HomeMy WebLinkAbout06-07-10 PacketPage 1 of 4
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.
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Joe Longoria
Alan Tart
Monday, June 7, 2010 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Chaplin Remco Brommet, Chaplain for Milton Police and Fire
Brian Cochran from King’s Ridge Christian School in Milton will “gavel” Council Meeting
(Brian is winner of "If I Were Mayor I Would" Essay Contest for 6th Graders)
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by the Mayor)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 10-1142)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the May 3, 2010 Regular Meeting Minutes.
(Agenda Item No. 10-1143)
(Sudie Gordon, Interim City Clerk)
2. Approval of the May 10, 2010 Work Session Minutes.
(Agenda Item No. 10-1144)
(Sudie Gordon, Interim City Clerk)
3. Approval of the May 14, 2010 Special Called Minutes.
(Agenda Item No. 10-1145)
(Sudie Gordon, Interim City Clerk)
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 7, 2010 – 6:00 PM
Page 2 of 4
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.
4. Approval of the GDOT Certification Acceptance Qualification Agreement.
(Agenda Item No. 10-1146)
(Carter Lucas, Public Works Director)
5. Approval of an Indemnification and Maintenance Agreement with the Hopewell
Plantation HOA for the Installation of Radar Signs within the Subdivision.
(Agenda Item No. 10-1147)
(Carter Lucas, Public Works Director)
6) REPORTS AND PRESENTATIONS
1. Recognition for Memorial Day Essay Contest Finalists.
(Presented by Councilmember Bill Lusk)
2. Proclamation in Recognition of Milton High School Girl’s Lacrosse State
Champions.
(Presented by Councilmember Karen Thurman)
3. Proclamation in Recognition of Milton High School Boy’s Lacrosse State
Champions.
(Presented by Mayor Joe Lockwood)
4. Results of Needs Assessment Survey for Parks and Recreation.
(Beth Schapiro and Rusty Parker, The Schapiro Group)
7) FIRST PRESENTATION (None)
8) PUBLIC HEARINGS
ALCOHOL BEVERAGE LICENSE APPLICATIONS
1. Approval of Alcohol Beverage License for Manor Golf Development, LLC at 15951
Manor Club Drive, Milton, Georgia. The applicant is Riverfront Management, Inc. –
Wine, Malt Beverages & Distilled Spirits.
(Agenda Item No. 10-1148)
(Stacey Inglis, Finance Director)
2. Approval of Alcohol Beverage License for Manor Golf Development, LLC at 15952
Manor Club Drive, Milton, Georgia. The applicant is Riverfront Management, Inc. –
Wine, Malt Beverages & Distilled Spirits.
(Agenda Item No. 10-1149)
(Stacey Inglis, Finance Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 7, 2010 – 6:00 PM
Page 3 of 4
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.
3. Approval of Alcohol Beverage License for The Olive Group d/b/a River Tavern at
2955 Bethany Bend Road, Suite 300-400, Milton, Georgia. The applicant is Michelle
C. Steinfeld. – Wine, Malt Beverages & Distilled Spirits.
(Agenda Item No. 10-1150)
(Stacey Inglis, Finance Director)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS
1. Approval of an Ordinance to Create Article 13 Of The City Of Milton Zoning
Ordinance To Establish A Historic Preservation Commission In The City Of Milton
To Provide For Designation Of Historic Properties; To Provide For Issuance Of
Certificates Of Appropriateness; To Provide For An Appeals Procedure; To Repeal
Conflicting Ordinances; And For Other Purposes.
(Agenda Item No. 10-1078)
(Previously Discussed at March 8, 2010 Council Work Session )
(First Presentation on May 17, 2010 Regular Cou ncil Meeting)
(Lynn Tully, Community Development Director)
2. Approval of an Ordinance to Amend Chapter 20, Environment, Article VI, Soil
Erosion and Sedimentation Control, of the City of Milton Code of Ordinances.
(Agenda Item No. 10-1139)
(Previously Discussed at April 19, 2010 Council Work Session)
(First Presentation on May 17, 2010 Regular Council Meeting)
(Lynn Tully, Community Development Director)
11) NEW BUSINESS
1. Approval for the Submission of an Application to FEMA’s Assistance to Firefighter’s
Grant to Support the Advanced Life Support Initiative of the Milton Fire Department.
(Agenda Item No. 10-1151)
(Robert Edgar, Fire Chief)
2. Approval for Milton’s Participation in a Regional Application to FEMA’s Assistance
to Firefighter’s Grant to Support the UASI Communications Program in North Fulton.
(Agenda Item No. 10-1152)
(Robert Edgar, Fire Chief)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 7, 2010 – 6:00 PM
Page 4 of 4
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.
14) EXECUTIVE SESSION (If needed)
15) ADJOURNMENT
(Agenda Item No. 10-1153)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE, Public Works Director
Date: Submitted on May 19, 2010 for the June 7, 2010 Regular Council Meeting
Agenda Item: Approval of the GDOT Certification Acceptance Qualification Agreement
City Manager’s Office Recommendation
Approval.
Discussion
In July 2009 GDOT published the revised Local Administered Project (LAP) Manual to establish
uniform practices for authorizing qualified cities and counties to manage certain core activities
for projects that receive federal funding. Under this program the City of Milton has managed the
Transportation Master Plan and is currently managing the intersection projects of Birmingham
Hwy at Providence Road and Arnold Mill at New Providence Road.
GDOT requires that local agencies become certified in the management practices established
by the LAP before any new projects which require federal aid can be started. These projects are
managed under a Project Framework Agreement (PFA) which is used by GDOT to authorize a
local government to begin a specific project. Beginning March 15, 2010 GDOT will not execute
any new PFA until the city has completed this certification process. The certification program will
most likely progress to include projects that have already been issued a PFA, i.e. our two
current intersection projects. Should the city not wish to participate in the program it could
impact the schedule for the current projects and indefinitely delay any future projects for which
federal aid has been identified.
Funding and Fiscal Impact
N/A
Legal Review
N/A – This item was discussed with Mr. Jarrard but as a standard GDOT form no legal review
necessary.
APPENDIX A CERTIFICATION ACCEPTANCE QUALIFICATION
AGREEMENT
AGENCY ______________________________________AGENCY NO._______________
The agency agrees to comply with the following requirements when developing all
Federal Highway Administration (FHWA) projects under GDOT’s CA status.
1. Adherence to the Local Administered Project Manual and all policies and procedures
promulgated
by the Georgia Department of Transportation (GDOT) which accomplish the
policies and objectives set forth in Title 23, U.S. Code, Highways, and the regulations
issued pursuant thereto.
2. The overall approval authorities and conditions will be as follows:
a. The project prospectus will be reviewed and approved by the following official.
_________________________________________________
Position Title Only
b. The local agency agreement will be reviewed and approved by the following
official or officials.
__________________________________________________
Position Title Only
c. The designs and environmental documents will be reviewed and approved by the
following state of Georgia registered Professional Civil Engineer.
__________________________________________________
Position Title Only
d. The public hearing’s findings (if required) will be reviewed and approved by the
following official or officials.
__________________________________________________
Position Title or Titles Only
e. The contract plans, specifications and estimate of cost will be reviewed and
approved by the following state of Georgia registered Professional Engineer.
__________________________________________________
Position Title or Titles Only
f. Agreements will be signed by the following responsible local official:
(1) Railroad ________________________________________________
Position Title Only
(2) Utility __________________________________________________
Position Title Only
(3) Consultant _______________________________________________
Position Title Only
(4) Technical Services ________________________________________
Position Title Only
g. The award of contract will be signed by the following responsible local official.
____________________________________________
Position Title Only
h. All projects will be constructed in conformance with the
GDOT current Standard Specifications for Road, Bridge,
and such specifications that modify these Specifications as appropriate.
Multimodal enhancement projects shall be constructed in conformance
with applicable state and local codes.
i. The contract administration will be supervised by the following state of
Georgia registered Professional Civil Engineer.
___________________________________________
Position Title Only
j. Construction administration and material sampling and
testing will be accomplished in accordance with the GDOT
Construction Manual and the Local Administered Project Manual.
3. The agency agrees that they have the means to provide adequate expertise and will have
support staff available to perform the functions being subdelegated. The support staff may
include consultant or state services.
4. The agency agrees that the signature on each project prospectus and local agency
Agreement will be consistent with section 2 above.
5. All projects under Certification Acceptance shall be available for review by the FHWA
and the state at any time and all project documents shall be retained and available for
inspection during the plan development and construction stages and for a three year period
following acceptance of the project by GDOT.
6. Approval of the local agency certification by the Georgia Department of Transportation
may be rescinded at any time upon local agency request or if, in the opinion
of the LAP Certification Committee, it is necessary to do so. The rescission
may be applied to all or part of the programs or projects approved in the local agency
certification. The Local Government accepts liability to reimburse the GDOT and FHWA for all
accrued payments received for applicable projects not complying with Section 1 of this
agreement.
_____________________________________________________________________________
Mayor or Chairman Date
GEORGIA DEPARTMENT OF TRANSPORTATION
Approved By: ________________________________________________________________
Program Control Administrator Date
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE, Public Works Director
Date: Submitted on May 19, 2010 for the June 7, 2010 Regular Council Meeting
Agenda Item: Approval of an Indemnification and Maintenance Agreement with the
Hopewell Plantation HOA for the installation of Radar Signs within the
subdivision
City Manager’s Office Recommendation
Approval.
Discussion
As part of the city traffic calming program the Hopewell Plantation Home Owners
Association has approached the city with a proposal to install radar speed limit signs in
two locations within the neighborhood. The HOA has agreed to purchase and maintain
the signs and the city will install the signs. This Indemnification and Maintenance
Agreement is a document that was prepared by our City Attorney for this purpose.
Funding and Fiscal Impact
N/A
Legal Review
Ken Jarrard – Jarrard & Davis
A4� 4 City of Milton
AFTER RECORDING, PLEASE RETURN TO:
City of Milton Public Works
Attn: Public Works Director
13000 Deerfield Parkway
Suite 107G
Milton, Georgia 30004
INDEMNIFICATION AND MAINTENANCE AGREEMENT
STATE OF GEORGIA
FULTON COUNTY
THIS Indemnification and Maintenance Agreement (hereinafter the "Agreement"), is
made this -1 day of 4 t( , 20P�-, between the HOPEWELL PLANTATION
HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as the "Undersigned"), and the
CITY OF MILTON, a political subdivision of the State of Georgia (hereinafter referred to as
"Milton"), the Undersigned and Milton being collectively referred to as the "Parties;"
For good and valuable consideration — including the right to erect improvements within
Milton right of way - the receipt and sufficiency of which is hereby acknowledged, the Parties
hereby covenant and agree as follows:
1. CITY INDEMNIFICATION FOR PRIVATE IMPROVEMENTS
The Undersigned, by and through its Board of Directors, hereby agrees to indemnify and
hold Milton, its attorneys, consultants, agents, servants, partners, employees, heirs, successors,
assigns, elected officials, other representatives, and/or any other person acting on its behalf,
harmless from and against any and all rights, claims, warranties, demands, debts, damages,
accounts, agreements, obligations, liabilities, liens, costs, expenses, charges, losses, judgments
and claims for attorneys' fees and/or expenses of litigation, and causes of action of any kind or
nature, at law or in equity, arising out of the existence, installation, maintenance, replacement,
repair, alteration, modification, collapse, or failure, irrespective of the cause, party at fault, or
culpability, of the following private improvements to be located within or near Milton right of
way:
Radar speed signs purchased by the Hopewell Plantation Homeowners
Association ("private improvements"), which either Milton or the Undersigned
installs, builds or constructs within, alongside, adjacent or under the public rights
of way or otherwise located generally within Hopewell Plantation. The
collective installation or construction of radar speed signs within, alongside,
adjacent or under the public rights of way within Hopewell Plantation shall be
referred to as the "project."
2. CITY INDEMNIFICATION FOR PUBLIC IMPROVEMENTS
The Undersigned, its attorneys, consultants, agents, servants, partners, employees, heirs,
successors, assigns, other representatives, and/or any other person acting on their behalf, hereby
agrees to indemnify and hold Milton, its attorneys, consultants, agents, servants, partners,
employees, heirs, successors, assigns, elected officials, other representatives, and/or any other
person acting on its behalf, harmless from and against any and all rights, claims, warranties,
demands, debts, damages, accounts, agreements, obligations, liabilities, liens, costs, expenses,
charges, losses, judgments and claims for attorneys' fees and/or expenses of litigation, and causes
of action of any kind or nature, at law or in equity, associated with the damage, destruction,
deterioration, or failure of any City -owned utility systems or other City -owned structure, facility
or improvement (the "public improvements") wherein said damage or destruction may, either
directly or indirectly, adversely impact, destroy or damage the private improvements or project, it
being, inter alfa, the intent of the Parties that the Undersigned shall not be entitled to a recovery
of any kind for damage to or complete destruction of the radar speed signs caused by the failure
of collapse of City -owned poles, mounts, structures or supports.
3. AGREEMENT TO REPAIR RIGHT OF WAY OR PUBLIC
The Undersigned hereby agrees that it shall be solely and exclusively responsible for the
replacement, repair, alteration, and/or modification of public rights of way or public
improvements wherein such repairs, alterations, and/or modifications are necessitated directly or
indirectly by the existence, installation, maintenance, replacement, repair or alteration of any
private improvements located in, upon, or under the project.
4. DURATION OF AGREEMENT
This Agreement shall commence on the date of execution and shall continue and remain
in full force and effect until the private improvements are no longer in place on the project.
5. REMOVAL OF IMPROVEMENTS FROM RIGHT OF WAY
Milton or the Milton Public Works Director ("Director"), or his or her designee, for
cause, and upon written notice to the Undersigned, may at any time require the removal of the
private improvements comprising the project, said removal to be at the sole cost and expense of
the Undersigned. Unless and until the City or Director requires removal of the private
improvements, the Undersigned shall, at the Undersigned's sole cost and expense, maintain,
repair, replace and inspect such private improvements and the Undersigned may enter upon the
public rights of way to effect and accomplish same. The foregoing rights of the Undersigned
shall be exercised in such a manner so as to minimize any interruption and/or interference with or
to the normal flow of traffic on the public right of way and shall otherwise be undertaken in
accordance with all applicable laws, rules and regulations.
Any manipulation of the public right of way by the Undersigned, be it for maintenance,
repair, replacement, or otherwise, shall be performed in such a manner so as to leave the public
right of way in a clean condition and the Undersigned shall remove all dirt, debris, or other
foreign materials and objects therefrom, fill any and all trenches and/or cuts, and shall reseed or
resod any and all areas within which dirt has been exposed as a result of such manipulation.
6. PERMIT REQUIRED
Any manipulation by the Undersigned of the public right of way shall require a permit
from the City of Milton Public Works Department prior to initiation of those activities. Failure to
obtain a permit may result in the removal of improvements from the public right of way and a
termination of this agreement or other penalties allowed by law.
7. BINDING COVENANT RUNNING WITH THE LAND
This Agreement shall be binding upon the heirs, successors and assigns of the
Undersigned, and shall constitute a covenant running with the land. The Undersigned expressly
agrees and will immediately take action to ensure that this Agreement shall be recorded in the real
property records of Fulton County, Georgia, and shall be binding upon all subsequent transferees
of the property comprising the project.
IN WITNESS WHEREOF, the parties have executed this Agreement at Milton,
Georgia, Fulton County, as of the day and year first above written.
HOPE L PLANTA ON HOMEOWNERS ASSOCIATION, INC.
Its:
(CORPORATE SEAL)
Signed, Sealed and delivered in the presence of
UNOFFIC SS —a,ri
I -
NOTARY PUBLIC
My Commission Expires UNY 1 .,tfr :1-0 J
(NOTARY SEAL)
*04 +�' g T A 1-,qT ''•�a
OTA �Ao
Ratified by: •��'''�,fail " "01111
The City Council of Milton, Georgia
by Joe Lockwood, Mayor
City of Milton, Georgia
Milton High School Girls’ Lacrosse Team Day
WHEREAS, lacrosse is a sport that requires skillful hand-eye coordination, mental
awareness and physical endurance; and
WHEREAS, the girls’ lacrosse program began in 1999 as a club sport at Milton High
School and has grown rapidly since that time; and
WHEREAS, in 2002 the Georgia High School Association officially sanctioned lacrosse as
a high school sport and in 2005 recognized lacrosse as a full-fledged high
school sport, and;
WHEREAS, the Milton High School girls’ lacrosse team has a tradition of excellence and
accomplishment in academic and athletic competition reflecting the highest
ideals of hard work, training and sportsmanship; and
WHEREAS, the girls’ lacrosse team has made it to the Georgia High School Association
state championships every year since their inception; and
WHEREAS, the Milton High School girls’ lacrosse team won the Georgia High School
AAAAA State Championship in 2005, 2006, 2007, 2008 and 2010, and;
WHEREAS, the Milton High School girls’ lacrosse team racked up an unprecedented
amount of player superlatives, including 40 All-State honors, 11 U.S. Lacrosse
All-Americans since 2004, four U.S. Lacrosse honorable mention All-
Americans since 2005 and 30 U.S. Lacrosse Academic All-Americans, and;
WHEREAS, the players on the Milton High School girls’ lacrosse team are champions not
only on the field, but also in the classroom, in the community and in life; we
are proud that this great team is located in Milton, Georgia.
Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and
proclaim Monday, June 7 as “Milton High School Lacrosse Day” in the City of Milton, Georgia.
Given under our hand and seal of the City of Milton, Georgia on this 7th day of June, 2010.
(Seal)
_________________________________
Joe Lockwood, Mayor
Milton High School Boys’ Lacrosse Team Day
WHEREAS, lacrosse is a sport that requires skillful hand-eye coordination, mental
awareness and physical endurance; and
WHEREAS, the boys’ lacrosse program began in 1999 as a club sport at Milton High
School and has grown rapidly since that time; and
WHEREAS, in 2002 the Georgia High School Association officially sanctioned
lacrosse as a high school sport and in 2005 recognized lacrosse as a full-
fledged high school sport, and;
WHEREAS, the Milton High School boys’ lacrosse team has a tradition of excellence
and accomplishment in academic and athletic competition reflecting the
highest ideals of hard work, training and sportsmanship; and
WHEREAS, the boy’s lacrosse team has made it to the Georgia High School
Association semi-finals in their 2008, 2009 and 2010 seasons; and
WHEREAS, the Milton High School boys’ lacrosse team won the Georgia High
School AAAAA State Championship in 2010 and;
WHEREAS, the players on the Milton High School boys’ lacrosse team are
champions not only on the field, but also in the classroom, in the
community and in life; we are proud that this great team is located in
Milton, Georgia.
Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and
proclaim Monday, June 7 as “Milton High School Lacrosse Day” in the City of Milton,
Georgia.
Given under our hand and seal of the City of Milton, Georgia on this 7th day of June,
2010.
(Seal)
_________________________________
Joe Lockwood, Mayor
City of Milton
Parks and Recreation
Needs Assessment Results
May, 2010
Table of Contents
..................................................................................Introduction and Methodology 1
Introduction
Methodology
...............................................................................................................Demographics 2
................................................................................................Facilities and Programs 5
Top 10 Facilities
Bottom 10 Facilities
Top 10 Programs
Bottom 10 Programs
Youth vs. Adult Facilities and Programs
Important Subgroups
........................................................................................................Funding Options 12
......................................................................................Parks and Recreation Usage 15
......................................................................................................................Summary 17
..............................................................Appendix I: Instrument with Frequencies 18
Introduction and Methodology
Introduction
The City of Milton is in a unique position. As a new city, it has the opportunity to design its parks
and recreation facilities and programs deliberately and “from the ground up.” There are a number
of different options that the City could provide or help provide and a number of different ways to
fund them, so it is important that the Parks and Recreation Department uses its limited resources to
provide residents the facilities and programs they want the most.
Methodology
To ensure that the City is heading in the right direction, it engaged The Schapiro Group, Inc. (TSG)
to conduct a comprehensive needs assessment to determine public opinion on parks and recreation
issues. TSG sent out 11,437 needs assessment instruments—with a cover letter signed by the Mayor
—to each house, apartment, and residential landowner in the City of Milton. The initial mailing was
sent out on March 16-17, 2010. There was an error in this mailing, though, as the mailhouse did not
include return envelopes in the needs assessment packet. A second mailing was then sent out on
March 23-24, 2010, which included the cover letter, needs assessment instrument, return envelope,
and a letter of apology from the mailhouse. A total of 2,629 were completed and returned by the
cutoff date (May 14, 2010) for a response rate of 23%. Fifty-nine households returned multiple
needs assessments—almost entirely as a result of receiving two separate instruments; duplicates
were removed from the final sample.
1
Demographics
Below are graphics representing the demographic breakdown of respondents. We are unable to
ensure demographic representativeness of the needs assessment, as no comparison data are
currently available.1 We are encouraged, though, by the geographic breakdown. When comparing
the percentage of mailings sent out to the different areas of town, they match the percentages of
mailings returned from those areas exactly.
1 The current U.S. Census will be the first to collect population data for the City of Milton, but the data will not be
released for several years.
2
7%93%
Own Rent
Figure 3. Do you own or rent your home?
58%42%
Male Female
Figure 1. Gender
18%
24%
35%
19%
4%
18-29 30-39 40-49
50-59 60+
Figure 2. Age
3
0%
10%
20%
30%
40%
50%
None 1 2 3 4+
3%
9%
28%
16%
44%
Figure 4. How many children ages 18 and under live in your household?
0%
10%
20%
30%
Less than 1 year 1 - 5 6 - 10 11 - 15 16 - 18
15%
25%24%
16%
4%
Figure 5. Please indicate if you have children in your household in any of the following age
ranges (check all that apply)
4
13%
17%
23%
47%
Figure 6. Area of town
Facilities and Programs
Top 10 Facilities
We first asked residents to select the facilities and programs that they think the City of Milton
should either provide or help provide. There were a total of 38 facilities and 30 programs from
which residents could choose, and they were allowed to select as many as they liked.2 Figure 7
shows the ten most popular facilities tested in the needs assessment.
Figure 7. Please indicate whether you think the City of Milton should provide or help provide
FACILITIES for the following items (Top 10)
Paved Multipurpose Trails
Playgrounds
Picnic Shelters
Spaces Left Natural
Unpaved Hiking Trails
Youth Soccer
Youth Baseball
Tennis
Accessible Spaces
Indoor Youth Sports
0%25%50%75%100%
39%
39%
42%
43%
45%
49%
50%
52%
60%
69%
Only three of the options receive a majority of support: paved multipurpose trails, playgrounds, and
picnic shelters. Each of the top ten, though, do receive support from nearly 40% of residents or
more.
A couple of themes are also evident in Figure 7. First, the five most popular responses all relate to
enhancing the experience of outdoor spaces available in Milton. Residents, in this case, are not
calling for new stadiums or buildings, but rather facilities that make it easier for them to enjoy time
outside. Second, three of the top ten are directly related to youth activities: youth soccer, youth
baseball, and indoor youth sports. Both of these themes—children and enhancing the outdoor
experience—are consistent throughout residents’ responses to the needs assessment.
2 All options can be seen in the needs assessment instrument, shown in Appendix I
5
Several of the tested facilities could actually be combined into a single facility; that is, activities such
as youth baseball, youth softball, and adult softball could all be played in the same complex, so long
as it had a diamond-shaped field. Another complex could have a rectangle-shaped field and host
youth soccer, youth lacrosse, youth football, adult soccer, and adult lacrosse.3 Figure 8 shows the
updated top ten facilities list, once those sports are combined into single facilities.
Paved Multipurpose Trails
Playgrounds
Ex. 1: Rectangle Facility
Ex. 2: Diamond Facility
Picnic Shelters
Spaces Left Natural
Unpaved Hiking Trails
Tennis
Indoor Youth Sports
Accessible Spaces
0%25%50%75%100%
39%
39%
42%
49%
50%
52%
52%
55%
60%
69%
Figure 8. Please indicate whether you think the City of Milton should provide or help provide
FACILITIES for the following items (Top 10)
Now the story is a little more clear. Residents are still very likely to support an enhanced outdoor
experience, but multi-sport facilities are now the third and fourth most popular items on the list.
Bottom 10 Facilities
Figure 9 shows the ten facilities that are least popular among residents. These facilities rank the
lowest among the tested facilities, but several of them still receive support from nearly one-quarter
of residents. As with the top ten list above, a couple of themes shine through for the bottom ten
list. Four of the bottom ten are what would be considered less prominent sports: youth lacrosse,
skate parks, roller hockey, and adult lacrosse. Also, sports geared toward adults (indoor adult sports,
adult softball, adult soccer, and adult lacrosse) are consistently less popular.
3 These are just two examples of items that could be combined based on their similarities.
6
Youth Lacrosse
Indoor Adult Sports
Adult Softball
Equestrian
Outdoor Volleyball
Skate Parks
Golf
Adult Soccer
Roller Hockey
Adult Lacrosse
0%25%50%75%100%
10%
11%
17%
17%
20%
20%
22%
23%
25%
26%
Figure 9. Please indicate whether you think the City of Milton should provide or help provide
FACILITIES for the following items (Bottom 10)
Top 10 Programs
We similarly created a top 10 list of the programs that Milton residents were most likely to want the
City to provide or help provide. Figure 10 shows the results.
City Festivals
Holiday Celebrations
Concerts
Activity Classes
Adult Education Classes
Youth Soccer
Youth Baseball
Senior Citizens Activities
Indoor Youth Sports
Youth Softball
0%25%50%75%100%
35%
36%
40%
41%
42%
46%
49%
49%
50%
59%
Figure 10. Please indicate whether you think the City of Milton should provide or help provide
PROGRAMS for the following items (Top 10)
The most popular programs proved to be one-time special or yearly events, such as city festivals,
holiday celebrations, and concerts. Youth programming was also very popular, as four such
programs appear in the top 10.
7
Bottom 10 Programs
The ten least supported programs align closely with the least supported facilities. Once again, the
list is largely comprised of the less prominent sports and adult activities (Figure 11).
Outdoor Performing Arts
Indoor Adult Sports
Adult Softball
Equestrian
Outdoor Basketball
Golf
Adult Soccer
Outdoor Volleyball
Adult Lacrosse
Roller Hockey
0%15%30%45%60%
7%
7%
11%
12%
13%
14%
18%
19%
19%
20%
Figure 11. Please indicate whether you think the City of Milton should provide or help provide
PROGRAMS for the following items (Bottom 10)
Youth vs. Adult Facilities and Programs
To emphasize the degree to which Milton residents support children’s activities over adults’, we can
compare the items that ask specifically about each. For example, included in the needs assessment
were an item that asked about “youth soccer” and a separate item that asked about “adult soccer.”
The four such pairs that provide direct comparisons are presented in Figure 12, where it is evident
that youth-oriented facilities receive a great deal more support than adult-oriented facilities.
Youth Adult
0%
10%
20%
30%
40%
50%
Soccer Indoor Sports Softball Lacrosse
10%
23%25%
17%
26%
37%39%
45%
Figure 12. Please indicate whether you think the City of Milton should provide or help provide
FACILITIES for the following items
8
The same trend applies to youth versus adult programs: Milton residents are consistently more likely
to support youth sports (Figure 12). Also note that each of the program percentages is slightly
lower than the same percentage for facilities.
Youth Adult
0%
10%
20%
30%
40%
50%
Soccer Indoor Sports Softball Lacrosse
7%
19%19%
12%
25%
35%36%
42%
Figure 12. Please indicate whether you think the City of Milton should provide or help provide
PROGRAMS for the following items
Important Subgroups
Milton residents are also quite consistent in terms of which demographic subgroups hold distinct
opinions on parks and recreation. Throughout the needs assessment, parents, younger residents
(ages 18 to 29), and older residents (ages 60 and older) are the ones whose responses differ from the
rest. As an example, Figure 13 shows the top ten facilities among residents who have children ages
18 or under living in their household and compare them to residents who do not.4
The top ten facilities for parents are largely the same as the overall list, with outdoor enhancement
items such as paved multipurpose trails and picnic shelters at the top of the list, followed by youth
sports. The only item appearing in this list that does not appear in the overall top ten is another
activity for children, youth softball. Despite the similarities, it is important to note that parents are
more likely to support almost all of these facilities, and four of them receive support from a
majority of parents.
Another important demographic difference is age. The youngest residents and the oldest residents
tend to have somewhat different views on parks and recreation in Milton than other residents.
Turning to younger residents, Figure 14 shows the top ten facilities for residents ages 18 to 29. This
list still includes the outdoor enhancements, but there are no children’s activities. Instead there are a
few new items: dog parks, multi-sport facilities, and indoor swimming. Also, younger residents are
more likely to support each of the top ten facilities. When making future plans it should be noted,
however, that 18 to 29 year olds make up only 4% of this sample.
4 We will look only at facilities in this section, as the story for programming is almost identical to that of facilities among
demographic subgroups.
9
Paved Multipurpose Trails
Playgrounds
Picnic Shelters
Youth Soccer
Youth Baseball
Indoor Youth Sports
Unpaved Hiking Trails
Natural Spaces
Tennis
Youth Softball*
0%25%50%75%100%
32%
30%
51%
48%
27%
35%
35%
48%
49%
63%
43%
47%
49%
49%
49%
50%
53%
56%
69%
75%
Figure 13. Top 10 FACILITIES for respondents with children
Has children Does NOT have children*Denotes a difference from the
overall Top 10 Facilities list
Figure 14. Top 10 FACILITIES for residents 18-29 years old
Paved Multipurpose Trails
Playgrounds
Picnic Shelters
Unpaved Hiking Trails
Dog Parks*
Natural Spaces
Tennis
Multi-sport Facility*
Indoor Swimming*
Disabled Accessible
0%25%50%75%100%
39%
34%
33%
41%
49%
33%
48%
51%
60%
68%
43%
43%
44%
45%
51%
54%
59%
61%
68%
78%
18-29 30+*Denotes a difference from the
overall Top 10 Facilities list
10
Looking now at Milton’s residents ages 60 and older (Figure 15), two items are of interest. First, and
perhaps expectedly, senior citizens activities now appear in the top ten. Second, older residents are
less likely than other residents to support the City providing most of these facilities.
Multipurpose Trails
Playgrounds
Natural Spaces
Senior Citizens Activities*
Picnic Shelters
Unpaved Hiking Trails
Disabled Accessible
Indoor Facilities
Youth Baseball
Youth Soccer
0%25%50%75%100%
46%
44%
36%
39%
50%
52%
35%
49%
62%
71%
36%
38%
39%
40%
41%
49%
50%
51%
52%
57%
60+Younger than 60*Denotes a difference from the
overall Top 10 Facilities list
Figure 15. Top 10 FACILITIES for residents 60 and older
11
Funding Options
After providing Milton residents lists of facilities and programs that they might be interested in
having the City provide, we asked them what funding options they would choose to support those
facilities and programs. Figure 16 shows residents’ preferences for supporting facilities.
Grant Money
Capital Improvement Bond
User Fees
Low Interest Loan
Annual P&R Fee
Increased Property Taxes
None
0%25%50%75%100%
22%
13%
20%
26%
40%
42%
46%
Figure 16. Please select the option(s) you support for paying for FACILITIES
None of the options receive a majority of support, but the most popular funding option for
facilities is grant money from outside sources, which may require the City to match a portion of
those funds. The least popular options are the two that would directly affect all residents: an annual
parks and recreation fee charged to each household in Milton and increased property taxes (as City
charter would allow). Additionally, nearly one in four residents is not in favor of the City paying for
parks and recreation at all.
The most popular option for funding programs in Milton—which in fact receives a majority of
support—is user fees that would be paid only by users to cover all or a portion of costs (Figure 17).
User Fees
Grant Money
Capital Improvement Bond
Low Interest Loan
Annual P&R Fee
Increased Property Taxes
None
0%25%50%75%100%
26%
7%
13%
15%
26%
37%
51%
Figure 17. Please select the option(s) you support for paying for PROGRAMS
12
The same two options as before—an annual parks and recreation fee and increased property taxes—
receive the least support, while slightly more than one-quarter does not support the City funding any
programs.
When comparing residents’ support for facilities versus programs, it is clear that residents are more
likely to prefer nearly every option for funding facilities over programs (Figure 18). The only option
residents prefer for programs is user fees. This could indicate that residents prefer City funds be
used to provide facilities, while the programs taking place in those city-provided facilities are paid for
only by the participants through user fees.
Facilities Programs
Grant Money
Capital Improvement Bond
User Fees
Low Interest Loan
Annual P&R Fee
Increased Property Taxes
None
0%10%20%30%40%50%60%
26%
7%
13%
15%
51%
26%
37%
22%
13%
19%
26%
40%
42%
46%
Figure 18. Please select the option(s) you support for paying for facilities and programs
In particular, residents with children ages 18 and under living in their home are more willing to
support funding options for both facilities and programs, as seen in Figures 19 and 20, respectively.
There are no consistent age-based differences when it comes to choosing a funding method, though
older residents are more likely to support the City not paying for parks and recreation facilities (31%
“None”) and programs (36%).
13
Grant Money
Capital Improvement Bond
User Fees
Low Interest Loan
Annual P&R Fee
Increased Property Taxes
None
0%10%20%30%40%50%60%
26%
12%
15%
23%
41%
37%
43%
18%
14%
23%
28%
40%
46%
51%
Has children Does NOT have children
Figure 19. Please select the option(s) you support for paying for FACILITIES
14
User Fees
Grant Money
Capital Improvement Bond
Low Interest Loan
Annual P&R Fee
Increased Property Taxes
None
0%10%20%30%40%50%60%
31%
6%
10%
13%
22%
33%
48%
20%
8%
16%
17%
29%
40%
54%
Has children Does NOT have children
Figure 20. Please select the option(s) you support for paying for PROGRAMS
Parks and Recreation Usage
In the next section of the needs assessment, we asked Milton residents about the parks and
recreation facilities they currently use as well as their reasons for using them. In sum, residents use a
variety of facilities, and they use them fairly often (Figure 21).
Parks in Surrounding Areas
Membership Facilities
Local, Private Facilities
Bell Memorial Park
0%25%50%75%100%
Figure 21. How often did you visit each of the following locations in the past 12 months?
Very Often Somewhat Often Rarely Never
The most popular locations are parks in surrounding areas, which nearly two-thirds of residents
indicate they visit at least somewhat often. About one-half of residents visit membership health/
recreation facilities (YMCA, LA Fitness, etc.) and local private facilities (soccer clubs, stables, etc.) at
least somewhat often. Few residents ever visit Bell Memorial Park.
Parks and recreation usage depends greatly on the presence of children in the household (Figure
22). Looking just at the percentage of residents who indicate that they visit those locations “very
often,” it is evident just how important the presence of children is. Respondents with children are
more than twice as likely to visit nearby parks very often, and nearly everyone who visits Bell
Memorial Park very often has children.
Figure 22. How often did you visit each of the following locations in the past 12 months?
(percentage “Very Often” responses)
Parks in Surrounding Areas
Membership Facilities
Local, Private Facilities
Bell Memorial
0%10%20%30%40%50%
1%
15%
27%
20%
17%
38%
40%
44%
Has children Does NOT have children
15
When looking at Milton residents’ reasons for using parks and recreation facilities, again notice their
consistency in wanting to enjoy the outdoor experience and to provide activities for children (Figure
23).
Exercise/Walk/Run/Hike/Bike
Visit and Enjoy a Park
Athletic League (Child)
Take Child to Play
Class or Program
Atheltic League (Self)
Equestrian Facilities
0%25%50%75%100%
Figure 23. Thinking about your family’s sports and recreation activities in the past 12 months,
how often did you go to a park or health/recreation facility in Milton or any
surrounding communities for each of the following reasons?
Very Often Somewhat Often Rarely Never
In the past year, more than one-half of residents went to a park or health/recreation facility at least
somewhat often to exercise/walk/run/hike/bike on trails or simply to visit and enjoy a park. The
two next most popular reasons were to have their child participate in an athletic league or to take
their child to play.
16
Summary
❖ Milton residents support the City providing a variety of facilities, particularly those that enhance
their outdoor experience and those related to children’s activities.
❖ Residents also support a variety of programming options. The most popular are one-time
citywide events, such as festivals and concerts. Programming for children also receives a great
deal of support.
❖ The least popular facilities and programs are those that involve adult activities or less prominent
sports.
❖ Residents with children as well as younger residents are more likely to support the City providing
most facilities and programs. Older residents are somewhat less supportive.
❖ The most popular funding options for facilities are grant money and capital improvement bonds.
The most popular option for programs is user fees. Residents with children are more likely to
support most funding options.
❖ Milton residents spend a good deal of time in nearby parks, and they also take advantage of
membership facilities and local private facilities in the area. Few visit Bell Memorial Park.
Residents with children in their household are more likely to visit each of those locations “very
often.”
❖ When residents visit parks or health/recreation facilities, they largely do so to exercise or simply
to enjoy being outdoors. The other primary reasons are to take their children to play or have
them participate in an athletic league.
17
Appendix I: Instrument with Frequencies
18
City of Milton
13000 Deerfield Parkway Suite 107A Milton, GA 30004
March 22, 2010
Dear Milton Resident,
These are exciting times for the City of Milton! One of the most important initiatives we
have undertaken recently is to establish a Parks and Recreation Department. The
department’s first action is to conduct a Needs Assessment, with the goal of discovering
what citizens would like from the Parks and Recreation Department. All Milton
citizens will have the opportunity to participate in this landmark process.
The attached Needs Assessment is critical to our parks and recreation planning. Please
take a few moments to complete the Needs Assessment and return it by April 19, 2010.
Once you’ve completed it, place the Needs Assessment in the pre-addressed, postage-
paid envelope, which will be delivered to a third party research firm in order to ensure
complete confidentiality.
We want to hear from each of you! Your responses will lead to the creation of a long-
range comprehensive plan that will meet the needs of you, your children, and
generations to come. We appreciate your support of Milton and this important parks
and recreation research initiative. Thank you for taking the time to provide your input.
Respectfully,
Mayor Joe Lockwood
P.S. This survey is for Milton residents and property owners only. If you do not reside
OR personally own residential property within the city limits of Milton, please discard
this survey. If you are younger than 18 years of age, please give this survey to a
household member who is older than 18 to complete.
City of Milton
Parks and Recreation Needs Assessment
The City of Milton Parks and Recreation Department is interested in what types of facilities and programs citizens would
like to have in Milton. Facilities could be athletic fields, recreation centers, or open green spaces. Programs might be
athletic leagues, leisure activities, classes, or city festivals.
For the list below, please indicate whether you think the City of Milton should provide or help provide facilities and/or
programs for each item. (For example, if you think the City should provide or help provide tennis facilities, but not programs,
check the box in the facilities column, and leave the box in the programs column blank.)
The City of Milton Parks and Recreation Department is interested in what types of facilities and programs citizens would
like to have in Milton. Facilities could be athletic fields, recreation centers, or open green spaces. Programs might be
athletic leagues, leisure activities, classes, or city festivals.
For the list below, please indicate whether you think the City of Milton should provide or help provide facilities and/or
programs for each item. (For example, if you think the City should provide or help provide tennis facilities, but not programs,
check the box in the facilities column, and leave the box in the programs column blank.)
The City of Milton Parks and Recreation Department is interested in what types of facilities and programs citizens would
like to have in Milton. Facilities could be athletic fields, recreation centers, or open green spaces. Programs might be
athletic leagues, leisure activities, classes, or city festivals.
For the list below, please indicate whether you think the City of Milton should provide or help provide facilities and/or
programs for each item. (For example, if you think the City should provide or help provide tennis facilities, but not programs,
check the box in the facilities column, and leave the box in the programs column blank.)
Should the City provide or help provide...Should the City provide or help provide...Should the City provide or help provide...
...facilities?...programs?
43%41%Youth baseball
37%35%Youth softball
45%42%Youth soccer
26%25%Youth lacrosse
35%34%Youth football
39%36%Indoor youth sports (basketball, volleyball, etc.)
23%19%Adult softball
17%12%Adult soccer
10%7%Adult lacrosse
25%19%Indoor adult sports (basketball, volleyball, etc.)
28%14%Outdoor basketball
20%11%Outdoor volleyball
34%26%Indoor swimming
34%25%Outdoor swimming
42%32%Tennis
17%13%Golf
11%7%Roller hockey
28%25%Adaptive sports (for individuals with disabilities)
28%26%Indoor performing arts
24%20%Outdoor performing arts
30%33%Arts and crafts (painting, pottery, etc.)
37%40%Senior citizens activities
22%18%Equestrian activities
19
The following list contains more possible programs that the City could provide or help provide, which might not require specific
facilities. Please check the types of programs you believe the City should provide or help provide:
46% Adult education classes, such as computer training, “how-to” classes, etc.
49% Activity classes, such as dance, fitness, etc.
31% Environmental education
49% Concerts
50% Holiday celebrations
59% City festivals
17% Some other program (please specify) ________________________________________________________
The following list contains more possible facilities that the City could provide or help provide, which might not have specific
programs associated with them. Please check the types of facilities you believe the City should provide or help provide:
37% Indoor facilities for meetings, events, and group activities, including youth and adult programs
60% Playgrounds
39% Facilities and areas more accessible to disabled individuals, such as trails, playgrounds, etc.
34% Multi-sport outdoor facility, for sports such as kickball or flag football
69% Paved multi-purpose biking/walking/strolling/running trails
49% Unpaved hiking trails
33% Unpaved biking trails such as mountain biking trails
24% Equestrian trails
52% Picnic shelters and pavilions for group and family picnic activities
35% Dog parks
20% Skate parks
33% Nature centers
32% Community gardens
50% Large open spaces left in their natural state
11% Some other facility (please specify) _______________________________________________________
The City is considering several options that could be used to pay for parks and recreation facilities and programs in the future.
Please select the option(s) you support for paying for facilities AND the option(s) you support for funding programs. (If you do
not think the City should pay for parks and recreation facilities and programs, check “None” at the bottom of the list.)
The City is considering several options that could be used to pay for parks and recreation facilities and programs in the future.
Please select the option(s) you support for paying for facilities AND the option(s) you support for funding programs. (If you do
not think the City should pay for parks and recreation facilities and programs, check “None” at the bottom of the list.)
The City is considering several options that could be used to pay for parks and recreation facilities and programs in the future.
Please select the option(s) you support for paying for facilities AND the option(s) you support for funding programs. (If you do
not think the City should pay for parks and recreation facilities and programs, check “None” at the bottom of the list.)
Facilities Programs
42%26%A capital improvement bond to be repaid over 20 years, which would require a citizen vote
46%37%Grant money from outside sources, which may require the City to match a portion of those funds
26%15%A low interest (3%-4%) loan from the state or federal government
13%7%Increased property taxes (as City charter would allow)
40%51%User fees—would be paid only by users to cover all or a portion of costs
20%13%An annual parks and recreation fee charged to each household in Milton
22%26%None—I am not in favor of the City paying for parks and recreation*
fjndfgjndfg CONTINUED ON BACK ‛* The frequencies displayed here have been recoded. Some respondents selected a funding option as well
as the “None” option, so they were not counted as selecting “None.” Others did not select any of the
options, so they were counted as selecting “None.”
20
kjkkjhkjhjbkhjh g
Type to enter text
How often did you visit each of the following locations
in the past 12 months? Very often Somewhat often Rarely Never
Bell Memorial Park 10%6%14%70%
Any park in the City of Alpharetta (including North Park), Johns
Creek, Roswell, Forsyth County, or Cherokee County 34%32%21%13%
Alpharetta YMCA, LA Fitness, Anytime Fitness, LifeTime Fitness, or
other similar membership health/recreation facilities 34%17%14%35%
Any other local, private recreation facility, such as a soccer club, stables,
a neighborhood or apartment complex facility, or a church gymnasium
or ball field
28%23%21%28%
Thinking about your family’s sports and recreation activities in
the past 12 months, how often did you go to a park or health/
recreation facility in Milton or any surrounding communities
for each of the following reasons?Very often Somewhat often Rarely Never
To participate in an athletic league yourself 10%9%14%67%
For your child to participate in an athletic league 33%14%7%46%
To participate in a class or program being conducted there 14%15%21%50%
To simply visit and enjoy a park that was nearby 25%36%22%17%
To take your child to play 21%23%14%42%
To exercise/walk/run/hike/bike on the trails 30%33%20%17%
To utilize the equestrian facility/trails 8%8%9%75%
Are you…
42% Male
58% Female
What is your age?
4% 18 - 29
19% 30 - 39
35% 40 - 49
24% 50 - 59
18% 60 +
Do you own or rent
your home?
93% Own
7% Rent
How many children ages 18 and
under live in your household?
44% None
16% 1
28% 2
9% 3
3% 4 or more
Please indicate if you have
children in your household in any
of the following age ranges:
(Check all that apply)
4% Less than one year
16% 1 - 5
24% 6 - 10
25% 11 - 15
15% 16 - 18
How many adults over age 18 live in your
household?
8% None†
16% 1
65% 2
8% 3
3% 4 or more
Finally, in your opinion, what should be
the top priority for the City of Milton
Parks and Recreation Department for the
next few years?
________________________________________
________________________________________
________________________________________
Thank You!
† The “None” option should not be a possible answer based on the
specified parameters of this needs assessment. Respondents who
selected this option almost certainly meant that he or she was the
only adult in the household.
21
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on May 13, 2010 for June 7, 2010 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Manor Golf
Development, LLC
City Manager’s Office Recommendation:
Approve the issuance of an Alcohol Beverage License to Manor Golf Development, LLC for
consumption of premises of wine, malt beverages, and distilled spirits.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: Manor Golf Development, LLC
Owner(s) Name: Riverfront Management, Inc
Business Address: 15951 Manor Club Dr
Type of License to be Issued: Consumption on Premises – Wine, Malt Beverages, & Distilled
Spirits
Concurrent Review:
Chris Lagerbloom, City Manager
Deb Harrell, Chief of Police
Lynn Tully, Director of Community Development
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on May 13, 2010 for June 7, 2010 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Manor Golf
Development, LLC
City Manager’s Office Recommendation:
Approve the issuance of an Alcohol Beverage License to Manor Golf Development, LLC for
consumption of premises of wine, malt beverages, and distilled spirits.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: Manor Golf Development, LLC
Owner(s) Name: Riverfront Management, Inc
Business Address: 15952 Manor Club Dr
Type of License to be Issued: Consumption on Premises – Wine, Malt Beverages, & Distilled
Spirits
Concurrent Review:
Chris Lagerbloom, City Manager
Deb Harrell, Chief of Police
Lynn Tully, Director of Community Development
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on May 13, 2010 for June 7, 2010 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to The Olive Group
d/b/a River Tavern
City Manager’s Office Recommendation:
Approve the issuance of an Alcohol Beverage License to The Olive Group d/b/a River Tavern
for consumption of premises of wine, malt beverages, and distilled spirits.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: The Olive Group d/b/a River Tavern
Owner(s) Name: Michelle C. Steinfeld
Business Address: 2955 Bethany Bend Rd, Ste 300-400
Type of License to be Issued: Consumption on Premises – Wine, Malt Beverages, & Distilled
Spirits
Concurrent Review:
Chris Lagerbloom, City Manager
Deb Harrell, Chief of Police
Lynn Tully, Director of Community Development
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
1
To: Honorable Mayor and City Council Members
From: Lynn Tully, AICP, Community Development Director
Date: May 5, 2010, Submitted for the June 7, 2010, City Council
Regular Meeting for Public Hearing and Consideration of Adoption.
Agenda Item: Text Amendment to add Article 13, “Historic Preservation” to the City of Milton
Zoning Ordinance, RZ09-04
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment, Article 13,
“Historic Preservation” of the City of Milton Zoning Ordinance.
Background:
In 2007, a passionate group of residents presented to the Community Development Department
a draft ordinance for the creation of a Historic Preservation Commission (HPC) to help preserve
the sites catalogued by the Georgia Department of Natural Resources and Fulton County in a
1996 survey. The Mayor and City Council established the Historic Preservation Committee in
December of 2008 to develop an ordinance, along with Staff, to preserve Milton‟s historic
resources.
After review by the City Attorney, Staff presented the Ordinance to the Mayor and City Council
at the August 10, 2009 Work Session. At the meeting, there was extensive discussion about the
Prior Use Incentive and how it would affect the potential sites and adjacent property‟s future
land use. The majority of the Mayor and City Council requested that the Ordinance be reviewed
by the Design Review Board and go before the Planning Commission for their review prior to
the Mayor and City Council‟s vote on September 21, 2009. The Mayor and City Council deferred
the item at the September 21st and October 19th meetings.
The Planning Commission discussed the draft Ordinance, and made recommendations at two
meetings-- on September 22 and a special called meeting on September 29. The discussions
and recommendations occurred with four of the HPC members present at both meetings. Staff
notes that the Planning Commission had specific legal questions for the City Attorney review;
these were addressed.
The Planning Commission reviewed the Ordinance on October 27th, and again on November
18th. The Planning Commission recommended that the Ordinance be forwarded to the Mayor
and Council for the December 21st meeting. The item was administratively withdrawn from the
agenda prior to the Council meeting to allow the HPC to review the Planning Commission
changes.
The HPC met on January 12, 2010, and discussed the changes suggested by the Planning
Commission. The members indentified six areas of concern. They felt that these items should
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
2
be brought before the HPC for a vote to decide whether or not they should be revised or re-
inserted into the final draft. Comments on the areas in question included the following:
1. Incentives/rewards—The Ordinance does not offer anything in the way of incentives.
Members agreed that actual incentives should be created by the City Council. They
suggested adding language to indicate that the HPC‟s powers would include making
recommendations to the City Council for incentives, as necessary.
2. Penalties—Members did not like the tone of the Ordinance as revised. Penalties (with
no incentives) make up a large portion of the revised Ordinance. Members agreed to
leave the Penalties section, as suggested by the Planning Commission, unchanged.
3. Historic District—Members felt that including provisions for a Historic District is an
important element of the Ordinance. Once enough structures in a certain area have
been declared historic, the City should have the option of incorporating a Historic
District. Members wanted to change language back to what was originally agreed to by
the HPC.
4. Appointment/Terms—Members felt that part of this section is redundant. The following
should be removed: “HPC members and ex-officio members shall serve terms as
appointed by the Mayor and City Council.”
5. Property owner‟s approval—Members felt that the City Council should have the ability to
nominate a property as Historic without the property owner‟s approval. This ability is
supported by the State model. In particular, this language will provide protection for
structures that the City feels should not be demolished. This language will be added
back to the Ordinance, as written in the State Model Ordinance. Language about the
appeals process and undue hardship for the property owner will also be added.
Also, some of the HPC members were concerned that the language regarding the limitations on
use in the Prior Use Incentive section was not strong enough. There was concern that this
allowance would create spot zoning and open a property up for unlimited commercial uses.
Members present felt that the City Council should at least have the option of considering this
incentive.
Unfortunately, a quorum was not present for this meeting, and the Committee was unable to
vote on the changes. The HPC met again on the 9th of February, and reviewed the changes as
incorporated by Staff. The HPC removed the Prior Use section and replaced it with a proposal
for rezoning to a new „Historic‟ zoning district for properties that meet prior use criteria. This
rezoning option would follow the standard process for rezoning, as set forth in the City of Milton
Zoning Ordinance.
At the March 3rd meeting, the Historic Preservation Committee reviewed Staff‟s changes, and
approved the final draft of the Ordinance.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
3
Discussion:
The HPC and Staff worked over several months to create the Historic Preservation Ordinance,
which is a based on the State model ordinance. The Ordinance establishes the criteria and
process for how a property and/or district may be designated as historic. The language and
structure of the Ordinance is established by the Georgia Historic Preservation Act and regulated
by the Georgia Historic Preservation Division. Once this Historic Preservation Ordinance is
adopted, a local Historic Preservation Commission may be created by the Mayor and City
Council.
Originally, the HPC recommended including a Prior Use Incentive section, which was not
included in the state model ordinance. The purpose of the Prior Use Incentive is to increase the
potential for use of historic properties in the AG-1 zoning district that previously had a non-
residential use, provided the historic structure was lawful during its prior operation. The benefit
of this Prior Use Incentive was to make preservation more attractive to owners of a historic
property because it provides flexibility and economic opportunities. At their meetings, the Design
Review Board and the Planning Commission recommended the deletion of the Prior Use
Incentive. (See the Planning Commission Version Approved and Minutes of 09/29/09 attached.)
The HPC has since removed this section, and replaced it with an option for rezoning to a new
„Historic‟ zoning district.
The Ordinance will alter the authority of the existing Design Review Board (DRB) in the
following manner: 1) Apply new historical design guidelines to ALL contributory structures
including single-family residential. 2) Place authority to regulate contributory structures under
jurisdiction of HPC which will be comprised of experts and enthusiasts. 3) The DRB will continue
to review plans for non-contributory structures in the Overlay Districts.
When the Historic Preservation Ordinance is adopted, the next step is for the Historic
Preservation Commission to be appointed by the Mayor and City Council and for staff to
prepare a new Historic Zoning District for amendment into the current Zoning Ordinance. Once
the Historic Preservation Commission is created, they would develop the Historic District Design
Guidelines, and conduct a public hearing for comments on the design guidelines. The Mayor
and City Council would then approve the Design Guidelines and at that time the Historic
Preservation Commission would begin the process of nominating properties/districts for historic
designation.
The Planning Commission recommended that one member of the DRB be selected by the DRB
to serve as one of the three ex-officio members of the Historic Planning Commission. It was the
Planning Commission‟s opinion that by having a DRB member involved it will provide additional
support to the Historic Planning Commission. The HPC has adopted this suggestion.
Please note that the recommendation brought forward for hearing and approval is the final
version approved by the HPC on March 3, 2010 with amendments as directed by the City
Attorney in consultation with the Community Development Director.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
4
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to add
Article 13, “Historic Preservation” to the City of Milton Zoning Ordinance.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
[Memo Historic Pres Art 13.050510]
1
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO.
AN ORDINANCE TO CREATE ARTICLE 13 OF THE MILTON ZONING CODE;
TO ESTABLISH A HISTORIC PRESERVATION COMMISSION IN THE CITY OF
MILTON TO PROVIDE FOR DESIGNATION OF HISTORIC PROPERTIES ; TO
PROVIDE FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS; TO
PROVIDE FOR AN APPEALS PROCEDURE; TO REPEAL CONFLICTING
ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE MILTON CITY COUNCIL, OF MILTON,
GEORGIA.
Section I
Purpose
In support and furtherance of its findings and determination that the
historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among
its most valued and important assets and that the preservation of this heritage is
essential to the promotion of the health, prosperity, and general welfare of the
people;
In order to maintain historic structures and to protect and enhance local
historical and aesthetic attractions to residents and tourists and thereby promote
and stimulate business;
In order to enhance the opportunities for federal or state tax benefits under
relevant provisions of federal or state law; and
In order to provide for designation, protection, preservation, and
rehabilitation of historic properties and to participate in federal or state programs
to do the same;
The Milton City Council, Milton, Georgia hereby declares it to be the
purpose and intent of this Ordinance to establish a uniform procedure for use in
providing for the identification, protection, enhancement, perpetuation, and use of
places, properties, sites, buildings, structures, objects, and landscape features
having special historical, cultural, archeological, or aesthetic interest or value, in
accordance with the provisions of the Ordinance.
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Section II
Definitions
A. “Application for Designation” – A formal request in writing in a form
specified by the Historic Preservation Commission that the Historic
Preservation Commission consider a property for possible designation as
a historic property or historic district.
B. “Building” - Any structure with a roof, designed or built for the support,
enclosure, shelter, or protection of persons, animals, chattels, or property
of any kind.
C. “Certificate of Appropriateness” – A document evidencing approval by the
Historic Preservation Commission of an application to make a material
change in the appearance of a designated historic property or of a
property located within a designated historic district.
D. “Designation” – A decision by the City of Milton to designate a property as
a “historic property” or as a “historic district” and thereafter prohibit all
material change in appearance of such property or within such district prior
to the issuance of a certificate of appropriateness by the Historic
Preservation Commission of the City of Milton.
E. “Exterior Architectural Features” – The architectural style, general design,
and general arrangement of the exterior of a building, structure, or object,
including but not limited to the kind or texture of the building material and
the type and style of all windows, doors, signs, and other appurtenant
architectural fixtures, features, details, or elements relative to the
foregoing.
F. “Exterior Environmental Features” – All aspects of the landscape or the
development or appearance of a site which affect the historical character
of the property.
G. “Historic District” – A geographically definable area, urban or rural,
possessing a significant concentration, linkage, or continuity of sites,
buildings, structures, works of art, or objects, or a combination thereof,
which (1) have special character or special historical or esthetic interest or
value; (2) represent one or more periods or styles or architecture typical of
one or more eras in the history of Milton, Fulton County, Georgia, or the
Nation; and (3) cause such area, by reason of such factors, to constitute a
visibly perceptible section of the city of Milton. A district may also comprise
individual elements separated geographically but linked by association or
history. A Historic District shall further mean an area designated by the
Milton City Council as a Historic District pursuant to the criteria established
in Section IV (B) of this Ordinance.
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H. “Historic Property” – An individual building, structure, site, or object
designated by the Milton City Council as a Historic Property pursuant to
the criteria established in Section IV (C) of this Ordinance.
I. “Material Change in Appearance” – A change that will affect the exterior
architectural or environmental features of a historic property or any
building, structure, site, object, or landscape feature within a historic
district, such as:
1. A reconstruction or alteration of the size, shape, or façade of a
historic property, including but not limited to, relocation of any doors
or windows or removal or alteration of any architectural fea tures,
details, or elements;
2. Demolition or relocation of a historic structure;
3. Commencement of excavation for construction purposes;
4. A change in the location or removal of advertising visible from the
public right-of-way; or
5. The erection, alteration, restoration, or removal of any building or
structure within a historic property or district, including but not
limited to walls, fences, steps and pavements, or other appurtenant
features.
J. “Object” – A material thing of functional, aesthetic, cultural, his torical, or
scientific value that may be, by nature or design, movable yet related to a
specific setting or environment.
K. “Site” – The location of a significant event, a prehistoric or historical
occupation or activity, or a building or structure, whether standing, ruined,
or vanished where the location itself maintains historical or archeological
value regardless of the value of any existing structure.
L. “Structure” – A work of interdependent and inter-related parts in a definite
pattern of organization. A man-made object; it may be large or small in
scale.
Section III
Creation of a Historic Preservation Commission
A. Creation of the Historic Preservation Commission.
There is hereby created a commission whose title shall be “M ilton Historic
Preservation Commission” (hereinafter (“HPC”).
B. HPC Members: Numbers, Appointment, Terms, and Compensation.
4
The HPC shall consist of seven (7) members appointed by the Milton City
Council with each appointing one member whose term will be three (3)
years, but shall be subject to reappointment for concurrent terms. All
members shall be residents of the City of Milton and shall be persons who
have demonstrated special interest, experience, or education in history,
architectural history, or the preservation of historic resources. Each
appointee shall reside anywhere within the city and not be bound to a
Councilperson‟s respective council district.
One member of the Milton Design Review Board (“DRB”), as designated
by the DRB, shall serve as an ex-officio member of the HPC.
In addition, two (2) ex-officio members may be appointed to the HPC by
majority vote of the HPC and will serve at the discretion of the HPC. These
additional ex-officio members are not required to own property in the City
limits, and do not need to be residents of the City of Milton, but have
expressed interest in the surrounding communities and are regarded as
valuable sources of information by consensus of the official members of
the HPC. Ex-officio members of the HPC shall not have voting rights and
shall not be counted for the purpose of determining whether a quorum of
HPC members exists at any HPC meeting.
To the extent an individual is available and willing to serve in the City of
Milton, at least one (1) official, voting HPC member shall be appointed
from among professionals in the disciplines of architecture, history,
architectural history, planning, archeology, building construction, real
property appraisal, or related professions.
HPC members shall not receive a salary, although they may be
reimbursed for expenses with the prior approval of the City Manager.
C. Statement of the HPC‟s Powers.
The HPC shall be authorized to:
1. Prepare and maintain an inventory of all property within the City of
Milton having the potential for designation as historic;
2. Recommend to the Milton City Council specific districts, sites,
buildings, structures, or objects to be designated by ordinance as a
historic property or a historic district;
3. Consider for approval proposals/recommendations for possible
rezoning of property to the Historic (“H”) zoning designation as
provided for in Section IV(D)(2)(a), based on prior use and
otherwise in accord with the requirements of the Historic (“H”)
zoning designation in the Milton Zoning Code.
4. Review applications for Certificates of Appropriateness, and grant
or deny same in accordance with the provisions of this Ordinance;
5
5. Recommend to the Milton City Council that any designation of a
historic property or historic district be revoked or removed;
6. Restore or preserve any historic properties acquired by the City of
Milton, subject to funding availability and with the prior approval of
the Milton City Council;
7. Promote the acquisition by the City of Milton of façade easements
and conservation easements as appropriate, in accordance with the
provisions of the Georgia Uniform Conservation Easement Act of
1992 (O.C.G.A. § 44-10.1 through 5);
8. Conduct educational programs on historic properties located within
the City of Milton and on general historic preservation activities;
9. Make such investigations and studies of matters relating to historic
preservation including consultation with historic preservation
experts, as the Milton City Council or the HPC itself may, from time
to time, deem necessary or appropriate for the purposes of
preserving historic resources;
10. Research local, state, federal, or private funds for historic
preservation, and make recommendations to the Milton City Council
concerning the most appropriate use of any funds acquired;
11. Recommend to the Milton City Council possible historic resource
incentive programs for their review;
12. Submit to the Historic Preservation Division of the Georgia
Department of Natural Resources a list of designated historic
properties or historic districts;
13. Perform historic preservation activities as the offic ial agency of the
Milton historic preservation program;
14. Retain persons with professional expertise to carry out specific
tasks, as needed, subject to funding availability and prior approval
by the Milton City Council;
15. Receive donations, grants, funds, or gifts of historic property and
acquire and sell historic properties provided the Milton City Council
has provided prior consent to do so and all State and local laws
regarding local government property disposition are followed . The
receipt of donations, grants, funds, or gifts shall be accepted only if
such acceptance does not violate the City of Milton Code of Ethics ;
6
16. Review and make comments to the Historic Preservation Division of
the Georgia Department of Natural Resources concerning the
nomination of properties within its jurisdiction to the National
Register of Historic Places;
17. Participate in private, state, and federal historic preservation
programs and with the approval of the Milton City Council enter into
contractual agreements to do the same; and
18. Recommend to the Milton City Council such sites, buildings,
structures, or objects that shall be considered a “Historical Site of
Interest” and by Milton City Council resolution shall adopt such
designation. The Milton City Council will provide and appropriate
historical marker to be displayed at the designated site.
D. HPC‟s Power to Adopt Rules and Standards.
The HPC shall adopt rules and standards for the transaction of business
and for consideration of applications for designations and Ce rtificates of
Appropriateness, such as By-Laws and design guidelines not inconsistent
with this Ordinance. The HPC shall have the flexibility to adopt such rules
and standards without amendment to this Ordinance. The HPC shall
provide for the time and place of regular meetings and a method for the
calling of special meetings, consistent with the Georgia Open Meetings
Act. The HPC shall select such officers as it deems appropriate from
among its members. A quorum shall consist of a majority of voting
members. All rules shall be ratified by the Milton City Council before
becoming effective.
E. Conflict of Interest.
The HPC shall be subject to all conflict of interest laws set forth in the
Georgia statutes and in the City of Milton Charter.
F. HPC‟s Authority to Receive Funding from Various Sources.
The HPC shall have the authority to accept donations and shall ensure
that these funds do not displace ap propriated governmental funds. The
HPC shall be subject to and comply with the Milton Ethics C ode.
G. Records of HPC Meetings.
A public record shall be kept of the HPC‟s resolutions, proceedings, and
actions. Reports to the Milton City Council will also be made on a regular
and timely basis.
Section IV
Recommendation and Designation of Historic Properties
7
A. Preliminary Research by HPC.
1. HPC‟s Mandate to Conduct a Survey of Local Historical Resources:
The HPC shall compile and collect information on historic resources
with the City of Milton. Records shall be stored in the City of Milton
storage area.
2. HPC‟s Power to Recommend Districts and Buildings to the Milton
City Council for Designation: The HPC shall present to the Milton
City Council recommendations for historic districts and properties.
The HPC shall consider for approval proposals/recommendations
for possible rezoning of property to the Historic (“H”) zoning
designation as provided for in Section IV(D)(2)(a), based on prior
use and otherwise in accord with the requirements of the Historic
(“H”) zoning designation in the Milton Zoning Code.
3. HPC‟s Documentation of Proposed Designation: Prior to the HPC‟s
recommendation to the Milton City Council of a property or district
for historic designation, the HPC shall prepare a Report for
Nomination consisting of:
a. A detailed physical description of the proposed historic property
or historic district; and,
b. A statement of the historical, cultural, architectural, and/or
aesthetic significance of the proposed historic property or historic
district; and
c. A map showing district boundaries and classification (i.e.,
contributing, non-contributing) of individual properties therein, or
showing boundaries of individual properties; and
d. A statement justifying the boundaries of the proposed property or
district; and
e. Representative photographs of the proposed property or district.
B. Designation of Historic District.
1. Criteria for Selection of Historic Districts: A historic district is a
geographically definable area, urban or rural, possessing a
significant concentration, linkage, or continuity of sites, buildings,
structures, works of art, or objects, or a combination thereof, which
(1) have special character or special historical or esthetic interest or
value; (2) represent one or more periods or styles or architecture
typical of one or more eras in the history of Milton, the State of
Georgia, or the Nation; and (3) cause such area, by reason of such
factors, to constitute a visibly perceptible section of the city of
Milton. A district may also comprise individual elements separated
geographically but linked by association or history. A Historic
8
District is deemed worthy of preservation by reason of value to the
Nation, the State of Georgia, or the City of Milton for one or more of
the following reasons:
a. It possesses an outstanding example of structures representative
of its era; or
b. It contains the few remaining examples of a past architectural
style or type over fifty (50) years old; or
c. It is a place associated with an event or persons of historic or
cultural significance to the City of Milton, State of Georgia, or the
region; or
d. It is the site of natural, archeological, or aesthetic interest that
contributes to the cultural or historical development and heritage of
the municipality, county, State, or region.
2. Boundaries of a Historic District: Boundaries of a Historic District
shall be included in the separate ordinances designating such
districts and shall be shown on the Official Zoning Map of the City of
Milton, Georgia.
3. Evaluation of Properties with Historic Districts: Individual properties
within historic districts shall be classified as:
a. Contributing (contributes to the district); or
b. Non-Contributing (Does not contribute to the district as provided
for in IV (B)(1) of this Ordinance).
C. Designation of Historic Property.
1. Criteria for Selection of Historic Properties: An individual building,
structure, site or object deemed worthy of preservation by reason of
value to the Nation, the State of Georgia, or the City of Milton for one
or more of the following reasons:
a. It is an outstanding example of a structure representative of its
era; or
b. It is one of the few remaining examples of a past architectural
style or type over fifty (50) years old; or
c. It is a place associated with an event or persons of historic or
cultural significance to the City of Milton, State of Georgia, or the
region; or
d. It is the site of natural, archeological, or aesthetic interest that
contributes to the cultural or historical development and heritage of
the municipality, county, State, or region.
9
2. No building, structure, site or object shall be eligible to be
designated as a Historic Property unless it existed on the same
property since the incorporation of the City of Milton.
D. „Historic‟ (H) Zoning Designation.
1. Purpose: This base zoning designation allows for a historic
property to be used, protected, renovated and preserved. It may allow a specific,
previous use to continue in a structure where that use would be considered non -
conforming as defined in the Milton Zoning Code. Creation of the Historic (“H”)
zoning designation shall be in accord with the ordinary procedures and processes
for zoning district creation in the City of Milton, and the final decision regarding
the components and uses authorized by and in the Historic (“H”) zoning district
shall remain exclusively with the Milton City Council.
2. Approval process:
a. Designation is proposed per Section IV (E)(1) followed by formal
approval of the HPC, except that when the proposal originates in the HPC or the
Milton City Council no additional HPC approval shall be required prior to
commencement of the formal zoning process;
b. The property owner shall follow the process for rezoning as
established by Article 28 of the Zoning Ordinance.
E. Requirement for Adopting an Ordinance for the Designation of Historic
Districts, Historic Properties, and Historic Zoning.
1. Application for Designation of Historic Districts, Properties or
Historic Zoning – Designations may be proposed by the Milton City
Council, via majority vote, or by the HPC via a majority of that
Commission, or:
a. for Historic Districts – a historical society, neighborhood
association, or the owners of a group of properties;
b. for Historic Properties – a historical society, neighborhood
association, or the property owner;
c. for a Historic Zoning Designation – a historical society,
neighborhood association, or the property owner.
2. Required Components of a Designation Ordinance: Any ordinance
designating any property or district as historic shall:
a. list each property in a proposed historic district or describe the
proposed individual historic property;
b. set forth the name(s) of the owner(s) of the designated property
or properties;
10
c. require that a Certificate of Appropriateness be obtained from the
HPC prior to any material change in appearance of the designated
property; and
d. require that the property or district be shown on the Official
Zoning Map of the City of Milton, Georgia and kept as a public
record to provide notice of such designation.
3. Require Public Hearings: The HPC and the Milton City Council shall
hold a joint public hearing at a special or regular HPC meeting on
any proposed ordinance for the designation of any historic district or
property. Notice of the hearing shall be published in at least three
(3) consecutive issues of the newspaper utilized by Milton as the
legal organ, and written notice of the hearing shall be mailed not
less than ten (10) or more than twenty (20) days prior to the date
set for the public hearing. A notice sent via the United States mail to
the last-known owner of the property shown on the City of Milton tax
digest and a notice sent via attention of the occupant shall
constitute legal notification to the owner and occupant under this
Ordinance.
4. Notification of Historic Preservation Division: No less than thirty (30)
days prior to making a recommendation on any ordinance
designating a property or district as historic, the HPC must submit
the report, required in Section IV (A)(3), to the Historic Preservation
Division of the Department of Natural Resources.
5. Recommendations on Proposed Designations: A recommendation
to affirm, modify or withdraw the proposed Ordinance for
Designation shall be made by the HPC within fifteen (15) days
following the joint Public Hearing and shall be in the form of a
resolution to the Milton City Council.
6. Milton City Council Action on the HPC‟s Recommendation:
Following receipt of the HPC recommendation, the Milton City
Council may adopt the Ordinance for Designation as proposed, may
adopt the ordinance with any amendments it deems necessary, or
reject the ordinance.
7. Notification of Adoption of Ordinance for Designation: Within thirty
(30) days following the adoption of the Ordinance for Designation
by the Milton City Council, the owners and occupants of each
designated historic property, and the owner(s) and occupants of
each building, structure, or site located within a designated historic
district, shall be given written notification of such designa tion by the
Milton City Council, which notice shall apprise said owners and
occupants of the necessity of obtaining a Certificate of
Appropriateness prior to undertaking any material change in
11
appearance of the historic property designated or within the historic
district designated. A notice sent via the United States mail to the
last-known owner of the property shown on the City of Milton tax
digest and a notice sent via United States mail to the address of the
property to the attention of the occupant sha ll constitute legal
notification to the owner and occupant under this Ordinance.
8. Notification of Other Agencies Regarding Designation: The HPC
shall notify all necessary agencies within the City of Milton of the
Ordinance for Designation.
9. Moratorium on Applications for Alteration or Demolition While
Ordinance for Designation is pending: If an Ordinance for
Designation is being considered, the HPC shall notify the permitting
division of the Community Development Department. No permit of
any kind shall be issued for work which would constitute a material
change in the appearance of a structure, site, or landscaping within
the designated area until the proposed Ordinance is enacted or
rejected by the City Council. The HPC must recommend via
resolution an Ordinance for Designation to the City Council within
60 days of the permitting division denying a building permit based
on the moratorium.
Section V
Application to HPC for Certificate of Appropriateness
A. Approval of Material Change in Appearance Involving Historic Properties.
After the designation by ordinance of a historic property or of a historic
district, no material change in the appearance of such historic property, or
of a contributing or non-contributing building, structure, site or object within
such historic district shall occur or be permitted to be made by the owner
or occupant thereof unless or until the application and approval of a
Certificate of Appropriateness. Certificates of Appropriateness for material
changes in historic properties and material changes to contributing
buildings, structures, sites, or objects in historic districts shall be issued by
the HPC in accord with the process set forth below. A Certificate of
Appropriateness for non-contributing buildings, structures, sites or objects
within a historic district shall be considered by the DRB after a public
hearing and otherwise in accord with ordinary and normal DRB processes
and procedures. A Building Permit shall not be issued without a Certificate
of Appropriateness.
A Certificate of Appropriateness shall be required before construction can
begin even in cases where a building permit is not required.
B. Submission of Plans to HPC.
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An Application for a Certificate of Appropriateness shall be accompanied
by drawings, photographs, plans and documentation required by the HPC.
C. Interior Alterations.
In its review of applications for Certificates of Appropriateness the HPC
shall not consider interior arrangement or use having no effect on exterior
architectural features.
D. Technical Advice.
The HPC shall have the power to seek technical advice from outside its
members on any application.
E. Public Hearings on Applications for Certificates of Appropriateness , Notices,
and Right to be Heard.
The HPC shall hold a public hearing at which each proposed Certificate of
Appropriateness is discussed. Notice of the hearing shall be published in
the newspaper utilized by Milton as the legal organ and written notice of
the hearing shall be made by the HPC to all owners and occupants of the
subject property. The written and published notice shall be provided in the
same manner and time frame as notices as required by the Georgia
Zoning Procedures Law.
The HPC shall provide the property owner and/or applicant an opportunity
to be heard at the Certificate of Appropriateness hearing.
F. Acceptable HPC Response to Applications for Certificates of Appropriateness.
HPC Action: The HPC may (i) approve the application for a Certificate of
Appropriateness as proposed; (ii) approve the Certificate of
Appropriateness with any modifications it deems necessary ; or (iii) reject
it.
1. The HPC shall approve the application and issue a Certificate of
Appropriateness if it finds that the proposed material change(s) in
the appearance would not have a substantial adverse effect on the
aesthetic, historic, or architectural significance and value of the
historic property or the historic district. In making this determination,
the HPC shall consider, in addition to any other pertinent factors,
the following criteria:
a. Reconstruction, Alteration, New Construction or Renovation:
Whether the proposed actions conform in design, scale,
building material, setback and site features and to the United
States Secretary of the Interior‟s Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings.
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b. Relocation:
1. The historic character and aesthetic interest of the
building, structure, or object contributes to its present
setting;
2. Whether there are definite plans for the area to be
vacated and what the effect of those plans on the character
of the surrounding area will be;
3. Whether the building, structure, or object can be moved
without significant damage to its physical integrity;
4. Whether the proposed relocation area is compatible with
the historical and architectural character of the building,
structure, site, or object.
c. Demolition:
1. The historic, scenic, or architectural significance of the
building, structure, site, or object;
2. The importance of the building, structure, site, or object to
the ambiance of the area;
3. The difficulty or impossibility of reproducing such a
building, structure, site, or object because of its design,
texture, material, detail, or unique location;
4. Whether the building, structure, site, or object is one of
the last remaining examples of its kind in the neighborhood
or the City;
5. Whether there are definite plans for use of the property if
the proposed demolition is carried out, and what the effect of
those plans on the character of the surrounding area would
be;
6. Whether reasonable measures can be taken to save the
building, structure, site, or object from collapse;
7. Whether the building, structure, site, or object is capable
of earning reasonable economic return on its value.
G. Deadline for Approval or Rejection of Application for Certificate of
Appropriateness.
1. The HPC shall approve or reject an application for a Certificate of
Appropriateness within forty-five (45) days after the filing thereof by the
owner or occupant of a historic property, building, structure or site.
Evidence of approval shall be by a Certificate of Appropriateness issued
14
by the HPC. Notice of the issuance or denial of a Certificate of
Appropriateness shall be sent by United States certified mail to the
applicant and all other persons who have requested such notice in writing
filed with the HPC.
2. Should the HPC fail to approve or reject an Application for Certificate of
Appropriateness within forty-five (45) days the application shall be
deemed automatically approved.
H. Necessary Action to be Taken by HPC upon Rejection of Application for
Certificate of Appropriateness.
1. In the event the HPC rejects an application, it shall state its reasons for
doing so, and shall transmit a record of such actions and reasons, in
writing, to the applicant. The HPC may suggest alternative courses of
action it thinks proper if it disapproves of the application submitted. The
applicant, if he or she so desires, may make modifications to the plans
and may resubmit the application at any time after making said
modifications.
2. In cases where the application covers a material change in the
appearance of a structure which would require the issuance of a building
permit, the rejection of the application for a Certificate of Appropriateness
by the HPC shall be binding upon the building inspector or other
administrative officer charged with issuing building permits and, in such a
case, no building permit shall be issued.
I. Requirement of Conformance with Certificate of Appropriateness.
1. All work performed pursuant to an issued Certificate of
Appropriateness shall conform to the requirements of such
certificate. In the event work is performed not in accordance with
such certificate, the HPC may request that the City obtain a cease
and desist order from the appropriate tribunal and all work shall
cease.
2. The Milton City Council may, of its own initiative or at the request of
the HPC, initiate any appropriate action or proceeding in a court of
competent jurisdiction to prevent any material change in
appearance of a designated historic property, except those changes
made in compliance with the provisions of this ordinance or to
prevent any illegal act or conduct with respect to such historic
property.
J. Certificate of Appropriateness Void if Construction not Commenced .
1. A Certificate of Appropriateness shall become void unless
construction has commenced within six (6) months of date of
issuance.
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2. A Certificate of Appropriateness shall expire after eighteen (18)
months unless said Certificate is renewed. A Certificate may be
renewed for a single eighteen (18) month period. A renewal must
be sought prior to the expiration of the original Certificate.
K. Recording an Application for Certificate of Appropriateness.
The HPC shall keep a public record of all applications for Certificate of
Appropriateness, and of all the HPC‟s proceedings in connection with said
application. These records shall be maintained at City Hall.
L. Acquisition of Property.
The HPC may, where such action is authorized by the Milton City Council
and is reasonably necessary or appropriate for the preservation of a
historic property, enter into negotiations with the owner for the acquisition
by gift, purchase, exchange, or otherwise, to the property or any interest
therein. If property is conveyed based upon the efforts of the HPC, the
property interest shall be conveyed in the name of the City of Milton,
Georgia.
M. Appeals.
Any person adversely affected by any determination made b y the HPC
relative to the issuance or denial of a Certificate of Appropriateness may
appeal such determination to the Milton City Council. Any such appeal
must be filed with the Milton City Council within fifteen (15) days after the
issuance of the determination pursuant to Section V (G)(1) of this
Ordinance. The Milton City Council may approve, modify, or reject the
determination made by the HPC, if the governing body finds that the HPC
abused its discretion in reaching its decision. Appeals from decisions of
the Milton City Council may be taken to the Superior Court of Fulton
County via a writ of certiorari.
Section VI
Maintenance of Historic Properties and Building and Zoning Code Provision .
A. Ordinary Maintenance or Repair.
Ordinary maintenance or repair of any exterior architectural or
environmental feature in or on a historic property to correct deterioration,
decay, 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 Certificate of Appropriateness.
B. Failure to Provide Ordinary Maintenance or Repair.
Property owners of historic properties or properties within historic districts
shall not allow their buildings to deteriorate by failing to provide ordinary
16
maintenance or repair. The HPC shall be charged with the following
responsibilities regarding deterioration by neglect:
1. The HPC shall monitor the condition of historic properties and
existing buildings in historic districts to determine if they are being
allowed to deteriorate by-neglect. Such conditions as broken
windows, doors and openings which allow the elements and vermin
to enter, and the deterioration of a building‟s structural system shall
constitute failure to provide ordinary maintenance or repair.
2. In the event the HPC determines a failure to provide ordinary
maintenance or repair, the HPC will notify the owner of the property
and set forth the steps which need to be taken to remedy the
situation. The owner of such property will have thirty (30) days in
which to do this. A building permit may be required to accomplish
the necessary remedial measures
3. In the event that the condition is not remedied in thirty (30) days, the
owner shall be sanctioned as provided in Section VII of this
Ordinance and, upon approval of the Milton City Council, the HPC
may perform such maintenance or repair as is necessary to prevent
deterioration by neglect. The owner of the property shall be liable
for the cost of such maintenance and repair performed by the HPC
and shall reimburse the City of Milton for same. In the event
reimbursement does not occur, the Milton City Council shall have
the right to recover same using all available legal means, including
the placement of liens on the property in accordance with law.
C. Affirmation of Existing Building and Zoning Codes.
Nothing in this Ordinance shall be construed as to exempt property owners
from complying with existing City or County building and zoning codes .
Section VII
Penalty Provisions
A person, firm, corporation or other entity commits an offense if he/she/it violates
this Ordinance. Each day the offense continues constitutes a separate offense.
The following penalties, which are nonexclusive, and the exercise of one or more
of which shall not preclude exercise of the others, shall be imposed on those
persons or entities found to have violated this ordinance:
A. The same penalties as set forth in the Zoning Ordinance of the City for all
violations of requirements set forth in the said Zoning Ordinan ce; or
B. The penalties set forth in Chapter 12 of the Code of Ordinances of the City
for non-zoning violations.
17
C. Restrictions on future development. If a historic property is demolished or
relocated without a Certificate of Appropriateness, or in the event the plans
are changed for the property from which the resource was removed
without approval of the changed plans by the HPC, then the following
restrictions , in addition to any other penalties or remedies set forth in this
Ordinance, shall be applicable to the site where the structure or property
was formerly located:
1. No building or other permits will be issued for construction on the
site, with the exception of a permit to restore such structure or
property after obtaining a Certificate of Appropriateness, for a
period of five (5) years after the date of such demolition or removal.
2. No permits shall be issued by the City for any curb cuts on the site
for a period of five (5) years from and after the date of such
demolition or removal.
3. No parking lot for vehicles shall be operated whether for
remuneration or not on the site for a period of five (5) years from
and after the date of such demolition and removal.
4. The owner of the site shall maintain the site in a clean and orderly
state and shall properly maintain all existing trees and landscaping
on the site. When these restrictions become applicable to a
particular site, the building official shall cause to be filed a verified
notice thereof in the Real Property Records of Fulton County and
such restrictions shall then be binding on future owners of the
property.
D. Civil Action. As an additional remedy in addition to the penalties stated
above, the City Attorney for the City of Milton or his or her designee shall
have the power to take all necessary civil action to enforce the provisions
hereof and to request appropriate legal or equitable remedies or relief.
Section VIII
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, sentences, clauses, or
phrases of this Ordinance, 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.
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Section IX
Repealer
In the event the provisions of this Ordinance are in conflict with the provisions of any
other City of Milton Ordinance, the provisions of this Ordinance shall prevail.
Section X
Effective Date
This Ordinance shall become effective on 7th June, 2010.
THEREFORE BE IT RESOLVED, that the Milton City Council does hereby
ordain, resolve and enact the foregoing Ordinance for the City of Milton, Georgia, the
public health, safety and welfare demanding it.
Adopted this 7th day of June, 2010.
APPROVED:
MILTON CITY COUNCIL
BY: _____________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie Gordon, Interim City Clerk
City of Milton
Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 C Milton, GA 30004
1
SPECIAL CALLED MEETING
PLANNING COMMISSION ACTION MINUTES
Tuesday, September 29, 2009, 7:00 pm
City Council Chambers
13000 Deerfield Parkway
Building 100
1. Pledge of Allegiance
2. Call to Order
The meeting was called to order at 7:08 p.m.
Members Present:
Joe Creamer
Curtis Mills – Left prior to the adjournment
Cary Schlenke
Paul Moore – Chairperson
George Ragsdale
Members Absent:
Jennifer Fletcher
Fred Edwards
3. RZ09-04 – Text Amendment to the Zoning Ordinance – To add Article 13, Historic
Preservation – Continue to review and make a recommendation to the Mayor
and City Council .
The Planning Commission reviewed the document and recommended various
changes and edits. It was concluded that there were sections of the ordinance
that still needed work and questions for the City Attorney. The Planning
Commission decided to forward the document with the edits to the Council Work
Session on October 12, 2009.
4. Adjourn
A motion was made by Joe Creamer and seconded by Cary Schlenke to adjourn
the meeting. The motion passed unanimously 4-0. Time of adjournment was 10:10
p.m.
__________________________
Date Approved
__________________________
Paul Moore, Chairperson
City of Milton
Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 C Milton, GA 30004
1
PLANNING COMMISSION ACTION MINUTES
Tuesday, September 22, 2009, 7:00 pm
1. Invocation
2. Pledge of Allegiance
3. Call to Order
The meeting was called to order at 7:07 pm.
Members Present:
Joe Creamer
Curtis Mills
Cary Schlenke
Paul Moore – Chairperson
Jennifer Fletcher
George Ragsdale
Fred Edwards
4. Public Comment
There was no public comment.
A motion to close public comment was made by Cary Schlenke and seconded
by Fred Edwards. The motion passed unanimously 7-0.
5. Approval of Action Minutes – August 25, 2009 Meeting
A motion was made by Fred Edwards and seconded by Jennifer Fletcher to
approve the Action Minutes for August 25, 2009. The motion was approved 5-0-2
with George Ragsdale and Cary Schlenke voting to abstain.
6. RZ09-04 – Text Amendment to the Zoning Ordinance – To add Article 13, Historic
Preservation – This item was deferred by the Planning Commission on August 25,
2009.
Staff updated the Planning Commission on the Mayor and City Council’s decision
to defer the text amendment to be heard by the Planning Commission. The
Council in addition voted to have the Historic Preservation Ordinance brought
back to the Council Work Session on October 12 and to the City Council meeting
on October 19, 2009.
City of Milton
Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 C Milton, GA 30004
2
Mr. Mark Hancock, a member of the Historical Preservation Committee (HPC),
provided information as to how and why the HPC developed the Ordinance.
During the discussion, Robert Meyers, Norman Broadwell, and Travis Allen all
members of the HPC answered questions and made additional remarks during
the meeting.
After a lengthy discussion covering pages 1-12 of the Ordinance, various edits
and changes to the document were made. A hand vote was made by the
Commission to delete all references of the Historic Preservation Prior Use
Recognition within the ordinance. It passed unanimously 7-0.
It was decided by the Planning Commission that additional time was needed to
complete the review prior to the City Council’s work session on October 12, 2009.
The Planning Commission agreed upon Monday September 27, 2009 at 7:00 pm.
to hold a Special Called Meeting to complete the review and final
recommendation to the Mayor and City Council.
7. Adjourn
A motion was made by Joe Creamer and seconded by Fred Edwards to adjourn
the meeting. The motion passed unanimously 7-0. Time of adjournment was 10:50
p.m.
__________________________
Date Approved
__________________________
Paul Moore, Chairperson
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RZ09-04 – Sept 29, 2009 Planning Commission edits
RZ09-04 – For Mayor and City Council Meeting on Monday, October 19, 2009
PC VERSION APPROVED 09/29/09
ORDINANCE
AN ORDINANCE TO CREATE ARTICLE 13 OF THE MILTON ZONING CODE;
TO ESTABLISH A HISTORIC PRESERVATION COMMISSION (HPC) IN THE
CITY OF MILTON TO PROVIDE FOR DESIGNATION OF HISTORIC
PROPERTIES OR HISTORIC DISTRICTS; TO PROVIDE FOR ISSUANCE OF
CERTIFICATES OF APPROPRIATENESS; TO PROVIDE FOR AN APPEALS
PROCEDURE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE MILTON CITY COUNCIL, OF MILTON,
GEORGIA.
Section I
Purpose
In support and furtherance of its findings and determination that the historical,
cultural, and aesthetic heritage of the City of Milton, Georgia is among its most
valued and important assets and that the preservation of this heritage is essential
to the promotion of the health, prosperity, and general welfare of the people;
In order to maintain the historic business districts and neighborhoods and to
protect and enhance local historical and aesthetic attractions to residents and
tourists and thereby promote and stimulate business;
In order to enhance the opportunities for federal or state tax benefits under
relevant provisions of federal or state law; and
In order to provide for designation, protection, preservation, and rehabilitation of
historic properties and historic districts and to participate in federal or state
programs to do the same;
The Milton City Council, Milton, Georgia hereby declares it to be the purpose and
intent of this Ordinance to establish a uniform procedure for use in providing for
the identification, protection, enhancement, perpetuation, and use of places,
districts, sites, buildings, structures, objects, and landscape features having
special historical, cultural, archeological, or aesthetic interest or value, in
accordance with the provisions of the Ordinance.
Section II
Definitions
A. “Application for Designation” – A formal request in writing in a form
specified by the Historic Preservation CommissionHPC that the
commissionHPC consider a property or district for possible designation as
a historic property or historic district.
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B. “Building” - Any structure with a roof, designed or built for the support,
enclosure, shelter, or protection of persons, animals, chattels, or property
of any kind.
C. “Certificate of Appropriateness” – A document evidencing approval by the
Historic Preservation CommissionHPC of an application to make a
material change in the appearance of a designated historic property or of a
property located within a designated historic district.
D. “Designation” – A decision by the City of Milton to designate a property or
district as a “historic property” or as a “historic district” and thereafter
prohibit all material change in appearance of such property or within such
district prior to the issuance of a certificate of appropriateness by the
preservation commissionHPC of the City of Milton.
E. “Exterior Architectural Features” – The architectural style, general design,
and general arrangement of the exterior of a building, structure, or object,
including but not limited to the kind or texture of the building material and
the type and style of all windows, doors, signs, and other appurtenant
architectural fixtures, features, details, or elements relative to the
foregoing.
F. “Exterior Environmental Features” – All aspects of the landscape or the
development of a site which affect the historical character of the property.
G. “Historic District” – A geographically definable area, possessing a
significant concentration, linkage, or continuity of sites, buildings,
structures, or objects united by past events or aesth etically by plan or
physical development. A district may also comprise individual elements
separated geographically but linked by association or history. A Historic
District shall further mean an area designated by the Milton City Council as
a Historic District pursuant to the criteria established in Section IV B of this
Ordinance.
H. “Historic Preservation Prior Use Recognition” – Permits the owner of a
designated historic property in the AG-1 Zoning District to use a historic
structure, with the approval of the City Council, for retail sales, service, or
office use. All applicants for the Historic Preservation Prior Use
Recognition must establish to the satisfaction of the City of Milton Historic
Preservation Commission that the historic structure had been in a non-
residential use category and been lawful during its prior operation.
I.H. “Historic Property” – An individual building, structure, site, or object
designated by the Milton City Council as a Historic Property pursuant to
the criteria established in Section IV C 1. of this Ordinance.
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J.I. “Material Change in Appearance” – A change that will affect either only the
exterior architectural, aesthetic or environmental features of a historic
property or any building, structure, site, object, or landscape featu re within
a historic district, such as:
1. A reconstruction or alteration of the size, shape, or façade of a
historic property, including but not limited to, relocation of any doors
or windows or removal or alteration of any architectural features,
details, or elements;
2. Demolition or relocation of a historic structure;
3. Commencement of excavation for construction purposes;
4. A change in the location or removal of advertising visible from the
public right-of-way; or
5. The erection, alteration, restoration, or removal of any buildings or
other structures within a historic property or district, including but
not limited to, walls, fences, steps and pavements, or other
appurtenant features.
K.J. “Object” – A material thing of functional, aesthetic, cultural,
historical, or scientific value that may be, by nature or design, movable yet
related to a specific setting or environment.
L.K. “Site” – The location of a significant event, a prehistoric or historical
occupation or activity, or a building or structure, whether standin g, ruined,
or vanished where the location itself maintains historical or archeological
value regardless of the value of any existing structure.
M.L. “Structure” – A work made up of interdependent and inter-related
parts in a definite pattern of organization. A work Cconstructed by man, it
may be large or small in scale.
Section III
Creation of a Historic Preservation CommissionHPC
A. Creation of the CommissionHPC.
There is hereby created a commission whose title shall be “MILTON
HISTORIC PRESERVATION COMMISSION” (hereinafter “Commission (HPC”).
B. CommissionHPC Position within the City of Milton.
The CommissionHPC shall be part of the planning functions of the City of
Milton.
Formatted: Normal, Indent: Left: 0.25", No
bullets or numbering
Formatted: Font: (Default) Microsoft Sans
Serif
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C.B. CommissionHPC Members: Numbers, Appointment, Terms, and
Compensation.
The CommissionHPC shall consist of seven (7) members appointed by the
Mayor and City Council with each appointing one member whose term will be
concurrent with the appointing Council member ’s term. All members shall be
residents of the City of Milton and shall be persons who have demonstrated
special interest, experience, or education in history, architectural history, or the
preservation of historic resources. Each appointee shall reside anywhere within
the city and not be bound to a Councilperson’s respective council distr ict.
In addition, two (2) ex-officio members may be appointed by and to the
serve at the discretion of the CommissionHPC who do not own property in the
city limits, and who are not residents of the City of Milton, but have expressed
interest in the surrounding communities and are regarded as valuable sources of
information by consensus of the official members of the CommissionHPC. An
additional ex-officio member shall be a member of the HPC serving as a member
of the City Design Review Board and appointed by the City Design Reviw Board.
Ex-officio members of the CommissionHPC shall not have voting rights, shall not
hold office in the CommissionHPC, and shall not be counted for the purpose of
determining whether a quorum of CommissionHPC members exists at any
CommissionHPC meeting.
To the extent available in the City of Milton, at least one (1)
CommissionHPC member shall be appointed from among professionals in the
disciplines of architecture, history, architectural history, planning, archeology,
building construction, real property appraisal, or related professions.
CommissionHPC members and ex-officio members shall serve terms as
appointed by the Mayor and City Council. CommissionHPC members shall not
receive a salary, although they may will be reimbursed for expenses with the prior
-approval of the Milton City Council.
D.C. Statement of the CommissionHPC’s Powers.
The CommissionHPC shall be authorized to:
1. Prepare and maintain an inventory of all property within the City of
Milton having the potential for designation as historic property;
2. Recommend to the Milton City Council specific districts, sites,
buildings, structures, or objects to be designated by ordinance as a
historic property or historic district;
3. Recommend to the Milton City Council specific historic properties to be
designated by ordinance as eligible to receive Historic Preservation
Prior Use Recognition;
Comment [rhm1]: Based on Webster’s either
archeology or archaeology are acceptable
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4. Review applications for Certificates of Appropriateness, and grant or
deny same in accordance with the provisions of this Ordinance;
5. Recommend to the Milton City Council that the designation of any
district, site, building, structure, or object as a historic property or
historic district be revoked or removed;
6. Restore or preserve any historic properties acquired by the City of
Milton;
7. PromoteEncourage the acquisition by the City of Milton of façade
easements and conservation easements as appropriate, in accordance
with the provisions of the Georgia Uniform Conservation Easement Act
of 1992 (O.C.G.A. § 44-10.1 through 5);
8. Conduct educational programs on historic properties located within the
City of Milton and on general historic preservation activities;
9. Make such investigations and studies of matters relating to historic
preservation including consultation with historic preservation experts,
as the Milton City Council or the CommissionHPC itself may, from time
to time, deem necessary or appropriate for the purposes of preserving
historic resources;
10. Seek out local, state, federal, or private funds for historic preservation,
and make recommendations to the Milton City Council concerning the
most appropriate use of any funds acquired;
11. Submit to the Historic Preservation Division of the Georgia Department
of Natural Resources a list of historic properties or historic districts
designated;
12. Perform historic preservation activities as the official agency of the
Milton historic preservation program;
13. Receive donations, grants, funds, or gifts of historic property and
acquire and sell historic properties provided the Mayor and City
Council have provided prior consent to do so. Donations, grants,
funds, or gifts shall be accepted only if such acceptance does not
violate the City of Milton Code of Ethics;. The Commission shall not
obligate the City of Milton in any receipt or transaction without the pr ior
consent of the Milton City Council;
14. Review and make comments to the Historic Preservation Division of
the Georgia Department of Natural Resources concerning the
nomination of properties within its jurisdiction to the National Register
of Historic Places;
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15. Participate in private, state, and federal historic preservation programs
and with the consent of the Milton City Council enter into agreements
to do the same; and
16. Recommend to the Milton City Council such sites, buildings, structures,
or objects that shall be considered a “Historical Site of Interest” and by
Milton City Council resolution shall adopt such designation. The Milton
City Council will provide and appropriate historical marker to be
displayed at the designated site.
DE. CommissionHPC’s Power to Adopt Rules and Standards.
The CommissionHPC shall adopt rules and standards for the transaction
of business and for consideration of applications for designations and Certificates
of Appropriateness, such as By-Laws., and design guidelines and criteria. The
CommissionHPC shall have the flexibility to adopt such rules and standards
without amendment to this Ordinance. The CommissionHPC shall provide for the
time and place of regular meetings and a method for the calling of special
meetings. The CommissionHPC shall select such officers as it deems
appropriate from among its members. A quorum shall consist of a majority of
these members. All rules shall be reviewed approved by the Milton City Council
before going into use.
FE. Conflict of Interest.
The CommissionHPC shall be subject to all conflict of interest laws set
forth in the Georgia statutes and in the City of Milton Charter.
GF. CommissionHPC’s Authority to Receive Funding from Various Sources.
The CommissionHPC shall have the authority to accept donations and
shall ensure that these funds do not displace appropriated governmental funds.
Donations shall be accepted only if such acceptance does not violate the City of
Milton Code of Ethics.
HG. Records of CommissionHPC Meetings.
A public record shall be kept of the CommissionHPC’s resolutions,
proceedings, and actions. Reports to the Milton City Council will also be made
on a regular and timely basis.
Section IV
Recommendation & and Designation of Historic Districts and Properties
A. Initial Historic Business District Boundaries.
There will be no initial Historic Business Districts established by this
Ordinance.
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B.A. Preliminary Research by CommissionHPC.
1. CommissionHPC’s Mandate to Conduct a Survey of Local Historical
Resources: The CommissionHPC shall compile and collect information of
historic resources with the City of Milton. Records shall be stored in the
City of Milton storage area.
2. CommissionHPC’s Power to Recommend Districts and Buildings to the
Milton City Council for Designation: The CommissionHPC shall present to
the Milton City Council recommendations for historic districts and
properties.
3. CommissionHPC’s Documentation of Proposed Designation: Prior to
the CommissionHPC’s recommendation of a historic district or historic
property to the Milton City Council for designation, the CommissionHPC
shall prepare a Report for Nomination consisting of:
a. A detailed physical description of the proposed historic property
or historic district;
b. A statement of the historical, cultural, architectural, and/or
aesthetic significance of the proposed historic property or historic
district;
c. A map showing district boundaries and classification (i.e.
contributing, non-contributing) of individual properties therein, or
showing boundaries of individual historic properties;
d. A statement justifying district or individual boundaries; and
e. Representative photographs.
CB. Designation of a Historic District.
1. Criteria for Selection of Historic Districts: A historic district is a
geographically definable area, possessing a significant concentration,
linkage, or continuity of sites, buildings, structures, or objects united by
past events or aesthetically by plan or physical development. A district
may also comprise individual elements separated geographically but
linked by association or history. A Historic District is deemed worthy of
preservation by reason of value to the Nation, the State of Georgia, or the
City of Milton for at least one of the following reasons:
a. It is an outstanding example of Sstructures representative of its
era;and;
b. It contains the few remaining examples of a past architectural
style or type over fifty (50) years old;or;
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c. It is a place associated with an event or persons of historic or
cultural significance to the City of Milton, State of Georgia, or the
region; or
d. It is the site of natural, archeological, or aesthetic interest that is
continuing to contribute to the cultural or historical development and
heritage of the municipality, county, state, or region.
2. Boundaries of a Historic District: Boundaries of a Historic District shall
be included in the separate ordinances designating such districts and shall
be shown on the Official Zoning Map of the City of Milton, Georgia.
3. Evaluation of Properties with Historic Districts: Individual properties
within historic districts shall be classified as:
a. Contributing (contributes to the district); or
b. Non-Contributing (Does not contribute to the district as provided
for in B. 1).
DC. Designation of Historic Property.
1. Criteria for Selection of Historic Properties: An individual building,
structure, site, or object deemed worthy of preservation by reason of value
to the Nation, the State of Georgia, or the City of Milton for at least one of
the following reasons:
a. It is an outstanding example of a structure representative of its
era and;
b. It is one of the few remaining examples of a past architectural
style or type over fifty (50) years old or;
c. It is a place or structure associated with an event or persons of
historic or cultural significance to the City of Milton, Sta te of
Georgia, or the region; or
d. It is the site of natural, archeological, or aesthetic interest that is
continuing to contribute to the cultural or historical development and
heritage of the municipality, county, state, or region.
2. No building, structure, site or object shall be eligible to be designated
as a Historic Property unless it existed on the same property since th e
incorporation of the City of Milton.
E. Historic Preservation Prior Use Recognition.
1. Purpose: Historic Preservation Prior Use Recognition increases the
potential for a historic property to be used, protected, renovated, and
preserved. The Historic Preservation Prior Use Recognition makes
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preservation more attractive to owners of a historic property because it
provides flexibility and economic opportunities.
2. Eligibility for Historic Preservation Prior Use Recognition: Historic
Properties are eligible to use the Historic Preservation Prior Use
Recognition in Subsection E.3 if the requirements of Subsections D and
E.2 are met. Sites with structures identified as contributing to the
significance of a Historic Property or District are eligible to use the Prior
Use Recognition in Subsection E.3 if the following requirements are met:
a. Requirements: Previous non-residential use required. The last
use in the structure must have been in a non-residential use
category and have been lawful when established. If part of the
structure was in residential use, the proposal must include at least
as many dwelling units as were part of the last allowed use or uses.
If the last allowed use was residential only, the structure is not
eligible for this Prior Use Recognition.
3. Prior Use Recognition: The following Prior Use Recognition is allowed
if the Requirements of Article 13.4.E.2 are met:
Nonresidential uses in the AG-1 Zoning District, up to 100 percent
of the floor area of a structure may be approved for retail sales,
service, and office through Historic Preservation Prior Use
Recognition Review.
4. Covenant:
a. The owner(s) of the Historic Property must execute a covenant
with the City of Milton. The covenant may not be revoked or
rescinded.
b. The covenant must:
i. State that the owner(s), and subsequent owners, agree
that the Historic Property will be subject to demolition review
and the owner(s) will not demolish or relocate the Historic
Property unless the City of Milton approves the demolition or
relocation through demolition review.
5. Legal Basis and Public Policy: The legal basis for the Historic
Preservation Prior Use Recognition is the recognition by the City of Milton
of a formerly lawful use and recognition of said use as a legal non-
conforming use. Such recognition is undertaken to further the public policy
objective of the City of Milton in promoting and preserving the City’s
historical, cultural, and aesthetic heritage. No change to the City’s zoning
ordinances shall occur as a result of a Historic Preservation Prior Use
Recognition, and in no event shall the grant of a Historic Preservation Prior
Use Recognition be used as a basis to justify the rezoning of the subject
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property, or an adjacent or nearby property or as a basis to justify changes
to any future land use map.
F. Historic Preservation Prior Use Recognition Review.
1. Purpose: These provisions increase the potential for a Historic
Property and structures within a Historic District, and contributing
structures, to be used, protected, renovated, and preserved.
2. Review Procedure: Historic Preservation Prior Use Recognition
Reviews for sites in the AG-1 Zoning District are processed through a
Designation of Historic Property procedure, and consideration of same
shall be made in conjunction with an Application for Designation of a
Historic Property.
3. Approval Criteria: The use of a Historic Preservation Prior Use
Recognition will be approved if the City Council finds that all of the
following approval criteria are met:
a. Establishment of the use will not negatively impact the
surrounding area;
b. The structure will be in accordance with Article 4.3.1.C for
nonconforming lots, uses, and structures; and
c. Documentation must be submitted to establish non-residential
prior use and historical significance.
GD. Requirement for Adopting an Ordinance for the Designation of Historic
Districts and Historic Properties.
1. Application for Designation of Historic Districts or Properties:
Designations may be proposed by the Milton City Council, the
CommissionHPC, or:
a. for historic districts - a historical society, neighborhood
association, or group of property owners; may apply to the
Commission for designation;
b. for historic properties - a historical society, neighborhood
association, or property owner; may apply to the Commission for
designation.
c. Any group seeking designation for a property that does not
include the property owner; such application must include a sworn
affidavit that the property owner consents to the application for
designation.
2. Required Components of a Designation Ordinance: Any ordinance
designating any property or district as historic shall:
Comment [a2]: Add - the
Comment [a3]: Add – of a particular property
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a. list each property in a proposed historic district or describe the
proposed individual historic property;
b. set forth the name(s) of the owner(s) of the designated property
or properties;
c. require that a Certificate of Appropriateness be obtained from the
CommissionHPC prior to any material change in appearance of the
designated property; and
d. require that the property or district be shown on the Official
Zoning Map of the City of Milton, Georgia and kept as a public
record to provide notice of such designation.
3. Require Public Hearings: The CommissionHPC and the Milton City
Council shall hold a public hearing on any proposed ordinance for the
designation of any historic district or property. Notice of the hearing shall
be published in at least one (1) issue of the principal newspaper of local
circulation, and written notice of the hearing shall be mailed not less than
ten (10) or more than twenty (20) days prior to the date set for the public
hearing. A notice sent via the United States mail to the last-known owner
of the property shown on the City of Milton tax digest and a notice sent via
attention of the occupant shall constitute legal notification to the owner and
occupant under this ordinance.
4. Notification of Historic Preservation Division: No less than thirty (30)
days prior to making a recommendation on any ordinance designating a
property or district as historic, the commissionHPC must submit the report,
required in Section IV BA 3, to the Historic Preservation Division of the
Department of Natural Resources.
5. Recommendations on Proposed Designations: A recommendation to
affirm, modify or withdraw the proposed ordinance for designation shall be
made by the CommissionHPC within fifteen (15) days following the Public
Hearing and shall be in the form of a resolution to the Milton City Council.
6. Milton City Council Action on the CommissionHPC’s Recommendation:
Following receipt of the CommissionHPC recommendation, the Milton City
Council may adopt the ordinance as proposed, may adopt the ordinance
with any amendments it deems necessary, or reject the ordinance.
7. Notification of Adoption of Ordinance for Designation: Within thirty (30)
days following the adoption of the Ordinance for designation by the Milton
City Council, the owners and occupants of each designated historic
property, and the owners and occupants of each structure, site or work of
art located within a designated historic district, shall be given written
notification of such designation by the Milton City Council, which notice
shall apprise said owners and occupants of the necessity of obtaining a
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Certificate of Appropriateness prior to undertaking any material change in
appearance of the historic property designated or within the historic district
designated. A notice sent via the United States mail to the last-known
owner of the property shown on the City of Milton tax digest and a notice
sent via United States mail to the address of the property to the attention
of the occupant shall constitute legal notification to the owner and
occupant under this ordinance.
8. Notification of Other Agencies Regarding Designation: The
CommissionHPCHPC shall notify all necessary agencies within the City of
Milton of the ordinance designation.
9. Moratorium on Applications for Alteration or Demolition While Ordinance
for Designation is Pending: If an ordinance for designation is being
considered, the CommissionHPC shall notify the permitting division of the
Community Development Department. No permit of any kind shall be
issued for work which would constitute a material change in the
appearance of a structure, site, or landscaping within the designated area
until the proposed Ordinance is enacted or rejected by the City Council.
The CommissionHPC must propose an Ordinance of designation to the
City Council no more than 60 days after the permitting division denies a
building permit based on the moratorium.
Section V
Application to Preservation CommissionHPC for Certificate of Appropriateness
A. Approval of Material Change in Appearance in Historic Districts or Involving
Historic Properties.
After the designation by ordinance of a historic property or of a historic
district, no material change in the appearance of such historic property, or of a
contributing or non-contributing building, structure, site or object within such
historic district, shall be made or be permitted to be made by the owner or
occupant thereof unless or until the application for a Certificate of
Appropriateness has been submitted to and approved by the CommissionHPC. A
Building Permit shall not be issued without a Certificate of Appropriateness.
B. Submission of Plans to CommissionHPC.
An Application for a Certificate of Appropriateness shall be accompanied
by drawings, photographs, plans and documentation required by the
CommissionHPC.
C. Interior Alterations.
In its review of applications for Certificates of Appropriateness the
CommissionHPC shall not consider interior arrangement or use having no effect
on exterior architectural features.
Comment [rhm4]: George asked if this section
is consistent with the Georgia Historic Preservation
Act 44-10-26(b). See
http://gashpo.org/assets/documents/Ga_Hist_Pres_A
ct.pdf
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D. Technical Advice.
The CommissionHPC shall have the power to seek technical advice from
outside its members on any application.
E. Public Hearings on Applications for Certificates of Appropriateness , Notices,
and Right to be Heard.
The CommissionHPC shall hold a public hearing at which each proposed
Certificate of Appropriateness is discussed. N otice of the hearing shall be
published in the principal newspaper of local circulation in the city and written
notice of the hearing shall be made by the CommissionHPC to all owners and
occupants of the subject property. The written and published notice s hall be
provided in the same manner and time frame as notices are provided before a
Public Hearing for Rezoning.
The CommissionHPC shall give the property owner and/or applicant an
opportunity to be heard at the Certificate of Appropriateness hearing.
F. Acceptable CommissionHPC Reaction to the Applications for Certificates of
Appropriateness.
CommissionHPC Action: The CommissionHPC may approve the
application for a Certificate of Appropriateness as proposed, approve the
Certificate of Appropriateness with any modifications it deems necessary or reject
it.
1. The CommissionHPC shall approve the application and issue a
Certificate of Appropriateness if it finds that the proposed material
change(s) in the appearance would not have a substantial adverse eff ect
on the aesthetic, historic, or architectural significance and value of the
historic property or the historic district. In making this determination, the
CommissionHPC shall consider, in addition to any other pertinent factors,
the following criteria for each of the following acts:
a. Reconstruction, Alteration, New Construction or Renovation:
The CommissionHPC shall issue Certificates of Appropriateness
for the above proposed actions if those actions conform in design,
scale, building material, setback and site features and to the United
States Secretary of the Interior’s Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings.
b. Relocation:
A decision by the CommissionHPC approving or denying a
Certificate of Appropriateness for the relocation of a building,
structure, or object shall be guided by:
Comment [rhm5]: Robyn is researching how
this document is applied to the process.
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1. The historic character and aesthetic interest of the
building, structure, or object contributes to its present
setting;
2. Whether there are definite plans for the area to be
vacated and what the effect of those plans on the character
of the surrounding area will be;
3. Whether the building, structure, or object can be moved
without significant damage to its physical integrity;
4. Whether the proposed relocation area is compatible with
the historical and architectural character of the building,
structure, site, or object.
c. Demolition:
A decision by the CommissionHPC approving or denying a
Certificate of Appropriateness for the demolition of buildings,
structures, sites, or objects shall be guided by:
1. The historic, scenic, or architectural significance of the
building, structure, site, or object;
2. The importance of the building, structure, site, or object to
the ambiance of the district;
3. The difficulty or impossibility of reproducing such a
building, structure, site, or object because of its design,
texture, material, detail, or unique location;
4. Whether the building, structure, site, or object is one of
the last remaining examples of its kind in the neighborhood
or the city;
5. Whether there are definite plans for use of the property if
the proposed demolition is carried out, and what the effect of
those plans on the character of the surrounding area would
be;
6. Whether reasonable measures can be taken to save the
building, structure, site, or object from collapse;
7. Whether the building, structure, site, or object is capable
of earning reasonable economic return on its value.
G. Deadline for Approval or Rejection of Application for Certificate of
Appropriateness.
1. The CommissionHPC shall approve or reject an application for a
Certificate of Appropriateness within sixty (60) days after the filing thereof
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by the owner or occupant of a historic property, or of a building, structure,
site, or object located within a historic district. Evidence of approval shall
be by a Certificate of Appropriateness issued by the CommissionHPC.
Notice of the issuance or denial of a Certificate of Appropriateness shall
be sent by United States certified mail to the applicant and all other
persons who have requested such notice in writing filed with the
CommissionHPC.
2. Should the CommissionHPC fail to approve or reject an Application for
Certificate of Appropriateness within said sixty (60) days the application
for will be sent to the Milton City Council for a vote without comment by
the CommissionHPC.
H. Necessary Action to be Taken by CommissionHPC upon Rejection of
Application for Certificate of Appropriateness.
1. In the event the CommissionHPC rejects an application, it shall state its
reasons for doing so, and shall transmit a record of such actions and
reasons, in writing, to the applicant. The CommissionHPC may suggest
alternative courses of action it thinks proper if it disapproves of the
application submitted. The applicant, if he or she so desires, may make
modifications to the plans and may resubmit the application at any time
after making said modifications.
2. In cases where the application covers a material change in the
appearance of a structure which would require the issuance of a building
permit, the rejection of the application for a Certificate of Appropriateness
by the CommissionHPC shall be binding upon the building inspector or
other administrative officer charged with issuing building permits and, in
such a case, no building permit shall be issued.
I. Requirement of Conformance with Certificate of Appropriateness.
1. All work performed pursuant to an issued Certificate of Appropriateness
shall conform to the requirements of such certificate. In the event work is
performed not in accordance with such certificate, the CommissionHPC
may shall request that the City obtain issue a cease and desist order and
all work shall cease.
2. The Milton City Council or the Commission may or at the request of the
HPC request shall be authorized to institute any appropriate action or
proceeding in a court of competent jurisdiction to prevent any material
change in appearance of a designated historic property or historic district,
except those changes made in compliance with the provisions of this
ordinance or to prevent any illegal act or conduct with respect to such
historic property or historic district.
J. Certificate of Appropriateness Void if Construction not Commenced.
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1. A Certificate of Appropriateness shall become void unless construction
is has commenced within six (6) months of date of issuance or completed
within 18 months or the Certificate of Appropriateness shall be renewed.
2. Certificates of Appropriateness shall be issued for a period of eighteen
(18) months and are renewable.
K. Recording an Application for Certificate of Appropriateness.
The CommissionHPC shall keep a public record of all applications for
Certificate of Appropriateness, and of all the CommissionHPC’s proceedings in
connection with said application. These records shall be maintained at City Hall.
L. Acquisition of Property.
The CommissionHPC may, where such action is authorized by the Milton
City Council and is reasonablye necessary or appropriate for the preservation
of a unique historic property, enter into negotiations with the owner for the
acquisition by gift, purchase, exchange, or otherwise, to the property or any
interest therein.
M. Appeals.
Any person adversely affected by any determination made by the
CommissionHPC relative to the issuance or denial of a Certificate of
Appropriateness may appeal such determination to the Milton City Council. Any
such appeal must be filed with the Milton City Council within fifteen (15) days
after the issuance of the determination pursuant to Section V. HG 1 of this
Ordinance. or, in the case of a failure of the Commission to act, within fifteen
(15) days of the expiration of the forty-five (45) day period allowed for the
Commission action, Section V. H2 of this Ordinance. The Milton City Council
may approve, modify, or reject the determination made by the
CommissionHPC, if the governing body finds that the CommissionHPC. abused
its discretion in reaching its decision. Appeals from decisions of the Milton City
Council may be taken to the Superior Court of Fulton County in the manner
provided by law for appeals from conviction for the City of Milton ordinance
violations.
Section VI
Maintenance of Historic Properties and Building and Zoning Code Provision
A. Ordinary Maintenance or Repair.
Ordinary maintenance or repair of any exterior architectural or
environmental feature in or on a historic property to correct deterioration, decay,
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 Certificate of
Appropriateness.
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B. Failure to Provide Ordinary Maintenance or Repair.
Property owners of historic properties or properties within historic districts
shall not allow their buildings to deteriorate by failing to provide ordinary
maintenance or repair. The CommissionHPC shall be charged with the following
responsibilities regarding deterioration by neglect:
1. The CommissionHPC shall monitor the condition of historic properties
and existing buildings in historic districts to determine if they are being
allowed to deteriorate by-neglect. Such conditions as broken windows,
doors and openings which allow the elements and vermin to enter, and the
deterioration of a building’s structural system shall constitute failure to
provide ordinary maintenance or repair.
2. In the event the CommissionHPC determines a failure to provide
ordinary maintenance or repair, the CommissionHPC will notify the owner
of the property and set forth the steps which need to be taken to remedy
the situation. The owner of such property will have thirty (30) days in
which to do this.
3. In the event that the condition is not remedied in thirty (30) days, the
owner shall be punished as provided in Section VII of this Ordinance and,
at the direction of the Milton City Council; the CommissionHPC may
perform such maintenance or repair as is necessary to prevent
deterioration by neglect. The owner of the property shall be liable for the
cost of such maintenance and repair performed by the CommissionHPC.
C. Affirmation of Existing Building and Zoning Codes.
Nothing in this Ordinance shall be construed as to exempt property owners
from complying with existing City or County building and zoning codes., except to
the extent that a Historic Property is eligible for and receives Historic
Preservation Prior Use Recognition.
Section VII
Penalty Provisions
Violations of any provision of this Ordinance shall be punished in the
same manner as provided for punishment of violations of validly enac ted
Ordinances of the City of Milton, Georgia set forth in Article 29.2 of the City of
Milton Zoning Ordinance.
Section VIII
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, sentences, clauses, or
Comment [rhm6]: Ken J. –The PC asked how
can the city hold the property owner liable for
repairs/maintenance if they were not in agreement to
the building being a historic structure?
Comment [rhm7]: The PC asked if larger fines
can be given instead of what is outlined in the ZO?
What about a fine for demolition of a historic
property.
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phrases of this Ordinance, 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.
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Section IX
Repealer
All ordinances and parts of ordinances in conflict with this Ordinance are hereby
repealed.
Section X
Effective Date
This Ordinance shall become effective on _____________.
THEREFORE BE IT RESOLVED, that the Milton City Council does hereby
ordain, resolve and enact the foregoing Historic Preservation CommissionHPC
Ordinance for the City of Milton, Georgia.
Adopted this __________________.
Implementation: ____________________.
APPROVED:
MILTON CITY COUNCIL
BY: _____________________
MAYOR
ATTEST: ______________
Comment [rhm8]: The PC asked if this repealer
should be taken out or the scope narrowed.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Lynn Tully, AICP, Community Development Director
Date: May 24, 2010, for Submission onto the June 7, 2010, City Council
Meeting (First Read May 17, 2010)
Agenda Item: Amendments to Chapter 20, Article VI. Soil Erosion, Sedimentation and Pollution
Control, of the City of Milton Code of Ordinances.
CMO (City Manager’s Office) Recommendation:
To approve and hold public hearing on amendments to the existing Soil Erosion, Sedimentation
and Pollution Control ordinance for compliance with state requirements and continuance of local
issuing authority status.
Background:
At the April 19, 2010 work session staff presented proposed changes to the Soil Erosion Control
ordinance. Staff notes that compliance with the model ordinance is required by the state EPD to
retain Local Issuing Authority status. Their deadline for adoption of the changes is July 1, 2010.
Discussion:
The majority of the changes included in the proposal are to conf orm to the state model ESC
ordinance. During the work session Council requested that staff look for opportunities to clean
up any other discrepancies or issues within the text. Those other minor clarifications have been
included in the version presented for hearing. This ordinance amendment has been reviewed
by the legal department and those edits have also been included in this version.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer this text amendment.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
[Council Memo.051710]
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 20, ARTICLE VI. SOIL EROSION,
SEDIMENTATION AND POLLUTION CONTROL, OF THE MILTON CITY CODE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly
called council meeting on June 7, 2010 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relating to Amending Chapter 20, Article VI. of
the Milton City Code, as it relates to Soil Erosion, Sedimentation and Pollution
Control, is hereby adopted and approved, replacing existing Chapter 20, Article VI in
its entirety; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 7th day of June, 2010.
________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, Interim City Clerk
(Seal)
CHAPTER- 20 ENVIRONMENT
State law reference—Conservation and natural resources, O.C.G.A. § 12-1-1 et seq.; water
resources, O.C.G.A. § 12-5-1 et seq.; control of soil erosion and sedimentation, O.C.G.A. §
12-7-1 et seq.; control of water pollution and surface water use, O.C.G.A. § 12-5-20.
Article VI. Soil Erosion, sedimentation and pollution control
- DIVISION 1. GENERALLY
Sec. 20-490. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
100-year floodplain means land in the floodplain subject to a one percent or greater
statistical occurrence probability of flooding in any given year.
Best management practices (BMPs) means sound conservation and engineering practices
to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no
less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in
Georgia" published by the Commission as of January 1 of the year in which the land -disturbing
activity was permitted.
Board means the Georgia Board of Natural Resources.
Buffer means the area of land immediately adjacent to the banks of state waters in its
natural state of vegetation that facilitates the protection of water quality and aquatic habitat.
Certified Personnel means a person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission.
Commission means the Georgia Soil and Water Conservation Commission (GSWCC).
Construction Board of Appeals means the board appointed by the city council that hears
appeals of stop work orders.
CPESC means Certified Professional in Erosion and Sediment control with current
certification by Certified Professional in Erosion and Sediment Control Inc., a corporation registered
in North Carolina which is also referred to as CPESC or CPESC, Inc.
Cut means a portion of land surface or area from which earth has been removed or will be
removed by excavation (the depth below the original ground surface to the excavated surface also
known as excavation).
Department means the Georgia Department of Natural Resources (DNR).
Design Professional means a professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology or land surveying; or a person
that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current
certification by Certified Professional in Erosion and Sediment Control Inc.
Director means the director of the Environmental Protection Division or his or her
designee.
Director DPW means the director of the department of public works or his or her designee.
District means the Fulton County Soil and Water Conservation District.
Division means the Environmental Protection Division (EPD) of the Department of Natural
Resources.
Drainage structure means a device composed of a virtually nonerodible material such as
concrete, steel, plastic, or other such material that conveys water from one place to another by
intercepting the flow and carrying it to a release point for stormwater management, drainage
control, or flood control purposes.
Erosion means the process by which land surface is worn away by the action of wind,
water, ice or gravity.
Erosion, sedimentation and pollution control plan means a plan required by the Erosion
and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum protections at least
as stringent as the State General Permit, best management practices, and requirements in section
20-567 and 568 of this article.
Erosion and sedimentation control manual means a field manual produced by the Georgia
Soil and Water Conservation Commission that illustrates vegetative and structural best
management practices (BMPs), and their use for land disturbing activities.
Fill means a portion of land surface to which soil or other solid material has been added ;
the depth above the original ground surface or an excavation.
Final Stabilization means all soil disturbing activities at the site have been completed, and
that for unpaved areas and areas not covered by permanent structures and areas locate d outside
the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100%
of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater,
or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent
mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees,
shrubs, perennial vines; a crop of perennial vegetation appropriate for the time of year and region;
or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region.
Final stabilization applies to each phase of construction.
Finished grade means the final elevation and contour of the ground after cutting or filling
and conforming to the proposed design.
Grading means altering the shape of ground surfaces. The term "grading" includes:
(1)
Stripping;
(2)
Cutting;
(3)
Filling;
(4)
Stockpiling;
(5)
Shaping or any combination thereof; and
(6)
The land in its cut or filled condition.
Ground elevation means the original elevation of the ground surface prior to cutting or
filling.
Land disturbing activity means any activity which may result in soil erosion from water or
wind and the movement of sediments into state waters or onto lands within the state;
(1)
The term "land disturbing activity" includes, but is not limited to:
a.
Clearing, dredging or grading; and
b.
Excavating, transporting or the filling of land.
(2)
The term "land disturbing activity" does not include agricultural prac tices as described in section 20-
493(5).
Larger common plan of development or sale means a contiguous area where multiple
separate and distinct construction activities are occurring under one plan of development or sale.
For the purpose of this definition, the term "plan" means:
(1)
An announcement;
(2)
Piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing,
permit application, zoning request, or computer design; or
(3)
Physical demarcation such as boundary signs, lot stakes, or survey marking, indicating that construction
activities will occur on a specific plot.
Local issuing authority means the governing authority of any county or municipality which is
certified pursuant to O.C.G.A. § 12-7-8(a).
Metropolitan River Protection Act (MRPA) means a state law referenced as O.C.G.A. § 12-
5-440 et seq., which addresses environmental and developmental matters in certain metropolitan
river corridors and their drainage basins.
Natural ground surface means the ground surface in its original state before any grading,
excavation or filling.
Nephelometric turbidity units (NTU) means numerical units of measure based upon
photometric analytical techniques for measuring the light scattered by finely divided particles of a
substance in suspension. This technique is used to estimate the extent of turbidity in water in which
colloidally dispersed or suspended particles are present.
NOI means a Notice of Intent form provided by EPD for coverage under the State General
Permit.
NOT means a Notice of Termination form provided by EPD to terminate coverage under
the State General Permit.
Notice to comply means enforcement action based on noncompliance through failure to
either properly install or maintain BMPs, where sediments remain within the boundaries of the
property. This enforcement action provides the violator five days to achieve compliance.
Official notice means a posting of a notice to comply or stop work order on a property that
is noncompliant or in violation.
Operator means the party or parties that have:
(1)
Operational control of construction project plans and specifications, including the ability t o make
modifications to those plans and specifications; or
(2)
Day-to-day operational control of those activities that there are necessary to ensure compliance with a
stormwater pollution prevention plan for the site or other permit conditions, such as a person authorized
to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or to
comply with other permit conditions.
Outfall means the location where storm water in a discernible, confined and discrete
conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point
source discharging into that receiving water.
Permit means the authorization necessary to conduct a land disturbing activity under the
provisions of this article.
Person means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state
agency, municipality or other political subdivision of the State of Georgia, any interstate body or any
other legal entity.
Phase or Phased means sub-parts or segments of construction projects where the sub-part or
segment is constructed and stabilized prior to completing construction activities on the entire
construction site.
Project means the entire proposed development project, regardless of the size of the area
of land to be disturbed.
Properly Designed means designed in accordance with the design requirements and
specifications contained in the “Manual for Erosion and Sediment Control in Georgia” (Manual)
published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in
which the land-disturbing activity was permitted and amendments to the Manual as approved by
the Commission up until the date of NOI submittal.
Reinspection fee means a fee assessed to the developer/owner/operator or responsible
party for reinspecting the project if requested by the developer/owner/operator or responsible party
prior to the end of the compliance period; provided that upon that reinspection the project remains
out of compliance.
Roadway drainage structure means a device such as a bridge, catch basin, culvert, or
ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such
material that conveys water under a roadway by intercepting the flow on one side of a traveled way
(public or private) consisting of one or more defined lanes, with or without shoulder areas, and
carrying water to a release point on the other side.
Sediment means solid material, both organic and inorganic, that is in suspension, is being
transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of
erosion.
Sedimentation means the process by which eroded material is transported and deposited
by the action of water, wind, ice, or gravity.
Soil and water conservation district approved plan means an erosion and sedimentation
control plan approved in writing by the Fulton County Soil and Water Conservation District.
Stabilization means the process of establishing an enduring soil cover by the installation of
temporary or permanent structures or vegetation for the purpose of reducing to a minimum the
erosion process and the resultant transport of sediment by wind, water, ice, or gravity.
State general permit means the National Pollution Discharge Elimination System (NPDES)
general permit for stormwater runoff from construction activities as is now in effect or as may be
amended or reissued in the future pursuant to the state's authority to implement the same through
federal delegation under the Federal Water Pollution Control Act, 33 USC 1251 et seq., and
O.C.G.A. § 12-5-30(f).
State waters means any and all rivers, streams, creeks, branches, lakes, ditches,
reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface
water, natural or artificial, lying within or forming a part of the boundaries of the state which are not
entirely confined and retained completely upon the property of a single individual, partnership, or
corporation.
Stop work order means enforcement action that ceases all work on-site or a portion of the
site.
Structural erosion and sedimentation control measures means practices for the stabilizing
of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the
purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to
prevent sediment loss. Examples of structural erosion and sediment control practices are riprap,
sediment basins, dikes, level spreaders, waterways, outlets, diversions, grade stabilization
structures, sediment traps, and sediment barriers, and land grading. Such practices can be found in
the publication "Manual for Erosion and Sediment Control in Georgia."
Trout streams means all streams or portions of streams within the watershed as designated
by the Wildlife Resources Division of the Georgia Department of Natural Resources under the
provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20, et seq., in the rules and
regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as
primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown,
or brook trout. Streams designated as secondary trout waters are those in which there is no
evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First
order trout waters are streams into which no other streams flow except springs.
Vegetative erosion and sedimentation control measures means measures for the
stabilization of erodible or sediment-producing areas by covering the soil with:
(1)
Permanent seeding, sprigging, or planting, producing long-term vegetative cover;
(2)
Temporary seeding, producing short-term vegetative cover; or
(3)
Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control in
Georgia.
Watercourse means any natural or artificial watercourse, stream, river, creek, channel,
ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either
continuously or intermittently and which has a definite channel, bed, and banks , and including any
area adjacent thereto subject to inundation by reason of overflow or floodwater.
Wetlands means those areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The
term "wetlands" includes:
(1)
Swamps;
(2)
Marshes;
(3)
Bogs; and
(4)
Similar areas.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 3), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 3), 11-17-2008)
State law reference—Similar provisions, O.C.G.A. § 12-7-3.
Sec. 20-491. - Authority and title.
This article is adopted pursuant to the authority and mandate of the Georgia Erosion and
Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended. Certification by EPD
authorizes the city as a local issuing authority. As a local issuing authority, the city is certified to
provide and maintain an erosion control program which includes, but is not limited to, development
plan review, permitting and erosion control enforcement. This article will be known as "The Milton
Soil Erosion, and Sedimentation and Pollution Control Ordinance of 2006."
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 1), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 1), 11-17-2008)
Sec. 20-492. - Intent.
It is the intent of this article to establish soil erosion, and sedimentation and pollution
control minimum requirements, standards, and enforcement procedures for land disturbance
activities in order to conserve and protect the environment, public health, and the general welfare of
the city's citizens.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 2), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 2), 11-17-2008)
Sec. 20-493. - Exemptions.
This article shall apply to any land disturbing activity undertaken by any person on any land
except for the following:
(1)
Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968".
(2)
Granite quarrying and land clearing for such quarrying;
(3)
Such minor land disturbing activities as home gardens and individual home landscaping, repairs,
maintenance work, fences and other related activities which result in minor soil erosion;
(4)
The construction of single-family residences when such construction disturbs less than one acre and is
not a part of a larger common plan of development or sale with a planned disturbance of equal to or
greater than one acre and not otherwise exempted under this section; provided, however, that
construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A.
12-7-6 and this subsection and division 3 of this article. For single-family residence construction covered
by provisions of this subsection, there shall be a buffer zone between the residence and any state waters
classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act
(O.C.G.A. § 12-5-20 et seq.). In any such buffer, no land disturbing activity shall be constructed between
the residence and the point where vegetation has been wrested by normal stream flow or wave action
from the banks of the following trout waters:
a.
For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller
buffer shall be granted;
b.
For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the EPD director may
grant variances to no less than 25 feet;
c.
Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are
streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet,
and no variance to smaller buffer shall be granted. The minimum requirements of subsection (b) of
O.C.G.A. 12-7-6, division 3 of this article and the buffer zones provided by this section shall be enforced
by the issuing authority;
(5)
Agricultural operations, as defined in O.C.G.A. § 1-3-3, “definitions” include:
a.
The raising, harvesting, or storing of products of the field or orchard;
b.
Feeding, breeding, or managing livestock or poultry;
c.
Producing or storing feed for use in the production of livestock including, but not limited to, cattle, calves,
swine, hogs, goats, sheep, and rabbits;
d.
The production of poultry including, but not limited to, chickens, hens and turkeys;
e.
Producing plants, trees, fowl, or animals;
f.
The production of aquaculture, horticultural, dairy, livestock, poultry, eggs, and apiarian products; and
farm buildings and farm ponds;
(6)
Forestry land management practices, including harvesting; provided, however, that when such exempt
forestry practices cause or result in land disturbing or other activities otherwise prohibited in a buffer, as
established in section 20-568(a)(16) and (17), no other land disturbing activities, except for normal forest
management practices, shall be allowed on the entire property upon which the forestry practices were
conducted for a period of three years after completion of such forestry practices;
(7)
Any project carried out under the technical supervision of the Natural Resource Conservation Service of
the United States Department of Agriculture;
(8)
Any project involving disturbance of one tenth acre 5000 sf or less; provided, however, that this
exemption shall not apply to any land disturbing activity within a larger common plan of development or
sale with a planned disturbance equal to or greater than one acre or within 200 feet of the bank of any
state waters, and for purposes of this subsection, state waters exclude channels and drainageways which
have water in them only during and immediately after rainfall events and intermittent streams which do
not have water in them year round; provided, however, that any person responsible for a project which
involves one tenth acre 5000 sf or less, which involves land disturbing activity, and which is within 200
feet of any such excluded channel or drainageway, must prevent sediment from moving beyond the
boundaries of the property on which such project is located and provided, further, tha t nothing herein shall
prevent the local issuing authority from regulating any such project which is not specifically exempted by
subsection (1) through (7), (9), (10) or (11) of this section;
(9)
Construction or maintenance projects, or both, undertaken or financed, in whole or in part, or both, by the
department of transportation, the Georgia Highway Authority, or the state road and tollway authority; or
any road construction or maintenance project, or both, undertaken by any county or municipality;
provided, however, that construction or maintenance projects of the department of transportation or state
road and tollway authority which disturb one or more contiguous acres of land shall be subject to the
provisions of O.C.G.A. § 12-7-7.1; except where the department of transportation, the Georgia Highway
Authority, or the state road and tollway authority is a secondary permittee for a project located within a
larger common plan of development or sale under the state general permit, in which case a copy of a
notice of intent under the state general permit shall be submitted to the City of Milton. The City of Milton
shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6, and division 3 of
this article as if a permit had been issued, and violations shall be subject to the same penalties as
violations by permit holders
(10)
Any land disturbing activities conducted by any electric membership corporation or municipal electrical
system or any public utility under the regulatory jurisdiction of the public service commission, any utility
under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television
system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged
in the generation, transmission, or distribution of power, except where an electric membership corporation
or municipal electric system or any public utility under the regulatory jurisdiction of the public service
commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission,
any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the
United States engaged in the generation, transmission, or distribution of power is a secondary permittee
for a project located within a larger common plan of development or sale under the state general permit,
in which case the city shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-
7-6 and division 3 of this article as if a permit had been issued and violations shall be subject to the same
penalties as violations by permit holders; and
(11)
Any public water system reservoir.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 4), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 4),
11-17-2008)
State law reference—Exemptions, O.C.G.A. § 12-7-17.
Secs. 20-494—20-512. - Reserved.
- DIVISION 2.-INSPECTION AND ENFORCEMENT
Subdivision 1- In General
Sec. 20-513. - Authority.
(a)
Community development director. The community development director or designee will periodically
inspect the sites of land disturbing activities for which permits have been issued to determine if the
activities are being conducted in accordance with the approved plan, permit and this article and to
determine if the measures required in the plan are effective in controlling soil erosion and sedimentation.
(b)
Primary, and secondary and tertiary permittees regulated. The city shall regulate both primary, secondary
and tertiary permittees as such terms are defined in the state general permit.
(1)
Primary permittees shall be responsible for the installation and maintenance of best management
practices where the primary permittee is conducting land disturbing activities.
(2)
Secondary permittees shall be responsible for the installation and maintenance of best management
practices where the secondary permittee is conducting land disturbing activities.
(3)
Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is
conducting land-disturbing activities.
(c)
Notice; contents. If, through inspection, it is deemed that a person engaged in land disturbing activities as
defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions
of this article, a written notice to comply shall be ser ved upon that person, except for working without a
permit, disturbing a stream buffer, allowing sediment to enter state waters by failure to properly design,
install or maintain best management practices, or working under a stop work order, which conditions
warrant immediate citation. The notice shall set forth the measures necessary to achieve compliance and
shall state the time within which such measures must be completed.
(d)
Noncompliance. If the person engaged in the land disturbing activity fails to comply with the corrective
measures specified in the official notice within the time specified, he or she shall be deemed in violation of
this article, and the community development director m ay take such additional enforcement actions as he
or she deems appropriate.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 10(a)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 10(a)), 11-17-2008)
Sec. 20-514. - Authority to investigate; right of entry.
The community development director shall have the power to conduct such investigation as
the community development director may deem reasonably necessary to carry out the duties
prescribed in this article, and for this purpose shall have the power to enter at reasonable times
upon any property, public or private, for the purposes of investigation and inspection of the sites of
land disturbance or building activities.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 10(b)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 10(b)), 11-17-2008)
Sec. 20-515. - Unlawful to refuse entry or obstruct, hamper or interfere with inspection.
No person shall refuse entry or access to any authorized representative or agent of the city,
the commission, the district, or division who requests entry for the purposes of inspection, and who
presents appropriate credentials. Nor shall any person obstruct, hamper, or interfere with any such
representative while in the process of carrying out his or her official duties
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 10(c)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 10(c)), 11-17-2008)
Sec. 20-516. - Display of plan on site required.
A copy of a current approved plan shall be kept on site until project completion or issuance
of certificate of occupancy.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 10(d)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 10(d)), 11-17-2008)
Sec. 20-517. - Periodic review by district or commission.
(a)
The District or the Commission, or both, shall semi-annually review the actions of counties and
municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a).
(b)
The District or the Commission, or both, may provide technical assistance to any county or municipality
for the purpose of improving the effectiveness of the counties or municipality's erosion, sedimentation and
pollution control program.
(c)
The District or the Commission shall notify the Division and request an investigation by the Division if any
deficient or ineffective legal program is found.
(d)
The local Issuing Authority must amend its ordinances to the extent appropriate within (12) months of any
amendments to the Erosion and Sediment Act of 1975.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 10(e)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 10(e)), 11-17-2008)
Sec. 20-518. - Divisional review for compliance with state regulations.
(a)
The division may periodically review the actions of counties and municipalities which have been certified
as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a).
(b)
Such review may include, but not be limited to, review of the administration and enforcement of a
governing authority's ordinance and review of conformance with an agreement, if any, between the district
and the governing authority.
(c)
If such review indicates that the governing authority of any county or municipality certified pursuant to
O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program
in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division shall notify
the governing authority of the county or municipality in writing.
(d)
The governing authority of any county or municipality so notified shall have 90 days within which to take
the necessary corrective action to retain certification as a local issuing authority.
(e)
If the county or municipality does not take the necessary corrective action within 90 days after notification
by the division, the division may revoke the certification of the county or municipality as a local issuing
authority.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 10(f)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 10(f)), 11-17-2008)
Secs. 20-519—20-537. - Reserved.
Subdivision 2- Penalties and Incentives
Sec. 20-538. - Failure to obtain a permit for land-disturbing activity; citation.
If any person commences any land disturbing activity requiring a land disturbing permit, as
prescribed in this article, without first obtaining said permit, the person shall be subject to the
revocation of his or her business license, work permit, or other authorization to conduct any
business and associated work activities within the city's jurisdictional boundaries. The failure to
comply may result in a citation being issued to appear in municipal court which may result in
monetary fines.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 11(a)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 11(a)), 11-17-2008)
Sec. 20-539. - Stop work orders; notice to comply.
(a)
First and second violations; notice. For the first and second violations of the provisions of this article, the
community development director or designee shall issue a written warning to the violator. The violator
shall have five days to correct the violation. If the violation is not corrected within five days, the community
development director or designee shall issue a stop work order requiring the land disturbance activity to
be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the
violation presents an imminent threat to public health or waters of the state or if the land disturbing
activities are conducted without obtaining the necessary permit, the community development director or
designee shall issue an immediate stop work order in lieu of a warning.
(b)
Three or more violations. For the third and each subsequent violation, the community development
director or designee shall issue an immediate stop work order.
(c)
Stop work orders remain in effect until violation cured. All stop work orders shall be in effect immediately
upon issuance and shall remain in effect until the necessary corrective action or mitigation has occurred.
(d)
Posted notices; removal prohibited. It shall be unlawful for any representative of the owner to remove an
official notice to comply or stop work posting.
(1)
Upon the issuance of a stop work order, the community development director or his or her representative
shall post official notices at such locations on the project site as deemed appropri ate.
(2)
Such posted official notices shall be prominently displayed on the owner's property until the stop work
order is rescinded by the community development director or designee, at which time said posted notices
will be removed by the community development director or designee or his or her representative.
(3)
When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or
significant amounts of sediment, as determined by the community development director or his or her
designee, have been or are being discharged into state waters and where best management practices
have not been properly designed, installed, and maintained, a stop work order shall be issued by the
manager community development director or his or her designee.
(4)
All such stop work orders shall be effective immediately upon issuance and shall be in effect until the
necessary corrective action or mitigation has occurred.
(5)
Such stop work orders shall apply to all land disturbing activity on the site with the exception of the
installation and maintenance of temporary or permanent erosion, and sediment and pollution controls.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 11(b)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 11(b)), 11-17-2008)
Sec. 20-540. - Reinspection fee.
The community development director shall assess a minimum $50.00 reinspection fee to a
project if a reinspection is requested prior to the end of a compliance period and the site is found to
remain out of compliance upon that inspection. Such fees to cover administrative, field inspections,
and transportation costs must be satisfied prior to the issuance of a final erosion inspection or a
certificate of occupancy.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 11(c)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 11(c)), 11-17-2008)
Sec. 20-541. - Bond forfeiture.
(a)
Posting; notice; contents. If, through inspection, it is determined that a person engaged in land disturbing
activities has failed to comply with the approved plan and permit, written notice to comply shall be served
upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan
and shall state the time within which such measures must be completed.
(b)
Failure to comply. If the person engaged in the land disturbing activity fails to comply within the time
specified, he or she shall be deemed in violation of this article and, in addition to other penalties, shall be
deemed to have forfeited his or her performance bond, if required to post one under the provisions of
section 20-591(g). The city may call the bond or any part thereof to be forfeited and may use the
proceeds to hire a contractor to stabilize the site and bring it into compliance.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 11(d)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 11(d)), 11-17-2008)
Sec. 20-543. - Monetary penalties.
(a)
Any person who violates any provision of this article, or any permit condition or limitation established
pursuant to this article or who negligently or intentionally fails or refuses to comply with any final or
emergency order of the City director of Community Development issued as provided in this article shall be
liable for a civil penalty not to exceed $2,500.00 per day for each violation . For the purpose of enforcing
the provisions of this article, notwithstanding any provisions in the City Charter to the contrary, municipal
courts shall be authorized to impose penalty not to exceed $2,500.00 for each violation . Notwithstanding
any limitation of law as to penalties which can be assessed for violations of city ordinances, any
magistrate court or any other court of competent jurisdiction trying cases brought as violations of this
article under City ordinance approved under this article shall be authorized to impose penalties for such
violations not to exceed $2,500.00 for each violation. Each day during which a violation or failure or
refusal to comply continues shall be a separate violation.
(b)
Upon violation of the provisions of this article, the city shall be entitled to take such remedial action as the
community development director deems necessary to ensure compliance, and the violator shall
reimburse the city for any cost or expense associated with such compliance efforts and the city shall be
entitled to place a lien on the property to secure payment and reimbursement for these expenses.
(c)
The city community development director has the primary responsibility for the enforcement of this article.
(d)
Persons designated by the community development director are hereby authorized to issue official
notices, citations, and summons charging violations under this article, returnable to the state or city
municipal court, or any other court of competent jurisdiction.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 11(f)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 11(f)), 11-17-2008)
Sec. 20-544. - Education and certification.
(a)
Persons involved in land development design, review, permitting, construction, monitoring, or inspection
or any land-disturbing activity shall meet the education and training certification requirements, dependent
on their level of involvement with the process, as developed by the commission in consultation with the
division and the stakeholder advisory board created pursuant to O.C.G.A. 12 -7-20.
(b)
For each site on which land-disturbing activity occurs, each entity or person acting as either a primary,
secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one
person who is in responsible charge of erosion and sedimentation control activities on be half of said entity
or person and meets the applicable education or training certification requirements developed by the
Commission present on site whenever land-disturbing activities are conducted on that site. A project site
shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of
development or sale permitted by an owner or operator for compliance with the state general permit.
(c)
Persons or entities involved in projects not requiring a state general permit but otherwise requiring
certified personnel on site may contract with certified persons to meet the requirements of this article.
(d)
If a state general permittee who has operational control of land-disturbing activities for a site has met the
certification requirements of paragraph (1) of subsection (b) of O.C.G.A. 12-7-19, then any person or
entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such
permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of
O.C.G.A 12-7-19 and shall not be required to meet any educational requirements that exceed those
specified in said paragraph.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 12), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 12), 11-17-2008)
Sec. 20-545. - Appeals.
(a)
Construction Board of Appeals; hearing. The suspension, revocation, modification, or grant with condition
of a permit by the city upon finding that the holder is not in compliance with the approved erosion
sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder
is in violation of any provision of this article shall entitle the person submitting the plan or holding the
permit to a hearing before the city construction board of appeals within 45 days after receipt by the City
director of Community Development of written request for appeal.
(b)
Fulton County Superior Court. Any person aggrieved by a decision or order of the city, after exhausting
his or her administrative remedies, shall have the right to appeal de novo to the Superior Court of Fulton
County.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 13), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 13), 11-17-2008)
Sec. 20-546. - Liability.
(a)
Neither the approval of a plan under the provisions of this article, nor the compliance with provisions of
this article, shall relieve any person from responsibility for damage to any person or property otherwise
imposed by law nor impose any liability upon the city, the district or their officers, employees or agents for
damage to any person or property.
(b)
The fact that a land disturbing activity for which a permit has been issued results in injury to the property
of another shall neither constitute proof of nor create a presumption of a violation of the standards
provided for in this article or the terms of the permit.
(c)
No provision of this article shall permit any person to violate the Georgia Erosion and Sedimentation Act
of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved
thereunder or pollute any state waters as defined thereby.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 14(c)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 14(c)), 11-17-2008)
Secs. 20-547—20-565. - Reserved.
- DIVISION 3.-MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION
CONTROL USING BEST MANAGEMENT PRACTICES (BMP)
Sec. 20-566. - General provisions.
(a)
Excessive soil erosion and resulting sedimentation can take place during land disturbing activities if the
requirements of the article and the NPDES General Permit are not met. Therefore, plans for those land
disturbing activities which are not exempted by this article shall contain provisions for an application of
soil erosion, and sedimentation and pollution control measures and practices. The provisions shall be
incorporated into the erosion, and sedimentation and pollution control plans.
(b)
Soil erosion and sedimentation control measures and practices shall conform to the minimum
requirements of sections 20-567 and 20-568.
(c)
The application of measures and practices shall apply to all features of the site, including street and utility
installations, drainage facilities and other temporary and permanent improvements.
(d)
Measures shall be installed to prevent or control erosion sedimentation and pollution during all stages of
any land disturbing activity in accordance with requirements of this article and the NPDES General
Permit.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 5(a)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 5(a)), 11-17-2008)
Sec. 20-567. - Minimum requirements (BMP).
(a)
Properly designed defined. Best management practices as set forth in this section and section 20-568
shall be required for all land disturbing activities. Proper design, installation, and maintenance of BMPs
shall constitute a complete defense to any action by the Director or to any other allegation of
noncompliance with subsection (b) of this section or any substantially similar terms contained in a permit
for the discharge of stormwater issued pursuant to O.C.G.A. § 12-5-30(f) of the "Georgia Water Quality
Control Act." As used in this subsection, the terms "proper design" and "properly designed" mean
designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and
Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).
(b)
Violations. Each discharge of stormwater runoff from disturbed areas where BMPs have not been
properly designed, installed, and maintained shall constitute a separate violation of any land disturbing
permit issued by the City of Milton or of any state general permit issued by the division, pursuant to
O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such discharge
results and the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units
for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters
classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with
guidelines issued by the Director. This subsection shall not apply to any land disturbance associated with
the construction of single-family homes which are not part of a larger common plan of development or
sale unless the planned disturbance for such construction is equal to or greater than five acres.
(c)
Failure to properly design, install, or maintain BMPs shall constitute a violation of any land disturbing
permit issued by the City of Milton or of any state general permit issued by the division pursuant to
O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such failure occurs.
(d)
The Director may require, in accordance with regulations adopted by the board, reasonable and prudent
monitoring of the turbidity level of receiving waters into which discharges from lan d disturbing activities
occur.
(e)
The City of Milton may set more stringent buffer requirements than stated in section 20 -568 (a), (16) and
(17) in light of O.C.G. A. 12-7-6 (c).
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 5(b)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 5(b)), 11-17-2008)
Sec. 20-568. - To comply with state general permit.
(a)
The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. 12-7-1 et. Seq. for
the purpose of governing land disturbing activities shall require, as a minimum, protections at least as
stringent as the state general permit; and best management practices (BMPs), including sound
conservation and engineering practices to prevent and minimize erosion and resultant sedimentation,
which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion
and Sediment Control in Georgia," published by the Georgia Soil and Water Conservation Commission as
of January 1 of the year in which the land disturbing activity was permitted, as well as the following:
(1)
Proper erosion control measures must be installed along site boundaries prior to the stripping of
vegetation, re-grading, and other development activities as deemed by the community development
director to minimize erosion.
(2)
Cut-fill operations must be kept to a minimum.
(3)
Development plans must conform to the topography and soil type so as to minimize erosion potential.
(4)
Whenever feasible, natural vegetation shall be retained, protected and supplemented.
(5)
The disturbed area and duration of exposure to erosive elements shall be kept to a practicable minimum.
(6)
Disturbed soil shall be stabilized as quickly as practicable.
( 7)
Temporary vegetation or mulching shall be employed to protect all exposed areas during development.
(8)
Permanent vegetation and structural erosion control measures shall be installed as soon as practicable.
(9)
Sediment in runoff water must be trapped by the use of debris basins, sediment basins, sediment
barriers, construction exits or similar BMPs as outlined in the erosion and sediment control manual until
the disturbed area is stabilized. As used in this subsection (a), a disturbed area is stabilized when it is
brought to a condition of continuous compliance with the requirements of this section and O.C.G.A. § 12-
7-1 et seq.
(10)
Adequate provisions must be provided to minimize damage from surface water to the cut face of
excavations or the sloping surface of fills. Cuts and fills must not endanger adjoining properties.
(11)
Sound engineering practices or methods shall be employed to protect (i.e. cuts and fills may not
endanger) adjoining properties.
(12)
Fills may not encroach upon natural watercourses or constructed channels in a manner so as to
adversely affect other property owners.
(13)
Migrated soil materials or soil materials displaced by mechanical means from land disturbing sites to
adjacent watercourses, such as lakes, ponds, streams and creeks etc. must be remediated The remedial
work shall be conducted as per a remedial plan approved by the City of Milton.
(14)
Grading equipment must cross flowing streams by means of temporary or permanent bridges or culverts
except when such methods are not feasible; provided, in any case, that such crossings are kept to a
minimum.
(15)
Land disturbing activity plans for erosion sedimentation and pollution control shall include provisions for
treatment or control of any source of sediments and adequate sedimentation control facilities to retain
sediments on site or preclude sedimentation of adjacent waters beyond the levels specified in section 20 -
567(b).
(16)
Except as provided in subsection (a)(17) of this section, there is established a 25-foot buffer along the
banks of all state waters, as measured horizontally from the point where vegetation has been wrested by
normal stream flow or wave action, except where the Director determines to allow a variance that is at
least as protective of natural resources and the environment where otherwise allowed by the Director,
pursuant to O.C.G.A. § 12-2-8, or where a drainage structure or a roadway drainage structure must be
constructed; provided that adequate erosion control measures are incorporated in the project plans and
specifications are implemented; or along any ephemeral stream. As used in this provision, the term
„ephemeral stream‟ means a stream: that under normal circumstances has water flowing only during and
for a short duration after precipitation events; that has the channel located above the ground -water table
year round; for which ground water is not a source of water; and for which runoff from precipitation is the
primary source of water flow, unless exempted as along on ephemeral stream, the buffers of at least 25
feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the “Georgia Water Quality Control
Act”, shall remain in force unless a variance is granted by the Director as provided in this paragraph. The
following requirements shall apply to any such buffer.
a.
No land disturbance activities shall be conducted within a buffer and a buffer shall remain in its natural,
undisturbed state of vegetation until all land disturbing activities on the construction site are completed,
except as otherwise provided by this subsection.
b.
Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as
long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural
canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person
constructing a single-family residence, when such residence is constructed by or under contract with the
owner for his or her own occupancy, may thin or trim underbrush in a buffer at any time as long as
protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is
left in sufficient quantity to keep shade on the stream bed; and
c.
The buffer shall not apply to the following land disturbing activities; provided that they occur at an angle,
as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width
of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are
incorporated into the project plans and specifications and are implemented:
1.
Stream crossings for water lines; or
2.
Stream crossings for sewer lines.
(17)
There is established a 50-foot buffer as measured horizontally from the point where vegetation has been
wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout
streams" pursuant to Article 2 of Chapter 5 of Title 12, of ” the "Georgia Water Quality Control Act,"
except where a roadway drainage structure must be constructed; provided, however, that small springs
and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute
or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to
the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe
stops short of the downstream landowner's property and the landowner complies with the buffer
requirement for any adjacent trout streams. The Director may grant a variance from such buffer to land-
disturbing activity, provided that adequate erosion control measures are incorporated in the project plans
and specifications and are implemented. The following requirements shall apply to such buffer ;
a.
No land disturbance activities shall be conducted within a buffer and a buffer shall remain in its natural,
undisturbed state of vegetation until all land disturbing activities on the construction site are completed.
Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as
long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural
canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person
constructing a single-family residence, when such residence is constructed by or under contract with the
owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as
protective vegetation cover remains to protect water quality and aquatic habitat and natural canopy is left
in sufficient quality to keep shade on the stream bed; and
b.
The buffer shall not apply to the following land-disturbing activities; provided that they occur at an angle,
as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width
of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are
incorporated into the project plans and specifications and are implemented:
(i)
Stream crossings for water lines; or
(ii)
Stream crossings for sewer lines.
c.
Nothing contained in O.C.G.A. 12-7-1 et. Seq. shall prevent any local issuing authority from adopting
rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed
the minimum requirements in sections 20-567 and this section.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 5(c), (d)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 5(c), (d)), 11-17-2008)
Sec. 20-569. - No presumption of violation.
The fact that land disturbing activity for which a permit has been issued results in injury to
the property of another shall neither constitute proof of nor create a presumption of a violation of
the standards provided in this article or the terms of the permit.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 5(e)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 5(e)), 11-17-2008)
Sec. 20-570. - Additional requirements.
Where the Director or the City director of Community Development finds, through
inspection, that property owners have been adversely affected due to violations clearly identified by
the Director or the City director of Community Development, or that the approved current plans do
not adequately address the features of the site, the Director or the City director of Community
Development can require additional BMPs, drawings, and revisions to comply with the minimum
requirements as outlined in this division.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 5(f)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 5(f)), 11-17-2008)
Secs. 20-571—20-589. - Reserved.
- DIVISION 4.-APPLICATION/ PERMIT PROCESS
Sec. 20-590. - General provisions.
(a)
The property owner, developer, and designated planners and engineers shall design and review the
general development plans before submittal:
(1)
The city shall review the tract to be developed and the area surrounding it.
(2)
The City shall consult the zoning ordinance, stormwater management ordinance, subdivision ordinance,
flood damage prevention resolution, this article, and other ordinances which regulate the development of
land within the jurisdictional boundaries of the city.
(b)
However, the property owner and/or operator are the only parties who may obtain a permit.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 6(a)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 6(a)), 11-17-2008)
Sec. 20-591. - Application requirements.
(a)
Prior to any land disturbing activity, the property in question must be part of an approved and recorded
legal lot of record (including, but not limited to, exemption plat, minor plat, or final plat). Additionally, no
land disturbing activity, including grading, excavating, filling, and foundation work, shall be conducted
within the city, until a land disturbance permit or a building permit (for those projects not requiring a land
disturbance permit under this article) shall have been issued by the community development director
allowing such activity, pursuant to the provisions herein provided. If a project is to be developed in
phases, then a separate land disturbance permit or building permit is required for each phase not to
exceed 25-acre increments and the development sequence should be followed on all projects issued a
land disturbance permit.
(b)
No person shall conduct any land disturbing activity within the city's jurisdictional boundaries without first
obtaining a permit from the city community development department or its successor to perform such
activity and provide a copy of Notice of Intent submitted to EPD if applicable.
(c)
All developments, construction, improvements, utilities, and demolitions that occur within the boundaries
of the incorporated city limits that disturb more than 5,000 square feet of land shall be required to submit
an application for a land disturbance permit.
(d)
The application for a permit shall be submitted to the community development department and must
include the applicant's erosion and sedimentation control plan with supporting data, as necessary. Said
plans shall include, as a minimum, the data specified in section 20-592. Soil erosion sedimentation and
pollution control plans, together with supporting data must demonstrate affirmatively that the land
disturbing activity proposed shall conform to the provisions of this section and section 20-592.
Applications for a permit will not be accepted unless accompanied by three copies of the applicant's soil
erosion, sedimentation and pollution control plans and a physical address of the property owner (post
office box not acceptable). All applications shall contain a certification stating that the plan preparer or the
designee thereof visited the site prior to the creation of the plan in accordance with EPD Rule 391-3-7-10.
(e)
A minimum fee, as set by the city council, shall be charged for each acre, or fraction thereof, of the
project area.
(f)
In addition to the city's permitting fees, fees also will be assessed pursuant to O.C.G.A. § 12-5-23(a)(5);
provided that such fees shall not exceed $80.00 per acre of land disturbing activity and these fees shall
be calculated and paid by the primary permittee as defined in the state general perm it for each acre of
land disturbing activity included in the planned development or each phase of development. All applicable
fees shall be paid prior to issuance of the land disturbance permit. Half of such fees levied shall be
submitted to the division; except that any and all fees due from an entity which is required to give notice
pursuant to O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the division, regardless of the
existence of a local issuing authority in the jurisdiction.
(g)
The permit applicant shall be required to post a bond (surety) in the form of cash prior to issuing the
permit. The bond amount shall be determined as established by the community development department,
but not exceeding $3,000.00 per acre or fraction thereof of the proposed land disturbing activity. Surety
bonds shall be: 1) on the bond form provided by the City; 2) properly executed by the permit applicant
and surety; and 3) issued by a surety company determined to be: a) in good standing with the office of the
Georgia Insurance and Fire Safety Commissioner; and b) listed in Circular 570 (Federal Register Vol. 62,
No. 126) among companies holding certificates of authority as acceptable sureties on Federal bonds and
as acceptable reinsuring companies.
(1)
If the applicant does not comply with this article or with the conditions of the permit after issuance, the city
may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to
stabilize the site of the land disturbing activity and bring it into compliance.
(2)
If a permit applicant has had two or more outstanding violations of previous permits, this article, or the
Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12 -7-1 et seq.), as amended, within three years prior
to the date of filing of the application under consideration, the city may deny the permit application.
(h)
If applicable, immediately upon receipt of an application and plan for a permit, the city shall refer the
application and plan to the, district for its review and approval or disapproval concerning the adequacy of
the erosion sedimentation and pollution control plan. The district shall approve or disapprove a plan within
35 days of receipt. Failure of the district to act within 35 days shall be consi dered an approval of the
pending plan. The results of the district review shall be forwarded to the city. No permit will be issued
unless the plan has been approved by the district, and any variances required by section 20-568 (a) (16)
and (17), and bonding, if required as per subsection (g) of this section, have been obtained. Such review
will not be required if the city and the district have entered into an agreement which allows the city to
conduct such review and approval of the plan without referring the application and plan to the district. The
Local Issuing Authority with plan review authority shall approve or disapprove a revised plan submittal
within 35 days of receipt. Failure of the Local Issuing Authority with plan review authority to act within 35
days shall be considered an approval of the revised Plan submittal.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 6(b)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 6(b)), 11-17-2008)
Sec. 20-592. - Plan requirements.
(a)
Plans must be prepared to meet the minimum requirements as contained in sections 20-567 and 20-568
of this article or through the use of more stringent, alternate design criteria which conform to sound
conservation and engineering practices. The Manual for Erosion and Sedimentation Control in Georgia is
hereby incorporated by reference into this article. The plan for the land disturbing activity shall consider:
(1)
The interrelationship of the soil types;
(2)
Geological and hydrological characteristics;
(3)
Topography;
(4)
Watershed;
(5)
Vegetation;
(6)
Proposed permanent structures including roadways, constructed waterways, sediment control and
stormwater management facilities; and
(7)
Local ordinances and state laws.
(b)
Data required for site plan.
(1)
All the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan
Review Checklist established by the Commission as of January 1 of the year in which the land disturbing
activity was permitted
(c)
Maps, drawings, and supportive computations shall bear the signature/seal of a registered or certified
design After December 31, 2006, all persons involved in land development design, review, permitting,
construction, monitoring, or inspection or any land disturbing activity shall meet the education and training
certification requirements, dependent on his or her level of involvement with the process, as developed by
the commission and in consultation with the Division and the Stakeholder Advisory Board cre ated
pursuant to O.C.G.A. § 12-7-20.
(Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 6(c)), 11-17-2008)
Sec. 20-593. - Permits
(a)
Permits shall be issued or denied as soon as practicable but, in any event, not later than 45 days after
receipt by the city of a completed application; providing variances and bonding are obtained ,where
necessary and all applicable fees have been paid prior to permit issuance. The permit shall include any
conditions under which the activity may be undertaken.
(b)
No permit shall be issued by the city unless the erosion sedimentation and pollution control plan has been
approved by the district or by the city, and unless the city has affirmatively determined that the plan is in
compliance with this article, any variances required by section 20-568(a)(1416) and (1517) are obtained,
bonding requirements, if necessary, as per section 20-591(g), are met and all ordinances and rules and
regulations in effect within the jurisdictional boundaries of the unincorporated city are met. If the permit is
denied, the reason for denial shall be furnished to the applicant.
(c)
If the tract is to be developed in phases, then a separate permit shall be required for each p hase to
include the development sequence.
(d)
The permit may be suspended, revoked, or modified by the city, as to all or any portion of the land
affected by the plan, upon finding that the holder or his or her successor in title is not in compliance with
the approved erosion and sedimentation control plan or that the holder or his or her successor in title is in
violation of this article. A holder of a permit shall notify any successor in title to him or her of the
conditions contained in the permit as to all or any portion of the land affected by the approved plan.
(e)
The city may reject a permit application if the applicant has had two or more violations of previous permits
or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the
application, in light of O.C.G.A. 12-7-7 (f) (1).
(f)
It shall constitute noncompliance with this article to engage in land disturbance activity involving clearing,
grading, timber harvesting, or grubbing without a permit, which activity may immediately warrant citation.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 6(d)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 6(d)), 11-17-2008)
State law reference—Permits for land disturbing activities, O.C.G.A. §§ 12-7-7, 12-7-9.
Sec. 20-594. - City or county construction; compliance with article.
All engineering and construction involving land disturbance performed by or on behalf of
the city and under the direction of the public works department or any other city entity, whether
such engineering or construction is being accomplished on existing and proposed public land or on
public easement, shall comply with the requirements of this article and any other ordinances
relating to land disturbance, as are applied to private persons and the division shall enforce such
requirements upon the City.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 7), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 7), 11-17-2008)
Secs. 20-595—20-613. - Reserved.
Secs. 20-617—20-635. - Reserved.
- DIVISION 5.- DESIGN PROFESSIONAL INSPECTION
Sec. 20-636. - Required; exception.
The design professional referenced in the state general permit (except when the primary
permittee has requested in writing and EPD has agreed to an altern ative design professional) must
inspect the installation of BMPs which the design professional designed within seven days after the
initial construction activities commenced. The design professional shall determine if these BMPs
have been installed and are being maintained as designed. The design professional shall report the
results of the inspection to the primary permittee within seven days and the primary permittee must
correct all deficiencies within two business days of receipt of the inspection repor t from the design
professional unless weather related site conditions are such that additional time is required. The
community development director shall withhold the occupancy permit until full compliance has been
achieved.
(Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 9(a)), 11-17-2008)
Sec. 20-637. - Additional reporting requirements.
Applicants/owners/operators shall provide the community development director with a copy
of any monitoring results submitted to EPD regarding the National Pollutant Discharge Elimination
System (NPDES). Reports shall be in a format as prescribed by EPD. A copy of the notice of intent
which has been sent to EPD in compliance with the permit requirements must be presented to the
community developm ent director prior to the issuance of any land-disturbance permit.
(Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 9(b)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 9(b)), 11-17-2008)
Secs. 20-638—20-656. - Reserved.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Matt Marietta
Date: Submitted on May 25, 2009 for the June 7, 2010 Council Meeting
Agenda Item: Approval of a Grant Application to the Department of Homeland Security for the
Assistance to Firefighters Grant Program Sponsored by FEMA for the Purchase
of Three Defibrillators to Complete the Advanced Life Support Transition
Program
City Manager’s Office Recommendation:
Adopt the attached resolution approving the submission to the Department of Homeland
Security’s “Assistance to Firefighters” grant program authorizing the request for funding for three
additional defibrillators to complete the expansion of our Advanced Lif e Support (ALS) program.
This will allow all four of our fire trucks to provide paramedic-level pre-hospital care to the sick
and injured in our community.
Background:
The purpose of the “Assistance to Firefighters Grant” (AFG) is to award grants directly to fire
departments to enhance their abilities to equip field personnel in the performance of their
general duties. The program allows fire service agencies to apply for various capital budget
items, including Emergency Medical Services (EMS) equipment.
Discussion
The centerpiece of a transition from Basic Life Support (BLS) to ALS service is the purchase of
a defibrillator. It provides the critical piece of equipment needed to manage a whole range of
cardiac incidents and gives our paramedics a better understanding of what internal problems a
patient is having and begin interventions long before they can be packaged and transported to
an emergency room. Unfortunately, it is also the most expensive piece of the puzzle (other than
the paramedics themselves, which we already have on staff). Milton has been able to fund the
purchase of one defibrillator that we are placing in service in our most centrally located station
on Thompson Rd. However, that station will be the only ALS unit covering nearly 30,000
residents spread out over 44 square miles. In order to maximize our life saving capabilities, it
would be best to upgrade all of our engines to ALS units. This would put three additional
defibrillators in the field (we have four stations) and allow us to have ALS capabilities within 5
road miles of every location in the City. The potential impact on serious cardiac incident (and
other medical events calling for ALS intervention) is clear. Early defibrillation is well recognized
as an essential step in the chain of survival, and it also provides the bedrock of ALS pre-hospital
care.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
2
Funding and Fiscal Impact:
The AFG Grant has a 10% match for cities our size. The total project cost—based on the one
unit we have already purchased—would be $91,893. The City’s match would therefore be
$9,189. Based on this grant’s typical timeline, the funding would come after the turn of the fiscal
year. Thus, we would simply plan for the match in our regular FY2011 budget.
Alternatives:
The City may opt to continue with the level of service it currently provides at no cost to the City,
but to the detriment to the level of care provided to the community. Also, we may choose to
fund the items wholly in upcoming budget years.
Concurrent Review:
Chris Lagerbloom, City Manager
Bob Edgar, Fire Chief
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Matt Marietta
Date: Submitted on May 25, 2009 for the June 21, 2010 Council Meeting
Agenda Item: Approval of Milton’s Participation in a Regional Grant Application to the
Department of Homeland Security for the Assistance to Firefighters Grant
Program Sponsored by FEMA to Support the Purchase of Critical Public Safety
Radio Infrastructure Upgrades
City Manager’s Office Recommendation:
Adopt the attached resolution approving the participation of the City of Milton in a north Fulton
regional grant application submission to the Department of Homeland Security’s “Assistance to
Firefighters Grant” (AFG) program to fund the upgrade of the now antiquated 800MHz public
safety radio system providing critical communications to our police and fire personnel.
Background:
The purpose of the AFG program is to award grants directly to fire departments to enhance their
ability to equip field personnel in the performance of their general duties. The program allows
fire service agencies to apply for various capital budget items, including communications
interoperability projects such as the one addressed through this grant.
Discussion
All portable radio communications in Fulton County are supported by an analog trunked
800MHz system that was managed at the county level and that local municipalities bought into
on a per-user basis. This communications infrastructure provides the platform for all field-level
communications between our police, firefighters, ambulance services and even public works
personnel throughout the county. It also allows the field units to have continual contact with the
various regional 911 dispatch centers, keeping our public servants in touch with the community
during emergency situations.
The communications interoperability issue that this grant will be addressing is one of the
hallmarks of the homeland security act passed in the wake of the 9-11 attacks, and bears some
explanation, since the city is approaching this issue from a north Fulton regional perspective
rather than as individual jurisdictions. Unlike other issues such as the Ambulance Contracts
and even the different 911 centers, the interoperability of the communications infrastructure is
one of the central features of just about all of the grant opportunities. Federal (and subordinate)
funding is driven by this larger homeland security / NIMS (national incident management
system) ideology which is trying to overcome the failures of 9-11, including the problem that
adjacent jurisdictions operating on the same large-scale incident could not talk to each other
over the radio. This was largely due to the fact that each department / jurisdiction had its own
radio towers, communications frequencies, and used their own code language for talking
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
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amongst themselves. The result was that the critical emergency response was incredibly
difficult to manage because they were not able to talk to each other (say, for instance, that the
firefighters inside a burning high rise building could not hear the evacuation order from the
incident commander—who is outside the building—because they are operating on a VHF
system instead of the 800MHz system the command post has).
Career public safety personnel have seen the same issues here in Georgia, where there is a
large incident that results in fire and police departments from many jurisdictions all on the same
incident who are unable to communicate with each other or with the command post. This lack
of interoperability is dangerous for both the community and the first responders themselves and
may result in different units operating at cross purposes, thereby exacerbating the severity of
the emergency incident. In recognition of this issue, the federal government has thrown its
proverbial weight in the direction of regional communications projects. Thus, not only is a
unified regional approach best in this matter for our community and for our public safety
personnel, it is also most likely (by far) to get grant funding from any federal source or any
source that accepts the current NIMS ideology.
The purpose of this grant application request is therefore twofold. First, it allows us to replace
the failing system we are currently operating on. Second, it allows us to build a system that will
incorporate coordination with the surrounding jurisdictions. This project will serve several
purposes, including replacing the failing system, increasing interoperability between
departments and jurisdictions, and—most importantly for this and any future communications
grant requests—will place us in the best position to receive those grants.
Funding and Fiscal Impact:
This is a regional grant application to the Assistance to Firefighters program. The match
involved is based on population and since all populations in the participating cities will be
considered, there is a higher portion borne by the jurisdiction than we usually have in the AFG
program. Thus, Milton will pay 20% of their portion of the 5.2 million dollars this project is
expected to cost. Milton’s portion will be determined based on the number of radio users in our
jurisdiction vis-à-vis the other cities who are participating. Based on the timeline of the grant,
this item can be budgeted into upcoming fiscal years as appropriate.
It must be noted, however, that this regional grant application process has several moving parts
(so to speak) and may, over the length of the project, involve several different grant applications
as well as changes in the specifics of the system we are building. Approval of this application
does not bind the city to any specifics in the broader UASI program for the north Fulton
communications. Instead, it acknowledges the City’s support for the regional approach to
replacing the infrastructure (which is the position of strength from a grant-funding perspective),a
and allows us (and all of the other participating jurisdictions) to pursue one of the sources of
funding represented by the AFG grant program.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
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Alternatives:
There are no real viable alternatives to funding this UASI project in the long -term. While this
AFG grant may not be the ultimate means of funding for this transition (we may get denied, after
all), Milton cannot stop using radio communications for its public safety and public works
personnel. Other options are limited pretty much to setting up our own system independent of
the Cities, which (other than the associated expense of bearing the whole system) would then
exclude us from our automatic aid relationship with Alpharetta and would thereby be detrimental
to our current 911 service arrangement. As a consequence, the alternatives to this application
are to seek other grant funding options, or to simply opt to pay for our portion of the 5.2 million
(or potentially more) out of pocket.
Concurrent Review:
Chris Lagerbloom, City Manager
Bob Edgar, Fire Chief
Deb Harrell, Police Chief