-density and rural character of that portion of the Basin Area that lies
within Fulton County is preserved, and, further, to establish policy which prohibits the
construction of pumping stations or inter-basin transfers from the Basin Area to the Big Creek
and John’s Creek Wastewater Treatment Plants; and
WHEREAS, the City of Milton, Georgia, was created on December 1, 2006, and
comprises the area of northwest Fulton County which lies within the Etowah Basin and the Big
Creek Basin; and
WHEREAS, both prior to the creation of the City of Milton in December 2006 and since
that time, Fulton County has provided wastewater distribution, collection, and treatment services
(“Sewer Service”) to certain parcels of land located within the municipal boundary of the City of
Milton pursuant to the Service Delivery Strategy Agreement as certified by the Georgia
Department of Community Affairs on October 31, 2005 (the “SDSA”), as made applicable to the
City of Milton by virtue of that Intergovernmental Agreement for the Provision of Water and
Wastewater Services between Fulton County, Georgia and the City of Milton, Georgia dated
December 6, 2006 (the “IGA”); and
WHEREAS,pursuant to Article IX, Section II, Paragraph III(a)(6) and (7) of the
Georgia Constitution, Fulton County may not provide Sewer Service inside the boundary of the
City of Milton except by contract with the City granting Fulton County the authority to do so;
and
WHEREAS, while the SDSA and IGA provide the necessary grant of authority for
Fulton County to provide Sewer Service to certain parcels located within the municipal boundary
of the City of Milton, the SDSA and IGA excluded authority for Fulton County to provide Sewer
Service within the boundary of the City of Milton certain property located within the following
Fulton County Land Lot Numbers: 831, 898, 903, 970, 975, 1041, 1042, 1047, and 1048 (the
“Highway 9 Corridor”); and
WHEREAS, the City of Milton recognizes the need to diversify the City’s tax base and
to encourage the properly controlled growth of a commerce center located within the municipal
boundary of the City of Milton that has already naturally begun to develop along the Highway 9
Corridor in order to preserve the character and to enhance the remainder of the property located
throughout the City of Milton; and
WHEREAS, the Highway 9 Corridor was generally believed by representatives of both
2
Fulton County and the City of Milton to be an area where Fulton County could provide sewer
service – but – only recently it was discovered that no authority existed for the provision of such
service; and,
WHEREAS, the City of Milton now desires to enter into an agreement to authorize
Fulton County to provide Sewer Service to parcels located along the Highway 9 Corridor and
specifically located within the said Land Lots in the form and with such terms as set forth in
Exhibit A attached hereto, and to be known as an interim Intergovernmental Agreement for the
Extraterritorial Provision of Sewer Service by Fulton County to Certain Property Located Within
the City of Milton (the “Agreement”); and
WHEREAS, it is anticipated that this Resolution and Intergovernmental Agreement will
remain in force and effect for only a limited time, as both will promptly be subsumed by the
renegotiation of a Service Delivery Strategy Act agreement with Fulton County, which will
include a provision for fixed sewer service boundaries; and,
WHEREAS, the City of Milton wishes to reaffirm and continue the long-standing
policies which ensure that growth and development in the Basin Area is not unlimited and is
undertaken at a level so as to avoid the necessity and expense of upgrading or expanding either
the Big Creek Wastewater Treatment Plant or the John’s Creek Wastewater Treatment Plant to
accommodate the Basin Area and to ensure that the low-density and rural character of that
portion of the Basin Area that lies within the City of Milton is preserved, and, further, to
establish a policy prohibiting the extension of public sewer into any incorporated area of the City
of Milton that lies outside the Sewer Service Area that is expressly granted to Fulton County by
the City of Milton, and to prohibit new sewer connections to the existing Fulton County sewer
network for any property located within incorporated City of Milton but located outside the
Fulton County Sewer Service Area, to the extent permitted under federal, State, and local law;
NOW, THEREFORE, BE IT RESOLVED, that the Milton City Council does hereby
resolve and declare that the Mayor is hereby authorized and directed to execute on behalf of the
City of Milton the Intergovernmental Agreement for the Extraterritorial Provision of Sewer
Service by Fulton County to Certain Property Located Within the City of Milton in the form and
with such terms as set forth in Exhibit A attached hereto;
BE IT FURTHER RESOLVED that the Fulton County Sewer Service Area within the
municipal boundary of the City of Milton shall be limited to those parcels specifically set forth in
the said Agreement;
BE IT FURTHER RESOLVED that the extension of any public sewer into any
incorporated area of the City of Milton that lies outside the Sewer Service Area that is expressly
granted to Fulton County by the City of Milton is prohibited, and no new sewer connections to
the existing Fulton County sewer network for any property located within incorporated City of
Milton but located outside the Fulton County Sewer Service Area shall be permitted.
3
SO RESOLVED this ____ day of _____________, 2008.
CITY OF MILTON
____________________________________
Joe Lockwood, Mayor
____________________________________
Karen Thurman, Councilwoman
____________________________________
Julie Zahner Bailey, Councilwoman
____________________________________
William C. Lusk, Councilman
____________________________________
Burt Hewitt,Councilman
____________________________________
Tina D’Aversa, Councilwoman
____________________________________
Alan Tart, Councilman
Attest:
______________________________
Jeanette R. Marchiafava, City Clerk
4
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
FOR THE EXTRATERRITORIAL PROVISION OF SEWER SERVICE
BY FULTON COUNTY TO CERTAIN PROPERTY
LOCATED WITHIN THE CITY OF MILTON
COME NOW THE CITY OF MILTON, GEORGIA, a political subdivision of the State
of Georgia acting by and through its City Council (“CITY OF MILTON”), and FULTON
COUNTY, GEORGIA, a political subdivision of the State of Georgia acting by and through its
Board of Commissioners (“FULTON COUNTY”) with FULTON COUNTY and CITY OF
MILTON being collectively referred to as the “Parties,” and hereby enter into this
Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service By Fulton
County to Certain Property Located Within the City of Milton (the “Agreement”), effective as of
this _________ day of _______, 2008, (the “Effective Date”) to grant FULTON COUNTY the
authority to serve certain parcels located along the Highway 9 Corridor located within the
municipal limits of the CITY OF MILTON with Sewer Service.
W I T N E S S E T H:
WHEREAS, both prior to the creation of the CITY OF MILTON in December 2006 and
since that time, FULTON COUNTY has provided wastewater distribution, collection, and
treatment services (“Sewer Service”) to certain parcels of land located within the municipal
boundary of the CITY OF MILTON pursuant to the Service Delivery Strategy Agreement as
certified by the Georgia Department of Community Affairs on October 31, 2005 (the “SDSA”),
as made applicable to the CITY OF MILTON by virtue of that Intergovernmental Agreement for
the Provision of Water and Wastewater Services between Fulton County, Georgia and the City of
Milton, Georgia dated December 6, 2006 (the “IGA”);
WHEREAS,pursuant to Article IX, Section II, Paragraph III(a)(6) and (7) of the
Georgia Constitution, FULTON COUNTY may not provide Sewer Service inside the boundary
of the CITY OF MILTON except by contract with the CITY OF MILTON granting FULTON
COUNTY the authority to do so;
WHEREAS, while the SDSA and IGA provide the necessary grant of authority for
FULTON COUNTY to serve certain of its customers within the municipal boundary of the CITY
OF MILTON, the SDSA and IGA excluded from the grant by the CITY OF MILTON of
authority for FULTON COUNTY to provide Sewer Service within the boundary of the CITY OF
MILTON certain property located within the following Fulton County Land Lot Numbers: 831,
898, 903, 970, 975, 1041, 1042, 1047, and 1048 (the “Highway 9 Corridor”);
WHEREAS, the Parties now desire to enter into an agreement to authorize FULTON
COUNTY to provide Sewer Service to parcels located within the said Highway 9 Corridor;
WHEREAS, the Parties recognize that each of them, along with the other municipalities
located in Fulton County, is under a current duty to revise the SDSA as a result of the creation of
the CITY OF MILTON to reflect the current boundary of the area within the CITY OF MILTON
in which FULTON COUNTY is authorized to provide Sewer Service.
NOW THEREFORE, in consideration of the mutual promises of the Parties and the
mutual benefits flowing from each Party to the other, and other good and valuable consideration
exchanged, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
Section 1.Grant of Sewer Service Area to FULTON COUNTY.
The CITY OF MILTON hereby grants to FULTON COUNTY the authority to provide
Sewer Service to parcels wholly located within the following Fulton County Land Lot Numbers:
2
831, 898, 903, 970, 975, 1041, 1042, 1047, and 1048. For the purposes of determining whether a
particular parcel is wholly located within the pertinent Land Lot so as to be included within the
foregoing grant of authority bestowed upon FULTON COUNTY to provide Sewer Service, if
any portion of the parcel is located outside the pertinent Land Lot as of the date of this
Agreement, then and in that event, the entire parcel shall be deemed to be excluded from such
grant of authority.
Section 2.Reaffirmation of Previous Grant.
In addition to the Sewer Service Area granted to FULTON COUNTY pursuant to Section
1 above, FULTON COUNTY shall continue to enjoy the authorization granted in the SDSA to
provide Sewer Service to parcels located within the portion of the FULTON COUNTY Sewer
Service Area located within the boundary of the City of Milton. Thus, the Fulton County Sewer
Service Area within the municipal boundary of the City of Milton shall consist only of the areas
set forth in Sections 1 and 2 of this Agreement, or as may be hereinafter amended by further
written agreement of the Parties.
Section 3.Termination of IGA.
With respect to the establishment of the Fulton County Sewer Service Area within the
municipal boundary of the City of Milton, the terms of this Agreement shall supersede the terms
of the IGA, and the Parties agree that the IGA and any and all previous agreements of the Parties
concerning the Fulton County Sewer Service Area shall be and are hereby terminated with
respect to the boundary of the Fulton County Sewer Service Area within the municipal boundary
of the City of Milton.
3
Section 4.Fulton County Sewer Availability Limited to Sewer Service Area.
FULTON COUNTY specifically agrees that no sewer permit(s) or any other
representation concerning the availability of sewer service for a particular parcel of property
located within the municipal boundary of the CITY OF MILTON shall be made by FULTON
COUNTY unless such parcel is located within the Fulton County Sewer Service Area as set forth
in Paragraphs 1 and 2 above.
Section 5.Amendment of Service Delivery Strategy.
Each Party agrees to cooperate fully with the other in promptly amending the Service
Delivery Strategy (required pursuant to O.C.G.A. § 36-70-20, et seq.) agreement, which, as a
component of said amendment, shall provide for the establishment of a fixed sewer service
boundary wherein Fulton County may provide sewer service in the City of Milton.
Section 6.General Provisions.
A.Enforcement; Waiver. The failure on the part of any Party to enforce any provision
of this Agreement shall not be construed as a waiver of that Party’s rights to enforce
such provisions in the future. A waiver of any term of this Agreement on the part of
any Party in one case shall not be construed as a waiver in any other and shall not
affect any other term of this Agreement.
B.Assignment. This Agreement shall not be assigned by either Party without the prior
written consent of the other.
C.Entire Agreement. This Agreement contains the entire agreement between the Parties
hereto and supersedes all previous or contemporaneous communications,
representations, or agreements pertaining to the subjects addressed herein.
D.Notices. All notices given pursuant to the terms of this Agreement shall be in writing
4
and delivered in person or transmitted by certified mail, return receipt requested,
postage prepaid, or by utilizing the services of a nationally recognized overnight
courier service with signed verification of delivery. Notices shall be deemed given
only when actually received at the address first given below with respect to each
Party.
Notices required to be given to the CITY OF MILTON pursuant to this Agreement shall
be addressed as follows:
Mayor
City of Milton
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
With copies to:
Community Services Director
City of Milton
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Notices required to be given to FULTON COUNTY pursuant to this Agreement shall be
addressed as follows:
Chairman
Fulton County Board of Commissioners
141 Pryor Street, S.W., 10th Floor
Atlanta, Georgia 30303
With copies to:
Director
Fulton County Department of Public Works
141 Pryor Street, Suite 6001
Atlanta, Georgia 30303
5
E.Choice of Law. This Agreement shall be construed and governed in accordance with
the laws of the State of Georgia.
F.No Third Party Rights. This Agreement shall be exclusively for the benefit of the
Parties and shall not provide any third-parties with any remedy, claim, liability,
reimbursement, cause of action, or other right.
G.Uncontrollable Circumstances. The performance or non-performance of any term or
provision of this Agreement shall be excused if the Party is reasonably precluded
from such performance by the occurrence of an uncontrollable circumstance. Such
excuse of performance or non-performance shall be only to the minimum extent
reasonably forced on such Party by such event, and that Party shall continue to
perform all other duties and responsibilities hereunder. A Party relying on the
occurrence of an uncontrollable circumstance as an excuse for non-performance of a
duty required by this Agreement shall, as soon as is reasonably possible upon
becoming aware of such an event and its consequences, notify the other Party of same
and shall take all reasonable efforts to eliminate the cause of such non-performance
and to resume full performance in accordance with this Agreement.
H.Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall constitute an original. It shall not be necessary that each signatory sign
the same counterpart, provided, however, that each has signed an identical
counterpart.
I.Authority to Enter Agreement. Each of the individuals who execute this Agreement
6
on behalf of the respective Parties agree and represent that they are authorized to do
so and further agree and represent that this Agreement has been duly passed upon by
the required governmental agency or board in accordance with all applicable laws.
The Parties hereto agree that this Agreement is an intergovernmental contract, and is
entered into pursuant to Article IX, Article III, Paragraph I of the Constitution of the
State of Georgia of 1983.
J.Severability. If one or more of the provisions of this Agreement is held or declared to
be illegal or invalid, that illegality or invalidity shall not affect any other provision of
this Agreement and this Agreement will be construed and enforced as if the illegal or
invalid provision had not been contained in it.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
under seal as of the date first above written.
CITY OF MILTON, GEORGIA
ATTESTED:
By:
Jeanette R. Marchiafava Joe Lockwood, Mayor
City Clerk
7
FULTON COUNTY, GEORGIA
ATTESTED:
By:
Clerk to the Commission John H. Eaves, Ph.D., Chairman
Fulton County Board of Commissioners
8