Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12-05-11 Packet
Page 1 of 5 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, December 5, 2011 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jason Howard, Director of Adult Ministries with Stone Creek Church, Milton, Georgia 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. 11- 262) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the November 18, 2011 Special Called Meeting Council Minutes. (Agenda Item No. 11- 263) (Sudie Gordon, City Clerk) 2. Approval of the November 21, 2011 Regular Council Minutes. (Agenda Item No. 11- 264) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 5, 2011 Page 2 of 5 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 Financial Statements for the Period Ending March, 2011. (Agenda Item No. 11- 265) (Sudie Gordon, City Clerk) 4. Approval of Financial Status Report for Period 7- April, 2011. (Agenda Item No. 11- 266) (Sudie Gordon, City Clerk) 5. Approval of a Construction Services Agreement between Blount Construction Company, Inc. and the City of Milton for Repairs to the Shoulder on Mountain Road. (Agenda Item No. 11- 267) (Carter Lucas, Public Works Director) 6. Approval of a Construction Services Agreement Addendum #1 between the City of Milton and Georgia and Hames Residential Properties, LLC (DBA Direct Build) for Repairs to the Hopewell House. (Agenda Item No. 11- 268) (Carter Lucas, Public Works Director) 7. Approval of a Task Order with Stantec Consulting Services, Inc. for Subsurface Utility Engineering Septic Tank Location for Arnold Mill Road at New Providence Road. (Agenda Item No. 11- 269) (Carter Lucas, Public Works Director) 8. Approval of the following plats: Name of Development Action Comments Braeburn I Revision Change Address from 12230 to 12220 Braeburn I Revision Add Building 60 and 70 Braeburn II Revision Revise Property lines on Lots 2, 3, 5 and Common Area 4 Milton Preserve Final Plat Create 39 Lots Farrow Estates Minor Plat Divide One Lot into Three Wood Valley Estates Revision Revise Lot Lines on Lot 11 and 11A Crooked Creek Amenity Area Revision Revise Right of Way for Road Improvements The Shops @ Windward Village Revision Revise Lot Lines on Tract A and D (Agenda Item No. 11- 270) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 5, 2011 Page 3 of 5 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. 6) REPORTS AND PRESENTATIONS 1. Recognition of $3,500 Grant Funded by Milton Public Safety Fund for a Stairmaster for the Milton Fire and Police Department Wellness Program. (Presented by Jan Fowler, President – Milton Public Safety Fund) 2. Recognition and Presentation of City of Milton “Five” Year Anniversary Service Award Pins to: Mayor Joe Lockwood, Councilmember Julie Zahner Bailey, Councilmember Bill Lusk, Councilmember Karen Thurman, Chris Lagerbloom, Robyn MacDonald, Jared Erni and Roddy Motes. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. ZM11-03 – 12792 Donegal Lane (Lot #39) Vickery Crest Subdivision – Gerald E. Hudgins requests to modify Condition 3.a. of RZ05-135 to reduce the Minimum Rear Yard from 50 feet to 10 feet along the west property line. (Agenda Item No. 11- 271) (Kathleen Field, Community Development Director) 2. ZM11-04/VC11-06 – Deerfield Green Subdivision – Redus Atlanta Housing, LLC requests to modify the following conditions to read: 1d. Site development shall be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 except for lots identified as 136 through 163 on the revised site plan submitted on November 24, 2009 to the City of Milton Community Development Department (ZM09-03); 186 through 220 on the revised site plan submitted on November 3, 2011 to the City of Milton Community Development Department. (RZ05-22) 1f. The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots identified as 136 through 163 shall be a minimum heated floor area of 1,850 square feet. All units shall have a rear entry 2-car garage except for those lots identified as 136 through 163 shall have a front entry 2-car garage per the revised site plan submitted on November 24, 2009 to the City of Milton Community Development Department (ZM09-03); 186 through 220 shall have a front entry 2- car garage and a minimum heated floor area of 1,850 square feet per the revised site plan submitted on November 3, 2011 to the City of Milton Community Development Department. (RZ05-22) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 5, 2011 Page 4 of 5 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. 1g. Units 136 through154 provide a minimum of a 20’ setback from the back of sidewalk to the garage door and Units 155 through163; 186 through 220 provide a minimum of a 18 foot setback from the back of sidewalk to garage door; Units 186 through 220 provide a minimum of a 18 foot setback from the back of sidewalk to garage door. (RZ05-22) 2a. To the revised site plan received by the City of Milton Community Development Department on November 3, 2011. Said site plan is not conceptual; the developer must strictly adhere to the site plan as submitted. Any changes to the site plan must be approved by the Director of Community Development and must meet or exceed the requirements of the Zoning Ordinance and these conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (RZ05-22) To request the following 2 part concurrent variance to1) To reduce the number of required parking spaces from 18 spaces to 13 spaces for the amenity area (Section 64- 1410); 2) To allow the rear of town home units to exceed 25% cement siding for units 186 through 220 (Section 64-1095 (p)). (Agenda Item No. 11 - 272) (Kathleen Field, Community Development Director) 3. Approval of an Ordinance of the City of Milton, Georgia for Precious Metals Dealers. (Agenda Item No. 11 - 273) (Ken Jarrard, City Attorney) 4. Approval of an Ordinance of the City of Milton, Georgia for Pawn Shops. (Agenda Item No. 11 - 274) (Ken Jarrard, City Attorney) PUBLIC HEARING (None) 8) ZONING AGENDA (None) 9) UNFINISHED BUSINESS 1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Amend Chapter 38 to Adopt the Personnel Policies of the City of Milton Outlined in Chapter 38 as a Policy Resolution, rather than as an Ordinance Enactment. (Agenda Item No. 11- 253) (First Presentation on November 21, 2011) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 5, 2011 Page 5 of 5 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. 2. Approval of an Ordinance to Ratify and Convert to Ordinance From a Prior Resolution of the Council Regarding a Prepaid Wireless 9-1-1 Wireless Charge. (Agenda Item No. 11- 254) (First Presentation on November 21, 2011) (Ken Jarrard, City Attorney) 3. Approval of an Ordinance to Amend Appendix A, Fees and Other Charges of the Milton City Code. (Agenda Item No. 11- 255) (First Presentation on November 21, 2011) (Stacey Inglis, Finance Director) 10) NEW BUSINESS 1. Approval of a Resolution Adopting the City of Milton 2012 City Council Regular Meeting and Work Session Schedule. (Agenda Item No. 11- 275) (Sudie Gordon, City Clerk) 2. Approval of a Resolution Establishing a Charter Commission for the City of Milton, Georgia. (Agenda Item No. 11- 276) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 11- 277) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: December 5, 2011 City Council Meeting Agenda Item: Financial Status Report for Period 6 – March 2011 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are 8.18% higher than anticipated for the sixth period of the fiscal year. As previously mentioned, this is due mainly to the prior year property tax collections being well above what is expected for this time of the year. Total expenditures to‐date are $6,492,226 and are 6.6% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project‐by‐project basis. With a total project expenditure budget of $9,540,001, capital expenditures‐to‐date total $2,695,451. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $12,325 Sidewalk Replacement Fund: Balance: $80,308 1 of 9 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending March 2011 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,607,691 163,406 - 163,406 1,320,196 937,000 383,196 Motor Vehicle Tax 450,000 43,515 37,500 6,015 215,448 187,500 27,948 Intangible Tax 160,000 8,622 13,333 (4,711) 83,159 66,667 16,492 Real Estate Transfer Tax 37,000 1,252 3,083 (1,831) 12,449 15,417 (2,968) Franchise Fees 1,700,000 64,173 68,000 (3,827) 734,180 765,000 (30,820) Local Option Sales Tax 3,540,000 330,636 295,000 35,636 1,494,405 1,386,500 107,905 Alcohol Beverage Excise Tax 280,000 19,941 23,333 (3,392) 109,213 116,667 (7,454) Business & Occupation Tax 550,000 282,553 302,500 (19,947) 394,581 495,000 (100,419) Insurance Premium Tax 850,000 - - - - - - Financial Institution Tax 26,000 16,816 5,200 11,616 30,899 26,000 4,899 Penalties & Interest 59,000 26,028 167 25,861 50,858 51,400 (542) Alcohol Beverage Licenses 150,000 1,300 1,500 (200) 137,800 136,500 1,300 Other Non-Business Permits/Licenses 15,750 1,130 1,313 (183) 5,431 7,875 (2,444) Zoning & Land Disturbance Permits 23,000 600 1,917 (1,317) 7,210 11,500 (4,290) Building Permits 75,000 24,907 6,250 18,657 90,168 37,500 52,668 Intergovernmental Revenue - - - - - - - Other Charges for Service 318,000 38,207 22,750 15,457 141,689 159,000 (17,311) Municipal Court Fines 502,500 41,889 41,875 14 195,498 251,250 (55,752) Interest Earnings 15,000 1,536 1,250 286 16,860 7,500 9,360 Contributions & Donations - - - - - - - Other Revenue 37,802 0 - 0 40,299 37,802 2,497 Other Financing Sources - - - - - - - Total Revenue 17,396,743 1,066,511 824,971 241,540 5,080,341 4,696,077 384,264 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,912 12,582 14,167 (1,585) 77,811 84,041 (6,230) Clerk of the Council 224,741 14,214 17,558 (3,344) 100,944 109,562 (8,618) City Manager 297,343 25,504 22,734 2,770 137,890 142,512 (4,623) General Administration 548,694 43,193 45,725 (2,531) 290,653 316,109 (25,456) Finance 517,011 54,197 67,104 (12,907) 239,981 239,785 197 Legal 240,000 14,058 20,000 (5,942) 49,862 80,000 (30,138) Information Technology 525,571 23,969 32,946 (8,978) 228,795 278,372 (49,577) Human Resources 238 606 17 612 18 576 (964)104 525 115 460 (10 935) Revenue Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Human Resources 238,606 17,612 18,576 (964) 104,525 115,460 (10,935) Risk Management 175,621 12,212 14,635 (2,423) 79,349 87,811 (8,462) General Government Buildings - 1,679 - 1,679 21,679 - 21,679 Public Information & Marketing 85,371 8,455 6,627 1,828 39,902 41,516 (1,614) Municipal Court 226,604 10,256 17,595 (7,339) 96,625 110,210 (13,585) Police 2,524,380 187,543 196,947 (9,403) 1,155,559 1,229,986 (74,427) Fire 4,196,653 297,362 327,271 (29,909) 2,009,436 2,044,447 (35,011) EMS Operations 136,881 11,021 11,407 (386) 66,125 68,441 (2,316) Public Works 1,513,980 112,880 123,350 (10,470) 586,572 750,234 (163,662) Parks & Recreation 357,374 22,087 28,540 (6,454) 123,684 175,709 (52,026) Community Development 652,724 54,282 50,484 3,798 336,069 316,979 19,090 Debt Service - Capital Lease Payment 716,543 - 716,543 (716,543) 716,541 716,543 (2) Operating Transfers to Other Funds 3,918,284 15,149 20,368 (5,219) 30,225 40,736 (10,511) Operating Reserve 133,450 - - - - - - Total expenditures 17,396,743 938,256 1,752,578 (814,322) 6,492,226 6,948,452 (456,225) Net Income/(Loss)128,255 (1,411,885) 2 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee -$ -$ 1,050$ 1,050$ Earth Day Vendor Fee - 330 330 330 Milton Roundup Sponsor 10,000 - 2,000 (8,000) Earth Day Sponsor - 700 700 700 Contributions & Donations 2,000 - - (2,000) Interest Revenues - - - - T-shirt Sales 500 - 126 (374) Mayor's Run 2,000 441 441 (1,559) Total revenues 14,500$ 1,471$ 4,647$ (9,853)$ EXPENDITURES Current: Special Events 49,500$ 16$ 22,836$ 26,664$ Total Expenditures 49,500$ 16$ 22,836$ 26,664$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ 4,079$ 18,311$ (16,689)$ Total other financing sources and uses 35,000$ 4,079$ 18,311$ (16,689)$ Net change in fund balances -$ 122$ Fund balances - beginning 44,203 Fund balances - ending -$ 44,325$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2011 3 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations -$ -$ -$ -$ Interest Revenues - 5 30 30 Realized Gain on Investments - 24 24 Budgeted Fund Balance 2,800 - - (2,800) Total revenues 2,800$ 29$ 54$ (2,770)$ EXPENDITURES Current: Police 2,800$ -$ -$ 2,800$ Total Expenditures 2,800$ -$ -$ 2,800$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 54$ Fund balances - beginning - 7,520 Fund balances - ending -$ 7,574$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2011 4 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 700,000$ 36,926$ 269,465$ (430,535)$ Total revenues 700,000$ 36,926$ 269,465$ (430,535)$ EXPENDITURES Current: Public Safety 627,787$ -$ 279,769$ 348,018$ Total Expenditures 627,787$ -$ 279,769$ 348,018$ OTHER FINANCING USES Unallocated 72,213$ -$ -$ (72,213)$ Total other financing sources and uses 72,213$ -$ -$ (72,213)$ Net change in fund balances -$ (10,304)$ Fund balances - beginning - 340,333 Fund balances - ending -$ 330,029$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2011 5 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 50,032$ -$ 15,076$ (34,956)$ Total revenues 50,032$ -$ 15,076$ (34,956)$ EXPENDITURES Current: General Administration 3,350$ -$ -$ 3,350 Fire 128,153 30,298 60,450 67,703 Public Works - - - - Community Development - - - - Total Expenditures 131,503$ 30,298$ 60,450$ 71,053$ Excess of revenues over expenditures (81,471) (30,298) (45,374) 36,097 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 81,471$ 15,149$ 30,225$ (51,246)$ Total other financing sources and uses 81,471$ 15,149$ 30,225$ (51,246)$ Net change in fund balances - (15,149) Fund balances - beginning 3,423 Fund balances - ending -$ (11,726)$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2011 6 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 35,000$ 4,079$ 18,311$ (16,689)$ Total revenues 35,000$ 4,079$ 18,311$ (16,689)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund -$ -$ -$ -$ Transfers out to Special Events Fund 35,000 4,079 18,311 53,311 Total other financing sources and uses 35,000$ 4,079$ 18,311$ 53,311$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2011 7 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 177$ 17,671$ (47,329)$ Landfill Host Fees 155,000 - 18,026 (136,974) Tree Recompense 12,625 - - (12,625) HYA Fees 20,000 - - (20,000) Interest Revenue 2,000 - - (2,000) Realized Gain or Loss on Investments 2,000 - - (2,000) Sidewalk Replacement Account 70,558 - 9,750 (60,808) Total revenues 327,183 177$ 45,446$ (281,737)$ EXPENDITURES Capital Outlay City Council 425,000$ -$ 1,395,550$ (970,550)$ General Admin 15,000 - - 15,000 Finance 44,475 - 10,334 34,141 IT 46,000 - 28,463 17,537 Police 212,613 10,000 32,660 179,953 Fire 463,688 - 74,544 389,144 Public Works 6,136,118 26,081 1,030,256 5,105,862 Parks & Recreation 1,857,798 29,220 92,772 1,765,026 Community Development 339,309 30,320 30,872 308,437 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2011 Total Capital Outlay 9,540,001$ 95,620$ 2,695,451$ 6,844,550$ Excess of revenues over expenditures (9,212,818) (95,443) (2,650,005) (7,126,286) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,598,573$ -$ -$ (3,598,573)$ Unallocated (98,933) - - 98,933 Budgeted Fund Balance 5,713,178 - - (5,713,178) Total other financing sources and uses 9,212,818 - - (9,212,818) Net change in fund balances - (2,650,005) Fund balances - beginning 5,940,006 Fund balances - ending -$ 3,290,001$ 8 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Assistant to Firefighters Grant -$ -$ 23,004$ 23,004 GDOT HPP Funds 3,365,794 66,009 86,592 (3,279,202) LCI Funds 100,000 - - (100,000) GA Urban Forestry Grant 20,000 - - (20,000) MARTA Grant 613,000 - 284,418 (328,582) Interest Revenues - - - - Total revenues 4,098,794$ 66,009$ 394,014$ (3,704,780)$ EXPENDITURES Capital Outlay Public Works 4,473,608$ 50,422$ 450,336$ 4,023,272$ Community Development 150,000 - - 150,000 Total Capital Outlay 4,623,608$ 50,422$ 450,336$ 4,173,272$ Excess of revenues over expenditures (524,814) 15,587 (56,322) 468,492 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 238,240$ -$ -$ (238,240)$ Budgeted Fund Balance 286,574 - - (286,574)$ Total other financing sources and uses 524,814$ -$ -$ (524,814)$ Net change in fund balances - (56,322) Fund balances - beginning 880,161 City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2011 Fund balances - ending -$ 823,839$ 9 of 9 City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: December 5, 2011 City Council Meeting Agenda Item: Financial Status Report for Period 7 – April 2011 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are 12.01% higher than anticipated for the seventh period of the fiscal year. As previously mentioned, this is due mainly to the prior year property tax collections being well above what is expected for this time of the year. Total expenditures to‐date are $7,940,468 and are 7.3% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project‐by‐project basis. With a total project expenditure budget of $9,540,001, capital expenditures‐to‐date total $2,854,904. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $12,325 Sidewalk Replacement Fund: Balance: $80,308 1 of 9 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending April 2011 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,607,691 43,708 - 43,708 1,363,874 937,000 426,874 Motor Vehicle Tax 450,000 56,892 37,500 19,392 272,340 225,000 47,340 Intangible Tax 160,000 12,926 13,333 (408) 96,085 80,000 16,085 Real Estate Transfer Tax 37,000 3,261 3,083 177 15,709 18,500 (2,791) Franchise Fees 1,700,000 202,340 204,000 (1,660) 936,519 935,000 1,519 Local Option Sales Tax 3,540,000 328,496 295,000 33,496 1,822,900 1,681,500 141,400 Alcohol Beverage Excise Tax 280,000 23,595 23,333 262 132,808 140,000 (7,192) Business & Occupation Tax 550,000 111,846 55,000 56,846 506,427 506,000 427 Insurance Premium Tax 850,000 - - - - - - Financial Institution Tax 26,000 - - - 30,899 26,000 4,899 Penalties & Interest 59,000 6,058 167 5,891 57,039 57,000 39 Alcohol Beverage Licenses 150,000 (200) - (200) 137,600 136,500 1,100 Other Non-Business Permits/Licenses 15,750 1,108 1,313 (205) 6,734 9,188 (2,454) Zoning & Land Disturbance Permits 23,000 3,050 1,917 1,133 10,260 13,417 (3,157) Building Permits 75,000 14,613 6,250 8,363 104,781 43,750 61,031 Intergovernmental Revenue - - - - - - - Other Charges for Service 318,000 32,301 22,750 9,551 173,990 185,500 (11,510) Municipal Court Fines 502,500 50,658 41,875 8,783 246,156 293,125 (46,969) Interest Earnings 15,000 2,320 1,250 1,070 20,080 8,750 11,330 Contributions & Donations - - - - - - - Other Revenue 37,802 25 - 25 40,324 37,802 2,522 Other Financing Sources - - - - - - - Total Revenue 17,396,743 892,996 706,771 186,225 5,974,526 5,334,031 640,495 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,912 9,596 10,443 (847) 87,407 95,974 (8,567) Clerk of the Council 224,741 14,414 17,558 (3,145) 115,357 127,120 (11,762) City Manager 297,343 24,380 22,603 1,778 162,879 164,477 (1,598) General Administration 548,694 41,275 45,725 (4,449) 331,928 361,834 (29,906) Finance 517,011 45,200 59,104 (13,904) 285,181 286,583 (1,402) Legal 240,000 9,987 20,000 (10,013) 59,849 100,000 (40,151) Information Technology 525,571 24,226 30,053 (5,828) 253,021 315,153 (62,132) Human Resources 238 606 16 198 18 576 (2 378)120 723 129 861 (9 138) Revenue Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Human Resources 238,606 16,198 18,576 (2,378) 120,723 129,861 (9,138) Risk Management 175,621 12,260 14,635 (2,375) 91,608 102,446 (10,837) General Government Buildings - 1,650 - 1,650 23,329 - 23,329 Public Information & Marketing 85,371 8,479 6,627 1,852 48,381 48,143 238 Municipal Court 226,604 15,052 17,595 (2,543) 111,677 127,805 (16,128) Police 2,524,380 196,099 196,947 (847) 1,351,658 1,426,933 (75,275) Fire 4,196,653 301,877 327,271 (25,394) 2,311,313 2,371,719 (60,405) EMS Operations 136,881 11,021 11,407 (386) 77,146 79,847 (2,701) Public Works 1,513,980 63,884 123,350 (59,466) 650,456 873,584 (223,128) Parks & Recreation 357,374 13,509 28,540 (15,031) 137,193 204,250 (67,057) Community Development 652,724 55,879 50,484 5,395 391,947 367,463 24,485 Debt Service - Capital Lease Payment 716,543 - 716,543 (716,543) 716,541 716,543 (2) Operating Transfers to Other Funds 3,918,284 - 20,368 (20,368) 30,225 40,736 (10,511) Operating Reserve 133,450 - - - - - - Total expenditures 17,396,743 864,986 1,737,829 (872,843) 7,357,821 7,940,468 (582,647) Net Income/(Loss)28,010 (1,383,295) 2 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee -$ -$ 1,050$ 1,050$ Earth Day Vendor Fee - 15 345 345 Interest Revenues - - - - Milton Roundup Sponsor 10,000 - 2,000 (8,000) Earth Day Sponsor - 1,900 2,600 2,600 Mayor's Run 2,000 - 441 (1,559) Contributions & Donations 2,000 - - (2,000) T-shirt Sales 500 - 126 (374) Total revenues 14,500$ 1,915$ 6,562$ (7,938)$ EXPENDITURES Current: Special Events 49,500$ 6,086$ 28,922$ 20,578$ Total Expenditures 49,500$ 6,086$ 28,922$ 20,578$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ 4,607$ 22,918$ (12,082)$ Total other financing sources and uses 35,000$ 4,607$ 22,918$ (12,082)$ Net change in fund balances -$ 557$ Fund balances - beginning 44,203 Fund balances - ending -$ 44,760$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2011 3 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations -$ -$ -$ -$ Interest Revenues - 5 34 34 Realized Gain on Investments - 46 70 Budgeted Fund Balance 2,800 - - (2,800) Total revenues 2,800$ 51$ 104$ (2,766)$ EXPENDITURES Current: Police 2,800$ -$ -$ 2,800$ Total Expenditures 2,800$ -$ -$ 2,800$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 104$ Fund balances - beginning - 7,520 Fund balances - ending -$ 7,624$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2011 4 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 700,000$ 125,186$ 394,651$ (305,349)$ Total revenues 700,000$ 125,186$ 394,651$ (305,349)$ EXPENDITURES Current: Public Safety 627,787$ 147,187$ 426,956$ 200,831$ Total Expenditures 627,787$ 147,187$ 426,956$ 200,831$ OTHER FINANCING USES Unallocated 72,213$ -$ -$ (72,213)$ Total other financing sources and uses 72,213$ -$ -$ (72,213)$ Net change in fund balances -$ (32,305)$ Fund balances - beginning - 340,333 Fund balances - ending -$ 308,028$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2011 5 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 50,032$ -$ 15,076$ (34,956)$ Total revenues 50,032$ -$ 15,076$ (34,956)$ EXPENDITURES Current: General Administration 3,350$ -$ -$ 3,350 Fire 128,153 - 60,450 67,703 Public Works - - - - Community Development - - - - Total Expenditures 131,503$ -$ 60,450$ 71,053$ Excess of revenues over expenditures (81,471) - (45,374) 36,097 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 81,471$ -$ 30,225$ (51,246)$ Total other financing sources and uses 81,471$ -$ 30,225$ (51,246)$ Net change in fund balances - (15,149) Fund balances - beginning 3,423 Fund balances - ending -$ (11,726)$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2011 6 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 35,000$ 4,607$ 22,918$ (12,082)$ Total revenues 35,000$ 4,607$ 22,918$ (12,082)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund -$ -$ -$ -$ Transfers out to Special Events Fund 35,000 4,607 22,918 57,918 Total other financing sources and uses 35,000$ 4,607$ 22,918$ 57,918$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2011 7 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 14,461$ 32,132$ (32,868)$ HYA Fees 20,000 9,375 9,375 (10,625) Landfill Host Fees 155,000 - 33,724 (121,276) Tree Recompense 12,625 - - (12,625) Interest Revenue 2,000 - - (2,000) Realized Gain or Loss on Investments 2,000 1,000 5,486 3,486 Sidewalk Replacement Account 70,558 - 9,750 (60,808) Total revenues 327,183 24,835$ 90,466$ (236,717)$ EXPENDITURES Capital Outlay City Council 425,000$ 25,000$ 1,420,550$ (995,550)$ General Admin 15,000 - - 15,000 Finance 44,475 255 10,589 33,886 IT 46,000 - 28,463 17,537 Police 212,613 - 32,660 179,953 Fire 463,688 - 74,544 389,144 Public Works 6,136,118 133,769 1,164,025 4,972,093 Parks & Recreation 1,857,798 429 93,201 1,764,597 Community Development 339,309 - 30,872 308,437 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2011 Total Capital Outlay 9,540,001$ 159,453$ 2,854,904$ 6,685,097$ Excess of revenues over expenditures (9,212,818) (134,617) (2,764,438) (6,921,813) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,598,573$ -$ -$ (3,598,573)$ Unallocated (98,933) - - 98,933 Budgeted Fund Balance 5,713,178 - - (5,713,178) Total other financing sources and uses 9,212,818 - - (9,212,818) Net change in fund balances - (2,764,438) Fund balances - beginning 5,940,006 Fund balances - ending -$ 3,175,568$ 8 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Assistant to Firefighters Grant -$ -$ 23,004$ 23,004 GDOT HPP Funds 3,365,794 40,338 126,930 (3,238,864) LCI Funds 100,000 - - (100,000) GA Urban Forestry Grant 20,000 - - (20,000) MARTA Grant 613,000 7,256 291,674 (321,326) Interest Revenues - - - - Total revenues 4,098,794$ 47,594$ 441,608$ (3,657,186)$ EXPENDITURES Capital Outlay Public Works 4,473,608$ 42,762$ 493,098$ 3,980,510$ Community Development 150,000 - - 150,000 Total Capital Outlay 4,623,608$ 42,762$ 493,098$ 4,130,510$ Excess of revenues over expenditures (524,814) 4,832 (51,490) 473,324 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 238,240$ -$ -$ (238,240)$ Budgeted Fund Balance 286,574 - - (286,574)$ Total other financing sources and uses 524,814$ -$ -$ (524,814)$ Net change in fund balances - (51,490) Fund balances - beginning 880,161 City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2011 Fund balances - ending -$ 828,671$ 9 of 9 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: November 15, 2011 for the December 5, 2011 Council meeting Agenda Item: Approval of a Construction Services Agreement between Blount Construction Company, Inc. and the City of Milton for repairs to the shoulder on Mountain Road. Background: This project is part of an agreement with NRCS (Natural Resources Conservation Service) for repairs to the shoulder of Mountain Road. Discussion: The work to be completed under this Agreement includes the repairs to the shoulder of Mountain Road that washed out during a storm event. This project is part of an agreement with NRCS for hazard mitigation repair and NRCS will reimburse the city $4,008 for the repairs. In accordance with the city’s purchasing policy four bids were received and Blount Construction Company, Inc. was determined to be the lowest responsible bidder at $14,500. Staff is recommending approval of the lump sum contract with Blount Construction Company, Inc. Legal Review: Construction Services Agreement – Paul Higbee, Jarrard & Davis on 9/15/2011 Attachments: 1. Construction Services Agreement /1-1 city of Milton CONSTRUCTION SERVICES AGREEMENT FOR Mountain Road Shoulder Repair This Agreement (the "Agreement") to provide intersection pedestrian improvements is made and entered into this _ day of , 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton. City Council (hereinafter referred to as the "City"), and Blount Construction Company, Inc., a corporation with its principal place of business located at 1730 Sands Place, Marietta, Georgia 30067, (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued a Request For Bid (RFB Mountain Road Shoulder Improvements), to solicit bids for intersection improvements at various locations within the city; and WHEREAS, based upon Contractor's bid to provide the drainage improvements, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement ( 16 Pages); B. Request For Bid RFBIPlans and Specifications (6 Pages), attached hereto as Exhibit «A,l. C_ Proposal and Bid from Contractor dated (I Page), attached hereto as Exhibit "B"; D. Contractor Affidavit and Agreement, attached hereto as Exhibit "C"; E. Subcontractor Affidavit, attached hereto as Exhibit "D"; F. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and G. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Proiect Description The Project is defined generally as follows: 1. Removal and replacement of the existing guardrail; 2. Slope repair, backfill and stabilization; 3. All erosion and sedimentation as necessary. The scope is more particularly defined in Exhibit "A". Section. 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time Contractor agrees to complete the Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5 Contractor's Compensation; Time and Method of Payment Contractor shall be paid in one lump sum for the full agreed -to contract amount of $14,500. The City shall pay Contractor upon Final Completion of the Project as such is determined by the City, net thirty (30) days from the date of invoice. No payments will be made 2 for unauthorized work. Upon the City's certification of Final Completion of the Project, an invoice should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand - delivered. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. 3 C. ELcpertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. 4 G. Contractor's Representative tl f 44^shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Aiareement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. 1. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willfal, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are 5 performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (14) days after issuance. The Contractor shall ensure that it and all of its subcontractors comply with all applicable provisions of the Davis Bacon Wages Act during the term of this Agreement. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: 0 (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions. The policy is to contain, or be endorsed to contain, the following provisions.- (a) rovisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor_ The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. 7 (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(1) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(1) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: V11. F� (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Ern to meat of Unauthorized Aliens Prohibited It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. 0 The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "C." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records,_ Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety 10 of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. C. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non -citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit -issuing agencies and institutions that administer such benefits. The Contractor covenants and declares that it is enrolled in the Basic Employment 11 Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Contractor shall likewise require all subcontractors or sub -consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Contractor shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City of Milton, affirming the Contractor's compliance with this Section. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Key Personnel [Reserved] S. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. T. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials, if any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. U. Meetings 12 The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section S Covenants of the City A. Rip -ht of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Hopewell Road right-of-way, in order for Contractor to complete the Work. B. City's Representative Jim Seeba shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year firom the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that 13 period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price_ The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counter arts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of, Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. 14 E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30044 NOTICE TO CONTRACTOR shall be sent to: Blount Construction Company, Inc. 1730 Sands Place Marietta, Georgia 30067 F. Sovereign Immuniiy. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perforin (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. 15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] In the presence of: Witness ;.�7liliilHlrl►yt. ,30TION., Notary ublic 111 [NOTARY SEAL]m:A [CORPORATE SEAL] My -Commission Expi S`�4 =o s�'8L1�' "r�►iNa�3���,� SIGNED} SEALED AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Blount Construction Company, Inc. MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] Secretary of Owner should attest Give proper title of each person -executing affidavit. Attach seal as required. Executed in Triplicate of 3 10 ;.�7liliilHlrl►yt. ,30TION., By: Its: 'apoR c0� [CORPORATE SEAL] SEAL `r izz0 MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] Secretary of Owner should attest Give proper title of each person -executing affidavit. Attach seal as required. Executed in Triplicate of 3 10 EXHIBIT "A" REQUEST FOR BID/PLANS AND SPECIFICATIONS 17 Mountain Road Road Shoulder Improvements ®IDS DUE August 22, 2011 BY I:40 Purl QOn* ral ft,50DWI of F.Me=.tSCOW. PZia suOfsn -of wort pmdides f- the 'e-Gornstructlon cr'an eluded and ohoulder heated on the south rddt or Mouotsirl Road in Milton. Georg a_ The project includas sopa stabilization, r-s gradinrg. rarxrsving and re -sung guardrail, slope prosection, re.grassing and erasion and sedlmsnt*wtrbl at Mountain Road, MiitoM Georgia. For additirrrgf 6i7eCi1jv details oonceming filly pfojecl refer to ftra atl;aLhFnerIts . 'iris CCntsarrgr ohall prouid: a lamp sum price tocomplete the pmjac! Na p®rlarrrrar r� tSond6, payntertt iaonds, or tbn6sgency firnris are to Yrs included in this cid. Note: This project t& (in pert) Federally funded. As such, the contractor and the City must follow five tequlfernenisof the Davis-9ar on Wages Act. The undersigned, as bidder, declares and repre ants ttat it has examined th0 site of the work and informed H—Wherself fully in regard to all condillons pertaifrng Ta the place where the work is ,o be perfQrmteci, irtclsrding lhaee Px�ndllionz affet V theeaesl of the work and the delivery, lharvdiiny ond sLara9e of materiW3 and rzuipmetlt. Thrw ladder has examm)w and read tn*.Biddi" Dtumark and has satisfied himsaIfinerseif that the Bidding Do+cutrwt is an adeq data and accnntAhla reftecfion of the work which is rr rlr3ined to be performed and thW tri* Molder is willing and rblc bb perform a I I of The woft neee3$Ery.'The Wde�f h4i- e -r Certifies that no add itionaI info rrrration is reauired to cornplein fho +Mark eruampassed by thes bid within tore =1 ants schedola established and Ogreed 4pon withto this bidding dor iment The bidder pmppeeo end agrees that If this bid IS bXtpted tocontrad with the City of Milton to proyjde alt Gonstruction labor, matersas, equipment, pr oduC,s, transportation, and other fat:itifies and serviCft as necessary Gndlor r-cilluired to'exW.Ut* and oom*vte the work irz Full h aoxxdsrnr.P with thF -,v[rpe orf work provid,90 k] thB full sat .sfacdon of the rity_ THE 13ASE END iS THE AMOUNT UPON WHICH THE BIDIDER WILL rat FUNMALLY EVALUATED AND Vu"ICH WILL BE USED TO ni fERMlPhF THF iOIAF',%7 RF9PONS iBLF R1DD R. Th►o km3c hid may not no withdrawn oc modi'fied, except at the requtM of the dily, for a psnod of sixty (00) days toIWwln9 race pt of the beds. pollor AmourA In Numbers) {Company name] {SiQnrffture} 18 No Text EXHIBIT "B" BID FROM CONTRACTOR 20 FFMountain Road 1 Road Shoulder Improvements IDS ""UE August 22, 2011 BY 1:00 P� General Description aL; Prooct Scope: This scope of work provides for the re-construction of an eroded road shoulder located on the south side of Mountain Road in Milton, Georgia. The project includes slope stabilization, re- grading, removing and re-setting guardrail, slope protection, re-grassing and erosion and sediment control at Mountain Road, Milton, Georgia. For additional specific details ooncerning this project refer to the attachments. The contractor shall p€`ovids a lump sura price to complete the project. No performance bonds, payment bonds, or contingency funds are to be included in this bid. Note: This project is (in part) federally funded. As such, the contractor and the City rnust follow the requirements of the Davis-Bacon Wages Act. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed hirnself/herself fully in regard to all conditions pertaining to the place where the work is to be per-formed, including those conditions affecting the cast of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Dacurrent and has satisfied himself/herself that the Bidding document is an adequate and acceptable refection of the work which is required to be performed and that the bidder is willing and able to perforin all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cast and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation:, and ether facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city. THE BASE SID IS THE AMOUNT UPON WHICH THE BIDDER WILL HE FORMALLY EVALUATED AND WHICH WILL. BE USED TO DETERMINE TIDE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids. Basi- 14t�a.r� - ... i (Dollar-Amount in Numbers) 9 I (Company Name) i _ ..._.._._..` (Signature) _----._..........__ tPrinted Name) I EXHIBIT "C" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-1091 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "D" Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. 1292 -to EEV 1 Basic Pilot Program User Identification Number /ter 4��— BY: Authorized Officer or Agent Date (Blount Construction Company, Inc.) �fecf Alrescr Title of Aut prized Officer or Agent of Contractor P'" it Printed Name of.Aut6r17ed Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 1 DAY OF V a b"04) 12011 �►�►►►►�N Notary Public fLP:- My Commission Expires: Nar,b 1g�H Vis, ��.� ❑Q�� OvI� ;G�,`;� Ent 21 STATE OF GEORGIA CITY OF MILTON EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-14-91. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Subcontractor Name Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 2011 Notary Public My Commission Expires: 22 Bond No. 105615175 PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company_ Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Travelers Casualty and Surety Company of America (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of Fourteen Thousand Five Hundred and any "Claimant," as hereinafter defined, in the sum of 001100----------------------------- Dollars ($14,500.00 ), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 20 which is incorporated herein by reference in its entirety thereinafter referred to as the "CONTRACT"), for the construction of a project known as FY 11 Road Reconstruction and Resurfacing, (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect, 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be unpaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brou41it within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this I day of Mug , 20—LL. (Blount Construction Company, Inc.) By: _—r0, e,44 94 -- dr llilllf711 Title' !'o; eco Aln57er' ,,,.• ��cTrnN tia 5 ttest� :o V�RP r Title: '� •' 794 Z- Date: !/w //I Travelers Casualty and Surety Company of America (Name of Contractor's Surety) Attest: Date: 10/24/2011 Title:Caniel Yates, Attorney-in-fact (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) �yy rTRAVEL E RS.-.) POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attomey-In-Fact No. 222641 Surety Bond No. or Project Principal: Blount Construction Company, Inc. Descri ption :10 5 61517S Obligee: The City of Milton KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the Skate of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes, Brian K. Hughes, (Caren A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Tamara Hendrix, Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, and Dana D. Rutledge of the City of Atlanta, State of Georgia, their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 14th day of October, 2011. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut By: City of Hartford ss. George wC:?homP'Son, %er v�President On this the lath day of October, 2011, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behal F of the corporations by himself as a du €y authorized officer. In Witness Whereof, I hereunto set my hand and official seal. 6.str My Commission expires the 30th day of June, 2016. _ �WX-� o duo r Marie C. Tetreault, Notary Public PAYMENT BOND Band No. 105615175 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company Inc.(as Travelers Casualty and Surety CONTRACTOR, hereinafter referred to as the "Principal"), and Company of America (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of an "Claimant," as hereinafter defined, in the suin of Fourteen Thousand Five Hundred and ❑01100 Dailars-------- Dollars ($14,500.00 ), lawful money of the United themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as FYI I Road Reconstruction, and Resurfacing, (hereinafter referred to as "the PROJECT") NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this I day of No '20 /f . (Blount Construction Company, Inc.) By:1•.11?rzt Title: ra ice. (SE ti• �R 9N�,`'�,. jC3, �FtP{7R4 .0, SEAL (Signatures Continued on Next Page) =C)�d.- 1945,.: FiG��' at'`��• 118111111010 Attest: Attest: Date: 10/24/2011 Travelers Casualty and Surety Company of America (Name of Contractor's Surety) Title: Daniel Yates, Attorney-in-fact(SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) TRAVELERS ) POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In -Fact No. 222641 Surety Bond into. or Project Principal: Blount Construction Company, Inc. Descri ptfon:105615175 Obligee: The City of Milton KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes, Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Tamara Hendrix, Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, and Dana D. Rutledge of the City of Atlanta, State of Georgia, their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 14th day of October, 2011. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Coe W. � *Y �aL ��.4Ry ' aEt'� �. �,�. �'�a r,. �3 C �[ ��.SEALgSt: a6S'i A �i A1N State of Connecticut City of Hartford ss_ Ge a W. ompson, or vice President On this the 14th day of October, 2011, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, In Witness Whereof, I hereunto set my hand and official seal. 4.rlr My Commission expires the 30th day of June, 2016.E C �� *u° Marie C. Tetreault, Notary Public City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: November 15, 2011 for the December 5, 2011 Council meeting Agenda Item: Approval of an Amendment to the Existing Contract between Hames Residential Properties, LLC (DBA Direct Build) and the City of Milton for Repairs to the Hopewell House. Background: This project is an amendment to an existing agreement with Hames Residential Properties for repairs to the Hopewell house. Discussion: This addendum is for additional services required in the repairs of the Hopewell House. The additional repairs cover the following services: 1. In replacing some of the siding around the upstairs windows the windows were also found to be rotting and need to be replaced, 2. In replacing the rear window in the sunroom the existing header did not extend all the way to the studs which caused to original window to break. The deficient header needs to be removed and replaced. At the same time it was found that there was a gap between the facia board and the roof panels on the exterior of the house that allowed water to penetrate the house. Additional flashing will be installed to address that issue. 3. In replacing a section of the siding the sheathing was too rotted to reattach the siding so that section of sheathing needs to be replaced. Staff is recommending approval of the addendum to the contract in the amount of $2,915.43 Legal Review: Amendment #1 – Paul Higbee, Jarrard & Davis on 11/3/2011 Attachments: 1. Amendment #1 1 ADDENDUM #1 FOR CONSTRUCTION SERVICES AGREEMENT Hopewell House Repairs WHEREAS, the City of Milton, Georgia and Hames Residential Properties, LLC (DBA Direct Build). have entered into a Construction Services Agreement (the “Agreement”) dated September 26th, 2011, incorporated herein by reference, for general exterior restoration work at 15690 Hopewell Road; and WHEREAS, the parties desire to issue an addendum pursuant to Section 4 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Exhibit A to the Agreement is amended by adding the following additional items to the scope of services: a. Install three (3) new window sashes; b. Remove existing header and install new 3-2”x6” header over window in rear sunroom; c. Repair siding and cornice and drywall in closet area and paint interior wall; d. Remove and replace 20 lf of exterior gutter; e. Install L flashing of sufficient length to prevent intrusion of water under the metal roof panels; f. Repair drywall and paint affected area; g. Replaced siding and rotted sheathing under the siding in the area adjacent to the side porch. 2. Section 5.0 Compensation and Method of Payment; Compensation of the Agreement is amended by replacing “…$8,742.83…” with “…$11,658.26…” 3. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 2 Hames Residential Properties, LLC.: Signature: __________________________________ Printed Name: _______________________________ Title: _____________________, Member/Manager SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: November 15, 2011 for December 5, 2011 Council Meeting Agenda Item: Approval of a Task Order with Stantec Consulting Services, Inc. for Subsurface Utility Engineering Septic Tank Location for Arnold Mill Road at New Providence Road Intersection. Background: Stantec, formerly Street Smarts, was selected as one of our on call planning and engineering consultants and they were approved by Mayor and Council on October 20, 2008. Stantec was selected for this task as the most qualified, already bid, on call consultant for this project. Discussion: The work to be completed under this Agreement (the “Work”) is referenced in the Contract. Individual project work will be defined by task orders. This task order is subject to the terms and conditions of the Street Smarts - City master agreement dated November 12, 2008 and shall serve as authorization by the City of Milton to (“Consultant”) to perform the services described therein. The task order is to provide horizontal location of buried septic system at the City of Milton Arnold Mill Road Fire Station site in the area of the intersection improvements proposed at Arnold Mill Road and New Providence Road. This task is part of the intersection improvement project. The budget for this work will be from Capital Grant Fund (GDOT HPP Funds) and 80% is reimbursable from Federal Funds through GDOT. Legal Review: Stantec Task Order 11-SSI-02 – Paul Higbee, Jarrard & Davis on 11/15/11 Attachments: 1. Task Order 11-SSI-02 1 City of Milton IA5 PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. DATED TASK ORDER 11 -SSI -02 SUBSURFACE UTILITY ENGINEERING LOCATE FOR ARNOLD MILL ROAD AT NEW PROVIDENCE ROAD INTERSECTION This TASK ORDER between the parties is entered into pursuant to the above referenced AGREEMENT (RFQ 908-001), incorporated herein by reference, and shall serve as authorization by the City of Milton to Street Smarts, Inc., now Stantec Consulting Services, Inc. (referred to herein alternately as "Consultant" and "Stantec") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the AGREEMENT (RFQ 908-001). Now therefore, the parties agree as follows: Description of PROJECT: The PROJECT consists of additional subsurface utility engineering septic system locate for intersection improvements to SR 140 Arnold Mill Rd. @ CR 27 New Providence Rd. in North Fulton County, G.M.D. 121. Description of WORK: The subsurface utility engineering services will be provided according to the attached November 3, 2011 letter and scope from Stantec Duluth's Subsurface Utility Engineering Group to Ms. Kari Ward (Stantec). The references in the letter to septic tank shall refer to the entire septic system for the referenced site. Design Specifications and Guidelines The CONSULTANT shall coordinate the proposed services with any proposed construction plans and within the project limits. This TASK ORDER is subject to the terms and conditions of the original AGREEMENT (RFQ 908-001) entered between the parties. General Scope of Service: The WORK under this TASK ORDER is to be commenced upon CONSULTANT'S receipt from the City of a written "Notice to Proceed" (NTP) for each phase. The WORK will be completed within 1 month after Notice to Proceed. The CONSULTANT shall prepare a schedule showing milestone completion dates based on completing the WORK within 1 month (hereinafter referred to as the "Schedule for Completion"), excluding City review time. The Schedule for Completion will be revised to reflect the actual NTP date and will be updated as required throughout the project's duration. Every 30 days commencing with the execution of this TASK ORDER, the CONSULTANT shall submit to the City a written report which shall include, but not be limited to, a narrative describing actual work accomplished during the reporting period, a description of problem areas, current and anticipated delaying factors and their impact, explanations of corrective actions taken or planned, and any newly planned activities or changes in sequence (hereinafter referred to as "Narrative Report"). No invoice for payment shall be submitted and no payment whatsoever will be made to the CONSULTANT until the Schedule for Completion, and the completion of Narrative Reports are updated and submitted to the City. In no event shall payment be made by the City to the CONSULTANT more often than once every 30 days. The CONSULTANT shall coordinate and attend periodic meetings with the CITY regarding the status of the TASK ORDER. The CONSULTANT shall submit to the City transmittals of all correspondence, telephone conversations, and minutes of project meetings. The fee shall be paid as provided in the AGREEMENT; however, CONSULTANT agrees that fees are earned pursuant to the WORK performed, which in no event shall exceed the amount set forth in Attachment A. Attachments: Attachment A — Stantec Duluth's Subsurface Utility Engineering Group Scope of Services dated November 3, 2011 CITY OF MILTON: CONSULTANT: By: _ Title: Name: Date: By: _ Title: Name: Date: Stantec Consulting Services Inc. 3160 Main Street, Suite 100 Duluth, GA 30096 Tel: (770) 813-0882 Fax: (770) 813-0688 November 3, 2011 Ms. Kari Ward, P.E. Project Manager Stantec Consulting Services 3160 Main Street, Suite 100 Duluth, GA 30096 Re: City of Milton Septic Tank Location at Arnold Mill Road. Ms. Ward, Stantec Duluth’s Subsurface Utility Engineering Group is pleased to provide the following proposal for location services at the above referenced project. Stantec will attempt to provide horizontal location of a buried septic tank within the project limits for the referenced site. DESCRIPTION OF SERVICES: Electromagnetic induction is a method in which a transmitter signal is applied by directly coupling to a target. As long as the target is metallic, a receiver is used to detect the transmitted signal. Passive detection is another technique used to locate naturally occurring magnetic fields that exist on power cables generating a 50/60 Hz signal. Additionally, passive VLF signals can be detected on other metallic utilities that are typically long in length and are well grounded electrically. Incorporated herein: Locating underground facilities is not an exact science. Therefore, Stantec expresses no guarantees that using one or any of the available technologies for identifying structures /utilities will identify all utilities/structures and/or meet the objective of each individual project. “The Client” must understand that limitations within the available technology, the complexity of site conditions and circumstances beyond the control of Stantec may limit the performance/results of the Stantec’ services. The services provided by Stantec shall be performed in accordance with generally accepted professional practices as related to the nature of services performed. Stantec cannot guarantee that all utilities within any given survey area will be identified as a result of inherent limitations within the technology and existing sit e conditions. Hand digging is required in all situations when excavating within 24” of Stantec’s markings. CONDITIONS: Exposing underground facilities for design/pre-excavation: Utility locations are being provided in an attempt to prevent or reduce the likelihood of damage during excavation. Areas to be surveyed with GPR must be level and free of obstructions. Results are dependent upon field conditions at the time of locating services. Stantec inability to complete the project due to conditions outside Stantec control does not void this contract. If Stantec reviews its discoveries with others responsible for data collection, a copy of the drawing is to be made available for Stantec to review for depiction accuracy. APWA standards are used for marking. Stantec is not responsible for, moved, altered, obliterated or maintaining marks. Stantec will impose an additional fee to relocate/remark facilities. Prior to excavation, customer is responsible for securing locations of public utilities through the appropriate State one call service. ELECTROMAGNETIC FIELD SURVEY Perform/verify horizontal designations of existing utilities using GPR and EM. Conduct utility designations along prescribed grid November 3, 2011 Page 2 of 2 Reference: City of Milton Septic Tank Location at Arnold Mill Road Interpret field data and perform limited in-field digital processing if necessary Mark selected targets on the ground surface as necessary. COST ESTIMATE: QL-B Investigation Locating $ 1086.90 Stantec will mark and survey the existing sanitary sewer line and attempt to locate the septic tank in the area in front of the City of Milton’s Fire Station at the intersection of Arnold Mill Road and New Providence Road. It is estimated that it will take a two man field crew approximately a 10 hour/day to complete this task. SUE Project Manager at $108.69 x 10 hours. Deliverable Stantec will provide a CADD file in Microstation, Version 7 format, showing the horizontal location of the field surveyed underground septic tank, per GDOT SUE line styles and symbology, for the area described above. Thank you for allowing us to present this proposal. Should you have any questions please contact me at: Int+1-(770) 813-0882. Sincerely, STANTEC CONSULTING SERVICES INC. Aidan Deegan, PLS SUE Department City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 [Minor subdivision plat approval memo - Nov 18 2011] To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: November 21, 2011 for Submission onto the December 5, 2011 City Council Meeting – Consent Agenda Agenda Item: Approval of Subdivision Plats CMO (City Manager’s Office) Recommendation: To approve the subdivision related plats and revisions stated below Background: The Milton Subdivision Regulations requires that the Mayor and City Council approve all Final Plats, Final Plat Re-recording, Revisions, and Minor Plats once the matter has been reviewed and certified by the Community Development Director in according with the Subdivision Regulations. Discussion: The following Final Plats, Final Plat Re -recording, Revisions, and Minor Plats have been reviewed and certified by the Community Development Director in accordance with the City’s Subdivision Regulations: Name of Development Action Comments Braeburn I Revision Change Address from 12230 to 12220 Braeburn I Revision Add Building 60 and 70 Braeburn II Revision Revise Property Lines on Lots 2,3,5 and Common Area 4 Milton Preserve Final Plat Create 39 Lots Farrow Estates Minor Plat Divide One Lot into Three Wood Valley Estates Revision Revise Lot Lines on Lot 11 and 11A Crooked Creek Amenity Area Revision Revise Right of Way for Road Improvements The Shops @Windward Village Revision Revise Lot Lines on Tract A and D City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 [Minor subdivision plat approval memo - Nov 18 2011] Concurrent Review: Chris Lagerbloom, City Manager All OR x> apc�Fa&;,, h � a 21� � � ��pRc �y��y S3 a aF5 dyyyys i � p3ayE abs � 3 i tia p x 'F gsY m�a� $atns it �`� y fob Y$ 600a zr kYY1W d I cre —sar f rJ selof dry. +�cccur� N JS4 `J ;uN110.7 hL t71? N0V71H --10 A147 Lams "*,.I ca': N:1U035 Pue 231&310 PUT = ^ --- Mt V Mi 51077 Oft VO07 j m................ H /UNV7 (9,50"m ZOyjc i gi NOR i All OR x> apc�Fa&;,, h � a 21� � � ��pRc �y��y S3 a aF5 dyyyys i � p3ayE abs � 3 i tia p x 'F gsY m�a� $atns it �`� y fob Y$ 1 g� i gi NOR All OR x> apc�Fa&;,, h � a 21� � � ��pRc �y��y S3 a aF5 dyyyys i � p3ayE abs � 3 i tia p x 'F gsY m�a� $atns it �`� y fob Y$ I i gi NOR i h I xNil h % u 12 N !EE€! o f saaz Xr A&vnaav JI 0181-5�f (Lc% VID&O W s;.iilWD AVW WU 81:OF D�bd p.;t9 iti']1N4'J ! Pr a71K _�J' a aces r,^✓' 00.7, It = j;M •F 8601 cUo" GwV7m € � il�� 12[IlS tiI L2i�' { Oftll,i qo!jjo o/-Y/;c,�iawwo�) pan Q z s5 I'as s "I vkit _'" "r -N t ANIMM Eg�ags ,a 'ff L -^1a 1 � s 3 a r n�•R : @ s 3 gg 1 �5 Flit 6�= � �c_2 E° � � � 8-`- 6g a .3 g ,=55_c ge==�a=7_ m9E___¢„ �a� � e� � - 2 � � ; � -S'8s B€a�s'� � � �F5§§ µ If �s &x."i ., a�r� �_� .� =i�'Ysc�' ��%•?dada ��aSa EE a a� 9�3�g �� � §�s° FAY&�� x��$o� 73 w ���$a S���s �ag� Sd :_�*'= a� se-"�5��--•�1�. -jx s $ _ a-E'�-��qqw �gq.g g� g 3r5 _- ��a•g= P=von',; ?$.p� Aga 3 r 'a -Eat $e i`-#�'�`jiI tisIES 6S%€z�..€s _[ i �Ail„ ig MI INV ONe_ .18J��"$(P'• pppg�y@g - $ �� ri 25 � ��ry��i�b��n s��e �•e� 4`. � 8'��` SSS �i� �P7 � €��i5� W 141. IN- 42 gg�g yvy aw of P=.G _e - - &• ; p• ...rya22 '`` _�ac !� E �. 8� `�3�e pe$= `� s� sY aa�g ;=a�$`,a a5��➢ a i.a� °s- ���� .5�.a a.� `a s��E �s Eqg �aE .i� �'• sa°.�'- p� a.` "s� •E'41 da�pp 8=. -1 ea EE � Pe .Eyp a'g F,', =-s v ° u [ ' i. ggds. p;g E•a - F 1 Jim ass" iia €� ,Ig 5i?Q F iF k§gg yy sr'## B ES g sa E.�'. i x 3� y .^. =!7 � �"•iC �R gam+ gg -j rYp 9 d '1��2r ��F$� �� 'L�',�,C..��-k 3,'�L.�. ill sP aux$ I Se yg �EFeEgs RAI IN14.- ia' s- a $a OR P� � _ gg19 � HU e jti asp: Y 3�����K aINE HI Ii YY vg �:a 3- i� IMM x.@ -<<s Y���� gg;.5 5 c Y3'1 g d g•3 Y.r > t�d= g§a ��-�a 8 'Y€. a�1�! d Fa nit _ ff _— Wow -70 kmnoo Nat 7ni ssror VObV2q Woc,vv.) AU iff X wo a 13xes N Vdaasl j PSLILX35 PAZ 1�1�LL511] PvZ- tiF ? SY'ti F 9601 5107 ONO 0.�1 �J7 � ,.)��IIYLaM 1S 1 �,TojHv$� 05011M QOVJO O/)ffo 1n�ara 7uaa�1 j �0 I V7d 7VNld � f�nnz .�53x r�} reeaoxr eNr� s uj l b n 1 JI i {+tMH 14'9'fiMH 'yo lYl3ipllfi} 177 aeaR?reyY21 "r Siry 8 I c ff 1 � d nL i^ _i i s IS 9ii M„i� ii:7Q5 nE �f P3 k 3 � ff� �3gn uglis i i t !f .h Iy�y� 4 Al 1 1 �I 1 41 3 §I _I i vl 3 {+tMH 14'9'fiMH 'yo lYl3ipllfi} 177 aeaR?reyY21 "r Siry 8 I 7f.0171V sh �ry o'rr"1 ,r n A. ni o Al Ai ff 1 � d nL i^ �w i r 3 i IS 9ii M„i� ii:7Q5 nE �f P3 k 7f.0171V sh �ry o'rr"1 ,r n A. ni o Al Ai / I I / / t ,h / 1 ff 1 nL i^ � H k 3 � ff� �3gn uglis !f / I I / / t ,h / 1 nL rgi,� VIJ103� ruNf10.7 /J017Rj' 51[C5' Y.':'8�J3`J T.171Nb'7� # :w.��Ws.sr:rd a7ss ? AK3IL0�5" PUZ' 1.71a-ISIO Pad 'Jb n�W -P -9601,5-107 GMV7 C -;U V--107 �--•'���� � .. (a5rl1� �?5�lG' /�I%o �ni�aaiuwo% .. j -�O I V7d 7VN/Y Vl � f i•r �w ........... [jd - � I 4 � 7 ' —jam ��..��� pmt �-.Q. f • `• EMF 'aJ .� d R e Rod W, --rr7 �w• k E Cy f oPZ x� !!I µ f ry ✓� z i � � S �F cciiW r T o ��w 3 � 2 I. ^ll'"j,F is --rr7 7wss a � �w• k E f 4 �A x� !!I µ f ry ✓� i � � S �F cciiW r T o ��w 3 � 2 I. ^ll'"j,F is ;3 f 3 �9 n f 7wss a � �w• k f4 !J f 4 �A x� !!I µ f ry ✓� i � � S �F cciiW T o ��w 3 � GENERAL NOTES— THE FIELD DA TA UPON PWICH THIS PLA T IS BASED HAS AN ANGULAR ERROR OF 3 SECONDS PER ANGLE POINT AND A PRECISION RATIO OF 1 iN 19,52Z IT HAS BEEN ADJUSTED USiNG THE COMPASS RULE. EQUIPMENT USED TO OBTAIN THESE MEASUREMENTS WAS A TOPCON GTS --235 THE DATA SHOWN ON THiS PLAT HAS A CLOSURE PRECISION RA 770 OF 1 IN 329, 5,3'3. ALL I.1? 's ARE 1/2" REBARS. (UNLESS NOTED) BEARINGS ARE BASED ON THE GEORGIA STA TE PLANE CgORDINA TF SYSTEM. This plot Is approved with the understanding that easement Is granted the City of Milton along all road frontage for ,the purpose of sloping cuts and fills as follows: 0' to 5' --not less than 3 to 1 slope 5' to 10' -not less than 2 to 1 slope City of Milton and Fulton County personnel and/or agents shall have free and total access to and across all easements. The overall property consists of tax parcel numbers 22 400010970016, 22 400010980049, 22 400111350027, and 22 400111350282. ' Alf ponds, storm drains, and common areas (Including landscape Islands along McForlln Lane) to be maintolned by the Braeburn Neighborhood Association, inc, and/or the Braeburn Office Village Association, inc. S1 7E DA rA. TOTAL EXIS77NG AREA......................4.911 ACRES (INCL. RW) CURRENT ZONING:................................COMMERCIAL TOTAL COMMERCIAL UNIIS ....................................................10 p E'Z.00D HAZARD- 7he intermediate Regional Flood (4R.F.) areas shown herein were determined by the Professional Engineer whose stamp and signature are affixed hereto. The City of Milton does not,, by approving this plot, warrant their accuracy, and does not Imply that land outside the areas of flood hazard shown will be free from flooding or flood damage. Further, the City of Milton does not by opproving this plot nor occept/ng the public improvements therein, assume maintenance of the flood carrying capacity of the flood area or wortercourses. Maintenance shall remain the responsibility of the owner(s) of the land upon which they exist. The owner of a lot or parcel that contains a flood hazard area Is required to submit o site plan to the City of Milton prior to the initiation -of any improvements to the lot or parcel, The site plan shall Mclude the location and elevation of the I.R.F. within the lot or parcel and the existing and proposed improvements. Approval of the site plan by the City of Milton Is required prior to the Issuance of a building permit, DRAiNAGE— The owner of record on behalf of himself (Itself) and all successors in interest, specifically releases the City of Milton from any and ail !lability and responsibility for flooding or erosion from storm drains of from flooding from high water of natural creeks, river, or drainage features. A drainage easement is hereby established for the sole purpose of providing for the emergency protection of the free flow of surface waters along all woMrcourses as estabi£shed byy these Regulations and the Director of the Department of Public Works, Said Director may conduct emergency maintenance operations within this easement where emergency conditions exist, Emergency maintenance sho# be the removal of trees and other debris, excavotlon,, filling and the like, necessary to remedy a condition, which In the �dgment of the, staff and Director, Is potentially Injurious to life, property, or the public road or utility system. Such emergency maintenance conducted for the common good shall not be construed as constituting a continuing maintenance obligation on the part of the City of Milton nor abrogation of the City of Milton' right to seek relmturserhent for expenses from the owner(s) of the propertlies) or the lands that generated the conditions. FUL rON CWNTY DEPAR7MENT OF HEAL 7H AND KUNM — ,ENWRaVUENTAL HEALTH ,SERV1= THIS DEVELOPMENT iS APPROVED PROVIDED 7HE FOLLOWING `REQUIRED IMPROVEMENTS ARE IN COMPLIANCE WiTH THE FULTON COUNTY CODE OF ORDINANCES, CHAPTER 34, AR77CLE" IV, DRINKING WATER AND AR77CLE Xl, SEWAGE DISPOSAL, _WA TER SUPPL Y SEWAGE DISPOSAL (PUBLIC WA TER SUPPLY NrPUBLIC SAN1 TARY Fa/104 C',o40171, SEWERAGE SYSTEM l=urA�n �C"eun ❑ INDIVIDUAL ONS17F ❑ IND114DUAL ONSITE WATER SUPPLY(IES) SEWAGE MANAGEMENT SYSTEM(S) COND1770NS .OF APPROVAL COND177ONS OF APPROVAL [K TME "A" (TYPE "A" ❑ TYPE "C" ❑ TYPE "B" ❑ TYPE "B" ❑ TYPE "D" 411dollal? '? �1� V, �, � i DATE FULTON COUNAY DEPARTMENT OF HEAL TN AND WELLNESS I i REVISION DA 7E" FUL TON COUNTY DEPARTMENT OF HEAL TTI ANO WELLNESS CER IMA 7E" AS TO RECORDING - This is to certify that this plot has been recorded In Plot Book Page - of Fulton County Recorded on 20 - Clerk, Superior Court Fulton County, Georgia IT IS HEREBY CER77FIED THAT THIS PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN AC7UAL SURVEY OF THE PROPERTY BY ME OR UNDER MY SUPERVISION; THAT ALL MONUMENTS SHOWN THEREON ACTUALLY EXIST OR MARKED AS FUTURE" AND WILL BE PLACED DURING CONSTRUCTION OF THE IMPROVEMENTS SHOWN ON THIS PLAT, AND THEIR LOCATION, SIZE, TYPE, AND MATFRRIAL ARE CORREC7L Y SHOWN. REG157ERED GEORGIA LAND SURVEYOR SURVEY NO. DATE. THIS PLAT iS SUBJECT TO THOSE CERTAIN DECLARA77ON OF PROTECTIVE COVENANTS AND EASEMENTS FOR BRAEBURN OFFICE VILLAGE TO BE RECORDED SIMUL TANEOUSL Y W TH THIS PLAT £N DEED BOOK PAGE - FUL TON COUNTY, GEORGIA LAND RECORDS. OWNER/bE•VELOPER. JOHN WELAND HOMES AND NEIGHBORHOODS 1950 SULLIVAN ROAD ATLANTA, GA. 30337 (770) 996--2400 CONTACT., JASON GARRETT ETi1GINE�7?• CREA71VE CONSULTING, LLC CONSUL 77NG ENGINEERS 597 WEST CROSSVILLE ROAD, SU17E 200 ROSWELL, GEORGIA 30075 (770) 594-0246 CONTACT: MARK CISNEROS LAND SURWYM. DAVID BARTON BARTON SURVEKNG, INC. 1500 PALM ST CANTON, GA 30115 770--345-2810 CONTACT: DAVID BARTON Plats 345 Pg 5 Filed and Recorded Fink -23-2_009 AQ-3iara 2.0 CI I _... 0 0 G J 0 4 am-, C,athe ene Robinson Clo-rk of Su,Qerior° Court Rilton County, Geur ria Plats 357 Pg 84 Filed and Recorded Cct-05-2011 01:44pn 2011-0243364 C the erre Robinson Clerk of Superior Court Fulton County, Georgia REWSTON No. 1 SEPTEMBER 23, 2011: THE PURPOSE OF THiS REVISION IS TO ADD BUILDINGS 3O AND 70. RECORDED IN PLAT BOOK_., PAGE _ SUPERCEDES PLAT BOOK 345 PAGE 55 FINAL PLAT APPROVAL THE DIRECTOR OF THE COMMUNITY 0EVELOPMENT DEPARTMENT OF THE CiTY OF MILTON, GEORGIA, CER77FIES THAT THIS PLAT COMPLIES WITH THE CITY OF MILTON ZONING ORDINANCES, COND177ONS OF ZONING AND THE Cl TY OF MIL TON SUBDIVISION REGULA 77ONS AS AMENDED. A n,4C=��'A 10 /1-/ /11 DIRECT R, DA TF COMMUNITY DEVELOPMENT DEPARTMENT ACCORDING TO INE FI.R M. OF FUL TON COUNTY PANEL NUMBERS 13121CO054E, 13121C0052E, 1312C0051E, AND 131200053F, DATED JUNE 22, 1996 P#3 PROPERTY iS NOT LOCATED IN A 100 YEAR FLOOD HAZARD AREA. HOWEVER, A POR77ON OF THE PROPERTY IS IN A 500 YEAR FL 000 HAZARD AREA. FLOOD PLAiN INDERNiFICA7 ON: DB , PG ... OWER'S ACKNOKEDWEMr. STATE' OF GE"A LCYTY OF MIL 700 - The owner of record of the land shown on this plot and whose name Is subscribed thereto In person or through a duly authorized agent, hereby acknowledges that this plat was made from on actual survey, and dedicates to Fulton County the complete ownership and use of all water and sewer Improvements constructed or to be contracted in accordance with this plot, and dedicates to the use of the public forever the following: Public Streets Public Sewer Easements Public Drainage Easements a J7 acres 01.42 acres O. DO acres Public Access/Pedestrion Eosemenfs Typed Name of Subdivider Typed name of Owner of Record m4 Sign t f Subdivider C11_141EfO,&nr of Record DA/ ,/,) 0c) 4/;22/09 D t Date The Director of the Community Development Department of The City of Milton, Georgia, certifies that this plat compiles with the City of Milton Zoning Ordinances, Condltio f Zoning, and the City of Milton Subgvls£on egui tions as amended. Director, Date Department of Community Development PLEASE NOTE" THAT A CER 77RCA7r OF OCCUPANCY HOLD MAY BE PLACED ON YOUR BUILDING PERMIT TO VERIFY 7HAT YOU HAVE COMPLIED WITH YOUR SUBMIMP SITE PLAN. A SI7F INSPEC77ON MAY BE REWIRED. S1 TE PLAN IS REQUIRED SHOWING BUILDING AND DRI VEWA Y L OCA 77ON W? 7H DH -A DIMENSIONS OF THE LOT. SHOW ALL STRUCTURES, SETBACKS, EASEMENTS, SPECIMEN TREES, BUFFERS, AND PUBLIC 1NFRAS77?UC7URE. SITE PLAN REQUIRED SHOWING EXIS77NG AND PROPOSED CONTOUR GRADES, DH- ,EROSION CONTROL MEASURES, 17EMS IN "A" ABOVE A REGISTERED LICENSED PROFESSIONAL ENGINEER, LICENSED LANDSCAPE ARCHITECT OR REGISTERED SURVEYOR MUST SIGN SEAL THE PLANS. i SITE PLAN iS REQUIRED SHOWING MINIMUM FINISHED FLOOR ELEVATION, I,R.F; EEO ELEVA77ON AND CONTOUR LINE, 25 AND 100 YEAR ELEVATIONS OF THE DETEN 77ON FACILITY, TOP OF BANK FOR STREAMS, DRAINAGE DITCH AND 17FMS FOR DH -A HOLDS AS STATED ABOVE. A FINAL ELEVATION CERTIFICATE MUST BE COMPLETED BY THE PROPERTY OWNER OR REPRESENTA77VE AND SUBMITTED TO THE COUNTY BUILDING PERMIT DIWSION AT 7NE TIME THE LOWEST FLOOR/F/iRST FLOOR (REFERENCE LEVEL) IS ESTABLISHED, PRIOR TO FURTHER CONS7RUC77ON OF THE BUILDING. ONLY THE DIREC70R, OR THE SPECIFIC APPOINTEE REPRESEN77NG THE DIRECTOR, DH -D MAY RELEASE THiS TYPE OF HOLD. A DH -D HOLD IS A GENERAL HOLD FOR A SPECIFIC PURPOSE NOT PREVIOUSLY COVERED. DH --T TREE HOLD (ARBORIST HOLD) WHEREAS, proper noliev of this ameridmcnt bas been published once a week for two weeks in the newspaper in which the Sheriffs advertisements are published, which notice stated the nature of the proposed change and the date, hour and place at which the Board of Commissioners ofFulton County would holt] a public hearing on said tuneneEntent, said notice having; been published on the following dates: 06119!06; r 4VHERI.AS, raiirl larnpt?sed amendment wassubmitted to the planning Commission, and said Planning Commission has held a public hearing thereon, and has made its recommendation to the Board of Commissioners of Fulton County; NOW, THEREFORE, BE 1T RESOLVED that the 1955 Zoning Resolution adopted by the Board of -Commissioners of Fulton County on March 11, 1955, and recorded in Minute Book W-1, pages 190 continuous of the Minutes of the Board of Commissioners of Fulton County, arid hcrcii,fore amended, be and the same is hereby further amended as follows: CONDiTIONS: PER PLANNING STAFFS MEMORANDUM RECEIVED 07/27/06 PETITION No, 20052-0117 NFC 200SVC-0224 NFC AI;FFRNATE CONDITIONS If this petition is approved by the Board of Commissioners, it should be approved MIX (Mixed 1.1se) CONDITIONAL subject to the owner's agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless spceifically stipulated by the Board of Commissioners. I. To the owner's ag reeithent to restrict the use of the subject property as follows: i a. Retail, smicc commercial and/or office and accessory uses, including all exterior food and beverage scrvice aim, at a maximum density.ol`62033 40.28 gross square feet per acre zoned or a total of 3P,000 2,532 square feet, of svlaislra tnirtithhunt 1 S td00 squs re feet#reE1 he d®velepad us otftee arse; whichever is less, but excluding dayeare, convenience stores with gas pumps; freestanding feast food restaurants; businesses with Arive-through service; commercial amusements; pawn shops; check cashing businesses; billiards or pool halls; designated recycling collection stations; used car lots; self soiree laundry facilities; arcades, amusemcahts, galleries or game rooms; outdoor vending machines, kiosks or other standS' except ATM machines; dry cleaning, plant or dry cleaning establishments; sale, lease or rental of motorized velhicles or trailers; tartan or body piercing parlors; adult theme bookstores, video stores, movie theatres, anrl/or establishments offering the sale or rental of related machines, tapes, discs, REGULAR MEET"""ING, JULY $, 2t106 51 having a drainage area of fifty acres or more. The critical capacity points shall be selected based upon the engineer's field observation, professional judgment, and limited field survey data. The analysis shall identify the downstream properties pre and post -development 100 -year water surface elevations, and for any post -development water surface elevation increase exceeding 0.05 feet, the developer shall acquire the applicable ol3sitc drainage casement to accommodate the 100 -year storm flow through impacted properties. Where Fulton County has completed a model of the basin, it shall be used by the developer in the analysts. c. NV`hcm storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at res point, such that the discharge front the storm water management facility outlet crosses a property line, such discharge shall mimic pre -development sheet flow conditions. A description of the mediad proposed to achieve post -development sheet flow conditions shall be providLd as part of the Storm Water Concept Plan. Should the method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a point down gradient at a live dry weather stream sufficient to contain the 25 year storm flow or other location as approved by the Director of Public Works. This condition wilt not apply when the storm water management facility is designed and approved to discharge directly. to a stream or walcrc:oursc. f. A dmlt of time Inspection and Maintenance Agreement required by ]Fulton County Code Section 26-278 shall be submitted to the Department of Public, Works. with the Storm Water Concept Plan. g. The Inspection and Maintenance Agreement shall provide, that all storm water management/detention facility outlet control structures shall be inspected, photographed, and cleaned,' if necessary, on a monthly basis, by tike owner. The Inspection and Mainrcnance Agreement shall require that the design engineer shall prepare an operation and maintenance guidance document, for use by the owner and/or any professionals retained by!the owner, to plainly dt uribe the basic operational function of 'the ' facility(ies), including a description of a permanent marker post(s) which shall indicate that the level of sediment which, if exceeded, requires sediment removal. The Inspection and Maintenance Agreement shall require an annual operation and maintenance report for,all storm water management/detention facilities he prepared by a licensed design professional and submitted to (he SWMP: The annual report shall include monthly inspections, photographs, and documentation of the cleaning of stoim water manat3enhent/detention facilities outlet control stri cture(s) as well ars an operational assessment of the facilities indicating that they do, or do not, function as described in the design guidance document books, tow,azines and novelty items; chuck cashing establishments; liquor stores excluding evine shops; massage parlors or spas; bars, lounges or 11 other establishments whose principal business is the sale of alcoholic bevcragcs; and night clubs or similar es€ablishmen€s, including those offering strip tease or nudity as entertainment. h' ®fticclinstimtior tit and itcccss uses ory at at maziinum dense of .580-06 fly, square'.fect of gross floor area per.acre zoned or a fatal gross floor arch Of 36,468 square' feet, whichever is fess, but excluding hotels and daycare: ia-c Limit the retail/office structures referenced its condition La. and I.b. to a footprint of 4,500 square feet. o; d: No more than 54 townhouses at a maximum density of 0.86 dwelling units per acre based on the total acreage zoned, whichever is less. d- C No more than 45 total single family residential emits al a maximum density of 0.72 dwelling units per acre based on the total acreage zoned, whichever is less, e: f,. The minimum lot size shall be 18,9110, except lots numbered 11-13 shall be a nlininhurrh of I acre, f, g Provide a minimum heated floor area of 1,700 for the townhouses and 2,000 square feet for the single family dwellings, 2. To the owner's agreement to abide by the fallowing: a. To the revised site plan receival by the Department of Environment and Community Devctopment on June 7, 2006*. Said she plan is conceptual only mid must meet or exceed the requirements of die Zoning Resolution and these Conditions prior to the approval of a land Disturbance Permit. The applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy, h. All recreational and common areas which may be held in common shall be accessible by streets, sidewalks, or trails and ilic common areas shall be maintained by a mandatory homeowners association, whose pmposcd documents of incorporation shall be submitted to the Director of the Department of Environment and Community Development for review and approval prior to the recording of the first final plata 3. To the owner's agreement to the following site development considerations: REGULAR MEETING, JULY 5, 2006 a. Tile 25 -foot buffer required by Article l2H(I SCA I shall not be part of tiny single family lot. b. Allow shared parking per Article 181.2. c. Delete the 75 -foot undisturbed buffer and t0 -foot improvement setback adjacent to AG -I (Agricultural) zoned property, (2005VC-0224 NFC, part 3) d. To increase the maximum building beight from 30 feet to 3S 33 feet. (2005VC-0224NFC, Part 1) C. To reduce the minimum side yard setback for singhi family residential lots from 1-5 feet to 5 feet with a "15 -foot building separation for lots 44,200 25,000 square feet end -larger or less. (2005VC-0224 NFC, Part 2) f Comply, with the Cirahapple strectsctipe'standards ufnng the.frontage: of Crabapple Road 4hd Birmt`ngliam Highway, ! FLc[ucate'thit amcmty aces 'tis shown'- on the ;site plan I reference([.` iia condition 2.1, internal to the single family _:subdivision sitbjtxt;tdi':1'11e approval; of"the Director of llic .Department oC the. Eayfronrrlcnr-m)ll community Development - 4, To the owner's agreement to abide by the following traffic requirements, dedications and improvements; :t Reserve for Fulton County along the necessary property frontage of tite following roadways, prior to tire approval of a Land Disturbance permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan, Ali building; setback lines shall be measured from the dedication but at no time shall a building be allowed inside tic area of reservation. All required landscape strips and buffiLm may straddle the reservation line so that the reservation line bisects the requited landscape strip or buffer. At a minimum, 10 feet of (lie required landscape strip or buffer shall be located outside the arca of reservation. All required tree plantings per Article 4.23 shalt be placed within the portion of the landscape strip or buffer that lies outside the area of reservation, 55 feet from centerline of Birmingham Highway (SR. 372) or as may he rcgi6red by the Georgia Department of"fransporlation. b. Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as hheccssary to provide (lie following; rights, -of -way, and dedicate at no cost to Fulton County such additional right-ofway as may be required to 521 REGULAR MEETING, JULY S, 2006 (described above), and if they do not, a description of the specific actions to be taken to allow the facilities to function as intended, ll. The required Inspection and Maintenance Agreement shalt he recorim with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit, or Building Permit associated with the development. i. The cngincer/developer is required to submit, along with the application for an LDP, signed documentation verifying approval of the Storni ]Vater Concept Plan. j. Where paved parking, areas (including access aisles) arc proposed to exceed 5,000 square feet, die storm water management facilities shall be designed to reduce pollutants such as oil, grease and other automobile fluids that may leak from vehicles. A general description, or concept, of rte storm water management facitilies proposed to achieve the removal of such pollutants shall be submitted with the Storm Water Concept Plan. A detailed design of such facilities shall be included in applicable documents for a land disturbance permit. L With the application for an LDP, provide documentation (such as channel cross-sections, centerline profile, etc.) describing the geometry of those existing natural strearim creeks, or draws within (lie propositi dcvalapmcnt boundary which in the design cnguiccr's judgment are at risk of erosion due to increased flow, provide a description of the basis utilized in judging; areas to be at risk, acid provide details on the Stout Water Managcment Plan of the post-devclopment channel bank protection meas=5e 1, The developer/crigincer shall demonstrate to the County by engineering analysis submitted with the LDP application, that the discharge mte and velocity of the rkarm water rtmoff resulting, from the development is restricted to seventy-five percent (75%) of fire pre-devclopment conditions for the 1 -year frequency storm evert, up to and including the ten (10) -year frequency storm event. M. Drainage from all disturbed areas shalt be collected and conveyed to a storm water management facility provided as part of the development. The Storm Witter Concept Plan shall identify any proposed areas with "incidental and minor release of storm water not conveyed to such facilities, subject to the approval of the Director of Public Works. Plans for any land disturbance permit shall show all proposed drainage patterns for the proposed development after its completion, Any incidental release oftinmanag;ed or untreated storm flows from tiny disturbed portion of the developed property shall be allowed only with tic approval of the Director ofPublic Works. Other than minimal incidental flows shalt be specifically Plats 357 FIg 85 53 approved by the Director of Public Works. Bypass flows will tint be permitted except from undisturbed areas widan a buffer or other protected easement. Final plans shall provide for collection, conveyance and treatment of all approved incidental flows from developed lots or parcels, individual residcnecs or building strmcture-. n. Storm water management facility(ics) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection, in accordance with tie Georgia State Storm water Manual, except that the duration of release for water quality treatment shall be 48 hours. o. Approval of this Zoning Case and/or associated Concept flan that depicts proposedconditions that are inconsistent with county design requirement,, and standards does not constitute a waiver of such requirements, unless specifically stipulated during the raining case Daring, by the Boards of Canimissioners, P. The developer/engineer is responsible to submit witlh the application far Land Disturbance Permit (LDP) a floodplain hydrology and ]hydraulic study. This floodplain study shall cslnblish the on-site pre -development 100 -year storm frequency Base Flood Elevation (BFE) of the pre - development floodplain. The LDP Storm Water Management Plan shall graphically depict the pre- development floodplain horizontal boundaries and show the BFE. q. The devctoper/builder at the Building Permit application, shall demonstrate to the County, that cath lot and/or building site with established 100 -year tire -development floodplain BFT:, complies with the County's floodplain lowest floor elevation requirement, prior to the inspection and approval of the structures foundation under construction. The FLMA Elevation Certificate shall be utilized to demonstrate that tlae lap of the strireture lowest floor complies with county requirements, r, llic dcvetoper/builder, at the Building; Permit application shall provide to the County a lot site grading plan that shows the BFE and graphically depicts the pre-cicvclopment 100 -year floodplain horizontal boundary, and proposed structure foundation location, including; lot's buildable area required by the County code, X. A sediment study on the downstream lake or permanent impoundment should be performed by the owner of tike proposed project The owner shall provide a copy of a sediment study oil the downstream take or a notarized letter from the owner staling that lie or she has attempted to perform a sediment study and has been refused permission to do so by the Jake owner. A copy of the study or notarizes] dcncr shall he provided to REGULAR MEETING, JULY 5, 2006 551 REGULAR MEETING, JULY 5, 2006 561 REGULAR NIEFTDNG, JULY 5, 2006 57 provide at least 1115 feet of right-of-way from the back of curb or nit abutting; road improvernew5, is well as allow the necessary construction easements while the rights-ofway are being improved: 30 fect from comerlin ,ofCrabapplc (toad; I_ 0 30 feet from centerline of BJmiingliant Highway ($R 372) or as may be In G rcquired by the Georgia Department of Transporta lion. 5, To rlie owner's agreement to abide by tire following: q ( 7 a. Prior to submitting the application for a (LDP) with the Department of � � � � '- Environment and Community Development, Development Review ktl t"i Division, arrange to meet with the Fulton County Traffic Engineer, A signed copy of the results of these meetings will he required to be I Q submitted along with the application for a Land Disturbance Permit. O h cf, b. Prior to submitting tic application for an LDP, arrange an on-site evaluation of existing specimen treeslstands, buffers, and tree protection zones within the property boundaries with the Fulton County Arborist A U signed copy of the results of these meetings will he required to be submitted along; with the applicutiun for an LDP. c. Prior to submitting the application for an LDP, the developer/engineer shall contact the Public Works Department, Water Services Division, and arr tl9c to meet on-site with no engineer from the Surface Water Management Program (SWMP), who is responsible for review of Storm Water Concept Plan submittals. d. Prior to submitting the application for an LDP, the developer and/or engineer shall submit to tate SWMP, through tate Development Review Division, a project Storm Water Concept Plan. This concept plan shall indicate the preliminary location of the stolen water management facilities intended to manage the quality and quantity of storm water. The concept plan shall specifically address tits existing downstream off-sito drainage conveyance system(s) that the proposed development surface runoff will impact, and the discharge path(s) from tike outlet of the storm water management facilities to the off-site drainage systcnh(s) and/or appropriate receiving waters, As part of the Storm Water Concept Plan submittal, a preliminary capacity analysis shall be performed by tire engineer on the Q� offsite drainage system(s) points of constrairiL The capacity analysis shall determine the capacity ofall existing constraint points, such as pipes, culverts, etc, from the point of storm water dischargc at the proposed J development site boundary downstream to the confluence of the receiving.*, •® J drainage course at a point where the drainage area is at least ten times tite Proposed development site area and the next downstream drainage area REGULAR MEETING, JULY s,zoaA 54 (� O 4 Qi Q) N oc -4 LZ W4 4b 0 Fullon County Department of Environment and Community Development before tie land disturbance permit is issued, 06-0717 PETITION # 2006Z 0047 FCN, MAYFIELD ROAD - APPLICATION OF 860 MAYFIELD ROAD, LLC.,, SEEKS TO REZONE FROM AN AG -1 (AGRICULTURAL.) AND A C-1 (COMMUNITY BUSINESS) TO AN MIX (MIXED USE) ZONING CLASSIFICATION (APPROVED) 06-0718 PETITION it 2006VC 0068 FCN, MAYFIELD ROAD - APPLICATION OF 860 MAYFIELD ROAD, LLC, SEEKS TO REZONE FROM AN AGI (AGRICULTURAL) AND A C-1 (COMMUNITY BUSINESS) TO AN MIX (MIXED USE) ZONING CLASSIFICATION (APPROVED) A motion was made by Commissioner Riley and seconded by Vice Chair Darnell to approve as recommended and conditioned by Staff. The motion carried by a vote of Commission Chair Handel, Vice Chair Darnell, and Commissioners Pitts, Riley, and Edwards voted yes. Commissioner Lowe did not vote. Commissioner Boxill was absent. Mark Massey, Clerk to the Commission - "Page 17. Two related cases. 06- 0717. Case No. 20062-0047. And 06-0718, Case No, 2006VC-0068, Mayfield Road, Staff." Mr. Randy Beek, Assistant Director, Environment and Community Development - "This is a request to rezone from A6-1 and C -I to MIX for a mixed-use development. The applicant is also requesting a concurrent variance to the Crabapple Crass Roads overlay District. The recommendation of the Community Zoning Board is approval of the zoning and of the concurrent variance. The recommendation of staff is approval of the zoning with a maximum of 2,600 -square feet of retail, 20 -thousand -800 -square feet of office, and six single-family dwellings and approval of the concurrent variance." Mr. Nathan V. Hendricks - "Madam Chair and members of the Board, Pete licndricks, 230 The Prada. I practice Jaw at 6085 Lake Forest Drive, Sanely Springs. This is a 5.47 -acre tract of land. It's located on tike northerly side of Mayfield Road, It presently is zoned to a combination of C-1 and AG -1. The applicant owns the entire piece of property. The applicant will he the developer of the property. And tire applicant will own the property after development, have some of it for office use, have some of it for rental. and then would sell off the six single-family lots proposed. The applicant, and I'm going to let the applicant get up in a second acid take you through tie full litany of all the engagement that's been done with the community. The Crabapple Alliance fully supports the application as fire applicant has it stated and requested in front of you, and that is for 17 -thousand -400 -square feet of retail, 6,000 -square feet of office, and six singic4 amily lots. The staff has recommended a total of 2,6011 -square feet of REGULAR MEETING, JULY S, 2006 58 N 0 1-56- AXLE fl -r . 1 (0. 16' N.) (u. If rND. 'E- (0. 04' N.) %1097, %0 IPF (0�04' E.) KENSINGTON FARMS 1-54- UNIT ONE (L.L: ZONED R-2 '4064; zz -57- -59- -60- -61- -62- 6J- -64- IPF N89'05'JO"E 1340.22' a� - - fps L.LL L.L.L"-d (0,29' S.) A — - - - - - ------- IPF - ---- - IPF I 1-56- AXLE fl -r . 1 (0. 16' N.) (u. If rND. 'E- (0. 04' N.) %1097, %0 IPF (0�04' E.) 1-54- zz FU 77)RE DE VEL OPMEN T AXLE FVD. Qi �1046 t 5" 0 7F N89 *J859 V 660.10, /Ps N89718�28"W 674, 13" 11374,11J6o CRABAPPLE CROSSROADS PHA SE 1 tb ZONED MIXED USE owER1vnaaqER. JOHN WELAND HOMES AND NEIGHBORHOODS 1950 SULLIVAN ROAD AMANTA, GA. J0337 (770) 996-2400 CON7ACT- JASON GARRE77 EIVMNEER. CREA 77 VE CONSUL 77NG, LL C CONSUL 77NG ENGINEERS 597 WEST CROSSWLLE ROAD, SU17E 200 ROSWELL, GEORGIA J0075 (770) 594-0246 CON7ACT- MARK CISNEROS LMD SURKTW.- DA KD BARTON BARTON SURVEWNG, INC 1500 PALM ST CANTON, GA J0115 770-345-2810 CONTACT- DAWD BARTON NOW OR FORMERL Y BURMA T PA RKER ZONED A G- I AXLE I'OTF S89J2J6"'E 44Z47' FNU - — - — - — - — --T NOW OR FORMERLY CRARAPPLE nRST BAP77ST CHURCH "K ZONED A C- I 3e S8852 "l 6 "E /ps ----------- ------------- S86*52'16"E 544.88 IPF IPF 303.53' (0.20' S�) Of IV 00'W ,4�917, LL� %4!�991 N89 7 1 "W %0 '46570E 230,90' IPF APPROX. L.L.L- /ps ------ - - - — - - - 90-28' t li-6 N187948T 52.47', N04:2852"'W 61'N 15-7J' AfOI70'29w A= 33. 4 1' NJ7*50'49"W 101.66' R= 36.J8' 64.28' IPF IPF C= N32 7 0'36 T N41'41'17"W 1 32.250 84.41' 1pf- N64004"45"W NOOV0100" OLD R. W N6 1150 "51 "'W I N52 U4 #26 72.24' 65.26' -A= 4ZJ2 83 55 J. 86 44' R= 36.75' N6070`51 "w S094 4'10 "E C= N40:25'09"W 19 41' Z��c 4Z42' N01 *10'02"E--- 44.12' N60'0,3'21 "W IPF 68.78' 104.J4, N61 *52'09 "0 N16*46'34"E "IlPF 51.92' A= JO.29 IPF 0 R= 28.89 N0020'19 2X42560E IPF 101.80, N6J73'55"W .92' 73,87' MOU07W NO 110 1`5-6 528141'10"W 50.17' IPF 59.26' S65*3J'17"W 9.19, .1p 35.96' 129.2J' M61 *52'09'wW ',j, 1ps R= 29. 00' 42.27' I -s' I C= N5J#48'12'*W CRARAPPLE CROSSROADS Z� ol fp 0 POB 33. 70' PHASE J ZONED MIXED USE SOM06'57"W 51.46' 0 m 60 30 0 60 120 180 NOW OR F -ORA Y SCALE IN FEET CRABAPPLE RRSr BAP77Sr CHURCH -i'• =' BLDG. 30 DETAIL ZONED AG-• 1 (RRs • FLOOR) N--1488899.63 p (NOT TO SCALE) If -224J960.20 S88'52'16 "E o3 I .303.53' IPS IPS �! 1.0' 9, O' 17RIN BLDG. 30 DETAIL JT -(SECOND FL ®0R) '� I (Nor To seALE) REE SA 17.1'x'iI S0170'DD"W1.0 gp _-- 18"CMP -_ I93.38EXTERIOR EXTERIOR FOOTPRINT i. S.W.2,911 S 1, 363 SO. FT. Qi ESOT .I Iq + at 10911 1�50.4 It IwFUTURE5o. BLDG BENCHMARK iE I 502'46 57"W 10 � o TOP of FH 90.28' Q 99 ELEV.=1133.45 I i BLDG 40 'DETAIL ri S89 :30'43 E o SII I (NOT rO SCALE) _ "t a I ! No - APPROXIUA TE L. L, L. . SI TE MAP 80 15.3' 424 20.0 h I NOT To SCALE a FU WETRACT BLDG. I I w _ t I 1134 7,)0.9' 108,159 so. FT. 20 I I w m ti 2.48J ACRES NI I 2'42 44 "E`�� i 1"5 EXTERIOR FOOTPRINT trj I 2, 752 SG?. F7 t, 7' I I 115 �� I 1.0' 28.4' 60' �, �. p I 1 02226"w rmiil ci !® 589 68.41 I S89 °19'26 "E BLDG. 50 DETAIL Q 66•h9 5 ,w c) o w I I (NOT TO SCALE) �? - 1e• I? � c� o � "N. -2181.47- ESAw 29.3 0 �, S. w.`' a NI I" o mei [.7' ,o'N897932"WT wm 251.28' EXTERIOR F007PRINT 2,787 SQ: FT N COMMON - 24 "RCP _ 1B' -_FIRE LANE- M 18'RCP ! 1� AREA N COMMON AREA r1.o' McFARLIN LANE t. 0' (60' PUBLIC R . W.) E 18' FIRE LANE o P� ` 18 RCPIf SIGN ESMT. r! 29.2 S. W: ESMT: _ S8979'32"E BLDG 70 DETAIL 26651' It 1O'RL. 1.0` (NOT TO SCALE) 1.7' FUTURE 8.0' 6.if 8G9.0 1.0,o`j)f Ij 0 '� q w �h1pE � wm7¢15.1. �. If 1.0' 19.6' !{ j I N8921'54"W h (I TRACT 2 CO" I. 6.7' EXTERIOR FOOTPRINT 0.6' O, 7' 2 729 SO, FT. 6.0' 89,771 SQ. F7 2.061 ACRES , It 28.0° 1 1.0 ,5.0' CO t. o' ,tV � ►I Q � � �Ii 23.3 75,11 9.0' 8.0' • I! "J 1 r.o' © It LQ100 YR. �� ! BLDG. 100 DETAIL it HWE=112323 FUTURE it (NOT TO SCALE) X" BLDG Ii a 59.3' r1 w 90 SN,3926'41 o IPS EXTERIOR FOOTPRINT LANDSCAPE . \� FUTURE a �'' ca /� ill BLD r. �� ` �� °� G. ! 2, 852 SO. Fr. ESY . 7" / �\N 2' 8o09, 1 42.27' °j 2 .9' •• {� 9.4 100 }7?. \ \ \ S w , 20. ' 4:� 4 HtYE =11,21.72 \ COMMERCIAL ADDRESSING- PRIVATE 12230 BIRMINGHAM HIGHWAY CRABAPPLE CROSSROADS FUTURE BUILDING 10 sTL A & B FUTURE BUILDING 20 STE. A & B EXISTING BUILDING 30 S7E A & 'B EX1S77NG BUILDING 40 S7E A & B EXIS77NG BUILDING 50 (STE A & B FUTURE BUILDING 60 STS: A & B EXIS77NG BUILDING 70 (STE. A & B)' FUTURE BUILDING 80 (STE; A &,B-- BFUTURE FUTUREBUILDING 90 STE A & q2 - EXISTING BUILDING 100 (srE. A & B PHASE J f 1` 6 ` • C�aa ZONED MIXED USES.IV ` ESMTPOB I. I 51879'48"W 101.80' 52.47 I A= 30.29' 10,9" I t R= 28.89' I 50170'2,4 "W ry 101.66' tz. o 28.92 Oa ERI A OPE L' HOMEs I AND NEIGHBORHOODS SOO'36'17"E A=33.41' I 50.17' R- 36.38' �'�► f = 53270'36 "W 32.25' .�• " f R-- 29.00', ENTRANCE ADDRESS: ,- 12232 BIRMINGHAM HIGHWAY I I I I A= 47.32 R= 36.75 C= S4025`09"E I I 44.12' ( I I 50170'02"W I 68.78' I S16 `48'34 "W I 51.92' Sl TE t Z a S1 7E CORTABA PLE MA R4Ap �ABAPP �oAD ip eROAO ROAD LOCATION MAI' (NOT TO SCALE) S rORM WA TER DETENTION PRO WDED AS PER APPROVED HYDROLOGY REPORT RE9SED NOVEMBER 23, 2008 BY CREA T/ VL" CONSUL 77NG, LLC. I BENCHMARK I TOP OF FH Rl a 357 =e ELEV=-1126.98 c • h Rob Clerk of superior Couor r 00'2019''E Fusion County, Georgia ! I � 101.80' I A= 30.29' R= 28.89' C-- S.29'4256'W tz. o 28.92 Oa ERI A OPE L' HOMEs AND NEIGHBORHOODS SOO'36'17"E 1950 SULLIVAN ROAD I 50.17' ATLANTA, GA. 30337 f (770) 996--2400 I A= 35.96' CONTACT JASON GARRETT R-- 29.00', C== S53 48 12 E " EraNEW: '3''3.70 CREA 77 VE CONSUL TING, LLC 1 d CONSUL 77MG ENGINEERS 597 WEST CROSSKLE ROAD, SUITE 200 ROSWELL, GEORGIA 30075 I Sol V6,58 ow (770) 594-0246 51.46' CONTACT- MARK CISNEROS 'S LAND SURWYOhR: DAVID &ARTOM N-1488065.62 BARTON SURVEYING, INC. I E-2244.246.81 1500 PALM ST, I CANTON, GA 30115 770--34.5--2810 CONTACT,, DAVID BARTON CURVE ARC C1 15.50 LINE TABLE LINE BEARING HORIZ DIST Ll S00'00'00"E 65.26' L2 N00"40'28"E 60.00' CURVE TABLE" RADIUS BEARING HORIZ DIST 56.38' 570"41'46"W 15.39' 0 4 FGiL.?' N CO LINTY DEPART) DVT OF HEALTH AND' NE LNESS -- ENWOWENTAL HEALTH SERWCES JH/5 DEWL UR'MEN T lS APPR04� PROVIDED THE FOLL OWA(G REQUIRED IMPROWWDV7S ARE IN COMPLIANCE WrH THE FULTOV COUNry CODE Of CRDINANCES, CHAPMR 34, ARTICLE IV, DRINKING WA IFR AND AR77CLE" Al, SEkVACE DI9''OSAL.. WA TO? SUPPLY SAGE DISPOSAL �PUBII WATER SUPPLY BEIC SANI7`ARY SEWERAGE SY57EM © INLV49DUAL ONSITE 0 INDIVIDUAL 6W9'TE WA TER SUPPL Y(IES) SEWAGE MANA DV r SYST&J(S) COVL177OV5 OF APPROVAL CO1l0770NS OF APPROVAL Q,11�&[ F "A" _ - TYPE "'A"C�.ly{ 7�PE mc.p 0,)E"B" ® TWE "9'" 0,FF"D° R:anjo DA iE Ak TaN �pUN , ffPARiAIt Ni" oF HEAL rH ANDACV- IESS Lr ,5_i6j_L kQ— - REYIS7'C11� DA 1F QDi9wARTMDV'FOF HEAL Th AND 4teEL i NESS GENERAL NO ES— TffE FIELD DATA °UPON tkJ-ilcq TNls PLAT IS BASED HAS AN ANGULAR ERROR OF 3 WCOVDS .PER ANGLE POINT AND A PREC1510N RA 770 OF 1 IN 19,5.27. IT HAS SEEN ADXSTED UVIV THE" COMPASS RULE. E0t#pA4ENT USED To OSTAIN THESE MEASUREMENTS WAS A T"OPCaV GTS -2,55. THE DA TA S 01W ON AVIS PLA T HAS A CLOSURE PRE'CtS100 RA 770 6F 1 IN 973,864. ALL f P: 's ARE 1/7" REBARS (UNLESS 07HIYWSE IN&CA7'Ef7) ilr REBARs SL'T AT ALL LOT CORNERS (UNLESS 07HERW&C- lAfDICAW) BEARINGS ARE BASED ON 7HE" GECIRGYA STATE" PLANE' COORDINATE SYSTEM. This plat is approved with the understanding that easement is granted the City of Milian along all road frontage for the purpose of sloping cuts and 0s as follows: 0' to 5' --not less than 3 to I slope 5' to 10' --not less than 2 to 1 Nope City of Marton and Fulton County personnel and/er ogonts shall have free and totem access to and across ail eats*men ts. Ail lots are to have a reserve strip for drainage contraf 5' off side property lines, 10' off rear property lines, and 207 off exterior (rear) property lines. FI A L PLAT OF BRAEBURN, PHASE II (F K A. HSA TON HALT (FKA, CRABAPPLE ROAD) LCCA TED LAND LOTS 1097 8c 7098 2nd DISTRICT, 2nd )ECTION Cl T K OF MIL TCC FUL TCN COUNTY, CL. ORGIA JUNE 10, 2010 CER77ROA Ir AS TO RECORDING- This Is to certify that this plat has been receded In Plat Book ACOCROING TO WE FJ.R.M. 6F FM TCW C"TY, Public Drainage Easements P"a" NUM8LW$ fJ121C07OW, 13121COQ52E, ul C Page of Fulton County 1312001& AND 1312C0�15.F'; DATM ANE 2Z 1998 Receded on . _ Recti 7TfIS`P.goPvTYIS NOT Lov7rD iN A f00 YEAR aerk, Supeon Court Court fLfiQO HAZARD AREA. H006EX, A PORnOV OF THE County PRi'ER7 IS IN A 500 YEAR FLOOD HAZARD AREA. t IS HEREBY CER77REt) THAT !'HIS PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM Alio ACTUAL SUR4d: Y OF THE PROPERTY BY ME OR UNDER MY SUPERVISION, THAT LL MONUMENTS SYIO 04 THERE01V AC7UALLY EXIST OR MARKED AS 'FUTURE'' AND 4M11 BE PLACELI DURING C00167RUCRaV OF TT'fE fMPRO LOWENTS SHOW ON THIS PLA T, AND THEIR LOCA 77M, 'S+ZE, TYPE, AND MATERIAL ARE CORRECR Y SHOW. to -TOTAL RESS?DONIPAL UNIM PHASE" 3 _.,.............. 31 BY GFORGA f"GISM?ED LAND SURW)W SURWY NO 2533 - k f -- 7'07"AL REVDL AAL UNIT PERE AO'E, PH*X5 2 & 3..<O) 84 DUMC 0 i[3 iGS+ � totoo*. t -w T, , - 1- I �� �....�__..._.. _ �. ��e ��e �b Tom; DA iii:. 03 E k td U ig a lr ? t 0_ This property consrsts of tax parcel numbeen; 22 4OOU1(&Iuuf6, owner/c�evolope`; Public Drainage Easements 22 4000109800149, 22 400111350027, and 22 4001 f 1350282. Public ParksjOpen Space 0.00 acres_ All ponds, storm drains, and common areas to be � maintained by the Home Owner's Assocfatiom SITE DA TA:; �A�� aRaE -TOTAL. PROBE'CT AREA ......................61.1'6'7 ASS j N WIELAND ���r#r RROAuA�D� -CURRENT 20MIIVG................................MIX - TOTAL REa�iMV 71ALITS P ...................21 -TOTAL RESS?DONIPAL UNIM PHASE" 3 _.,.............. 31 � NEIGHBORHOODS � � �, ` LOCA 77ON MAP -- 7'07"AL REVDL AAL UNIT PERE AO'E, PH*X5 2 & 3..<O) 84 DUMC 0 i[3 iGS+ � --ALLOWABLE RESIDENTIAL UN17-S PER ACRE :................1.00 DUVAC �....�__..._.. _ �. _._. .. -MINIMUM LOT SIZE............................«.......iam SF 4125 Moft head SE • SeWno, GA 30080 -MINIMUM WDTH.............................................8th' 2A Hour Coma : loran Gari 770-703-1646 -AVERA (SE LOT S7ZF............. _........ ..... ....... -:2599:5SF -Fl?(WrSETBACK............ s ............. ........... r..a..20' 2,5' Pints 35-7 P � -REAR SETBACK ..................... .......... _.......... Filed and Recorded Sep -12-2011 11:27as -SIDE SEIBACK..e................................a..........5' 2011-0224400 -MINIMUM 10' BETH EN STRUCTURES Cathelene Robinson CONSERVA77ON EASEMfitaT AREA Fa? PHASES 2 & 3 .= -*,4Z ACRES Clerk of Superior Court Fulton Count v Geor is OWER'; ACKNOIWjRM Nr - SIA TE 7STATE OF 6EaWA la TY OF MK MY The owner of record of the /and shown on this plat and whose name Is subsa7bed thereto In person or through a duly authorized agee<n4 hereby aacknoeedges that this plat was made frau an actual survey, and dedicates to Fulton Courtly the conwlete ownership and use of at/ water and sewer Improvements constructed or to be :contracted rn accordance with this plat, and dedicates to the use of the public forever the fallowing: Public Streets S2Y acre Public Sewer Easements J,318 sa, ft. Public Drainage Easements 0.00 acres Public ParksjOpen Space 0.00 acres_ Public AccesslPedestrian Easements 0.00 acres CGMAeaV AREA DATA: C014MON AREA I - 188,011 S.F. s 4.316 A0gES _...,-. _._._...__ COMMON' AREA 2 - 10.-273 S1f' = .2.348 ACRES SFF SH -FET 4 FOR REW5101V 1 SIGMA R RE BLOCK. T)pad Name of Subdivider comm v AREA 3 38,478 SF: - a86,3 ACRE COIMON AREA 4 4,06,593 SF. -; .2.,447 ACRES COMMON AREA 5 = 8,426 SF - Os 19:1 ACRE COMMON AREA 6 .4 17,226: fir— a395 ACRE 70ML COWOV h%t JWAZS 2 & 3 --„,a4e ,' [ 37,SF111..82 AO S e°?ildrVER wm07om. JOHN W67-AAID HO WES AND NE ORSORHOODS 4125 ATLANTA ROAD SE SMYRNA, GA 30080 (770) 7013--1646 COWTACT MASON GARR,E`ir L11fOl4{,EER.' CREA 77 VE CONSUL 771VG, LLC OMSUL 17NG DV6YNEERS 597 *EST CRoSSVILLE ROAD, sill TE 2010 ROS4fiIELL, OFOROA J0075 (770) 594--0246 CC7NTACT MARK CYSNEROS LAND 5MV1) ' SAR70N SURVE MG, INC 1500 PALM Sr CANTON, GA 30115 (770) 345-28310 rrWI etyT nAU17 RARTt7N agrrotu of Subdivider fleate Tjped name of Owner of Record U of Owner of Record - lio Late The Director of the Community Development Department of The City of Mhtenn, Georgia, corti6es that this plat complies with the City of Mrtton Zoning ordinance-% Conditions of Zoning, and the City of ,V#ton Subdlwision Regulations as amended. � t:.. fiats Director, Dep el t of rdommunity; De$velmewrt FLOOD HAZARD— The intermediate Regional Rood (LR.F.) areas shown herehr were determined by the Professiand Engineer whose stamp and signature are offrxend hereto The City of Mhton does not, by cppro4hg this plat, warrant their accuracy, and does not irnply that land outside the areas of flood hazard shown wN be free from Nooding or flood damage. ,Further, the City of Mifton does not by approving this plat nor accepting the public Improvements therein, assume maintenance of the flood cerrrXng capacity of the flood area or wartercourses. Maintenance stall resmoln fire responsibility of the owneer(s) of the land upon which they ee'xlst: fire owner of a lot or parcel that contains a flood hazard area Is ree+quireed to submit a site plan to the City of M#ton prior to the initiation of any Impr"ments to the lost or pared The site plan sheaft include the location and elsoatfon of the I.R.F. within the lot or parcel and the existing and proposed Improveements. Approval of the site plan by the City of Miton is required prior to the issuance of a boding permit DRAINAGO— The o er of rescard on behalf of himself (itself) and ON success" irr interest, ecifiadly rWooses the C1ty of A(#tear from any and all libb#ltyy and raWonsbilty for eroding or erosion from storm drerins of from hooding frear h4h water ofno*rad oredcs, river, or drainage features. A edr'ahaa'ge easement &, hereby a stablhI teed for the save urpose of providing for the emerge ,?cy gprrootec6on of the free slow of surfoce waters Ong eati watercourses as eestablished by #ae3&e Regulations and the Director of the Department of Public Works, Said LJfr'ector may conduct emergency maintenance opffatle7ns ethin tht� easement *here a me rgencyy conditlrrns �ri'st. Ernergency mahte nance shall be the removrat or` trees and ocher debris, awavation, f lkr9 and the lhC4, ne3cessary to remedy o conditicxt, which in the atelgrrresalt of tike staff and Dhector, is paterntlafly rnfraakurs to life, pc'e,4raefy, or that p wic rood or Aty system. Such eemeargency mahrtenance conducted for the common good :#reall not be consfted as cwnstitd&9 a cwthru,0g maintenance obll9adba on the part of the city of MIton near abrogation of the City of Mitoft rigfrt to seeds reitrabuMm nt for Weenses from the ow wffs) of the proparty(fes) or the lands that Wasted the conditim.,o. 7HE PR07EC77W COVENANTS FIR THE S4180fWSf&q ARE RECORDED IN aEE'D BOOK_— PAM'S ___ 94 7Et7 ,_....,..,_. 7HE HC'MEO E`RS JNDEMNIf7CA7TON AND MAINTENANCE AGREEMENT FOR DE'EN7700l PaVDS IS RSCORDED 1H DEED BO _._....._...._.......-...,._,_. PACES._._..,.._.... DA 7EO_-..._...._...._.....,..__........_...- - - . ... Tiff FLOOD PLAN INVf)VMRCA770V AW"OVi'8 FOR THIS PR"CT IS RECOWW IN DEED 800,Yt .492201 _ RAGES ,_ 3��__ DA7� 7 M/19 THE HOMEOWNERS ASSOe^(A77M iNCORPORAT70//V DOCWFNr'a ARE REC'IlXD t4 7H XORGRIA SECRETARY CIF STATE. COgrRGL NUMBER __ RECORDED IN DEED BOCK. PAGE— DATED � DH -"HOLDS PLEASE NOT THAT A CER77ROATE OF OCCUPANCY HOLD MAY BE PLACED ON YOUR BUILDING PERMIT TO WRIFY THAT YOU HAVE" COMPLIED W7H YWR S9UBMI TED SI X PLAN. A SI TE' INSPEC77O N MA Y BE REQUIRED SITE PLAN IS REQUIRED SHOWNG SOLDING AND LW WWA Y LOCA UOV WTH H DiM0VSf +VS OF 7HE" LOT SHOW ALL S7RUC7URE$. SETBAa(S, EASE"MENM 5pEat4EN TREES, BUFFERS AND PUBLIC INFRASTR7UCR)RE: 577E PLAN REQUIRED SHOWNG EXIS77SO AND PROPOSED Ce VTOOR LADES, EROSION CCNTRa MEASURES, ITEMS IN '"A" ABOVE. A REGISTERED UCENSED PROFESSIONAL ENGINEER', LICENSED LANDSCAPE ARCH17E`CT OR REGISTERED SURVEYOR MUST S70N AND SEAL THE PLANS. S77F PLAN IS REQUIRED SHOOING MINIMUM RNISHED FLOOR ELEV 41TC,YV, l.R F ELEVA nON AND CG'YVTOUR UIVE, 25 AJVD 100 YEAS' EIXVA77ONS OF THE DETEN776N FACILITY, TOP ems' SANK FCS? STREAMS, DRAINAO ' DIT6H AND ITEMS FOR DH -A HOLDS AS STARED ABOVE. A FINAL F..L.EVAirav cERTincATE MUST Br COMPLETED BY 7HE PROPZRTY 0ANEJR OR REPRESENTA77VE AND SUBMITTED TO THE COUNTY BUILDING PERMIT DIVISICAV AT 771E nME THE Lows: FLOOIR,/FIRST nooR (REFEREIVO E LEWL) 1S E'STABUSHEL"i, PRIORI TO FURTHER C01VS7RU0TT0N OF THE BUILDING olvL Y THE DIRECTOR, OR rHE SPECIFIC APP(*NTEE RDWES4W RING* THE' DIRECTOR, H "D MAY RELEASE THIS TYPE OF HOLD A DH --D HOLD IS A GENERAL HOLD FOR A SPE'C1fTC PURPOSE NOT PRE`'VIou& Y O:CJVER,ET% E -l WE HMD (AR90AYST HOLD) SITE � CRA,BAPPL.E' �A�� aRaE RROAuA�D� f LOCA 77ON MAP (NOT TO SCALE) agrrotu of Subdivider fleate Tjped name of Owner of Record U of Owner of Record - lio Late The Director of the Community Development Department of The City of Mhtenn, Georgia, corti6es that this plat complies with the City of Mrtton Zoning ordinance-% Conditions of Zoning, and the City of ,V#ton Subdlwision Regulations as amended. � t:.. fiats Director, Dep el t of rdommunity; De$velmewrt FLOOD HAZARD— The intermediate Regional Rood (LR.F.) areas shown herehr were determined by the Professiand Engineer whose stamp and signature are offrxend hereto The City of Mhton does not, by cppro4hg this plat, warrant their accuracy, and does not irnply that land outside the areas of flood hazard shown wN be free from Nooding or flood damage. ,Further, the City of Mifton does not by approving this plat nor accepting the public Improvements therein, assume maintenance of the flood cerrrXng capacity of the flood area or wartercourses. Maintenance stall resmoln fire responsibility of the owneer(s) of the land upon which they ee'xlst: fire owner of a lot or parcel that contains a flood hazard area Is ree+quireed to submit a site plan to the City of M#ton prior to the initiation of any Impr"ments to the lost or pared The site plan sheaft include the location and elsoatfon of the I.R.F. within the lot or parcel and the existing and proposed Improveements. Approval of the site plan by the City of Miton is required prior to the issuance of a boding permit DRAINAGO— The o er of rescard on behalf of himself (itself) and ON success" irr interest, ecifiadly rWooses the C1ty of A(#tear from any and all libb#ltyy and raWonsbilty for eroding or erosion from storm drerins of from hooding frear h4h water ofno*rad oredcs, river, or drainage features. A edr'ahaa'ge easement &, hereby a stablhI teed for the save urpose of providing for the emerge ,?cy gprrootec6on of the free slow of surfoce waters Ong eati watercourses as eestablished by #ae3&e Regulations and the Director of the Department of Public Works, Said LJfr'ector may conduct emergency maintenance opffatle7ns ethin tht� easement *here a me rgencyy conditlrrns �ri'st. Ernergency mahte nance shall be the removrat or` trees and ocher debris, awavation, f lkr9 and the lhC4, ne3cessary to remedy o conditicxt, which in the atelgrrresalt of tike staff and Dhector, is paterntlafly rnfraakurs to life, pc'e,4raefy, or that p wic rood or Aty system. Such eemeargency mahrtenance conducted for the common good :#reall not be consfted as cwnstitd&9 a cwthru,0g maintenance obll9adba on the part of the city of MIton near abrogation of the City of Mitoft rigfrt to seeds reitrabuMm nt for Weenses from the ow wffs) of the proparty(fes) or the lands that Wasted the conditim.,o. 7HE PR07EC77W COVENANTS FIR THE S4180fWSf&q ARE RECORDED IN aEE'D BOOK_— PAM'S ___ 94 7Et7 ,_....,..,_. 7HE HC'MEO E`RS JNDEMNIf7CA7TON AND MAINTENANCE AGREEMENT FOR DE'EN7700l PaVDS IS RSCORDED 1H DEED BO _._....._...._.......-...,._,_. PACES._._..,.._.... DA 7EO_-..._...._...._.....,..__........_...- - - . ... Tiff FLOOD PLAN INVf)VMRCA770V AW"OVi'8 FOR THIS PR"CT IS RECOWW IN DEED 800,Yt .492201 _ RAGES ,_ 3��__ DA7� 7 M/19 THE HOMEOWNERS ASSOe^(A77M iNCORPORAT70//V DOCWFNr'a ARE REC'IlXD t4 7H XORGRIA SECRETARY CIF STATE. COgrRGL NUMBER __ RECORDED IN DEED BOCK. PAGE— DATED � DH -"HOLDS PLEASE NOT THAT A CER77ROATE OF OCCUPANCY HOLD MAY BE PLACED ON YOUR BUILDING PERMIT TO WRIFY THAT YOU HAVE" COMPLIED W7H YWR S9UBMI TED SI X PLAN. A SI TE' INSPEC77O N MA Y BE REQUIRED SITE PLAN IS REQUIRED SHOWNG SOLDING AND LW WWA Y LOCA UOV WTH H DiM0VSf +VS OF 7HE" LOT SHOW ALL S7RUC7URE$. SETBAa(S, EASE"MENM 5pEat4EN TREES, BUFFERS AND PUBLIC INFRASTR7UCR)RE: 577E PLAN REQUIRED SHOWNG EXIS77SO AND PROPOSED Ce VTOOR LADES, EROSION CCNTRa MEASURES, ITEMS IN '"A" ABOVE. A REGISTERED UCENSED PROFESSIONAL ENGINEER', LICENSED LANDSCAPE ARCH17E`CT OR REGISTERED SURVEYOR MUST S70N AND SEAL THE PLANS. S77F PLAN IS REQUIRED SHOOING MINIMUM RNISHED FLOOR ELEV 41TC,YV, l.R F ELEVA nON AND CG'YVTOUR UIVE, 25 AJVD 100 YEAS' EIXVA77ONS OF THE DETEN776N FACILITY, TOP ems' SANK FCS? STREAMS, DRAINAO ' DIT6H AND ITEMS FOR DH -A HOLDS AS STARED ABOVE. A FINAL F..L.EVAirav cERTincATE MUST Br COMPLETED BY 7HE PROPZRTY 0ANEJR OR REPRESENTA77VE AND SUBMITTED TO THE COUNTY BUILDING PERMIT DIVISICAV AT 771E nME THE Lows: FLOOIR,/FIRST nooR (REFEREIVO E LEWL) 1S E'STABUSHEL"i, PRIORI TO FURTHER C01VS7RU0TT0N OF THE BUILDING olvL Y THE DIRECTOR, OR rHE SPECIFIC APP(*NTEE RDWES4W RING* THE' DIRECTOR, H "D MAY RELEASE THIS TYPE OF HOLD A DH --D HOLD IS A GENERAL HOLD FOR A SPE'C1fTC PURPOSE NOT PRE`'VIou& Y O:CJVER,ET% E -l WE HMD (AR90AYST HOLD) A b ro� 04 g 91'1 v ° 0 ? >11 41.4 v,WDo `6' c� 'n A 5 ��.�. .� �'� � •� .�r�' � ate•° P4�• �$ (Q�� 00 °' cl� Q' -e' a ` o cr' 143 1+01 04 R> -0 43 a a + b 41 Q? t� p � U s4..)��t �+ „� •� � e•� .ru' � .� � +�S }� _.� M ,.. �....,... .._ .-�....�.,.._..,s..e... . �....i�s. rra .._.,,..,._._....,........._. 9i 00 a T tai a� 4 t } N In NO a W 4-4 Q LL 70 4-A 10 49 71 � *� � .�? i�+ �cJ � ria �r �'• � � 4.� ;� to � q .5:1 b � * 4121 75 0 in 0 G�,� moo,`+ sacra el 0 4aj ' �' " � '"' c} ' w ° j --i �' {-� ' "Cf g, r� P., Q.. ' a '.oma 0`on 2'st'ct o`..�� . �• .� .(44 .r,} � � !'".' �. � � � � '� � � s~ 4> r�-i a7 �-+ w, � t-. r-: ur ¢r "" w t� w va 11-4 VS a nn d4 . t �`'� � � � 4n G� �^ rn tri !� C", �' � rte w' yr ,� .� x�i ua c� � ;�. � F� � •eav � � ... � �? C3 s.> � � --- ra "� . � .'� cJ � .� C .. �7 .-. • r } CJ C 1 t } Ga Rt L ra C� r��wwl k K �j Qi t47 (J y ��yy C� ".� �y f3 tl 7 b" CJ "y "� ,�'% � � `47 � � •--' ._� 0 :+^' �Uh bQ t� � �' � w.• � r..., � ��, � � ..,. �' S+ C�k fJ� ;' '�"• U � hi � � �^ � � rr] �--v t},� � ``' 2+ CS b11 0 '� 4 t (� � q� � t'd W ' y, � v i7 r� 4 � � � �( S5 � bA p 4� Q .""w 1 v , � � � rt W w t 0 � V. � t� � � 0 m � ti � � � � 9 q � � � c+a ( Ci C ,tS 57 a u� t3 S C) ' • ys e ra °�fl� t) °' o w H � �- 0-9 bO i, -d .� i . r r� q c w 5� t� C7 S t1 a . '- c i2t3 F r ` [ � 4 � A � ,� r^ �„+ ,.� � O � ;� � � *L9 � � v tett � oA � � �t � C�„? as � >wI �•' q ann _, d .� as �, � ' *. as -� 114 1401 C) r"'� �"'d y ` " GY Q ► + UP 4'.. -rs :6), A:>� CA I a ` ��r�r+� > .,�6-3}• "��fsra rj�'s tEv S nCOi "CtrG,.y7i7, ] is t( tQ" �"{s �aG3..+r �"' EF -s d u d> �ani '�",' . tVibiJ »°s+,3 - �+ *Cb-a+�c�'" C�a �1-5-5 4�3� cW�a C7 w M c i ;Q + � sa tc � 'c.c.s tlto3 .Ca.yaw! ca ua bp eo o : c Git C" " v�c` ct -ha 4ncc )> L# v : b b G c ; p ap .. -� :a qt f5i) o t� at # pts y' cn as r� a...� p., ___._...:= ..g..,.., G1 .� � �„ •� �, � '� 3 � �� � � � ed v" a� .� � ,., cci ,A+.1 S'4; Q C • 3 i }Cja? y� dr. t .2�on +�retQsA . Q " .�1 4 5y3 '910 sI"I,. m 42 S ;t.Dt>a3 } •c�-�c�'t ' �e�0 'go 0 "C' tt�as pG�ce^e9 m.Y ltC."_^tt �.., q f3•c W �' ' us rra � at to sra � � � � t� +� �i • 5 -�..!" •�.,,,d � '� � � � ict � � � � � � � t .,�• 47 y� • � � � �i d3 ` � �:. ri5 .� ,*.., w.. 3M tG 4.s i "+ 4} IS vi as d Z 2 41 4-4 * r �Q ! o c R, d d ami u � CJ N Jm was co' v A to ` as �,.,�; >vs � �n 04 VS V ahaq> "ri a W fa ` c �0 On w zR �� o U ct1 C i u 0� cis c.- r 0 u 40 ci i A 05 a w -S o GJ '� P 71 0 cr a ° ax v 4 �° tt U -49 bb 4.J t sad a ,, a� � . a � rrs .� tcs � .xy ' •� �t � . a � v •�'` to � • o ,sn � -c7 � � to �.. tib � � � � � '� � � �` � � q � � � � � •� +dt�.� as €�" `•� � Ut a iIt'rn ra (t-;�� ,��Ci cin 051 a a. �, • � � � ©� '� r.J � � " � .� u � � � � v � •'� •�,, �"' � as � ,u ' ,n 41 03 IV -15 110 L— re,a r„Z , i o a w a c a o0rts a 0 o� c a E o ° ec75 oav aL C3; xmv d g PNU aCl L cv au Eccra c aoL_ov� v>y a+-Nnc� va wica �a _°O O N o c EE 2 0- a,E a 07 E o x a° co��a.°°% opv°ov E c E 3 0 E a:°0o a, uc i or a as c cs a a a� a� ca w o f rr X a CCSY a C C7 'CS v aw >oo c° cn v E 0 > N,0 CO - rCSa av v > a > v0 p E o o.n ON.0 S aT a , L C7� c vL S ' T 42 Lak auU aa6 i L? c T cL roC E Cca > y �+0o6 Uo3G IL p CL c rTn > e� cn cti C n a a •vt C7 �c�ca.rza:, -:co+ Cu�ii �,' cn -[to1 w� Us '—v � U} +.. U5 v •ty '" tlF -,.+ N O O U� Ocn a fa}3s 'Ta7 v 4wO L_vUCl� v cv •Fi_i o0 OL c x0 aE c °>°� n—E�wn•°' °n L- 0 o> _0 cs v 0 ° � o to v a c cr> r� n rf acro ' _v -0 v ii a -a [r3 w •AwUUcCa O t0 0a ac >}7 -J U EE to wa E v>,z 00 s'tp �vv,is v 0 cq.0 cc "o .0v, W C c w O cE.c-0 c a a n� M � ava to o _2-o aEac"zO0,nc c v a0 a a v.2- ',�,a ao m?conaRc ' > E E '�Ui c?c CL- O:EO ©s� o a z .c c c ° v acor—a1«cA �7 � V) u-juoFmF-Euco0 'x y+1 r p p ci ai w ci v ai V ti b i` `ad ,�'� ami ' 04 �, V., 78 00 4 Wwiat a.� Gz.f: ' ° r ' a, "'"� ••.� d^ ,�, Ate., r"3 `�" rig ca bob tl7 i:'3, ed u c-� _ �1. t- ti.. 4-+ r•`'� ry? � -481 .ii C+7 W ,G •C± ' � �j 'L:7 a.a r1 " LS C7 PS tt� a any cG vim; 4 79 p c s rte, aq ,+ ate, tt{ ter' E _�"' ' t; o i �'4isem'' �� s `C • �� ' as �' ` >' a' ° `� 0 uIt M' GS A s��3yy �S t t y z v f Ca b 9.1 2 r i 4 5 - m •rs a, .....,.... ay ci KA a3 m 81) a � �3 „y� � 2a , D1) � �., ►., � U � O Jl 9_ ' ,,.� ass3 a �3 f411413 .4419' c� z 0 m 29 10 k A-.271.94' 0- R= 5. 00 Jo 17 27 9 16 26 PHASE 111 32 17 AXLE 25 ji A-124.21' Z4,� 24 10 8-275.00' 34 % C-N46*05'06 PHASE m /ps NOW OR FORMERLY BURMA T PARKER ZONED AG-- I 7 S49'08'29 "W 181,72' S89'32'38 "E . 447.47' 1"OTF AXLE FND, GRID NORTH GEORGIA WEST ZONE 150' 0 150' 300' lnm� %mml-m - I OVERALL SUBDIVISION BOUNDARY El 11 ,M5 PHASE 123.16' 22 ✓ !z 19, 0 35✓ OVERALL BOUNDARY A-270.JJ' =,30 .93 A=107.27 00'269581.3 SqFt C175.OfR=335.00" 61.89 A_0 c.s22- C-NJ6'5!27"W -SWJ5541E 3o -*54 -E cres 293.JJ' 105.59 263.06 C3 21 PHASE 39 38 37 36 "Z IV89192**20"Wu� 2N AN S20'46'12 W J0.3.40' (6- 1 N� (n A MENI TY J NOW OR f -ORMERL Y �z 106.63' ' 4 13 V, N -R=17.00' A= J7' A=26-70 CRABAPPLE RRST 8AP77ST CHURCH {FUTURE} 7'URE) 7BURY LANEK ZONED A G- I *J4'00 >w--, A(48 2624 -W oo$5? -Z .570 N8975'*42OW R-17 C-S45*57*40" R-275. 00' 502.65 111. 77' 268.57' C=N51 *45'07*W 24,04' C-N69*57'OJ"W Mc 20.60 2 181.88" f?LIN LANE N8975'41 "W 1402.12' MCFARLIN LANE /PS 848.41' A -26-74,,l %I 6�6o 50 IPF S3924 `42 *W 09 R= 17, 00 IPS ci 44 w (0. 20' S.) C--S45*4014 W %0 z t L-� 115.96' V, oolf 45 46 47 - 491 ;!� �s 40 41 42 4J 24.07' 51 SJ9 2 1 36 *W HAS 48 1409911 A PHA SE N8971'16"W52, 50. 00 046"57"W 2301.90' IPF APPROX. L.L.L. 90.28' 1.5" 07T- N89 38 '59 OW 660. 10' /ps 674. 13' /Ps T----- N8978�28"W BRA EBURN ('[-L') '79'48*W COMMERCIAL ---t-S18 52W (P8 J45, PG. 55) 52.47" NO428' IP w / -`0 1117 1 f36f 15.73' fi Gly SO 1 *10'29 A= 53.41 N3750'49V 64.28p IPF IPF R. w is .101.66' R= 36.38' PROPERTY LINE C= S327O36'W CRABAPPLE CROSSROADS N41 '4 0 7V #00,000 32,25 PHASE I IPF INV6J 7 3`55 soovo'oo OLD R. W ZONED MIXED USE 7�! 8 N52J4 W"W 6.5.26' 4732' 83.55' S09'44`101E R= 36.75 .REVS10N No. I AUGUST 30,2011: IV607051""W C14 47:42' C= S40 25'09 mE 7HE pUqposE OF THIS RE1451ON IS rO REVISE THE LOT LINES SO 1 *10`02 44.12** 19. 41 OF LOTS 2, 3, 5 AND COMMON AREA 4. NWVJ�21'*W --- ku* PROP IPF 66.78' S28'41'10 "W 0 9.19' S16W'34"W RECORDED IN PLAT BOOK---- PA GE--- 104.J4' 51.92' A= 30.29' SUPERCEDES PLAT BOOK -ILL- PAGE--Z�!--- R- 28.89 4*4* SOO:20'19 T C S29'42'56 'vW MAL P4A T APPROVAL IPF 101,80' 28.92* 7HE DIRECTOR or THE COMMUNITY DEVELOPMENr DEPARTMENT i O� OF - THE CITY OF m/t TON, GEORGIA, ccR 77FIEs THA r THIS PL A T v4V445"W 0 t6l- iS00*J6'17mE COMPLIES W TH THE Cl rY OF UX TON ZONING ORVINA NOES, N01101'561E 66 72.24' 50. 17' CONVIRONS OF ZONING AND THE CITY OF MILTON SUBDIWSION REOULA77ONS AS AMENDED. 59.28 S65U3'17*W N6150'51'vW 35,96 129.23' 86.44 1ps R= 29. 00' \i C= 553'48'12"E CRABAPPLE CROSSROADS I" NP08 JJ. 70 1 V PHASE 3 �41N , ZONED MIXED USE $0 ot DI /FEZ TOR, DATE N6373 55 Ow 4,%, SOI'06'58*W commuNny Danopuw DEPARTMENT 7J. 87.* 51.46** m (166L4) UNIT ONE ZONED R-2 -57- �p�41 /PF -59- -56- AXLE -64- N89*05*JO*E FIVO. (a 019 (0. 11' N.) IPF ;1097,' ;109 IPF (0. 04' E,) -54- 12 A -274.93'1 15 14 R-175.. 00' m 29 10 k A-.271.94' 0- R= 5. 00 Jo 17 27 9 16 26 PHASE 111 32 17 AXLE 25 ji A-124.21' Z4,� 24 10 8-275.00' 34 % C-N46*05'06 PHASE m /ps NOW OR FORMERLY BURMA T PARKER ZONED AG-- I 7 S49'08'29 "W 181,72' S89'32'38 "E . 447.47' 1"OTF AXLE FND, GRID NORTH GEORGIA WEST ZONE 150' 0 150' 300' lnm� %mml-m - I OVERALL SUBDIVISION BOUNDARY El 11 ,M5 PHASE 123.16' 22 ✓ !z 19, 0 35✓ OVERALL BOUNDARY A-270.JJ' =,30 .93 A=107.27 00'269581.3 SqFt C175.OfR=335.00" 61.89 A_0 c.s22- C-NJ6'5!27"W -SWJ5541E 3o -*54 -E cres 293.JJ' 105.59 263.06 C3 21 PHASE 39 38 37 36 "Z IV89192**20"Wu� 2N AN S20'46'12 W J0.3.40' (6- 1 N� (n A MENI TY J NOW OR f -ORMERL Y �z 106.63' ' 4 13 V, N -R=17.00' A= J7' A=26-70 CRABAPPLE RRST 8AP77ST CHURCH {FUTURE} 7'URE) 7BURY LANEK ZONED A G- I *J4'00 >w--, A(48 2624 -W oo$5? -Z .570 N8975'*42OW R-17 C-S45*57*40" R-275. 00' 502.65 111. 77' 268.57' C=N51 *45'07*W 24,04' C-N69*57'OJ"W Mc 20.60 2 181.88" f?LIN LANE N8975'41 "W 1402.12' MCFARLIN LANE /PS 848.41' A -26-74,,l %I 6�6o 50 IPF S3924 `42 *W 09 R= 17, 00 IPS ci 44 w (0. 20' S.) C--S45*4014 W %0 z t L-� 115.96' V, oolf 45 46 47 - 491 ;!� �s 40 41 42 4J 24.07' 51 SJ9 2 1 36 *W HAS 48 1409911 A PHA SE N8971'16"W52, 50. 00 046"57"W 2301.90' IPF APPROX. L.L.L. 90.28' 1.5" 07T- N89 38 '59 OW 660. 10' /ps 674. 13' /Ps T----- N8978�28"W BRA EBURN ('[-L') '79'48*W COMMERCIAL ---t-S18 52W (P8 J45, PG. 55) 52.47" NO428' IP w / -`0 1117 1 f36f 15.73' fi Gly SO 1 *10'29 A= 53.41 N3750'49V 64.28p IPF IPF R. w is .101.66' R= 36.38' PROPERTY LINE C= S327O36'W CRABAPPLE CROSSROADS N41 '4 0 7V #00,000 32,25 PHASE I IPF INV6J 7 3`55 soovo'oo OLD R. W ZONED MIXED USE 7�! 8 N52J4 W"W 6.5.26' 4732' 83.55' S09'44`101E R= 36.75 .REVS10N No. I AUGUST 30,2011: IV607051""W C14 47:42' C= S40 25'09 mE 7HE pUqposE OF THIS RE1451ON IS rO REVISE THE LOT LINES SO 1 *10`02 44.12** 19. 41 OF LOTS 2, 3, 5 AND COMMON AREA 4. NWVJ�21'*W --- ku* PROP IPF 66.78' S28'41'10 "W 0 9.19' S16W'34"W RECORDED IN PLAT BOOK---- PA GE--- 104.J4' 51.92' A= 30.29' SUPERCEDES PLAT BOOK -ILL- PAGE--Z�!--- R- 28.89 4*4* SOO:20'19 T C S29'42'56 'vW MAL P4A T APPROVAL IPF 101,80' 28.92* 7HE DIRECTOR or THE COMMUNITY DEVELOPMENr DEPARTMENT i O� OF - THE CITY OF m/t TON, GEORGIA, ccR 77FIEs THA r THIS PL A T v4V445"W 0 t6l- iS00*J6'17mE COMPLIES W TH THE Cl rY OF UX TON ZONING ORVINA NOES, N01101'561E 66 72.24' 50. 17' CONVIRONS OF ZONING AND THE CITY OF MILTON SUBDIWSION REOULA77ONS AS AMENDED. 59.28 S65U3'17*W N6150'51'vW 35,96 129.23' 86.44 1ps R= 29. 00' \i C= 553'48'12"E CRABAPPLE CROSSROADS I" NP08 JJ. 70 1 V PHASE 3 �41N , ZONED MIXED USE $0 ot DI /FEZ TOR, DATE N6373 55 Ow 4,%, SOI'06'58*W commuNny Danopuw DEPARTMENT 7J. 87.* 51.46** m KENSINGTON FARMS UNIT ONE ZONED R-2 �p�41 -59- IPF -62- 1IPF -6,3- IPF -64- N89*05*JO*E I340.22' t (07.16' Nj (a 019 (0. 11' N.) IPF (0�04' M) (0'0' 12 A -274.93'1 15 14 R-175.. 00' C 4 -S79V8'44'*E 247.52' m 29 10 k A-.271.94' 0- R= 5. 00 Jo 17 27 9 16 26 PHASE 111 32 17 AXLE 25 ji A-124.21' Z4,� 24 10 8-275.00' 34 % C-N46*05'06 PHASE m /ps NOW OR FORMERLY BURMA T PARKER ZONED AG-- I 7 S49'08'29 "W 181,72' S89'32'38 "E . 447.47' 1"OTF AXLE FND, GRID NORTH GEORGIA WEST ZONE 150' 0 150' 300' lnm� %mml-m - I OVERALL SUBDIVISION BOUNDARY El 11 ,M5 PHASE 123.16' 22 ✓ !z 19, 0 35✓ OVERALL BOUNDARY A-270.JJ' =,30 .93 A=107.27 00'269581.3 SqFt C175.OfR=335.00" 61.89 A_0 c.s22- C-NJ6'5!27"W -SWJ5541E 3o -*54 -E cres 293.JJ' 105.59 263.06 C3 21 PHASE 39 38 37 36 "Z IV89192**20"Wu� 2N AN S20'46'12 W J0.3.40' (6- 1 N� (n A MENI TY J NOW OR f -ORMERL Y �z 106.63' ' 4 13 V, N -R=17.00' A= J7' A=26-70 CRABAPPLE RRST 8AP77ST CHURCH {FUTURE} 7'URE) 7BURY LANEK ZONED A G- I *J4'00 >w--, A(48 2624 -W oo$5? -Z .570 N8975'*42OW R-17 C-S45*57*40" R-275. 00' 502.65 111. 77' 268.57' C=N51 *45'07*W 24,04' C-N69*57'OJ"W Mc 20.60 2 181.88" f?LIN LANE N8975'41 "W 1402.12' MCFARLIN LANE /PS 848.41' A -26-74,,l %I 6�6o 50 IPF S3924 `42 *W 09 R= 17, 00 IPS ci 44 w (0. 20' S.) C--S45*4014 W %0 z t L-� 115.96' V, oolf 45 46 47 - 491 ;!� �s 40 41 42 4J 24.07' 51 SJ9 2 1 36 *W HAS 48 1409911 A PHA SE N8971'16"W52, 50. 00 046"57"W 2301.90' IPF APPROX. L.L.L. 90.28' 1.5" 07T- N89 38 '59 OW 660. 10' /ps 674. 13' /Ps T----- N8978�28"W BRA EBURN ('[-L') '79'48*W COMMERCIAL ---t-S18 52W (P8 J45, PG. 55) 52.47" NO428' IP w / -`0 1117 1 f36f 15.73' fi Gly SO 1 *10'29 A= 53.41 N3750'49V 64.28p IPF IPF R. w is .101.66' R= 36.38' PROPERTY LINE C= S327O36'W CRABAPPLE CROSSROADS N41 '4 0 7V #00,000 32,25 PHASE I IPF INV6J 7 3`55 soovo'oo OLD R. W ZONED MIXED USE 7�! 8 N52J4 W"W 6.5.26' 4732' 83.55' S09'44`101E R= 36.75 .REVS10N No. I AUGUST 30,2011: IV607051""W C14 47:42' C= S40 25'09 mE 7HE pUqposE OF THIS RE1451ON IS rO REVISE THE LOT LINES SO 1 *10`02 44.12** 19. 41 OF LOTS 2, 3, 5 AND COMMON AREA 4. NWVJ�21'*W --- ku* PROP IPF 66.78' S28'41'10 "W 0 9.19' S16W'34"W RECORDED IN PLAT BOOK---- PA GE--- 104.J4' 51.92' A= 30.29' SUPERCEDES PLAT BOOK -ILL- PAGE--Z�!--- R- 28.89 4*4* SOO:20'19 T C S29'42'56 'vW MAL P4A T APPROVAL IPF 101,80' 28.92* 7HE DIRECTOR or THE COMMUNITY DEVELOPMENr DEPARTMENT i O� OF - THE CITY OF m/t TON, GEORGIA, ccR 77FIEs THA r THIS PL A T v4V445"W 0 t6l- iS00*J6'17mE COMPLIES W TH THE Cl rY OF UX TON ZONING ORVINA NOES, N01101'561E 66 72.24' 50. 17' CONVIRONS OF ZONING AND THE CITY OF MILTON SUBDIWSION REOULA77ONS AS AMENDED. 59.28 S65U3'17*W N6150'51'vW 35,96 129.23' 86.44 1ps R= 29. 00' \i C= 553'48'12"E CRABAPPLE CROSSROADS I" NP08 JJ. 70 1 V PHASE 3 �41N , ZONED MIXED USE $0 ot DI /FEZ TOR, DATE N6373 55 Ow 4,%, SOI'06'58*W commuNny Danopuw DEPARTMENT 7J. 87.* 51.46** m UNE TABLE LINE BEARING HORIZ DIST L1 S33`08'44"E 34.12' L2 N34'09'28"W 30.96' r AXLE 100.4.2' FND. L.L. fa96 1497 OC.S DETAIL CURVE TABLE t w-1056.7 CURVE ARC RADIUS BEARING HORIZ DIST C1 233.43' 175.00 S05'04'01' W 216.50' C2 18.73 225.00 S53`27 46 W 18.73 C3 58.22' 225.00 N63"15 39'E 58.06 C4 155.47' 225.00' S31 "16'58"W 152..30' C5 101.41 225.00' N01 -25128"W 100.56` C6 237,04' 175.00' N72'56'34"W 219.33' C7 314.14' 200.00' S79'09'18"E 282.83' C8 310.63' 200.00' N11'20'54"E 280.33' C9 37.89' 175.00' S62'03'03"W 37.82' C10 38.51 175.00' S49'35'04"W 38.44' r AXLE 100.4.2' FND. L.L. fa96 1497 6" UT- ER OFJ, OC?UT -- 1442.8 --57 1 IPF 205.28 T; -56 PROPOSED CONSERVA 770N / EASEMENT j IPF (0.04 E:) r / f s / i COMMON AREA 1 168,011SgFt p 4.316 Acres KENSINGTON FARMS UNI T TWO ZONED R-2 — -- { v, to szz PROPOSED CONSERVA 77ON ~- EASEMENT -59- AS MEASURED FROM TOP OF BANK ON EACH SIDE 54' BUFFER \ BRICK FACED CONC. WALL \ END FEN.i 5' S.R. & WPM FEN. SEE DOCS ! \ i y �4� f 48,562 SgFt DETAIL pc�G 1, 115 Acres MFFE=1057. 80 SA Qj Wi 4PNO FH 124;191 SgF`t 2851 Acres\ \ 7111 / C7 DETENTION POND #1 GRID NORTH GEORGIA WEST ZONE VER 770AL DA 7UM IS NA VD 88 60` 0 60' 120' KENSINGTON FARMS UNI T ONE ZONED R-2 IPF I (a. o4, At)1 N89%75'JOT .� 241.16' ?� 125 rrv, HYVE-1tJ52, so \ - -- 11Cia YR. HWE-•� 1053.80 1 1 1 IZsYR, STOR vac. -670 CUBIC, Fre!'19 k 00 W, Sian. VOL. -82 582 W& � r r' ( MFFE-105780 /F r00 YR. `moi "t r \ 321109' e HKE=1085 65 \� TREE SAW AREA 42 . n i ACCESS 1 i IPF \ ii4a 1,61' (0.16' N.) BRICK FACFD CONCRETE WALL PROPOSED EAI. 4 LOT 1J (SEL" SHEET 6) 3118 10' PRI VA 7E" �SS.E �... OC.S DETAIL N. 7.S. t w-1056.7 _-- t iv -1456.7 _510, _ -- - I � _J, 7,_ tw-1055.6 LJ tw--1055.6 tw-10.54,0 1 tw-70,54.0 49,581 SgFt tw--1052.4 CONI CONI. WALL WALL 6" UT- ER OFJ, OC?UT -- 1442.8 --57 1 IPF 205.28 T; -56 PROPOSED CONSERVA 770N / EASEMENT j IPF (0.04 E:) r / f s / i COMMON AREA 1 168,011SgFt p 4.316 Acres KENSINGTON FARMS UNI T TWO ZONED R-2 — -- { v, to szz PROPOSED CONSERVA 77ON ~- EASEMENT -59- AS MEASURED FROM TOP OF BANK ON EACH SIDE 54' BUFFER \ BRICK FACED CONC. WALL \ END FEN.i 5' S.R. & WPM FEN. SEE DOCS ! \ i y �4� f 48,562 SgFt DETAIL pc�G 1, 115 Acres MFFE=1057. 80 SA Qj Wi 4PNO FH 124;191 SgF`t 2851 Acres\ \ 7111 / C7 DETENTION POND #1 GRID NORTH GEORGIA WEST ZONE VER 770AL DA 7UM IS NA VD 88 60` 0 60' 120' KENSINGTON FARMS UNI T ONE ZONED R-2 IPF I (a. o4, At)1 N89%75'JOT .� 241.16' ?� 125 rrv, HYVE-1tJ52, so \ - -- 11Cia YR. HWE-•� 1053.80 1 1 1 IZsYR, STOR vac. -670 CUBIC, Fre!'19 k 00 W, Sian. VOL. -82 582 W& � r r' ( MFFE-105780 /F r00 YR. `moi "t r \ 321109' e HKE=1085 65 \� TREE SAW AREA 42 . n i ACCESS 1 i IPF \ ii4a 1,61' (0.16' N.) BRICK FACFD CONCRETE WALL PROPOSED EAI. 4 LOT 1J (SEL" SHEET 6) 3118 10' PRI VA 7E" �SS.E �... \ iii \ •� n / / BENCHMARK TOP OF FH TREE SAYE AREA \ ii\ \ E"LEV =11 a3, 70 \ ii \ =*_0 TREE SAW - LOT 12 (SEE SHEET 6) 20' PRI VA 7E TOP OF FH ELEV =1108.64 10$PRI A 7T:7 I � LJ 49,581 SgFt DH C F 1.138 Acres MFFE= f 057.80 , x , MEE SA W • S L g 0 20' PRI TE 32.88 S. S E.A N78.394 L O T 17 a �\ q (SEE SHEET 7) �' \ \ iii \ •� n / / BENCHMARK TOP OF FH TREE SAYE AREA \ ii\ \ E"LEV =11 a3, 70 \ ii \ =*_0 TREE SAW - LOT 12 (SEE SHEET 6) 20' PRI VA 7E TOP OF FH ELEV =1108.64 5 10 LJ u crZ 0 5 10 No Text LINE TABLE LINE BEARING HORIZ DIST Ll N33'08'44"W 19.88' L2 N33*08'44"W 26.73' NOW OR FORUERL Y PAMELA SAULS LEE ,TONED AG ---1 i GRID NORTH GEORGIA WEST ,'ONE VER TIC'AL DA TDM IS NA VD 88, 60' D 60' 120' m m CURVE TABLE N CURVE ARC RADIUS BEARING HJRIZ DIST C1 71.13' 325.00' N52 -45'15'W. 70,99' C2 75.66' 325.00' N39`48'53"W 75.49' G3 73.86' 224.87" N23'44'28"W 73.53 C4 135.50' 300.00' N46'05'06"W 134.35' NOW OR FORUERL Y PAMELA SAULS LEE ,TONED AG ---1 i GRID NORTH GEORGIA WEST ,'ONE VER TIC'AL DA TDM IS NA VD 88, 60' D 60' 120' m m L.L. N � � 1.5" C+TF L.L. 1736 to FUL TON COUNTY G 1. S MONUMENT F015 a f UL TON COUNTY G.1. S: 140NUMEIVT F215 AXLE fND. PROPOSED CONSERVA77ON EASEMEENT � �1 NOW OR FORUERL Y PAMELA SAULS LEE ,TONED AG ---1 i GRID NORTH GEORGIA WEST ,'ONE VER TIC'AL DA TDM IS NA VD 88, 60' D 60' 120' m m COMMON AREA 1 188, Oil S'gFt 4..316 Acres L tl . �:. � Ci � t .�� c,n ✓ �y (SEE SHHEET 5 TREE SA VE" AREA ��.�g'48 � ..-- � 8.1-• 20'' PRI VA 7E � '�, f ''� �`' � �"�� 2g 88SSE ( —17—BENCHMARK \ 50,541 SgFt y TOP OF FH w �. `'. 1.160 Acres „� `'' 'X1 ELEV I10J 70CL o. ' -m �� a 47,864 SgFt s 1 1.099 Acres 35.455 SgFt 5� 1 0.814 Aare `rte_, \ - ,� �, ✓ —.G� `.'" IN, . ,o 30,372 SgFt 4.697 AcreLi PROPOSED LOT 21 < EASEMENT `. \ (SEE" SHEET 9) �36�9, CL Pp MEE AMENITY AREA LIJ Q rV 60,102 SgFt OSP OF 1F Rlt' \ T' \ � 1.384 Acres TREE SAW �` � ELEV-ItO5.45 r 20' S 5 E. 1, Ir---` -- I i j PROPOSED TEMPORARY CUL—DE—SAC L.L. N � � COMMON AREA 1 188, Oil S'gFt 4..316 Acres L tl . �:. � Ci � t .�� c,n ✓ �y (SEE SHHEET 5 TREE SA VE" AREA ��.�g'48 � ..-- � 8.1-• 20'' PRI VA 7E � '�, f ''� �`' � �"�� 2g 88SSE ( —17—BENCHMARK \ 50,541 SgFt y TOP OF FH w �. `'. 1.160 Acres „� `'' 'X1 ELEV I10J 70CL o. ' -m �� a 47,864 SgFt s 1 1.099 Acres 35.455 SgFt 5� 1 0.814 Aare `rte_, \ - ,� �, ✓ —.G� `.'" IN, . ,o 30,372 SgFt 4.697 AcreLi PROPOSED LOT 21 < EASEMENT `. \ (SEE" SHEET 9) �36�9, CL Pp MEE AMENITY AREA LIJ Q rV 60,102 SgFt OSP OF 1F Rlt' \ T' \ � 1.384 Acres TREE SAW �` � ELEV-ItO5.45 r 20' S 5 E. 1, Ir---` -- I i j PROPOSED TEMPORARY CUL—DE—SAC S8915 41 E 115.00' FU 7VRE REVEL OPMENT (PHASE ltl) N89 •,38'39 "W ?975'4 829. Oe 539.15' SA W spr COMMONEA 102,273 SgFt 2. 348 Acres PP ``C3 EU TURF DEVEL OPMEN T (PHASE It%) 9��, `• 3..34.82' PP 204..33' 660. to' 7Ps CRABAPPLE CROSSROADS PHASE 1 ZONED MIXED USE 0 II L.L. L L 7Q96 49 1.5" C+TF L.L. 1736 FUL TON COUNTY G 1. S MONUMENT F015 a f UL TON COUNTY G.1. S: 140NUMEIVT F215 S8915 41 E 115.00' FU 7VRE REVEL OPMENT (PHASE ltl) N89 •,38'39 "W ?975'4 829. Oe 539.15' SA W spr COMMONEA 102,273 SgFt 2. 348 Acres PP ``C3 EU TURF DEVEL OPMEN T (PHASE It%) 9��, `• 3..34.82' PP 204..33' 660. to' 7Ps CRABAPPLE CROSSROADS PHASE 1 ZONED MIXED USE 0 II WAN TREE' SA #rE AREA (TYP.) BENCHMARK r0P OF Flo ELEV = 1104.70 % c' J i t - .. 1 BRA EBURN FUTURE LUNE AMENI rY AREA ARC (our) BEARING 50,1172 SgFt Cl 1.380, Acresfi`' IRRIGA TION WELL. TO 6E BENCHMARK` 2.4.03' C2 TOP OF FH 325,00: S78'1 3'27"E ELEV -1498, 99 C3 91,11' 100 YR. 6 HW=1096. 34 , 1 _. W?se'_ 17,226 SgFt_p 5„129'15'41 "E" 829.06' �_ liqkLEV-1104,25 ctrc.rzmr�ttn OP OF FH Ger F -U TURE DEVELOPMENT: (PHASE !lf) LINE OF SIGHT 5's -w." ESMT (TYP.) L3 Q N 9 52'' :270 W HUN78U_. RY LANE .343.07' S0 fr W. N 100 YR, 100 YR. HWE-1096. f3 HWE== IO97.22- p COMU6N ARE'AA2._,_ - FUTURE DEVEL OPMEN T 102,V'3102,zSgFt - (PHASE t1I� 2.348 Acres •FUTURE DE VEL OPt1�NT (PHASE N8978'28"W 6'74.13' CRABAPPLE CROSSROADS ZONED MIXED USE PHASE f LINE 7"AFLE CURVE TABLE" LUNE 289.57' ARC RADIUS BEARING HORIZ DIST Cl 26.68' IRRIGA TION WELL. TO 6E 544'16'59"E 2.4.03' C2 102.74' 325,00: S78'1 3'27"E 102.32 C3 91,11' COMMON AREA 6 FILLED AND CAPPED, d C4 LINE OF SIGHT kli 17,226 SgFt_p N45'57'40"E LINE OF SIGHT C5 Ev ESMT. (TYP.) 0.395 Acre 108.57' 100 Yt? ESMT< (TYP) 22.13' 17.00' N51'45'09"E 20.64' C7 HW 1097 3,5 4 "• i 17.00 ;n � 24 RCP______ w C8 288.93_' ~372.92' - G 500'50 21 E 19.76 �er S8375'41 " 17.00' 544'18'54" E 24.02' C10 26.64' 17.00' 50' R. W. „18" RCP 23.99' 100 YR, 100 YR. HWE-1096. f3 HWE== IO97.22- p COMU6N ARE'AA2._,_ - FUTURE DEVEL OPMEN T 102,V'3102,zSgFt - (PHASE t1I� 2.348 Acres •FUTURE DE VEL OPt1�NT (PHASE N8978'28"W 6'74.13' CRABAPPLE CROSSROADS ZONED MIXED USE PHASE f mar LOT 6 75 IMPERVIOUS DEFENRON PONS #2 SE7RACif ..-- ' .25 YR. HWE=1073.77 (SEE SHEET 10) \\ � � . y`' - 1001 YR HKF=1075 38 10' LAND.SCAPE STRIP �� �sw 1 4 `q 25 YR, STOR, VOL.=221,628 CU. FT 1010 Y7:' STOR YOL.=288.374 CU. F7: DETEM77ON POW R8 (PROPOSED) 25 YR. HWE- 1C84.88�t \21 1 \` a° COMMON AREA 4,, 100 ?R. HWE 1:385 23 / }D,ao p tiw • .N,<1 2J' W. STCi'.=62385 F% 1067,593 Sg. fit. 140 YR STOR. K..-68.158 CLI. FT. �� oty � � � � � - - \ 2.447 Acres _� 100 YR. HWE -` - A > I € I PROPOSED\ 4ti h \ \.` `,.� "• (Y-4 HW 48"R zz LOT 5 ARO' iSE9)SHEET f0) 3 C.5 c oc lh �a/!s (fa he rem © t6PROPOSE/ FENCE proposed HK t ! #I 32 631.69' J. �. 5 wooden ,r� � 0Jbaffle fen. h bZZ- � C> x • i 3 �" II o N6025 44 12.65 c� "~ ,, f proposed! �. �� .>, r� QW. W € gate ! \� �i; # ? < 0 L55 sr. & wire fen.\ # .n! t� W t9 M I# h !Q CL ""' 4- N °' -� 2,5' 8.C. 7 4 � I ! � . � (!a 6e removed) �\ 1 `t� <.�e ►"� t� �-- � ca It I 19292 SgFt In I# 0.443 Acres5.181 SgFt II a o t 0.371 Acre V { q # {. MFFE=1090 00 20,424 S F t -.�42 4 dw g 2�, :-7 � `� 15 0.469 Acre L20' 8.L. 27 3p .Q�. fah%�' ,__ Wff= 1090 00 44, v{NCf7 -104.7 ,` qf( ti AccEss 1W r rd 89 75'41 "E 146.88' ,✓ B 124.66'22.18 ' �� �7 �Y% 22.887 SgFt �f3 0.525 Acre 016. �� f8�, �., � ✓` /, `�� � C 00 # OF S/GST UFFE=rO9CJ.0O IPS q i^� Pzz 4w ^ II 1 � R # FU TUBE" DE" VEL OPMEN T�� (PHASE ff1 � `� / ��a -_d �r Z� � - I � Q U � GRIO NORTH GEORGIA WEST ZONE VER 77CAL DA rUM IS NA �O 86 60' 0 60' 120' LINE 7"AFLE CURVE TABLE" LUNE CURVE ARC RADIUS BEARING HORIZ DIST Cl 26.68' 17.00' 544'16'59"E 2.4.03' C2 102.74' 325,00: S78'1 3'27"E 102.32 C3 91,11' 175.00' N13`5712"W 90.08' C4 26,70 17.00 N45'57'40"E 24.04' C5 108.94 385.00 S22°34'19"E 108.57' C6 22.13' 17.00' N51'45'09"E 20.64' C7 21.54 17.00 N51'46'76"W 20.12 C8 19.76 385.00 500'50 21 E 19.76 C9 26.67' 17.00' 544'18'54" E 24.02' C10 26.64' 17.00' N45`50'59"E 23.99' C11 26.70' 17.00' N44°02'20"W 24.04' C12 27.67 17.00' S44"19 32"W 24.72' C13 105.23' 325.00' S59'53' 32"E 104.77' C14 87.19 275.00' N59°43'22"W 86.82' C15 77.92' 275.00' 576'55'22"E 77,66' C16 27.96' 17.00' N47'50'577 24.91 C17 11.24 325.00 N88'16 167 11.23 C18 17.03' 100.00' N07'48'49"E 17.01' C19 317.48' 360.00' N33'45'36"W 307.29' C20 59.42' 360.00 NO3'46'02"W 59.35' C21 1.2.2.59' 200,00 N16'35 54' W 120.68 C22 202.22 300.00 S69'57 03 E 198.42 C23 20.26 275.001 N87'05 -03"W 20.26 C24 74.43 90.46 S62 -27'59"E 72.34' C25 51.81' 102.00' S70-08'1 2"E 51.25' C26 82.23 57.84 N81 o3774 'E75. mar LOT 6 75 IMPERVIOUS DEFENRON PONS #2 SE7RACif ..-- ' .25 YR. HWE=1073.77 (SEE SHEET 10) \\ � � . y`' - 1001 YR HKF=1075 38 10' LAND.SCAPE STRIP �� �sw 1 4 `q 25 YR, STOR, VOL.=221,628 CU. FT 1010 Y7:' STOR YOL.=288.374 CU. F7: DETEM77ON POW R8 (PROPOSED) 25 YR. HWE- 1C84.88�t \21 1 \` a° COMMON AREA 4,, 100 ?R. HWE 1:385 23 / }D,ao p tiw • .N,<1 2J' W. STCi'.=62385 F% 1067,593 Sg. fit. 140 YR STOR. K..-68.158 CLI. FT. �� oty � � � � � - - \ 2.447 Acres _� 100 YR. HWE -` - A > I € I PROPOSED\ 4ti h \ \.` `,.� "• (Y-4 HW 48"R zz LOT 5 ARO' iSE9)SHEET f0) 3 C.5 c oc lh �a/!s (fa he rem © t6PROPOSE/ FENCE proposed HK t ! #I 32 631.69' J. �. 5 wooden ,r� � 0Jbaffle fen. h bZZ- � C> x • i 3 �" II o N6025 44 12.65 c� "~ ,, f proposed! �. �� .>, r� QW. W € gate ! \� �i; # ? < 0 L55 sr. & wire fen.\ # .n! t� W t9 M I# h !Q CL ""' 4- N °' -� 2,5' 8.C. 7 4 � I ! � . � (!a 6e removed) �\ 1 `t� <.�e ►"� t� �-- � ca It I 19292 SgFt In I# 0.443 Acres5.181 SgFt II a o t 0.371 Acre V { q # {. MFFE=1090 00 20,424 S F t -.�42 4 dw g 2�, :-7 � `� 15 0.469 Acre L20' 8.L. 27 3p .Q�. fah%�' ,__ Wff= 1090 00 44, v{NCf7 -104.7 ,` qf( ti AccEss 1W r rd 89 75'41 "E 146.88' ,✓ B 124.66'22.18 ' �� �7 �Y% 22.887 SgFt �f3 0.525 Acre 016. �� f8�, �., � ✓` /, `�� � C 00 # OF S/GST UFFE=rO9CJ.0O IPS q i^� Pzz 4w ^ II 1 � R # FU TUBE" DE" VEL OPMEN T�� (PHASE ff1 � `� / ��a -_d �r Z� � - I � Q U � GRIO NORTH GEORGIA WEST ZONE VER 77CAL DA rUM IS NA �O 86 60' 0 60' 120' L.L. LANDSCAPE 24' LANDSCAPE' 1097 ESMT_ 'SIGN ESU 7' 1098 % t',rs ESV, 25,45 49.70' IPF � �9 IPS SCJ. 00' N$97 1'16" 2..37) 90 N042852 "W 1136 % 135 15.73' I N37W'49 "W 64.28' s SHEET INDEX NOT TO SCALE IPF >x N6070'51 IPF 170; � C) �. LLJ 0 M SH T 10 rQ 1 0 LINE 7"AFLE LUNE BEARING HORIZ DIST L1 NOO'57'40"E 19.50' L..2 S50°38 24 'E 6.08' L3 N81'30'16"E 35.22' L4 S33"58'45"E 7.34' L5 S33'58'45'E 22.19' L6 S42'39'00"E 23.38' L.L. LANDSCAPE 24' LANDSCAPE' 1097 ESMT_ 'SIGN ESU 7' 1098 % t',rs ESV, 25,45 49.70' IPF � �9 IPS SCJ. 00' N$97 1'16" 2..37) 90 N042852 "W 1136 % 135 15.73' I N37W'49 "W 64.28' s SHEET INDEX NOT TO SCALE IPF >x N6070'51 IPF 170; � C) �. LLJ 0 M SH T 10 rQ 1 0 TOP OF FH ELEV.=14792.71 s LOT 12 (SEE SHEET 6) LOT 11 (SEE" SHEET 6) LOT 10 LINE TABLE^ LINE BEARING HORIZ DIST L1 381°30§"W 35.22' L2 N59'01'28"W 6.18' E..3 S59`01'28"E 22.90' LOT 18 (SEE" SHEET 7) TOP OF FH ELE/ =1100 11'v -eRAEBURN fU7-URE- ��� tea. TREE HW£=1098.29 AMENITY AREA fir (UU i)a 60,102 SgFt 5 S. W ► \,,w 1,3817 Acres vMO'ARLINLANE LINE OF" SIGHT50, R. 6Y. E�SYT. (TYP.)100 YR. t HWE=14798.39 N89'15'41 "W 268.57' 1 ti E 2134 COMMON AREA £> (SEE SHEET B) !� 24 "RCP .. .r8 EET 10) LOT 7 SEE SHEET 10) fl IRRIGATfOM WELL TO :BE7 FILLED AND CAPPED/� !1 LINE OF SIGHT" ESlaYT: (TYP.) _ _C VF T CURVE ARC RADIUS BEWARING f ORIZ DIST Cl 26.74 17,00' 545'40'14"W 24.07' C2, 270.33' 335,00' S22'30'54"E 263,06' C3 74.12' 275.00 N40'52'01"W 73.94' C4 50.09' 275,00' N53'48'23"W 50.02' C5 94.00' 385.00' N52'01'46"W 93.77' C6 98.47 385,00' N37'51'22' W 96.22' C7 16.16 175,00' S31'30 46'E 16,15' C8 135.50' 300.00' N46'05'06"W 134.35' C9 317.48' 360.00' N33'45'36"W 307.29' G10 78.30' 335.00` S52'19'43'E 78.12 C11 122.59' 200.00' Sl 6'35'54"E 120.68' C12 59.42' 360.00' NO3'46'02"W 59.35' LOT 18 (SEE" SHEET 7) TOP OF FH ELE/ =1100 11'v -eRAEBURN fU7-URE- ��� tea. TREE HW£=1098.29 AMENITY AREA fir (UU i)a 60,102 SgFt 5 S. W ► \,,w 1,3817 Acres vMO'ARLINLANE LINE OF" SIGHT50, R. 6Y. E�SYT. (TYP.)100 YR. t HWE=14798.39 N89'15'41 "W 268.57' 1 ti E 2134 COMMON AREA £> (SEE SHEET B) !� 24 "RCP .. .r8 EET 10) LOT 7 SEE SHEET 10) fl IRRIGATfOM WELL TO :BE7 FILLED AND CAPPED/� !1 LINE OF SIGHT" ESlaYT: (TYP.) _ _C CURVE TABLE \ i 7' CURVE ARC RADIUS BEARING HORIZ DIST 75' IMPERWOU, ,�.,����`\ `� > � 20' ACCESS EsMr EEE C1 80.54 22.5.00 S09°1735"E 80.11 .SE78ACK- �� \�\ � \ TO COMMON AREAS sr� rr C2 122.59' 200.00' 816'35'54"E 120.68` �� ♦ t 1g C3 57.38' 225.00' S26*51'09"E 57.22' 50' UNDISTURBEt? \\ . BUFFER R7 50. ' S40`O554W 5.57C4 ze $ 3f C5 57.37' 69.88' S17°08'04"E 55.77' L_ O T C6 74.43' 90.46' 262'23'59"E 72.34' (SEE SHEET 6) �� C7 51.81' 102.00' S70'08'1 2"E 51.25' rr `f'� ILI �� rn \ YQ � 3s C8 82..23' 57.84-' N81 "33'24"E 75.48' � �& e� err tt ��\��� � � \\\ '90� 8 A APV / ; .� �. �.J t` \ c�x \ + tom) � •--�.•._-.•-�-.___-_---___... -A � 4D 41 0 4J LYi MOV MCA t4 fL4 f6 47 48 I!P 30 51 \ /// J dais +.I.✓� {�2` \\ \ \�� inn 68 0.811 Acre f\ Al SHEETINDEX� NOT TO SCALE 26, O30 SgFt plats son E2 Via.' j n e Robln \ 0 598 Acre cV I clerk of SkxPerl NOW OR FORUM Y 6 P �� r � '" BURMA T PARKER t �' 0100 �j* ZONE© AG -1 DE7EN r7ON POND #92 -�VAJ0 p► {J 25 W. HKRE-1073.77 00 L} c�5 �. i3RSP 104 YR. HWE=1075.38 ,� \ X00 . ,� A86` t 25 i17 STOR. VOL. =221, 628 CUBIC FT \ 0r / or 54F � 2©' ACCESS ESM r � � ♦ � 100 YR. STOR. VOL. -288,J74 CUBIC FT. � � HCl 2 TO COMMON AREAS v, `` ♦ � � - ' � \ A©g3 ��Ogr✓a 1" OTF s ` $�g32'" \♦♦ ♦♦♦ �tl AYLE (j \ 447, t FND. / ♦ \ TREE SA t (�R1CfC FACED) _-----__ C 0. WALL \ 2Ci' Li.E1 t ♦______ t © `� ♦ �- , COMMON AREA 4 'Q �`\ `\ ♦ \ \ ♦ r • ' n t 106,59J Sq. Ft. .,....,/ �� ♦ --�'-r is au �--.�t 2.447 Acres 30,176 SgFt, K \ \ y `? R' t i t\ \ x, 0.693 Acre I ♦ \ \1 r' 'cr. .SEE WALL DETAIL t WALL DETAIL NUT Tn SCALE tw-1077 8 t cr-1077 8 76.3' TO 4 0 136, 4' TO END WALLEND WALL tw-107 5.2 12' PVC --INV =1472.58 a a a-, a a 12" PVC a. i2" PVC lNV=1072.65 IIVV =1072.70 12" PVC 12" PVC INV. =1072.67 IN V. =1072.69 3" PVC 12" PVC 12" PVC a INV --1059.77 \ INV =107[3.77 fN(! =1070.80 -1058.96 4.0' GROUNR 103 76 WA 7'R SURFACE -10 WEIR" AT 1057.7E GRID !NORTH GEORGIA WEST ZONE VER 77CAL DA TUM IS NA VD 88. 601' 0 60' 120' 75' NPERVIOUS t ! t c7 SE7BACA- a� i- _ _ \\ 1079.38 6.6'9 -" " t� t UNp ` - \ 75' IMPERVIOUS i77�r�'" - y 7 �. Q o ♦ t c1TY BRAD `"\ t SETBACK 13 �w R � cn \\ 5''L-' i �g 12 ` 52,8'45"E - ���.� FRS t t•t - �� `� �_ X26.13' 10' LAND. CAPE TOP OF FH t w -; 20,521 SgFt ! QS ry c5s� O O \ '� _ _ e _ 1 - ♦\ Q ELEV =1104.25 r ! �-- 103.471 Acres Ih D t ti , 100 YR. HWE PROPOSE©\ PO Eta HW ` ' � � �`~ - tI Q I C7 MFfE=1CIi3.38 I PROPOSED O.CS x, - _� - �_ conc. v t llnotchy 4 LL _. `� was (o be re/noved)l I 4 i E ' SBCJ 254 "W PROPOSED ;' ♦ `. \ t t ' 1628' FENCE ,proposed I31.69'--• a 5' wooden. f c bpfffe fen, i 5'89 01'40"EPL II DEXYRON POND ,�28 (PROPOSED) f proposed/ tt\ !•` �� i \*` \'"r �\� �t �\ LINE OF -SIGH (( S g 25 YR. HWE=1084.88 t-, 104 YR. HgE=1085:23 53.8,x' 25 W. STOR.. KX..=62,389 CU, FT. ' s r. ;vr`re fern \ \ € `�. \' ►�� ( R, S1OR. VOL. -68,158 Ct/, FT 1 to 6e removed) 100 Y ♦ `� \ � � 533'58`45"£ \ \ \ 34� 07' 53' N89232'20"W0' R. (� 3 LOT LOT T a (SEL SHEET 8) I ' l �V 884 41 16 E -�-C •• \ �•� 4'SUNDISTURBED IRRIGA TION YKELL TO BE ` (SEE SHEET 8) <i .J 25.42' d f ♦ STATE WA 7 -ERS BUFFER FILLED AND CAPPER, e , I NO U77LI77ES COMMON AREA K SHALL 6LOCK ! f I <ci L O T � 2 �1( `l - ACCESS ESMT, , t ! 4 (SEE SHEET 8) ��s ' Q ♦♦ . ,tN �� RCp` MRUN LAK- - BENCHMARK ` 5 R. W. 0' 18'RCP 1 TOP OF FH ~ _ T -- ELEV=1108.19 �LOT I 1 ' (SEE SHEET 8) 1 ` IPS I `LINE OF T ( YP.) SIGHT ESM FU 7 -URE DEV£-L. OPtlf EN F (PHASE lll) FU TURE DE VEL OPMEN T (PHASE lll) CLOSURE STATEMENT THE FIELD DATA UPON WHICH THIS PLAT IS BASEDFINALPT A o� HAS AN ANGULAR ERROR OF 3.5 SECONDS PER ANGLE J�1 1 POINT AND A PRECISION RA770 OF 1 IN 56,220. IT HAS BEEN ADJUSTED USING THE COMPASS RULE. THE DATA SHOWN ON THIS PLAT HAS A CLOSUREA4TT PRECISION RA TIO OF 1 IN 678,197. AT(IN PRlF,.Q.,%lF.RVl_11. GENERAL NOTES IPF = 1/2" REBAR FND. ® USED TO OBTAIN THESE MEASUREMENTSLOCA`T'ED 1/2" REBAR SET IN T A �T 1J1 11 V D TEQUIPMENT LOT ! 5 8 WAS A SOKKIA SET5 30R3. 35 FEET SSE = SANITARY SEWER EASEMENT REFERENCE: ALTA/ACSM LAND TITLE SURVEY & TOPOGRAPHIC SURVEY PREPARED BY GUNNIN LAND SURVEYING, LLC DATED MARCH 19, 2011. ALL /.P.'s ARE" REBARS. IRON PINS SET AT ALL LOT CORNERS UNLESS OTHERWISE NOTED. BEARINGS ARE CALCULATED FROM ANGLES TURNED FROM A SINGLE GRID BASELINE. VERTICAL DATUM IS NAVD 88. BY GRAPHIC PLOTTING ONLY, THIS SITE IS NOT WITHIN THE LIMITS OF A 100 YR. FLOOD HAZARD AREA AS PER F.I.R.M. FULTON COUNTY, GEORGIA AND INCORPORATED AREAS, COMMUNITY PANEL NO. 1312100019 E & NO. 1312100057 E. PANELS BEAR AN EFFECTIVE DATE OF JUNE 22, 1998. THIS SITE FALLS MTHIN ZONE "X". CURRENT ZONING: TR (TOWNHOUSE RESIDENTIAL) PER APPROVAL OF REZONING LETTER DATED APRIL 28, 2011 (CASE RZ11-02). PROPOSED SIDEWALKS SHOWN ARE TO BE INSTALLED ALONG ALL FRONTAGE PRIOR TO ISSUANCE OF CER77FICATES OF OCCUPANCY. SIDEWALKS TO BE 5' IN WIDTH AND LOCATED 2' OFF BACK OF CURB. A 10 FT. PRIVATE DRAINAGE EASEMENT SHALL EXIST ON ALL SIDE YARDS, CENTERED ON PROPERTY LINE, TO ALLOW FOR PROPER DRAINAGE OF REAR AND SIDE YARDS TO STREETS AND/OR INLETS. SITE ACREAGE= 8.202 ACRES NUMBER OF LOTS= 39 SITE TAX PARCEL NUMBER PRIOR TO RECORDING OF THIS PLAT: 22 539007580252 CITY OF MILTON AND FULTON COUNTY PERSONNEL AND/OR AGENTS SHALL HAVE FREE AND TOTAL ACCESS TO AND ACROSS ALL PUBLIC EASEMENTS. OWNER'S INDEMNIFICATION AND MAINTENANCE AGREEMENT FOR DETENTION POND RECORDED IN DEED BOOK 50232, PAGE 130, FULTON COUNTY DEED RECORDS. THE HOMEOWNER'S ASSOCIATION SHALL BE RESPONSIBLE FOR MAINTENANCE OF ALL COMMON AREAS, DRAINS, STREETS, PRIVATE RIGHTS OF WAY AND STORM SYSTEM. THIS FINAL SUBDIVISION PLAT IS SUBJECT TO THE COVENANTS SET FORTH IN THE SEPARATE DOCUMENT(S) ATTACHED HERETO, DATED OCTOBER 18, 2011 AND RECORDED IN FULTON COUNTY DEED RECORDS (DB 50489, PG. 8), WHICH HEREBY BECOMES A PART OF THIS FINAL SUBDIVISION PLAT. LEGEND • IPF = 1/2" REBAR FND. ® IPS = 1/2" REBAR SET SIDE (STREET)— R.W. = RIGHT OF WAY 35 FEET SSE = SANITARY SEWER EASEMENT GARAGE— DE = DRAINAGE EASEMENT — - - - — L.L.L. = LAND LOT UNE REAR— C.L. = CENTERLINE ® CT = CRIMP TOP PIPE • OT = OPEN TOP PIPE CMP = CORRUGATED METAL PIPE RCP = REINFORCED CONCRETE PIPE ® DI = DROP INLET JB = STORM JUNC77ON BOX WI - WEIR INLET CS = CABLE SERVICE ES = ELECTRIC SERVICE ® WM = WATER METER ® CO = SANITARY CLEANOUT ® MH = SANITARY SEWER MANHOLE CB = CATCH BASIN ® BM = BENCHMARK -♦ PP = POWER POLE -O- LP = LIGHT POLE EM = ELECTRIC METER • FH = FIRE HYDRANT ® WV = WATER VALVE B.C. = BACK OF CURB E.P. = EDGE OF PAVEMENT --x--x-x- FEN = FENCE O.H. = OVERHEAD ELEC. LINE B.L. = BUILDING LINE ® TX = TRANSFORMER BOX SS = SANITARY SEWER LINE 2nd DISTLIVICT, 2nd SECTION CI`___jrLY OF MIETON, FULTON, COUNTY, GLORGIA NOVEMBER 1, 2011 111-301 1 �te 1.1 w • PniftV OWNER'S ACKNO EDGEMENT THE OWNER OF RECORD OF THE LAND SHOWN ON THIS PLAT AND WHOSE NAME IS SUBSCRIBED HERETO, IN PERSON, OR THROUGH A DULY AUTHORIZED AGENT, HEREBY ACKNOWLEDGES THAT THIS PLAT WAS MADE FROM AN ACTUAL SURVEY, AND DEDICATES TO FULTON COUNTY THE COMPLETE OWNERSHIP AND USE OF ALL WATER AND SEWER IMPROVEMENTS CONSTRUCTED OR TO BE CONSTRUCTED IN ACCORDANCE WITH THIS PLAT, AND DEDICATES TO THE USE OF THE PUBLIC FOREVER THE FOLLOWING: PUBLIC STREETS 0.00 ACRES PUBLIC DRAINAGE EASEMENTS 0.006 ACRES PUBLIC PARKS/OPEN SPACE 0.00 ACRES PUBLIC ACCESS/PEDESTRIAN EASEMENTS 0.00 ACRES ASHTON ATLANTA RESIDENTIAL, LLC 11.01.11 OWNER/SUBDIVIDER DATE //— SIGNA®TURE DATE SURVEYOR'S CERTIFICATE IT IS HEREBY CERTIFIED THAT THIS PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE BY ME OR UNDER MY SUPERVISION; THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST OR ARE MARKED AS "FUTURE'` AND WILL BE PLACED DURING THE CONSTRUCTION OF THE IMPROVEMENTS SHOWN ON THIS PLAT, AND THEIR LOCATION, SIZE, TYPE AND MATERIAL ARE CORRECTLY SHOWN. FINAL PLAT APPROVAL THE DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF MILTON, GEORGIA, CER77FIES THAT THIS PLAT COMPLIES WITH THE CITY OF MILTON ZONING ORDINANCES, CONDITIONS OF ZONING AND THE CITY OF MILTON SUBDIVISION REGULATIONS AS AMENDED. FULTON COUNTY HEALTH DEPARTMENT THIS SUBDIVISION, AS SHOWN, IS APPROVED UPON THE CONDITION THAT SEWAGE DISPOSAL AND WATER SUPPLY FACILITIES ARE IN COMPLIANCE WITH ARTICLES IV & XI, SEWAGE DISPOSAL AND DRINKING WATER SUPPLY OF THE FULTON COUNTY HEALTH DEPT. REGULATIONS, AND IN ACCORDANCE WITH THE REQUIREMENTS BELOW: WATER SUPPLY (ARTICLE IV) SEWAGE DISPOSAL (ARTICLE XI) 0 PUBLIC WATER SUPPLY S PUBLIC SANITARY ❑ INDIVIDUAL WATER SUPPLIES Cl INDIVIDUAL ONSITE SEWAGE SERVICE REQUIREMENTS -SID TYPE ❑ TYPE "A„ ❑ TYPE "B" •it Fo ATE FULTON COUNTY HEALTH DEPARTMENT REVISION DATE FULTON COUNTY HEALTH DEPARTMENT DRAINAGE NOTE THE OWNER OF RECORD, ON BEHALF OF HIMSELF (ITSELF) AND ALL SUCCESSORS IN INTEREST, SPECIFICALLY RELEASES THE CITY OF MILTON FROM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR FLOODING OR EROSION FROM STORM DRAINS OR FROM FLOODING FROM HIGH WATER OF NATURAL CREEKS, RIVER OR DRAINAGE FEATURES. A DRAINAGE EASEMENT IS HEREBY ESTABLISHED FOR THE SOLE PURPOSE OF PROVIDING FOR THE EMERGENCY PROTEC77ON OF THE FREE FLOW SURFACE WATERS ALONG ALL WATERCOURSES AS ESTABLISHED BY THESE REGULA71ONS AND THE DIRECTOR OF COMMUNITY SERVICES DEPARTMENT. SAID DIRECTOR MAY CONDUCT EMERGENCY MAINTENANCE OPERATIONS WITHIN THIS EASEMENT WHERE EMERGENCY CONDITIONS EXIST EMERGENCY MAINTENANCE SHALL BE THE REMOVAL OF TREES AND OTHER DEBRIS, EXCAVATION, FILLING AND THE LIKE NECESSARY TO REMEDY A CONDITION, WHICH IN THE JUDGEMENT OF SAID DIRECTOR IS POTENTIALLY INJURIOUS TO LIFE, PROPERTY OR THE PUBLIC ROAD OR UTILITY SYSTEM. SUCH EMERGENCY MAINTENANCE, CONDUCTED FOR THE COMMON GOOD, SHALL NOT BE CONSTRUED AS CONSTITUTING A CONTINUING MAINTENANCE OBLIGATION ON THE PART OF CITY OF MILTON NOR AN ABROGATION OF CITY OF MILTON'S RIGHT TO SEEK REIMBURSEMENT FOR EXPENSES FROM THE OWNER(S) OF THE PROPERTY(IES) OF THE LANDS THAT GENERATED THE CONDITIONS. STATEMENT OF SLOPE EASEMENT THIS PLAT IS APPROVED 1MTH THE UNDERSTANDING THAT EASEMENT IS GRANTED TO THE CITY OF MILTON ALONG ALL ROAD FRONTAGE FOR THE PURPOSE OF SLOPING CUTS AND FILLS AS FOLLOWS. 0' TO 5' — NOT LESS THAN 3 TO i SLOPE 5' TO 10' — NOT LESS THAN 2 TO 1 SLOPE PLEASE NOTE THAT A CERTIFICATE OF OCCUPANCY HOLD MAY BE PLACED ON YOUR BUILDING PERMIT TO VERIFY THAT YOU HAVE COMPLIED WITH YOUR SUBMITTED SITE PLAN. A SITE INSPECTION WILL BE REQUIRED. SITE PLAN IS REQUIRED SHOWING BUILDING AND DRIVEWAY DH_A LOCATION WITH DIMENSIONS OF THE LOT. SHOW ALL STRUCTURES, SETBACKS, EASEMENTS, SPECIMEN TREES, BUFFERS AND PUBLIC INFRASTRUCTURE. SITE PLAN REQUIRED SHOWING EXISTING AND PROPOSED CONTOUR GRADES, EROSION CONTROL MEASURES, ITEMS IN "A" DH—B ABOVE. A REGISTERED, LICENSED PROFESSIONAL ENGINEER, UCENSED LANDSCAPE ARCHITECT OR REGISTERED SURVEYOR MUST SIGN AND SEAL THE PLANS. SITE PLAN IS REQUIRED SHOWING MINIMUM FINISHED FLOOR ELEVATION, I.R.F. ELEVATION AND CONTOUR LINE, 25 AND 100 YEAR ELEVATIONS OF THE DETENTION FACILITY, TOP OF BANK FOR STREAMS, DRAINAGE DITCH AND ITEMS FOR DH—A HOLDS . -,o,, py—C AS STATED ABOVE. A FINAL ELEVA77ON CERTIFICATE MUST BE, <, COMPLETED BY THE PROPERTY OWNER OR REPRESENTA77VE AND SUBMITTED TO THE CITY DEPARTMENT OF COMMUNITY DEVELOPMENT AT THE TIME THE LOWEST FLOOR/FIRST FLOOR (REFERENCE LEVEL) IS ESTABLISHED, PRIOR TO FURTHER CONSTRUCTION OF THE BUILDING. ONLY THE DIRECTOR OR THE SPECIFIC APPOINTEE REPRESEN77NG THE DIRECTOR MAY RELEASE THIS TYPE HOLD. A DH—D HOLD IS DH—D A GENERAL HOLD FOR A SPECIFIC PURPOSE NOT PREVIOUSLY COVERED BY THE PROCEEDING EXPLANATION BELOW. VICINITY MAP L.T.S.) REVISION DATE ASHTON ATLANTA RESIDENTIAL, LLC 1455 OLD ALABAMA ROAD, SUITE 100 ROSWELL, GEORGIA 30076 PHONE., 770.642.6123 SURVEYOR: GUNNIN LAND SURVEYING, LLC 660 SUTALLEE RIDGE TRAIL WHITE, GEORGIA 30184 PHONE: 678.880.7502 ENGINEER: CHRISTOPHER PLANNING & ENGINEERING 280 SET77NDOVW COURT ROSWELL, GEORGIA 30075 PHONE: 770.331.7303 24 -HR. CONTACT: MR. BILL HALE 770.560.3391 SITE DATA OVERALL SITE AREA: 8.202 ACRES PERIMETER SETBACKS., FRONT— 40 FEET SIDE— 30 FEET SIDE (STREET)— 40 FEET REAR— 35 FEET INTERIOR SETBACKS; FRONT— 20 FEET OFF BACK OF CURB GARAGE— 20 FEET OFF EDGE OF WALK SIDE— 0 FT. (14 FT. B/W HOUSES) SIDE (STREET)— 15 FEET REAR— 25 FEET MINIMUM HEATED FLOOR AREA: 2600 SQ. FT. MINIMUM PARKING PER UNIT- 4 SPACES MINIMUM LOT AREA: 5,000 SQ. FT FEMA MAP SITE +'41 kft<4YIF91 k''.6ro e rroa � �ri rea�. RW M ova'. ACCORDING TO THE F.I.R.M. OF FULTON COUNTY, PANEL NUMBERS 131210 0019 E AND 0057 E. DATED JUNE 22, 1998, A PORTION OF THIS PROPERTY IS NOT LOCATED IN A SPECIAL FLOOD HAZARD AREA. iN CURVE TABLE ZONING CONDITIONS CURVE ARC RADIUS CHORD BEARING CHORD TANGENT Cl 66.79' 2829.96' N85*21'29"E 66.79' 33.40' C2 200.41' 2755.63' N83*58'42nE 200,37' 100.25' 1.4 CM 159.70' 2834.96' N77'51'48"E 159.68' 79.87' C4 4.53' 2834.96' N79*25'53"E 4.53' 2.27' cn �c C5 155.17' 2834.96' S77*49'03nW 155.15' 77.60' C6 157.39' 2854.96' S77*55'40"W 157.37' 78.71' Mom C7 0.64' 288.ob' Nl 2*59'06"W 0.64' 0.32' h1to" tiol. vt to,' jii� 0 do- Of 10.78' C8 20.69' 30.00' S06*50'21 "W 20.29' rp C9 27.79' 288.00' Nl 5#48'47"W 27.78' 13.90' C10 32,08' 312.00' N15*37'54 W 32.07' 16.05' $i� AM Cil 50.67' 312.00' N08*02'01"W 50.61' 25.39' 44 oo�woo z b) W C121 18.98' 312.00' N01 *38'1 7"W 18.98' 9.50' C13 10.51' 111.00' S02'49'06"W 10.51' 5.26' IL4 0 47.26' 111.00' N 1 7*43'47"E 46.91' 24.00' ot 0 C14 TW,PA IS Wo, C15 44.45' 111.00, N41*23'57"E 44.15' 22.53' 31tvift"', 0! 0064,4f, ftoi�,APrt .215i"Will clou'r*4 twwlf#w�'S, olto"001toli C16 40.92' 111.00' N63*25'49"E 40.68' 20.69' I by�OW C17 31.22' 111.00, N82*02'51"E 31.12' 15.71' C18 35.73' 111.00' S80*40'26"E 35.57' 18.02' 00to �T � '. 1 1,44 64"bo"' C19 �42.20' 111.00' N60*33'46nW 41.94' 21.36' "�0 OR-,' 1. , 11 1 1 , � - - I J ,,, N Fl C20 �50.96' 111.00, S36*31'1 O"E 50.52' 25.94' NW ThWOM M m 01i M -0y_ too t TR g 3.06' 111.00' Sl 2'15'1 3"E 42.79' 21.80' . . . .. ...... C21 4 C22 2.41' 111.00, SOO*31'05"E 2.41' 1.21' " 0,00fto'', C23 49.57' 30.00' S47*1 9156"E 44.12' 32.55' 4-0 ft�,o C24 53.22' 5437.00 N85*36 17 E 53.22' 26.61' lw *16 o" W-*aw" moo to M04C t twlu-* 0 #w V, 0-W, fw z C25 13.20' 5437.00' N86-0573FE 13.20' 6.60, 1.67' C26 3.34' 5413.00' S86*01'03"W 3.34' 4*11*1��% C27 55.86' 5413.00' S85-42'1 5"W 55.86' 27.93' on i.lift"A."'"'""'"'. 'o -t-, "ro , - - -'s 0 sl fy 40VOY of 4$ .21 urilt 86' 5413.00' S85 W;00.010 i4, dormov".0 W6 C28 55. *06'47"W 55.86' 27.93' 55.00 27.50 C29 55.00' 5413.00' S84*31'35"W MOO, blw L 10 br*,�t4 i dlt* h �-w* C30 56.72' 5413.00' S83*56'06"W 56.72' 28.36' 30.00' Moo 1 `6 C31 60.00' 5413.00' S83*1 9'02"W 60.00' 09, ji pp'* q f rad, M�y sl 00, L wh opok, 30.00' S32*1 2'41"W 46.49' 36.77' C32 53.19' 26.13' 13.08' 4; C33 26.14' 312.00' Sl 6*1 0'36"E X To tbo 000** 0-000nom *Q C34 21.44' 35.001 S31 *1 9'22"E 21.10' 11.07' C35 54.10' 5305.00' N83*20'34"E 54.10' 27.05' C36 54.49' 5305.00' N83*55'45"E 54.49' 27.25' 0 ,Pu, w.-,- w I'll, q 1 1, 0, -will"Wo*, C37 55.00' 5305.00' N84*31'1 YE 55.00' 27.50' Ow km F -T rum 0',to 1.40 0010-010 "It T- 27.37' t -- a ysW,- -,be wim C38 54.74' 5305.00' N85#06'47"E 54.74' C39 54,74' 5305.00' N 54.74' 27.37' 85*42'15"E .................. C40 3.27' 5305.00' N86*01'03"E 3.27' 1.64' 5"W 276.32' 138.21' ond , wo '00-m "'o 0) 'ko v "w k* �"Aojmmit 1,605�� M -P-1 C41 276.35' 5305.00' S84032'3 ... JJ Moftv 000 Ite" C42 2.13' 2755.63' N81*55'01"E 2.13' 1.07' �4 ior C43 198.28' 2755.63' N84*00'02"E 198.24' 99.181 C44 48.73' 30.00' S50*34'1 4"E 43.55' 31.65' 0, C45 20.90' 251.90, S01*58'01"E 20.90' 10.46' 15.29' 89.00' 5'01',32"W 15.27' C46� 10 W11, so 7.66 FEW" C47 124.51' 89.00, S50*01'32"W 114.61' 74.89' 0 '56"W 114.61' 74.89' V- Wmilum"A '%$' C48 124.51 89.00 N49*48 baoWdli%or orea shdl IF 7.66' A *4 C49 15.29' 89.00' N04*48'56"W 15.27' C50 44.17' 30.01' N42*1 7'1 VE 40.29' 27.18' C51 78.38' 5437.00' N84*03'34"E 1W i, 1 39.19' 78.38' j "I VE C52 71.06' 5437.00' N83*16 71.06' 35.53' �, Is AW 21.94' I'll '0_0 C53 43.79' 300.00' Sl 4*23'42"E 43.76' 0) Ap sid' Cal C5 4 31.73' 300.00' Sl 5*32'51"E 31.71' 15.88 C55 66.09' 300.00' S06'1 2'23"E 65.96' 33.18' of C56 157.08' 100.0 S45*06'1 8"W 141.42' 100.00' P0 idol obiollcklo0olboord-04 00 "at 4*0 floo"do J, 4 141.42' 100.00' C57 157.08' lor the, I orosvwm ftwlovea6rac 100.00' N44*5342"W J" J`�, :U C58 226.11' 5425.00' S83*40'1 1 w 226.09' 113.070 Z'� 110.93- S85'26'5 55.47' `400 9 C59 5425.00' 8"W 110.93' # 0 A cl.) 00 11" 7V > rAv! 0,04'' v fT, I ' f wf0cmic led Aft *Klt, upedy, F u� 00,1,00,00 0j,"oodf, in bm, a#" �r" 11bo"lio, M*- floo"o" , '4�1 , - to 3, -;41 lolho�owol Pro 4'i A �73 'on w ga, 4 J,* 04 "iliwaybtmo o N wo X�� o 00, nedupome-, suftio*loftd, �'t*p000y p 'p ht a -.0y �jv, Pa ge V,�Mlk% 110- h 0, F WP otm* Al�l OM # WWI 0 R VA, 4 N '00 wo ow,ft 7,0 th SHEET OF OPEN SPACE (C. A.) 14,440 SQ. FT. 0.331 AC. d 0 0 �Page t I , -Deoutv ,te BENCHMARK C8 LID ELEV.=1168.45 RIGHT OF WAY,RESERVE .UNE w (55' FROtN" C 'E HIGHWAY 9) � 30 SA WNE� �LEG,TRI� _ }iyG�iT-OF-WAY ESM T.. 6' CONC. WALK, (D8 18432, PG. 283) • S87'01'52"E T 27.08' Ln k C ®� N i ,;� ° ORIG. R. W. m _ �... c2 -_ C43 �o qq -�-` `-' _----- STRIP _... w 61.779 Cl - - "'- C. A. " ;S,Lp�NDSCAPE C35 o h comm• N66.02®03 E �' - - - _ _ _ - IPF - '^-------.-- _ C41 -- --- C36 C37 SIGN/LANDSCAPE C38 N86'02'07"E 161.71' 0 C39 ESMT•- ---- -- 51.71' 41 25' BSL 55.00 o 55.00' c,s �e cn 0 29 ® -- - I _25° BSL _ ___------- Lo 0 28 cr) N 0 t13 0 OD O a O CP O �n 0 cid C. A. . 0 2 6 0 cr 2 7 o `� - 6,161 so. FT. z 9D q . -11 0.141 AC. o o rri 6, 005 SQ. FT, C. n O % 0 2� o D CD,�� 0 rli 5,940 SQ. FT. 0.138 AC. 1010 9DD 2 3 91 a C? rri 5,9 72 SQ. FT. 0.136 AC. 22 0 w 5 972 SQ FT 0.137 AC. Fl020 / 50' CROSS -ACCESS EASEMENT - FOR FUTURE INTER -PARCEL ACCESS 20' S.S.E. (DB 16589, PG. 233) o cn � w `�'' r" 5,942 SQ. FT. 0.137 AC. 1030 20' BSL -.._ o C,� rri 5,940 SQ. FT. ®.136 AC. _ - --- " �' 5,940 SQ. FT. 0.136 AC._---_ __-- -- -- _ _ W 1050---- 0.136 AC. 1060 - ------ -- W C31-- -- -- w 1070 - - _ _ C3 w L- ^ _ 20' BSL - - _ - - - - - _ _ _ _ W w C28 w C29 TE R.W •) Iv- PFIVA - _ _ (24' _ - -- 51.71 --w -o NE - ` -'- V ESM f 18' FN W W - 55.00' UT11-11r'V cy �_ �, (50�. ACCESS/ 552 "_.--- LSC.{ G _ - W x"55.00 ---8� 659 �'a C51 ss cn _ --- -�" z ;- .- N86'02'07"E _ _ _� - - C, - SS �3�s ss s. ss (- - - -15' BSL C24 41.80' -- C25 __ C'�,� , �- -15 BSL 64.79'102574-50' / 1025 74.50' i � 8,209 SQ. FT. _.._. - _. - v, - - - ` - - I ,�� 1 7,092 SQ. FT. ¢ o 0.188 AC. IPF -`� - - - - - - - - 20' BSL - PROP. 5' SIDEWALK e I /a 0.163 AC. I p e - - (2' OFF BACK OF CURB)I I 20 PRIVATE D.E. I m v>) CID I Z9 �+� \ 1045 1035 I I ! Qo) 0 I © 44 e e � 5 �4 C.A. 105 iso \ C. r1. 0 8, 338 SQ. FT m I 5,727 SQ. FT. 0 0. i 91 A C. o � 1 N o 0 6, 745 SQ. FT. 0 0.131 AC. U; � \ s C: 0 0.155 AC. 0 �; �! 1 105.00' I I S89°53'42"E �� � 19 '! r< J 2� W w ( N89.53'42"W 105.00' N I I I j \ \ I rl- 1 5,775 SQ. FT. I 5,775 SQ. FT. 0a� 25' BSL _ - - J 44' i 0.133 AC. aol I 0.133 AC. --- o �J \ co e - __ _ 18'RCP w. I ( o ! V) OPEN SPACE (C.A.) `� 20PRIVATE DE 11 78.35 , ► PROP. 5' SIDEWALK I I I I PROP. 5' SIDE ,0 ' e 4,223 SQ. FT. 55.00' 2�, (2' OFF BACK OF CURB) I I (2' OFF BACK 0 64.79' 0.097 AC. �'J, \ 586'02'07"W -198.14° °AC,p I 105.00' 1 I I 589'53'42"E \ w I N89°53'42"W 105.00' _j I I 1 uj 1 I 1 e \ \ 8,930 SQ. FT. I 0Iq Q I 0.205 AC. 1 Q o j o I N ( 5,775 SQ. FT. ( I �I I 5,775 SQ. FT. s \ - oq (D 0 0 0.133 AC. Q I - 0.133 A C. f i Lr)z I Q I o 32 I a� �o� I 37 to 0 I V)l I 159.29' 1 I ( f I ZO \ 0 � A J 30 15 0 30 60 90 N 1 i 1 "=30' I N89'53'42"W \b:"\ lrd�, IPF w 0 w OD �1 7,347 SQ. FT. 0.169 AC. 17 HZO:: S89'53'42"E 120.53' 6,228 SQ. FT. 0.143 AC. 16 i� 105.00' N 89 °53' 42"W 5,775 SQ. F7. 0.133 AC. 33 105.00' N 89 °53'42"W 5,768 SQ. FT. 0.132 AC. 589'53'42"E II 105.00' 5,775 SQ. FT. 0.133 AC. 3fi S89'53'42"E 105.00' 5,768 SQ. FT, 0.132 AC, SHEET OF 3 8 SHEET INDEX G I I7057 I RIGHT OF WAY RESERVE LINE' (55' FROM C.L. HIGHWAY 9) � I C. WALK OW C.L. BENCHMARK CaN ��__-- �S S - s' coNc�. WALK WALK E CB LID ELEV.=1168.45 n ���' - A 7 r ' �. N69031'29"E ������� 1C�� 31.10 OR- Y _ 00 \�I�.� �, 1 d • A ,� e ORIG. R.W. rs �� _ f'' C5 CAP' r� 2iP - cv rn i,a 30' SAWNEE ELECTRIC \ - RIGHT-OF-WAY ESMT. S87'01'52"E �- (DB 18432, PG. 283) 27.08' i 51.71' 43UC6 G7 l SCp pE ESMT. SIGN/LANG 40' KROBOT WA's' I n _ 15 LA (24PRIVATE R.W.) i — - _ — — ---C41 — - C36 �� ` (50' ACCESS/IJTILIT' ESMT.) �– — C37 C38 SIGN/LANDSCAPE C39 0 Z , W 26 oa ' o aoo 2� oma, o �... / o c? rn 5,972 SQ. FT ' 5,972 SQ. FT 0.137 AC. ' 5,942 SQ. FT. 0.137 AC. 0.136 AC. 1040 1050 - 1060 _-- - — - —C27w C28 w w -�, � _-- N 51.71' W cr LEG&Cy LXNE — p - SS 35S SS SS S° - C25 C24 41.80'- C2,� i _ —PROP. 5' SIDEWALK 20 BSL (2' OFF BACK OF CURB) 1045 1035 I z 8, 338 SQ. FT. 0 5,70.13i27 QACT ow 0.191 AC. q mi 20 1 L4 I cn rn i 25�BSL —_J�1 44' 20 PRIVATE D. E• 18"RCP 78.35' 55.00' I �A'A 198.14' _ SB6°02'07'W --- ro \� 8,930 SQ. FT. \ 0 0.205 AC. co I P �—. 18 n cv s � I � \ \� 159.29' I i ESMT. _ — ` ,P, 0 10,045 SQ. FT 0 00.231 AC. I --- 25'_8 -- _ o a'• I 135.80' o , 50 579'36°18"W 29 24' i 0 Q 28 co 0 00 r' \ PROP. 5' SIDEWALK { n U7 o P 6,161 SQ. FT. a' o_ ` , (2' OFF BACK OF CURB) I a 0.141 AC. ry I 6,005 SQ. FT. C. A. 0 o C 5,940 SQ. FT. 0.138 AC. N N 6, 871 SGS. FT. 0.136 AC. 1010 / 1` 0 0.158 AC. � 20' BSL _ — — — G� O , 119.69 — — — — — — — - , S79•36'18"W ___-- w C31 w w ` C30 _ I - (24' PitIV—A rF R"W,} _ X58 (4 SNIT •> 3 - - Uf IL O ACCESS/ I'fY E C52_ 6,593 SQ. FT. C51 0I 0.151 AC. N 15' BSL I \ v, �' i i 110 72' / —15 BSL 8,209 SQ. FT. I U (b 7,092 SQ. FT. I 'a 0.188 AC. 6'37'07"W ao Li I0) 0.163 AC. I o i !! o I a CDo 20' PRIVATE D.E. Im I cn ml 39 ' co I i I o �' I I® 3� co - � 1 �v I I N ILq v 22' � 6,131 SQ. FT. ► I 0.N I II I I i I 141 A C. S89°53'42 "E i I I 105 00' piss Q8) N89'53'42"W I I PROP. 5' SIDEWALK -- (2' OFF BACK 5,775 SQ. FT. P I I 0.133 AC. �I OpI I I Ln I { { Igo Ln ,Q W Ln ac zLd } o �! N- PROP. 5' SIDEWALK i CL (2' OFF BACK OF CURB) � 105.00' ti 18"RCP 109.93' 20' PRIVATE D.E. N89'53'42"W-7 � I I i I � 1— i 5,775 SQ. FT. I _aV89°53'42"W 0.133 AC. � o I { a 32 I n. (Q of unil I I ® o c' c' i ► I I I cI , I Ln O N G I I7057 I RIGHT OF WAY RESERVE LINE' (55' FROM C.L. HIGHWAY 9) � I C. WALK OW C.L. BENCHMARK CaN ��__-- �S S - s' coNc�. WALK WALK E CB LID ELEV.=1168.45 n ���' - A 7 r ' �. N69031'29"E ������� 1C�� 31.10 OR- Y _ 00 \�I�.� �, 1 d • A ,� e ORIG. R.W. rs �� _ f'' C5 CAP' r� 2iP - cv rn i,a 30' SAWNEE ELECTRIC \ - RIGHT-OF-WAY ESMT. S87'01'52"E �- (DB 18432, PG. 283) 27.08' i 51.71' 43UC6 G7 l SCp pE ESMT. SIGN/LANG 40' KROBOT WA's' I n _ 15 LA (24PRIVATE R.W.) i — - _ — — ---C41 — - C36 �� ` (50' ACCESS/IJTILIT' ESMT.) �– — C37 C38 SIGN/LANDSCAPE C39 0 Z , W 26 oa ' o aoo 2� oma, o �... / o c? rn 5,972 SQ. FT ' 5,972 SQ. FT 0.137 AC. ' 5,942 SQ. FT. 0.137 AC. 0.136 AC. 1040 1050 - 1060 _-- - — - —C27w C28 w w -�, � _-- N 51.71' W cr LEG&Cy LXNE — p - SS 35S SS SS S° - C25 C24 41.80'- C2,� i _ —PROP. 5' SIDEWALK 20 BSL (2' OFF BACK OF CURB) 1045 1035 I z 8, 338 SQ. FT. 0 5,70.13i27 QACT ow 0.191 AC. q mi 20 1 L4 I cn rn i 25�BSL —_J�1 44' 20 PRIVATE D. E• 18"RCP 78.35' 55.00' I �A'A 198.14' _ SB6°02'07'W --- ro \� 8,930 SQ. FT. \ 0 0.205 AC. co I P �—. 18 n cv s � I � \ \� 159.29' I i ESMT. _ — ` ,P, 0 10,045 SQ. FT 0 00.231 AC. I --- 25'_8 -- _ o a'• I 135.80' o , 50 579'36°18"W 29 24' i 0 Q 28 co 0 00 r' \ PROP. 5' SIDEWALK { n U7 o P 6,161 SQ. FT. a' o_ ` , (2' OFF BACK OF CURB) I a 0.141 AC. ry I 6,005 SQ. FT. C. A. 0 o C 5,940 SQ. FT. 0.138 AC. N N 6, 871 SGS. FT. 0.136 AC. 1010 / 1` 0 0.158 AC. � 20' BSL _ — — — G� O , 119.69 — — — — — — — - , S79•36'18"W ___-- w C31 w w ` C30 _ I - (24' PitIV—A rF R"W,} _ X58 (4 SNIT •> 3 - - Uf IL O ACCESS/ I'fY E C52_ 6,593 SQ. FT. C51 0I 0.151 AC. N 15' BSL I \ v, �' i i 110 72' / —15 BSL 8,209 SQ. FT. I U (b 7,092 SQ. FT. I 'a 0.188 AC. 6'37'07"W ao Li I0) 0.163 AC. I o i !! o I a CDo 20' PRIVATE D.E. Im I cn ml 39 ' co I i I o �' I I® 3� co - � 1 �v I I N ILq v 22' � 6,131 SQ. FT. ► I 0.N I II I I i I 141 A C. S89°53'42 "E i I I 105 00' S89 53 42 E 1I 109,93' I 105.00' FFH I y KRO B OT WAY I I 5,775 SQ. FT. 0.133 AC. Q8) N89'53'42"W I I PROP. 5' SIDEWALK -- (2' OFF BACK 5,775 SQ. FT. P I I 0.133 AC. �I OpI I I Ln I { { Igo Ln ,Q W Ln ac zLd } o �! N- PROP. 5' SIDEWALK i CL (2' OFF BACK OF CURB) � 105.00' ti 18"RCP 109.93' 20' PRIVATE D.E. N89'53'42"W-7 � I I i I � 1— i 5,775 SQ. FT. I _aV89°53'42"W 0.133 AC. � o I { a 32 I n. (Q of unil I I ® o c' c' i ► I I I cI , S89 53 42 E 1I 109,93' I 105.00' FFH I y KRO B OT WAY I I 5,775 SQ. FT. 0.133 AC. Q8) I I PROP. 5' SIDEWALK -- (2' OFF BACK OF CURB), S89'53'42"E I 105.00' 5,775 SQ. FT. 0.133 AC. �7 d- 0 55.8 1TO BSN SUNF METAL FENCE "--OPEN SPACE (C.A.) 3,152 SQ, FT. 0.072 AC. U 44 1 (22' PRIVATE R.W.) O W 101 1 (44` ACCESS/UTILITY ESMT.) Q c0 O o o I- o ( I a nio I Ln ( Ln ,Q W Ln ac zLd 03 (cv 6,266 SQ. FT N- CL ® -0_144 AC.— � � ti 18"RCP 109.93' 20' PRIVATE D.E. -- � I 1— _aV89°53'42"W � I o s� c' c' >6 ' I q I Ln O N I I 6,266 SQ. FT. fl lAA A 55.8 1TO BSN SUNF METAL FENCE "--OPEN SPACE (C.A.) 3,152 SQ, FT. 0.072 AC. U z O W Q O (n W = w ac zLd 03 N- CL d -- 4 4 h'�i � Zai �ccq T N TIM 1Fw�1' eh A Qx� Iw�9 �n SHEET OF 4 8— <11 W 00 �Wh O N 0 SHEET OF 4 8— SHEET INDEX 159.29' N 89'53'42"W 1'53'42"W 30 15 0 30 60 90 75 SQ. FT 0.133 AC. 1 "=30' 31 78.35' f PROP. 5' SIDEWALK ___-- T (2' OFF BACK OF CURB) 105.00' I Iw � N89'53'42"W , 0.132 AC. , 1 FH I r vol I to of I 35 I I I 0 f 1 8 p 01 N Q , 5 I I 5, 775 SQ. FT. o N( Q ail 0 0 V I 0.133 AC. a, 103 69' 1i v I - 0.144 AC. .� I o PROP. 5' SIDEWALK I (2' OFF BACK OF CURB) I I �m 0i MAF!! 11 uQ v ol; 105.00' � I 5,775 SQ. FT. I I 1 I I I I 0.133 AC. I 0.144 AC. 37 flus_ of I� I a N89°53'42"W ( I 1 I Loi Lo 0 0 I I � - S89'53'42"E f 1°42"E •_i 105.00' I 159.29' N 89'53'42"W 1'53'42"W 30 15 0 30 60 90 75 SQ. FT 0.133 AC. 1 "=30' 31 78.35' f PROP. 5' SIDEWALK ___-- T (2' OFF BACK OF CURB) 105.00' I Iw � N89'53'42"W `-1°% \ 7,347 SQ. FT. 1 \ 0.169 AC. IPF -> 17 S89'53'42"E 120.53' 6,228 SQ. FT. �1 I I W I a �105.00� W N89°53'42"W o H I I 5,775 SQ. FT. 4R, I 0.133 AC. Lo 1.! I w 0. ca 33 u I � I to 0 0 int � I� I II i 105.00' ® I N89`53'42"W I0 21 u5 0 �Lo 0I 0 105.00' 4 0.143 AC. , 0.132 AC. , 1 FH I r vol I to of I 35 I I I 0 f 1 8 p 01 N Q , 5 I I 5, 775 SQ. FT. o N( Q ail 0 0 V I 0.133 AC. a, 103 69' 1i v I - 0.144 AC. .� I o PROP. 5' SIDEWALK I (2' OFF BACK OF CURB) I I �m 0i S89'53'42"E i I I `-1°% \ 7,347 SQ. FT. 1 \ 0.169 AC. IPF -> 17 S89'53'42"E 120.53' 6,228 SQ. FT. �1 I I W I a �105.00� W N89°53'42"W o H I I 5,775 SQ. FT. 4R, I 0.133 AC. Lo 1.! I w 0. ca 33 u I � I to 0 0 int � I� I II i 105.00' ® I N89`53'42"W I0 21 u5 0 �Lo 0I 0 105.00' 4 0.143 AC. , 0.132 AC. , 1 FH f 0� 5,775 SQ. FT. I I of I 35 I I � 0.133 AC. p 1 Q , 5 I 38 Q ail i V o a, 103 69' 1i v I - 0.144 AC. .� I o PROP. 5' SIDEWALK I (2' OFF BACK OF CURB) I �m 0i S89'53'42"E i ol; 105.00' � I 5,775 SQ. FT. I I 1 I I I I 0.133 AC. I 0.144 AC. 37 o i Am 109.93' I a N89°53'42"W ( I 1 I Loi Lo 0 0 I I � - S89'53'42"E f 1°42"E •_i 105.00' I n 0.136 AC. ( I 109.92' I 5,775 SQ. FT 0.133 AC. � 36 o ml t n ` . 0 �I N I O S89'53'42"E I all1 �D CTI 1 I I f I i 105.00CID ► 4 , + � 7 6 � I ? I I I 0 I I 5, 768 SQ. FT 1 I 5,768 SQ FT I °.o° I [] i I N 1 , 0.132 AC. , I 0.132 AC. o I °r.' i kIljo f 0� f I L of I 35 I I I { p 113.02' Q , 5 I I 1 w' I 1 V 103.69' S a, 103 69' 1i v I - 0.144 AC. .� I o 187RCP 109.93' 20' PRIVATE D.E. N89'53°42"W �m 0i i ol; � 6 I IaJ I � I I 1 I I � I 6,266 SQ. FT. 0.144 AC. Am 109.93' N89°53'42"W ( I 1 i I i I o I I o I ! 0 0 n ss ss 1 •_i I 1 5,936 SQ. FT I I n 0.136 AC. ( I 109.92' I I � t n ` i O �D GnW UD Jil ®� co tv N ll f I 1 IPF LTON MON. F410 • 1499849.53 2263255 14 2� f Lo f � , 0.132 AC. , I 0.132 AC. o I °r.' i kIljo f 0� f I L of I 35 I I n S89 53 42 E C22 ' I u�w I ( 113.02' Q , 5 I I 1 w' I 1 V 103.69' S a, 103 69' 1i v 44' 0 I� M Q 1� M O N 1jk I 1 0 �i N 89 °53' 42"W rEi O I I KROBOT WAY 1 kIljo (22' PRIVATE R.W.) 0.143 AC. I (44' ACCESS/UTILITY ESMT.) 0 Q , 5 I 0 Lo � I N 6,266 SQ. FT. I I I - 0.144 AC. .� I o 187RCP 109.93' 20' PRIVATE D.E. N89'53°42"W I ol; � 6 I IaJ I � I I 1 I I � I 6,266 SQ. FT. 0.144 AC. Am 109.93' N89°53'42"W ( I 1 i I i I o I I o I ! 0 0 n 1 •_i I 1 5,936 SQ. FT I I n 0.136 AC. ( I 109.92' I I 1 0 �i N 89 °53' 42"W rEi O kIljo 6,236 SQ. FT. 0.143 AC. i 6,231 SQ. FT. j ' FN S89°53'42"E / / 110.92' - 0.143 AC. N , ` 207.38' N84'28'06"W f 1 5 0 2yr Q /p N66'38'01 noo ` , \ �� RCP � I I �' �_ 0 • 20.00' PRS PROP. 5' SIDEWALK `�~ ��' v I I '` �8A aip 9,047 SQ. FT. - _ 95.86'.0- / 0 0.208 AC. � PARK AREA (C.A.)°°° Q. s • �t82'03'23'E � �� _____� . SS 12,109 SQ. FT / / S SS ss. 0.278 AC. w 20' PUBLIC S.S.E. G � I wa, o \ 1075 / M /�;'� ,8�c \ Lo ENTIRE DETENTION ® �c-o ®� M O 4, s LOT SHALL SERVE AS \ 32.00 M o ° �Nao IP 32.00 EASEMENT 2 \ � I N89°53'42"WGtr' 14,344 SQ. FT.1. �oJi4� DETENTION e\e ~ � C18-- 18,89' ' C17 / ��.0.329 AC. \ 13.11 "1 LOT (C.A.) zQ.ese _- T 110 jo '� b 19,339 SQ. FT. 0.444 AC, PROP. 5' SIDEWALK /I 1130 1120 (2' OFF BACK OF CURB 25 YR. PONDING ELEV. =1145.03 100 YR. PONDING ELEV. =1145.83 w 00 0 r~ 24-RCOCSo a r� 0 104.17' L.L.L. 6,899 SQ. FT. 0.158 AC. 6,240 SQ. FT 0.143 AC. 14 N o °° :-0 13 0t2 0� z 35' BSL 54.02' N88'17 W (A `L6 -- v 30"CMP - 1 L TON MON. F310 -1498534.41 -2263346.17 NOW OR FORMERLY BALASUBRAMANIAN & CHI TRA SUBRAMANIAN (LOT 17) 20' PRIVATE D.E. 10,170 SQ. . 0.233 ACC. I 7,247 SQ. FT 0.166 AC. 0 11 a�� QI 12 w 00 / °' ,s ( Lo 20' PUBLIC D.E. Q 35' BSL/_ I 24"RCP -''--- --- ------ / 4 L.L. 758 „G� 75 7 54.02' 79.10' N 109.92' 45.10' 30"CMP 30"CMP 30"CMP 20' D.E. (PB 204, Pc NOW OR FORMERLY v NOW OR FORMERLY 1 PETER L. CRAHAN SANKAR ARUNACHALAM & , NOW OR FORMERLY L.L. (LOT 18) JEYASHREE KRISHNAMOORTHY MICHAEL L. & MARY ANN COLE 827 LAKE LAUREL - PHASE /I (LOT 19) (LOT 20) (PB 204, PG. 39) SHEET OF 5 8-- BENCHMARK ONC,. WALK-- �'-"'" S p�� CS LID ELEV.=? 168.45® V f . ... ......... . ... ... .. . ..... Ns jj9 LJG"WN-z) j-� G'v N69'31'29"E t) -MN 19) 31.1 7r RIG. R -W' - S87*01'52"E 27.08' -c2' ,,--KROBOT WAY N 023"E 1181.77' ci (24' PRIVATE R.W.) 86-'0(50'ACCESS/UTILITY ESMT.) 29 @28 0 27' SSMH 8 LEGACY LANE STA. -8+20 123*2424-" oo� 23TOP-1170.78 I.� ` � 22 � (24' PRIVATE R.W.) OUT -1162.53 OPEN SPACE SSMH 2.2 (50'ACCESS/UTILITY ESMT.) 144' 1+14 (C.A.) STA. -5+24 83' TOP -1157.100+42 45' OUT -1149.61 0+98 1+52 35' rJ 250 29' SE CO. 26, 20' - sq CO. 10415'13" m S88°45 57" 201.75' 30*6'49"_--_' 0+61 ss � 133'53'40" 91"17 33" 125*32'58" - SSMH 7 SSMH 2.1- 20' PRIVATE D.E. STA. -6+67 30' -3"TA.-3+22 90*21'6" TOP -1158.77 1+38 TOP- 1159.72 Ln 6' IN -1144.95 --,I IN -1147.67 e --,N (30) OUT -1147.57 2OUT-1144.73 -0 0+09 0+12 28'21' 4 24' 2+561 20' S.S.E. 0 20 19 18' q 171 *1 9'3 (DB 16589, PG. 233) \ 1 I 20' PRIVATE D.E. 38 1 1+84 12+28' 4 1+23'78 23 20' PRIVATE D.E. OPEN SPACE (C.A.).� \� a ,8 I �� � i Q 1 2 rN -1500983.16 E-2267309.31 'N SPACE (C.A.) HORIZONTAL DATUM IS NAD 83, GA WEST ZONE, US SURVEY FEET. VERTICAL DATUM IS NAVD 88. 0 FULTON COUNTY LDP# 071111 0 "a 1 1 c� 1+65 > \\ �4+7 cli n 17' Qabs _ ' _+25 0) h \ 0. \ 24' SN KROBOT WA290 1 1+2 3 WAY 29 to 2' PRIVATE R.W. KROBOT WAY (44\A C ESS/UTILITY ESMT.) (22' PRIVATE R.W.) i� tio ACCESS/UTILITY ESMT.) (44'ACCES uj 1+16 I 33 1 3g - 1 11+10 c*4 cn 17' 30, 0+�8 I 0+�l -cc 0- 21 0 25 uj C� I co TrwN 04 021) lo� 1.0 co O I vii 1 I ►� I $ o ui rri 0+63 (34) co 0 0 16' p M '-)' r<) %I ii SSMH 2 0+55 0+16 a 0 LA Ila c� STA. -1+60/ 0+0 1 31' 0+12 26' SSMH 6 o 11.3 UL 22' 1:1 P Ln C� TOP -1147.79 148 3'16" STA. -4+42 IN -1 ol TOP -1151 142.96 .53 IN -1138.08 (SSMH 3ATE f IN -1 138.03 (SSMH 2.) 1) OUT -1137.910 OUT -1142.76 a 97*46'30" 102-8p,"" SSMH 5 /0+54 0+ 9 STA 3+71 15 ' 29' PARK AREA TOP 1150.45 133*58'51" SSMH 1 *33'6" 91 (C.A.) IN -1142.20 DOGHOUSE EX. LINE a se 'a OUT -1142.02 STA. -0+00 ss/4--1 TOP -1146.36 N76*58'20"W A16S 143*56*19" IN -1136.02 (NORTH) 32.54 :�151 I\ 1 50 25 0 & a7�'pl 1 50 100 150 oc IN -1136.50 (SSMH 2) 937t4m 20' PUBLIC S.S.E. ss• '44 5' S32*29'56"W N OUT -1135.96 137 25 co S83*06'27"W 0+19 70.72' 160.22! SSMH 3 28' 30 STA. -1+93 SCALE IN FEET :Z1 TOP -1147.80 U+fu IN -1138.48 0+68 0+22 31' OUT -1138.36 30' 29' SSMH 4 DETENTION 5TA.-2+77 LOT (C.A.) 14 TOP -1148.93 IN -1140.84 11 Sj OUT -1140.73 20' PRIVATE D.E. FRNN 20' PUBLIC D.E. /72N L.L. L.L. 758 757 FULTON MON. F410 -17'46 -W N-1499849.53 N88 446.33' -2263255. fLIL-N E .14 0 k82JI '_- v',56 N-1500269.16 --t E-2267307.96 140OS ' FULTON MON. F310 LL. N-1498534.41 d 827 828 E-2263346.17 LAKE LAUREL - PHASE It (PB 204, PG. 39) SHEET OF 6 8 u QJ > :3 z L'r) cq 0 C/D SHEET OF 6 8 u > :3 (75 SHEET OF 6 8 OPEN SPACE (C.A.) WV ► BENCHMARK coNC. 'NALK CB LID ELEV.=1168.45 i �E, S j�S Sj� ► c% A IIG�W �YIGHW9 69.31'29"E - GE®jZG �A.I�.A• co'H GG�]AY 1 31.1 G3 a r18' RCP �.��.A �.S. RIG. RAW ---- ` - S87'01'52"E 27.08' w� _----- - "C2� N86.02'03"E 181.77' C1 STR. C2 (DWCB STA.- 0+33 \ 29 STR. Cl ( Z STA.- 0+000 OUT -1165.43 TOP -1168.98 0 27 TOP -1168.63 26 1IIN-1165.13 2a � 22 23 24 OUT -1165.13 LEGACY LANE • rn 25 (24' PRIVATE R.W.) { STR. 82.5 (50' ACCESS/UTILITY ESMT.) I (SWCB) STA. -5+87 N TOP -1156.16 - ---- OUT -1150.01 STR. B2.2.2 (SWCB) 20' S.S.E. \ STA.- 1+50 TOP -1160.72 OPEN SPACE OUT -1154.60 STR. B2.4 (DWCB) STA. -5+05 \ TOP -1154.48 \ \ \\ _ IN -1148148..411 18»RCP �---- OUT -1148.32 STR. B2.3 (YI)\\ �� PRIVATE STA.- 4+45 2 cps \,yam \\ E ) N TOP -1150.59 WEIR -1149.79 IN -1147.08 o \, OUT-1147.06r'pj� ® \ �� a 10' PRIVATE D.E. I ,o ��. KROBOT WAY I ' 2PRIVATE R.W.) DETAIL #1S(N. T.S.) (44' C ESS/UTILITY ESMT.) ,I<--5.0' TOP-1147.00- TOP- 1145.1 - (INT. OP-1147.00- TOP-1145.1- (INT CONC. WALL) 18" WIDE WEIR -1141.50 - 6 "PVC(IN) INV. -1139.05 - (SEE DETAIL #2) 1.00 INTERIOR 6" CONC. WALL I (SEE DETAIL #3) 0 n STR. 131 15 (HW) STA. -0+00 OUT -1138.98 HALF -ROUND 36"CMP TRASH RACKS'Er-" 4 RCP (OUTLET WEST) IV. -1139.50X56 4"ORIFICE IN INTERIOR WALL SS Rc IV -1139 45 ENTIRE DETENTION /4N _ 'LOT SHALL SERVE AS \ L 24"RCP (OUTLET EAST) foo t DRAINAGE/ACCESS /2q. RCP / � , 20 PRIVATE D.E. \ SPARK AREA (C.A.) 41 �--- KROBOT WAY (24' PRIVATE R.W.) (50' ACCESS/UTILITY ESMT.) O V co v 5 6. STR. B2.2.1 (SWCB a�V alb B STA.- 1+11 I 20' PRIVATE I TOP -1161.09 IN -1153.72 30 39 D.E. n OUT -1153.72 I I 20' PRIVATE D.E. I STR. Al (JB) STR. B7 (SWCB) INV. -1139.50 E-2263346.17 t STR. B2.2 (SWCB) STA. -4+22 STA. -1+09 ' TOP -1138.65 i�(OGT 2+61 / 0+00 I I TOP -1155.85 TOP -1140.43 IN(W)-1128.53 --l"STA.- TOP -1155.31 IN -1149.30 STR. 85 (SWCB) IN-1145.29 (B2.3) 31 3$ OUT -1149.29 IN -1138.90 STA. -2+25 / 0+00 IN -1145.26 (82.2.1) 1 o TOP -1151.31 IN -1144.34 (136) 8 OUT -1145.04 OUT -1126.23 IN -1144.28 (85.1) OUT -1143.94 tZ STR. B2. i (SWCB) STA. -2+32 Q� STR. B6 (SWCB) ( I I TOP -1,154.13 32 TOP -1153.64 37 IN -1147.16 a0 IN -1144.58 N OUT -1144.57 0l I OUT -1146.68 4 33 I Q II I 36 a I � U B4 (YI) � ISTR. STR. 83 STA. -1+33 $ (DWCB) 5TA.-0+43 34 ( TOP -1149.59 � WEIR -1148.76 TOP -1148.15 IN -1141.64 35 IN -1140.53 OUT -1141.62 OUT -1140.49 'LOT SHALL SERVE AS \ L 24"RCP (OUTLET EAST) foo t DRAINAGE/ACCESS /2q. RCP / � , 20 PRIVATE D.E. \ SPARK AREA (C.A.) 41 �--- KROBOT WAY (24' PRIVATE R.W.) (50' ACCESS/UTILITY ESMT.) O V co v 5 6. FULTON MON. F310 --� 20' PRIVATE 24" D.E. n !' (OUTLET WEST) :. KROBOT WAY STR. Al (JB) (22' PRIVATE R.W.) INV. -1139.50 E-2263346.17 t 6 (44' ACCESS/UTILITY ESMT. STA. -1+09 ' TOP -1138.65 i�(OGT STR. A2.3 (JB) STA. -3+43 LAKE LAUREL -PHASE 11 (PB 204, PG. 39) TOP -1140.43 IN(W)-1128.53 IN(E)-1131.80 " 6 CONC. WALL (TW -1145.1) •3p <�� TOP -1149.60 STR. 85 (SWCB) IN(A2.2)-1.80 132.55 W/ 24 -ORIFICE (IN 139.45) F`9 S� IN -1138.90 STA. -2+25 / 0+00 IN(NE)-l11 OUT -1131.70 o TOP -1151.31 IN -1144.34 (136) 8 OUT -1126.23 IN -1144.28 (85.1) OUT -1143.94 1 I INV. -1139.30v EASEMENT PVC N n °° -.__ _- STR. 85.1 DETAIL #2 (N. T.S) I o DETENTION STA. -0 18 / c0+00 STA. -0+24 6 -PVC (CAPPED)*v I TOP -1147.76 (JB) TOP -1151.26 TOP -1142.03 LOT (C.A.} STA. 1+54 II IN -1139.84 (83) TOP -1154.09 IN -1145.05 STR. A3 (OCS) IN -1139.86 (B2.1) IN -1136.84 OUT -1145.05 c`n o STR. A4 (HW) 24»RCp (SEE DETAIL) OUT -1138.98 6"PVC co` STA. -0+00 STA. -0+50 OUT -1136.74 l 11 lINV.-11,39.05� 9.05 - Ln OUT -1139.04 � 14 13 n12 25 YR. PONDING ELEV.=1145.03 20' PRIVATE D.E. 758 n 1 100 YR. PONDING 24"RCP V!aj INT. 6'" CONC WALL � I 4 ELEV. =1145.83 � cc DETAIL #3 (N. T.S) - ` - - - - �- FACE OF FULTON MON. F410 " N STR. WITH "' N-1499849.53 N88'17 46 W ORIFICES ". L.* E-2263255.14 y o i�� �. 446.33' AND WEIR 827 - w 6^� 25 � ` ► 20' D.E. (PB 204 PG3_ :... co v 5 6. FULTON MON. F310 --� 24" !' (OUTLET WEST) :. N-1498534.41 STR. Al (JB) ! STR. A2.1 (JB) INV. -1139.50 E-2263346.17 t STA. -0+00 STA. -1+09 ' TOP -1138.65 i�(OGT STR. A2.3 (JB) STA. -3+43 LAKE LAUREL -PHASE 11 (PB 204, PG. 39) TOP -1140.43 IN(W)-1128.53 IN(E)-1131.80 " 6 CONC. WALL (TW -1145.1) •3p <�� TOP -1149.60 IN(NE)-1134.93 4.93 IN(A2.2)-1.80 132.55 W/ 24 -ORIFICE (IN 139.45) F`9 S� IN -1138.90 IN(NE)-l11 OUT -1131.70 OUT -1138.75 OUT -1126.23 N-1500983.16 E-2267309.31 :N SPACE (C.A.) STR. 08; (YI) STA. -5+24 TOP -1155.44 WEIR -11154.65 OUT _ 1 150.47 Q v o� � ®® �N 02 q� Q 0 STR. B5.2 (YI) STA. -1+45 TOP -1150.24 WEIR -1149.44 OUT -1146.28 20' PUBLIC D.E. al HORIZONTAL DATUM IS NAD 83, GA WEST ZONE, US SURVEY FEET. VERTICAL DATUM IS NAVD 88. 11 W Z N N55 01'33"E 31.42' 18.78' L.L. L.L. 758 C'Q 757 25.72'- "'t_� ► N-1500269.16 ► E-2267307.96 L.L. 827 P %!28 f 50 25 0 50 100 150 SCALE IN FEET E SHEET OF EXIST, WATER MAI Nr FH 8"W3 wv BENCHMARK C'ONC• WALK 8"DIP IN STEEL CB LID ELEV.=1168.45-1 AS14 CASING ( Y50') UNDER 0 ROADWA WAS c, 14IG14 N69*31'29"E GEORGIA- (x.j" N. C GViW1�Y 19) 31.10' . . . . ...... ... c3 111 00 S87*01'52"E C ORR-W "a 27.08' N86'02'03"E 181.77' - -C2 WM KROBOT WAY cl (241 PRIVATE R.W.) (50'ACCESS/UTILITY ESMT.) { 29 \ , 26 WM Ln 'o 28 t1t 9 J" COPPER SERVICE LINE LEGA• 22 0CY IANE (TYP. SHORT SIDE) wm N SPACE (241 PRIVATE R.W.) CJ C.A.) 8" DIP (50'ACCESS/UTILI'rY ESMT.) WATER Wm_ 8 -WV MAIN WM FH & WM WM WV VALVE WM WM 1" COPPER SERVICE LINE 8 WV 8"Wv (TYP. LONG SIDE) 4 WM THRUST 20' PRIVATE D.E. BLOCK.. LOCKWM WM WM 1" COPPER SERVICE LINEI 3® 1A 20' S, S. E. (TYP. LONG SIDE) WM -LWM (DB 16589, PG. 23-3)o 20 19 I 0WM t FH & 7WM ! I �' COPPER SERVICE LIN q VALVE 20' PRIVATE D.E(TYP. SHORT SIDE) I ffij I o OPEN SPACE (C.A.) S 20' PRIVATE D.E. WM wMwM cm WM Nc Et atro��� o \ \ �� \ \ WM r .II ! I Q KROBOT WAY o M 2' PRIVATE R.W 8" DIP m KROBOT WAY (44 C ESS/UTILITYESMT.) WATER MAIN ■ (221 PRIVATE R.W.) 33 36 I (44ACCESS/UTILITY ESMT cz m WM (D T M I I rc (3) fo� WM I —+-- (p M � ,., i�I 16 I � ; i OD 8" DIP I � � wl COO Zcn ' I I p �m -j P I I WATER o cA WM MAIN G) rQ1 at ta tw- *1 cn 0 97 . cn WM wm FH &o f p �n VALVE 20, Pf?l ATS WM 4- PARK AREA M O N ss WM 20' PUBLIC S.S.E. IS i Iii � -� � cl WM WMWM WM 10 DETENTION LOT (C. A.) 14) b 0 N-1500983.16 �rE-2267309Z1 :N SPACE (C.A.) C'� HORIZONTAL DATUM IS NAD 83, GA WEST ZONE, US SURVEY FEET. VERTICAL DATUM IS NAVD 88. G O 20' PRIVATE D.E. 12 L L 20' PUBLIC D.E. 7580 FULTON MON. F41 %�5 J7 N- 1499849.53N88*1 7'46" W E-2263255.14 446.33' N OD 0269.16 E-2267307.96 0 50 100 /oLo 50 25 N-150 FUL TON MON. F310 N-1498534.41 150 E-2263346.17 827 828 SHEET OF LAKE LAUREL - PHASE 11 J 1 SCALE IN FEET 8 8 u 14 G O 20' PRIVATE D.E. 12 L L 20' PUBLIC D.E. 7580 FULTON MON. F41 %�5 J7 N- 1499849.53N88*1 7'46" W E-2263255.14 446.33' N OD 0269.16 E-2267307.96 0 50 100 /oLo 50 25 N-150 FUL TON MON. F310 N-1498534.41 150 E-2263346.17 827 828 SHEET OF LAKE LAUREL - PHASE 11 J 1 SCALE IN FEET 8 8 EQUIPMENT USED: A TOPCON 223 TOTAL STATION WAS USED TO OBTAIN ANGULAR MEASUREMENTS AND DISTANCE MEASUREMENTS. A TRIMBLE R-8 DUAL FREQUENCY GPS UNIT WAS USED FOR ESTABLISHING CONTROL. A NETWORK ADJUSTED RTK SURVEY WAS PERFORMED AND ADJUSTED BY RELATIVE POSITIONAL ACCURACY CLOSURE STATEMENT: THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS ACCURATE WITHIN ONE FOOT IN 68,379 FEET. THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAD A CLOSURE OF ONE FOOT IN 46,488 FEET AND AN ANGULAR ERROR OF 1" PER ANGLE POINT AND WAS ADJUSTED USING THE COMPASS RULE. THE BEARINGS SHOWN ON THIS SURVEY ARE COMPUTED ANGLES BASED ON A GRID BEARING BASE (GA WEST ZONE). INFORMATION REGARDING THE REPUTED PRESENCE, SIZE, CHARACTER, AND LOCATION OF EXISTING UNDERGROUND UTILITIES AND STRUCTURES IS SHOWN HEREON. THERE IS NO CERTAINTY OF THE ACCURACY OF THIS INFORMATION AND IT SHALL BE CONSIDERED IN THAT LIGHT BY THOSE USING THIS DRAWING. THE LOCATION AND ARRANGEMENT OF UNDERGROUND UTILITIES AND STRUCTURES SHOWN HEREON MAY BE INACCURATE AND UTILITIES AND STRUCTURES NOT SHOWN MAY BE ENCOUNTERED. THE OWNER, HIS EMPLOYEES, HIS CONSULTANTS, HIS CONTRACTORS, AND/OR HIS AGENTS SHALL HEREBY DISTINCTLY UNDERSTAND THAT THE SURVEYOR IS NOT RESPONSIBLE FOR THE CORRECTNESS OR SUFFICIENCY OF THIS INFORMATION SHOWN HEREON AS TO SUCH UNDERGROUND INFORMATION. TERRAMARK LAND SURVEYING, INC. DOES NOT WARRANT THE EXISTENCE OR NON-EXISTENCE OF ANY WETLANDS OR HAZARDOUS WASTE IN THE SURVEY AREA. FIELD WORK FOR THIS PROPERTY WAS COMPLETED ON MAY 14, 2007. ACCORDING TO THE "FIRM" (FLOOD INSURANCE RATE MAP) OF FULTON COUNTY, PANEL NUMBERS 1312100018 E, DATED JUNE 22, 1998. NO PORTION OF THIS PROPERTY LIES WITHIN A SPECIAL FLOOD HAZARD AREA. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT, WHICH COULD REVEAL ENCUMBRANCES NOT SHOWN ON THIS SURVEY. NO SANITARY SEWER AVAILABLE. EXISTING HOUSE IS ON A SEPTIC SYSTEM. ALL LOTS TO BE ON SEPTIC SYSTEM APPROVED BY THE CITY OF MILTON. EXISTING RESIDENCE ON DOMESTIC WELL. NEW LOTS TO BE ON CITY WATER. NO STREAMS OR CREEKS ON OR CROSSING SUBJECT PROPERTY. THE SPEED LIMIT ON HOPEWELL ROAD IS 45 M.P.H. THE OWNER OF RECORD, ON BEHALF OF HIMSELF (ITSELF) AND ALL SUCCESSORS IN INTEREST, SPECIFICALLY RELEASES THE CITY OF MILTON FROM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR FLOODING OR EROSION FROM STORM DRAINS OR FROM FLOODING FROM HIGH WATER OF NATURAL CREEKS, RIVERS, OR DRAINAGE FEATURES. A DRAINAGE EASEMENT IS HEREBY ESTABLISHED FOR THE SOLE PURPOSE OF PROVIDING FOR THE EMERGENCY PROTECTION OF THE FREE FLOW OF SURFACE WATERS ALONG ALL WATERCOURSES AS ESTABLISHED BY THESE REGULATIONS AND THE DIRECTOR OF THE PUBLIC WORKS DEPARTMENT. SAID DIRECTOR MAY CONDUCT EMERGENCY MAINTENANCE OPERATIONS WITHIN THIS EASEMENT WHERE EMERGENCY CONDITIONS EXIST. EMERGENCY MAINTENANCE SHALL BE THE REMOVAL OF TREES AND OTHER DEBRIS, EXCAVATION, FILLING, AND THE LIKE NECESSARY TO REMEDY A CONDITION WHICH IN THE JUDGEMENT OF STAFF AND DIRECTOR IS POTENTIALLY INJURIOUS TO LIFE, PROPERTY, OR THE PUBLIC ROAD OR UTILITY SYSTEM. SUCH EMERGENCY MAINTENANCE CONDUCTED FOR A COMMON GOOD SHALL NOT BE CONSTRUED AS CONSTITUTING A MAINTENANCE OBLIGATION ON THE PART OF THE CITY OF MILTON, NOR AN ABROGATION OF THE CITY OF MILTON'S RIGHT TO SEEK REIMBURSEMENT FOR EXPENSES FROM THE OWNER/S OF THE PROPERTY OR THE LANDS THAT GENERATED THE CONDITIONS. r1 I Q1:-; Lv,&4, 1—` � Oty LOTS t A/yo '3 T L 1�6 nHt T? S I)L1)50iGp� P tzlor., N St) y S GtI iv C vNN k4'i '7"d F P t� TE TI1 "321 J F A. A FIRE HYDRANT OR WATER SOURCE APPROVED BY THE FIRE DEPARTMENT MUST BE AVAILABLE WITHIN 500 FEET OF THE DWELLING'S MOST REMOTE POINT. B. AN ALL-WEATHER DRIVEWAY OF AT LEAST 14 FEET WIDTH AND HAVING A VERTICAL CLEARANCE OF 13 FEET, 6 INCHES MUST BE PROVIDED. C. AN APPROVED TURNAROUND AT THE DEAD END OF ANY ROAD OR DRIVE OVER ISO FEET LONG MUST BE PROVIDED. D. FIRE DEPARTMENT APPROVAL IS REQUIRED FOR ANY ACCESS SO CONSTRUCTED. I MINOR PLAT FOR O'WNERIDEU'EL ®PER We ROBERT FARROW 3445 PEACHTREE ROAD, NE SUITE 675 ATLANTA GA 30326. pNORTHFIELD PASS CALTON HILI~. CT AKE LOCATEDLAND LOT , SITE 2ND DISTRICT 2ND SECTION FULTON COUNTY, GEORGIA STARNES LAKE-%* J, f { 9 APPROXIMATE SCALE 500 0 500 FEET NATIONAL 11000 IIJNNa PAMM FIRM FLoo® INSURANCE saatE Mai FULTON COUNTY, GEORGIA AND INCIDIMRATED ALIAS 11IM 1a 0f o (SEE MAP INOU9 PCR PANELS NOT PRINT€O), RILTON cowm I" on Teti a -1 Yb w WYK4 daw =&. u"tl whm pyy�p mW await as COMWJNMpxn e4are eMld bB OaW m �rtx�tV"! eGltNe?N IN M v�a�t II MAP NUMBER 0 13121=8 E EFFECTIVE DATE; Uj JUNE 22,1898. Faderal Ematgmey AManagament Agency a is an oalolal copy of o portion of the above referenced flood map, re s extracted Laing F•MIT On"tlno, fila map does not We changca emondmanta which may have been made subsequent to the data an the o block. For the latest product Inrormation "bout National Plead Insurance :gram flood maps check the FEMA Flood Map Store at www.msc.rama.pov 1. WARRANTY DEED TO MELISSA M. RUNYAN & GLENN M. RECORDED IN DB. 38933 PG.654 FULTON COUNTY,GEORGIA .2 FINAL PLAT FOR GREYSTONE FARMS UNIT ONE RECORDED IN PB. 285 PG, 148 FULTON COUNTY,GEORGIA 3. WARRANTY DEED TO JERRY WAYNE GODBY & PATRICE THOMPSON GODBY RECORDED IN DB. 41984 PG. 645 THE OWNER OF RECORD OF THE LAND SHOWN ON THIS PLAT AND WHOSE NAME IS SUBCRIBED THERETO, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, HEREBY ACKNOWLEDGES THAT THIS PLAT WAS MADE FROM AN ACTUAL SURVEY, AND DEDICATES TO FULTON COUNTY THE COMPLETE OWNERSHIP AND USE OF ALL WATER AND SEWER IMPROVEMENTS CONSTRUCTED IN ACCORDANCE WITH THIS PLAT, AND DEDICATED TO THE USE OF THE PUBLIC FOREVER THE FOLLOWING: PUBLIC STREETS 0 acres PUBLIC DRAINAGE EASEMENTS 0 acres PUBLIC PARKS/OPEN SPACE y0 acres Cora C rZr R BERT J. ARROW SU D77_�f ER REC SI ATURE OF SUBDIVIDER SIGN URE OF OWNER OF RECORD SEPTEMBER 8, 2009 �' /! )U DATE DATE CER TIFIC14 T,ES MINOR SUBDIVISION PLAT APPROVAL THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT OF MILTON, GEORGIA, IFIES THAT THIS PLAT COMPLIES WITH THE CITY OF MILTON ZONING ORDINA CONDITIONS ONIN CITY OF MILTON SUBDIVISION REGU T S AS AMEND DIRE T O *�T COMMUNITY DEVEL MENT STATEMENT OF S OPE EAS CAEN1-) THIS PLAT IS APPROVED WITH THE UNDERSTANDING THAT EASEMENT IS GRANTED THE CITY OF MILTON ALONG ALL ROAD FRONTAGE FOR THE PURPOSE OF SLOPING CUTS AND FILLS AS FOLLOWS: 0' TO 5' - NOT LESS THAN.3 TO 1 SLOPE V TO 10'- NOT LESS THAN 2 TO 1 SLOPE APPROVAL OF DEPARTMENT OF HEALTH FULTON COUNTY DEPARTMENT OF HEALTH AND WELLNESS ENVIRONMENTAL HEALTH SERVICES lq)15 �y 9v� /s /c_ i-ylltj� 7 yr 1 S AF Ppt�z0 'V _717,210060yy p 17 t A L1 ILMN iH m A,-j6qv :jz7MCLS !® Sj'VIA 65 firs p,,2 5A WATER SUPPLY SEWAGE DISPOSAL PUBLIC WATER SUPPLY ( ) PUBLIC SANITARY { ) INDIVIDUAL WATER SUPPLIES INDIVIDUAL ONSITE SEWAGE a 30, , _1 DATE REVISION DATE ;77 ,3 ti. tubae Z/00/ 126PA9T .l- iff- HG,,4LJ�t I-00 THE UNDERSIGNED HEREBY CERTIFIES, THAT TO THE BEST OF HIS KNOWLEDGE, INFORMATION AND BELIEF THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH "MINIMUM STANDARD DETAIL REQUIREMENTS FOR THE STATE OF GEORGIA" AND PURSUANT TO THE ACCURACY STANDARDS AS ADOPTED BY THE STATE OF GEORGIA AND IN EFFECT ON THE DATE OF THIS CERTIFICATION. ,. JOHN C. BLOUNT, RLS REGISTERED NUMBER: 2887 Asa S J ET NO. Y pRAW/N©# TM1T - 3�5 II 0 Uj • .• . ' • it i •vIZ0 •LL S J ET NO. Y pRAW/N©# TM1T - 3�5 1/"OPEN TOP PIPE (0.26- E) PO S 89*29'23" E 14 76'1�1—vg.- N/F S 3 RALPH E. THOMPSON 1"CRIMP TOP PIPE S 85,51,51 E UNIT ONE 12.54' .22' 11 72"RB .31' (3.75- NW) 65 MILTON. CONTRACTOR TO < 25 E3SL co "RB 6 S 70*3149" E 65*2044"W z 1"OPEN SL 6.89' ui A=284.17' N N/F ROBERT J. FARROW R=1610.00' C40 0) F] TAX I.D. #22-4900-0692-031-5 0 U. z 2" RB 0.43' WEST OP PIPE ��ir "I z z N/F z GREYSTONE FARMS 0 UNIT ONE PB.285 PG. 148 ul 0) iS3 2.4511 AC 106,770 SOFT MILTON. CONTRACTOR TO < Ciel 0 UJ z 0 (D it *v—S 65*2044"W z X1 4, rotN J� ASPHA" S 4- INV 984.56 TOP 992.22 INV IN 984A8 INV OUT 984.40 p P% I z No T VEWA r THE PROPOSED DRIVE IS REQUIRED TO HAVE A MINIMUM WIDTH OF 14 -FOOT. THE PROPOSED DRIVE HAS A SITELINE DISTANCE GREATER THAN 600 -FOOT TO THE SOUTHWEST AND 489 -FOOT TO THE NORTHEAST. THE CONSTRUCTED DRIVE WILL MEET OR EXCEED A 500 -FOOT SITE DISTANCE IN BOTH DIRECTIONS, PARCEL ONE (SUBDIVISION) LOT 1 2,4611 AC 106,770 SOFT LOT 2 1.4680 AC 63,947 SOFT LOT 3 1.0033 AC 43,704 SOFT TOTAL AREA 4.0224 AC 214,421 SOFT PARCEL TWO (EXCLUDED) 0.1665 AC 6,776 SOFT rn;l 1.4680 ACNc, C 63,947 SOFT 3 30" PINE '4\!ELL%1 0' � \1' R'A E 0 ♦ 48" 0 -,40'S Wy -ETGUM 24 SWEETG/ S �WG 30" r30" SW GUM 130" SWEETGUM Z11,* 51111.. If Cao �6" SWEETGUM 1"CRIMP TOP PIPE TIE 573'48'27"E &61 13 4.A 14490 Y2 -R 03 1.0581 AC 46,091 SOFT ��META L GATE,,- -24RCP 00 NO lop 85 +/- G.I.S MONUMENT F405 N=1504126.483 E= 2259490.899\ ELEV.= 1039.565 N/F N, JERRY WAYNE GODBY DB. 41984 PG. 646 PROPOSED OTRAIL PER D.O.T.COMMENTS 0000000-ooll so 000 00 Tpi0,000000000,000 �w wo 0 ss\�VG 1, o 3ioz 0A r-0 I C 0 N C R (,,; TE DRIVEWAY /ol '100, op PROPOSED 5'TRAII PER D.O.T.COMMENfs DI TOP 99380 INV OUT 987.18 Cs T P 993.00 -0 Al V I IN IN 986.20 -7, INV OUT 98537 0 43°20'05" vv CH=349,25' A=351.40' R-915.40' 3136 TO FOX HOLLOW RUNV RIGHTLANE MUST TURN RIGHT d -)PRAT OXIMATE LOCM WATERLINE PER CITY OF 4, 0 A� N411 -TON r. I 14� 1 4, rj N, N tiTMv 241, P11 % j 0 60 60 120 180 FT. 24" PINE ,,b SCALE: 1"= 60' c; PROPOSED EA SEMEN T AREA DRIVE EASEMENT LOTS 1 AND 3 7,035.6 S.F. 0.1615 ACRES i 111AII 1 111 1 111 i HEIGHT REGULATIONS- NO BUILDING SHALL EXCEED FORTY (40) FEET IN HEIGHT MINIMUM SETBACKS- FRONT- 60 FEET SIDE- 25 FEET ADJACENT TO INTERIOR LINE 40 FEET ADJACENT TO STREET REAR- 50 FEET MIMIMUM LOT AREA -1 ACRE WITH FRONTAGE ON PAVED ROAD 3 ACRES WITH FRONTAGE ON UNPAVED ROAD MINIMUM LOT WIDTH -100 FEET MINIMUM LOT FRONTAGE- 35 FEET ADJOINING A STREET —N, =18" CMP 24" PINE q r7 .X/z ASPIAL .1' DRIVEWAY TACK IN ROCK 0 692 z 88 F- oto O Zi ZI N/F GREYSTONE FRAMS UNIT ONE PB.285 PG. 148 N/F RALPH E. THOMPSON X"RB LOT LOT Mp 2"OPEN z TOP PIPE (0.26'E) MATCHLINE z 0 ploo", AF `PROXIMATE LOCATION 0,,TERI-.INE PER CITY OF ul 0) iS3 2.4511 AC 106,770 SOFT MILTON. CONTRACTOR TO < Ciel 0 UJ z 0 (D it *v—S 65*2044"W FIEt D VERIFY LOCATION PRIOR TO INSTALLATION 1"OPEN CH=283,80 OF SERVICE LINES. S 53*43'27"W A=284.17' N AA"rr% -'-�MON. R=1610.00' /ol '100, op PROPOSED 5'TRAII PER D.O.T.COMMENfs DI TOP 99380 INV OUT 987.18 Cs T P 993.00 -0 Al V I IN IN 986.20 -7, INV OUT 98537 0 43°20'05" vv CH=349,25' A=351.40' R-915.40' 3136 TO FOX HOLLOW RUNV RIGHTLANE MUST TURN RIGHT d -)PRAT OXIMATE LOCM WATERLINE PER CITY OF 4, 0 A� N411 -TON r. I 14� 1 4, rj N, N tiTMv 241, P11 % j 0 60 60 120 180 FT. 24" PINE ,,b SCALE: 1"= 60' c; PROPOSED EA SEMEN T AREA DRIVE EASEMENT LOTS 1 AND 3 7,035.6 S.F. 0.1615 ACRES i 111AII 1 111 1 111 i HEIGHT REGULATIONS- NO BUILDING SHALL EXCEED FORTY (40) FEET IN HEIGHT MINIMUM SETBACKS- FRONT- 60 FEET SIDE- 25 FEET ADJACENT TO INTERIOR LINE 40 FEET ADJACENT TO STREET REAR- 50 FEET MIMIMUM LOT AREA -1 ACRE WITH FRONTAGE ON PAVED ROAD 3 ACRES WITH FRONTAGE ON UNPAVED ROAD MINIMUM LOT WIDTH -100 FEET MINIMUM LOT FRONTAGE- 35 FEET ADJOINING A STREET —N, =18" CMP 24" PINE q r7 .X/z ASPIAL .1' DRIVEWAY TACK IN ROCK 0 692 z 88 F- oto O Zi ZI N/F GREYSTONE FRAMS UNIT ONE PB.285 PG. 148 N/F RALPH E. THOMPSON X"RB LOT LOT Mp 2"OPEN z TOP PIPE (0.26'E) MATCHLINE z 0 'cDl ul 0) iS3 2.4511 AC 106,770 SOFT 24" PINE < Ciel 0 UJ z 0 (D 24" PINE S 52*00'02"W �CH=35.641 S55*2Z14"W 17.34' 1"OPEN F-� Z -'A--3&64' 15.4 NY S 53*43'27"W �ZQ� PIPE 24" Ptmg N —7 I CH=19.43' A--19.43' R=915.40' /ol '100, op PROPOSED 5'TRAII PER D.O.T.COMMENfs DI TOP 99380 INV OUT 987.18 Cs T P 993.00 -0 Al V I IN IN 986.20 -7, INV OUT 98537 0 43°20'05" vv CH=349,25' A=351.40' R-915.40' 3136 TO FOX HOLLOW RUNV RIGHTLANE MUST TURN RIGHT d -)PRAT OXIMATE LOCM WATERLINE PER CITY OF 4, 0 A� N411 -TON r. I 14� 1 4, rj N, N tiTMv 241, P11 % j 0 60 60 120 180 FT. 24" PINE ,,b SCALE: 1"= 60' c; PROPOSED EA SEMEN T AREA DRIVE EASEMENT LOTS 1 AND 3 7,035.6 S.F. 0.1615 ACRES i 111AII 1 111 1 111 i HEIGHT REGULATIONS- NO BUILDING SHALL EXCEED FORTY (40) FEET IN HEIGHT MINIMUM SETBACKS- FRONT- 60 FEET SIDE- 25 FEET ADJACENT TO INTERIOR LINE 40 FEET ADJACENT TO STREET REAR- 50 FEET MIMIMUM LOT AREA -1 ACRE WITH FRONTAGE ON PAVED ROAD 3 ACRES WITH FRONTAGE ON UNPAVED ROAD MINIMUM LOT WIDTH -100 FEET MINIMUM LOT FRONTAGE- 35 FEET ADJOINING A STREET —N, =18" CMP 24" PINE q r7 .X/z ASPIAL .1' DRIVEWAY TACK IN ROCK 0 692 z 88 F- oto O Zi ZI N/F GREYSTONE FRAMS UNIT ONE PB.285 PG. 148 N/F RALPH E. THOMPSON X"RB LOT LOT Mp 2"OPEN z TOP PIPE (0.26'E) MATCHLINE EE NO. Y2 DRA WING# TM f7 - z 0 ul 0) co W 0 Ciel 0 UJ z 0 (D 0-ww DIX - WP� F-� Z —j0 <u 3: 5 Z 0 000 OL) u- C-Z4 z C40 0) F] 0 U. z 5 EE NO. Y2 DRA WING# TM f7 - �i v & �,B ss 's r• a��� � , a,� M aR 1D P i[ C. • 3 I . —u j�, r` • � &� off' ;�ers FE f e' r 5 �..� g�ez , �i v _....... .._.__.T_-- � � �� d & �,B ss 's r• a��� � , a,� M aR 1D P i[ C. • 3 I . —u j�, r` • � &� off' ;�ers FE f '�•'F�# 5 �..� g�ez tea" 1W 3aa�-0 � } aJigg pp F �f;P.•�¢" � x'i _....... .._.__.T_-- � � �� d ...�� . �,B ss 's r• a��� � , a,� M aR 1D P i[ C. • 3 I kry� FE '�•'F�# 5 �..� g�ez tea" 1W a� tr ` .. PA r�� Q �4 ... SYH M aR 3 �i€ i[ C. • 3 I kry� FE '�•'F�# 5 �..� g�ez tea" - �^a- 3aa�-0 � 4 y "ui #a 5 •f' • ¢ a� tr ` .. PA r�� Q �4 RE. SYH M aR ip '�•'F�# 5 �..� g�ez tea" - �^a- 3aa�-0 � 4 "ui #a 5 LOCATION MAP FLOOD IVDP ,CCORDING TO t' COU14TY PANEL NUI ?3121C0019E DATED JUNE 28, f998, A PORTION OF -♦+ 4 NOT r , IN A SPEC14L FLOOD HAZARD AREA OWNER'S ACKNOWLEDGMENT (STA7E OF i OF PUBLIC STREETS U ACMES PUBLIC DRAINAGE EASEMENTS - 0- -- ACRES PUBLIC PARKSIOPEN SPACE ACRES PUBLIC ACCESS/ EDESTIRIAN EASEMENTS 01.0-3— ACRES om H INIS PLAT 1FORTH BECOMESPART OF TWS PLAT FINAL PLAT FOR IT IS HEREBY C&R77F?ED THAT THIS SUBDIVISIONPLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN AC77JAL SURVEY OF THE PROPERT4 MADE BY ME OR UNDER MY SUPERVISION, T14AT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST, OR -E A4ARKE0 AS IFUTURE, AND THEIR LOCARON, TYPE AND YA7ERAL 15 CORRfCTLY SHOWN CHARLES H. JACKSON, REGIS7ERE0 GEORGIA LAND SURVEYOR NO, -"&I �' I r /r1 r 1 f♦ t r' 't f ♦' t t DIRECTOR, WATER SUPPLY SEWER4GE DISPOSAL PUBLIC WATER SUPPLY 9J PUBLIC SANITARY SEWERAGE SYSTEM DINOMDUAL ONSITE ED INUIW IUAL ONSITE SEWERAGE WATER SUPPLY MANAGEMENT SYSTEM CER77FICATION AS TO RECORDING EHIS IS TO CER77FY THAT THIS PLAT HAS BEEN RECORDED IN PLAT BOOKPAGE #F FULTONf RECORDED I', 2009 CLERK SUPERIOR COURT FULTON COUNTY,GEORGIA t OWNERIDEWLOPER CROOKED CREEK HOMEOWNERSMcKIM x CREED, ASSOCIA77ON 702 ► t PEACHTREE RD. r Creek Onve SUWANEE,30024 Milton, Geo?id J0004 PHONE, 770-962-4125 - 77 , .569.4103 CONTACT MARK BROCK CONTACT- ZONING. • ZONING 0006 FC 2. +FRONT 30' rALONG REAR #': BEARINGS SHOWN TURNED IN THE FIELD R 5TOTAL TRACT 6 WATER SERVICE PROVIDED BY rCOqNTY 7 WASTEWATER SERVICE PROVIDED BY FULTON SHOWN FOR CONTRACTORS CONVENIENCE ONLY OTHER URLMES NOT SHOWN ON , . SHOWN LOCATED BY THE SURAWR OF RECORD. THE SURV�IR / ENGINEER ASSUMES NO RESPONSIBILITY FOR THE LOC.471ON OF THE U77LMES SHOWN, o - r«5 RESPONSIBIL17Y TO VERIFY♦ a OF OF WORK. DAU4GE WOETO EXISTING U77LI77ES BY THE CONTRACTOR SHALL BE THE SOLE RESPON510I OF THE CONR4CTOR. 9 FIELD INFORMA77ON FOR THIS SURVEY WAS OBTAINED WITH A F03 a a: 10, C17Y OF' f AND FULTON 'COUNTY PERSONNEL ANs r. AGENTS SHALL HAVE FREE AND TOTAL ACCESS TO AND ACROSS 11. MINIMUM REQUIRED ;a ,/ 12. MINIMUM REQUIRED -t 13. A41NIMUM HEATED FLOOR tt r 14, MINIMUM REQUIRED a tBUILDING I`HIS PLAT IS APPROVED UNDERSTANDING GRANTED THE C17Y OF MILTON ALONG ALL ROAD FRONTAGE FOR 7HE PURPOSE OF r» ) FILLS AS FOLLOWS; , TO NOT ♦' I SLOPE I NOT I "n 11,5014 f r1 ! ► a t a; r r t« ♦r a .,« _. ► , « art � t « l+ ! # . a ♦ f JACKSON LAND , ' r: 2 FINAL PLAT j ZONING CONDITIONS ... ZONING CONDITIONS REVISIONS RIEVISION AND ISSUE NO. SHEET NOJ DESCRIPTION DATE a I "n 11,5014 f r1 ! ► a t a; r r t« ♦r a .,« _. ► , « art � t « l+ ! # . a ♦ f JACKSON LAND , ' r: r Ile *II "' ., no x 0 x a 4 G y cw*�d m m J, rnr� PROJECT NAME: CROOKED CREEK AMENITY AREA - - SHEET -nTLE: Fl OVAL. PLAT P,JEG7 No. -S-H- EE7 No. 09.020 2 DAM 9102/09 F ISSUE No. 9 Q$ lzu MINIM 0 mv man, MV M1,4V 1167 7.78 nw 18' aAP m GRAPHIC SCALE SCALE 1 " = 60' I 77 Plats 357 Pg p Ri ci r- -1 a T- 6 7 0 . 7 2 5 , 5 4 3 5 PCF UJ U) FcF MINIM 0 mv man, MV M1,4V 1167 7.78 nw 18' aAP m GRAPHIC SCALE SCALE 1 " = 60' I 77 Plats 357 Pg p Ri ci r- -1 a T- 6 7 0 . 7 2 5 , 5 4 3 5 5 PROJEcr NAME: CROOKED CREEK AMENITY AREA SHEET 'nTLE: UJ U) C4 LLJ ui iR < f. F3 0. z LL0 00 Lu az �e z 0 LLJ z -.0ca, z LU LU 0 5 PROJEcr NAME: CROOKED CREEK AMENITY AREA SHEET 'nTLE: _nEra-NTS' CLERKS NOTE.- DOCUMENT ON FILE IN THE CLERK'SOFFICE f f 4 4 J J t t t t 6 53-m-3,76 .T#xrjtTiVW #Y93'• 0040 S Ci ATA RCVTZ: #9 (#SM' Yi1 LA1d A,V6 +"•AU%TSU Cd,, 6 SMS 1-0 R OPRB FRCP/ AG -1 cyip $Cci=VTTY U241T r,—W) CCm)jTi 0Uar, "�- CO'r RCThbff Ci�>�U1 S YA&P Ai -2n (UMUS'TRIAL, FART �rxrrz pix a R-2 Chi i Co=rm IAL !ro � 57� Vvr) kSd 1 yFNtaB d By Avarite ltunVure, Clark tc1 dire CczOi-19910;, p e��a ect f txc':-vP*. Olt a latter d&b6d D(Arch 19, 1,43 from 3„p? Dt rc r, cbaixtaanr L'ult;Q-A Catmty x anning, Cn !€crux ► r �. r +t 1i i4..:Y p-.,t•.p gr 4 % M6'-tw .. '�'f�-'4 -tl-C; }Yid ,Y4"+Oi M �%6 4' b d ;Aa637 Jctl3°LF^4e i �-w >q+'R� J' 'ws t.. taligK. 7r; Add,'satr, a tf i. `6r . L.eF- � :ses't Nt.- 5-:n.., .- aN° ` Iaa.•cG .�. W.F .4N'6 "$'':B iM 4#' t:•,t .. A-.;.ai,k ' dir• a�.x swa�-„trt +ffi...iA,�_"dit .eR:,rt�,-e�.c`.< '# Yr. a. '"-s; t';T-rls'et, M'a -# iG•*< iw•-01 W2$t- t 11%—',Ve4 W*It- J'~#. x ., at �a sw � � w �w n a t w • ,t� °� .P�t � *1a, MeV, . w �}4-'dt}•@C'tf'"9 $4'u Si'. tl” M Tti t Y.%L, . ar -d1 4w.?i. q, ?s +a "'Ml'at''r-`a ki : • 7ae'4 . • a dT r Y t PA4ZL a$, irf I;:.. IIr I• IIr �^r - r � i + I r I• THIS Plats 357 Pg (i, 4 iy PLAT y RECO CLE`Ri FILL T( ■l� �10tl TJI;"aw "'Lh!.,,, pc-LLw1 i,ef`n. Wrj- t hi t fax c�rza. 'i, , a:33 betl 4 ad 1xdA P a a^g'lrarf :3kiz r* jg:0 :C, work.. 44th too "p4ZtZtrr�+ f F tll�e in —Rrzrd. to :`C a,:rfqaat nr ib. r e�esuia wfrFwtJt Axaxadt.. Ida it rzl �, 1djoined tcl tl; a Rwt p rt r to tex4 triat,aiked fuz �ad�Z.�es.•an�� t�.c�n ��xk the �x3Iit�tt�i,. �� � �►���.� �s� ixzfutru3tl x �:l wci ky S: fE egataat�rarr irczra &rte r dcr aL 1fc,+;rt; StUU JIB xsecumen in th< s• �. � x'� a a; wh.i l% 'reflemm bottt igsvns aria ht zal Jrca r� co a pdtx tfala t: t 3 r l $ Irw , IiP Ms11; 01a tri Approve, Which x;aa ect"r.ndt't . by C axxaiaa �nmrr �r 1.t. The V>,te u"la 4-0-a. Craramiggioners DoLr+rtl,''*r '' R.i"3.: i3y Gdi� iCC:6#' r -t, I`Rar',I q rr Ll r:w � Pt t C� LS ., _"3Lit5 MEN Wat-prt`ov* etih dot to kldu tail �l�� �a.t� a1t���wri�r t,:o•aditis'a7x) and i-,agal pl['da-M-43J PrQper notica r,,l thjcAv1kN11dZ1rtUt hAS . 4wn jeibSaehed Sheei""m advrxti nmsr�t.a r pu]yliffikwiiF srhL a t3 � r t.t nature tit the pue atjr�bttrx q and th-a date, ',.t and p.ia.z� at whiih the R,:crd of F crzrri:sc# a c t 8 aIf cra CL,=t.y wo.:1.d hula a Rn li;, litamiL19 un B€€lc3 �axt . l.ar€ i#+, iaaauae� been t tla La:�llvav3r a wit 0?' "4�]/ sa DJ/08/93; ANU, W,19 t?Lbuli t P -F d A-ra thct platnin Cm'fa8iunr and sir pI=nma n C t € :i r� t o harlcl ra ar:d h%13 sic itd� rt3:c � clat u� u.F d,.• "ill " ESP IT 9'rMSZ L Er, »rant Tilm lution a3rlatr kap Whx 3Dsrcj a± 6rz�a�aea�i.�ue� � f I"a14 xb CounGlr or. 4 r -h .II, 2955,,. *1nJ recorde te 180 Z*ntdriuous of the 74irzuters 4.l p_t�� �:esaatcl ��f e•°�,tsmt�9 t5e�ai��� of P ult= C-MILlr, an& haretmInra u t, aro a anm Ig -hereby furkhe: Fpm5rgje,.rj axe lajjav3, C0101 P.Clt:S,: ?Fx'. Ir 7f: iv[s-1'3sv3S MEL -pvma-m kesa°rsI-FE7 Gh/Sh3fi4'Rs: �F-a 4V •�V4eJda Z#��ist3�ifC �4 �' atq 1:a��:,3 .�.�y�f°`�,"4: 'l,.y T.6 7 8.72 5.54355 Fe 7 7 0 7 1 6. 7 9 1 y -41 al wil PROJECT NAME: CROOKED GREE AMENITY AREA SHEET T111: FINAL PLAT TZECT NU, SHEE; Nit. 09.020 4 DATE 9/02/09 ISSUE No. @ of Uj N zz p� LU W z C2 z CL Lj LL 0Lij 7_ i- o 0 z ®� ti uCOi U- - 0 O t' 1 0 U - °a o U z -41 al wil PROJECT NAME: CROOKED GREE AMENITY AREA SHEET T111: FINAL PLAT TZECT NU, SHEE; Nit. 09.020 4 DATE 9/02/09 ISSUE No. @ of RxCmmmT5 =707710t;r. If this pttltion ie iapprovo4 by the Board of Ccmmisaioners, tt 014culd ba approved CV (co=mnity unit Aa n1 COMITI(AML subject. to the ownAT'S &qreement :,) the -ft,11rving enumerated conditim.%. WhOr" the", condit-tow ocnfl-let v:JV_x tee stipulmtlznt5 *aid Offeritga =UtMivad ir, tba Letter cf Tutentz thane criz-aitiolix a',ull auperxed* unle=, apa4--ifical-Ly at1pulat.M-, by thea n6ard of Co=iazi,orw,re . I To t" ownwrlm agr9oze-at to yu4 Ego oL Lha mubiact. przParty aff follpwal ITo more than $33 total 4WeJ_JjnC ,tjnJtp at a maxi_ q density of 1«7 dwal-lino unita per arae based on. tbo total acre&qu zoned, wbichev*r is lens, an well 4is accempory used and utructures which shall include an 18-h*10 if ecirna, g*lf allwhousa tL-ut Cxclu-J_;Lm9 any retail uses mxcostpt fat any ateeupery commftrciaL as4g Viornally asoozinted with 4 golf club hnuaz, ouch as a pra-,-x y "d zostau;r"t. Lut having Lo advertising, . it swirming pno, touals courta, playirig tiold and Je*Wing t-railm. b. Said dwolling mrsem rhall cm-ifiiat: oz" the maaclwum t3f L.%% following: 9p LQT T"A A EUVaR 2,0 Tj/._ B XAN-.R I.d LI/Ac 62 C X"Lk 3.0 a/Ac 50 ESTATE 7.2 UJAC 30 XMC2 ulf.kc 9-9 Y -Mr, J" tar 54 G ESTRTS 2.2 V/AC 26 11 & E; TIATZ 210 VAC 35 7 t*1.V=XR 4,1 U.Ac 40 ISTATI 2.0 U., Af_� t; I MMOR 3.6 IVAC 21 G Xa=A, 3.3 17,AC 70 R4 KANUR 3.0 vi &: 112� N CLUSTER 4,0 T). AC 6 - Q kLr."q rxxrry 79 V/AC 79 C, The min-litum t e`tandmrds 6f shall ha the, minim= Wt Ar*m 12,C00 square feet nanxR 7¢t)Q-Y !;, :19k91 D.V11F �2 requixWt*Uta =4 P1;Uq!r1]zre1, for tho pmvi.a.1un of fwat4r, R#Vmrage tra4trant %nd atrpz&Frx ect,, on. To the rvneK,� weement, to 41,1d'a &f thn lallowing rVlq-lir—OAtud04itAtion and amprvvpmi,=tt. a. VOdic%te at n* --09t to W*,I'-t*m CQ=tY &.1or,4 the eutire Pr'ar^rty fxunta,_qe. prior to :k;a ayqroval taf- iA Land rJiULUxbazC% Formit, aufflcimt Imad am ncc6smary to provide the follow:Lnq rights-of-way, and at to Cost tO F11toft �Nnimty rue -IL additirnA 1%, 0 .a rig1%, f - pray at VPY ba required is jr7wovilta at lem&t 10_Tj feast of right-of-1way riot the back of curb of all Abutting road improyftmante, ax well as allow th& nece"Sary a0zhLzuGhinn A40""Mts whils the riohtr-,,4weat am b -A -Ing Im-provedi Righl-Of-wAY C= Cux=;U9 HighWAV &a IrAy be required by the Georgia Der_mhrtxont o r Tre'AXPOrttti0n; And thea Felt= Cttm�_y Traffic 33- -linear. 3D feet ire Cta�`xyar�,leYra Hca Ta"raaa:^ie l<acd. t.14e fo,low.lma r .0adwmy al44 eta ent-Aro pTo;,Gxty fr0ntn5,,4 with juib and gutter per PUlt= COUnty Stmmdardmr Zwmimg flighmay Or, rtalr he required Ly thO GOOrgin DOpaxtmert th.0 V -a -.1t _*r, C. Rrfwide a dec#l&rattan 14no for each ptaJeCt gyut _T &rice Ot t9i nay he eppra ved. try tlhq FUlt-011 Cbunty Traffif,,7 d. Provide a left tnza Ign# on ct=ming aj_qhw&p &nd Francie Road Etr each Project entraLae or &3 nay APPrQvAd bY th" rtatell' cfeolltnty TrvtfiA, ftqinger. 5. T.'3 tht,,owmrla Agra to abide by the :o:a1owin9t a'. TrJ contact tbd-' Ddlector Of Public-, Totorks, Prior to the application frx a Land. Df5%1)rbmC8 Permit, tm nrrange, 1410,b the rXAVIty' A-,h4rjC1t .4 an CLI-f3ita eViLl bat C in of Q-xisti0iarra iatt z5 tZeam/Etarda. bul.'orig, ai%d true pLoteatior, 2nviaa vjtL.j., ths pfopgrty bp ric�a kin to as miniml;z. the tri -ea Am p.-4v4;vx2.btd by the FLItan ?'otmty Tree Cuidelimae. PrUMAR =TIN,-, PAW 65 air-imum T«at wlSth 85 feat "At 1-118 baLdiftg 1, X,.nlzu= Unit SiD:* 2, Ml_-q4aril fuer X1n1V= !.ot Fr4=C&gO ,.'art: raters 4s cFre'nit yard 3 freet Roar i-Atd lateliot s1da, yard 7,5 toot 46rreet SJ1C1* yard 2Q toot Y41=1=4 KiLUiunAm Lot Area 5400 square feet $41.31imum Tzm widuh 70 foot (at }ha Lulldinq line.) 141nizum "it. Sze 1,1300 hqajar.0 feat. Atnizum tot Frmtagc& 35 fset maxi-mim 'ReIght 2,5 etc-ri ca -at JiitArlor Side yard toot, Strvet Lida yard it teak�_ Mif-blUM LCct AXOA 6.oao gq4mx,* toot Xiairtm 1,ot Width 50, foot (at the building limal x4nim-m tftit Aft'] 1,60a a..Tiare feet - ILIUM= Lot Froctage w5 ita" maxim'Ift Raight 2.5 etariea �ettbavkn Frovt yard 2a fact Rear yard 25 feet Interior Sid* yaxd a leet 4151 1210tumen Stere' ri4a �.%rd 1,� feet - Front, to Froat sia feat Rear to Poty st" feet Frnnt t� 3ar 5C feat rr=t Qr Baur tf, 3da 30 fool i�idla to V1141 25 ±eat three Mtories 3etbacku fur ppriph*ry of Xulti,-,Omily POD yront yavl fo,%L lel -NEl, ?SAY 5, 1)93 PAGY 6 Cx-Inditinnc cA,kt,f, o.m-j g7 4Xe 5PPrOval Of the Draillage ft4ancor, TIAV �, Z963 7_hpr 67 Plats 357 P3 65 C-athelenLa RabirlsO'l Clerk of suaerior Court Fulton COUAY, Georgia JACKSON LAND 200 MARILYN DRM 9"T FAMELLE,0A. 30214 T. 6 7 8 7 2 5 . 5 4 3 5 F; 7 7 0 7 T 6.79 1 1 Side yArd 25 reRx y&r,± 25 fe'e't Mini=% Mit rNza I RR 7'o sqa%re ''set 2 SR $15C wqluro �Pvr; < 3 EXgy,I.C10G :�'uarA toot: 13. The, MiUlm= nf.tteart do.di.icmat 1�0 Lhe wert-sra pxapert, W "no e*r thO Arr*4 fdl"'rtifjletrl &f! Git, F_ Plan referel'Wdd ijft acnclltic�,n 2.,54. shall tA* 50 fcat_ 53. Limit tbC htigkt Ot tha multi -family bu4L1dinqF,, to mo 3- 10 ". 0 MOT- VIr three fflt*YAF-9I >_ cc=ueraial uma mall' he tilLowred rozewpt itj 4- Asoaciation With the if emm*,a hauma* &a rhcwrL an the sit* d4acrib&d in conditLen 2.9.. Tn t oumar_- a, to Lha: Site Plan r4C*i44d by tUa ZozxrLq Departr;*nt wn 2/23/9:3 amd r�o mlbnit. t'l thoq 1°#1rPctrzx of Pk1haic Workm for approva.,_ prier to Ull,n a.4pprQval 'I f. n. t & n d Dixturhanne. P,*rl"A, I reir. v9d Site. Plalk bgi� id GA 4 Verf'Afted bofaruuvi "rvey of tbo ozutiro pxopm6rty Zoned, 1=cCirl"rating ti: as 4;ipvlatiana Qf ,riven < caud'itiona of Boll -14V approval and mistinq or the rc-qo1romwnto of the ztsmimg U-1 14, «Wlv otherwiga noted havin. ccmpl tnmce wltL all C -D" ditl , 0 n b, shall be in plmc4 tirjo.-r t -D 1,)1e ;Lf.)j_ruaAV4 Of t?.O, first W 3. TO the, owner#e n,7ro#m#xt to r.hw f�a]_Lnwjug z.Lta dovqlo,gmt caravidaratio-na; A. No To than VAr� CmwiAg% B191IW4.yt. Cuxb cut lovatl= &aa ali.gmment nr., -.,abj4te.,t to tb7?L a_VprnvvaL of the FuJtr;;a Cot%rlty Traftic ingimser. b TO Vf=o. than 01,1e exitjrmtrgmn)(!a. C-1 _?r3nciz Road, C vh rb cut locatioll and al-&grlzent are 5 -abject to t e approval of the Vul-,cn Catinty Tijitlit krjginoar,. C. NO !Qt A-411 931Gmid dixccr acc'3- trox Cuimin fttt4r Intr, i nM11T!t'T WjrOWIM.Mt 'Witt 17111t4lln CC"Al't1r, , jo,� ?V� aub*t Un 1%Pprcv4l OL tha VAVUrakzpr -, t trine~ Departzent of PubLia W*x:ka, mh1ch sp*f2ilic,a the mrmd kP4 z T`Tuq, bmy S, 1"-3 pr*_Irl Plats 357 P3 65 C-athelenLa RabirlsO'l Clerk of suaerior Court Fulton COUAY, Georgia JACKSON LAND 200 MARILYN DRM 9"T FAMELLE,0A. 30214 T. 6 7 8 7 2 5 . 5 4 3 5 F; 7 7 0 7 T 6.79 1 1 I PROJECT NAME, AMENITY AREA SHEET TITLE: FINAL PLAT ;UZEFT '� 7AFF7;.* 09.020 DAM o�oaraof 5 ISSM ;it 0 V) 0 z UJ < cl� UJ W F_ < oZ 3- 10 ". 0 >_ �- Z) LL. 0 z 4- W d L0 z06 LL o"o 0 FNW < 0 -0 " Z < W tJ I PROJECT NAME, AMENITY AREA SHEET TITLE: FINAL PLAT ;UZEFT '� 7AFF7;.* 09.020 DAM o�oaraof 5 ISSM BOUNDARY DESCRIPTIONS: ID: BEARING: CHORD: ARC: RADIUS: L1 N86'02'34"E 12.48' L2 S61'30'37'E 41.79' L3 S61 *30'37"E 11.61' C1 N78'39°520E 18.80' 18.82' 121.53' z L4 S19'2347"E 8.21' C2 S03'41'00"E 30.27' 30.66' 55.89' o, C3 N55'5957"E 50.89' 56.97' 35.00' Ji C4 S87'07591E 41.23' 41.43' 121.53' L.L. L.L. 104 x 04 N42'44'23'E CH. 398.89'; TRACT AREA SUMMARY.' ARC 439.56' ' RAD. 290.80' TRACT A 22115 7.9 7 SF 5.077 AC. TRACT B 37765.16 SF 0.867 AC TRACT C 26535.49 SF 0.609 AC TRACT D 23405.41 SF 0.537 AC. Plats 357 Pg 25 fled and Recorded Sep -20-2011 12:40p® 2011-0231982 Cathelene Robinson Clerk QT Superior Court Fulton County, Georgia N U F W REFERENCE MATERIAL: PLAT OF ROBERT L. BOWEN ESTATE PREPARED BY KENNETH L. CARLISLE GEORGIA REGISTERED LAND SURVEYOR NUMBER 1503 DATED NOV 6, 1967 AND RECORDED AT PLAT BOOK 88, PAGE 89 OF THE FULTON COUNTY, GEORGIA RECORDS. LIMITED WARRANTY DEED BETWEEN COGBURN ROAD, LP AND COGBURN ROAD INVESTMENTS, LP DATED DECEMBER 30, 1999 AND RECORDED AT DEED BOOK 28307, PAGE 262 OF THE FULTON COUNTY, GEORGIA RECORDS. LIMITED WARRANTY DEED BETWEEN FULTON WEBB ASSOCIATES LIMITED PARTNERSHIP AND COGBURN ROAD INVESTMENTS, LP DATED MARCH 20, 2000 AN RECORDED AT DEED BOOK 28815, PAGE 261 OF THE FULTON COUNTY, GEORGIA RECORDS. AS -BUILT SURVEY FOR: WINDWARD VILLAGE PARKWAY, A PRIVATE STREET, PREPARED BY SHIREY NELSON AND ASSOCIATES, INC. DATED AUGUST 21, 2001. UTILITIES PROTECTION CENTER CALL FREE IN METRO ATLANTA 770-623-4344 THROUGHOUT GEORGIA 1-800-282-7411 THREE WORKING DAYS BEFORE YOU DIG COMMONWEALTH WAY (PRIVATE ROAD) Q o� ti CONCRETE SIDEWALK PROPERTY LINE IS ALONG THE BACK OF CURB. APPROX. LAND LOT UNE____ NOO'33'47"W 144.71' N04'24'04"E CH. 109.44' ARC 109.58' RAD. 632.39 N10'20'26"E CH. 21.53' _ ARC 21.53' RAD. 632.39 N08'08'11 "W CH. 20.62' ARC 21.03' W. 30.96' r CAUTION THE UnLTRES SHOWN ARE SHOWN FOR THE CONTRACTOR'S CONVENIENCE ONLY. THERE MAY BE OTHER UnLMES NOT SHOWN ON THESE PIANS. THE ENGINEER ASSUMES NO RESPONSOUTY FOR THE LOCAMNS SHOWN AND rt SHALL BE THE CONTRACTOR'S RESPONSINLEIY TO VERIFY THE LOCATE OF ALL UTLITIES WITHIN THE OMITS OF THE WORK. ALL DAMAGE MADE TO EXISTING UnUTIES BY THE CONTRACTOR SHALL BE THE SOLE RESPONSIBILtT7 OF THE CONTRACTOR. CONCRETE SIDEWALK (' ( 20' SSI TRACT A 112990 r• _::_ :_: 20 SSE CH. 37.56' ARC 37.85' RAD. 89.00' S42'47'520E ` 48.71 �,1 COMMONWEALTH POINT (PRIVATE ROAD) S81729'40"E CH. 89.40' ARC 90. 11 ' RAD. 207.13' _ L1 S64'01'30"E 44.55' L2 L3 S74'49'07"E 5 .OZ l S59 48'05"E CH. 43.86' i ARC 44.55' RAD. 74.87' " 10' LANDSCAPE STRIP $� N66'4U 05 E _., 0 51.31 .o h , S10'39'19"W 136.13' -' TRACT B DOT R/W PARCEL 2 .7 #12998 ' 1448.779 SF - 0.033 AC. r S12'2257"W N76'87'jo �r 21.63' 45?' S13'38'26"W CH. 29.51' 186 + ARC 29.51' RAD. 1377.98' S19'36'23"W TRACT C 4it 1.00' S19'36'23"W 112996 `,`- 27.91'-� n^ a N6919' i S19'4�3'S�*W `2 :7 ssl 2S l 48.44 'C) N6 `S1 9' 1 S20'35'13"W, C� Q > T S1 V 168 CH. 42.8 7 , 1 92' ARC 42.88' 1 RAD. 1434.74ttj TRACT D ?rs119 S22'56541V '` 21Y CH. 75.39' 112994 g�, �` ARC 75.40', J y" S22'50'09"W ZZ�WATER QUALITY 10.00' 56�� w STRUCTURES ; CO S33'30'28"tV 64.20' N7743'12"W CH. 32.62' 10' LANDSCAPE STRIP ' ARC 32.62' N6712'42#W RAD. 2522.53' 27.05' ISE N6712'42"W _ RK L,'egocy r a E OOK REEK NY RDFT F;QVi/ion w Y aoEt s OR 5 903 Et Y 1. M8E _ (T; CT ' 904 - ; YI SHAM L902 ' rr -�gp�(TT0 71Z N th Psi o> o �; 9c g Z a ti so 969 968 970 fRkNrC 0 y 7822 7 FSS F: 5�l1Mgi B A 97Z ,6 .y tD Q �� o z +`' KATHY '104 £ o ;1.. war Cr �` 1 s 2 Ap /9 � 041 $ ( q 9f ' E DR tE e� v z WFRR 1047 1049 LPH RETT LOCATION MAP (SCALE 1 "=2000') DETENTION NOTE. DETENTION FOR THIS SITE HAS BEEN PROVIDED FOR OFF SITE SEE ALSO:' HYDROLOGICAL ANALYSIS AND FLOOD PLAIN ANALYSIS FOR: THE HERMITAGE" PREPARED BY GEORGE W. NELSON, PE GA P.E. 8617 MOST RECENTLY DATED 10/19/1999. 1 #'# THE SUBJECT PROPERTY IS NOT CONTAINED WITHIN THE LIMITS OF A FLOOD HAZARD AREA AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ELR.M. MAPS OF FULTON CO., GEORGIA (COMMUNITY PANEL NO. 13121CO057 E) DATED JUNE 22, 1998. � RAD. 1434.74 � Q- 10' LANDSCAPE STRIP �. fl0T R/W PARCEL 1 .................... 3840.17 SF - 0.068 AC OWNER DEVELOPER: S26'42'56'W WEBB ROAD PROMENADE, LLC F CH. 113.24' 3328 PEACHTREE ROAD - SUITE 300 RRAD 1434.74' ATLANTA, GEORGIA 30326 CONCRETE SIDEWALK S3O'36'15"W CH. 81.47' ARC 81.48' RAD. 1434.74' POINT OF BEGINNING: INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY GEORGIA HIGHWAY 9 (RIGHT-OF-WAY VARIES) WITH THE S67.58'16"W NORTHERLY RIGHT-OF-WAY WEBB RD (60 R/W & VARIES) 51.22' (a'k E wE9B too OAD 23.61' 0' R/W V AD £�/VS/OPV) 4 MILTON AR/E s 445.68 L.L. o J47 04 : �1 0 ate. AREA THIS TRACT.• 314,598.67 SQ. FT. 2222 ACRES V PARCEL 3 - 0.010 AC. THIS PROPERTY IS ZONED MIX CONDITIONAL: PETITION #20032-0081 NFC AND 12003VC-0111 NFC. SEE SHEET 12 FOR DETAILS GRAPHIC SCALE 0' 0 r ei 00 �;�If►IC�P.i�I�►��� THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT IN 38371 FEET AND AN ANGULAR ERROR OF 0.4 SECONDS PER ANGLE POINT, AND WAS ADJUSTED USING LEAST SQUARES METHOD. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 88,301 FEET. LINEAR AND ANGULAR MEASUREMENTS WERE OBTAINED USING A TOPCON GTS -304 TOTAL STATION. Tel. (770) 998-5763 Fax (770) 643-4855 PAGE 1 OF 4 603 Macy Drive Roswell, GA 30076 THE INTERMEDIATE REGIONAL FLOOD (IRF) ELEVATIONS SHOWN HEREON WERE DETERMINED BY THE PROFESSIONAL ENGINEER WHOSE STAMP AND SIGNATURE ARE AFFIXED HERETO. THE CITY OF MILTON DOES NOT, BY APPROVING THIS PLAT, WARRANT THEIR ACCURACY, AND DOES NOT IMPLY THAT LAND OUTSIDE THE AREAS OF FLOOD HAZARD SHOWN, WILL BE FREE FROM FLOODING OR FLOOD DAMAGE FURTHER, THE CITY OF MILTON DOES NOT BY APPROVING THIS PLAT NOR BY ACCEP77NG THE PUBLIC IMPROVEMENTS THEREIN, ASSUME MAINTENANCE OF THE FLOOD CARRYING CAPACITY OF THE FLOOD AREAS OF WATERCOURSES. MAINTENANCE SHALL REMAIN THE RESPONSIBILITY OF THE OWNERS OF THE LAND UPON WHICH THEY EXIST. THE OWNER OF A LOT OR PARCEL THAT CONTAINS FLOOD HAZARD AREA IS REQUIRED TO SUBMIT A PLAN TO THE CITY OF MILTON PRIOR TO THE INITIATION OF ANY IMPROVEMENTS TO THE LOT OR PARCEL. THE SITE PLAN SHALL INCLUDE THE LOCATION AND ELEVATION OF THE IRF WITHIN THE LOT OR PARCEL AND 714E EXISTING AND PROPOSED IMPROVEMENTS. APPROVAL OF THE SITE PLAN BY THE CITY OF MILTON, IS REQUIRED PRiOR TO ISSUANCE OF A BUILDING PERMIT. DH—HOLDS PLEASE NOTE THAT A CERTIFICATE OF OCCUPANCY HOLD MAY BE PLACED ON YOUR BUILDING PERMIT TO VERIFY THAT YOU HAVE COMPLIED WITH YOUR SUBMITTED SITE PLAN. A SITE INSPEC77ON MAY BE REQUIRED. DH—A SITE PLAN IS REQUIRED SHOWING BUILDING AND DRIVEWAY LOC477ON WiTH DIMENSIONS OF THE LOT. SHOW ALL STRUCTURES, SETBACKS, EASEMENTS, SPECIMEN TREES, BUFFERS AND PUBLIC INFRASTRUCTURE. DH—B SITE PLAN iS REQUIRED SHOWING EXIS77NG AND PROPOSED CONTOUR GRADES, EROSION CONTROL MEASURES, ITEMS IN "A" ABOVE. A REGISTERED, LICENSED PROFESSIONAL ENGINEER, LICENSED LANDSCAPE ARCHITECT OR REGISTERED SURVEYOR MUST SIGN AND SEAL THE PLANS. DH—C SITE PLAN S REQUIRED SHOWING MiNIMUM FINISHED FLOOR ELEVATION, IRF ELEVATION AND CONTOUR LINE, 25 AND 100 YEAR ELEVA77ONS OF THE DETENTION FACILITY, TOP OF BRINK FOR STREAMS, DRAINAGE DITCH AND ITEMS FOR DH—A HOLDS AS STATED ABOVE. A FINAL ELEVATION CERTIFICATE MUST BE COMPLETED BY THE PROPERTY OWNER OR REPRESENTA77VE AND SUBMITTED TO THE CITY DEPARTMENT OF TIME THE LOWEST FLOORI RSTOFLOOR (REFERENCE MMUNITY ELLEVEL) SNT AT EESTABLISHED, PRIOR TO FURTHER CONSTRUCTION OF THE BUILDING. DH—D ONLY THE DIRECTOR OR THE SPECIFIC APPOINTEE REPRESENTING THE DIRECTOR MAY RELEASE THIS TYPE OF HOLD. A DH—D HOLD iS A GENERAL HOLD FOR SPECIFIC PURPOSE NOT PREVIOUSLY COVERED BY THE PROCEEDING EXPLANATION BELOW. Drainage The owner of record, on behalf of himself (itself) and all successors in interest, specifically releases the City of Milton from any and all liability and responsibility for flooding or erosion from storm drains or from flooding from high water of natural creeks, rivers or drainage features. A drainage easement is hereby established for the sole purpose of providing for the emergency protection of the free flow of surface waters along all watercourses as established by these regulations and the Director of the Department of Public Works. Said Director may conduct emergency maintenance operations within this easement where emergency conditions exist. Emergency maintenance shall be the shall be the removal of trees and other debris, excavation, filling and the like, necessary to remedy a condition, which in the judgment of staff and Director is potentially injurious to life, property, or the public road or utility system. Such emergency maintenance, conducted for a common good, shall not be construed as constituting a continuing maintenance obligation on the part of the City of Milton nor abrogation of the City of Milton's right to seek reimbursement for expenses from the owner(s) of the property(ies) or the lands that generated the conditions. Final Plat Approval The Director of the Community Development Department of The City of Milton, Georgia, certifies that this plat complies with the City of Milton Zoning Ordinances, Conditions of Zoning, and the City of Milton Subdivision Regulations as amended. Af 6aA_J_2_a J - -09 Director, Departm nt of Community Development Date UTILITIES PROTECTION CENTER CALL FREE (j) IN METRO ATLANTA 770-623-4344 THROUGHOUT GEORGIA 1-800-282-7411 THREE WORKING DAYS BEFORE YOU DIG CAUTION Owners Acknowledgment: Statsity of of Georgia (CMilton) The owner of record of the land shown on this plat and whose name is subscribed thereto, in person or through a duly authorized agent, hereby acknowledges that this plot was made from an actual survey, dedicates to Fulton County the complete ownership and use of all water and sewer improvements constructed or to be constructed in accordance with this plot, and dedicates to the use of the public forever the following: Public Streets 0.131 Acres Public Sewer Easements 0.590 Acres Public Drainage Easements 0.000 Acres Public Parks/Open Space 0.000 Acres Public Access/Pedestrian Easements 0.000 Acres wE136 P -04 C) EWA L L C By: Date: for. WEBB ROAD PROMENADE, LLC FULTON COUNTY DEPARTMENT OF HEALTH AND WELLNESS ENVIRONMENTAL HEALTH SERVICES This development is approved provided the following following required improvements are in compliance with the Fulton County Code of Ordinances, Chapter 34, Article IV, DRINKING WATER and Article XI, SEWAGE DISPOSAL. WATER SUPPLY 0 Public Water Supply p Individual Onsite Water Supply(ies) ® r r. SEWAGE DISPOSAL O Public Sanitary Sewer System 0 Individual Sewage M County DeporftWrof Revision Date Fulton County i?WIfnent of Heaidl and Wellness Surveyors Certificate: it is hereby certified that this plat is true and correct and wasrepared from an actual survey as well as maps, plats and deeds of record oftheproperty; that all monuments shown hereon actually exist or are marked as 'Future , and their location, size and material are correctly shown. G, S T'eh'FD 2 L - ick .Evans, Ga RLS 2610 Date 02/10/09 su rc'K G.. V4 �� Plats .357 Pg 26 THE UTILITIES SHOWN ARE SHOWN FOR THE CONTRACTOR'S CONVENIENCE ONLY. THERE MAY BE 07HER UTILniES NOT SHOWN ON THESE PLANS. THE ENGINEER ASSUMES NO RESPONSIBILITY FOR THE LOCATIONS SHOWN AND IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THE LOCATIONS OF ALL UTILITIES WITHIN THE LIMITS OF THE WORK. ALL DAMAGE MADE TO EXISTING UTILITIES BY THE CONTRACTOR SHALL BE THE SOLE �!ESPONSIENLI Y OF THE CONTRACTOR. SUBDIVISION RECORD PLAT FOR. OWNER/DEVELOPER: WEBB ROAD PROMENADE, LLC 3328 PEACHTREE ROAD — SUITE 300 ATLANTA, GEORGIA 30326 REVISION 13 THIS PLAT SUPERSEDES A PORTION OF THE PLAT RECORDED IN PLAT BOOK 353, PAGE 105, THE PURPOSE OF THE REVISION IS TO MODIFY THE COMMON PROPERTY LINES BETWEEN TRACT A AND TRACT D, ADJUST AREAS AND DESCRIPTIONS AS REQUIRED PER THE OWNERS REQUEST. Final Plat Approval The Director of the Community Development Department of The City of Milton, Georgia, certifies that this plat complies with the City of Milton Zoning Ordinances, Conditions of Zoning, and the City of Milton Subdivisi n Regulations as amended. ht. /it Direit3r, Department of Communily Development 1 Date lgr GENERAL NOTES: T Legccy tR4 c - f- - - G ossieg T e cceeFT ,avirion aoFT 5 903 fT,F LMB ' 904 YJ 902 SNA ---- ` t"f l - ---e --0104-- tease so p�ii � 969 � pv '-• � i pW p n 966 i - 970 97 - --— RpAiHY� WA AM Wq y FY 1041E 4 1050' i+ WEBB �* 1oa7 loos cE ro 9 L� n r�'� 9ygst, L4 £ 1049 ALPH RE 1 TA 1048 LOCATION MAP (SCALE 1 "=2000') A. PROPERTY IS PRESENTLY ZONED MIX (CONDITIONAL) PER PETITION NO. 2003Z-0081 NFC AND 2003VC-0111 NFC. SEE SHEET 4 FOR DETAIL. B. TOTAL ACREAGE THIS SITE = 7.222 ACRES C. TOTAL NUMBER LOTS THiS SiTE = 4 OR 0.55 LOTS/ACRE E. ALL CORNERS ARE MARKED WITH 1/2' REBAR UNLESS OTHERWISE SHOWN. F. DISTANCES SHOWN ON THE PLAT SHALL BE HORIZONTAL. G. SHADED AREAS SHOWN HEREON INDICATE PERMANENT EASEMENTS. H. CITY OF MILTON PERSONNEL AND/OR AGENTS SHALL HAVE FREE AND TOTAL ACCESS TO AND ACROSS ALL EASEMENT. 1. WATER SERVICE THIS SITE PROVIDED BY FULTON CO. WATER SYSTEM. J. SEWER SERVICE THIS SITE PROVIDED BY FULTON CO. (GRAVITY) SEWER SYSTEM. FIRE PROTECTION NOTES. BE AWARE THAT FOR DWELLINGS MORE THAN FIVE HUNDRED (500) FEET OFF THE ROAD, FLAG LOTS OR LOTS WITH UNUSUAL CONFIGURATIONS, THE FIRE DEPARTMENT MAY NOT BE ABLE TO PROVIDE FIRE PROTECTION UNLESS THE FOLLOWING ARE FULFILLED: A. A FIRE HYDRANT OR OTHER WATER SOURCE APPROVED BY THE FIRE DEPARTMENT MUST BE AVAILABLE WITHIN 500 FEET OF THE DWELLINGS MOST REMOTE POiNT. B. AN ALL—WEATHER DRIVEWAY OF AT LEAST 14 FEET WIDTH AND HAVING A VERTICAL CLEARANCE OF 13 FEET 6 INCHES MUST BE PROVIDED. C. AN APPROVED TURNAROUND AT THE DEAD END OF ANT ROAD OR DRiVE OVER 150 FEET LONG MUST BE PROVIDED. D. FIRE DEPARTMENT APPROVAL IS REQUIRED FOR ANY ACCESS SO CONSTRUCTED. Tel. (770) 998-5763 Fax (770) 643-4855 THE SHOPS AT WINDWARD VILLAGE grAi AIL v` = inn' M ENGINEERS, INC.I SHEET 2 OF 4 crag r t _ THE CITY OF MILTON, GEORGIA LAND LOTS 1041, 1042, 1047 & 1048 2ND DIST. 2ND SECT. FULTON CO., GA 603 Macy Drive Roswell, GA 30076 APPROXIMATE SCALE 600 0 500 FEET NUM RM 0SYItMIIE PT IiIYI FIRM RM RE RAZE RW FULTON COUNTY, GBORGIA ANL INWKitilMkW AK1iA� ZONE X FM ROF4" .IEEE MAP INDEX fOP PANe15 NOT PPmTEDI am z_ kw Now _E ZONE X o ERM EIITE2 > 22, M H1GM`NA�. Fed-- Bmelp-11 Mtn,ge--t A89W 1N� lftis re an tw u v F as roemn dthe atioue rebroncad tooe mep k ww eXtmetae u FdArr or+une 'ma mer EDro not . t chanaw a Leh ma, � maaea e,Dant to tl o d 1 an the PmMm S Fw the lstwt rroeuot iMwmedon a S f�a Flood IMWanee Plcptam tone mays check the FEMA FIOotl Map t3tonr at ww.Y.mac.temago^/. SUBDIVISION RECORD PLAT FOR. OWNER/DEVELOPER: WEBB ROAD PROMENADE, LLC 3328 PEACHTREE ROAD — SUITE 300 ATLANTA, GEORGIA 30326 REVISION 13 THIS PLAT SUPERSEDES A PORTION OF THE PLAT RECORDED IN PLAT BOOK 353, PAGE 105, THE PURPOSE OF THE REVISION IS TO MODIFY THE COMMON PROPERTY LINES BETWEEN TRACT A AND TRACT D, ADJUST AREAS AND DESCRIPTIONS AS REQUIRED PER THE OWNERS REQUEST. Final Plat Approval The Director of the Community Development Department of The City of Milton, Georgia, certifies that this plat complies with the City of Milton Zoning Ordinances, Conditions of Zoning, and the City of Milton Subdivisi n Regulations as amended. ht. /it Direit3r, Department of Communily Development 1 Date lgr GENERAL NOTES: T Legccy tR4 c - f- - - G ossieg T e cceeFT ,avirion aoFT 5 903 fT,F LMB ' 904 YJ 902 SNA ---- ` t"f l - ---e --0104-- tease so p�ii � 969 � pv '-• � i pW p n 966 i - 970 97 - --— RpAiHY� WA AM Wq y FY 1041E 4 1050' i+ WEBB �* 1oa7 loos cE ro 9 L� n r�'� 9ygst, L4 £ 1049 ALPH RE 1 TA 1048 LOCATION MAP (SCALE 1 "=2000') A. PROPERTY IS PRESENTLY ZONED MIX (CONDITIONAL) PER PETITION NO. 2003Z-0081 NFC AND 2003VC-0111 NFC. SEE SHEET 4 FOR DETAIL. B. TOTAL ACREAGE THIS SITE = 7.222 ACRES C. TOTAL NUMBER LOTS THiS SiTE = 4 OR 0.55 LOTS/ACRE E. ALL CORNERS ARE MARKED WITH 1/2' REBAR UNLESS OTHERWISE SHOWN. F. DISTANCES SHOWN ON THE PLAT SHALL BE HORIZONTAL. G. SHADED AREAS SHOWN HEREON INDICATE PERMANENT EASEMENTS. H. CITY OF MILTON PERSONNEL AND/OR AGENTS SHALL HAVE FREE AND TOTAL ACCESS TO AND ACROSS ALL EASEMENT. 1. WATER SERVICE THIS SITE PROVIDED BY FULTON CO. WATER SYSTEM. J. SEWER SERVICE THIS SITE PROVIDED BY FULTON CO. (GRAVITY) SEWER SYSTEM. FIRE PROTECTION NOTES. BE AWARE THAT FOR DWELLINGS MORE THAN FIVE HUNDRED (500) FEET OFF THE ROAD, FLAG LOTS OR LOTS WITH UNUSUAL CONFIGURATIONS, THE FIRE DEPARTMENT MAY NOT BE ABLE TO PROVIDE FIRE PROTECTION UNLESS THE FOLLOWING ARE FULFILLED: A. A FIRE HYDRANT OR OTHER WATER SOURCE APPROVED BY THE FIRE DEPARTMENT MUST BE AVAILABLE WITHIN 500 FEET OF THE DWELLINGS MOST REMOTE POiNT. B. AN ALL—WEATHER DRIVEWAY OF AT LEAST 14 FEET WIDTH AND HAVING A VERTICAL CLEARANCE OF 13 FEET 6 INCHES MUST BE PROVIDED. C. AN APPROVED TURNAROUND AT THE DEAD END OF ANT ROAD OR DRiVE OVER 150 FEET LONG MUST BE PROVIDED. D. FIRE DEPARTMENT APPROVAL IS REQUIRED FOR ANY ACCESS SO CONSTRUCTED. Tel. (770) 998-5763 Fax (770) 643-4855 THE SHOPS AT WINDWARD VILLAGE grAi AIL v` = inn' M ENGINEERS, INC.I SHEET 2 OF 4 crag r t _ THE CITY OF MILTON, GEORGIA LAND LOTS 1041, 1042, 1047 & 1048 2ND DIST. 2ND SECT. FULTON CO., GA 603 Macy Drive Roswell, GA 30076 BOUNDARY DESCRIPTIONS: S10'IV 39'19"W ARC 42.88' RAD. 1434,74 ID: BEARING. CHORD: ARC: RADIUS: L 1 N66'02'340E 12.48' 21.63' ARC 75.40' L2 S61'30'37"E 41.79' CH. 29.51' L3 S61'30'37"E 11.61' a� ' C1 N78'3952'E 18.80' 16.82' 121.53' L4 S19'23'470E &21' ARC 81.48' C2 S03'41 '00'E 30.27' 30.66' 55.89' C3 N55'5957"E 50.89' 56.97' 35.00' C4 S8707'59"E 41.23' 41.43' 121.53' TRACT AREA SUMMARY: TRACT A 1 169048.65 SF 3.880 AC. TRACT A2 18980,11 SF 0.436 AC. TRACT A3 33129.21 SF 0.761 AC. 221157.97 SF 5.077 AC. I F Z Rlat� 357 P9 REFERENCE MATERIAL: PLAT OF ROBERT L. BOWEN ESTATE PREPARED BY KENNETH L. CARLISLE GEORGIA REGISTERED LAND SURVEYOR NUMBER 1503 DATED NOV. 6, 1967 AND RECORDED AT PLAT BOOK 88, PAGE 89 OF THE FULTON COUNTY, GEORGIA RECORDS. LIMITED WARRANTY DEED BETWEEN COGBURN ROAD, LP AND COGBURN ROAD INVESTMENTS, LP DATED DECEMBER 30, 1999 AND RECORDED AT DEED BOOK 28307, PAGE 262 OF THE FULTON COUNTY, GEORGIA RECORDS. LIMITED WARRANTY DEED BETWEEN FULTON WEBB ASSOCIATES LIMITED PARTNERSHIP AND COGBURN ROAD INVESTMENTS, LP DATED MARCH 20, 2000 AN RECORDED AT DEED BOOK 28815, PAGE 261 OF THE FULTON COUNTY, GEORGIA RECORDS. AS -BUILT SURVEY FOR: WINDWARD VILLAGE PARKWAY, A PRIVATE STREET, PREPARED BY SHIREY NELSON AND ASSOCIATES, INC. DATED AUGUST 21, 2001. UTILITIES PROTECTION CENTER CALL FREE IN METRO ATLANTA 770-623-4344 THROUGHOUT GEORGIA 1-800-282-7411 THREE WORKING DAYS BEFORE YOU DIG 0 0 104 ,� 104 N42'44'23"E CH. 398.89' ARC 439.56' RAD. 290.80' ; COMMONWEALTH WAY (PRIVATE ROAD) 1 444/ s / Q ' t o o�`;� 1 �i TRACT A2 / PROPERTY LINE IS ALONG I THE BACK OF CURB. APPROX. LAND LOT UNE N00'33'47"WTRACT Al 144.71' I N04'24'04'E CH. 109.44' ARC 109.58' RAD. 632.39 N10*20'26"E CH. 21.53 _ ARC 21.53' RAD. 632.39 N08'08'11 "W CH. 20.62' ARC 2 LOX RAD. 30.96' I/- CAUTION THE UTILITIES SHOWN ARE SHOWN FOR THE CONTRAC'TOR'S CONVENIENCE ONLY. THERE MAY BE OTHER UTILITIES NOT SHOWN ON THESE PLANS. THE ENGINEER ASSUMES NO RESPONSIBILITY FOR THE LOCATIONS SHOWN AND IT SHALL BE THE CONTRACTOR'S RESPON8IBILITY TO VERIFY THE LOCATIONS OF ALL UTILITIES WITHIN THE LIMITS OF THE WORK. ALL DAMAGE MADE TO EXISTING UTILITIES EY THE CONTRACTOR SHALL BE THE SOLE 1 RESPONSIBILITY OF THE CONTRACTOR. A COMMONWEALTH POINT (PRIVATE ROAD) S81'29'400E CH. 89.40' ARC 90.11' L 1 RAD. 207.13' S64'01'30"E 44.55'x_ / L3 S66'40'05"W S74'49'07"E 57 01S5948'05'E CH. 43.86' j ARC 44.55' i` RAD. 74.87' 10' LANDSCAPE STRIP 51.31 ' S10'IV 39'19"W ARC 42.88' RAD. 1434,74 136.13' TRACT 8 1 10/05/10 REVISED COMMON PROPERTY UNE TRACTS I L "B" " " 8 AND C PER OWNERS REQUEST. I S1222571W N76-57' 11 21.63' ARC 75.40' 3 09/01/11 REVISED COMMON PROPERTY UNE TRACTS I RAD. 1434.74' S13'38'26"W CH. 29.51' 186 2?" ' ARC 29.51' 40. 1377.98' S26.42'56'W a� ' S19'36'23"W TRACT C �, 41 HOO' l S19'3�'23'W --- --- -- 27:91 -- 41 N6�r�1"W S6j.?SF ; 48.44 15 0) 335'0106'W CH. 37.56' ARC 37.85' RAD. 89.00' S42'47'52'E 48.71 C3 ' / 01 C4 I C1 i_C� A / TRACT A3 • !;� N7743'12'W _JF�10' LANDSCAPE E STR1P N7226 CH. 32.62' ARC 32.62' N6712'42"W , RAD. 2522.53' 27.05' ' (o k WE.BR N6713.611' 2 ' WEaeB �A� (60' ROAD R/W & V h &S/ON) 04 I 1047 a 4 ?rs7,9 TRACT D ?�9 0 pp"p p9V , S6Tp9si � �,' , , , , , S3, 30'28"W S67'58'16"W 51.22' CH. 42.87' 9?' 7 REV. DATE DESCRIPTION ARC 42.88' RAD. 1434,74 DRAWN PJM ENGINEERS, INC. 1 10/05/10 REVISED COMMON PROPERTY UNE TRACTS E ' "B" " " 8 AND C PER OWNERS REQUEST. S22'56'54"W ��,Q q CH. 75.39 "A", "D" & A3 PER OWNERS REQUEST. ARC 75.40' 3 09/01/11 REVISED COMMON PROPERTY UNE TRACTS I RAD. 1434.74' r 10' LANDSCAPE STRIP �o� A0-�� S26.42'56'W a� CH. 113.24' ARC 113.27' RAD. 1434.74' S3O'36'15"W CH. 81.47' ARC 81.48' RAD. 1434.74' POINT OF BEGINNING: INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY GEORGIA HIGHWAY 9 (RIGHT-OF-WAY VARIES) WITH THE -NORTHERLY RIGHT-OF-WAY WEBB RD (60' R/W & VARIES) THIS PROPERTY IS ZONED MIX CONDITIONAL: PETITION 12003Z-0081 NFC AND 12003VC-0111 NFC. SEE SHEET 12 FOR DETAILS GRAPHIC SCALE 00 0i 0i /. TRA GDK. %.; Legacy t?wt YCGR EEi - P,avilion rur 05 903 CT;Y CCT ' 904 - Y AM t So ILLI c 969 Nq T 966, - 68,::n' -- 970 ERA rC ... 1 - 7s„ 7 Et a S S 977`' 6 f ¢d . c - pNAi11YWA� W tN a ' WA a .i 1642 AM V FY 1 1041 9 c� F �iP50� L.'cw WEBS '' w ' v 1047 :1046 q 1t)49 ALP RETTA ��Qu F LOCATION MAP (SCALE 1 "=2000') DETENTION NOTE: DETENTION FOR THIS SITE HAS BEEN PROVIDED FOR OFF SITE. SEE ALSO." HYDROLOGICAL ANALYSIS AND FLOOD PLAIN ANALYSIS FOR: THE HERMITAGE" PREPARED BY GEORGE W. NELSON, PE GA RE 8617 MOST RECENTLY DATED 10/19/1999. OWNER/DEVELOPER: WEBB ROAD PROMENADE, LLC 3328 PEACHTREE ROAD - SUITE 300 ATLANTA, GEORGIA 30326 PRECISION OF SURVEY.• THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT IN 38371 FEET AND AN ANGULAR ERROR OF 0.4 SECONDS PER ANGLE POINT, AND WAS ADJUSTED USING LEAST SQUARES METHOD. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 77,026 FEET. LINEAR AND ANGULAR MEASUREMENTS WERE OBTAINED USING A TOPCON GTS -304 TOTAL STATION. 0 R G G�STEREo y * �Cx C. REV. DATE DESCRIPTION SUBDIVISION RECORD PLAT FOR: THE SHOPS AT WINDWARD VILLAGE THE CITY OF MILTON, GEORGIA LAND LOTS 1041, 1042, 1047 & 1048 2ND DIST. 2ND SECT. FULTON CO., GA DRAWN PJM ENGINEERS, INC. 1 10/05/10 REVISED COMMON PROPERTY UNE TRACTS CHECKED LCE "B" " " 8 AND C PER OWNERS REQUEST. DATE 02/10/09 2 12/01/10 REVISED COMMON PROPERTY LINE TRACTS " _ SCALE 1 100 "A", "D" & A3 PER OWNERS REQUEST. 3 09/01/11 REVISED COMMON PROPERTY UNE TRACTS 1406division.dwg 'A" & 'D" PER OWNERS REQUEST. Tel. (770) 998-5763 Fax (770) 643-4855 PAGE 3 OF 4 603 Macy Drive Roswell, GA 30076 PETITION No. 2003Z -0081 NFC 2003VC-0111 NFC RECOMMENDED CONDITIONS If this petition is approved by the Board of Commissioners, it should be approved MIX (Mixed Use) CONDITIONAL subject to the owner's agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of intent, these conditions shall supersede unless specifically stipulated by the Board of Commissioners. 1. To the owner's agreement to restrict the use of the subject property as follows: a. Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, at a maximum density of 2,228.14 gross square feet per acre zoned or a total of 67,000 square feet, whichever is less, but excluding commercial amusements. b. Office/institutional and accessory uses at a maximum density of 1,662.79 square feet of gross floor area per acre zoned or a total gross floor area of 50,000 square feet, whichever is less, but excluding hotels. C. A maximum of 3 outparcels shall be allowed on the subject site, provided they are located as shown on the site plan referenced in Condition 2,a. The total gross square footage shall be calculated as part of the total floor area allowed in Condition 1.a. 2. To the owner's agreement to abide by the following:. a. To the site plan received by the Department of Environment and Community Development on June 10, 2003. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. To the owner's agreement to the following site development considerations: a. The minimum development standards are: Perimeter Setbacks 40 -foot setback along Highway 9 10 -foot setback along Webb Road 0 -foot setback along interior property lines MME -0087 N.o7t Petition: 20032 -0081 NFC 2003VC-01 t 1 NFC RIP: 20002 -0151 NFC t�a�wa�ereroa WRAP-UP 23-t 80C Heating: qa/68/03 copy of the results of these meetings will be requirbd to be submitted along with the application for a Land Disturbance Permit, b. Prior to the application for a Land Disturbance Permit with the Department of Environment and Community Development, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the Fulton County Arborist. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit. C. Prior to the application for a Land Disturbance Permit (LDP) with the Department of Environment and Community Development, the developer/engineer shalt contact the Public Works Department, Water Service Division and arrange to meet with the Fulton County Drainage Engineer on-site. d. The engineer/developer is required to submit along with the application for a Land Disturbance Permit (LDP) signed documentation verifying the storm water concept plan approval e. Provide at the LDP approval documentation (such as cross-section, profile, etc.) describing all existing natural streams, creeks, or draws geometry, within the proposed development boundary and provide the appropriate bank erosion protection far the conveyance system after development. f. Prior to the application for a Land Disturbance Permit, the developer/engineer shall submit to the Department of Public Works, Surface Water Management Section, a project Storm Water Concept Plan. This concept plan shall include a preliminary drawing describing the proposed location of the project surface water quality and quantity facilities/Best Management Practices (BMP'sl, the existing downstream off-site drainage conveyance system that the proposed development runoff will impact, and the discharge path(s) from the faclities'/BMP's outlet(s) through the offsite drainage system to the appropriate receiving waters. As part of the concept plan, a preliminary capacity analysis shall be performed on the identified offsite drainage system to identify the capacity of all points of constraint (pipes, culverts, etc.), the point in the stream channel where 25 year storm peak flow is the greatest percentage of the channel capacity, and the impact of post developed flows on these points. The critical capacity points shall be selected based upon the engineers' professional judgment and limited field survey data. 9- The developer/engineer is responsible to conceptually describe to the County at the Storm Water Concept Plan approval phase post development structural Best Management Practices (BMP's) to be utilized to reduce surface water pollution impact associated with the proposed development. MME (P:lManAnalyefslfUr—MICataftW Wn#WZ -000tN.071 WW -UP 23-4 PatMon: 20032 -0081 NFC 2003VC0111 NFC RIP: 2000E -0161 NFC hoc Meedng:0801/03 R a ST fRF®q 2 * { REV. DATE DESCRIPTION 1 10105110 REVISED COMMON PROPERTY LiNE TRACTS '8" AND "C" PER OWNERS REQUEST. 121OVIO REVISED COMMON PROPERTY LINE TRACTS "A", "D" & A3 PER OWNERS REQUEST. 3 091OV 11 I REVISED COMMON PROPERTY UNE TRACTS 0 -foot minimum building separation b, Provide tree density for the entire site, not by individual parcels. (99VC-144 NFC, Part 8) C. Allow sidewalks to be located within the required landscape strips along all public road frontages. (99VC-144 NFC, Part 5) d. Provide for internal access drives to be located as approved by the Fulton County Traffic Engineer. (99VC-144 NFC, Part 2) e. Allow shared parking according to Article 18.2.2. f. Reduce all buffers and landscape strips adjacent to MIX (Mixed Use) zoning. (2003VC-0111 NFC, Part 1) g. No more than a total of 4 exit/entrances will be permitted on the north side of Webb Road between Cogbum Road and Cumming Highway ISR 9). Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. One driveway may only be used as a maintenance access to the pump station. h. No more than a total of 2 exWentrances will be permitted on the west side of Cumming Highway within 1,300 feet of Webb Road. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer, 4. To the owner's agreement to abide by the following requirements, dedication and improvements: a. Reserve for Fulton County along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. Ail required landscape strips and buffers shall straddle the reservation fine so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feat of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Article 4.23 shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation. MME 4P:1PtanAnalysiatP�rtnerotGde"slpedlfanM03Z-ODSIM07) Petttlm,, 20082-0081 NFC 2,003VC-0111 NFC ramm�tem2 WRAP -1115 80c 20602 -0167 NFC 23-2 BOC Meeting; 08!08/09 The detailed engineering analysis and specifications of BMP's shall be included as a part of the LDP storm water submittal. h. Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, the discharge from any storm water management facility shalt mimic pre -development sheet flow conditions and shall as a minimum utilize a level spreader as described in "Fulton County Storm Water Management Storm Drainage Design and Criteria Manual, December 2000'. I. At the Concept review stage provide information on the Structural Best Management Practices (BMP's) that will be used to remove pollutants, such as organic matter, oil and grease from parking lot surface water runoff leaving the site. An assessment of the use of adsorptive filter catch basun inserts shall be provided, and selected BMP's shall be described and located on the storm water concept plan. MME (P:VIonAnal 9M"annW1ACeseatpetWon#03Z -0081N.07) WRAP.tW 23-6 SUBDIVISION RECORD PLAT FOR. Petittan: 20a3Z -aril NFC 2003VC-0111NFC R/P: 2000E -0151 NFC soc Meeting: 08/08/03 THE SHOPS AT WINDWARD VILLAGE THE CITY OF MILTON, GEORGIA LAND LOTS 1041, 1042, 1047 & 1048 2ND DiST. 2ND SECT. FULTON CO., GA 55 feet from centerline of Cumming Highway (SFS 9) or as may be required by the Georgia Department of Transportation; 45 feet from centerline of Webb Road. b. Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to Fulton County such additional right-of-way as may be required to provide at least 10.5 tee of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the rights-of-way are being improved: 30 feet from centerline of Webb Road. 30 feet from cerrrerline of Cumming Highway (SR 9) or as may be required by the Georgia Department of Transportation. C. Provide a deceleration lane for each project entrance or as may be required by the Fulton County Traffic Engineer, d. Provide a left turn lane for each project entrance or as may be required by the Fulton County Traffic Engineer. e. Provide signalization as required by the Fulton County Traffic Engineer. f. Provide a traffic impact mitigation plan to reduce the number of vehicular trips generated by the development to the Fulton County Traffic Engineer at the concept review phase, g. Provide intersection improvements at Webb Road and Cumming Highway (SR 9) as required by the Fulton County Traffic Engineer. h. Provide a traffic impact study for the development to the Fulton County Traffic Engineer at the concept review phase. I. Provide sidewalks internal to the development at minimum on one side of all internal streets. 5. To the owner's agreement to abide by the following. a. To contact the Director of Public Works, prior to the application for a Land Disturbance Permit with the Department of Environment and Community Development, to meet with the Fulton County Traffic Engineer. A signed MME (F*.WanMelY tw a\CeseeyaNtknA03Z-o08tN:071 Petition, 20032-0081 NFC 2003VC-011 t NFC RIP: 20002 -0181 NFC Pna,e;aiaos WR1i0.UP 233 Sac Meet7ng: 08M103 Plats cat f-' e I i� 3S7 R9i28 Rob Clerk Of Superior CountYr Georgia � s o ri DRAWN PJM CHECKED DATE 02/10/09 SCALE 1" = 100' 1 ENGINEERS, INC. Tel. (770) 998-5763 Fax (770) 643-4855 SHEET 4 OF 4 603 Macy Drive Roswell, GA 30076 Prepared by the Community Development Department for the December 19, 2011 Mayor and City Council Meeting (First Presentation December 5, 2011) Page 1 of 9 PETITION NUMBER(S): ZM11-03 PROPERTY INFORMATION ADDRESS 12792 Donegal Lane (Vickery Crest Subdivision, Lot #39) DISTRICT, LAND LOT 2/2, 1053 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING CUP (Community Unit Plan) RZ05-135 EXISTING USE Single Family Residence PROPOSED USE Accessory Structure to the Single Family PETITIONER Gerald Hudgins ADDRESS 12792 Donegal Lane Milton, GA 30004 PHONE 770-754-0910 APPLICANT’S REQUEST: 1) To modify Condition 3.a. of RZ05-135 to reduce the Minimum Rear Yard from 50 feet to 10 feet along the west property line for Lot #39 (12792 Donegal Lane). COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM11-03 – APPROVAL CONDITIONAL Prepared by the Community Development Department for the December 19, 2011 Mayor and City Council Meeting (First Presentation December 5, 2011) Page 2 of 9 LOCATION MAP Prepared by the Community Development Department for the December 19, 2011 Mayor and City Council Meeting (First Presentation December 5, 2011) Page 3 of 9 SITE PLAN RECEIVED ON NOVEMBER 3, 2011 Prepared by the Community Development Department for the December 19, 2011 Mayor and City Council Meeting (First Presentation December 5, 2011) Page 4 of 9 Partially Constructed Accessory Structure in rear setback and drainage easement View from Donegal Lane toward the Accessory Structure Prepared by the Community Development Department for the December 19, 2011 Mayor and City Council Meeting (First Presentation December 5, 2011) Page 5 of 9 Views looking north along the rear property line from behind the shed View looking east toward the house from the rear property line Prepared by the Community Development Department for the December 19, 2011 Mayor and City Council Meeting (First Presentation December 5, 2011) Page 6 of 9 Condition to be modified (indicated in yellow highlight): 3. To the owner’s agreement to the following site development considerations: a. The applicant’s proposed minimum setbacks and design standards are as follows: Minimum front yard Setback: 30 feet Minimum side yard (Interior): 5 feet Minimum side corner yard (Corner): 20 feet Minimum rear yard: 25 feet Minimum Rear Yard along the west/South property lines: 50 feet except for lot #39 (12792 Donegal Lane) which shall be 10 feet Minimum Setback along Hopewell Road: 50 feet Minimum Lot Width: 90 feet Analysis and Recommendation The applicant is requesting a reduction of the minimum rear yard (west property line of the subdivision) adjacent to Providence Oaks Subdivision. The applicant began construction of a gardening shed approximately 10 feet from the rear property line. It was discovered by Staff that the location of the shed was also within the 20 foot draina ge easement as recorded on the final plat for Vickery Crest Subdivision. Staff requested that the homeowner cease further construction until the issue was resolved through the Zoning Modification process. The applicant intends to finish the outside of the structure with the same materials and architecture as the house. Staff notes that a building permit is not required for accessory structures less than 120 square feet. The site plan shows that the buildable area for the lot is small and appears that the existing location of the shed is one of the only areas to place the structure on the lot. After explaining the issue of the drainage easement allowing the free flow of water down the back side of the subdivision, the applicant has agreed to put the structure on pillars so water can flow freely underneath it. Secondly, Staff is recommending that the structure be screened from the street view. These items will be included in the Recommended Conditions. The applicant has supplied Staff with two letters of support, one from the property owner directly behind the subject site in Providence Oaks Subdivision and one from the property owner adjacent to the north at 12782 Donegal Lane. These letters are at the end of the report. It appears that if the structure is raised to allow water to flow and screened from the street, there appears not to be a negative impact on the adjacent property owners. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM11-03. Prepared by the Community Development Department for the December 19, 2011 Mayor and City Council Meeting (First Presentation December 5, 2011) Page 7 of 9 RECOMMENDED CONDITIONS Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ05-135) should be revised to read as follows: 3. To the owner’s agreement to the following site development considerations: a. The applicant’s proposed minimum setbacks and design standards are as follows: Minimum front yard Setback: 30 feet Minimum side yard (Interior): 5 feet Minimum side corner yard (Corner): 20 feet Minimum rear yard: 25 feet Minimum Rear Yard along the west/South property lines: 50 feet except for lot #39 (12792 Donegal Lane) which shall be 10 feet only for the existing accessory structure depicted in the site plan dated November 3, 2011 Minimum Setback along Hopewell Road: 50 feet Minimum Lot Width: 90 feet c. The existing accessory structure on Lot #39 shall be elevated a minimum of 12 inches from the ground to allow water to flow. d. The existing accessory structure located on Lot #39 shall be screened from view from Donegal Lane. Prepared by the Community Development Department for the December 19, 2011 Mayor and City Council Meeting (First Presentation December 5, 2011) Page 8 of 9 Prepared by the Community Development Department for the December 19, 2011 Mayor and City Council Meeting (First Presentation December 5, 2011) Page 9 of 9 ORDINANCE NO. PETITION NO.ZM11-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION Z05-132 ON MAY 3, 2006 PROPERTY LOCATED ON HOPEWELL ROAD IN LAND LOTS 1053, 1108 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 22.343 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on December 19, 2011 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on May 3, 2006, for petition Z05-132 that approved a zoning to CUP (Community Unit Plan) for property located on Hopewell Road (Vickery Crest Subdivision) consisting of a total of approximately 22.343 acres, attached hereto and made a part herein; SECTION 2. ALL THAT TRACT or parcel of land located in Land Lots 1053 and 1108, 2nd District 2nd Section of the attached legal description; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance for Lot #39, 12792 Donegal Lane. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 19th day of December, 2011. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL ZM11-03 Hopewell Road (Vickery Crest Subdivision) for Lot #39, 12792 Donegal Lane RECOMMENDED CONDITIONS The Mayor and City Council approved this petition; the recommended conditions (RZ05-135) should be revised to read as follows: 3. To the owner’s agreement to the following site development considerations: a. The applicant’s proposed minimum setbacks and design standards are as follows: Minimum front yard Setback: 30 feet Minimum side yard (Interior): 5 feet Minimum side corner yard (Corner): 20 feet Minimum rear yard: 25 feet Minimum Rear Yard along the west/South property lines: 50 feet except for lot #39 (12792 Donegal Lane) which shall be 10 feet only for the existing accessory structure depicted in the site plan dated November 3, 2011 Minimum Setback along Hopewell Road: 50 feet Minimum Lot Width: 90 feet c. The existing accessory structure on Lot #39 shall be elevated a minimum of 12 inches from the ground to allow water to flow. d. The existing accessory structure located on Lot #39 shall be screened from view from Donegal Lane. SITE PLAN SUBMITTED ON NOVEMBER 3, 2011 Page 1 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) PETITION NUMBER(S): ZM11-04/VC11-06 PROJECT NAME Deerfield Green PROPERTY INFORMATION ADDRESS Northwest Corner of Webb and Morris Roads and Deerfield Pkwy DISTRICT, LAND LOT 2/2, 1044, 1045, 1046 OVERLAY DISTRICT State Route 9 EXISTING ZONING MIX (Mixed Use Development (RZ05-022 , ZM07-03, ZM09-03, V10-07) ACRES 32.029 EXISTING USE Partially developed townhomes within a mixed use development OWNER Redus Atlanta Housing, LLC 3563 Phillips Hwy, Suite 601E Jacksonville, Florida 32207 APPLICANT Lennar- Georgia – Todd Jones 750 Hammond Dr. Building 6, Suite 200 Atlanta, GA 30328 - (404) 443-3630 INTENT To request the following conditions of RZ05-22 and ZM09-03 be modified to the following: 1d. Site development shall be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 except for lots identified as 136 through 163 on the revised site plan submitted on November 24, 2009 to the City of Milton Community Development Department (ZM09-03); 186 through 220 on the revised site plan submitted on November 3, 2011 to the City of Milton Community Development Department. (RZ05 -22) 1f. The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots identified as 136 through 163 shall be a minimum heated floor area of 1,850 square feet. All units shall have a rear entry 2-car garage except for those lots identified as 136 through 163 shall have a front entry 2-car garage per the revised site plan submitted on November 24, 2009 to the City of Milton Community Development Department (ZM09-03); 186 through 220 shall have a front entry 2- car garage and a minimum heated floor area of 1,850 square feet per the revised site plan submitted on November 3, 2011 to the City of Milton Community Development Department. (RZ05 -22) 1g. Units 136 through154 provide a minimum of a 20’ setback from the back of sidewalk to the garage door and Units 155 through163 provide a minimum of a 18 foot setback from the back of sidewalk to the garage door; Units 186 through 220 provide a minimum of a 18 foot setback from the back of sidewalk to garage door. (RZ05-22) 2a. To the revised site plan received by the City of Milton Community Development Department on November 3, 2011. Said site plan is not conceptual; the developer must strictly adhere to the site plan as submitted. Any changes to the site plan must be approved by the Director of Community Development and must meet or exceed the requirements of the Zoning Ordinance and these conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (RZ05-22) To request the following 2 part concurrent variance to1) To reduce the number of required parking spaces from 18 spaces to 13 spaces for the amenity area (Section 64-1410); 2) To allow the rear of townhome units to exceed 25% cement siding for units 186 through 220 (Section 64-1095 (p)). Page 2 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) DECEMBER 5, 2011 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM11-04 - DENIAL VC11-06 (Parts 1-2) – DENIAL Page 3 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) Location Map Page 4 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) REVISED SITE PLAN SUBMITTED NOVEMBER 3, 2011 Page 5 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) Revised Site Plan Received November 24, 2009 (ZM09-03) Page 6 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) DETAILED LANDSCAPE PLAN FOR ENTRANCE RECEIVED NOVEMBER 24, 2009 (ZM09-03) Page 7 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) View from Webb Road of existing rear entry garages Page 8 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) View from Webb Road of existing front facades View from Morris Road where units are proposed for front entry garages adjacent to retaining wall Page 9 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) Front view of front loading units lots 155-158 (Approved ZM09-03) Rear elevation of new front loading units on lots 155-158 (Approved V10-07) Page 10 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) Area for the proposed front loading units (New Fawn Circle) Area of proposed amenity area left of the road Page 11 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) Analysis and Recommendation: The subject site is partially developed and is approved for 256 town homes and 56,400 square feet retail/office zoned MIX (Mixed Use) pursuant to Z05 -22. The retail/office portion of the project has not been developed. Staff notes that the applicant plans to build a total of 248 units, eight (8) units less than the approved zoning. A total of 59 units have been built, four (4) of which are front loading units as approved pursuant to ZM09-03 (site plan depicted on page 5). The current applicant would build the same front loading townhouse unit that was approved in 2009 and later approved by the City of Milton Design Review Board as depicted in the photo on page nine. The zoning modification approved in 2007, ZM07-03/VC07-09 revised the overall site plan to include an amenity area as well as a concurrent variance to reduce the 100 foot setback for pools from all property lines. This site plan is shown on page seven. In 2009, pursuant to ZM09-03 the developer requested that lots 136 through 220 (63 lots) in the northeast section of the development adjacent to TR (Townhouse Residential) be developed with front loading units, minimum 1,850 square foot instead of the rear loaded, minimum 2,000 square foot units that were originally approved for the site. The original request in ZM09-03 included 35 lots facing the proposed amenity area. With this proposal, Staff recommended denial based on the fact that it was not consistent with the zoning approved in 2005 which depicted that all of the units were to be rear loading. After further input from the community and the developer at the time, the number of lots proposed to be front loading was reduced from 63 to 28 units. Based on the input from the community and the reduction in front loading units, Staff recommended approval (revised site plan dated November 24, 2009 shown on page five) and was approved by the Mayor and City Council on December 7, 2009. The applicant at the time of the approval of ZM09-03 also was conditioned to provide additional plantings at the eastern entrance of the subdivision on Morris Road. The approved planting plan is provided on page 6 of this report. COMMUNITY ZONING INFORMATION MEETING – NOVEMBER 30, 2011 At the time of publishing this report, the CZIM meeting had not occurred yet. EXISTING Condition 1.d: Site development shall be substantially consistent with the rendering and elevation submitted to the Department of Environment and Community Development on June 27, 2005 except for lots identified as 136 through 163 on the revised site plan submitted November 24, 2009 to the City of Milton Community Development Department (ZM09-03) PROPOSED Condition 1.d.- Site development shall be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 except for lots identified as 136 through 163 Page 12 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) on the revised site plan submitted November 24, 2009 to the City of Milton Community Development Department); 186 through 220 on the revised site plan submitted on November 3, 2011 to the City of Milton Community Development Department. As discussed above, the previous developer of the site was approved to build a total of 28 front loading townhome units. In part, this was recommended based on the fact that the retaining wall behind lots 136 through 150 did not provide adequate space for the rear alley access along the north side of New Fawn Lane. The applicant’s letter of intent dated November 3, 2011 states that the same front loading townhouse would be constructed along New Fawn Circle (Lots 186 through 220) consistent with the previous front loading units. The intent of the developer, if approved would begin construction of the amenity area at the point where fifty percent of the front loading townhomes in this modification is sold and completed by the time the last townhouse is sold. In addition, the applicant is requesting a concurrent variance to allow cement si ding for the rear of the townhomes on lots 186 through 220 which is consistent with the approved front loading townhomes. This concurrent variance will be discussed below. At the time of the previous request pursuant to ZM09-03, Staff stated the following, “The revised site plan promotes the village concept by providing an alley and rear entry garages adjacent to the amenity area as well as providing screening of the front entry garages from Morris Road.” The current request if approved would not be consistent with the above statement. Although, the previous request was approved, it is Staff’s opinion that by increasing the number of front loading units along New Fawn Circle to a total of 63 front loading townhomes and deleting the alleys, the overall development would not be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 and subsequently approved by the Board of Commissioners. Therefore, Staff recommends DENIAL of Condition 1.d. Below are the renderings that are conditioned in Condition 1.d. that depict the concept of the development. Page 13 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) Page 14 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) Existing Condition 1.f. - The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots identified as 136 through 163 shall be a minimum heated floor area of 1,850 square feet. All units shall have a rear entry 2-car garage except for those lots identified as 136 through 163 shall have a front entry 2-car garage per the revised site plan submitted on September 11, 2009 to the City of Milton Community Development Department. Proposed Condition 1.f. - The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots identified as 136 through 163 shall be a minimum heated floor area of 1,850 square feet. All units shall have a rear entry 2-car garage except for those lots identified as 136 through 163 shall have a front entry 2-car garage per the revised site plan submitted on November 24, 2009 to the City of Milton Community Development Department (ZM09-03); 186 through 220 shall have a front entry 2- car garage and a minimum heated floor area of 1,850 square feet per the revised site plan submitted on November 3, 2011 to the City of Milton Community Development Department. (RZ05-22) As discussed above, the previous developer of the site was approved to build a total of 28 front loading townhome units with a reduction of the minimum heated floor area from 2,000 square feet to 1,850 square feet along the north side of New Fawn Lane. The applicant’s letter of intent dated November 3, 2011 states that the same front loading townhouse would be constructed consistent with the previous front loading units with 1,850 square feet in size adjacent to the proposed amenity area on New Fawn Circle. In addition, the intent of the developer, if approved would begin construction of the amenity area at the point where fifty percent of the front loading townhouse in this modification is sold and completed by the time the last townhouse is sold. At the time of the previous request pursuant to ZM09-03, Staff stated the following, “The revised site plan promotes the village concept by providing an alley and rear entry garages adjacent to the amenity area as well as providing screening of the front entry garages from Morris Road”. The need for the reduction in square footage is based on the new front loading unit. The current request if approved would not be consistent with the above statement. Although, the previous request was approved, it is Staff’s opinion that by increasing the number of front loading units to a total of 63 and deleting the alleys, the overall development would not be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 and subsequently approved by the Board of Commissioners. Therefore, Staff recommends DENIAL of Condition 1.f. Page 15 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) Existing Condition 1.g. – Units 136 through 154 provide a minimum of a 20 foot setback from the back of sidewalk to the garage door and Units 155 through 163 provide a minimum of a 18 foot setback from the back of sidewalk to the garage door. Proposed Condition 1.g. – Units 136 through 154 provide a minimum of a 20 foot setback from the back of sidewalk to the garage door and Units 155 through 163 provide a minimum of a 18 foot setback from the back of sidewalk to the garage door; 186 through 220 provide a minimum of a 18 foot setback from the back of sidewalk to the garage door. Condition 1.g. was included based on the approval of front entry townhome for lots 136 through 163 to provide adequate spacing for parking a car on the driveway and not to block the sidewalk along the north side of New Fawn Lane. The applicant is requesting that the proposed new front loading townhomes provide a minimum 18 foot setback from the back of the sidewalk to the garage door to be consistent with the condition included in ZM09-03. At the time of the previous request pursuant to ZM09-03, Staff stated the following, “The revised site plan promotes the village concept by providing an alley and rear entry garages adjacent to the amenity area as well as providing screening of the front entry garages from Morris Road”. Although, the previous request was approved, it is Staff’s opinion that by increasing the number of front loading units to a total of 63 and deleting the alleys, the overall development would not be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 and subsequently approved by the Board of Commissioners. Therefore, Staff recommends DENIAL of Condition 1.g. Existing Condition 2.a. - To the revised site plan received by the City of Milton Community Development Department on November 24, 2009. Said site plan is not conceptual; the developer must strictly adhere to the site plan as submitted. Any changes to the site plan must be approved by the Director of Community Development and must meet or exceed the requirements of the Zoning Ordinance and these conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (ZM09-03) Proposed Condition 2.a. - To the revised site plan received by the City of Milton Community Development Department on November 3, 2011. Said site plan is not conceptual; the developer must strictly adhere to the site plan as submitted. Any changes to the site plan must be approved by the Director of Community Development and must meet or exceed the requirements of the Zoning Ordinance and these conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Page 16 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) When the original zoning was approved pursuant to RZ05-022 by Fulton County, the site plan was not conceptual but intended to strictly ad here to the site plan submitted. As discussed above, the request for 35 additional front loading townhomes is inconsistent with the original intent and plan for the development. The total of 63 front loading units within 248 total units (approximately 25 percent of the total number of units) would not be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 and subsequently approved by the Board of Commissioners. Therefore, Staff recommends Denial of Condition 2.a. to replace the revised site plan with the revised site plan submitted on November 3, 2011. VC11-06 - Part 1) To reduce the number of required parking spaces from 18 spaces to 13 spaces for the amenity area (Section 64-1410) The applicant is requesting this concurrent variance to reduce the required parking for the amenity area as required in Section 64-1410 of the Zoning Ordinance. The request for 13 spaces includes the required two handicapped parking spaces. Based on Staff’s recommendation for denial of the applicant’s request to modify Conditions 1.d., 1.f., 1.g., and 2.a., Staff recommends DENIAL of VC11-06, Part 1. VC11-06 – Part 2) To allow the rear of townhome units to exceed 25% cement siding for units 186 through 220 (Section 64-1095 (p)). After the approval of ZM09-03, a variance was requested (V10-07) that the new townhome design provides for cement siding on the rear of the units. The variance was heard by the City of Milton Board of Zoning Appeals (BZA) at its June 15, 2010 meeting. The request was to exceed the maximum 25% siding as required by Section 64-1095 of the Zoning Ordinance for units 186 through 220. The BZA approved the applicant’s request with the following conditions; 1) The rear of each unit shall be painted a dissimilar color (as allowed by the SR 9 Overlay District) and 2) Disclosure of the approved variance is required at closing for units 186-191. Based on Staff’s recommendation for denial of the applicant’s request to modify Conditions 1.d., 1.f., 1.g., and 2.a., Staff recommends DENIAL of VC11-06, Part 2. If the Mayor and City Council approves this request, the additional condition to require the rear of each unit shall be painted a dissimilar color is included in the Recommended Conditions. Page 17 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) CONCLUSION: The applicant’s request to increase the number of front loading townhomes from 28 to 63 would not be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 and subsequently approved by the Board of Commissioners. Therefore, Staff recommends DENIAL of ZM11-04. In regard to the two part concurrent variance, because Staff is recommending denial to modify Conditions 1.d., 1.f, 1.g, and 2.a., Staff recommends DENIAL of VC11-06, Parts 1 and 2. If the Mayor and City Council recommend approval of the applicant’s request, a set of Recommended Conditions are provided below. Page 18 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (RZ05-22, ZM09-03) should be revised to read as follows: 1. To the owner's agreement to restrict the use of the subject property as follows: d. Site development shall be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 except for lots identified as 136 through 163 on the revised site plan submitted on November 24, 2009 to the City of Milton Community Development Department; 186 through 220 on the revised site plan submitted on November 3, 2011 to the City of Milton Community Development Department. (ZM11-03) f. The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots identified as 136 through 163 shall be a minimum heated floor area of 1,850 square feet. All units shall have a rear entry 2-car garage except for those lots identified as 136 through 163 shall have a front entry 2-car garage per the revised site plan submitted on November 24, 2009 to the City of Milton Community Development Department; 186 through 220 shall have a front entry 2- car garage and a minimum heated floor area of 1,850 square feet per the revised site plan submitted on November 3, 2011 to the City of Milton Community Development Department. (ZM11-03) g. Units 136 through154 provide a minimum of a 20’ setback from the back of sidewalk to the garage door and Units 155 through163 provide a minimum of a 18 foot setback from the back of sidewalk to the garage door; Units 186 through 220 provide a minimum of an 18 foot setback from the back of sidewalk to garage door. (ZM11-03) 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the City of Milton Community Development Department on November 3, 2011. Said site plan is not conceptual; the developer must strictly adhere to the site plan as submitted. Any changes to the site plan must be approved by the Director of Community Development and must meet or exceed the requirements of the Zoning Ordinance and these conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (ZM11-03) Page 19 of 19 Prepared by the Community Development Department for the Mayor and City Council Meeting December 19, 2011 (First Presentation December 5, 2011) 3. To the owner’s agreement to the following site development considerations: u. To provide 13 parking spaces for the amenity area. (VC11-06, Part 1) v. To allow the rear of townhome units to exceed 25% cement siding for units 186 through 220. (VC11-06, Part 2) w. The rear of each unit shall be painted a dissimilar color (as allowed by the SR 9 Overlay District). ORDINANCE NO. PETITION NO.ZM11-04/VC11-06 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION Z05-022 ON SEPTEMBER 7, 2005 AND TO MODIFY A CONDITION OF AN ORDINANCE BY THE CITY OF MILTON MAYOR AND CITY COUNCIL ON SEPTEMBER 20, 2007 APPROVING ZMO7- 03, AND TO MODIFY CONDITIONS OF AN ORDINANCE BY THE CITY OF MILTON MAYOR AND CITY COUNCIL ON DECEMBER 7, 2009 APPROVING ZM09-03 PROPERTY LOCATED ON MORRIS ROAD, WEBB ROAD AND DEERFIELD PARKWAY IN LAND LOTS 1044, 1045, 1046 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 32.029 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on December 19, 2011 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on September 7, 2005, for petition Z05-022 that approved a zoning to MIX (Mixed Use) and to modify a condition of an ordinance, ZM07-03 by the City of Milton Mayor and City Council, approved on September 20, 2007, and to modify conditions of an ordinance, ZM09-03 by the City of Milton Mayor and City Council approved on December 7, 2009 for property located on Morris Road, Webb Road and Deerfield Parkway consisting of a total of approximately 32.029 acres, attached hereto and made a part herein; SECTION 2. ALL THAT TRACT or parcel of land located in Land Lots 1044, 1045, and 1046, 2nd District 2nd Section of the attached legal description; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 19th day of December, 2011. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL ZM11-04/VC11-06 Morris Road, Webb Road and Deerfield Parkway RECOMMENDED CONDITIONS The Mayor and City Council approved this petition; the recommended conditions (RZ05-22, ZM09-03) should be revised to read as follows: 1. To the owner's agreement to restrict the use of the subject property as follows: d. Site development shall be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 except for lots identified as 136 through 163 on the revised site plan submitted on November 24, 2009 to the City of Milton Community Development Department; 186 through 220 on the revised site plan submitted on November 3, 2011 to the City of Milton Community Development Department. (ZM11-03) f. The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots identified as 136 through 163 shall be a minimum heated floor area of 1,850 square feet. All units shall have a rear entry 2- car garage except for those lots identified as 136 through 163 shall have a front entry 2-car garage per the revised site plan submitted on November 24, 2009 to the City of Milton Community Development Department; 186 through 220 shall have a front entry 2- car garage and a minimum heated floor area of 1,850 square feet per the revised site plan submitted on November 3, 2011 to the City of Milton Community Development Department. (ZM11-03) g. Units 136 through154 provide a minimum of a 20’ setback from the back of sidewalk to the garage door and Units 155 through163 provide a minimum of a 18 foot setback from the back of sidewalk to the garage door; Units 186 through 220 provide a minimum of an 18 foot setback from the back of sidewalk to garage door. (ZM11-03) 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the City of Milton Community Development Department on November 3, 2011. Said site plan is not conceptual; the developer must strictly adhere to the site plan as submitted. Any changes to the site plan must be approved by the Director of Community Development and must meet or exceed the requirements of the Zoning Ordinance and these conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (ZM11-03) 3. To the owner’s agreement to the following site development considerations: u. To provide 13 parking spaces for the amenity area. (VC11-06, Part 1) v. To allow the rear of townhome units to exceed 25% cement siding for units 186 through 220. (VC11-06, Part 2) w. The rear of each unit shall be painted a dissimilar color (as allowed by the SR 9 Overlay District). Revised Site Plan Received November 3, 2011 CITY OF MILTON, GEORGIA PRECIOUS METALS DEALERS ORDINANCE Sec. 1. Applicability of certain sections. Sec. 2. Definitions. Sec. 3. Annual Precious Metals Dealer Permit required; duties of holder. Sec. 4. Precious Metals Dealer Permit prerequisite to issuance of occupation tax certificate. Sec. 5. Application for Precious Metals Dealer Permit. Sec. 5-5. Supplemental Information requires in Application for Precious Metals Dealer Permit Sec. 6. Suspension or revocation of Precious Metal Dealer Permit. Sec. 7. Hearings for denial, suspension or revocation of Precious Metal Dealer Permit. Sec. 8. Regulation as to employees and manager. Sec. 9. Denial, Suspension or Revocation of Work Permits. Sec. 10. Hearings for the denial, suspension or revocati on of Work Permits. Sec. 11. Records and information to be maintained; display of transaction number. identification; digital photographs; fingerprints; records storage. Sec. 12. Daily report to police; required format. Sec. 13. Property not to be disposed of for 45 days after acquisition; location of property; police holds. Sec. 14. Dealing with minors. Sec. 15. Responsibility for enforcement. Sec. 16. Penalty for violation. Sec. 17. Severability. Sec. 18. Effective date. Sec. 19. Reserved. Sec. 1 - Applicability. (a) This article shall not apply to any precious metals or goods containing precious metals obtained from industrial producers, manufacturers, licensed dealers, or distributors. (b) This article shall not apply to registered scrap metal processors. Scrap metal processors are not, however, relieved from compliance when the purchase of precious metals or goods containing precious metals are from persons or sources other than industrial producers, manufacturers, or licensed dealers or distributors. Sec. 2. - Definitions. For purposes of this article, the term: Automated reporting system means a computer based system specified by the Chief of Police designed to record and transmit data and information electronically. Employee means: (1) Any owner or Precious Metals Dealer who, in the performance of his or her duties or the management of the business affairs of a Precious Metals Dealer , comes into contact with members of the public; or (2) Any person working for an owner or Precious Metals Dealer ; or (3) Any person who is employed on a part-time or full-time basis, either with or without remuneration, by a Precious Metals Dealer. Nonpermanent location means any location designated to be used to conduct the aforementioned business, in any movable vehicle, and temporary or movable structure, including, but not limited to, vans, mobile homes, trailers, hotels and motels, lodges, or any similar nonpermanent structure designed by applicant to be used to conduct such business for a limited or specific time. Permanent location means a business domiciled within a properly constructed building which must be located within a properly zoned area according to the planning and zoning ordinance. Police Chief means the Chief of Police for the City of Milton. Precious metals means any metals, including but not limited to, in whole or in part, silver, gold, and platinum, and any gems, including but not limited to diamonds. Precious Metals Dealer means any person, partnership, sole proprietorship, corporation, association, establishment, or other entity engaged in the business of purchasing, selling, bartering, or acquiring in trade any precious metals or gems from persons or sources other than manufacturers or licensed dealers for resale in its original form or as changed by melting, reforming, remolding, or for resale as scrap, or in bulk. Precious Metals Dealer Permit means a permit issued pursuant to section 3 to the owner or owners of a business which authorizes the operation of the business as a Precious Metals Dealer. Scrap metal processor means any person, partnership, sole proprietorship, corporation, association, establishment, or other entity engaged in the business of purchasing, selling, bartering, or acquiring in trade scrap metal, including but not limited to copper. Third party administrator means any individual, business, or corporation designated by the Chief of Police to administer the reporting requirements of this ordinance. Work permit ID card means a permit authorizing an individual to work at a Precious Metals Dealer issued pursuant to section 8. Sec. 3 - Annual Precious Metals Dealer Permit required; duties of holder. (a) Before beginning the business of operating as a Precious Metals Dealer or similar business engaged in the business of purchasing, selling, bartering, or acquiring in trade any precious metals or gems from persons or sources other than manufacturers or licensed dealers for resale in its original form or as changed by melting, reforming, remolding, or for resale as scrap, or in bulk in the City of Milton, whether at a permanent location or a nonpermanent location, all persons shall first file an application with the Milton Police Department for an annual Precious Metals Dealer Permit to conduct such business. If a an application is complete and all requirements of this article are satisfied, the Police Chief shall issues such a permit. (b) No person shall be exempt from the provisions of this article by reason of association temporarily with any dealer or permit holder or by reason of conducting temporary or transient business in connection with or as a part of the business in the name of any Precious Metals Dealer or permit holder. (c) The issuance of such Precious Metals Dealer Permit will be based on a criminal history background investigation of each applicant. The cost of the permit/criminal history background investigation shall be the fee listed in the Milton Police Department's Fee Schedule for pawnshop permits, as approved by the Mayor and Council. This fee is imposed to cover investigative expenses and/or administrative costs associated with issuing an initial Precious Metals Dealer Permit for all owners. This fee is nonrefundable in the event an applicant, for any reason, is not issued a Precious Metals Dealer Permit. (d) In the event an owner has more than one Precious Metals Dealer location, then each location will be assessed the above fee. (e) Owners are required to renew the Precious Metals Dealer Permit upon expiration thereof and shall be required to pay the renewal fee listed in the Milton Police Department's Fee Schedule, as approved by the Mayor and Council. (f) It shall be the duty of all persons holding a Precious Metals Dealer Permit to file with the Chief of Police or his or her designee, the name of the establishment, the occupation tax certificate number, and a list of all employees, including their date of birth, social security Number, home address and home telephone numbers twice annually; during the month of June and again during the month of December. (g) Each person shall furnish the City of Milton a license and indemnity bond conditioned upon the said principal of said bond faithfully performing the obligations and duties set forth in this article, as such may be amended from time to time. The purpose of this bond is to indemnify an save harmless the Milton City Council, its officers and employees, on account of any judgments, claims, demands or losses by reason of the issuance of the Precious Metals Dealer Permit to a permittee and to provide a means for payment of losses caused by said permittee’s violation of this article for which said permittee principal has been held responsible for in a civil court of competent jurisdiction to an owner or former owner of precious metals and items covered under this article. The bond described herein shall be in the amount of $100,000.00. Sec. 4 - Precious Metals Dealer Permit prerequisite to issuance of occupation tax certificate. No occupation tax certificate required by any rule, regulation or ordinance of the City of Milton for a business covered by this article shall be granted to any person until a permit required by this article has been issued or approved by the Milton Police Department. Sec. 5 - Application for Precious Metals Dealer Permit. (a) The application for the Precious Metals Dealer Permit required by Section 3 of this article shall provide, in addition to the information required in Section 5.5 hereunder, the street number and address at which the business is proposed to be operated. (b) Each permit issued hereunder shall authorize the conduct of business at one (1) location only, and persons doing business at more than one location within the City of Milton shall obtain a separate permit, requiring a separate fee, for each such location. (c) Any person moving a business licensed hereunder from one (1) location to another shall notify the City of Milton Police Department, no later than within one (1) day of moving. A new permit will be issued upon payment of a reasonable fee if the new location conforms to all applicable ordinances, resolutions, and the City’s zoning and other applicable regulations. (d) All applicants for a Precious Metals Dealer Permit shall be at least twenty-one (21) years of age at the time the application is submitted. Sec. 5-5 – Supplemental Information required in Application for Precious Metals Dealer Permit (a) All persons, firms, or corporations desiring to engage in the business, trade or occupation of a Precious Metals Dealer shall, before engaging in such business, trade or profession, make application for a Precious Metals Dealer Permit in the form and manner prescribed by the Chief of Police. (b) The application shall include but shall not be limited to the following: (1) Full name, date of birth, address and Social Security Number of applicant. (2) Full name, address, phone number, date of birth, photograph, and Social Security Number of all persons having any interest in the proposed business, plus any additional information, including fingerprints, deemed necessary by the Chief of Police. (3) Full names, dates of birth and Social Security Numbers and titles of corporate officers where appropriate, if this includes individuals over and above those identified in paragraph (2) above. (4) Full names, addresses, telephone numbers, dates of birth, title and Social Security Numbers of individuals to be employed. (5) A copy of the alcohol, tobacco and firearms license where applicable. (c) All permits granted under the provisions of this chapter shall expire annually. (d) Permit holders who desire to renew their permits shall file the application and all applicable fees with the Police Chief on the form prescribed for renewal of the permit for the following year. Applications for renewal must be filed on or before the annual deadline provided for all businesses for filing renewals of occupation tax applications. (e) All permits granted hereunder shall be for the full calendar year. (f) It shall be the duty of the renewal applicant to obtain renewal permits as required by this chapter. (g) The following permit qualifications shall also apply: (1) No permit required by this chapter shall be granted to any person who is not a citizen of the United States or registered resident alien. Where the owner - applicant is a partnership or corporation, the provisions of this chapter shall apply to all its partners, officers, managers and majority stockholders. (2) Where the applicant is a corporation, a certificate will be issued jointly to the corporation, president or chief executive officer and to the majority stockholder. Where the applicant is a partnership, the certificate may be issued to a partner or general partner. (3) A permit for the practices listed herein may not be issued where the applicant has been convicted or pled guilty or entered a plea of nolo contendere, and has been released from parole or probation, to any crime involving moral turpitude, illegal gambling, or has been convicted of any felonies, or any crime involving theft or fraudulent practices within a period of ten years immediately prior to the filing of such application. At the time an application is submitted for any Precious Metals Dealer permit, the applicant shall, by duly sworn affidavit, certify that neither the applicant, nor any of the other owners of the establishment, have been convicted or have plead guilty or entered a plea of nolo contendere to any crime involving moral turpitude, illegal gambling, or have been convicted of any felonies, or any crime involving theft or fraudulent practices. Should any applicant, partner, or officer engaged in operating a Precious Metals Dealer business, after a certificate has been granted, be convicted or plead guilty or enter a plea of nolo contendere to any crime involving moral turpitude, illegal gambling, or any felony, or any crime involving theft or fraudulent practices, the permit shall be immediately revoked or canceled. Sec. 6. - Suspension or revocation of Precious Metal Dealer Permit. (a) A permit may be suspended or revoked by the Police Chief where the permit holder furnishes fraudulent or untruthful information in the application for a permit and fails to pay all fees, taxes, or other charges imposed under the provisions of this chapter. (b) The Police Chief shall revoke the permit for any premises where goods are purchased during a period of suspension. (c) The Police Chief may suspend or revoke the permit of any establishment that does not meet the qualifications set forth in this chapter any time such knowledge becomes known to him/her. (d) An act or omission of a permit holder, owner of more than twenty percent (20%) interest in the establishment, or employee of the permit holder or establishment willingly or knowingly performed, which constitutes a violation of federal or state law or of any provision of this chapter will subject the permit holder to suspension or revocation of its certificate in accordance with the provisions of this chapter, when the Police Chief determines to his or her own satisfaction that the act or omission did occur, regardless of whether any criminal prosecution or conviction ensues. Provided, however, in the case of an employee, the Police Chief or his or her designee must determine that the acts of the employee were known to or under reasonable circumstances should have been known to the permit holder, were condoned by the permit holder, or where the permit holder has not established practices or procedures to prevent the violation from occurring. (e) The Police Chief may suspend or revoke the permit of any establishment whenever it can be shown that a permit holder hereunder no longer maintains adequate financial responsibility upon which issuance of the certificate was conditioned or whenever the permit holder has defaulted in any obligation of any kind whatsoever, lawfully owing to the City of Milton. (f) Wherever this chapter permits the Police Chief to suspend any permit issued hereunder but does not mandate the period of such suspension, such discretion shall be exercised within the guidelines of this subsection. (1) No suspension shall be for a period of time longer than the time remaining on such permit. (2) The following factors shall be considered on any revocation or suspension as set out above: a. Consistency of penalties mandated by this chapter and those set by the Police Chief. b. Likelihood of deterring future wrongdoing. c. Impact of the offense on the community. d. Any mitigating circumstances or remedial or corrective steps taken by permit holder. e. Any aggravating circumstances or failure by the permit holder to take remedial or corrective steps. Sec. 7. - Hearings for the denial, suspension or revocation of Precious Metals Dealer Permit No permit shall be denied, suspended or revoked without the opportunity for a hearing as hereinafter provided. (a)(1) The Police Chief shall provide written notice to the applicant or permit holder of his or her order to deny, suspend or revoke the permit. Such written notification shall set forth in reasonable detail the reasons for such action and shall notify the applicant or permit holder of the right to appeal under the provisions of this chapter. Any applicant or permit holder who is aggrieved or adversely affected by a final action of the Police Chief may have a review thereof by appeal to the Board of Zoning Appeals. (2) Such appeal shall be by written petition, filed with the Police Chief within 15 days after the final order or action of the Police Chief and in order to defray administrative costs, must be accompanied by the filing fee that is the equivalent of those fees for applications for Board of Zoning Appeals variance, waiver, or appeal. The Police Chief, at his or her discretion, may waive or reduce the filing fee amount if it is determined the fee would create a hardship on the individual filing such appeal. The Board of Zoning Appeals may, at the request of the appellant, refund the filing fee by a majority vote. (b) A hearing shall be conducted on each appeal within 30 days of the date of filing with the Police Chief unless a continuance of such date is agreed to by the appellant and the Police Chief. The appellant at such hearing shall have the right to be represented by an attorney, at the expense of the appellant, and to present evidence and cross-examine witnesses. Should the appellant desire an official transcript of the appeal proceedings, then such request must be made at least three days prior to such hearing. The appellant shall have the burden of proof on any such appeal. Before hearing an appeal, each member of the Board of Zoning Appeals shall sign an affidavit to be part of the record that he or she is not related to or personal friends with any the appellant or any owner of the establishment in question in the appeal being considered and that he or she has no financial interest in the outcome of the appeal. Should any member be unable to sign such an affidavit, that member shall not serve on that appeal and the case shall be heard by the remaining members of the Board of Zoning Appeals. (c) The findings of the Board of Zoning Appeals shall be forwarded to the Police Chief within fifteen (15) days after the conclusion of the hearing, and it shall be the duty of the Police Chief to notify the appellant of the action of the Board of Zoning Appeals. (d) The findings of the Board of Zoning Appeals shall not be set aside unless found to be: (1) Contrary to law or ordinances; (2) Unsupported by substantial evidence on the records as a whole; or (3) Unreasonable. (e) The findings of the Board of Zoning Appeals shall be final unless appealed within thirty (30) days of the date of such finding by certiorari to the Superior Court of Fulton County. Sec. 8 - Regulation as to employees and managers. (a) No person shall be employed by a Precious Metals Dealer in any capacity until such person is found to be in compliance with the qualifications as described in this section and has paid the fee set forth in the Milton Police Department's Fee Schedule for a Precious Metals Dealer work permit ID card. This provision applies to all persons having any interest in the proposed business including each owner, employee, and manager. Upon complying with the requirements of this chapter, a work permit ID card, authorizing such person to be a Precious Metals Dealer employee will be issued. The work permit ID card will expire annually, and each employee and/or manager will be required to renew the work permit ID card on or befor e the date of expiration. All persons having any interest in the proposed business including each owner, employee, manager, and Precious Metals Dealer shall - while on the Precious Metals Dealer premises - have in their possession and available for inspection such work permit ID card. It shall be the duty of the Precious Metals Dealer to insure compliance with the provisions of this section. (b) The following qualifications shall apply to all persons having any interest in the proposed business including each owner, employee and manager: (1) No work permit ID card shall be issued until such time as a signed application has been filed with the Milton Police Department and a search of the criminal record of the person completed. Such application shall include the applicant's name, fingerprints, Social Security Number, date of birth, and prior arrest record; though an applicant's arrest record shall be used for investigative purposes only and shall not give rise to a presumption or inference of guilt. An applicant for a work permit ID card must also provide positive identification in the form of an official government issued pictured identification (e.g., driver's license, passport, military card, or state identification card). (2) The Chief of Police or his or her designee shall conduct a complete and exhaustive search relative to any police record of the applicant. (3) In the event the applicant is qualified for employment with a Precious Metals Dealer under this section and there is no record of a violation of this chapter, the Chief of Police or his or her designee shall issue a work permit ID card to the applicant, by mail, stating that the person is eligible for employment. If it is found that the person is not qualified for a work permit ID card and therefore ineligible for employment in a Precious Metals Dealer, the Chief of Police or his or her designee shall notify the person in writing that they are not eligible for employment, the cause of such denial, and their right to appeal. (4) No person who has been convicted or pled guilty or entered a plea of nolo contendere to any crime involving moral turpitude, illegal gambling, or any felonies, or any crime involving theft or fraudulent practices for the five years preceding the date of application shall be issued a work permit ID card. For purposes of this article, a conviction or plea of guilt or nolo contendere entered under the Georgia First Offender Act, O.C.G.A. § 42-8-60 et seq., shall not result in disqualification. Provided, however, that any such offense may be considered if the defendant violated any term of probation imposed by the court granting first offender status or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (5) No person shall be issued a work permit ID card if it is determined that the person falsified, concealed, or misrepresented any material fact by any device, trick, or scheme while making application to the Milton Police Department for said work permit ID card under this section. (6) All work permit ID cards issued through administrative error can be terminated and seized by the Chief of Police or his or her designee or the Police Chief or his or her designee upon discovery of the error. (7) Replacement work permit ID cards will be issued within 30 days of original date, upon paying one-half of the fees charged for work permit ID cards in subsection 6(a). (8) All work permit ID cards issued hereunder remain the property of the Milton Police Department, and shall be produced for inspection upon the demand of any officer or designee of the Milton Police Department. (9) No Precious Metals Dealer owner shall allow any employee or manager to work on the permitted premises (including any temporary location for which a permit has been issued) unless the employee or manager has in their possession a current valid work permit ID card. Precious Metals Dealer owners are required by this section to inspect and verify that each employee or manager has in their possession a valid current work permit ID card. For new employees, a receipt issued by the Milton Police Department unit may be used for a maximum of 30 days from the date of issue. Issuance of this fee receipt shall allow the applicant to work in the position applied for on a provisional basis until such time as the required criminal history background investigation is completed. The temporary privilege conferred by issuance of this fee receipt shall expire immediately upon completion of such background investigation. If the background investigation indicates that the applicant does not meet the requirements for issuance of a work permit ID card, the applicant may appeal the denial of the work permit ID card as provided in this article. However, issuance of this fee receipt and the provisional privilege granted thereby shall not be construed as conferring any right or privilege to the applicant to continue working in the position for which the work permit ID card sought during the pendency of the appeal from the denial of a work permit ID card under this chapter. (10) If it is determined that any person issued a work permit ID card has falsified, concealed, or misrepresented any material fact by any device, trick, or scheme in the application for the work permit ID card such work permit ID card shall be revoked or canceled. (11) Milton employees who are directly involved in the processing and issuance of work permit ID card or in the regulation of Precious Metals Dealer shall not be eligible for a work permit ID card. Sec. 9. - Denial, suspension or revocation of permits. Any permit required by this article may be denied, suspended or revoked by the Chief of Police or his or her designee where the Precious Metals Dealer or employee furnishes fraudulent or untruthful information in the application for a permit or fails to meet all qualifications set forth under the provisions of this article. Sec. 10. - Hearings for denial, suspension or revocation of permits. No permit required by this article shall be denied, suspended or revoked without the opportunity for a hearing as hereinafter provided. (a)(1) The Chief of Police or his or her designee shall provide written notice to the applicant of his or her order to deny, suspend or revoke the permit. Such written notification shall set forth in reasonable detail the reasons for such action and shall notify the applicant of the right to appeal under the provisions of this chapter. Any applicant who is aggrieved or adversely affected by a final action of the Chief of Police may have a review thereof by appeal to the Board of Zoning Appeals. (2) Such appeal shall be by written petition, filed in the office of the Police Chief within 15 days after the final order or action of the Chief of Police and in order to defray administrative costs, must be accompanied by the filing fee listed in the department of planning and development's fee schedule under applications for Board of Zoning Appeals variance, waiver, appeal. The Police Chief, at his or her discretion, may waive or reduce the filing fee amount if it is determined the fee would create a hardship on the individual filing such appeal. The Board of Zoning Appeals may, at the request of the appellant, refund the filing fee by a majority vote. (b) A hearing shall be conducted on each appeal within 30 days of the date of filing with the Police Chief unless a continuance of such date is agreed to by the appellant and the Police Chief. The appellant at such hearing shall have the right to be represented by an attorney, at the expense of the appellant, and to present evidence and cross-examine witnesses. Should the appellant desire an official transcript of the appeal proceedings, then such request must be made at least three days prior to such hearing. The appellant shall have the burden of proof on any such appeal. Before hearing an appeal, each member of the Board of Zoning Appeals shall sign an affidavit to be part of the record that he or she is not related to or personal friends with any owner of the establishment in question in the appeal being considered and that he or she has no financial interest in the outcome of the appeal. Should any member be unable to sign such an affidavit, that member shall not serve on that appeal and the case shall be heard by the remaining members of the Board of Zoning Appeals. (c) The findings of the Board of Zoning Appeals shall be forwarded to the Police Chief within fifteen (15) days of conclusion of the hearing, and it shall be the duty of the Police Chief to notify the appellant of the action of the Board of Zoning Appeals. (d) The findings of the Board of Zoning Appeals shall not be set aside unless found to be: (1) Contrary to law or ordinances; or (2) Unsupported by substantial evidence on the records as a whole; or (3) Unreasonable. (e) The findings of the Board of Zoning Appeals shall be final unless appealed within thirty (30) days of the date of such finding by certiorari to the Superior Court of Fulton County. Sec. 11. - Records and information to be maintained; display of transaction number; identification; digital photographs; fingerprints; records storage. (a) Engaging in the business of buying used or previously owned precious metal s within the incorporated areas of Milton is hereby declared to affect the public interest due to the opportunity it affords for the disposal of stolen property. (b) In the public interest and as set forth herein, all Precious Metals Dealer s shall maintain records documenting all precious metals transactions as set forth herein. (1) All Precious Metals Dealers shall maintain records documenting accurate descriptions of all property sold to the Precious Metals Dealer. Such description shall include, to the extent possible, the manufacturer, model, serial number, style, material, kind, color, design, number of stones if jewelry, and all other identifying names, marks, and numbers. The Precious Metals Dealers shall assign a transaction number documenting each transaction, and ensure each item received is tagged with the transaction number. (2) A well focused, properly exposed, color digital photograph of all property sold to the Precious Metals Dealer shall be made at the time of acquisition of any article and of the article’s serial number, which number shall be clearly visible and readable in the images if imprinted on the article. If the article was never imprinted with any type of serial number, then the image shall show the entire article. All such digital images shall be labeled and stored in such a manner that they are safe from corruption, readily identifiable, and readily available for review. (3) The tag bearing the transaction number must remain attached to the item until the property is disposed of by sale, trade, or other lawful means. This subsection does not apply to the purchase of property from licensed wholesale or distributor businesses for the purpose of retail sales; however the precious metals brokers shall be required to maintain all purchasing records for property exempted from this subsection. (4) All Precious Metals Dealer s shall require all persons selling, bartering, or trading property to show proper identification prior to conducting a Precious Metals Dealer transaction. Proper identification is defined as a government issued photo identification card such as a driver's license, military identification card, state identification card, or passport. (5) All Precious Metals Dealers shall also document the name, address, telephone number, race, sex, height, weight, drivers’ license number, date of birth, and Social Security Number of the person selling, bartering, or trading the property, along with the date and time of transaction. This documentation shall be made at the time of the transaction. (6) All Precious Metals Dealers shall take a well focused, properly exposed, color digital photograph of the person selling, bartering, or trading the property. The photograph shall clearly show a frontal view of the subject's face along with the broker's ticket transaction number. Digital images shall be labeled and stored in such a manner that they are safe from corruption, readily identifiable, and readily available for review. (7) All Precious Metals Dealer s shall obtain from each person selling, bartering, or trading any property, the fingerprint (using an electronic digital fingerprint scanner) of the right hand index finger, unless such finger is missing, in which event the print of the next finger in existence on the right hand shall be obtained with a notation as to the exact finger printed. The fingerprint shall be imprinted onto the transaction form in the designated area along with the signature of the person selling, bartering, or trading the property. The fingerprint must be clear and legible. In the event that more than one transaction form is required, a fingerprint and signature shall be obtained for each form. Fingerprints and the information required herein shall be obtained each time such person sells, barters, or trades any property. (8) Items of property that appear to be new, unused, and in their original packaging cannot be accepted by the Precious Metals Dealer unless the customer can supply a copy of the original sales receipt, or other proof of purchase from the place of purchase, to the Precious Metals Dealer who shall retain the receipt or proof of purchase on file. (9) All Precious Metals Dealers shall store the above records, digital images, and digital fingerprints for a period of four (4) years and make them available to law enforcement personnel upon request. (10) All Precious Metals Dealers shall enter each transaction as it occurs into the electronic automated reporting system via the internet to the administrator of the electronic automated reporting system. The administrator of the electronic automated reporting system will electronically transmit all transactions to the Milton Police Department. Sec. 12. - Daily report to police; required format. (a) All Precious Metals Dealers shall make a daily report, in such form as may be prescribed by the Chief of Police, of all Precious Metals Dealer transactions that occurred during 24 hours ending at 9:00 p.m. on the date of the report. (b) Daily reports shall list all property bought, sold, bartered or acquired by trade, the transaction number for each transaction, and a description of the property including, to the extent possible, the manufacturer, model, serial number, style, material, kind, color, design, number of stones if jewelry, and any other identifying names, marks, and numbers. The daily report shall also list the name, address, race, sex, height, weight, driver's license number, date of birth, and Social Security Number of the person selling, bartering, or trading the property, alon g with the date and time of the transaction. (c) All Precious Metals Dealers shall enter each transaction as it occurs into the electronic automated reporting system via the internet to the administrator of the electronic automated reporting system. The administrator of the electronic automated reporting system will electronically transmit all transactions to the police department. (d) In the event that the electronic automated reporting system becomes temporarily or permanently disabled, Precious Metals Dealer s will be notified as soon as possible by the Milton Police Department. In this event, the Precious Metals Dealer will be required to make records of transactions in paper form as prescribed by the Milton Police Department. Precious Metals Dealers shall be responsible for maintaining an adequate inventory of these forms. (e) The Chief of Police or his or her designee shall select and designate the required automated reporting system and required equipment needed. Sec. 13. – Property not to be disposed of for 45 days after acquisition; location of property; police holds. (a) All property received through any Precious Metals Dealer transaction shall be held for at least 45 days before disposing of same by sale, transfer, shipment, or otherwise. (b) All property purchased shall be held and maintained by the Precious Metals Dealer on the premises of the Precious Metals Dealer or, if impracticable, at such other location as may have been previously approved in writing by the Chief of Police or his or her designee. The Chief of Police shall not approve any off-premises storage facilities located outside the city limits of Milton. (c) The Milton Police Department has the authority to place property that is the subject of police investigation on "police hold." In that event, the Milton Police Department shall notify the Precious Metals Dealer of the need for a police hold and identify all property subject to the police hold. Upon notification, it shall be the responsibility of the Precious Metals Dealer to maintain the subject property until such time as the property is released from police hold status or the property is confiscated as evidence. Sec. 14. - Dealing with minors. It shall be unlawful for any Precious Metals Dealer, his or her agents or employees, to receive through any Precious Metals Dealer any property from minors. A minor, for the purpose of this article, is an individual 17 years of age or under. Sec. 15. - Responsibility for enforcement. The Milton Police Department shall have the responsibility for the enforcement of this article. Sworn officers of the Milton Police Department and civilian employees designated by the Chief of Police shall have the authority to inspect establishments licensed under this chapter during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this article and state law. This section is not intended to limit the authority of any other Milton officer to conduct inspections authorized by other provisions of the Code of Milton, Georgia. Sec. 16. - Penalty for violation. Any person, firm, company, corporation or other entity who violates any provision of this article may be subject to arrest or summoned to appear in the Municipal Court of the City of Milton and upon conviction or other finding of guilt, be punished by a fine of up to $1,000.00 or six months imprisonment, or both. Sec. 17. - Severability. If any portion of this article is declared by a court of competent jurisdiction to be invalid or unenforceable, such declaration shall not be deemed to affect the remaining portions of this article. Sec. 18. - Effective date. The provisions of this article shall be effective 60 days following the approval by the Mayor and City Council. Sec. 19. - Reserved. ARTICLE . - PAWNBROKERS AND PAWNSHOPS Sec. 1. - Purpose. Sec. 2. - Definitions. Sec. 3. - Employee permit required. Sec. 4. - Pawnshop employees. Sec. 5. - Operation of an unregulated premises unlawful. Sec. 6. - Renewal of permits. Sec. 7. - Permit nontransferable. Sec. 8. - Unlawful operation declared nuisance. Sec. 9. - Receipt of goods from minors unlawful. Sec. 10. - Receipt of new in box items unlawful. Sec. 11. - Application for License; review by city council. Sec. 12. - Denial of an application. Sec. 13. - Considerations in hearing of application. Sec. 14. - Change of location, name, or other information. Sec. 15. - Revocation and appeal of License. Sec. 16. - License number. Sec. 17. - Records and information to be maintained; display of Pawnshop transaction number; identification; digital photographs; fingerprints; records storage. Sec. 18. - Daily report to police; required format. Sec. 19. - Reserved. Sec. 20. - Conflict of interest of city employees. Sec. 21. - Additional merchandise. Sec. 22. - Disposition of articles or goods. Sec. 23. - Restrictions regarding sale or pledge of building glass or plumbing material. Sec. 24. - Redemption; lost or damaged goods. Sec. 25. - Penalties for violation. Sec. 26. - Business existing on date of adoption of this article. Sec. 27. - Reserved. Sec. 1. - Purpose. The purpose of this article is to regulate the conduct and activities of Pawnshops, as defined herein, in order to reduce and curtail the criminal activities frequently engendered by such businesses, to aid the police department in detection and prevention, and to ensure fair dealing between the Pawnbroker(s) and his or her customers. This article is enacted pursuant to O. C. G. A. § 44-12-130 et seq. and is intended to augment and strengthen the terms and provisions of same. Sec. 2. - Definitions. The following terms used in this article shall have the meanings indicated below: Accepted identification: An official document, most commonly in the form of a plastic coated/sealed card, issued for purposes of identification or driver's license. These documents must be issued by one of the 50 states or a branch of the U. S. military, i. e. Army, Navy, Air Force, Marines, Coast Guard, or current State of Georgia and counties of Georgia probation and parole cards. The identification must at a minimum bear a true photograph of the person presenting it, date of birth, description of the person, and an address for the person. City: The City of Milton, Georgia. Deceptive business practice: (1) Any use or possession of a false weight or measurement, or any other device for falsely determining or recording any quality or quantity in connection with any scale or service; (2) Any sale of, offer to sell or delivery of less than the represented quality or quantity; (3) Any attempt to take more than the represented quantity of any commodity, when as buyer or broker, he furnishes the weight or measure; (4) Any service which is of an unreasonably lesser quality than the service offered or represented; (5) Any other practice designated as unlawful by O. C. G. A. section 10-1- 390 et seq. ; (6) Any other fraudulent business transaction which is made punishable by the laws of the State of Georgia. Good moral character: A person who has not been convicted of any felony or any crime involving theft, fraud or a crime against property in the past ten years. Interest in a Pawnshop: Exists if the person involved or any member of his or her family is the outright owner of the Pawnshop; a co-owner of the Pawnshop; a partner in a partnership which owns all or part of the Pawnshop; a stockholder in any corporation organized for pecuniary gain which owns all or any part of the Pawnshop. License: Permission to operate a Pawnshop pursuant to grant by the city council. May also be referred to as a Pawnshop License. Minor: Any person who has not attained the age of 18 years. New in box: Any unused item in the original unopened, factory sealed boxes. Pawn or pledge: A bailment, or personal property or title (including but not limited to a motor vehicle title) as security for any debt or engagement, redeemable upon certain terms and with the express or implied power of sale on default. Pawnbroker: Any person engaged in whole or in part in the business of lending money on the security of pledged goods, personal property or titles, or in the business of purchasing tangible personal property or title on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property or title from persons or sources other than the manufacturers or regulated dealers as a part of or in conjunction with the business activities described herein. Pawnshop: Any business wherein a well-defined part thereof is to take or receive, by way of pledge, pawn or exchange, any goods, wares, merchandise, motor vehicles, or any kind of personal property or title whatsoever, as security for the repayment of money lent thereon. Permit: Permission to be employed or work in a Pawnshop regulated by the police department. Person: The term shall extend and be applied to associations, firms, partnerships and bodies politic and corporate, or any combination thereof, as well as to individuals. Police department: The City of Milton chief of police or his or her designee. Sec. 3. - Employee Permit required. All persons employed or working in a Pawnshop as defined herein shall file an application with the City for an employee Permit to be employed or work in a Pawnshop. Such a Permit shall be obtained from the Police department. The Permit fee for each and every employee shall be $50. 00. The Permit must be renewed annually. Sec. 4. - Pawnshop employees. (a) Qualifications. Employees of a Pawnshop, as defined herein, shall not be less than 18 years of age. Every employee must be of good moral character as defined by this article. Any employee who has been convicted of any felony or crime involving theft, fraud or against property shall not be permitted to work on the premises of a Pawnshop for a period of ten years from the date of such conviction, unless a longer prohibition on such work is ordered by a court of competent jurisdiction. The term "on the premises" shall include all work done or services performed in the scope of employment elsewhere than on the regulated premises. (b) Disclosure. Every employee must disclose any ownership or Interest in any other Pawnshop, whether it is sited locally or out-of-state and must disclose the nature of such ownership or Interest. An Interest in a Pawnshop shall have the meaning set forth in the Definition section of this Article. (c) Approval for employment. Before any person may work on the regulated premises, he shall file a notice with the Police department of his intended employment on forms setting out the information required in subsections (a) and (b) of this section; and each applicant must be fingerprinted by the Police department. The City shall have 45 days to investigate the information submitted by the employee. If the employee is found to be of Good moral character, the Police department shall grant an approval of employment and issue an annual personal identification card authorizing the person to be employed by a Pawnshop. Upon approval the employee may begin working on the regulated premises. It shall be the duty of the Pawnbroker to insure that the provisions of this section receive compliance. The employee is required to notify the Police department of any change in information or circumstances which has occurred since the original approval was granted. If approval is denied, the applicant may, within ten days, apply in writing to the Police department for reconsideration setting forth in detail the reasons why reconsideration is warranted. The decision of the Police department upon reconsideration may be appealed to the City Council which shall issue such order as is required after notice and hearing. An investigation fee of $50.00 shall accompany the notice of intended employment, or a receipt of the permitting officer evidencing the payment of such fee at the time the notice is filed. (d) Suspension, revocation of the License. Conviction for violating the provisions of this article or any other ordinance of the City, rules or regulations of the City or conviction for any felony or any crime involving theft, controlled substances, fraud or a crime against property shall subject the employee to immediate suspension or revocation of the employee Permit, and in the case of the Pawnshop establishment or the Pawnbroker shall subject the license holder to suspension of any License authorized by this article. (e) Independent contractors. For the purpose of this article, the description or identification of an employee or worker in a Pawnbroker establishment as an independent contractor shall not exempt that worker or employee from obtaining all an Employee permit. Sec. 5. - Operation of an unregulated premises unlawful. It is unlawful for any person to engage in, conduct or carry on within the City any Pawnshop, as defined herein, without a Pawnshop License. A proper application for renewal within the time required must be submitted and such License shall not be under suspension or permanently or conditionally revoked. Sec. 6. - Renewal of Licenses. Licenses may be renewed on a calendar year basis provided that the applicants continue to meet the requirements set forth in this article. The applicant must file a verified annual report showing the applicant's gross receipts and the amounts paid to the employees for the preceding calendar year and such shall be submitted with the renewal applications . The renewal fee for Licenses shall be $25. 00. Renewal applications shall be submitted by January 1 of the year for which such License is requested. Sec. 7. – Permit or License nontransferable. No License or employee Permit may be sold, transferred or assigned to any other person, persons or entities. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such License or Permit and such Permit or License shall thereafter be null and void; provided and excepting, however, that if the License holder is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without affecting a surrender or terminati on of such License, and in such case, the License, upon notification to the City, shall be placed in the name of the surviving partner. Sec. 8. - Unlawful operation declared nuisance. Any Pawnshop operated, conducted or maintained contrary to the provisions of this article shall be declared to be unlawful and a public nuisance. The City may, in addition to, or in lieu of prosecuting a criminal violation hereunder, commence an action or actions, proceeding or proceedings for abatement, removal or enjoinment thereof, in the manner provided by law. It shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such Pawnshop and restrain and enjoin any person from operating, conducting or maintaining a Pawnshop contrary to the provisions of this chapter. In addition, violation of the provisions of this article shall be per se grounds for suspension or revocation of any related permit or License granted hereunder. Sec. 9. - Receipt of goods from minors unlawful. It is unlawful for any Pawnbroker, his agents or employees, or any Pawnshop to receive in pawn, pledge or sale, goods of any character or description from a minor. Sec. 10. - Receipt of new in box items unlawful. It is unlawful for any Pawnbroker, his agents or employees, or any Pawnshop to receive in pawn, pledge or sale, goods of any character or description any item which is a new in box item and unless a receipt or other proof of purchase is provided. Sec. 11. - Application for License; review by City Council. (a) Any person, association, partnership, corporation, trust or joint venture desiring to obtain a License to operate, engage in, conduct or carry on a Pawnshop as required by this article shall make application to the finance director through his or her designated representative. (b) Each application for a Pawnshop License shall contain the following information: (1) The owner(s)'s full true and legal name(s) and any other aliases or name changes used in the last five years. (2) The present address and telephone number of the owner(s). (3) Acceptable written proof that the owner(s) is at least 18 years of age. (4) Business, occupation or employment history of the owner(s) for the five years immediately preceding the date of the application. (5) The Pawnshop license history of the owner(s) and whether, in previous operations in this or any other city, state or territory, the owner(s) has had such license revoked or suspended. If such license has been revoked or suspended, the owner(s) must state the reason, and the business activity or occupation subsequent to such action of suspension or revocation. (6) If the owner(s) is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with place and date of incorporation, and the names and addresses of each of its current officers and directors. If the owner(s) is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners. If the owner(s) is a limited partnership, it shall furnish a copy of its certificate filed with the county clerk or secretary of state. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The owner corporation(s) or partnership(s) shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual owner under this article, but only one application fee shall be charged. (7) If any of the owners have been convicted of any crime involving moral character in the past ten years, the owner must provide a complete description of any such crime including date of violation, date of conviction, jurisdiction and any disposition, including any fine or sentence imposed and whether the terms of the disposition have been fully completed. (8) If the owner is a person doing business under a trade name, a copy of the trade name, properly recorded, must be provided. If owner is a corporation, a copy of authority to do business in Georgia, including articles of incorporation, trade name, affidavit, if any, and the last annual report, if any, must be provided. (9) At least three character references from individuals who are not related to the owners and who are not or will not benefit financially in any way from the application if the License is granted and who have not been convicted of any crime involving moral character. The finance department shall prepare forms, consistent with the provisions of this article, for the owner who shall submit all character references on such forms. (10) Address of the premises to be regulated. (11) A plat of survey prepared and sealed by a surveyor registered in the state of Georgia certifying that the location is no closer than 5,000 feet to the following: (a) another Pawnshop, (b) structure in residential use, (c) public or private school, (d) public or private park or recreation facility, (e) public library branch, (f) church or similar place of religious worship, (g) public or private hospital or mental health care facility, (h) or child care or day care facility. The distance requirements described herein shall be measured in a straight line from the closest point of the property line of the site proposed to be occupied by the Pawnshop to the closest property line of any use or structure identified herein. (12) Whether the premises are owned or rented. (13) Nature and character of the business to be conducted. (14) Each application for a Pawnshop License shall be verified and acknowledged under oath to be true and correct by all owners. (15) The owners must disclose any ownership Interest in any other Pawnshop, whether it is located locally or out-of-state and must disclose the nature of such Interest. (16) The owner(s) must certify that there are no fees, taxes, fines, utilities or other charges due to the City. (17) Any other information that may be required by the finance director or Police department such as source of financing for the business operation. (c) The owners' representative shall personally appear at the City and shall present the application containing the above-referenced information. (d) The City shall have 45 days to investigate the application and background of the applicant. (e) Upon completion of the review of the application by the finance department and the Police department, the matter shall be placed on an agenda for consideration by the Mayor and Council who may grant or deny the application consistent with this article. A denial of the application may be appealed to superior court. Sec. 12. - Denial of an application. The finance director may recommend rejection, and the City Council may deny an application which shows any of the following exist: (1) The required fees or taxes have not been paid. (2) The Pawnshop will be located within 5,000 feet of another Pawnshop, structure in residential use, public or private school, public or private park or recreation facility, public library branch, church or similar place of religious worship, public or private hospital o r mental health care facility, or child care or day care facility. (3) The application does not conform to all the provisions required by the article. (4) The owner has failed to fully cooperate with the investigation required by this article. (5) Any owner has had any Pawnshop or Pawnbroker License issued under the police powers of any county, municipality, or other governmental subdivision suspended or revoked within the last ten years for the reason related to good moral character as defined herein. (6) The owner, as a previous holder of a Pawnshop or Pawnbroker License has violated any law, regulation or ordinance relating to the business, within a ten-year period immediately preceding the date of the application. (7) Any owner has been convicted in a court of competent jurisdiction within the last ten years of an offense involving any felony or any crime involving theft, fraud or against property or convicted in any state of any offense which if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses. (8) Any owner has engaged in any deceptive business practice as defined herein. (9) Any owner is less than 18 years of age. (10) Any owner is not to be Good moral character as defined herein. (11) Any owner has failed to obtain any paper or document necessary in pursuance of this business or this application as may be required by any officer, agency or department of the city, county, state or United States under authority of any law, ordinance or resolution of the city, state or United States. Sec. 13. - Considerations in hearing of application. In considering whether or not a License applied for shall be granted, the following shall be considered by Mayor and Council in the public interest and welfare: (1) If any owner is a previous holder of a License, the manner in which he or she conducted the business thereunder as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to the business. (2) The location for which the License is sought as to traffic congestion, general character of the neighborhood and the effect such an establishment would have on the adjacent and surrounding property values. (3) The number of Licenses already granted for similar businesses in the City and the place for which the License is sought. Sec. 14. - Change of location, name, or other information. (a) No Pawnbroker shall move from the location specified on its License until a change of location fee, established by City Council, has been deposited with the City and approval has been obtained from the finance department for the City. Such approval shall not be given unless all requirements and regulations, as contained in the City's code, have been met. (b) No owner shall operate, conduct, manage, engage in, or carry on a Pawnbroker business under any name other than his name and the name of the business as specified on the License. (c) The owner shall notify the Police department of any change in the information, material or data set out in the original application. Sec. 15. - Revocation and appeal of License. (a) The City Council shall be authorized to suspend, revoke or place on probation with or without conditions, any License previously granted herein, upon hearing, with at least five days' written notice mailed to the owner at the Licensed establishment or upon one or more the following: as (1) An owner gave false or misleading information in the original application process; (2) An owner commits a deceptive business practice as defined herein; (3) An owner has knowingly allowed the continuous violation of an ordinance of the city or other law of the State of Georgia to occur on the premises; (4) An owner has violated any provision of the Pawnbroker ordinance; (5) An owner has been convicted of any felony or any crime involving theft, fraud or against property, by the State of Georgia or the city regarding an offense which was committed on the premises or which would otherwise violate the provisions of this article; (6) An owner fails to pay any fee, occupation tax, fine or other amount of money due to the city under this article or any other ordinance of the city; (7) An owner has failed to obtain, or has suffered the expiration, suspension or revocation of any paper or document necessary in pursuance of its business as may be required by any officer, agency, authority, or department of the city, state, or United States under authority of any law, ordinance or resolutions of the city, state or the United States; (8) An owner made any misrepresentation of fact, whether through advertisement or through any form of direct communication oral or written, which is intended to mislead the public or to mislead any party with whom the owner deals in pursuance of the regulated business. The term misrepresentation of fact as used herein shall embrace not only express misrepresentations but also misrepresentations arising by virtue of the owner's conduct, including acts and omissions; (9) An owner has failed to make an entry of any material matter in his permanent record book; or falsified, obliterated, destroyed or removed from his place of business such permanent record book; (10) An owner has failed to submit the daily report to the police department within the prescribed time; or has submitted an illegible, incomplete or improper daily report to the police department; (11) An owner has refused to allow any duly authorized law enforcement officer to inspect his permanent record book, his daily report or any goods in his possession during the ordinary hours of business or at any reasonable time; (12) An owner has failed to maintain a record of each pawn transaction, and fingerprints and photographs for at least four years; (13) An owner has accepted a pledge or purchase of property from a person under the age of 18 years or who the owner knows is not the true owner of such property; (14) An owner has made an agreement requiring the personal liability of the pledgor or seller or waiving any of the provisions of this part or providing for a maturity date less than one month after the date of the pawn transaction; or (15) An owner has failed to return or replace the pledged goods to the pledgor or seller upon payment of the full amount due the owner unless the pledged goods have been taken into custody by a court or law enforcement officer or agency. (c) The decision of mayor and city council shall be final. Sec. 16. - License number. Each owner hereunder shall have printed on the front window of the regulated premises the inscription, "City of Milton Pawnshop License Number ____________" in uniform letters not less than three inches in height. Sec. 17. - Records and information to be maintained; display of Pawnshop transaction number; identification; digital photographs; fingerprints; records storage. (a) All Pawnbrokers shall maintain records documenting accurate descriptions of all property pledged, traded, pawned, exchanged, or sold to the Pawnbroker. Such description shall include, to the extent possible, the manufacturer, model, serial number, style, material, kind, color, design, number of stones if jewelry, and all other identifying names, marks, and numbers. The Pawnbroker shall assign a Pawnshop transaction number documenting each transaction, and ensure each item received is tagged with the Pawnshop transaction number. (b) The tag bearing the Pawnshop transaction number must remain attached to the item until the property is disposed of by sale, trade, or other lawful means . This paragraph does not apply to the purchase of property from licensed wholesale or distributor businesses for the purpose of retail sales; however the Pawnbroker shall be required to maintain all purchasing records for property exempted from this paragraph. (c) The Pawnbroker shall require all persons pledging, trading, pawning, exchanging, or selling property to show proper identification prior to conducting a Pawnshop transaction. Proper identification is defined as a government-issued photo identification card such as a driver's license, military identification card, state identification card, or passport. (d) The Pawnbroker shall also document the name, address, telephone number, race, sex, height, weight, driver's license number, date of birth, and social security number of the person pledging, trading, pawning, exchanging, or selling the property, along with the date and time of transaction. This documentation shall be made at the time of the transaction. (e) At the time of acquisition of the property by the Pawnbroker, the Pawnbroker shall make and store a well focused, properly exposed, digital photograph of the person pledging, trading, pawning, exchanging, or selling the property. The photograph shall clearly show a frontal view of the subject's face along with the Pawnbroker's ticket transaction number. Digital images shall be labeled and stored in such a manner that they are safe from corruption, readily identifiable, and readily available for review. Such images shall be stored for a minimum period of 4 years from the date of creation. (f) The Pawnbroker shall obtain from each person pledging, trading, pawning, exchanging, or selling any property, the fingerprint (using an electronic digital fingerprint scanner) of the right hand index finger, unless such finger is missing, in which event the print of the next finger in existence on the right hand shall be obtained with a notation as to the exact finger printed. The fingerprint shall be imprinted onto the pawn transaction form in the designated area along with the signature of the person pawning, trading, pledging, exchanging, or selling the property. The fingerprint must be clear and legible. In the event that more than one pawn transaction form is required, a fingerprint and signature shall be obtained for each form. Fingerprints and the information required herein shall be obtained each time such person pledges, trades, pawns, exchanges, or sells any property. (g) Items of property that appear to be new, unused, and in their original packaging cannot be accepted by the Pawnbroker unless the customer can supply a copy of the original sales receipt, or other proof of purchase from the place of purchase, to the Pawnbroker who shall retain the receipt or proof of purchase on file. (h) The Pawnbroker shall store the above records, digital images, and digital fingerprints for a period of four years and make them available to law enforcement personnel upon request. (i) Every Pawnshop shall enter each transaction as it occurs into the electronic automated reporting system via the internet to the administrator of the electronic automated reporting system. The administrator of the electronic automated reporting system will electronically transmit all transactions to the City Police department. Sec. 18. - Daily report to police; required format. (a) Every Pawnbroker shall make a daily report in such form as may be prescribed by the chief of police, of all Pawnshop transactions that occurred during 24 hours ending at 9:00 p. m. on the date of the report. (b) Daily reports shall list all property pledged, traded, pawned, exchanged, or sold, the pawn transaction number for each transaction, and a description of the property including, to the extent possible, the manufacturer, model, serial number, style, material, kind, color, design, number of stones if jewelry, and any other identifying names, marks, and numbers. The daily report shall also list the name, address, race, sex, height, weight, driver's license number, date of birth, and social security number of the person pledging, trading, pawning, exchanging, or selling the property, along with the date and time of the transaction. (c) Every Pawnshop shall enter each transaction as it occurs into the electronic automated reporting system via the internet to the administrator of the electronic automated reporting system. The administrator of the electronic automated reporting system will electronically transmit all transactions to the city police department. (d) In the event that the electronic automated reporting system becomes temporarily or permanently disabled, Pawnshops and Pawnbrokers will be notified as soon as possible. Pawnshops that incur electronic system failures or other events that would cause partial or complete loss of electronic reporting should notify the police department forthwith with the reason of the failure. In this event, the Pawnbrokers will be required to make records of transactions on paper forms. A digital camera will be used to collect the required pictures and transferred to a CD for submittal. The paper forms must include information as enumerated in section 17. Pawnbrokers shall maintain a minimum three-day supply of these paper forms. On a daily basis, all transactions not reported in electronic automated reporting system, will be delivered to the police department by the Pawnshop within two hours of the end of the business day for every day until the event has been corrected. (e) The Chief of Police or his or her designee shall designate the required automated reporting system and required equipment needed. There will be a regulatory fee assessed to each Pawnshop for each reported transaction: said fee shall be an amount set by the chief of police equal to that charged by the administrator. This fee will be invoiced to the Pawnbroker and collected by the chief of police or his or her designee, which may be a third party administrator of the automated reporting system. Sec. 19. - Reserved. Sec. 20. - Conflict of interest of city employees. (a) No employee of the city who has any interest in a Pawnshop, as defined herein, shall be assigned to work in an area or division of the city which regulates the business of Pawnshops. (b) No employee of the city with regulating authority may own, work in or be employed (paid or unpaid) by a Pawnshop inside the city limits of the city. Regulating authority, for purposes of this article, is defined as any person involved in or assigned to the inspection of the premises, approval of the License or Pawnbroker permits; and granting or denying of such applications or permits, or enforcement of this article and its provisions such as law enforcement or police officers. (c) No employee of the city with regulating authority as defined herein, may regulate a Pawnshop where such is owned or operated by any person related to the employee of the city within a third degree of kinship. The term third degree of kinship shall include, for purposes of this article, children, grandchildren, mother, father, brothers and sisters, aunts and uncles, first cousins and in-laws. (d) The definition of employees does not include elected officials of the city. (e) All persons already engaging in the operation of or employment by a Pawnshop prior to the effective date of this article shall be exempt from the provisions of this section, and shall be allowed to continue such operation or employment, provided they meet all the other conditions imposed by this article. Sec. 21. - Additional merchandise. A Pawnbroker selling goods other than those pledged may add new merchandise to his stock of the same type as that on which loans are made, up to a value of $1,000 .00 per month, without having to pay an additional occupation tax as would otherwise be imposed according to the terms of the business taxes of the city. The Pawnbroker must maintain all records, invoices, and bills of sale on such merchandise which shall be subject to inspection and review by any duly authorized law enforcement. No article(s) shall be maintained on the premises for sale on a consignment basis for any citizen, employee or Pawnbroker. Sec. 22. - Disposition of articles or goods. Any Pawnbroker who takes goods on pawn or buys goods, taking full title thereto, the words goods being here used in the broadest sense and including all kinds of personal property, shall hold those goods so taken in pawn or purchased for at least 45 days or longer if directed by the Police department before disposing of same by sale, transfer, shipment or otherwise. All property and/or titles taken in pawn or purchased must be kept on the premises where such items were pawned or purchased. These articles/titles will be maintained in an area not accessed by customers. Failure to comply with this section shall constitute a violation of this code section, as defined herein. Sec. 23. - Restrictions regarding sale or pledge of building glass or plumbing material. (a) Generally. It is unlawful for Pawnbrokers to purchase, advance money on, or take in pawn, glass taken from buildings, such as mantel mirrors, art glass and the like, o r copper wire, copper linings of bathtubs, lead pipes or any kind of plumbing materials sold as junk, where same is offered for sale or pawned by other than persons of known good character. Sec. 24. - Redemption; lost or damaged goods. Any person properly identifying himself/herself and presenting a pawn ticket to the Pawnbroker shall be presumed to be the pledgor or seller and shall be entitled to redeem the pledged goods described in such ticket. In the event such pledged goods are lost or damaged while in the possession of the Pawnbroker, it shall be the responsibility of the Pawnbroker to replace the lost or damaged goods with like kinds of merchandise and proof of replacement shall be a defense to prosecution. For the purposes of this subsection, lost includes destroyed or having disappeared because of any cause, whether known or unknown, that results in the pledged goods being unavailable for return to pledgor. Sec. 25. – Business Hours; Sunday Operation Prohibited. No Pawnbroker shall open his place of business of conduct any business therein between the hours of 9:00 p.m. and 8:00 a.m.; provided however, that such place of business may remain open until 10:00 p.m. on Fridays and Saturdays. Notwithstanding the foregoing sentence, no Pawnbroker shall open his place of business or conduct any business therein on Sundays. Sec. 26. – Duties of Pawnbroker. (a) It is unlawful for Pawnbrokers or employees thereof to purchase any goods, or to advance any money thereon, where their appearance indicates they have been tampered with, or there is an effort to conceal identity, or same are mutilated, or otherwise show an effort to destroy evidence of the former location of the property. It shall be the duty of every person operating or employed by a Pawnbroker’s License, to report to the Chief of Police or his or her duly authorized agent any such article or goods sold or pawned to him. (b) It shall be the duty of every person operating or employed by a Pawnbroker’s License, to report to the Chief of Police or his or her duly authorized agent any article or goods sold or pawned to him if he shall or reasonably should have a reason to believe that the article or goods was stolen or lost when presented by the seller or customer. (b) While the goods are being kept for 45 days before being disposed of, they shall be so arranged that they can be inspected by members of the police department on demand and the article location(s) shall be annotated in records readily available for inspection by the police department. Failure to comply with this section shall constitute a violation of this Article. Sec. 27. - Penalties for violation. Any person violating the provisions of this article shall be guilty of a misdemeanor punishable pursuant to 1-5. In addition to such fine or imprisonment, any person failing to comply with any provision of this article, or other laws, ordinances or regulations as may be passed by City Council in regulating the conduct of the business of a Pawnbroker, shall be grounds for immediate suspension or revocation of the License hereunder. Sec. 28. - Business existing on date of adoption of this article. All persons already engaging in the business of operating a Pawnshop prior to the effective date of this article shall file an application in accordance with the terms of this article by January 1 for the first year in which such License is requested, and each year thereafter, on January 1 of the year for which such License is requested in accordance with the renewal provisions set forth in this article. If the City Council shall determine that the application filed pursuant to this subsection should be denied the applicant may continue to operate his or her business until the conclusion of the year in which they have a License to operate. Sec. 29. - Reserved. City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted November 8, 2011 for First Presentation on November 21, 2011 Agenda and Ratification on December 5, 2011 Agenda Agenda Item: AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO AMEND CHAPTER 38 TO ADOPT THE PERSONNEL POLICIES OF THE CITY OF MILTON OUTLINED IN CHAPTER 38 AS A POLICY RESOLUTION, RATHER THAN AS AN ORDINANCE ENACTMENT Background: The City of Milton’s Personnel Policies are currently in the form of an Ordinance in the City Code. This makes changing our policies difficult. Discussion: This ordinance repeals Chapter 38 of the Milton code of Ordinances, and at the same time, readopts the same policies in Resolution format. This change will authorize the City Manager to make administrative changes to the personnel policies that must also be approved by the City Council. Legal Review: Ken Jarrard Attachments: Chapter 38 of the City Code of Ordinances STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO AMEND CHAPTER 38 TO ADOPT THE PERSONNEL POLICIES OF THE CITY OF MILTON OUTLINED IN CHAPTER 38 AS A POLICY RESOLUTION, RATHER THAN AS AN ORDINANCE ENACTMENT WHEREAS, Chapter 38 of the Ordinances of the City of Milton, Georgia currently incorporates the personnel policies of the City of Milton as an ordinance of the City of Milton; WHEREAS, Chapter 38 of the Ordinances of the City of Milton, Georgia is attached to this Ordinance; WHEREAS, there is no rule or regulation in the Charter for the City of Milton that requires the personnel policies for Milton to be adopted in ordinance form as opposed to resolution form; WHEREAS, in order to allow greater flexibility and efficiency, the City of Milton desires to adopt its personnel policies - as currently set forth in Chapter 38 of the Ordinances of the City of Milton - as a policy resolution instead of an ordinance enactment; WHEREAS, the existing personnel policy, attached hereto as Chapter 38 of Ordinances of the City of Milton, shall for all and future purposes be considered a binding and formal policy resolution of the City of Milton - but not an ordinance enactment. THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: Section I: Chapter 38 of the Ordinances of the City of Milton shall be and is hereby repealed as an ordinance. Section II: Upon the adoption of this ordinance, the personnel policies outlined in Chapter 38 of the Ordinances of the City of Milton shall be concurrently adopted and immediately authorized as a resolution of the City of Milton. Section III: Henceforward, the personnel policies of the City of Milton - as approved by said resolution - may be unilaterally modified by the City Manager, and any such modification shall then be placed on the next available City of Milton’s Consent Agenda for Council ratification of a resolution amendment. ORDAINED this the 5th day of December, 2011 ______________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 1 of 58 Chapter 38 - PERSONNEL [42] (42) State Law reference— General authority over officers and employees, O.C.G.A. §§ 36-34-2, 36-35-4; labor and industrial relations generally, O.C.G.A. § 34-1-1 et seq.; retirement and pensions generally, O.C.G.A. § 47-1-1 et seq. ARTICLE I. - IN GENERAL ARTICLE II. - ADMINISTRATION ARTICLE III. - COMPENSATION AND BENEFITS ARTICLE IV. - EMPLOYEE RELATIONS ARTICLE I. - IN GENERAL Secs. 38-1—38-18. - Reserved. Secs. 38-1—38-18. - Reserved. ARTICLE II. - ADMINISTRATION DIVISION 1. - GENERALLY DIVISION 2. - ATTENDANCE AND WORK HOURS DIVISION 3. - EMPLOYEE STATUS CHANGES DIVISION 4. - HIRING AND SELECTION DIVISION 5. - PERFORMANCE MANAGEMENT AND REVIEW DIVISION 6. - TERMINATION OF EMPLOYEE STATUS DIVISION 7. - USE OF CITY PROPERTY AND EQUIPMENT DIVISION 8. - SAFETY AND ACCIDENT REPORTING DIVISION 1. - GENERALLY Sec. 38-19. - Definitions. Sec. 38-20. - City manager authority. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 2 of 58 Sec. 38-21. - Management authority. Sec. 38-22. - Records. Sec. 38-23. - Applicability. Secs. 38-24—38-42. - Reserved. Sec. 38-19. - 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: Base rate means, for each employee, that amount the employee is designated to receive within the salary range for the employee's job classification. Demotion means the change of an employee from a position in one grade to a position in another grade at a lower level. Department means a major segment of the city organization headed by a person who reports directly to the city manager. Below are the recognized departments for the city: (1) Mayor and City Council. (2) City Manager's Office. (3) City Treasurer's Office/Department of Operations. (4) City Clerk. (5) Community Development. (6) Public Works. (7) Municipal Court. (8) Public Safety. Department director means the highest administrative employee of a department, whether indicated as director, chief, or other job title or rank. Employee means all city employees are at-will employees. The term "at-will employees" means that they have no property interest in the positions they hold and therefore can be dismissed, transferred, or demoted without cause. The classifications for employees are as follows: (1) Regular fulltime employee. The term "regular fulltime employee" means any employee filling an approved, budgeted position with a regularly scheduled work week of 40 hours per week. (2) Regular parttime employee. The term "regular parttime employee" means any employee filling an approved, budgeted position with a regularly scheduled work week of 35 hours or less per week. (3) Fire shift employee. The term "fire shift employee" means those employees designated as fire protection personnel and assigned to a shift other than the regular work week. (4) Police shift employee. The term "police shift employee" means those employees designated PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 3 of 58 as police protection personnel and assigned to a shift other than the regular work week. (5) Temporary employee. The term "temporary employee" means any employee filling a position for a specified length of time, for either long-term or short-term work assignments. Exempt employee means an employee defined according to the federal Fair Labor Standards Act (FLSA) to be subject to equal pay provisions but exempt from the minimum wage and overtime pay provisions. Exempt employee's compensation is based on an annual salary basis and there is no compensation for hours worked in excess of the defined work week. Exempt employees take vacation and sick leave hours in whole day increments only. Hazardous duty injury means bodily injury to an employee resulting from an activity within the scope and course of employment that is due to exigent and life threatening circumstances not caused o r contributed to by the employee's control. Hazardous duty injuries occur while an employee is physically performing work for the city. Health impairment means a temporary or permanent mental or physical impairment including, but not limited to, injury (on or off the job), pregnancy, illness, or other job-restricting impairment, which diminishes or precludes one's capacity for, or renders one unfit for performance of the essential job functions of the position. Nonexempt employee means an employee defined according to the federal Fair Labor Standards Act (FLSA) to be subject to equal pay, minimum wage, and overtime provisions. (1) For regular employees, hours worked in excess of the 40-hour work week will be paid at a rate of 1½ times the employee's regular rate of pay. (2) For police shift employees, hours worked in excess of the 86-hour bi-weekly work period will be paid at a rate of 1½ times the employee's regular rate of pay. (3) For fire shift employees, hours worked in excess of the 108-hour bi-weekly work period will be paid at a rate of 1½ times the employee's regular rate of pay. (4) Nonexempt employees take vacation and sick leave hours in quarter hours increments. On-the-job injury includes impairments that occur suddenly as a result of trauma as well as diseases that develop over long periods of time. Eligibility for worker's compensation coverage includes an injury: (1) That arose out of employment; (2) Was sustained in the course of employment; or (3) Was a result of an occupational hazard. Overtime rate means the rate of pay at 1½ times the base rate of pay. Promotion means the change of an employee from a position in one grade to a position in another grade of a higher level. Reassignment means the movement of an employee within the classification plan not otherwise covered by demotion, promotion, or reclassification. The terms "reassignment" and "transfer" may be used interchangeably. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 4 of 58 Reclassification means a position whose classification is altered due to job duties and responsibilities. Reclassifications can be to a higher, lower, or same pay grade. Relative means: (1) Spouse. (2) Parent or stepparent. (3) Child or stepchild. (4) Sister or stepsister. (5) Brother or stepbrother. (6) Sister-in-law. (7) Brother-in-law. (8) Grandparent. (9) Grandchildren. (10) Aunt or uncle. (11) Niece or nephew. Supervisor includes any employee formally assigned to supervisory responsibilities for personnel and operations of a work unit within a larger department of city government. Department directors and the city manager should be understood to be supervisors of individuals who report directly to them. Unauthorized absence means failing to report for duty or failure to remain at work as scheduled without proper notification, authorization, or excuse. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-20. - City manager authority. With the exception of matters reserved by state law or the city Charter to the city council, the g eneral and final authority for personnel administration rests with the city manager. This personnel handbook provides statements of policy and establishes required procedure relating to personnel administration that are necessary to effectively and efficiently manage city operations. It is issued by the city manager under the authority of the city council. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-21. - Management authority. (a) Scope; defined. City management possesses the sole authority to administer city operations. The term "management authority" includes, but is not limited to: (1) Discipline, discharge, or release of employees pursuant to the procedures described in th is article; PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 5 of 58 (2) Direct the work forces; (3) Hire, assign, or transfer employees; (4) Determine the mission of the city departments; (5) Determine the methods, means, and allocation/assignment of the personnel needed to carry out the city's mission; (6) Introduce new or improved methods or facilities or change such methods or facilities; (7) Determine reasonable work schedules and establish the methods and processes by which such work is performed; (8) Require the performance of duties stated and intended in job descriptions, with the understanding that every duty is not always described; (9) Determine position availability by: a. Authorizing lateral assignments; b. Freezing, hiring, and promoting; c. Authorizing delay in position uses due to budget, facilities, or other business necessity; d. Authorizing temporary assignment into a vacancy. (10) Delete positions, reclassify positions, and reassign employees to different positions with different classifications and pay as required by business necessity. (b) Administration of policy. Proper policy administration includes selecting goals and encouraging the discharge of duties above the minimum standards of criminal and civic responsibility. The provisions of this article create high standards of conduct so that training and performance can be aimed at the highest levels and may in appropriate cases, be the basis for internal discipline. The city manager may in the best interest of city operations, override any provision in this article. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-22. - Records. (a) A record of service will be managed by the human resources manager for every active employee. Service records for terminated employees shall be retained as defined in the financial management plan records management policy. An employee has the right to review and request copies of their personnel file. These requests will be facilitated by the human resources manager. Open records requests and confidentiality of personnel records will be managed as defined in the financial management plan records management policy. (b) It is the responsibility of the employee to notify the city of any personal data changes, such as name, address, phone number, emergency contact information, etc. (Ord. No. 06-11-69, § 1, 11-30-2006) PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 6 of 58 Sec. 38-23. - Applicability. (a) Scope. The provisions of this article apply to all city employees, both on and off duty, unless otherwise indicated, restricted by authority, or limited by law. (b) Not a contract. This article does not constitute a contract of employment or benefits. Nothing in this article should be construed as a guarantee of continued benefits from, or employment by, the city. All employees are subject to discharge with or without cause. (c) Changes. City management reserves the authority to modify, revoke, amend, suspend, interpret, terminate, or change any or all of the provision of this article. Except in the case of emergency, employees will be given appropriate written notice of any change. (d) Titles. The use of terms in this article shall not govern, limit, modify, or affect the scope of meaning or intent of any provision. (e) Validity. Any statement in a directive found to be illegal, incorrect, or inapplicable shall not affect the validity of the remaining contents. (f) Distribution. Every city employee will either be provided a copy of this article and copies of amendments and revisions as they are adopted or have access to a copy of the article. (g) Compliance. All provisions of this article are applicable to regular fulltime, parttime, seasonal, and temporary employees except where otherwise noted in the article. (h) Forms. The human resources department maintains a collection of various forms currently in use by the city and referred to in this article. These forms are subject to change from time to time. This is not meant to be a complete collection of all forms and any forms included may be superseded by revisions. (i) Attachments. A collection of various attachment regarding benefits and classification and pay are permanently attached to the personnel policy manual. These attachments are subject to change from time to time. The attachments included may be superseded by revisions. (j) Official copy. An official copy of the City of Milton, Georgia Personnel Handbook containing the latest revisions is maintained by the director of operations and can be found in the offices of such department. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-24—38-42. - Reserved. DIVISION 2. - ATTENDANCE AND WORK HOURS Sec. 38-43. - Policy statement. Sec. 38-44. - Work hours; breaks. Sec. 38-45. - Alternative work schedules. Secs. 38-46—38-64. - Reserved. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 7 of 58 Sec. 38-43. - Policy statement. (a) In order to maintain a high level of responsiveness to the city's citizenry, it is important that employees: (1) Follow established work hours; (2) Avoid tardiness and unauthorized absences; and (3) Follow reporting requirements. (b) The city reserves the right to establish official work hours for any position to ensure accomplishment of the city's mission. Where city operational demands can accommodat e such options, the city encourages alternative work schedules to meet family or other such personal needs, as appropriate. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-44. - Work hours; breaks. (a) Forty-hour week. The city has adopted a 40-hour work week schedule for nonexempt employees, with the exception of police and fire shift personnel. (b) Business hours. All city offices will be kept open continuously from 8:00 a.m. to 5:00 p.m. Monday through Friday. In order to facilitate flexibility for customers, those functions, including areas of external customer service may make schedule arrangements to have staff available from 7:30 a.m. to 5:30 p.m. each working day. (c) Hours worked. Except as otherwise noted in the remainder of this subsection, authorized paid leave is considered hours worked. (1) Vacation and sick leave hours are not considered hours worked for the purpose of determining overtime eligibility. (2) Vacation and sick leave hours are not considered hours worked for the purpose of determining eligibility for Family Medical Leave Act (FMLA). (d) Attendance requirements. Maintaining good attendance is a condition of employment and an essential job function of every job. (1) An employee will refrain from: a. Unauthorized absences or tardiness; b. Abusing sick leave; c. Absences or tardiness that causes significant disruption of service; and d. Excessive amounts of time off the job, regardless of reason. (2) An employee absent from the job without proper authorization for three consecutive workdays may be considered to have resigned their position. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 8 of 58 (e) Additional work. All employees are required to work in excess of their official hours when necessary, as determined by department management. Such additional work assignments may be rotated and allocated among employees qualified to perform the duties. Excess hours may be required or granted for a specific period of time or on a regular basis as operating circumstances warrant. Additional work by nonexempt employees must be approved in advance by the employee's supervisor. This includes, but is not limited to: (1) Work before or after regular work hours; or (2) Work taken home. (f) Time increments. Hourly computations for the purpose of compensation and the use of vacation and sick leave will be computed in quarter-hour increments. (g) Meal breaks. Meal time or other noncompensated breaks should be at least 30 minutes in length. Other rest periods of short duration during the day should not be disruptive to operations and should not exceed in general, 15 minutes in length. Mealtime during a shift or tour of duty is not con sidered compensable time, unless the employee is on restricted on-call pay status or the employee is required to work during the meal time. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-45. - Alternative work schedules. (a) Generally. Subject to operational requirements, regular fulltime employees may be permitted to work an alternative work schedule that allows the employee to work outside the normal work hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. (b) Approval process. Any significant change in an employee's work schedule must be agreed to in writing by the department director and the employee prior to implementation. In addition, the human resources manager must approve any significant change in an employee's work schedule to ensure there is no conflict with statutory/regulatory requirements or city policy. (c) Restrictions. The following restrictions apply to employee alternative work schedules: (1) The city may cancel or suspend an employee's alternative work schedule privileges at any time, for any or no reason. (2) Daily and weekly work schedules can be modified at the city's discretion to meet changing operational needs. (3) Approval of an alternate work schedule does not restrict employees from working more than their scheduled work hours. (4) Employees can be required to depart from their alternate work schedule as necessary, to work additional hours, to attend training, or for other business purposes as determined by the city. (5) No alternate schedule will be approved that has the potential to unduly increase the city's overtime pay liability. (Ord. No. 06-11-69, § 1, 11-30-2006) PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 9 of 58 Secs. 38-46—38-64. - Reserved. DIVISION 3. - EMPLOYEE STATUS CHANGES Sec. 38-65. - Policy statement. Sec. 38-66. - Regulations; restrictions; compensation. Sec. 38-67. - Promotions and demotions. Sec. 38-68. - Reassignment. Sec. 38-69. - Management reclassification. Sec. 38-70. - Nepotism and conflicts of interest. Secs. 38-71—38-89. - Reserved. Sec. 38-65. - Policy statement. Employees may undergo any number of changes in status and compensation resulting from their performance or from promotion, demotion, reassignment, transfer, or changes in family relationships. The purpose of this division is to identify and describe the more common of these changes. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-66. - Regulations; restrictions; compensation. (a) Requirement. All promotions, demotions, reassignments, or transfers are contingent on position availability and the employee meeting the minimum qualifications. (b) Probation period requirements. Employees who are promoted, demoted, or reassigned are subject to a six month probationary period in the new position. (c) Probation period restrictions. Except as the result of disciplinary action or business necessity, no status change described in this division may occur while an employee is in a probationary period. (d) Compensation. Status changes described in this division may affect compensation, based on position classification. (e) Effective dates. Except for temporary reassignments in emergency situations, status changes described in this division can only be effective at the beginning of a pay period. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-67. - Promotions and demotions. (a) Eligibility for promotion. Employees may be eligible to promote to higher classified positions based on qualifying skills and demonstrated performance. (b) Reasons for demotion. Employees may be demoted as the result of: (1) The failure to meet minimum performance standards established for their position; (2) Disciplinary action; or PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 10 of 58 (3) Job elimination due to business necessity. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-68. - Reassignment. (a) Management reassignment. An employee may be temporarily or permanently reassigned to a position in the same rank or classification with different duties and responsibilities. This action may be taken at the discretion of management. (b) Temporary reassignment to higher classification. Employees may be temporarily assigned to an acting status in a higher level position having different duties and responsibilities when: (1) An existing position is vacant or the incumbent is or will be absent from work for at least 30 days; (2) Operational effectiveness precludes dispersing the duties of the position among other equally classified employees; (3) The employee meets the minimum qualifications of and is capable of performing the assigned duties of the higher level position; and (4) The city manager or his or her designee approves the temporary acting status in writing prior to the reassignment. (c) Employee-sought reassignment. Employees may voluntarily seek transfers to equally or lower classified available positions for which they are qualified. Such transfers may not be granted if the city manager determines that they are not in the best interest of city operations. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-69. - Management reclassification. (a) Overview. Reclassification of a position may occur at the discretion of management when the job duties actually performed and the minimum qualifications of the position have significantly changed since the job description was written. Reclassification may result in a position being placed in a higher, lower, or same classification. Employees whose positions are reclassified will be given advanced written notice of the reclassification by the department director. (b) Approval. All requests for reclassifications should be submitted to the human resources manager, who will review and make a recommendation to the director of operations. The human resources manager will submit the recommendation to the director of operations for final approval. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-70. - Nepotism and conflicts of interest. (a) Overview. When relatives, work within the same department, potential conflicts of interest can arise. In order to prevent these conflicts, the city prohibits two or more relatives to be employed within the same department. (b) Options. To prevent conflicts when two or more relatives are employed within the same department one of the following options shall be used: PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 11 of 58 (1) Voluntary movement of either or both employees based on availability of positions in other departments and qualifying skills of the employee. (2) Involuntary reassignment to an available position of equivalent status/grade. (3) Resignation or dismissal from city service. (c) Nonfraternization. Romantic or sexual relationships between a manager/supervisor and a direct report employee can cause real or perceived conflicts of interest. In order to prevent these conflicts, the city prohibits such relationships or any conduct that is intended or may reasonably be expected to lead to the formation of a romantic or sexual relationship between a manager/supervisor and an employee in a direct reporting relationship. This policy applies regardless of whether or not both parties freely consent to such relationships. (1) Should a manager desire to date or become involved with a direct report employee, the manager should first resign from his or her position with the city. (2) Should two employees within the same department but not in a direct reporting relationship desire to become involved in a romantic relationship, they should disclose the relationship to the department director who shall then make a decision regarding the effect of the relationship on work product and work flow within the department. If in the judgment of the department director, the relationship between two employees within the department creates a negative effect on departmental operations, then one of the two will be asked to transfer or resign their position with the city. (3) By its prohibition of romantic and sexual relationships, the city does not intend to inhibit the social interaction, such as lunches, dinners or attendance at entertainment events, that are or should be an important part or extension of the working environment. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-71—38-89. - Reserved. DIVISION 4. - HIRING AND SELECTION Sec. 38-90. - Policy statement. Sec. 38-91. - Nondiscrimination employment; selection criteria; minimum wage. Sec. 38-92. - Application process. Sec. 38-93. - Selection. Sec. 38-94. - Re-employment. Sec. 39-95. - Probationary period. Sec. 38-96. - Contract employment. Sec. 38-97. - Other employment. Secs. 38-98—38-116. - Reserved. Sec. 38-90. - Policy statement. (a) The city is committed to employ, in its best judgment, the best qualified candidates f or approved PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 12 of 58 positions while engaging in recruitment and selection practices that are in compliance with all applicable employment laws. It is the city's policy to provide equal employment opportunity for all employment to all applicants and employees. (b) The appropriate authorization is required to initiate any action for an open position including any recruitment efforts, advertising, or interviewing, and approval is required to extend any offers of employment to any perspective candidate. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-91. - Nondiscrimination employment; selection criteria; minimum wage. (a) Equal employment opportunity. The city provides equal opportunity to all employees and applicants without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, marital status, or status as covered veterans in accordance with applicable federal, state and local laws. This policy applies to all terms and conditions of employment including, but not limited to: (1) Hiring; (2) Placement; (3) Promotion; (4) Termination; (5) Reduction in force; (6) Recall; (7) Transfers; (8) Leaves of absence; (9) Compensation; and (10) Training. (b) The Americans with Disabilities Act. The Americans with Disabilities Act (ADA) bars discrimination against the disabled in the areas of employment, public services, and public accommodations and requires employers to reasonably accommodate qualified individuals with disabilities. It is the city's policy to comply with all federal and state laws concerning the employment of persons with disabilities. It is city's policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions, and privileges of employment. The city will provide reasonable accommodations to both employees and members of the public, if so requested. (c) Selection criteria. Selection for employment with the city is based on job-related qualifications in the sole discretion of the city and is contingent on satisfactory results of such exams or tests as either required by law or administered due to job-related duties. (d) Minimum age. Eighteen is the minimum age of employment for the city with the following exceptions: PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 13 of 58 (1) The minimum age for police uniformed services is age 21. (2) Selected temporary positions where persons at least age 16 and are allowed by law to work in jobs that are nonhazardous. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-92. - Application process. (a) Recruitment requests. Upon a vacancy, the department director should submit the position requisition form to the human resources manager. (1) Advertisement; contents. An advertisement will be published for every vacancy stating: a. The position; b. The minimum training requirements; c. The salary range; d. How to apply; and e. The closing deadline for application submission. (2) Duration. The advertisement will be published for a minimum of 14 days. At the discretio n of the department director, an attempt at internal recruiting may be the initial course of action, in which case the advertising period may be altered. (b) Forms and submission. All candidates for a position, whether or not currently employed by the city, must complete a new employment application and file it with the city human resources manager for each vacancy of interest. Additional information outside the initial employment application may be required from candidates. (c) Examinations. As determined by the department director under review and management of the human resources manager, the selection process may include, but is not limited to, one or more of the following: (1) Oral interviews; (2) Evaluation of experience and training; (3) Written basic skills test; (4) Physical ability skills test; (5) Driver history; (6) Criminal history; and (7) Reference and background checks. (d) Falsified or omitted material. Omission or falsification of any material fact on an application disqualifies an applicant for consideration of employment, transfer or promotion. Disciplinary action may PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 14 of 58 be taken against a current employee for an omission or falsification, up to and including termination. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-93. - Selection. (a) Job-related criteria. Selection for employment with the city is based on job-related criteria that may include, but is not limited to: (1) Possession of the necessary knowledge, skills, abilities, training, education, licenses, certifications and experience required for the position. (2) Satisfactory results on performance tests and physical or psychological examinations, or drug and alcohol tests. (3) Satisfactory results on criminal history, driving record, employment and education reference checks. (b) Nepotism. All provisions of the nepotism policy in this article will be adhered to during the selection process. (c) Position control. It is the responsibility of the director of operations to maintain a citywide position control in order to track authorized positions and the status thereof. The position control shall be the document of authority for determining the availability of positions for recruitment. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-94. - Re-employment. (a) To be considered for re-employment, former employees must: (1) Have demonstrated acceptable prior service with the city; and (2) Meet the current minimum qualifications for the position for which they are applying. (b) Rehired employees are subject to the conditions of employment and benefits of a newly hired employee, except in cases specifically stated otherwise. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 39-95. - Probationary period. (a) Application. Newly hired or rehired employees who are promoted, demoted, or transferred are required to successfully complete a probationary period of not less than six months. It is the purpose of the probationary period to provide a time by which both employee and employer can decide whether to continue employment. Probationary employees and supervisors should utilize the time to examine all aspects of the job and related performance. An employee's end of probationary period must be documented via a personnel action form. (b) Provisions. The probationary period may be extended beyond the six months for public safety personnel that have not completed the required academic and departmental training. Employees in a probationary status are not eligible for reassignment, promotions or voluntary transfer, unless specifically approved by the city manager. Employees in a probationary status do not have grievance or PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 15 of 58 appeal rights to disciplinary action. Dismissal of an employee during the probabtionary period should be coordinated with the human resources manager. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-96. - Contract employment. (a) Overview. Personnel from temporary employment agencies or contract employees outside an agency may be utilized from time to time by the city to facilitate business needs. The temporary agency is responsible for hiring, training, assigning, disciplining, and terminating its contract personnel. For performance purposes, contract personnel assigned a city project will be supervised by the department director's designee. Contract employees are not eligible to receive city benefits. Contract employees outside an agency must supply their own equipment, manage their own schedule and are responsible for their own payroll tax payment and filing. (b) Procedure. Departments in need of contract personnel must use the following requisition process: (1) Requests for contract personnel must be placed through the department of operations and will be reviewed by both human resources and finance. (2) Temporary assignments must be approved by the director of operations prior to the engagement of the contract service. (3) The human resources manager will keep a list of approved temporary agencies and will coordinate the assignment once approval has been issued. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-97. - Other employment. (a) Overview. The city recognizes that employees may seek additional employment during their off hours to earn additional income or develop new skills and experience. Despite any outside employment, their city job is the primary employment responsibility for fulltime employees. Working extended hours while at a secondary job may adversely affect the health, endurance, and productivity of employees. The city does not consider outside employment to be an excuse for poor job performance, tardiness, absenteeism, or refusal to work overtime or travel when required by the city. Outside employment also presents the opportunity for conflicts of interest. It is for this reason, the city limits outside employment to the provisions in this article. (b) Outside employment. Outside employment is subject to written approval by the department director or his or her designee. A city employee may engage in any business, trade, occupation, or profession that does not: (1) Bring the city into disrepute. (2) Reflect discredit upon the employee as an employee of the city. (3) Interfere with the performance of the employee's city duties. (4) Present a conflict of interest. (5) Result in misuse of city property or funds. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 16 of 58 (6) Result in use of the city position for personal gain. (7) Violate department policy or procedure. (c) Dual city employment and volunteer time. Employees may not hold more than one compensated position by the city. Overtime liability under the federal Fair Labor Standards Act (FLSA) may be incurred when an employee occupies a compensated position and is allowed to perform services beyond their allowed hours without expectation of compensation. For this reason, the city restricts employee volunteer work to that which is "occasional and sporadic and in a different capacity" than their normal city position. All volunteer time toward a position not held by an employee must be approved by the human resources manager. (d) Prohibitions. (1) Department directors are prohibited in engaging in any form of outside employment without the specific approval by the city manager. (2) No employee shall engage in any employment or business where the work of the secondary employer is subject to approval, review, licensure, or inspection by the employee's city department. (3) No employee shall engage in any employment or business where the work of the secondary employer has been in the last 12 months or is currently the subject of an investigation by the employee's city department. (4) If an employee is unable to work for the city due to an illness or injury that exceeds three consecutive work days or is being covered by the city's worker's compensation program. (5) No employees shall engage in any private business or activity while on duty. (e) Approval. (1) An employee must obtain permission in writing from the department director or his or her designee before accepting any other employment or engaging in any other business. The prescribed form should be used for permission as it gathers the pertinent information for review of the request. (2) An employee must obtain permission in writing from the department director and the human resources manager before accepting an assignment as a volunteer for the city. (3) Permission granted is subject to revocation in the event of a subsequent unknown or occurring conflict with this policy. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-98—38-116. - Reserved. DIVISION 5. - PERFORMANCE MANAGEMENT AND REVIEW PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 17 of 58 Sec. 38-117. - Policy statement. Sec. 38-118. - Performance review—Timing; discussions. Sec. 38-119. - Same—Process. Sec. 38-120. - Performance improvement plan (PIP). Secs. 38-121—38-139. - Reserved. Sec. 38-117. - Policy statement. The job performance of all employees will be reviewed periodically to determine if salaries should be adjusted, if job descriptions should be revised, or if jobs need to be reclassified. A periodic formal performance review is intended to ensure that all employees: (1) Are aware of what duties and responsibilities are expected; (2) Understand the level of performance expected; (3) Receive timely feedback about their performance; (4) Have opportunities for education, training, and development; (5) Are evaluated in a fair and consistent manner; and (6) Have performance goals established. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-118. - Performance review—Timing; discussions. (a) Timing. The performance of employees will be reviewed: (1) Prior to completion of the probationary period after hiring, promotion, or reassignment. (2) At least annually for all fulltime employees. (3) Annual reviews will occur during the first month of the fiscal year for the review period of the previous 12 months. (b) Performance discussions. Interim reviews by the supervisor of an informal nature throughout the year are encouraged in order to: (1) Foster communication; (2) Ensure common understanding of purpose; and (3) Assist in detecting problems as they develop. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-119. - Same—Process. (a) Discussion content. Together the supervisor and employee will discuss the employee's performance during the review period and plan for the next review period. The contents of the review should: PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 18 of 58 (1) Identify the principal duties of the job and measured results of those duties during the review period; (2) Review the expectations of the level of performance and the measured results of meeting those expectation during the review period; (3) Define the results that recognize significant work or projects during the review period; (4) Identify and address areas of employee development needs; (5) Develop an action plan for training to improve or add skills; and (6) Set goals and objectives for the upcoming fiscal year. (b) Documentation. The supervisor will document the employee's evaluation and any agreed upon plans on the prescribed form and secure agreement with the department director before administering the review with the employee. Subsequent to the review with the employees, signatures of both the evaluator and employee should be ascertained. (c) Appeal. If an employee disagrees with the supervisor's assessment of their performance, the employee may appeal in writing to the department director. The department director's, along with the human resource manager's input, decision will be final. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-120. - Performance improvement plan (PIP). (a) Appropriate use. Employees who continue to perform below the acceptable level after counseling may be placed on a performance improvement plan (PIP). If the employee fails to demonstrate the necessary improvement during or upon completion of the PIP, the employee may potentially be demoted or dismissed as appropriate. The PIP cannot be used to extend the probationary period. (b) Contents. The PIP document should include: (1) Statements of the specific deficiencies in the employee's performance; (2) The improvement that is necessary; (3) The period of time in which improvement must occur; and (4) The action to be taken if the employee fails to show satisfactory improvement. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-121—38-139. - Reserved. DIVISION 6. - TERMINATION OF EMPLOYEE STATUS Sec. 38-140. - Policy statement. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 19 of 58 Sec. 38-141. - Resignation or retirement. Sec. 38-142. - Reductions in force. Secs. 38-143—38-161. - Reserved. Sec. 38-140. - Policy statement. (a) Employees leave the city workforce under various conditions that include: (1) Retirement; (2) Voluntary separation; (3) Dismissal; or (4) Reductions in force. (b) Regardless of the reason, the end of employment shall be conducted in a discreet, respectful, and efficient manner. (c) Procedures may exist affecting the employees terminal pay and disciplinary action appeals. Employees should make themselves aware of these procedures. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-141. - Resignation or retirement. (a) Notice required. (1) Resignation. An employee must submit a resignation to their department director at least two weeks prior to the effective date of the resignation. The resignation notice should indicate the last working day or shift with the city. Use of accrued sick or vacation leave during the notice period will be prohibited and the failure to report to work during the notice period will be considered an unauthorized absence. An employee may be permitted or requested to leave immediately. If the employee is requested by the city to not work through the notice period, the employee will be paid through the effective date of their resignation. (2) Retirement. An employee must give written notice of intent to retire to their department director as soon as possible but no less than 30 calendar days prior to the intended retirement date. This notice is required in order to facilitate the timely processing of retirement benefits. The resignation notice should indicate the last working day or shift with the city. In the case of disability, the application of disability retirement satisfies the notice requirement. (3) Failure to give notice. An employee who gives less than the required notice may hamper their ability to be eligible for rehire and timely receipt of benefits. The department director may waive the notice requirement in writing. (b) Process of exit. After receiving written notice of voluntary termination the department director management shall notify the human resources manager, who will schedule an exit interview for the employee. Employees who leave the city's workforce will be paid for all accrued vacation leave hours provided they have completed their probationary period. All city property assigned to the employee is considered an advance of wages and must be returned in proper working condition before receiving the final pay check. If not returned, the value of the items will be deducted from the employee's final pay PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 20 of 58 check. (c) Pending disciplinary action. An employee whose resignation or retirement notice is tendered and accepted after the initiation of a disciplinary action forfeits their right to appeal the disciplinary action. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-142. - Reductions in force. The city reserves the right to separate employees due to lack of work or funding. The determination of who is to be separated is within the city manager's sole discretion. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-143—38-161. - Reserved. DIVISION 7. - USE OF CITY PROPERTY AND EQUIPMENT Sec. 38-162. - Policy statement. Sec. 38-163. - Authorization for use; inspection; loss or damages. Sec. 38-164. - Vehicle use and operation. Sec. 38-165. - Electronic communication systems. Secs. 38-166—38-184. - Reserved. Sec. 38-162. - Policy statement. The city is committed to providing a safe workplace and has a substantial investment in the property and equipment used to provide employees the tools for the effective and efficient accomplishment of city business. The appropriate use of facilities, vehicles, equipment, and other items of city property is expected from employees. Additionally, this policy governs the use of the city's computer and electronic communications system, which includes telephone, voice mail, fax machines, Internet, electronic mail (e-mail), and other computer usage. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-163. - Authorization for use; inspection; loss or damages. (a) Privacy. No employee shall have an expectation of privacy in any thing or item referenced in this article. This includes the use of the computer and electronic communication system including, but not limited to, the e-mail and voice mail messages they create, store, send and receive, and the Internet sites they visit. (b) Use of equipment. All equipment provided in the course of employment as well as the computer and electronic communications system is the city government's property and may only be used for approved purposes. (c) Inspection of property. Employees may be assigned and authorized the use of city-owned vehicles, lockers, desks, cabinets, computers, etc., for the convenience of the city and its employees. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 21 of 58 Management reserves the right to search city property assigned to employees and documents in employee desks, lockers, file cabinets, etc. (1) The city has the right to monitor any and all aspects of its computer and electronic communication system including, but not limited to: a. Monitoring sites visited by users on the Internet; b. Reviewing material downloaded or uploaded by users to the Internet; and c. Reviewing e-mail sent and received by users. (2) Such monitoring may be conducted without prior notice. (3) Use of the city's computer and electronic communication system automatically constitutes consent to such monitoring. (d) Proper authorization. An employee shall not, regardless of value, take city property without authorization. The use of city property, equipment, or facility for personal gain or for other than official duty-related use is forbidden. (e) Discipline. Repayment for loss or damage may be required under this article in addition to, or in lieu of, disciplinary action. Required repayment under this article will be made by payroll ded uction from the employee's pay as necessary to recoup the amount to be recovered. If the employee leaves the employment of the city, recoupment of the loss may be made from the final paycheck. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-164. - Vehicle use and operation. (a) Business use. Except as specified in this article, city vehicles are furnished for official city business and may not be used for personal reasons with express written consent by the city manager. (b) Vehicle assignment. Employees assigned a city vehicle may be authorized to use the vehicle for transportation to and from work. This "take home" provision, if granted, shall only apply to employees living within a 30-mile radius of city hall. If take-home status is granted, no personal use of the vehicle is permitted after the commute is complete. No passengers may be transported in take home vehicles unless they are connected to city business. Employees who are assigned a city vehicle are responsible for ensuring the preventative maintenance and repair schedule is met on the vehicle. Failure to ensure the proper repair and maintenance may result in the revocation of the assignment. All vehicle assignments are subject to recall at any time. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-165. - Electronic communication systems. (a) Definitions. The term "electronic communication systems" means the Internet, electronic mail, telephone, voice mail, facsimiles, pagers, mobile phones, 800 mhz radios, computer and computer networks, directories, and files. Employees will not have privacy rights with respect to any activity using these systems. All data, including e-mail messages composed, sent and received are the city's property. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 22 of 58 (b) Professionalism. At all times, users have the responsibility to use computer resources in a professional, ethical, and lawful manner. Users should use the same care in drafting e-mail and other electronic documents as they would for any other written communications. Users should always strive to use good grammar and correct punctuation, and keep in mind that anything created or stored on the computer system may be reviewed by others and the quality of communications is a direct reflection upon the city. (c) Appropriate use. Personal use of the computer and electronic communications system is a privilege that may be revoked at any time. Occasional, limited, and appropriate personal use of the computer and electronic communications system is permitted if the use does not: (1) Interfere with the user's work performance; (2) Interfere with any other user's work performance; (3) Compromise the integrity of the computer and electronic communications system; and (4) Violate any other provision of this policy or any other policy, guideline, or standard of the city. (d) Inappropriate use. Under no circumstances should the city's computer and electronic communications system be used for sending, transmitting, intentionally receiving, copying, or storing any communication that is fraudulent, harassing, racially offensive, sexually explicit, profane, obscene, intimidating, defamatory, or in the city's sole opinion otherwise unlawful or inappropriate. Users encountering or receiving this kind of material should immediately report the incident to their supervisor and IT manager. Exceptions are limited to police investigations into criminal activities, which may require the use of the Internet for information and intelligence gathering. This is permissible with the prior approval of the public safety director. Other prohibited uses of the city's computer and electronic communication systems include, but are not limited to: (1) Sending chain letters; (2) Sending copies of documents, messages, software, or other materials in violation of copyright laws; (3) Compromising the city's integrity and its business in any way; and (4) The advertisement of personal business or conducting personal business activities. (e) Misuse of software. Users who become aware of any misuse of software or violation of copyright law should immediately report the incident to the IT manager. Files obtained from sources outside the city, include disks brought from home, files downloaded from the Internet, files attached to e-mail; and files provided by citizens or vendors. These files may contain dangerous computer viruses that can damage the city's computer network. Users should never download files from the Internet, accept e-mail attachments from outsiders, or use disks from noncity sources without first scanning the material with city-approved virus checking software. If a user suspects that a virus has been introduced into the city's network, they should notify the IT manager immediately. Without prior written authorization from the IT manager, users may not do any of the following: (1) Copy software for use on their home computers or to other computers; (2) Provide copies of software to any independent contractors of the city or to any third person; PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 23 of 58 (3) Install software on any of the city's workstations or servers; (4) Download any software from the Internet or other online service to any of the city's workstations or servers; (5) Modify, revise, transform, recast, or adapt any software; (6) Reverse-engineer, dissemble, or decompile any software; (7) Passwords. Authorized users will be given a login name that allows access to the network. The user will have a personalized password, which should be obscure in nature and not divulged to others. Any user with knowledge of any password not their own shall report it to their supervisor immediately. No employee shall attempt any unauthorized access to the system. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-166—38-184. - Reserved. DIVISION 8. - SAFETY AND ACCIDENT REPORTING Sec. 38-185. - Policy statement. Sec. 38-186. - Responsibility to report. Sec. 38-187. - Personal protective equipment. Sec. 38-188. - Operation of vehicles. Sec. 38-189. - Accident involvement. Secs. 38-190—38-208. - Reserved. Sec. 38-185. - Policy statement. The city is committed to providing a safe workplace. In accordance with this, employees are expected to take an active role in promoting workplace safety by reporting unsafe working conditions and by noting where fire extinguishers, first-aid kits, and emergency exits are located. Additionally, employees are required to participate in identifying and correcting where possible, the underlying cause s of accidents and unsafe conditions. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-186. - Responsibility to report. (a) Employee responsibility. Employees are responsible for exercising care and good judgment in preventing accidents and for observing safety rules and procedures when performing their duties. Employees are required to: (1) Report all accidents to their supervisor immediately, if possible, or no later than 24 hours from the time of the accident and seek first aid for all injuries, however minor; (2) Report any unsafe work conditions, equipment, or practices to their supervisor as soon as possible; PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 24 of 58 (3) Attend scheduled safety meetings and activities; and (4) In the event of an injury resulting in lost work time, continued contact with the supervisor is required for the purpose of keeping records on the expected return to work status. (b) Equipment repair. Employees have a responsibility to report the need for repairs of any city-owned or leased property issued to the employee. No employee shall alter, repair, or in any way change, add to, or remove any parts or accessories of any city-owned or leased property without the permission of the department director. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-187. - Personal protective equipment. The city will provide directly, or through an allowance approved in the annual budget each year, items of personal protection. Supervisors will direct use of personal protective items when warranted and employees are expected to comply with such direction. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-188. - Operation of vehicles. (a) Vehicle operator qualifications. In order to operate a city-owned vehicle in the course of business, an employee must: (1) Be at least 18 years of age; (2) Have a valid state driver's license for the class of vehicle to be driven; (3) Have a record of no more than two moving citations or one moving citation and one chargeable accident within a 24-month period: a. The public safety director or his or her designee will make the sole determination of whether the accident was chargeable in nature. b. DUI or DWI convictions are a permanent part of an employee's driving record and are not subject to the 24-month limitation. c. Employees whose primary duty is to drive a city vehicle that do not have an acceptable driving history must be relieved of such duties and assigned to nondriving positions or nondriving duties until their 24-month record reflects and acceptable driving history. If a nondriving position is not available, the employee may be terminated. (4) Be otherwise qualified under federal and state regulations to drive the vehicle in question; and (5) Be trained and authorized to operate the vehicle. (b) Annual review. To ensure the maintenance and validity of driver's licenses, driving records of employees who operate city vehicles will be examined on an annual basis. The city will check motor vehicle records (MVR) of all applicants prior to making offers of employment. As part of the hirin g process, applicants will be required to sign a written consent form allowing the city to check motor vehicle records at any time prior to or during their employment. The human resources manager will be PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 25 of 58 responsible for the collection of license copies each year and the submittal of licenses to the appropriate party for review. (c) Notification procedures. Employees who operate vehicles in the course and scope of their employment must notify the supervisor: (1) When their driver's license becomes invalid or suspended for any reason. Such employees will immediately be prohibited from operating vehicles on city business. (2) Immediately during work hours or by the next working day if after hours, upon the receipt of any ticket or citation for any violation of state law or a local ordinance relating to motor vehicle traffic operation other than parking violations. (3) An employee who receives a citation for any violation while operating a city vehicle will be responsible for paying any fine or penalty incurred and will be subject to disciplinary action, up to and including termination. (4) Failure to report can be grounds for disciplinary action, up to and including termination. (d) Operation of vehicles. Employees shall operate any vehicle used for city business in a careful and prudent manner and shall obey the laws, policies, regulations, and procedures of the city and state pertaining to such operation. Smoking in city-owned or leased vehicles is prohibited. (e) Duty restrictions. A physical, mental, or driving skill impairment that cannot be reasonably accommodated that affects an employee's ability to safely operate a motor vehicle, or the failure to comply with the driver qualifications outlined in this article, precludes that employee from operating any city-owned or leased vehicle for city business. If the operation of a vehicle is an essential job duty, an attempt will be made to place the employee in a nondriving position. If such a position is not available, the employee will be immediately relieved of duty. If the vehicle prohibition is due to suspected physical or mental impairment, the employee will be subject to a health fitness evaluation as outlined in this article. (f) Passenger restraint systems. Such systems where required by law, must be worn by the driver and passenger when a vehicle is in operation. The driver of the vehicle is responsible for compliance. The city also encourages the use of driver and passenger restraint systems during nonwork hours. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-189. - Accident involvement. (a) Report required. All accidents involving injury to any person, city-owned or leased vehicles or equipment, personal vehicles or equipment used during the course of business, and any property damage must be reported to the immediate supervisor by the employee involved in or witness to the accident. (b) Employee responsibilities. Unless transported from the accident scene for medical treatment, the employee involved in a job-related accident will: (1) Render aid to other parties if possible and necessary; (2) Report the accident and any injuries immediately to local law enforcement; PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 26 of 58 (3) Immediately notify their supervisor or human resources if the supervisor is not available; (4) Record the name, address, and phone number of any witnesses, and note the specifics of the accident circumstances, if possible; (5) Be courteous, but not make or sign any statement for anyone other than the police officer responding to the scene; (6) Remain at the scene until excused by law enforcement personnel; (7) Not discuss or reveal information or provide statements to noncity personnel subsequent to the accident. This does not prohibit cooperation with law enforcement investigations outside the city's jurisdiction; and (8) Submit to all requested post-accident testing as directed by the supervisor or other city management representative. (c) Administrative accident investigation. The supervisor or other designated employees will conduct an administrative investigation into the circumstances of the accident and prepare a written report that includes a statement of the facts and analysis as to cause. The report will also include recommendations of any corrective action necessary to prevent recurrence of such accidents. The city attorney will facilitate claim/litigation management with the city's insurance carrier. (d) Examinations and tests. An employee who is involved in a reportable accident may be required to undergo examinations and tests as specified in the performance of duty standards and substance abuse testing sections in article IV, division 5 of this chapter. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-190—38-208. - Reserved. ARTICLE III. - COMPENSATION AND BENEFITS DIVISION 1. - GENERALLY DIVISION 2. - PAY SYSTEM DIVISION 3. - EMPLOYEE BENEFITS; TYPES OF LEAVE DIVISION 4. - GROUP BENEFIT PLAN DIVISION 1. - GENERALLY Sec. 38-209. - Policy statement. Secs. 38-210—38-228. - Reserved. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 27 of 58 Sec. 38-209. - Policy statement. (a) The city's compensation philosophy is to maintain a competitive pay structure for the purpose of recruiting and retaining an effective and efficient workforce. The pay structure is designed to: (1) Pay employees based on what their job is worth; (2) Ensure they appropriately move through the salary range for their classification; and (3) Recognize performance through merit pay, where applicable. (b) The pay plan is designed to comply with federal and state law, including the Fair Labor Standard Act (FLSA). (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-210—38-228. - Reserved. DIVISION 2. - PAY SYSTEM Sec. 38-229. - Pay period. Sec. 38-230. - Direct deposit encouraged. Sec. 38-231. - Type of pay other than base rate. Sec. 38-232. - Compensation plan. Sec. 38-233. - Changes in salary. Secs. 38-234—38-252. - Reserved. Sec. 38-229. - Pay period. All city employees will be paid on a bi-weekly basis. The work week will begin on Saturday and end on Friday. The actual pay date will be two Fridays following the end of a pay period. When a pay date falls on an official city holiday, employees will be paid on the date preceding the holiday. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-230. - Direct deposit encouraged. Participation in the direct deposit program is highly encouraged for all city employees. All pay-related items, such as allowances and reimbursements, will flow through the regular pay cycle. An employee's final check upon the end of employment will not be a direct deposit check, but a live check picked up in person by the employee or mailed upon request. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-231. - Type of pay other than base rate. (a) Overtime pay; defined. Overtime work is work performed by a qualified employee which exceeds the regular work week, as defined in the Fair Labor Standards Act (FLSA). PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 28 of 58 (1) The FLSA standard for: a. Nonpublic safety employees is a 40-hour workweek; b. Police shift employees, an 86-hour bi-weekly work period; and c. Fire shift employees, a 106-hour bi-weekly work period. (2) Compensation for overtime hours shall be at 1½ times for hours worked in excess of the defined work period. (3) Vacation and sick leave will not be considered as hours worked for overtime computation purposes. (b) On-call status. Some operational divisions in the city may designate nonexempt employees to be on-call to provide for after-hours service needs. Those designated employees are required to respond to an on call assignment. On-call status shall have two distinct categories: (1) Restricted on-call. The time spent on-call on or away from city premises are under conditions that prevent the employee from using the time for personal activities. This category of on-call is compensatory. Employees in a restricted on-call basis will be paid two hours at the overtime rate per on-call rotation. (2) Unrestricted on-call. The time spent on-call on or away from city premises are under conditions that do not prevent the employee from using the time for personal activities. The employee on unrestricted on-call status may choose to report for an on-call assignment. Unrestricted on-call status is not compensatory. (c) Callback; defined; pay. The term "callback" means there is an emergency or after-hours service need for which an employee reports to work as a result. The term "callback" does not include additional hours of work scheduled in advance. (1) An employee responding to a callback will be paid the greater of two hours or the actual time worked on the callback assignment at their overtime rate. (2) Travel time is included in the calculation of callback hours. (3) Exempt employees are not eligible for callback compensation. (d) Acting status pay. Employees who are temporarily reassigned to perform the duties of a higher classification may receive a compensation increase for the duration of the temporary assignment. The appropriate increase shall be recommended by the human resources manager but at no time should be less than the minimum pay range for the temporary assignment classification. (e) Supplemental allowance. Employees who use their own personal property which management has determined as essential to the job duties will receive allowances for such as approved in the annual budget each fiscal year. (f) Final pay. Upon the end of employment, employees will be paid at their base rate for accrued vacation leave hours up to a maximum of 240 hours. Employees with less than six months active fulltime service or employees within their initial hire probationary period are not eligible for pay-out of any accrued vacation or sick leave time. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 29 of 58 (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-232. - Compensation plan. (a) Pay plan. The city will maintain a classification and pay plan, including a complete inventory of all positions in the city's service and an accurate description and specification for each grade of employment. The plan will standardize titles, each of which is indicative of a definite range of duties and responsibilities and has the same meaning throughout assigned departments. The classification and pay plan will be designed to provide equal pay for equal work and to provide a pay range for each grade of positions which will enable the city to recruit and retain qualified employees as well as compete in the job market with other public employers. (b) Administration. The primary responsibility for the day-to-day administration of the classification and pay plan rests with the department of operations, as follows: (1) The human resources manager is charged with the maintenance of the classification and pay plan and its administration so that it will reflect the duties performed by each employe e and the grade to which each position is allocated. (2) It is the responsibility of the human resources manager to: a. Examine the nature of the positions as they are created and to allocate them to an existing grade in conformity with this section; b. Make such changes as are necessary in the duties and responsibilities of existing positions; c. Develop forms; d. Provide vital information when deemed necessary to determine the proper grade classification of each position; e. Periodically review the entire classification and pay plan; and f. Recommend appropriate changes in the plan. (3) The human resources manager will facilitate the requests for newly authorized positions or changes in duties of an existing position change. The department director must submit a position review request to human resources. The human resources manager will investigate the actual or suggested duties and make a report to the director of operations for approval. (c) Use of the classification and pay plan. The pay plan is to be used: (1) As a guide in recruiting and evaluating candidates for employment; (2) In determining lines of promotion and in developing employee training programs; (3) In determining salary to be paid for various types of work; (4) In providing uniform job terminology understandable to all city officials and employees and by the public; (5) The official job title represented on the classification and pay plan should be used in all PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 30 of 58 personnel, accounting, budget, appropriation, and financial records. No person will be appointed to or employed in a position in the city service under a title not included in the classification and pay plan, except in those emergency situations where an employee may be identified as an unclassified employee for a finite period of time; (6) Other job titles may be used in the course of departmental routine to indicate authority, status in the organization and administrative rank. (7) It should be general practice for newly hired employees to be hired at the minimum pay rate of the applicable grade for the position. The city recognizes that in some instances it may be necessary to hire employees above the minimum pay rate of the applicable grade for the position. Department directors shall have the latitude to hire personnel without other approvals up to the midpoint of the position as long as the budget is available to do so. Salary offers beyond the midpoint must be approved by the city treasurer and city manager. (d) Maintenance of pay ranges. The director of operations may make or cause to be made such comparative studies as they deem necessary of the factors affecting the level of salary ranges prior to the preparation of the annual budget as well as at other times during the year. On the basis of information derived from such studies, the director of operations may make recommendations to the city manager for changes in salary ranges as deemed necessary to maintain the fairness, adequacy, and competitiveness of the overall salary structure. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-233. - Changes in salary. (a) Performance reviews. As outlined in article II of this chapter, regular employees will receive an annual performance review the first month of each fiscal year, evaluating performance for the previous 12 months. (b) Salary increases for performance. Subject to annual budget appropriation, each department will be allocated a pool of merit dollars to be distributed by percent based on a formula derived from the performance evaluation results. Increases to salary based on the performance as noted in the review will be effective the first day of the fiscal year. The city manager reserves the right to make additional pay adjustments as necessary for business operations. (c) Salary changes due to promotions. The pay for employees receiving a promotion will be the greater of either the minimum of the pay grade of the promoted position or a five percent increase. (d) Salary changes due to reclassification. The pay for an employee whose position is reclassified to a higher pay grade will be upon the recommendation of the department director but at least the minimum of the higher position. The pay for an employee whose position has been reclassified to the same or lower pay grade will not change. (e) Salary changes due to demotion. The pay changes for employees receiving a demotion will be as follows: (1) Demotions based on performance. An employee who receives a demotion based on poor performance will receive a salary adjustment comparable to the current percent of pay within the current pay grade. For example, if the salary of an employee before demotion is 35 percent of the position pay grade, then their salary upon demotion will be 35 percent of the pay grade in which PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 31 of 58 they are demoted to. (2) Voluntary demotions (not performance based). The salary of an employee who voluntarily demotes to a position in a lower pay grade based on a personal decision to do so will be determined upon the recommendation of the department director. (3) Involuntary demotions (not performance based). The salary of an employee who has been involuntarily demoted due to business needs and not based on performance will not experience any change in pay. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-234—38-252. - Reserved. DIVISION 3. - EMPLOYEE BENEFITS; TYPES OF LEAVE Sec. 38-253. - Policy statement. Sec. 38-254. - Overview of requirements and restrictions. Sec. 38-255. - Vacation leave. Sec. 38-256. - Sick leave. Sec. 38-257. - Other types of leave. Sec. 38-258. - Holidays. Secs. 38-259—38-277. - Reserved. Sec. 38-253. - Policy statement. The city believes that employees should have the opportunity to enjoy time away from work to help balance their work and personal lives. City management recognizes that employees have diverse needs for time off from work. Because of this, the city has established leave practices to address the balance as well as to protect the financial well being of employees during certain absences from work. Employees are accountable and reasonable for managing their own leave balances to allow for adequate reserves if there is a need to cover unanticipated events requiring time away from work. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-254. - Overview of requirements and restrictions. (a) Generally. Except as provided otherwise in this chapter, the following apply to all paid leave benefits: (1) Approval of leave is subject to operational requirements of the department and any request for paid leave may be denied or rescheduled due to staffing needs; (2) Paid leave cannot be advanced; (3) All requests for leave must be submitted in writing using the leave request form with as much notice as possible; PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 32 of 58 (4) Employees who are rehired start a new active service period for leave accrual purposes; (5) Except for military leave, an employee in an unpaid leave status will not accrue vacation or sick leave hours. This will not, however, constitute a break in service for accrual rate purposes; (6) Nonexempt employees shall record paid leave in quarter-hour increments; and (7) Exempt employees shall record paid leave in whole-day increments. (b) Unpaid leave status. Unpaid leave will not be denied under normal circumstances. All requests for leave without pay must be approved by the director of operations. Vacation and sick leave will not be accrued during leave without pay status. Please note that while an employee is on a leave of absence without application, there is no job protection by the city. Employees m ay continue, at their expense, their group health insurance coverage while on a leave of absence without pay. In order to continue coverage, the employee must contact the department of operations to arrange for documentation and payment of premiums. The exceptions to these provisions are leave granted as family medical leave and military leave as specified later in this article. (c) Mandatory leave. For internal control purposes, employees who hold positions in finance, information technology, or in other departments where they may have financial responsibilities, such as accounts payable, revenue collection, etc.) will be required to take a minimum of five consecutive vacation days per year. In addition, an alternate employee must be trained to perform those functions during the absence of the vacationing employee. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-255. - Vacation leave. (a) Eligibility. It is the city's policy to provide paid vacation for eligible employees. Employees are not entitled to "cash out" accrued leave outside the end of the employment process. Vacation leave is accrued and granted to: (1) Regular fulltime, police and fire shift employees, and regular parttime employees; (2) Eligible employees while on authorized paid vacation leave will continue to accrue vacation leave hours; (3) Eligible employees can take leave immediately once hours have been accrued and approved by department management; (4) Pay for vacation leave shall be at the employee's regular rate of pay in effect for the employee's regular job on the pay date immediately preceding the employee's vacation period. (b) Accrual rate. (1) All eligible employees hired December 1, 2006, through June 30, 2007, will receive credit for years of experience based on relevant previous employment, retroactive back to the date of hire. For these purposes, the term "years of service" means any job-related experience that is directly related to the employee's job description (2) Employees hired after June 30, 2007, will accrue vacation hours based on their hire date with the city. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 33 of 58 (3) All eligible employees accrue vacation leave hours on the following basis: the accrual rate increases on the first day of the pay period that includes the employees' anniversary date. Years of Service Hours Per Biweekly Pay Period Hours/Year Days/Year Regular Fulltime Employees Up to 1 year 3.7 96 12 1—4 years 5.54 144 18 5—9 years 6.46 168 21 10—14 years 7.4 192 24 15 or more 9.23 240 30 Regular Parttime Employees Up to 1 year 1.85 48 6 1—4 years 2.77 72 9 5—9 years 3.23 84 10.5 10—14 years 3.7 96 12 15 or more 4.6 120 15 Fire Shift Employees Up to 1 year 11.08 288 12 1—4 years 16.62 432 18 5—9 years 19.38 504 21 10—14 years 14.77 384 24 15 or more 27.69 720 30 Police Shift Employees Up to 1 year 5.54 144 12 1—4 years 8.31 216 18 5—9 years 9.69 252 21 10—14 years 11.08 288 24 15 or more 13.85 360 30 (c) Use and scheduling. (1) Whenever possible, employees will be allowed to take vacation at times most convenient to them. However, in order to ensure the continued smooth operation and maintain a high level of quality in the delivery of service to the citizens of the city, the city reserves the right to limit the number of employees that may be absent from a given department at any one time. Where there is a conflict in the vacation choices of two or more employees who cannot be spared at the time, the department management will determine who will take leave; (2) When a holiday occurs during the period an employee is on authorized vacation leave with pay, vacation shall not be charged for the holiday; PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 34 of 58 (3) Eligible employees will be allowed to carry over vacation hours from one calendar year to the next according the following table. On December 31 of each year, the employee's vacation leave credits will be totaled and any hours in excess of the applicable carry over will be forfeited. Maximum Vacation Hours Carry Over Per Year Re gu lar full ti m e e m pl oy ee s 240 Re gu lar pa rtti m e e m pl oy ee s 120 Fir e shi ft e m pl oy ee s 318 Po lic e shi ft e 252 PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 35 of 58 m pl oy ee s (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-256. - Sick leave. (a) Eligibility. It is the city's policy to provide sick leave with pay for eligible employees. Sick leave is a privilege and may be used only when an employee or member of an employee's family is incapacitated due to personal illness or injury or has a medical/dental appointment. Employees are not entitled to "cash out" accrued leave outside of the end of the employment process. Sick leave is accrued and granted to: (1) Regular fulltime, police and fire shift employees, and regular parttime employees; (2) Eligible employees while on authorized paid sick leave will continue to accrue vacation leave hours; (3) Eligible employees can take leave immediately once hours have been accrued and approved by department management; (4) Pay for sick leave shall be at the employee's regular rate of pay in effect for the employee's regular job on the pay date immediately preceding the employee's sick leave period. (b) Accrual rate. (1) All eligible employees will accrue sick leave hours per pay period based on the type of employee. The accrual will begin immediately upon hire. Years of Service Hours Per Bi-weekly Pay Period Hours/Year Days/Year Regular fulltime employees 2 52 6.5 Regular parttime employees 1 26 6.5 Fire shift employees 6 156 6.5 Police shift employees 3 78 6.5 (2) Eligible employees will be allowed to carry over sick hours from one calendar year to the next according the following table. On December 31 of each year, the employee's sick leave credits will be totaled and any hours in excess of the applicable carry over will be forfeited. Maximum Sick Leave Hours Carry Over PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 36 of 58 Per Year Re gu lar full ti m e e m pl oy ee s 40 Re gu lar pa rtti m e e m pl oy ee s 20 Fir e shi ft e m pl oy ee s 53 Po lic e shi ft e m pl oy ee s 42 PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 37 of 58 (c) Use. Sick leave may be used for appointments for medical or dental examinations or treatment when such appointments cannot be reasonably scheduled during nonworking hours. Examination appointments must be approved at least one work day in advance, by the department. Sick leave can also be used for unplanned sick absences. In unplanned circumstances, an employee should make every attempt to report to their supervisor within 30 minutes of the scheduled starting time the reason for absence. Police officers must report sick leave at least four hours and firefighters at least two hours in advance of the scheduled shift starting time. An employee who fails to so notify their supervisor may not be paid for the time taken prior to notification. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-257. - Other types of leave. (a) Bereavement. Employees may be granted as follows: (1) Employees may be granted up to four workdays of bereavement leave with pay upon the death of a member of the employee's immediate family. For bereavement purposes, the term "immediate family" means: a. Parent; b. Spouse; c. Child; d. Brother; e. Sister; f. Parent-in-law; g. Grandparents; h. Son-in-law; i. Daughter-in-law; j. Grandchild; k. Stepparents; and l. Stepchildren. (2) The three days will be based on the employee regularly assigned work day. Employees must request bereavement leave by contacting their supervisor prior to the leave period. (3) There is no accumulation of bereavement leave days and no payment upon separation from city employment. The three bereavement days do not have to be taken simultaneously. (b) Civil. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 38 of 58 (1) Jury duty. All regular fulltime employees selected for jury duty shall be entitled to receive civil leave with pay for the period of absence. An employee shall be entitled to all fees received as a juror. An employee may be required to present a statement from the court indicating jury service. (2) Official court attendance. All employees subpoenaed or ordered to attend court to appear as a witness or to testify in some official capacity on behalf of the city, state or federal government are entitled to leave with pay for such period as their court attendance may require. Any fees paid for such service may be retained by the employee. (3) Military. Employees are entitled to military leave in accordance with state and federal law. An employee going on military leave should present a copy of their official orders to the human resources manager and department management as soon as received or they may fill out a military leave verification form. (c) Family medical. The federal Family Medical Leave Act (FMLA) provides for a family and medical leave of absence. The term "family and medical leave absence" means an approved absence available to eligible employees for up to 12 weeks of paid or unpaid leave in any 12-month period under certain circumstances that are critical to the employee's health or the health of the employee's family. Provisions are as follows: (1) Eligibility. To be eligible for leave, an employee must have been working for the city for at least 12 months and must have worked at least 1,250 hours during the 12-month period prior to the request for leave. (2) Use. An eligible employee may elect to use accrued leave during family medical leave time. (3) Return to work. An eligible employee who takes leave for a purpose permitted by the FMLA will be entitled upon return from such leave to be restored to the same position of employment as held when the leave began, or to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. a. An exception to the employment restoration provisions of the policy may be made if the employee on leave is a salaried employee and is among the highest paid ten percent of the city's employees and restoring employment of the employee would result in substantial economic injury to the city. b. A doctor's release may be required if the employee is returning from a medical leave of three or more days. (4) Basic conditions of FMLA. a. The city will require medical certification from the health care provider to support a request for leave for any employee's own serious health condition, or to care for a seriously ill child, spouse, or parent for requested time that exceeds three days. b. For the employee's personal medical leave, the certification must state that the employee is unable to perform the functions of their position because of a serious health condition. c. For leave to care for a seriously ill child, spouse, or parent, the certification must state that the employee is needed to provide care. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 39 of 58 d. At its discretion, the city may require a second medical opinion, and periodic recertification at its own expense. If the first and second medical opinions differ, the city, at its own expense, may require the opinion of a third health care provider, approved by both the city and the employee. This third opinion is binding. e. If medically necessary for a serious health condition of the employee or their spouse, child, or parent, leave may be taken on an intermittent or reduced leave schedule. If leave is required on this basis, however, the city may require the employee to transfer temporarily to an alternative position that better accommodates recurring periods of absence or a parttime schedule; provided the position has equivalent pay and benefits. (5) Notification and reporting requirements. When the need for leave can be planned, such as the birth or placement of a child, or scheduled medical treatment, the employee must provide reasonable prior notice, and make efforts to schedule the leave to minimize disruption to city operations. In cases of illness, the employee will be required to report periodically on their leave status and intention to return to work. (6) Status of employee benefits during leave of absence. a. Any employees granted an approved leave of absence under this policy may continue their group insurance coverage by arranging to pay their portion of the premium contributions during the period of unpaid absence. b. Employees will be required to continue to pay their share of group health benefit costs during a period of leave under the law. c. An employee on leave will not lose any employment benefits accrued prior to the leave, unless a benefit is used by the employee during leave, such as accrued paid vacation. (7) Procedures. Employees must follow specific procedures to request a family or medical leave. These procedures are as follows: a. Complete the request for a family medical leave of absence form, available from the human resources manager. b. The form must be signed by the employee and submitted to his or her department management. The department will then submit the approved form to the department director. When possible, the form should be submitted by the employee 30 days in advance of the effective date of the leave. c. Employees requesting family and medical leaves of absence due to illness must complete a leave certification requirements form. d. The employee must submit a completed request for family and medical leave of absence and a leave policy form. e. To request leave for the care of a child, parent, or spouse with a serious health condition, the employee must provide certification from the health care provider who is treating the child, parent, or spouse, including: 1. The date on which the condition commenced; PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 40 of 58 2. The probable duration of the condition; 3. The appropriate medical facts regarding the condition; 4. An estimate of the time needed to care for the individual involved, including any recurring medical treatment; and 5. A statement that the condition warrants the health care provider's involvement. f. To request leave due to an employee's serious health condition, the employee must provide certification from the health care provider who is treating their own serious health condition with: 1. The date on which the condition commenced; 2. The probable duration of the condition; 3. The appropriate medical facts regarding the condition; and 4. A statement that the employee is unable to perform the functions of their position due to their condition. g. To request intermittent or a reduced leave schedule, the employee must provide the following additional information from the health care provider: 1. For leave for the employee, the employee must provide a statement of medical necessity for their intermittent or reduced leave, the expected duration of the schedule, a listing of the dates of their planned medical treatment and the duration of the treatment; and 2. For leave to care for a son, daughter, spouse or parent, the employee must provide a statement attesting to the necessity of intermittent or reduced leave for the employee to provide care or to assist in the person's recovery, and an estimate of the expected duration and schedule of their intermittent or reduced leave. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-258. - Holidays. (a) The city observes the following holidays: New Year's Day; Martin Luther King's Day; President's Day; Memorial Day; Independence Day; Labor Day; PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 41 of 58 Veterans Day; Thanksgiving Day; Day after Thanksgiving; Christmas Day; Floating holiday: assigned by city manager; Floating holiday: employee's birthday. (b) When a holiday falls on a Saturday, the preceding Friday shall be declared a holiday for city employees. When a holiday falls on a Sunday, the following Monday shall be declared a holiday for city employees. The birthday floating holiday must be taken within the same pay period as the employee's birthday. The city manager will designate their floating holiday on a year-by-year basis. (c) A nonexempt employee who is required to work on an official city holiday will be paid at the overtime rate for the holiday hours worked. An exempt employee who is required to work on an official city holiday can take the same number of hours off at a later time; however, no comp time shall be banked for time off purposes. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-259—38-277. - Reserved. DIVISION 4. - GROUP BENEFIT PLAN Sec. 38-278. - Policy statement. Sec. 38-279. - Administration; eligibility; continuation of benefits. Sec. 38-280. - Benefits offered. Secs. 38-281—38-299. - Reserved. Sec. 38-278. - Policy statement. (a) It is the city's policy to provide its employees with various insurance, retirement and educational assistance benefits. The benefits plan is designed to provide a supplemental package of programs which contribute to the physical and mental health and well being of the employee and their dependents. The plan is designed to enhance the attractiveness of working for the city and to aid the city's competitiveness in recruitment and retention efforts. (b) Brief summaries of benefits are highlighted in this division with an attachment in the appendix to the ordinance from which this article is derived detailing each benefit. While overall benefit changes will require approval of a new policy division, the appendix attachment is subject to change from year-to-year and the changes will be included as part of the annual budget approval process. (A copy of the appendix may be obtained from the department.) (Ord. No. 06-11-69, § 1, 11-30-2006) PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 42 of 58 Sec. 38-279. - Administration; eligibility; continuation of benefits. (a) Administration. The primary responsibility for the day-to-day administration of the benefits plan shall rest with the human resources manager within the limits of these policies and procedures. Availability of benefit packages, questions on benefits, and employee discuss ion regarding benefits can be obtained from the human resources manager. The director of operations serves as an alternate contact for this information when the human resources manager is not available. (b) Eligibility. (1) Eligibility for health insurance, death benefits, retirement benefits, and tuition reimbursement shall include regular fulltime, police and fire shift employees. (2) All employees, elected officials and police and fire volunteers shall be covered by worker's compensation and have access to the employee assistance program. (c) Benefits continuation. The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the city's health plan when a qualifying event would normally result in the loss of eligibility. Some common qualifying events are: (1) Resignation, termination of employment, or death of an employee. (2) A reduction in an employee's hours or a leave of absence. (3) An employee's divorce or legal separation. (4) Marriage or the birth or adoption of a child. (5) A dependent child no longer meeting eligibility requirements. Under COBRA, the employee or qualified beneficiary pays the full cost of coverage at the city's group rates plus an administrative fee established by the city. The human resources manager provides each eligible employee with a written notice describing rights granted under COBRA when the employee becomes eligible for coverage under the city's health insurance plan. The notice contains important information about the employee's rights and obligations. All COBRA payments are to b e coordinated through the department of operations. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-280. - Benefits offered. (a) Health insurance package. The city will provide health, dental and vision programs for all eligible employees. Dependent care coverage will be available to all eligible employees wishing to choose such a benefit at additional cost. (b) Death benefits. The city will offer life insurance coverage to all eligible employees. (c) Retirement benefits. The city will offer two retirement programs as follows: (1) Deferred compensation program. The city's deferred compensation program allows an employee to contribute to a 457 plan in order to plan for retirement on a tax-deferred basis. The employee will have the ability to direct their contribution into the investment choices offered by the PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 43 of 58 external defined contribution plan administrator. There will be a maximum contribution per year, set by the IRS and contributions made by the employee shall be vested immediately upon the employee's eligibility date for benefits and shall be portable based upon regulations defined in the city's plan document and guidelines defined by the Internal Revenue Service. (2) Defined benefit program. The city will offer a defined benefit (pension) program to all eligible employees. A base pension contribution will be paid by the city, with an additional contribution made by the employee as outlined in the plan document. There will also be a vesting period as defined in the plan document. (d) Tuition reimbursement. In order to encourage continuing education for employees, the city may offer tuition reimbursement to eligible employee, contingent upon funds availability. Reimbursable expenses include tuition, registration and application fees, books and other required fees. The cost of supplies, parking, gasoline, student activity cards, and other related items are excluded. (1) Application. The tuition reimbursement form must be completed and approved prior to the beginning of any educational activity in which an employee wishes to seek reimbursement. An employee who takes an approved course may be reimbursed 100 percent up to a maximum of $3,000.00 per calendar year of tuition costs; provided: a. Approval is received from the department manager and the director of operations prior to commencement of the course. b. The course is job-related or related to a position to which the employee can be promoted. c. The course has been successfully completed with a minimum grade of "C" at the undergraduate level and "B" at the graduate level. d. Funds for reimbursement are available in the department budget. (2) Reimbursement. Employees shall submit proof of tuition payment, other receipts eligible for reimbursement and a copy of their grades to the human resources manager within ten days after receiving their grades. The city reserves the right to recoup any reimbursement given within 90 days of the end of employment. (e) Worker's compensation. All employees and elected officials are covered under the city's worker's compensation policy. All workers' compensation claims must be managed by the human resources manager. An employee who is eligible for worker's compensation due to a job related injury, is entitled to 662/3 of their gross wages while they are disabled up to a maximum weekly compensation set by law. The first seven days of disability are not reimbursable unless the employee is disabled more than 14 days. (1) More than 14 days. If the employee is disabled more than 14 days, the first seven days are usually paid at the end of the disability period. An employee may use accrued leave to supplement worker's compensation payments. (2) Hazardous duty assignment. An employee determined injured in a hazardous duty assignment will be eligible to receive pay to supplement the worker's compensation benefits to a maximum of their full salary for a period not to exceed six months. This supplemental p ay will begin immediately upon the hazardous duty injury. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 44 of 58 (f) Employee assistance program (EAP). The city will provide a confidential counseling and referral service through professional providers to assist employees in resolving personal issues which may be affecting job performance, employee morale and quality of life by offering support and helping them achieve their goals. It is the city's intent for all employees and elected officials to have direct and confidential access to the EAP. Initial counseling/referral services will be free of charge to the employee and their dependents. Long-term services may become chargeable either to the employee or the employee's insurance. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-281—38-299. - Reserved. ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 1. - GENERALLY DIVISION 2. - DISCIPLINE DIVISION 3. - GRIEVANCES DIVISION 4. - WORKPLACE DISCRIMINATION AND HARASSMENT DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING DIVISION 1. - GENERALLY Sec. 38-300. - Policy statement. Sec. 38-301. - Standards for conduct. Sec. 38-302. - Attention/dereliction to duty. Sec. 38-303. - Competence, judgment and supervision. Sec. 38-304. - Health fitness. Sec. 38-305. - Absences and reporting. Sec. 38-306. - Response. Sec. 38-307. - Professional conduct. Sec. 38-308. - Other standards. Secs. 38-309—38-327. - Reserved. Sec. 38-300. - Policy statement. (a) All employees are expected to maintain acceptable standards of conduct, efficiency, and economy in the performance of their work. All employees are expected to maintain minimum standards of conduct both on and off duty in order to: (1) Promote impartial, objective and effective performance of their duties. (2) Avoid activities that are adverse to the city's interest or adversely affect the city's reputation. (3) Ensure safe and efficient operations. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 45 of 58 (4) Encourage a high degree of confidence in and support for city operations. (b) The following list of standards of employee conduct is not intended to be all inclusive of every type of conduct prohibited by city employees. Other standards of conduct are established throughout this chapter and other standards may be established and published by departments as operations deem necessary. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-301. - Standards for conduct. (a) Conformance to law. An employee shall obey and not engage in any conduct prohibited by the laws of the United States, the state, or any other state and political subdivision thereof. Conduct described by such laws may be cause for disciplinary action regardless of whether charges are filed or prosecuted. (b) Violation of rules. An employee shall not commit any act contrary to good order and discipline or constituting a violation of any of the provisions of the city's rules and regulations. (c) Ethics. All employees shall conform to the ethical standards of conduct as outlined in this Code. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-302. - Attention/dereliction to duty. (a) Attention. An employee shall remain awake, alert, observant and occupied with city business when on the job. Employees are expected to perform their job duties: (1) Timely, promptly and without undue delay; (2) Without unnecessary supervision; (3) Ensuring they are engaged productively at all times or as directed; (4) Demonstrating appropriate initiative and dependability in the quality, volume, and prioritization of job duties. (b) Insubordination. An employee shall adhere and execute any and all lawful orders of a supervisor, including those relayed from a supervisor through another employee. A lawful order is any order in keeping with the performance of any duty, issued either verbally or in writing by the department director or any other supervisor, direct or indirect. The term "insubordinate" means: (1) The willful disobedience of any order lawfully issued by a supervisor; or (2) Any mutinous, insolent, or abusive language or conduct toward a supervisor. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-303. - Competence, judgment and supervision. (a) Competence. An employee shall maintain sufficient competence to properly perform the assigned duties and responsibilities of the position. The employee's efforts shall be directed and coordinated in a manner that will tend to establish and maintain the highest standards of efficiency in carrying out the PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 46 of 58 city's functions and objectives. (b) Judgment. An employee shall exercise appropriate judgment relevant to the conduct and performance of duty. (c) Supervision. A supervisor shall, in accordance with department management expectation: (1) Demonstrate qualities of leadership necessary for the position; (2) Exercise appropriate supervision of subordinates and responsibilities; (3) Effectively plan, develop, and coordinate supervision and training of subordinates; (4) Observe and appropriately counsel subordinates; (5) Take appropriate action when a subordinate fails to perform; and (6) Properly account for all funds and property under their control (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-304. - Health fitness. (a) Fitness for duty. An employee must be physically and mentally fit to perform essential job functions. (b) Evaluation for fitness. When it is suspected that the physical or mental impairment of an employee constitutes a hazard to individuals or property or may prevent the employee from effectively performing the essential job functions of the position, the employee may be required to submit to an evaluation of health fitness for duty and undergo a program of treatment. All such testing shall be coordinated by the human resources manager. (c) Periodic evaluation. An employee may be required to take periodic examinations and undergo a program of treatment to qualify for continued employment. (d) Disclosure required. An employee who becomes aware of a physical or mental impairment that may affect his or her ability to perform essential job functions shall report the condition immediately to the department director. (e) Status during evaluation. Pending completion of the health fitness evaluation, the employee may be: (1) Required to use accrued leave; (2) Placed in an unpaid leave status; or (3) Temporarily reassigned. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-305. - Absences and reporting. (a) Unauthorized absence. No employee shall be absent without authorization. The term PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 47 of 58 "unauthorized absence" includes: (1) The failure to report for work at the assigned time and place; or (2) Leaving a place of duty or assignment without permission. (b) Reporting for work. An employee shall report to work physically and mentally fit at the time and place specified by the supervisor and remain physically and mentally fit throughout the work day. (c) Reporting absence. An employee who cannot report to work due to illness or emergency shall notify the immediate supervisor within the time limits established by the department director. (d) Fictitious reporting. Employees are responsible for immediately reporting the suspected violation of this policy. Employees are responsible for immediately reporting to their department director in writing any arrest or complaint filed against them. Reports submitted by employe es shall be truthful and without attempt to deceive any supervisor or official of the city. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-306. - Response. (a) Responding to calls for service. No employee shall fail to timely respond to official calls for service, dispatched calls, notices of assignment, or any other method of direction to perform. (b) Requests for assistance. When the public requests assistance or advice or mak es complaints or reports, the employee shall gather all information in an official and courteous manner and shall judiciously act upon the situation consistent with prescribed procedures. (c) Personal appearance. All employees must maintain a neat and well groomed appearance, wearing any uniform or other apparel in accordance with the city's dress code outlined in the appendix to the ordinance from which this article is derived (a copy of which may be obtained from the department). (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-307. - Professional conduct. (a) Courtesy. Employees shall be courteous to the public and fellow employees. An employee's conduct should always be civil, orderly, and courteous. Employees shall be diplomatic and tactful, controlling their temper and exercise patience and discretion in all situations. Employees should refrain from using coarse, violent, profane or insolent language. (b) Conduct unbecoming or prejudicial to good order. An employee's conduct at all times, both on and off the job, shall reflect favorably on the employee and the city. The term "unbecoming conduct" includes acts that tend to: (1) Bring the city into disrepute; (2) Discredit the employee; or (3) Impair the operation of the city or employee. (c) Unprofessional conduct. An employee shall at all times refrain from voicing or displaying any PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 48 of 58 discriminatory attitude or prejudice concerning personal characteristics of another person. (d) Immoral conduct. An employee shall at all times maintain high standards of moral conduct in their personal affairs and shall not be a participant in any incident involving moral corruption that may impair the employee's ability to perform as a city employee or cause the city to be brought into disrepute. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-308. - Other standards. (a) Identification. An employee must furnish their name, job title, and department name to any person requesting that information as a result of actions taken by the employee in the course of city business. Employees will be required to obtain an official, city-issued identification and have it available for inspection during business hours. (b) Examinations and/or tests. Upon order of the department director for matters related to duty performance and investigations authorized by law, an employee shall submit to any medical, chemical, drug, alcohol, ballistics, or other test, polygraph, fingerprinting, or counseling program, and shall sign any related authorization forms. (c) Horseplay/rough play. No employee shall engage in horseplay or rough play while on the job or in any city facility. Injuries as a result of horseplay/rough play are not considered within the scope of employment and may not be covered under worker's compensation. (d) Fighting. An employee shall not engage in unnecessary violence or harassment toward any person, except where authorized by law, even in the event of provocation. (e) Firearms and lethal weapons. Except for employees commissioned by the city as police officers, city employees are prohibited from possessing firearms while on duty or in any city facility or vehicle, regardless of whether the employee possesses a firearms license. (f) Fraudulent employment. No employee shall procure or maintain employment in the city by means of willful misrepresentation or omission of any fact concerning the employee's personal history, qualifications for employment or physical condition. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-309—38-327. - Reserved. DIVISION 2. - DISCIPLINE Sec. 38-328. - Policy statement. Sec. 38-329. - Disciplinary actions. Secs. 38-330—38-348. - Reserved. Sec. 38-328. - Policy statement. (a) The city believes that each employee wants to provide quality public service by meeting high PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 49 of 58 standards of job performance and conduct and by following established policies, procedures, regulations, and practices. (b) The primary purpose of disciplinary action is to correct or prevent the recurrence of employee performance or conduct that is detrimental to quality job performance or the interest of the citizenry, the employee, the city or other employees. The city's discipline policies emphasize the employee's responsibility for the consequences of their own behavior with a focus on communicating expectations for changes in behavior and needed improvement. (c) When an employee's conduct results in deficiencies in job performance or violations of law, city regulations or rules, it is the city's policy to take appropriate action to impro ve and correct the conduct or performance or, if necessary, remove the employee from the city workforces through application of the standardized disciplinary options and procedures in this chapter. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-329. - Disciplinary actions. (a) Level of discipline. Disciplinary action will be consistent with the nature of the deficiency or infraction involved and with other relevant factors. In reaching a decision as to the level of discipline to be applied, the supervisor should consider such factors as: (1) Type and severity of the infraction; (2) The results of the infraction; (3) The employee's work record; (4) Prior disciplinary actions; and (5) Any mitigating circumstances which may be relevant to the situation. (b) Format and location of actions. All disciplinary action should be documented in writing. Disciplinary actions will be maintained as noted in the discipline options table contained in subsection (e) of this section. All appeals by employees must be in writing. All responses to and decisions on appeals must be in writing. (c) Progressive discipline. While it is expected that disciplinary action options be exercised progressively, the nature of the deficiency or violation in any particular situation may preclude the exercise of a less severe discipline option. (d) Suspension of exempt employees. Except in the case of a major safety violation, any suspension of an exempt employee must be made in full week increments only. Major safety violation suspensions may be made in full day increments. ..... (e) Disciplinary options. Step Use Response/Appeal PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 50 of 58 Counseling An informal discussion between a supervisor and employee about the need to improve minor performance problems or as a reminder about violation of a minor rule that does not threaten the safety or the employee or others, or that does not involve honesty. Documents kept in the department. No appeal. Oral reprimand An oral warning/instructi on from the supervisor to the employee about the need to improve performance deficiencies or about violation of a rule that does not threaten the safety or the employee or others, or that does not involve honesty. Documents kept in the department. No appeal. Written reprimand A written warning/admoni shment from the Employee has five days to appeal to the department director. Final decision rests with the department director. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 51 of 58 supervisor to the employee about the need to improve performance or about a rule violation. Documents kept in human resources. Suspension Relief from duty for a specified amount of time. Requires coordination with human resources and the city attorney. Documents kept in the department. Employee has five days to appeal to the department director. After the department director's decision, the employee has five day to appeal to the city manager. The final decision rests with the city manager. Demotion Reduction in rank or classification consistent with deficiency of the violation. This is not an option for probationary employees. Requires coordination with human resources and the city attorney. Documents kept in the department. Employee has five days to appeal to the department director. After the department director's decision, the employee has five day to appeal to the city manager. The final decision rests with the city manager. Dismissal Involuntary separation of employee from city Employee has five days to appeal to the department director. After the department director's decision, the employee has five day to appeal to the city manager. The final decision rests with the city manager. Probationary employees do not have appeal rights to PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 52 of 58 employment. Requires coordination with human resources and the city attorney. Documents kept in the department. dismissal. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-330—38-348. - Reserved. ..... DIVISION 3. - GRIEVANCES Sec. 38-349. - Policy statement. Sec. 38-350. - Scope of process; statement information. Sec. 38-351. - Steps. Secs. 38-352—38-370. - Reserved. Sec. 38-349. - Policy statement. (a) The city is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, or question receives a timely response. The city strives to ensure fair and honest treatment of all employees. Supervisors, managers, and employees are expected to treat each other with mutual respect and are encouraged to offer positive and constructive criticism. (b) If employees disagree with established rules of conduct, policies, or practice, they may express their concern through a grievance process. No employee shall be penalized, formally or informally, for voicing a complaint in a reasonable, professional manner using the grievance process. While a formal grievance process is in place, employees are encouraged to first informally discuss any issue with their immediate supervisor, department or city management. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-350. - Scope of process; statement information. (a) Scope. The grievance procedure provides an avenue for any eligible employee to obtain management review of work-related issues that are felt to adversely affect the employee, for which no PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 53 of 58 other means of response, review, appeal or resolution for is provided in this chapter. Grounds for submission of a grievance include: (1) Dissatisfaction with working environment; (2) Unfair application, interpretation or violation of city or department regulations; and (3) Acts of retaliation as a result of utilization of the grievance process. (b) Statement of grievance. At each step in the process, the written grievance must include the following: (1) A statement of the grievance and the facts upon which it is based; (2) A description of the specific wrongful act and harm done to the grieving employee; and (3) A statement of the remedy or adjustment sought. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-351. - Steps. (a) Step one: Department director. The employee should first seek to resolve the issue informally. If unable to do so, the employee should file a written grievance to the human resources manager and the department director within five working days of the incident or when the employee bec ame knowledgeable of the incident. The department director will attempt to resolve the matter and submit a written response to the employee within five working days after receipt. (b) Step two: City manager. If the department director is unable to resolve the grievance or the response is unacceptable to the employee, the employee must, within five working days of receiving the response, present the written grievance to the city manager. Within ten days of receipt of the grievance, the city manager or his or her designee will investigate the grievance and respond in writing to the employee. The city manager's decision is final. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-352—38-370. - Reserved. DIVISION 4. - WORKPLACE DISCRIMINATION AND HARASSMENT Sec. 38-371. - Policy statement. Sec. 38-372. - Sexual harassment. Secs. 38-373—38-391. - Reserved. Sec. 38-371. - Policy statement. It is the city's policy that harassment and discrimination of any kind will not be tolerated and complainants will be protected from reprisal. Employees and nonemployees are encouraged to come PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 54 of 58 forward confidentially to discuss any situation that they deem inappropriate. The city expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation, national origin, age, disability, or veteran status. Improper interference with the ability of city employees to perform their expected job duties is absolutely not tolerated. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-372. - Sexual harassment. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Hostile environment includes any lewd sexual conduct, pictures, words, or touching that interferes with a person's job performance or creates an intimidating, offensive working or public service environment even if there are no occurrences of tangible or economic loss. Other unlawful harassment, according to the EEOC, means verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, gender, national origin, age, sexual preference or disability, or that of his or her relatives, friends, or employees, and that: (1) Has the purpose or effect of creating an intimidating, hostile, or offensive working environment; (2) Has the purpose or effect of unreasonably interfering with an individual's work performance; or (3) Otherwise adversely affects an individual's employment opportunities. Prohibited behavior includes: (1) Unwelcome sexual remarks or compliments; (2) Sexual jokes; (3) Sexual innuendo or propositions; (4) Sexually suggestive gestures or facial expressions; (5) Sexual remarks about a person's clothing or body; (6) Exhibiting sexually explicit publications or materials; (7) Kissing; (8) Touching; and (9) Sexual contact. Quid pro quo literally means "this for that" and exists when submission to, or rejection of, such conduct is used as a basis for employment decisions such as raises or promotions or affects public services. PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 55 of 58 Sexual harassment, according to the Equal Employment Opportunity Commission (EEOC), means unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) Submission to or rejection of such conduct by an individual is used as the basis for an employment decision; and (3) Such conduct has the purpose or effect to interfere with an individual's work performance or creates a hostile or intimidating environment. (b) Complaint procedure and investigation. (1) If any person feels this policy has been violated, regardless of whether it is by a fellow worker, a supervisor, or a member of the general public, you should report the incident immediately to their department director and the human resources manager. If the human resources manager is involved in the behavior, the report should be made to the director of operations. Any supervisor who receives a complaint related to harassing or offensive behavior or who has reason to believe that such behavior is occurring shall report these concerns to the human resources manager or to the director of operations. (2) All reports of harassing or offensive behavior will be investigated promptly, fairly and discreetly. Investigatory procedures may vary from case to case depending upon the circumstances. The investigation will be conducted as confidentially as possible. All employees have a responsibility both to cooperate fully with the investigation and to keep the matter confidential whether the employee is the accused person, the complainant or merely a potential witness. Persons who are interviewed are prohibited from discussing the matter with co-workers, friends or management. The city will keep the information it gathers as confidential as possible, consistent with state and federal laws and the needs of the investigation. (c) Corrective action. (1) If management concludes that a complaint of harassment has merit, appropriate action will be taken. Resolutions can include, but are not limited to: a. An apology; b. Transfer; c. Direction to stop the offensive behavior; d. Counseling or training; e. Verbal or written warning; f. Suspension with or without pay; or g. Termination. (2) In the event that harassment or offensive behavior reoccurs, it should immediately be PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 56 of 58 reported to the human resources manager or to the director of operations. (3) Employees may be subject to disciplinary action up to and including termination. (4) Nonemployees may be reported to the appropriate law enforcement agency and barred from the premises. (Ord. No. 06-11-69, § 1, 11-30-2006) Secs. 38-373—38-391. - Reserved. DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Sec. 38-392. - Policy statement. Sec. 38-393. - Application. Sec. 38-394. - Violation. Sec. 38-395. - Refusal to submit. Sec. 38-396. - Prescription medication. Sec. 38-392. - Policy statement. (a) The city, as a condition of consideration for initial and continued employment, prohibits employees from reporting to work or performing their duties with any unlawful drug or alcohol in their systems. (b) Employees are also prohibited from using, possessing, manufacturing, distributing, or making arrangements to distribute unlawful drugs or alcohol while: (1) At work; (2) Off-site at training or meetings; (3) On city or customer property, including in personal vehicles onsite; (4) During lunch or breaks; or (5) In city vehicles. (c) Further, the city prohibits all unlawful drug use, possession, or distribution, whether on or off duty. If possession of an illegible substance is necessary in the course of a police investigation, the public safety director may grant a waiver to this policy for a finite period of time. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-393. - Application. (a) To enforce the policy stated in section 38-392, the city may, at any time where lawful, require as a condition of employment and continued employment, any employee to submit to a physical examination or urine, breath, blood or other type of test to determine the presence of drugs or alcohol in his or her system. The possible occasions for drug and alcohol testing include, but are not limited to: PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 57 of 58 (1) When the city has a reasonable suspicion that an employee has violated the drug and alcohol policy; (2) When an employee suffers an on-the-job reportable injury or is involved in an accident; (3) When an employee seeks a transfer or promotion, or returns from a suspension or a leave of absence; or (4) As part of any random program of testing which the city may implement. (b) The city may conduct alcohol testing where the city has reasonable suspicion that the employee has violated the drug or alcohol policy, including accidents suggesting carelessness, disregard of safety rules or other conduct indicating possible violation of the drug and alcohol policy. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-394. - Violation. Violation of these rules will result in a disciplinary action, including the immediate discharge of current employees or disqualification of an applicant. Violations include, but are not limited to: (1) A test indicating being under the influence of alcohol or the presence of unlawfully used drugs in an employee's system; (2) Refusal to cooperate with the city in any test, search or investigation, or failure to execute any paperwork or consent forms necessary for examinations or tests; (3) Possession of, distribution of, or consumption of unlawful or abused drugs, unauthorized alcohol, or drug paraphernalia; (4) Tampering with or adulterating a test sample; or (5) Unlawful conduct on or off duty. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-395. - Refusal to submit. Employees who refuse to submit to a test or test positive for alcohol or unlawful drugs may be disqualified for unemployment compensation benefits. Employees who refuse to submit to a test, or test positive for alcohol or unlawful drugs following a workplace injury may be disqualified for workers compensation benefits. (Ord. No. 06-11-69, § 1, 11-30-2006) Sec. 38-396. - Prescription medication. (a) Although the proper use of medication is not prohibited, employees should consult with their supervisor when he or she is legitimately taking medication that he or she has reason to believe may affect safety or performance. (b) Any prescription medication brought onto city or customer property or taken aboard city vehicles must be retained in its original container labeled with the names of the employee and the prescribing PART II - CODE OF ORDINANCES Chapter 38 - PERSONNEL ARTICLE IV. - EMPLOYEE RELATIONS DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING Milton, Georgia, Code of Ordinances Page 58 of 58 physician. (c) No employee may take another person's medication. (d) The law treats the abuse of prescription medication as unlawful drug use. (Ord. No. 06-11-69, § 1, 11-30-2006) STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO RATIFY AND CONVERT TO ORDINANCE FROM A PRIOR RESOLUTION OF THE COUNCIL REGARDING A PREPAID WIRLESS 9-1-1 WIRELESS CHARGE THE COUNCIL OF THE CITY OF MILTON HERE BY ORDAINS while in a regularly called council meeting on December 5, 2011 at 6:00 p.m. as follows: SECTION 1. That the Resolution Adopting a Prepaid Wireless 9-1-1 Charge, Resolution No. 11-08-185, (hereinafter “Resolution”) a true and correct copy of which is attached hereto as Exhibit A and incorporated herein as if set forth verbatim, is hereby ratified, and; SECTION 2. That said Resolution shall hereinafter be considered an Ordinance of the City of Milton, Georgia. SECTION 3. That this Prepaid Wireless 9-1-1 Charge shall be codified in the City of Milton Code of Ordinances at Part II, Chapter 18 – Emergency Management Services, Article III – 911 Emergency Telephone Service, Section 18-49. SECTION 4. The fees related to this Prepaid Wireless 9-1-1 Charge shall be inserted into and become a part of the City of Milton Code of Ordinances at Part II, Appendix A, Fees and Other Charges. SECTION 5. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 6. That this Ordinance shall become effective upon its adoption. ORDAINED this the 5th day of December, 2011. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. 11-08-185 COUNTY OF FULTON A RESOLUTION BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA ADOPTING A PREPAID WIRELESS 9-1-1 CHARGE. WHEREAS, O.C.G.A. § 36-35-3(a) authorizes the governing authority of the City to adopt clearly reasonable ordinances, resolutions and regulations; WHEREAS, O.C.G.A. § 46-5-134.2(b) and 0), as amended by Act No. 187, Georgia Laws 2011, authorizes municipalities operating a 9-1-1 public safety answering point to impose by resolution a prepaid wireless 9-1-1 charge in the amount of 75 cents per retail transaction; WHEREAS, O.C.G.A. § 46-5-134.2 provides that such charges shall be collected by sellers of prepaid wireless telecommunications services, remitted to the State Revenue Commissioner, and then distributed to local governments that adopt a resolution or ordinance pursuant to O.C.G.A. § 46-5-134.2(b) and 0); WHEREAS, the City operates a 9-1-1 public safety answering point; and WHEREAS, the governing authority thus desires to impose a prepaid wireless 9-1-1 charge in the amount of 75 cents per retail transaction. NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Milton, Georgia does hereby levy and impose a prepaid wireless 9-1-1 charge in the amount of 75 cents per retail transaction as authorized by O.C.G.A. § 46-5-134.2 (b) and j. Such charge shall be collected by sellers, as defined in O.C.G.A. § 46-5-134.2 (a) (8), and remitted to the State Revenue Commissioner in conformance with O.C.G.A. § 46-5-134.2. Funds received by the City from charges imposed by this Resolution shall be deposited in the Emergency Telephone System Fund maintained by the City pursuant to O.C.G.A. § 46-5-134 and kept separate from general revenue of the City, all such funds to be used exclusively for the purposes authorized by O.C.G.A. § 46-5-134 (e) and (f); and BE IT FURTHER RESOLVED, That the City Clerk is hereby directed to file with the State Revenue Commissioner a certified copy of this Resolution, in accordance with O.C.G.A. § 46-5-134.2 0) (1), within ten (10) days of enactment of this Resolution. This Resolution shall become effective on January 1, 2012. ORDAINED this 1 st day of August, 2011. Attest: Sudie AM Gordon, Ci Clerk Approved: Joe Lockwood ayor City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: November 3, 2011, Submitted for the November 21, 2011 City Council Regular Meeting for First Presentation. Agenda Item: Text Amendment to replace Appendix A, Fees and Other Charges of the City of Milton Code of Ordinances for new and updated fees CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment, Appendix A, Fees and Other Charges of the City of Milton Code of Ordinances replacing the existing text in its entirety. Background: Recently the City Council has approved a Media Production Permit, Brown Bagging Alcohol License and Prepaid Wireless 9-1-1 Charge, all of which require a permit or fee. Also, due to the changed population in the census, the City is now eligible to raise the business license fee for insurance companies to $100 per year. Discussion: Because of these recent changes staff has investigated reasonable amounts to charge as fees for each of these permits. The Media Production Permit has two types of fees. The low impact production fee is proposed at $100 and the high impact production fee is proposed at $250. This is similar to other special events fees in Milton and others in the state. In addition, there is a fee for any request received with less than the minimum processing time required. That fee is proposed at $100 per day less than the required amount for processing. These fees are for the permit only and any additional charges for Emergency personnel staffing or other city equipment, etc. will be charged on a time and materials basis by the affected department. The Brown Bagging Alcohol license is proposed at $200 for a full year license and $100 for a half year license. This is based on reasonable processing costs and in line with other alcohol licenses charged by the City of Milton. The Prepaid Wireless 9-1-1 Charge was originally adopted by resolution on August 1, 2011 and is being presented as an ordinance for adoption on December 5, 2011. This is a new fee of $0.75 per retail transaction that will be collected by the seller and remitted to the Department of Revenue effective January 1, 2012. These fees will be deposited into the E-911 Fund and used to offset the cost of the 911 service provided through an IGA with the City of Alpharetta. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 2 Changes to the insurance business license fee is based on the state allowed maximum charge per population. The 2010 Census revealed that the City now falls into a higher charging bracket and this change from $75 per license to $100 per license reflects that bracket. This change would affect approximately 50 licensees 90% of which are not local insurance companies or brokers. The ordinance has been reviewed in by City Staff and is in review with the City Attorney’s office. Attached is the proposed ordinance as recommended by all bodies. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to replace in its entirety Appendix A, Fees and Other Charges, of the City of Milton Code of Ordinances. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, FEES AND OTHER CHARGES, 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 December 5, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relating to Amending Appendix A, of the Milton City Code, as it relates to Fees and Other Charges, is hereby adopted and approved, replacing existing Appendix A 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 5th day of December, 2011. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) Section Description Amount(in dollars) 2-702 (c) Public Records Copying 25 cents/page 35 cents/page 50 cents/page 70 cents/page 2-702 (d)Copies of Plats $ 9.10/page $ 3.60/page $ 5.00/page 2-702 (d)Copies of CD $ 15.00 /each 4-26 (a)(1)Investigation and Administration $ 100 / each + $35 / person 4-26 (a)(1)Advertising Fee $200 /each 4-26 (a)(3)License Fee $650/year $650/year S1300/year $3200/year $4500/year $1000/year $400/year $400/year $800/year $3000/year $3800/year $200/year 4-26 (b)Prorated License Fee (one-half of full License fee after July 1) $325/year $325/year $650/year $1600/year $2250/year $500/year $200/year $200/year $400/year $1500/year $1900/year $100/year 4-26 (c) Late Fee 10% of delinquent balance Late Interest Fee 1% of delinquent balance each month 4-99 (h)License Transfer Fee to Transfer of Location Recommendation: charge $300 administrative fees to cover cost of advertising, review/approval of survey, and processing of application. 4-101 (a)License Renewal $ 100 application fee + $35/person + appropriate license fee (consumption on premises/package, etc) 4-101 (c) License Renewal Late Fee 10% of delinquent balance License Renewal Late Interest Fee 1% of delinquent balance each month 4-167 (c) Temporary License Fee Recommendation: $100 (similar to temp. pouring permit) 4-168 (a)Temporary Special Event License (Pouring Permit)$100.00 4-256 (f)(5)/4-536 (3)Managers and Employee Pouring Permit $20 background check + $15 admin fee 4-277 (j)Ancillary Wine Tasting License $50.00 annual permit fee 4-317 (2)Private Club License See Section 4-26 4-339 (c) Hotel-motel in-room Service Alcohol License See Sections 4-437 and 4-457 4-359 (a)Wholesaler License fee $400/year $400/year Package Additional Bar Wine, Malt Beverages and Distilled Spirits Distilled Spirits Malt Beverages 8(1/2)×11 Inches Black and White Malt Beverages Wine Consumption on Premises 24×34 Inches Wine and Malt Beverages Wine 24×30 Inches 48×32 Inches 11×17 Inches Color 11×17 Inches Black and White 8(1/2)×11 Inches Color Package Additional Bar Wine, Malt Beverages and Distilled Spirits Distilled Spirits Wine and Malt Beverages Malt Beverages Conditions Chapter 2--Administration Chapter 4--Alcoholic Beverages should a licensee make application to the city manager for a transfer of location and should such a transfer of a location be approved, with no change of ownership of the business Consumption on Premises Wine, Malt Beverages and Distilled Spirits Distilled Spirits Wine, Malt Beverages and Distilled Spirits Distilled Spirits Wine and Malt Beverages Malt Beverages Wine Wine Brown Bagging Brown Bagging Wine and Malt Beverages Malt Beverages For the private clubs who sell and dispense alcoholic A Temporary pouring permit may be issued to any person for a period not to exceed 10 days in any one year for an approved special event Wine Located Within the City Limits FEES AND OTHER CHARGES Section Description Amount(in dollars)Conditions $800/year $3,000/year $3,800/year $100/year $100/year $100/year $100/year $100/year 4-417 Excise Tax on all Beer and Malt Beverages produced by a brewpub Recommendation: 5 cent(s) per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4-417 Penalty for late excise tax payment on beer and malt beverages produced by brewpub not to exceed 10% of the tax otherwise due 4-437 Excise Tax on Package Sales of Distilled Spirits and Wine not exceed 22 cent(s) per liter of distilled spirits, and a proportionate tax at the same rate on all fractional parts of a liter 4-457 Excise Tax on Package Sales of Malt Beverages $6.00 on each container sold containing not more than 15 1/2 gallons and a proportionate tax at the same rate on all fractional parts of 15 1/2 gallons 5 cent(s) per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4-477 Excise Tax on Sales of Distilled Spirits by the Drink not exceed 3% of the charge to the public for the beverages 4-497 (b)Interest on Deficiency of Wholesale and Retail Tax 1% per month on the determined deficiency, or fraction thereof 4-497 (c) Penalty for Deficiency 25% of the deficiency 4-498 (b)Penalty for Failure to File a Return 25% of the amount required to be paid by the party 4-499 (a)Interest for Failure to Pay Tax 1% per month on the Outstanding Tax Obligation 4-499 (b)Penalty for Failure to pay Tax 15% of the Tax, or amount of the Tax and Interest 4-534 (6) a Penalty for sales to underage persons A Minimum Fine of $250.00 4-534 (6) b Penalty for sales to underage persons A Minimum Fine of $500.00 4-536 (9)Replacement Pouring Permit If within 30 days of original application, then fee is $7.50. If after 30 days of original application, then fee is $15.00 4-536 (14)Fees for Violation not to exceed the amount stated in state law 8-2 (a)Penalty A Fine up to the Maximum Amount provided for by the State Law 8-2 (b)Penalty no less than $150.00 for a second conviction, and no less than $300.00 for a third conviction 8-2 (c) Penalty no less than $500.00 for a second conviction, and no less than $750.00 for a third conviction 8-2 (d)Penalty no less than $1,000.00 Chapter 8 -- Animals Distilled Spirits Wine and Malt Beverages Wine Malt Beverages Wine and Malt Beverages Distilled Spirits Wine, Malt Beverages and Distilled Spirits If any person convicted of any violation of regulations concerning managers and employees If any person violates the provisions of animals If any person violates the provisions as it pertains to a potential dangerous dog If any person violates the provisions as it pertains to a dangerous dog If the owners of a dangerous or potentially dangerous dog fails to comply with related provision and his or her dog attacks or bites a human When Malt beverages are sold in or from a barrel or bulk container When Malt beverages are sold in bottles, cans, or other containers other than barrel or bulk containers Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required For the first offense For the second offense and subsequent violations within one year Container types For any Deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this article If the failure of any person to file a return is due to fraud or an intent to evade this article Located Outside of the City limits Wine, Malt Beverages and Distilled Spirits Section Description Amount(in dollars)Conditions 8-2 (e)Penalty on less than $5,000.00 8-7 (b)Dog/Cat Vaccination/License Tag Types of License Number of Years Standard Licensing Fees 1 year $25.00 3 year $60.00 1 year $10.00 3 year $25.00 Senior Discount (60+) 1 year $24.00 3 year $58.00 1 year $9.00 3 year $23.00 8-7 (d)Dog/Cat Replacement Vaccination/License Tag $2.00 8-8 (b)Special Permit (Kennels)$100.00/year 8-61 (d)Dangerous/Potentially Dangerous Dog Registration $100.00/year 8-61 (e)Additional Fees for Renewing Certificate of Registration $100.00/year 8-82 (e)(1)Impoundment (Vaccination)As established by Fulton County Animal Control 8-82 (e)(2)Impoundment (License)As established by Fulton County Animal Control 8-82 (e)(3)Impoundment Fee $35 8-82 (e)(4)Impoundment (Boarding)$10.00/day 10--2 Penalty Varies 10-86 (d)Building Permit Application $25 Administrative Fee + $50 Certificate of Occupancy 10-92 (b)Penalty for Work Commencing before Permit Issuance 100% of the usual permit fee in addition to the required permit fees 10-92 (d)Permit Fee Value calculation is based on ICC Building Valuation Data Published Annually as a minimum standard valuation $23.50 $23.50 for the first $500 plus $3.50 for each additional $100, or fraction thereof, to and including $2,000 $69.25 for the first $2,000 plus $14.00 for each additional $1,000, or fraction thereof, to and including $25,000 $391.75 for the first $25,000 plus $10.10 for each additional $1,000, or fraction thereof, to and including $50,000 $643.75 for the first $50,000 plus $7.00 for each additional $1,000, or fraction thereof, to and including $100,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000, or fraction thereof, to and including $500,000 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000, or fraction thereof, to and including $1,000,000 $5,608.75 for the first $1,000,000 plus $3.65 for each additional $1,000, or fraction thereof Chapter 10 Commercial Construction Permit Fees Includes all listed fees unless otherwise noted $50,001 to $100,000 $25,001 to $50,000 Chapter 10 -- Buildings and Buildings Regulation Type of Permit Unaltered Pet Spayed/Neutered Pet Unaltered Pet Spayed/Neutered Pet If any person violates a related provision, or fail to comply therewith, or with any of the requirements thereof $2,001 to $25,000 $501 to $2,000 $1,000,001 and up $500,001 to $1,000,000 $100,001 to $500,000 Permit Fees Based on Valuations $1 to $500 Total Valuation If the owners of a dangerous or potentially dangerous dog knowingly and willfully fails to comply with related provision and his or her dog attacks and causes severe injury to or the death of a human Section Description Amount(in dollars)Conditions $350 site $25 admin $50 CO Permit Fee Plan Review (50% of Permit Fee amount) $125 Fire Review (up to 5000 sq ft) $25 admin $50 CO Permit Fee Plan Review (50% of Permit Fee amount) $125 Fire Review (up to 5000 sq ft) $100 site $25 admin Permit Fee $350 site $25 admin Permit Fee Residential Construction Permit Fees $350 site $25 admin $50 CO Permit Fee $100 Plan Review (up to 5000 sq ft) $200 Plan Review (5001 to 10,000 sq ft) $350 Plan Review (10,001 sq ft and up) $25 Admin Permit Fee $100 Plan Review (up to 5000 sq ft) $200 Plan Review (5001 to 10,000 sq ft) $350 Plan Review (10,001 sq ft and up) $350 Site fee (house addition that extends out from original house frame) $350 site $25 admin Permit fee $350 site $25 admin Permit Fee $25 admin Permit Fee $25 admin $50 Permit Fee Flat fee total of $75 $100 site $25 admin Permit Fee $100 site $25 admin Permit Fee $25 admin $100 Permit Fee Other Fees Types of Permit Condition Re-Inspection Fire re-inspection $50 per re-inspection $100 per re-inspection Temporary Certificate of Occupancy Only Valid for up to 60 days $200 Flat Fee Roof, Replacement Window, Replace Shingles, etc Shed, Out Building Fence Demolition of Single Family House Demo of other Structures including Commercial New Commercial building from the ground up, New Shell Commercial structures include schools, hospitals, subdivision clubhouses etc Tenant Finish, Interior Work on Commercial Property Construction of Sales Trailer Cell Tower or Co-Locate New House/Townhouse for the Ground Up Basement Finish, Bathroom or Kitchen Remodel, House Addition Deck Addition, Pool House, Garage, Screened Porch Pool Electrical Permit Plumbing Permit Mechanical Permit For Commercial Also Section Description Amount(in dollars)Conditions Reinstatement of expired permit 90% Complete If permitted work is substantially complete as evidenced by inspection records showing passed framing and meets inspections as applicable to scope of work permitted $100 plus any re-inspection fees Reinstatement of expired permit Less than 90% complete If the permitted work is not substantially complete as evidenced by inspection records Renewal fee is one half (50%) of the permit fee assessed at original building permit issue, but not less than $200.00 Reinstatement of expired permit Not executed No work has been performed as evidence by inspection records Reinstatement amount is full permit fee 12-23 (a)Occupation Tax for Business and Practitioner Based on the Gross Receipts 12-23 (b)(1)Flat Rate Fee for Home-Based Businesses $100.00 /year 12-23 (b)(2)Occupation Tax for Business $150.00 plus $7.00 per employees 12-23 (b)(4)Nonrefundable Administrative Fee (registration Processing)$75/year 12-30 (a) Flat Rate Fee or Professional Occupation Tax for Professional Practitioners may elect to pay a flat fee of $400.00 (Administrative Fee included); or may elect to pay occupation tax based on Gross Receipts plus Administrative Fee of $75.00 12-32 (a)Penalty for Late Payment of Occupation Tax and Administrative Fees 10% of the Amount Owned for each Calendar year or Portion thereof 12-32 (b) Interest for Late Payment of Occupation Tax and Administrative Fees 1.5% per month for Delinquent Taxes and Fees 12-56 Insurers License Fees $100.00 each Insurer, plus an additional $100.00 per location for insurers not covered by 12-57 12-57 Insurers License Fees $100.00 each Insurer, plus an additional $35.00 per location 12-58 Gross Premiums Tax Imposed on Life Insurers 1% of the gross direct premiums received during the preceding calendar year 12-59 Gross Premiums Tax Imposed on all other Life Insurers 2.5% of the gross direct premium received during the preceding calendar year 12-81 Annual Business License Tax one-quarter (.25)% of the gross receipts, and the minimum amount shall be $1,000.00 12-108 Professional Bondsman Administrative Fees $75/year 16-27 Notice of Candidacy for Municipal Office 3% of Total Salary of Office Sought 18-48 Monthly Charge for Emergency Telephone Service $1.50 per telephone line and $1.50 per wireless subscriber 1.Failure to pay occupation taxes and administrative fees when due; 2. Failure to file an application by March 31 of any calendar year, when the business or practitioner was in operation the preceding calendar year; and 3. Failure to register and obtain an occupation tax certificate within 90 days of the commencement of business For each insurer not covered by 12-57 for each insurer writing life, accident and sickness insurance within the state for Financial Institutions Chapter 18 -- Emergency Management Services Chapter 14 -- Courts Chapter 16 -- Elections For Professional Practitioners For Businesses not generating gross Receipts at the business location in the city Chapter 12 -- Business Regulation and Taxation For each separate business location operated and maintained by a business organization which is engaged in the business of lending money or transacting sales involving term financing and in connection with such loans or sales offers, solicits or takes application for insurance through a licensed agent of an insurer for insurance said insurer For Home-based Businesses (limit of one employee) For Business and Practitioner subject to the provision Section Description Amount(in dollars)Conditions 18-49 Prepaid Wireless 9-1-1 Charge $0.75 per retail transaction 18-69 (1)Penalty for False Alarm For the 2nd and any subsequent false alarm in a 12 month period a fine is assessed at $150.00 each; no monitored alarm user shall be assessed fines in excess of $600.00 for false alarms that occur at the same premises in any 24-hour period 18-69 (2)Penalty for Violation other than False Alarm $100.00 /each 18-90 (a)(5)Monitored Alarm System Registration $25/each 20-264 (c) (4) Civil Penalties for Violation subject to Equitable Relief; Nuisance and Abatement may impose a penalty not to exceed $1,000.00 per day for each day the violation remains unremedied after receipt of the notice of violation 20-47 (c)(5) Criminal Penalties for Violation Related to Equitable Relief; Nuisance and Abatement $1,000.00 per day 20-289 Stormwater Management Application Review Up to 3 reviews - subsequent revision reviews will require 50% of the original fee, a minimum of $350 $350 + $5/lot $350 + $5/disturbed acre $350 + $20/lot $350 + $20/disturbed acre 20-540 Project Site Reinspection Fee $50.00 minimum 20-543 (a)Monetary Penalties(violation)not to exceed $2,500.00 per day for each violation 20-543 (b)(1)Minimum Penalties $250.00 for each violation or each day on which a violation exists 20-543 (b)(2)Minimum Penalties $1,000.00 for each violation or each day on which a violation exists 20-543 (b)(3)Minimum Penalties $250.00 per violation 20-543 (b)(4)Minimum Penalties $500.00 20-543 (b)(5)Minimum Penalties $1,500.00 20-591 (e)Land-Disturbance -- Local Permit Application Fee, per acre Value calculation is based on Calculation of Inspections per the Land Development Valuation Table Below $300.00 $300 for the first $500 plus $150 for each additional $1000, or fraction thereof, to and including $20,000 $2,250 for the first $20,000 plus $100.00 for each additional $1,000, or fraction thereof, to and including $100,000 $10,550 for the first $100,000 plus $50 for each additional $1,000, or fraction thereof, to and including $250,000 $18,050 for the first $250,000 plus $25 for each additional $1,000, or fraction thereof, to and including $500,000 Chapter 20 -- Environment Plan Review Fees Conducting land disturbance activities without a land disturbance permit or building permit (first offense) Total Valuation $1 to $5000 $5001 to $20,000 $20,001 to $100,000 $100,001 to $250,000 $250,001 to $500,000 Residential Concept Plans Commercial Concept Plans Residential Development Plans Commercial Development Plans For the third and each subsequent false alarm that occurs at the same premises within any 12-month period Permit Fees Based on Valuations Conducting land disturbance activities without a land disturbance permit or building permit (second or subsequent offense) Lack of proper installation or maintenance of structural/vegetative best management practices Working under a stop work order (first offense) Working under a stop work order (second or subsequent offense) Section Description Amount(in dollars)Conditions $24,300 for the first $500,000 plus $15 for each additional $1,000, or fraction thereof, to and including $1,000,000 $31,800 for the first $1,000,000 plus $10 for each additional $1,000, or fraction thereof Land Development Valuation Table Based on Inspections Road Vert & Section Curb and Gutter Base and Paving Commercial Driveway Storm Drainage Wastewater Water Main Sidewalk Residential Fee $200/lot Commercial/Other Fee $700/ disturbed acre $350/disturbed acre x 3% Administrative Fee $25 $1050/monument $60 20-591 (f)Land-Disturbance -- State Permit, Additional per acre Fee $80.00 per disturbed acre 20-658 Civil Penalty for Violation Related to Noise Control may impose a penalty not to exceed $1,000.00 per day for each day the violation remains unremedied after receipt of the notice of violation 20-658 Civil Penalty for Violation Related to Noise Control may impose a penalty not to exceed $1,000.00 per day for each day the violation remains unremedied after receipt of the notice of violation 22-50 Plan Review Fees Structural Plan Review $125.00 $0.25 per sq.ft. Site Development Plan Review $100.00 Sprinkler only Plan Review $100.00 Fire Alarm only Plan Review $75.00 Commercial hood only Plan review $50.00 22-50 Inspection Fees 80% Inspection $100.00 Final Inspection $100.00 Occupancy Inspection $100.00 Miscellaneous/Other Final Inspection $100.00 Re-inspection Fee $100.00 After Hours Inspection $150.00 22-90 (f) Penalties of Violation subject to Locked gates for Commercial, Residential and other Locations not exceed $1,000.00 22-91 (f)Penalties of Violation subject to Locked gates for certain Buildings not exceed $1,000.00 More than 5,000 sq. ft. 5,000 sq. ft. or Less Chapter 22 -- Fire Prevention and Protection Overnight delivery or Courier Fee (as required) Landscape Installation Inspection GIS Monument Fee (as required) $500,001 to $1,000,000 Other Applicable Fees $1,000,001 and up $16/ln.ft. $6.50/ln.ft. $22/ln.ft. $16/ln.ft. $5/sq.ft. Erosion Control Fee $25/ln.ft. $0.75/sq.ft. $20/ln.ft. Section Description Amount(in dollars)Conditions 22-115 (a)Penalties of Violation of Placing "Fire Lane" Signs $150.00 for each violation (however, the fine will be waived if the required specifications are made within 14 days from the date of the citation 22-115 (b)Penalties of Violation of Placing "Fire Lane" Signs $150.00 for each violation and an additional $10.00 fine for each violation for each day that the owner fails to comply with the provisions 22-116 (b)(1)Penalties of Violation of parking in a fire lane $25.00 for the first violation within any 30-day period; $40.00 for the second violation within any 30-day period; $50.00 for each violation thereafter occurring within any 30-day period 32-109 Moving Household Goods at night permit TBD 32-135 (g)Penalties of Violation for Person under 21 years of Age Varies 32-179 (b)(1)Penalties for Nuisances a minimum of $100.00 32-179 (b)(2)Penalties for Nuisances a minimum of $500.00 32-179 (b)(3)Penalties for Nuisances a minimum of $1,000.00 36-40 Application Fee $75.00 Administrative Fees + $100.00 Permit Fees + $20.00 Background Check 46-3 Collection Fee for the disposal and collection of waste TBD 46-70 (a)Infrastructure Maintenance Fee 5% of the company's Gross Receipts to Customers within the City 48-259 Traffic Calming Plan Fee $500 per plan 48-466 (e)Sign Replacement Fee $250.00 per Sign 48-466 (f)Sign performance bond $100 value per sign 48-560 (c) Penalties for Violation of Restoration of Lanes $1,000.00 per instance and location 48-561 (b)(4)Penalties for Violation of Removal $1,000.00 per day per location 48-584 (c) Penalties of Obstruction of Right-of- way (Personal Property) 125% of the cost the city incurs in removing the property plus a fine of $1,000.00 48-584 (d)Penalties of Obstruction of Right-of- way (Illegal Dumping) 125% of the cost the city incurs in removing the property plus a fine of $1,000.00 48-585 (b)(1)Penalties of Location within the right-of- way (New Unpermitted Installations) 100% of the cost the city incurs in removing the property plus a fine of one-half the cost of the largest permit fee for the site 48-585 (b)(2)Penalties of Location within the right-of- way (Existing Installations)No Fines 48-585 (b)(3)Penalties of Location within the right-of- way (Temporary Items) 125% of the cost the city incurs in removing the property plus a fine of $500.00 48-587 (a)Penalties of Violation for Agricultural Uses $100.00 per incident 48-587 (b)(2)Penalties of Violation of Agricultural Equipment Uses $100.00 fine per incident, plus the cost of repairs to the road, and plus the cost of certified traffic control by the person who caused the damages The third or repeat Violation of the same Provision If that private or public property owner fails ore refuses to meet said requirements on his or her property within such 14 days he or she shall, on the 15th day after receiving the citation, be subject to the fine Chapter 50 -- Subdivisions Chapter 38 -- Personnel The second Violation of the same provision ** This fee is for a Business Solicitation Permit - there is no charge for a Charity/Non-Profit Solicitation Permit Chapter 32 -- Offenses and Miscellaneous Provisions Chapter 34 -- Parks, Recreation and Cultural Affairs Chapter 36 -- Peddlers and Solicitors Chapter 42 -- Secondhand Goods Chapter 46 -- Solid Waste Chapter 48 -- Streets, Sidewalks and Other public Places Chapter 28 -- Law Enforcement The first Violation Section Description Amount(in dollars)Conditions 50-2 (a)Penalties of Violation no less than $1,000.00 and not to exceed $2,500.00 50-208 Plat Application $25.00 Administrative Fee + $350.00 Review Fee + $5.00 /Lot 50-209 Fees for required Inspection, Water and Sewer Connection, Curb Cut, and Street Sign see Sections 48-466, 20-591 and 22-50 50-210 Bond Fee $250 Legal processing and $50 Administrative Fee 52-19 (b)Ad Valorem Taxes on Property $4.731 on 40 percent of each $1,000.00 of property 52-22 (b)Penalties and Interest for the Delinquent of the ad valorem taxes An interest rate of 1% per month (minimum $1.00) from the date the taxes are due until the date the taxes are paid. Any period less than one month is considered to be one month. A penalty of 10% is applied after 90 days past due. The penalty shall not apply to the following: (1) Ad valorem taxes of $500 or less on homesteaded property; (2) Homesteaded property acquired during the tax year by a new owner who did not receive a bill and who before acquiring such property resided outside the State of GA and if taxes are paid within one year following the due date. 52-46 Penalty for Delinquent Payment Penalties of 10% of amount of taxes due to the city, plus 1% interest per month on the unpaid tax 52-47 Hotel and Motel Excise Tax 3% of the rent for every occupancy of a guestroom in a hotel in the City 52-94 (a)(1)Rental Motor Vehicle Excise Tax 3% of the Rental Charge. If paid on or before the 20th day of the preceding calendar month, the tax payer may retain a credit in the amount of 3% of the tax due. 52-116 Penalties and Interest for Failure to Remit Taxes A penalty of 5% of the tax then due, plus 1% interest per month thereon the unpaid principal amount due 52-118 (b)Interest on the Deficiency Determined 1% per month or fraction thereof from the due date of the taxes 54-5 (d)Application Fee $2000 plus the actual consulting cost up to $7500 54-8 (c)Telecommunications Operating License $1000 per tower and $1000 per antenna array 54-11 (d)Lease Application Fee $250 Legal processing and $50 Administrative Fee 54-19 (a)Lease Compensation As negotiated by the City Manager or designee and approved by City Council 54-19 (a)Late Lease Payments 2% of the annual rental fee for each day or portion thereof beyond the due date 56-70 (b) Charges and Penalties for Violation of provision subject to Vehicle Weights and Loads $0.05 per pound for all excess weight, except for vehicles permitted to exceed the weight limitation, or are permitted under a "superload" or "superload plus" permit wherein the penalty would be $6.25 per pound for excess weight 58-39 (2)Penalty for Violation of Water Uses not exceed $1,000.00 58-129 (a)Civil Penalty for Violation of Water Uses not exceed $1,000.00 for each day the violation remains unremedied after receipt of the notice of violation 58-129 (b)Criminal Penalties for Violation of Water Uses not exceed $1,000.00 Chapter 52 -- Taxation For Property subject to the ad valorem tax For Hotel and Motel Tax For Hotel and Motel Rent For Property subject to the ad valorem tax For Motor Vehicle Rented Chapter 58 - Utilities Chapter 60 - Vegetation For Rental Motor Vehicle Excise Tax For Excise Tax Second and Subsequent Violations Chapter 54 --Telecommunications Chapter 56 -- Traffic and Vehicles Section Description Amount(in dollars)Conditions 60-20 (a)Penalties for Violation not exceed $1,000.00 per violation per day 60-50 (b)(2)Tree Protection Signs $5 per sign 60-48 Penalty for Violation of Specimen Trees The Unit Value of the specimen tree is doubled and that becomes the unit value that must be compensated for 62-24 (a)License Fee $50 Annual Taxicab Permit, $50 each Annual Driver's Permit, $50 Annual Certificate of Public Necessity 64-360 (2)c Inclusionary housing (in-lieu Fees)TBD 64-366 Administration of Inclusionary Housing TBD 64-1616 (8)c Media Production Permit Fee Low Impact Permit Fee -$100, High Impact Permit Fee - $250, additional $100 per day for any permit received less than the minimum number of processing days required in Section 64-1616.5.a and 64-1616.6.a 64-1890 (c)(1)Application Fee for a Concurrent Variance $250.00 plus $50 for each additional concurrent variance requested on the same piece of property $350.00 plus $100 for each additional concurrent variance requested on the same piece of property $350.00 plus $100 for each additional request 64-1938 Appeal Application $250 Plus $50 for each additional variance Request on the same Piece of Property $350 plus $100 for each additional Variance Request $350 plus $100 for each additional Variance Request 64-2175 Rezoning Petition To Acreage 0 to 5 $500 5+ to 10 $1,000 10+ to 20 $1,500 20+ to 100 $2,000 100+$2,500 plus an additional $40 per acre for any portion thereof over 100 acres. Maximum fee = $10,000 0 to 5 $750 5+ to 10 $1,500 10+ to 20 $2,000 20+ to 100 $2,500 100+$3,000 plus an additional $50 per acre for any portion thereof over 100 acres. Maximum fee = $10,000 CUP, NUP, MHP Any Acreage $2,000 plus $50 per acre or any portion thereof. Maximum fee = $10,000 MIX Any Acreage $1,000 plus $50 per acre or any portion thereof. Maximum fee = $10,000 64-2221 (b)Penalties for Violation $1,000.00 64-2296 (f)Penalties for Violation of Signs not exceed $1,000.00 per day Chapter 64 -- Zoning All tree protection fences must be accompanied by "Stay Out" and "Tree Save" signage, which may be purchased from Community Development for a fee All Signs Residential Districts: R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, NUP, CUP, MHP Ag-1, R-6, TR, A, A-1, O-I, C-1, C-2, M-1A, M-1, M-2, MIX and Nonresidential Uses in Residential Districts listed above Where a determination is made that property is in violation of zoning ordinance, and any other codes and laws enforced by the community development department, and all reasonable efforts and means to obtain compliance have been exhausted If a specimen trees are removed or have their root protection zones disturbed without permission AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A All Signs Multi-family Districts, Non-Residential Districts, and Commercial uses in Residential or AG-1 Districts Single-Family Residential Zoning Districts and AG-1 District for Residential uses only Chapter 62 -- Vehicles for Hire R-6, TR, A, A-I, O-I, C-1, C- 2, M-1A, M-1, M-2 License fees are levied per annum for each taxicab maintained or operated, and per annum for each driver's permit, and for Certificate of Public Necessity Based on Permit Type Requested and minimum processing time City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: November 16, 2011, Submitted for the December 5, 2011, City Council Regular Meeting for New Business Agenda Item: Consideration and Approval of a Resolution Adopting the Council and Work Session Meeting Dates (January through December 2012) CMO (City Manager’s Office) Recommendation: Approve the Council meeting deadlines and Council and Work Session meeting dates for 2012. Background: The City of Milton is committed to conducting City business in a manner that complies with all legal requirements, fosters citizen confidence in City government, and promotes efficient and effective government operations. As part of our open and transparent government process, the Mayor and City Council will adopt a yearly meeting schedule. Discussion: The goal of any meeting schedule is to provide advance notice to the elected officials, staff, and the public of when formal business will be conducted by the municipality. Alternatives: N/A Concurrent Review: Chris Lagerbloom, City Manager CITY OF MILTON 2012 HOLIDAY SCHEDULE HOLIDAY DATE OBSERVED New Year’s Day Observed Monday, January 2, 2012 Martin Luther King, Jr. Birthday Monday, January 16, 2012 President’s Day Monday, February 20, 2012 Memorial Day Monday, May 28, 2012 Independence Day Wednesday, July 4, 2012 Labor Day Monday, September 3, 2012 Veteran’s Day Monday, November 12, 2012 Thanksgiving Day Thursday, November 22, 2012 Day After Thanksgiving Friday, November 23, 2012 City Manager’s Floating Holiday Monday, December 24, 2012 Christmas Day Observed Tuesday, December 25, 2012 Employee’s Holiday Employee’s Birthday COUNCIL MEETING DEADLINES AND COUNCIL AND WORK SESSION MEETING DATES (January through December, 2012) STAFF SUBMITTAL TO CITY CLERK OFFICE FOR REVIEW BY 12:00 (14 DAYS ) CITY MANAGER REVIEW (12 DAYS) REVIEW & DOCUMENT CHANGES (11 DAYS) FINAL PREP OF PACKET 8:00 (10 DAYS) DISTRIBUTION TO CITY COUNCIL & POST AGENDA TO WEBISTE (7 DAYS) COUNCIL MEETINGS MONDAY WEDNESDAY MTG. WORK SESSIONS MONDAY December 20, 2011 December 22, 2011 December 23, 2011 December 27, 2011 December 30, 2011 January 9, 2012 December 30, 2011 January 4, 2012 January 5, 2012 January 6, 2012 January 11, 2012 January 18, 2012 January 4, 2012 January 6, 2012 January 9, 2012 January 10, 2012 January 13, 2012 January 23, 2012 January 23, 2012 January 25, 2012 January 26, 2012 January 27, 2012 January 30, 2012 February 6, 2012 January 30, 2012 February 1, 2012 February 2, 2012 February 3, 2012 February 6, 2012 February 13, 2012 February 6, 2012 February 8, 2012 February 9, 2012 February 10, 2012 February 15, 2012 February 22, 2012 February 17, 2012 February 22, 2012 February 23, 2012 February 24, 2012 February 27, 2012 March 5, 2012 February 27, 2012 February 29, 2012 March 1, 2012 March 2, 2012 March 5, 2012 March 12, 2012 March 5, 2012 March 7, 2012 March 8, 2012 March 9, 2012 March 12, 2012 March 19, 2012 March 26, 2012 March 28, 2012 March 29, 2012 March 30, 2012 April 2, 2012 April 9, 2012 April 2, 2012 April 4, 2012 April 5, 2012 April 6, 2012 April 9, 2012 April 16, 2012 April 9, 2012 April 11, 2012 April 12, 2012 April 13, 2012 April 16, 2012 April 23, 2012 April 23, 2012 April 25, 2012 April 26, 2012 April 27, 2012 April 30, 2012 May 7, 2012 April 30, 2012 May 2, 2012 May 3, 2012 May 4, 2012 May 7, 2012 May 14, 2012 May 7, 2012 May 9, 2012 May 10, 2012 May 11, 2012 May 14, 2012 May 21, 2012 May 21, 2012 May 23, 2012 May 24, 2012 May 25, 2012 May 28, 2012 June 4, 2012 May 25, 2012 May 30, 2012 May 31, 2012 June 1, 2012 June 4, 2012 June 11, 2012 June 4, 2012 June 6, 2012 June 7, 2012 June 8, 2012 June 11, 2012 June 18, 2012 June 18, 2012 June 20, 2012 June 21, 2012 June 22, 2012 June 25, 2012 July 2, 2012 June 25, 2012 June 27, 2012 June 28, 2012 June 29, 2012 July 2, 2012 July 9, 2012 June 29, 2012 July 3, 2012 July 5, 2012 July 6, 2012 July 9, 2012 July 16, 2012 July 23, 2012 July 25, 2012 July 26, 2012 July 27, 2012 July 30, 2012 August 6, 2012 July 30, 2012 August 1, 2012 August 2, 2012 August 3, 2012 August 6, 2012 August 13, 2012 August 6, 2012 August 8, 2012 August 9, 2012 August 10, 2012 August 13, 2012 August 20, 2012 August 20, 2012 August 22, 2012 August 23, 2012 August 24, 2012 August 29, 2012 September 5, 2012 August 22, 2012 August 24, 2012 August 27, 2012 August 28, 2012 August 31, 2012 September 10, 2012 August 31, 2012 September 5, 2012 September 6, 2012 September 7, 2012 September 10, 2012 September 17, 2012 September 17, 2012 September 19, 2012 September 20, 2012 September 21, 2012 September 24, 2012 October 1, 2012 September 24, 2012 September 26, 2012 September 27, 2012 September 28, 2012 October 1, 2012 October 8, 2012 October 1, 2012 October 3, 2012 October 4, 2012 October 5, 2012 October 8, 2012 October 15, 2012 October 22, 2012 October 24, 2012 October 25, 2012 October 26, 2012 October 29, 2012 November 5, 2012 October 31, 2012 November 2, 2012 November 5, 2012 November 6, 2012 November 7, 2012 November 14, 2012 November 5, 2012 November 7, 2012 November 8, 2012 November 9, 2012 November 12, 2012 November 19, 2012 November 16, 2012 November 19, 2012 November 20, 2012 November 21, 2012 November 26, 2012 December 3, 2012 November 26, 2012 November 28, 2012 November 29, 2012 November 30, 2012 December 3, 2012 December 10, 2012 December 3, 2012 December 5, 2012 December 6, 2012 December 7, 2012 December 10, 2012 December 17, 2012 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE 2012 CITY OF MILTON CITY COUNCIL REGULAR MEETING AND WORK SESSION SCHEDULE The Council of the City of Milton hereby resolves while in regular session on the 5th day of December 2011 at 6:00 pm: SECTION 1. That the schedule for the 2012 City Council Meeting Deadlines and Council and Work Session Meeting Dates is hereby approved as attached; SECTION 2. That resolutions in conflict with this resolution are hereby repealed. SECTION 3. That this approval be effective January 1, 2012. RESOLVED this 5th day of December 2011. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ______ A RESOLUTION ESTABLISHING A CHARTER COMMISSION FOR THE CITY OF MILTON, GEORGIA THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in regular session on the 5th day of December, 2011 as follows: WHEREAS, pursuant to Section 7.18 of the Charter for the City of Milton, Georgia, five years after the inception of the City of Milton, the mayor and city council shall call for a Charter Commission to review the city's experience and recommend to the General Assembly any changes to the City Charter; and WHEREAS, the City of Milton was incorporated December 1, 2006; and WHEREAS, in accord with Section 7.18 of the Charter, the Milton Charter Commission must be established on Monday, December 5, 2011; and WHEREAS, it is in the interests of the citizens of the City of Milton to establish a Charter Commission to undertake a review of the City Charter; and WHEREAS, it is further in the interests of the citizens of the City of Milton that the Charter Commission receive input from the elected officials of Milton as to those areas of the Charter in need of potential revision or adjustment; and WHEREAS, the Mayor and the City Council may each appoint one member to the Charter Commission; and WHEREAS, each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of the City of Milton may appoint one member to the Charter Commission; and WHEREAS, the Mayor and the City Council have determined that their appointees shall be as set forth below; NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, as follows: 1. That a Charter Commission is hereby established to review the city's experience and recommend to the General Assembly any changes to the City Charter. 2. That the newly formed Charter Commission may assemble for organizational purposes as quickly as practicable following formation, but shall not assemble for purposes of discussing substantive charter-related issues until at least January 15, 2012. 3. That the City Council for the City of Milton shall, at the first regular Council meeting in January 9, 2012, consider and approve a detailed list of those Milton Charter areas and issues for which it would request that the Charter Commission specifically review. This list shall be provided to the Charter Commission at its introductory meeting. 4. This draft list of Milton Charter areas and issues shall be assembled by city staff, in conjunction with the City Manager, and shall be placed on the December 12, 2011, City Council work session agenda for consideration in order that a final list may be approved by the City Council at its first regular meeting on January 9, 2012. 5. All members of the Charter Commission must reside in the City of Milton. 6. The Mayor hereby appoints Bob Meyers to serve on the City of Milton’s Charter Commission. 7. The City Council hereby appoints _____________________ to serve on the City of Milton’s Charter Commission. 8. Each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of the City of Milton shall appoint one member to the Charter Commission as follows: Senator John Albers (Senate District 56) hereby appoints Ron Wallace; Representative Jan Jones (House District 46) hereby appoints ___________; and Senator David Shafer (Senate District 48) hereby appoints George Ragsdale. 9. The Milton Council further hereby appoints the City Manager to serve in an ex officio capacity with respect to the Charter Commission and provide as much input as is needed by the Commission. 10. The Charter Commission must complete its review and make recommendations by June 5, 2012. 11. The City Attorney or an attorney from that office shall attend the meetings of the Charter Commission to provide substantive and procedural legal guidance, and to ensure all necessary minutes and other procedural protocols are observed. RESOLVED this 5th day of December, 2011. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal)