HomeMy WebLinkAbout02-06-2012-PacketPage 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Lance Large
Monday, February 6, 2012 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Pastor Jason Howard, Director of Adult Ministries with StoneCreek 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. 12-029)
4) REAPPOINTMENT OF MAYOR PRO TEM
5) PUBLIC COMMENT
6) CONSENT AGENDA
1. Approval of the January 18, 2012 Work Session Minutes.
(Agenda Item No. 12-030)
(Sudie Gordon, City Clerk)
MILTON CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 6, 2012
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
2. Approval of the January 23, 2012 Regular Council Minutes.
(Agenda Item No. 12-031)
(Sudie Gordon, City Clerk)
3. Approval of a Professional Services Agreement between the City of Milton and
Breedlove Land Planning, Inc. to Provide Civil Engineering Services for the Proposed
Public Safety Facility on Highway 9.
(Agenda Item No. 12-032)
(Carter Lucas, Public Works Director)
7) REPORTS AND PRESENTATIONS (None)
8) FIRST PRESENTATION
1. RZ11-17 – To Amend Article XVI of the Zoning Ordinance (Chapter 64 of the
City Code) – Signs.
(Agenda Item No. 12-012)
(Deferred from Zoning on January 16, 2012 meeting to First Presentation at the February 6, 2012 Regular
Council Meeting)
(Kathleen Field, Community Development Director)
2. RZ12-01 – To Amend Article VI, Division 2 – AG-1 (Agricultural District) as it Relates
to Allowing Structures Housing Animals within the Front Yard and Fencing Along
Public-right-of-ways.
(Agenda Item No. 12-033)
(Kathleen Field, Community Development Director)
9) PUBLIC HEARING (None)
10) ZONING AGENDA (None)
11) UNFINISHED BUSINESS (None)
MILTON CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 6, 2012
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
12) NEW BUSINESS
1. Approval of a Resolution Amending Resolution No. 12-01-205, a Resolution Appointing
a Member At Large to The City of Milton Parks and Recreation Advisory Board.
(Agenda Item No. 12-034)
(Mayor Joe Lockwood)
2. Approval for the Execution of an Agreement for Outside Providers between the City of
Milton and YMCA of Metro Atlanta, Inc. to Offer a Soccer Program Service.
(Agenda Item No. 12-035)
(John Rebar, Parks & Recreation Director)
3. Approval for the Execution of a Professional Service Agreement with Dorfman
Consulting, LLC to Provide a Cost of Service Study, a Fiscal Impact Model and a
Simulation of Several Growth Scenarios for the City of Milton Over a 20 Year Horizon.
(Agenda Item No. 12-036)
(Chris Lagerbloom, City Manager)
4. Approval of a Resolution to Amend Resolution No. 08-03-23, Regarding the Governance
of the Milton Disability Awareness Committee.
(Agenda Item No. 12-037)
(Chris Lagerbloom, City Manager)
5. Approval of a Resolution and Contract for Acquisition of Right of Way for Project
HPP00-0000-00(533) State Route 140/Arnold Mill Road at CR27/New Providence Road.
(Agenda Item No. 12-038)
(Carter Lucas, Public Works Director)
13) MAYOR AND COUNCIL REPORTS
14) STAFF REPORTS
15) EXECUTIVE SESSION (if needed)
16) ADJOURNMENT
(Agenda Item No. 12-039)
The minutes will be
Provided
electronically
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: January 23, 2012 for the February 6, 2012 Council Meeting
Agenda Item: Approval of a Professional Services Agreement between the City of Milton
and Breedlove Land Planning, Inc., to provide civil engineering services for
the proposed public safety facility on Highway 9.
Background:
The City of Milton has acquired property on Highway 9 for a future public safety facility.
Professional design services are needed to provide final construction drawings and permit
coordination for the City.
Discussion:
Breedlove Land Planning, Inc. is currently the engineer of record for the Fulton County School
Board property and has provided conceptual engineering services to the city on this project.
This proposal will provide final construction documents and permit coordination with GDOT
and the Fulton County Board of Education. These services will include the development of
utility plans, grading plans, storm water management plans and erosion and sediment control
plans as well as all pertinent details associated with this construction. In conformance with the
city’s procurement policy staff is recommending approval of the lump sum contract for civil
engineering services with Breedlove Land Planning, Inc.
Legal Review:
Paul Higbee, Jarrard & Davis on 1/4/2012
Attachments:
Professional Services Agreement
-00r, (City of Milton
PROFESSIONAL SERVICES AGREEMENT
CIVIL ENGINEERING SERVICES FOR THE PUBLIC SAFETY FACILITY LOCATED
AT 13690 STATE HIGHWAY 9
This Agreement made and entered into this lqi� day of , in the year 2012,
by and between The City of Milton, Georgia (sometimes referred to herein as e "City" or
"Client"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA
30004 and Breedlove Land Planning, Inc. ("Consultant") having its principle place of business at
510 McDaniel Mill Road SW, Conyers, Georgia 30012-4972.
WHEREAS, the City of Milton will require certain professional public works services
beginning on January 17, 2012; and
WHEREAS, the City's Purchasing Policy authorizes the procurement of professional
services contracts of $30,000.00 or less; and
WHEREAS, the City has determined that this Agreement constitutes such professional
services;
NOW THEREFORE, in consideration of the mutual covenant and promises contained herein,
the parties agree as follows:
1.0 Scope of Work; Compensation
The Consultant agrees to provide all Services related to the construction of the City of Milton Public
Safety Facility project at 13690 State Highway 9, as specified in Exhibit "A," attached hereto and
incorporated herein by reference, for the compensation described therein. In the event of any
discrepancy between the provisions of Exhibit "A" and this Agreement, that provision that is most
beneficial to the City, as determined by the City in its sole discretion, shall govern. No payments
will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield
Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S.
Mail only; payment will not be hand -delivered.
City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the
City's certification that the services were actually performed and costs actually incurred in
accordance with this Agreement. Compensation for services performed and, if applicable,
reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of
an invoice, submitted upon completion of the Work, setting forth in detail the services performed
and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total
amount paid under this Agreement for the Work shall not, in any case, exceed a fee of $29,500 plus
a $500 allowance for reimbursable expenses (the "Contract Price") without prior written approval
from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically,
Uy of Milipn
Consultant agrees that in the event it cannot perform the Work within the budgetary limitations
established without disregarding sound principles of Consultant's industry, Consultant will give
written notice thereof immediately to the City.
2.0 Independent Contractor
2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or
representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's
expense, all permits, license or approvals that may be necessary for the performance of the services.
2.2 Inasmuch as the City of Milton and the Consultant are entities 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 parities
hereto. The Consultant agrees not to represent itself as the City's agent for'any purpose to any party
or to allow any employee of the Consultant 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
Consultant shall assume full liability for any contracts or agreements the Consultant enters into on
behalf of the City of Milton without the express knowledge and prior written consent of the City.
3.0 Indemnification
The Consultant covenants and agrees to take and assume all responsibility for the services rendered
in connection with this Agreement. The Consultant 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. Consultant 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 willful, negligent or tortuous conduct arising
out of the Work, performance of contracted services, or operations by the Consultant, any sub -
consultant, anyone directly or indirectly employed by the Consultant or sub --consultant or anyone for
whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the
offending 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 Consultant, any sub -
consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for
whose acts the Consultant or sub -consultant 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 Consultant or any sub -consultant 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.
4.0 Insurance
(1) Requirements:
The Consultant 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
city of Milton
which may arise from or in connection with the performance of the Work by the Consultant,
its agents, representatives, employees or sub -consultants. 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:
Consultant shall maintain limits no less than:
(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 Consultant'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) 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 Consultant; products and completed operations of the Consultant;
premises owned, leased, or used by the Consultant; automobiles owned, leased,
hired, or borrowed by the Consultant. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officials,
employees, agents or volunteers.
(ii) The Consultant'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 Consultant'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.
CAy of Milian
(iv) Coverage shall state that the Consultant'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 Consultant for the City.
(vii) All endorsements to policies shall be executed by an authorized representative
of the insurer.
(b) Workers' Compensation Coverag .
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
Consultant for the City.
(c) All Coverages.
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.
(d) Policies shall have concurrent starting and ending dates.
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 4 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: VII.
(5) Verification of Coverage:
Consultant 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 Consultant'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 Consultant shall provide proof that any expiring
coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the
coverage.
ci y of Milton
(7) Sub -consultants:
Consultant shall include all sub -consultants as insured under its policies or shall furnish
separate certificates and endorsements for each sub -consultant. All coverage for sub -
consultants shall he 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:
Consultant 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.
5.0 Term; Termination
The term of this Agreement shall begin on January 17, 2012 and shall terminate absolutely and
without further obligation on the part of the City upon Consultant's completion of the services
described herein, but no later than December 31, 2012, provided that this Agreement, absent written
notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December
31, 2012, shall automatically renew on January 1, 2013 to December 31, 2013. Except as otherwise
provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision
of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within
fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies,
materials, equipment, or other personal property shall remain in the Consultant until fully paid by the
City.
5.0 Compliance with All Laws and Licenses
The Consultant must obtain all necessary licenses and comply with local, state and federal
requirements. The Consultant shall comply with all laws, rules and regulations of any governmental
entity pertaining to its performance under this Agreement.
7.0 Assignment
The Consultant shall not assign or subcontract the whole or any part of this Agreement without the
City of Milton's prior written consent.
8.0 Amendments in Writing
No amendments to this Agreement shall be effective unless it is in writing and signed by duly
authorized representatives of the parties.
Cay of Milton
9.0 Expertise of Consultant
Consultant 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 Consultant
under this Agreement.
10.0 Governing Law
This Agreement shall be governed in all respects by the laws of the State of Georgia.
11.0 Interpretation of Documents
In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the
provisions most favorable to the City shall govern.
12.0 Entire Agreement
This Agreement constitutes the entire Agreement between the parties with respect to the subject
matter contained herein; all prior agreements, representations, statements, negotiations, and
undertakings are suspended hereby. Neither party has relied on any representation, promise, nor
inducement not contained herein.
13.0 Waiver of Agreement
The City's failure to enforce any provision of this Agreement or the waiver in a particular instance
shall not be construed as a general waiver of any future breach or default.
14.0 Sovereign Immunity
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.
15.0 Notices
All other notices, writings or correspondence as required by this Agreement shall be in writing and
shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third
day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested,
or (3) 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 THE CITY shall be sent to:
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107F
Milton, Georgia 30004
City of Milton
NOTICE TO THE CONSULTANT shall be sent to:
Breedlove Land Planning, Inc.
510 McDaniel Mill Road SW
Conyers, Georgia 30012-4972
16.0 No Personal Liability
No member, official or employee of the City shall be personally liable to the Consultant or any
successor in interest in the event of any default or breach by the City or for any amount which may
become due to the Consultant or successor or on any obligation under the terms of this Agreement.
Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's
individual employees, officers or directors to any personal liability. The Parties agree that their sole
and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against
Consultant or the City, respectively, and not against any employee, officer, director, or elected or
appointed official.
17.0 Employment 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
Consultant shall provide evidence on a City -provided form, attached hereto_ as Exhibit "B" that it and
Consultant's subconsultants 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 Consultant's and Consultant's
subconsultants' verification process to determine that the verification was correct and complete. The
Consultant and Consultant's subconsultants 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.
The City Manager or his/her designee shall further be authorized to conduct periodic inspections to
ensure that no City Consultant or Consultant's subconsultants employ unauthorized aliens on City
contracts. By entering into a contract with the City, the Consultant and Consultant's subconsultants
agree to cooperate with any such investigation by making its records and personnel available upon
reasonable notice for inspection and questioning. Where a Consultant or Consultant's
subconsultants are found to have employed an unauthorized alien, the City Manager or his/her
designee may order the Consultant to terminate or require its subconsultant to terminate that person's
employment immediately and to report same to the Department of Homeland Security, The
Consultant's failure to terminate the employee, or otherwise cooperate with the investigation may be
sanctioned by termination of the contract, and the Consultant 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.
City of Milton
Consultant agrees that, in the event the Consultant employs or contracts with any subconsultant(s) in
connection with this Agreement, the Consultant will secure from the subconsultant(s) such
subconsultant(s') indication of the above employee -number category that is applicable to the
subconsultant.
Consultant'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 `B."
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by
their duly authorized officers as of the day and year set forth next to each signature.
[SIGNATURES ON THE FOLLOWING PAGE]
City of Milton
Approved as to form:
City Attorney
Breedlove Land Planning, Inc.
Signature:
Printed2N eu
Title: c
SIGNED, SEALED, AND DELIVERED [AFFIX CORPORATE SEAL]
in the presence of•
d
"fl4h, J -b.aam-k
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
1l
ES'
NOTARY PUBLIC
SPALDING COUNTY, GEORGIA CITY OF MILTON:
My COMMWON EXPIRES NOVEMBER 4 2019
By.
Its:
[CITY SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
City of Milian
EXHIBIT "A"
SCOPE OF WORK
Basic Scope of Services:
Consultant will provide professional site planning, civil engineering, landscape architecture, and site
work construction observation services for the City of Milton Public Safety Facility construction
project. Consultant will prepare site work construction drawings, along with the required stormwater
management plan (hydrology analysis and water quality best management practices) and related
details.
Client will provide Consultant with a current and accurate ground run (two [2] foot contour interval)
topographic and boundary survey (stamped reproducible) and .DWG digital CAD file of survey.
Said survey shall include City of Milton requirements for setbacks, zoning,.buffers, surrounding land
use and zonings, and GIS benchmark reference. Client will provide Consultant with a final building
floor plan print and .DWG computer CAD file of said floor plan.
Client will provide Consultant with geotechnical exploration report findings. Client will secure
necessary off-site easements and construction encroachment agreements for off-site construction, if
necessary. Client will provide additional base data information as identified during the design
process and as the project progresses. This additional base data may be required due to submittal
requirements or findings made during the research and preliminary phase of the site design.
Consultant will coordinate and incorporate base data as required to convert the electronic form of the
survey into a format that is best utilized by the software capabilities of Consultant in order to
complete the remaining tasks associated with this project.
Consultant will perform project research with the local governing authority and review project scope
with local officials. Findings will be incorporated into the preliminary site plan. Consultant will
attend appropriate design review and development meetings with the Client during the course of the
project. Consultant will prepare preliminary site plans for Client's review and approval. Approval of
preliminary drawings with any associated redline comments is required prior to commencement of
construction documents.
Client will handle bidding, negotiation and preparation of contracts in its entirety. Client will be
responsible for the preparation of the Construction Contract documents. Consultant shall assist the
Client in completing the preparation of Addenda, as required.
Refer to services excluded from basic scope. The basic scope of services for this project includes the
following tasks:
Task N. Site Work Construction Drawings
Consultant will prepare construction drawings for site work related items based on approved
preliminary design. These drawings may be combined as determined by Consultant. These site work
construction drawings will consist of:
a. Demolition and Removal Plan addressing existing improvements that need removal, replacement
or adjustment for new construction.
b. Staking/Layout Plan that will include layout of drives, parking, sidewalks, required Americans
with Disabilities Act (ADA) parking/access and related site improvements. ADA access from
accessible parking to the primary building entrance will be reflected per ADA requirements.
City of MOM
10
c. Site Grading/Drainage Plan that will include proposed grading for the site improvements,
existing and proposed contours, spot elevations, storm drainage system, water quality system,
and general notes. ADA access route between accessible parking and primary building entrance
will be graded per ADA requirements. Stormwater plan shall include all plan and profile
information necessary for construction.
d. Erosion, Sedimentation, and Pollution Control Plan that will include Georgia Soil and Water
Conservation Commission required checklist information. Said plan will be three phased and
will reflect NPDES requirements for sites greater than one acre of disturbed area.
e. Site Utility Plans that will include plan and profile and related details for sanitary sewer, fire and
domestic water service.
f. Site work construction Details for related site improvements. Consultant will utilize services of
professional structural engineer for construction detail for concrete site wall section and
reinforcement. Should Client opt to utilize mechanically stabilized earth walls (MSEW) or
mechanically stabilized earth slopes (MSES) as a means to reduce cost of construction,
Consultant will utilize a sub -consultant specializing in design and construction observation of
said walls. A separate additional services proposal will be provided for MSEW and/or MSES
design once an accurate scope of work can be identified.
g. Tree ProtectionlReplacement Plan that conforms to local issuing authority tree
protection/replacement requirements. Said plan will include required calculations and necessary
details.
Task #2. Stormwater Management Report
Consultant will prepare a stormwater management report that follows generally accepted standard
practice for submittal to the City of Milton and incorporate this study into the site work construction
drawings. This report will generally conform to the Georgia Stormwater Management Manual. This
includes channel protection, water quality calculations and hydrograph routing (detention).
Stormwater management facilities will be designed to prevent an increase in peak flow rates (not
total volume) of runoff in post -development conditions.
Consultant will prepare a downstream analysis that incorporates all downstream stormwater drainage
structures and features that lie within the watercourse of the overall drainage basin. The downstream
study point will be at a point that is equivalent to ten (10) times the site acreage and will be
identified using Geographic Information System maps and topographic information (as available). A
Stormwater Performance Review Tool for Total Suspended Solids (TSS Report) will be prepared for
each drainage basin and for each storinwater management facility that is designed for the project
site. The TSS report will be incorporated into the stormwater management report.
Task #3: General NPDES Permit No. GAR 100001 Requirements
Consultant will perform the following tasks associated with the Georgia Department of Natural
Resources - Environmental Protection Division's National Pollutant Discharge Elimination System
(NPDES) General Permit for Construction Activity #GAR 100001.
a. Preparation of Notice of Intent
b. Preparation of Erosion, Sediment and Pollution Control Plan (included in Task #1).
c. Initial Inspection/Certification.
d. Requested NPDES inspections, with reports, will be performed based on the Additional Service
rates below.
11
City of Milt
e. Preparation of Notice of Termination.
Task #4. Local Issuing Authority Development/Land Disturbance Permit Submittal
Consultant will meet with local issuing authority to review the project and research necessary
information to be placed on the plans in order to submit for a Land Disturbance/Development Permit
(LDP). Consultant will handle site work design submittals to local issuing authority and obtain
comments. Consultant will revise plans to address local issuing authority comments, and will
resubmit plans. Consultant makes no guarantees to secure LDP, as this is outside of Consultant
control. All required fees will be paid by Client.
Task #5. Georgia DOT Permit Submittal for Driveway Connection to Highway 9
Consultant will research necessary information to be placed on the plans in order to submit for a
Georgia Department of Transportation (GDOT) Permit. Consultant will handle site work design
submittals to GDQT and obtain comments. Consultant will revise plans to address GDQT
comments, and will resubmit plans. Consultant makes no guarantees to secure GDQT Permit, as this
is outside of Consultant control. All required fees will be paid by Client.
Task #6. Technical Site Work Specifications
Consultant will prepare technical site work specifications for related site work in accordance with
the Client's format.
Task #7. Construction Administration/Observations
Consultant will perform construction administration services regarding the site work, including
phone and fax communications with the Client and Contractor. Consultant will review shop -drawing
and product submittals for general conformance with the intent of construction documents.
Consultant will make site visits (observations) appropriate to the stage, progress, and quality of the
work. These site visits include a pre -construction meeting, nine (9) normal construction observation
site visits, a substantial completion inspection, and a final inspection. Consultant will make written
reports, as necessary, for site observation visits and will make recommendations relative to the
progress of the work. This proposal includes a maximum of twelve (12) visits (OAC meetings
and/or site observations). Should additional site observations be required, they will be invoiced as
indicated below. Consultant will assist the Client in the preparation of Change Orders relating to site
construction items, if required.
The Client acknowledges that the Contractor is responsible for the construction of the project and
that Consultant is not responsible for the acts or omissions of any Contractor, subcontractor or
material supplier; for safety precautions, programs or enforcement; or for construction means,
methods, techniques, sequences, and procedures employed by the Contractor.
Additional Services:
Should Client request additional work beyond the scope of work (basic services) listed and described
herein, the billing will be based on our hourly rates listed below:
Principal $150.001hr
Senior Landscape Architect/Senior P.E. (Associate) $125.001hr
Registered Landscape Architect/P.E. $1 00.00/hr
Env. Designer/E.I.T. $85.00Thr
Technician $65.001hr
12
C4 of won
Clerical $40.001hr
Mileage $00.54/mile
Written notice (fax/email) will be given by Consultant to Client before additional services are
incurred. Additional services must be approved in writing (fax/email) before performance of such
services. Additional services include requested Change Orders, submittal for permits other than
Land Disturbance/Development Permit, and revisions or additions required after Consultant has been
given approval to proceed with each phase. Should local issuing authority require any variances,
these will be handled as additional services.
Reimbursable Expenses:
All printing to convey the design concept for site improvement to the Client will be provided by
Consultant. Mass reproduction, mounting, courier service, overnight delivery, long distance phone
calls, mileage, and photographs will be billed as direct Reimbursable Expenses. In-house
reproduction of drawings is $2.00 per sheet (30 x 42) or $1.50 per sheet (24 x 36). Mileage shall be
charged at the rate of $0.50 per mile. Reimbursable expenses shall only be paid as directed expenses,
without mark-up, and shall be included in the monthly billing with all appropriate back-up
information. Reimbursable expenses shall not exceed the allowance provided in this contract without
prior written authorization from the city.
Services excluded from basic scope:
a. This proposal specifically excludes state water buffer encroachment variances. This proposal
assumes that state water buffer encroachments can be completely avoided within the design of
said project. Should state water buffer encroachment variances be required, a separate proposal
will be provided.
b. This proposal specifically excludes U5 Army Corps of Engineers wetland disturbance
permitting. This proposal assumes that wetland areas can be completely avoided within the
design of said project. Should US Army Corps of Engineers wetland disturbance permitting be
required, a separate proposal will be provided.
c. This proposal specifically excludes traffic engineering and design work for intersection
improvements within the public right-of-way. This exclusion includes, but is not limited to,
traffic impact studies and signalization design.
d. This proposal specifically excludes required NPDES weekly inspections with reports, other than
those identified in Task #3. Consultant will provide said reports at the Client's written request
via a separate proposal.
e. This proposal specifically excludes any lift station or force main design.
f. This proposal specifically excludes any administrative floodplain determination or HEC analysis
of existing floodplains.
g. This proposal specifically excludes any special permit or submittal (variances, waivers, sign
permits), which has not been identified in the basic scope of service tasks listed above.
h. This proposal specifically excludes site lighting/electrical design.
i. This proposal specifically excludes preparation of easement 1 right-of-way Plats and Legal
Descriptions and filing of said items with the courthouse. Consultant will provide extents of
easement 1 right-of-way (line work in CARD format) to Client for use in preparing said Plat and
Legal Description.
clay of Mibn
13
STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "S"
CONSULTANT 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 subconsultant(s) in
connection with the physical performance of services pursuant to this contract with the City of
Milton, consultant will secure from such subconsultant(s) similar verification of compliance with
O.C.G.A. § 13-10-91 on the Subconsultant Affidavit provided in Rule 300-10-01-.08 in the form
provided by the City of Milton. Consultant 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 subconsultant(s) is
retained to perform such service.
PC- L45-22=1
EEV 1 Basic Pilot Program User Identification Number
Authorized Officer or Agent Date
(Breedlove Land Planning, Inc.)
Title of Authorized Officer or Agent of 6ntractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_-LOL- DAY OF rI , 2012
Notary Public
My Commission Expires:
NATAUESiMM
NOTARY NSUC
SPALDINGx CoUtm, GEORGIA
My COMMISSION WIRES NOVEiJeEp 5, 2013
14
City of Milton
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
1
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: January 27, 2012 for the February 22, 2012, City Council Meeting (February 6,
2012 First Presentation, February 13, 2012 Work Session)
Agenda Item: RZ11-17 – To amend Article XVI of the Zoning Ordinance (Chapter 64 of the City
Code) – Signs
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment to amend the
Sign Ordinance, Article XVI the City of Milton Zoning Ordinance.
Background:
When the City‘s Sign Ordinance was adopted in December 2006, a major effort was made to
write the ordinance as ―content neutral‖ to avoid any future legal issues pertaining to the U.S.
Constitution‘s First Amendment right to free speech. The Sign Ordinance has remained intact
with no major text amendments since it was adopted by the Mayor and City Council in
December, 2006.
During the past five years, the Community Development Department has heard from local
business owners as well as citizens regarding this Ordinance. The overall concern was the
permitted size and number of signs permitted in commercial areas. The following is a list of the
six top concerns regarding signs:
Signs during sale or lease of property
Grand opening signage
Banners, location and duration
Incidental signage—tenant directories, directional freestanding signs, etc.
Crabapple and Birmingham Overlay Districts wall signs for multi-tenant, double frontage
buildings
Window signage
A sub-committee was organized, comprised of two Planning Commission members and other
concerned business owners and citizens. After the proposed amendments were completed, the
revised Sign Ordinance was introduced by Staff at a Planning Commission Work Session held
on August 24, 2011. At the September 27, 2011 Planning Commission Work Session, there
were approximately fifteen residents and business owners who made public comments on the
proposed text amendment. Again, the primary concern was the size and number of signs
permitted, the percentage of area for window signs permitted in the Crabapple area, and the
allowance of neon signs in the Hwy 9 business corridor. The Planning Commission met an
additional four times to review and edit the Sign Ordinance, and recommended approval, 5-0 at
its December 21, 2011 Planning Commission Meeting.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
2
Discussion:
The Planning Commission has met and deliberated on the proposed text amendments a total of
six times incorporating the issues discussed at the Planning Commission Work Sessions and
Meetings as well as Staff concerns.
Based on the above input from citizens, business owners and Staff, the following major
amendments were proposed, and are shown on the attached list.
Two sets of the Sign Ordinance are being provided for your review; 1) Major amendments are
highlighted in yellow (and correspond to the attached list); edits by the Planning Commission
are shown in grey and revisions by the City Attorney are in red 2) a clean copy with no mark
ups.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to
amend Article XVI of the Zoning Ordinance (Chapter 64 of the City Code) – Signs.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney – Final edits on January 27, 2012
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
3
PROPOSED CHANGES TO CITY OF MILTON SIGN ORDINANCE
Section 64-2241, Added/clarified definitions
Section 64-2265, Clarified which signs are not subject to the Ordinance
Section 64-2292, Clarified business license requirement
Section 64-2294, Added requirement for permit for window signs
Section 64-2295, Clarified prohibited signs
Section 64-2297, Deleted ‗material change‘
Section 64-2299,
o Changed setback for permanent ground signs to ―20 feet from edge of pavement‖
o Changed setback for temporary ground signs to ―15 feet from edge of pavement‖
Section 64-2303,
o Added additional banner allowance for new businesses
o Increased size of ‗real estate‘ (signs during the sale or lease of property) signs;
differentiated between major roads and other roads.
o Added allowance for ‗graduation‘ banner
Section 64-2324, Highway 9 Overlay
o Added restrictions/requirements to banners for multi tenant commercial buildings
o Increased allowances for window signs
o Changed allowances for internally lit window signs
o Clarified prohibited signs
Section 64-2325, Crabapple Overlay
o Increased allowance for blade signs
o Increased allowance for window signs
o Changed allowances for internally lit window signs
o Added allowance for sandwich board sign
Section 64-2326, Birmingham Overlay
o Increased allowance for blade signs
o Increased allowance for window signs
o Added allowance for sandwich board sign
Section 64-2327—Added Master signage plan requirement
o Required for all newly developed or newly zoned multiple tenant commercial
buildings, multi building developments, mixed use developments, and single
family and multifamily developments.
o Signage plans for developments that require zoning will be approved by the
Mayor and Council, as part of the zoning process
o Signage plans that do not require zoning will be approved by the Community
Development Director, as part of the land disturbance permit (LDP) process
RZ11-17 – Text amendment to the Sign Ordinance prepared for the Mayor and City Council Meeting on February 6, 2012 (First Presentation)
January 30, 2012 Page 1 of 52
DIVISION 1. - GENERALLY
Sec. 64-2241. - Definitions.
Sec. 64-2242. - Purpose and findings.
Sec. 64-2243. - Director's duty to administer and enforce.
Sec. 64-2244. - Applicability.
Sec. 64-2245. - Severability.
Secs. 64-2246—64-2264. - Reserved.
Sec. 64-2241. - Definitions.
Words and phrases used in this article shall have the meanings set forth in this sect ion. Words and phrases not
defined in this section, but defined elsewhere in the city zoning ordinance, shall be given the meanings set forth in such
ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires
otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this
article.
Abandoned sign means any sign that contains or exhibits broken panels, visible rust, visible rot, damaged support
structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and for which no person accepts
maintenance responsibility.
Animated sign means any sign, or part of a sign, that uses any movement or change of lighting or color to depict
action or create a special effect or scene.
Audible sign means any sign which emits a sound which is audible or emits a signal which can be converted into
audible sounds, whether by radio or other means.
Awning/canopy sign.
(1)
The term "awning/canopy sign" means any sign that is a part of, or attached to, an awning, canopy or other
fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area.
(2)
The term "awning/canopy sign" does not include a marquee.
Banner means a sign other than a flag with or without characters, letters, illustrations or ornamentation applied to
cloth, paper, vinyl or fabric that is intended to be hung either with a frame or without a frame. Neither flags nor awning/
canopy signs are considered banners.
Beacon means any light with one or more beams directed into the atmosphere or directed at one or more points not
on the same lot as the light source; also, any light with one or more beams that rotate or move.
Billboard means a freestanding sign with an area of more than 120 square feet.
Clerestory means any high windows above eye level.
Changeable copy sign means any sign that incorporates changing lights, lettering, or images to form a sign
message or messages, whether such changes are accomplished electronically or manually.
City means the City of Milton, Georgia.
City council means the City Council of the City of Milton, Georgia.
Department means Community Development Department, or such other department as is given authority to
implement this Authority by the City.
Director means the director of the Community Development Department, or such other depar tment as is given
authority to implement this Authority by the City, or his or her designee.
RZ11-17 – Text amendment to the Sign Ordinance prepared for the Mayor and City Council Meeting on February 6, 2012 (First Presentation)
January 30, 2012 Page 2 of 52
Fall zone means an area equal to 133 percent of the height of the structure in every direction.
Flag means any fabric or bunting containing colors, patterns, or symbols used as a symbol of a government or other
legal entity or legally organized organization.
Flashing sign means a sign, the illumination of which is not kept constant in intensity at all times when in use or
which exhibits marked changes in lighting effects.
Freestanding sign means any sign supported by structures or supports that are placed on, or anchored in, the
ground and that are independent from any building or other structure. A permanently affixed sign which is wholly independent
of a building for support.
Graffiti means unauthorized writing or drawing on the facade of any building, sign, path, accessory structure, wall,
fence, or other site element.
Illegal activity signs means signs which advertise an activity which is illegal under federal, state or local laws.
Illuminated sign, external, means a sign illuminated by an external light source. Such source cannot be a device
that changes color, flashes or alternates.
Illuminated sign, internal, means a sign illuminated by an internal light source, including electric lights, luminous
tubes, LED, neon, fiber optics, fluorescent. Such source cannot be a device that changes color, flashes, or alternates.
Imitation traffic signs. Signs which contain or are an imitation of an official traffic sign or signal or contain the words
"stop," "go," "slow," "caution," "warning," or similar words in such a manner as to resemble official traffic control signs.
Kiosk means a small structure with one or more sides that is used to vend merchandise or services.
Landscape strip means an area required by this zoning ordinance or by conditions of zoning which is reserved for
the installation and maintenance of plant materials.
LED means an electronically controlled sign utilizing light-emitting diodes to form some or all of the sign message.
Lot means a parcel of land that is of sufficient size to meet minimum zoning requirements for lot area, coverage,
and use and that can provide such yards and other open spaces as required by the zoning standards.
Lollypop sign means a pole sign with an additional 3-dimensional shape or sign on the top.
Marquee or marquee sign means any permanent roof-like structure projecting beyond a building or extending along
and projecting beyond the wall of the building.
Monument means a freestanding sign with a base width of not less than the width of the sign face.
Moving sign means a sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the
structural movement of parts.
Multi tenant means one or more buildings, located on a single premises or development, containing two or more
separate and distinct individual licensed business, which occupy separate portions of the building or buildings, and which are
physically separated from each other by walls.
Neon sign means neon or other inert gas filled tubing signs. This definition includes lighted banding used as trim
around buildings or windows.
Nonconforming Sign means any sign which was lawfully erected and maintained prior to the adoption, revision or
amendment of this Article XVI of the City of Milton Zoning Ordinance, but which, by reason of such adoption, revision, or
amendment, no longer meets or conforms to one or more such requirements within Article XVI.
Obscene. Material is obscene if to the average person, applying contemporary community standards, taken as a
whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion; the
material taken as a whole lacks serious literary, artistic, political or scientific value; and the material depicts or descri bes, in a
patently offensive way, sexual conduct specifically defined as:
RZ11-17 – Text amendment to the Sign Ordinance prepared for the Mayor and City Council Meeting on February 6, 2012 (First Presentation)
January 30, 2012 Page 3 of 52
(1)
Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated;
(2)
Acts of masturbation;
(3)
Acts involving excretory functions or lewd exhibition of the genitals;
(4)
Acts of bestiality or the fondling of sex organs of animals; or
(5)
Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship.
Pennant or streamer means any lightweight plastic, fabric, or other material, whether or not containing a message of
any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.
Permanent sign means any sign which, when installed, is intended for permanent use, and is of a type an d
construction as not to be easily or readily removed from the lot on which it has been erected.
Permit means a sign permit reviewed, approved, and issued by the city community development department.
Permittee means the person or entity owning or leasing the land on which the sign is erected or for which an
application has been submitted.
Person means a natural or legal person, including a firm, organization, partnership, trust, and corporation.
Pole sign means a freestanding sign with visible support structures.
Portable sign means a sign which is not permanently affixed to the ground or to a structure including, but not limited
to, signs on trailers or signs mounted or painted on vehicles which are either parked or moving, in such a manner as to serv e
the purpose of a sign.
Principal building means the building in which the principal use of the lot is conducted. Nonresidential lots with
multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other structures with clearly
accessory uses shall not be considered principal buildings.
Projecting sign means any sign which is suspended or projected from the wall, eave, or soffit of the building.
Public sign means any sign erected by a governmental entity.
Pylon sign means a freestanding sign with visible support structure or with the support structure enclosed with a
pole cover.
Roof sign means any sign erected and constructed wholly on and over the roof of a building, or supported by the
roof structure.
Sign means any device, fixture, placard, or structure affixed to, supported by, or suspended by a stationary object,
building or the ground that uses any color, form, graphic, illumination, symbol, or writing to communicate information of any
kind to the public.
Sign face means that part of a sign that is or can be used for advertising purposes.
Sign kiosk means a small structure for advertising that contains signs.
Standard informational sign means a sign with an area of not greater than four square feet, with a sign face made for
short-term use, containing no reflecting elements, flags, or projections and which, when erec t, stands at a height not greater
than three feet and is mounted on a stake or metal frame with a thickness or diameter not greater than 1½ inches.
Temporary sign means any sign of nonpermanent nature.
RZ11-17 – Text amendment to the Sign Ordinance prepared for the Mayor and City Council Meeting on February 6, 2012 (First Presentation)
January 30, 2012 Page 4 of 52
Wall sign means any sign attached parallel to a wall, painted on the wall surface or erected and confined within the
limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only o ne
sign surface.
Water tower means a tower or standpipe serving as a reservoir to deliver water at a required head, whether in use,
no longer in use or an architectural feature.
Window sign means any sign that is affixed to the exterior of the window or window panes, or on or within five feet of
the interior of the window or window panes and is visible from the exterior of the structure. Window signs include decals and
images painted onto the glass. Windows do not include architectural features.
Zoned development means property subject to a single zoning application.
(Ord. No. 09-04-40, art. 33, § 3, 4-27-2009)
Sec. 64-2242. - Purpose and findings.
(a)
Purpose. This article was enacted with the following purposes:
(1)
To protect the rights of individuals and businesses to convey their messages through signs;
(2)
To encourage the effective use of signs as a means of communication;
(3)
To promote economic development;
(4)
To improve traffic and pedestrian safety as it may be affected by distracting signs;
(5)
To prevent the destruction of the natural beauty and environment of the city and to ensure the harmony and
compatibility of the character of the area including its physical appearance, natural setting, informal
landscaping, and preserve the historic character of the city;
(6)
To encourage and ensure that development that is context -sensitive in design and materials compliments
and is compatible and sensitive with the existing character of the area through its proportion, scale, desi gn,
style, placement, position, and architectural qualities that further the distinct values of the city;
(7)
To protect the public health, safety, and general welfare;
(8)
To restrict the continued existence of abandoned or nonconforming signs unless in compliance with the
terms of this article and to eliminate, over time, all nonconforming signs;
(9)
To ensure the fair and consistent enforcement of sign standards; and
(10)
To make it easier, quicker, and more economically efficient to apply for a sign permit.
(b)
Findings. This article was enacted with the following findings in mind:
(1)
The city finds that signs are a proper use of private property, are a means of personal free expression and
a necessary component of a commercial environment. As such, signs are entitled to the protection of the
law. In the absence of regulation, however, the number of such signs tends to proliferate, with property
owners' desiring ever increasing numbers and sizes of signs, leading to cluttered and aesthetically blight ed
thoroughfares. In addition, the competition among competing sign owners for visibility of their signs
contributes to safety hazards for both vehicles and pedestrians and undermines the sign owners' original
purpose of presenting a clear message of its idea or identification of its premises.
(2)
The city further finds that the regulation of the size, height, number and spacing of signs is necessary to
protect the public safety, to ensure compatibility of signs with surrounding land uses, to enhance the
business and economy of the city, to protect the public investment in the streets and highways, to maintain
the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter
RZ11-17 – Text amendment to the Sign Ordinance prepared for the Mayor and City Council Meeting on February 6, 2012 (First Presentation)
January 30, 2012 Page 5 of 52
and blight, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable
display of advertising for the benefit of all the city's citizens.
(3)
The city further finds that there is a substantial difference between signs erected by public authority and
signs erected by private citizens or businesses. Signs erected by public authority are virtually all erected for
the purpose of maintaining the public safety either through direct control of traffic or through provision of
such type signage as street signs which enable the traveling public to know where they are located and to
find where they are going. As such, with the exception of signs identifying government buildings, virtually all
government signs are erected purely for public safety purposes. Moreover, thei r use in the public right-of-
way is necessary to ensure their visibility to the motoring public. The city commission finds that public utility
signs are frequently of the same nature as those signs erected by governmental entities in that they provide
necessary information to safeguard the public from downed power lines and from street excavations. Even
where signs serve a propriety purpose, such as identifying markings on utility polls, those signs are marked
primarily for the purpose of benefiting the public generally through identification of locations where there
may be temporary losses of power.
(4)
The city further finds that some signage has a single targeted function and that identification of such
signage by description is impossible without referring to its function. For instance, address numerals are
used for the sole purpose of locating addresses, which is of benefit to persons looking for those addresses
and is essential to public safety personnel responding to emergencies. Subdivision signs at the entrances
to subdivisions favor a similar purpose in enabling both the traveling public and emergency personnel to
quickly locate subdivision entrances for the purpose of either visitation or responding to emergency calls.
While such signage is referenced based upon the function it serves within the context of this ordinance, the
bulk of the provisions of this article are unrelated to the content of the speech provided and allow maximum
expressive potential to sign owners.
(5)
The city further finds that most of the city is unique when compared to surrounding areas in terms of the
rural, pastoral and equestrian nature of its land uses. Examination of such factors as the lack of sewerage
of the majority of its land area, the resulting minimum lot size, t he lack of commercial development outside
overlay districts and purposefully developed commercial corridors and the large number of agricultural and
related uses such as horse farms set the city apart from the more commercialized and developed
municipalities which surround it. The preservation of this atmosphere and lifestyle was a major factor in the
drive to incorporate the city as its own unique city. Accordingly, the city determines that it has a substantial
government interest in striking a proper balance between the right of freedom of expression in terms of the
time, place and manner of signage with the need to preserve the pristine character of the city.
(Ord. No. 09-04-40, art. 33, § 2, 4-27-2009)
Sec. 64-2243. - Director's duty to administer and enforce.
The director of the Department is hereby authorized and directed to administer and enforce this article, unless
otherwise specifically provided by an ordinance of the city council.
(Ord. No. 09-04-40, art. 33, § 4, 4-27-2009)
Sec. 64-2244. - Applicability.
The standards of this article shall apply to all signs erected within the city's corporate limits. This includes those
areas that have been or will be annexed into the city corporate limits.
(Ord. No. 09-04-40, art. 33, § 5, 4-27-2009)
Sec. 64-2245. - Severability.
Should any article, section, clause, or provision of this article be declared by a court of competent jurisdiction to be
invalid, such action shall not affect the validity of the ordinance as a whole or any part hereof other than the part so decl ared
to be invalid, it being the intent of the city council that each article, section, clause, and provision hereof be severable.
(Ord. No. 09-04-40, art. 33, § 27 , 4-27-2009)
RZ11-17 – Text amendment to the Sign Ordinance prepared for the Mayor and City Council Meeting on February 6, 2012 (First Presentation)
January 30, 2012 Page 6 of 52
Secs. 64-2246—64-2264. - Reserved.
DIVISION 2. - PERMITS
Sec. 64-2265. - Required.
Sec. 64-2266. - Fees.
Sec. 64-2267. - Application.
Sec. 64-2268. - Rejection.
Sec. 64-2269. - Revocation.
Sec. 64-2270. - Variance.
Sec. 64-2271. - Suspension; termination.
Sec. 64-2272. - Expiration date.
Secs. 64-2273—64-2291. - Reserved.
Sec. 64-2265. - Required.
(a)
Except where specifically not required by the standards of this article, it shall be unlawful for any person to post,
display, materially change, or erect a sign in the city without first having obtained a sign permit. Notwithstanding the
foregoing, signs which are not visible from a public right-of-way, private drive, public space, or from neighboring residential
properties shall not be subject to the standards of this article.
(b)
All applicants for signs that incorporate electricity must obtain an electrical permit;
(c)
.All applicants for any sign that is greater than eight feet in height (as measured from grade) and greater than 32
square feet in area must obtain a building permit. See Section 64 -2302.
(Ord. No. 09-04-40, art. 33, § 6, 4-27-2009)
Sec. 64-2266. - Fees.
No permit shall be issued until the appropriate application has been filed with the director and fees, as set from time
to time by ordinance of the City Council, have been paid.
(Ord. No. 09-04-40, art. 33, § 7, 4-27-2009)
Sec. 64-2267. - Application.
(a)
Contents. Applications for sign permits required by this article shall be filed in duplicate by the person owning the
subject property, or the owner's agent, in the office of the Director upon forms furnished by that office. The
application shall describe and set forth the following:
(1)
The type and purpose of the sign as defined in this article;
(2)
The value of the sign;
(3)
A survey to scale showing the street address of the property upon which the subject sign is to be located,
the proposed location of subject sign on subject property, the distance of the proposed sign from the
subject property's boundaries, and all existing structures or buildings on the subject property;
(4)
The square foot area per sign and the aggregate square foot area if there is more than one sign face;
(5)
RZ11-17 – Text amendment to the Sign Ordinance prepared for the Mayor and City Council Meeting on February 6, 2012 (First Presentation)
January 30, 2012 Page 7 of 52
The name and address of the owner of the real property upon which the subject sign is to be loc ated;
(6)
The property owner's written consent, or his or her agent, granting permission for the placement,
maintenance, size, and height of the subject sign to be placed on the property;
(7)
For wall signs, two sets of building elevations;
(8)
The name, address, telephone number, and business license number of the sign contractor.
(9)
Sign details, including a proposed color scheme of sign, and scaled elevation of the size and height of the
proposed sign from ground level and adjacent street level; and
(10)
The zoning district in which the subject property is located and a statement of compliance with all
requirements of the zoning district.
(Ord. No. 09-04-40, art. 33, § 8, 4-27-2009)
Sec. 64-2268. - Rejection.
(a)
Incomplete, false statements. The director shall reject any application that is incomplete, that contains false material
statements or omissions, or that is for a sign which would violate any standard within this article within 30 business
days of receipt of said application.
(b)
Processing time; notice; denial. The city shall process all complete and accurate sign permit applications within 30
business days of the city's actual receipt of a complete and accurate application and upon remittance of the
appropriate sign permit fee. The director shall give notice to the applicant of his or her decision by hand delivery or
by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or
before the 30th business day. If the decision of the director is to deny the application, the decision shall state the
grounds upon which the denial is based. Failure of the city to act within the 30 -day period shall be deemed a denial
of the permit. If notice is mailed in conformity with this section, notic e shall be deemed to have been given upon the
date of mailing. Any application meeting the standards of this article will be granted. Any application not meeting the
standards of this article will be denied.
(c)
Appealable. A rejection pursuant to this section shall be appealable pursuant to the procedures for zoning appeals
outlined in this zoning ordinance. However, notwithstanding the foregoing, a final decision of an appeal of the denial
of a sign permit will be rendered within 80 days from the date an appeal is filed. If a final decision of an appeal of the
denial of a sign permit is not rendered within the 80-day period, the decision sought to be appealed shall be
affirmed.
(d)
Resubmission. A rejected application later resubmitted in conformity with this article shall be deemed to have been
submitted on the date of resubmission, instead of the original submission date. An application which is resubmitted
shall meet all the standards for an original application.
(Ord. No. 09-04-40, art. 33, § 9, 4-27-2009)
Sec. 64-2269. - Reserved.
Sec. 64-2270. - Variance.
(a)
Limitations. The Board of Zoning Appeals shall be allowed to grant variances to this article.
(b)
Timing. The Board of Zoning Appeals shall hear and decide upon a variance to this article within 80 days of the
submission of a complete and accurate application for variance to this article. If a decision on the variance is not
rendered within 80 days, then the petition shall be deemed approved.
(c)
Procedure. Except as modified by this article, the procedures for requesting a variance from the standards of this
article shall be the same procedures as that for seeking a variance from the city's ordinances regul ating zoning.
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(d)
Standards. The standards which shall be considered for granting a variance from the standards of this article shall
be only the following:
(1)
Relief to this article may only be granted where existing foliage or structures bring about a hardship
whereby a sign meeting the maximum letter size, square footage and height requirements cannot be read
from an adjoining road; or
(2)
The application of the particular provision of this Zoning Ordinance to a particular piece of property, due to
extraordinary and exceptional conditions pertaining to that property because of its size, shape, or
topography, would create an unnecessary hardship for the owner while causing no detriment to the public.
(Ord. No. 09-04-40, art. 33, § 11, 4-27-2009; Ord. No. 09-06-44, art. XXXIII, § 11, 6-15-2009)
Sec. 64-2273. - Expiration date.
(a)
A sign permit shall become null and void if the sign for which the permit was issued has not been installed and
completed within six months after the date of issuance; provided, however, that where an applicant can demonstrate
that a commercial entity was timely engaged to construct the permitted sign, but the fabrication has not yet been
completed, one 90-day extension may be granted by the director.
(b)
No refunds shall be made for a permit after the permit is issued. If later an individual desires to er ect a sign at the
same location, a new application for the sign must be processed and another fee paid in accordance with the fee
schedule applicable at such time.
(Ord. No. 09-04-40, art. 33, § 13, 4-27-2009)
Secs. 64-2274—64-2291. - Reserved.
DIVISION 3. - ADDITIONAL PROVISIONS
Sec. 64-2292. - Business license tax certificate, public liability insurance required.
Sec. 64-2293. - Identification labels; inspection; notice.
Sec. 64-2294. - Signs requiring no permit.
Sec. 64-2295. - Prohibited signs and devices.
Sec. 64-2296. - Violations; penalties.
Sec. 64-2297. - Nonconforming signs.
Sec. 64-2298. - Removal of unlawful or dangerous signs.
Sec. 64-2299. - Sign location.
Sec. 64-2300. - Measurement of sign area.
Sec. 64-2301. - Measurement of sign height.
Sec. 64-2302. - Construction standards.
Sec. 64-2303. - Restrictions based on location.
Secs. 64-2304—64-2322. - Reserved.
Sec. 64-2292. - Business license tax certificate, public liability insurance required.
It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the city, unless
and until such entity shall have obtained an occupation tax certificate or business license issued in the State of Georgia, and
a certificate of insurance from an insurance company authorized to do business in the state evidencing that the entity has in
effect public liability and property damage insurance in the sum of $25,000.00 for property d amage for any one claim, and
public liability insurance in an amount not less than $100,000.00 for injuries, including accidental death to one person. The
certificate of insurance shall state that the insurance carrier shall notify the city 30 days in adva nce of any termination or
restriction of the coverage, including nonrenewal, cancellation, and nonpayment of any premium.
(Ord. No. 09-04-40, art. 33, § 14, 4-27-2009)
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Sec. 64-2293. - Identification labels; inspection; notice.
(a)
Identification labels. With each sign permit, the Director shall issue a sticker bearing the same number as the permit
with which it is issued. It shall be the duty of the permittee or his or her agent to affix such sticker to the sign in the
lower right hand area so it is easily seen. The absence of a proper sticker shall be prima facie evidence that the sign
has been, or is being, erected or operated in violation of the standards of this article.
(b)
Inspection. The Director shall inspect all existing signs in the city to determine if such signs conform to the standards
of this article. Identification stickers shall be provided for all signs in order to identify existing conformin g and
nonconforming signs.
(Ord. No. 09-04-40, art. 33, § 15, 4-27-2009)
Sec. 64-2294. - Signs requiring no permit.
The following shall not count toward the total amount of signage allowed and no permit is required so long as all
standards in this article are met, including the following:
(1)
Numerals displayed for the purpose of identifying property location not to exceed eight inches in height;
(2)
Flags;
(3)
Door signs not to exceed one square foot in size and not more than one sign per door; and
(4)
Temporary standard informational signs in all districts.
(Ord. No. 09-04-40, art. 33, § 16, 4-27-2009)
Sec. 64-2295. - Prohibited signs and devices.
The following types of signs are prohibited in the City:
(1)
Moving signs, sandwich boards and signs applied directly to sidewalk or curb (except where specifically
allowed), balloons, streamers or air or gas filled figures and other similar temporary signs, except where
permitted in section 64-2303
(2)
Beacons, search lights, laser lights or images.
(3)
Audible signs.
(4)
Signs in right-of-way, other than those belonging to a government, public service agency, or railroad.
(5)
Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or
traffic control box and cell towers.
(6)
Roof signs, Marquee signs
(7)
Portable signs, except that signs posted in the window of a vehicle, totaling one square foot, shall be
permitted, unless the vehicle is parked within a nonresidential district or AG-1 (Agricultural) developed with
a nonresidential use, with the intent to sell that vehicle.
(8)
Obscene signs.
(9)
Illegal activity signs.
(10)
Signs not maintained.
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(11)
Abandoned signs.
(12)
Animated signs, flashing signs, rotating signs, and changeable copy signs.
(13)
Imitation traffic signs.
(14)
Graffiti.
(15)
Sign kiosks.
(16)
Signs attached to or painted on natural objects.
(17)
Temporary signs and banners attached to fences or walls, unless specifically allowed.
(18)
Internally illuminated window signs, including neon, except as specifically allowed.
(19) Signs in landscape strip, unless approved by the City Arborist.
(Ord. No. 09-04-40, art. 33, § 17, 4-27-2009)
Sec. 64-2296. - Reserved
Sec. 64-2297. - Nonconforming signs.
(a)
Maintained. A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution
or interchange of poster panels, painted boards, or dismountable material on nonconforming signs shall be
permitted. All nonconforming signs shall be maintained in good repair.
(b)
Repairs. Minor repairs and maintenance of nonconforming signs shall be permitted; however, no structural repairs or
changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the
standards of this article. To the extent that any sign allowable hereunder is damaged or destroyed by an act of God
or by other circumstances beyond control of the owner of the sign, then such sign may be repaired without regard to
the restrictions of this subsection.
(c)
Grandfathering. Legal nonconforming signs may stay in place until one of the following conditions occurs:
(1)
The business on which the property on which the sign is located ceases operation for at least six
consecutive months.
(2)
The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or
unkempt; or
(3)
The sign has been damaged to such extent that more than minor repairs or a material change is required to
restore the sign. No structural repairs or change in shape or size shall be permitted except to make the sign
comply with all standards of this article. To the extent that any sign allowable hereunder is damaged or
destroyed by an act of God or by other circumstances beyond control of the owner of the sign then such
sign may be repaired without regard to the restrictions of this subsection.
(Ord. No. 09-04-40, art. 33, § 19, 4-27-2009)
Sec. 64-2298. – Reserved
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Sec. 64-2299. - Sign location.
(a)
Obstructions to doors, windows or fire escapes. No sign shall be erected, relocated, or maintained so as to prevent
free ingress or egress from any door, window, or fire escape.
(b)
Signs not to constitute traffic hazard. No sign or any part thereof, except authorized traffic signs, shall be located in
any government right-of-way. No sign, except authorized traffic signs, may be located any closer than 20 feet to an
intersection as measured from the intersection of the two rights -of-way.
(c)
Setback. Unless a more restrictive setback is specified in conditions of zoning or otherwise in this article, all
permanent ground signs shall set back 20 feet from the edge of pavement . No sign, except authorized traffic signs,
shall project over the right-of-way.
All temporary signs, as described in Sec. 64-2303, shall be placed at least 15 feet from the edge of pavement. No
signs shall be placed between the road and the back of the landscape strip.
(Ord. No. 09-04-40, art. 33, § 21, 4-27-2009)
Sec. 64-2300. - Measurement of sign area.
(a)
Size generally. The area of a sign shall be computed as the area within the smallest continuous polygon comprised
of not more than eight straight lines enclosing the limits of a sign face, together with any sign face cabinet or frame
or material, texture, or color forming an integral part of the sign face used to differentiate the sign face from the
structure upon which it is placed. If polygons established around wall signs located on the same street oriented wall
are within 24 inches or less of one another, then the area of the sign shall be measured within one continuous
polygon.
(b)
Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights on which
the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and
are purely structural or decorative in nature, other than those parts contained within the polygon that delineates the
sign face.
(c)
Multi-faced signs. For multi-faced signs, when the sign face surfaces are back-to-back, or where the interior angle
formed by the faces is 45 degrees or less, the area of the sign shall be taken as the areas on the largest side. For all
other multi-faced signs, the area of the sign shall be the total area on all sides .
(d)
Three-dimensional signs. Three-dimensional signs shall not exceed two inches from surface.
(Ord. No. 09-04-40, art. 33, § 22 , 4-27-2009)
Sec. 64-2301. - Measurement of sign height.
The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top
of the highest attached component of the sign. Normal grade shall be construed to be the lower of:
(1)
Existing grade prior to construction; or
(2)
The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating
solely for the purpose of locating the sign.
(Ord. No. 09-04-40, art. 33, § 23 , 4-27-2009)
Sec. 64-2302. - Construction standards.
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(a)
Building codes. All permanent signs permitted under this Code shall be constructed and maintained in accordance
with the applicable City building codes . For any sign that is greater than eight feet in height (as measured from
grade) and greater than 32 square feet in area, the permittee must submit, with its building permit application,
detailed structural design drawings of the sign and its foundations. Such drawings must include the foundation,
supporting structure and sign face and must be certified by a professional structural engineer, licensed in the state of
Georgia.. The certifying engineer shall provide an insurance certificate indicating it carries a minimum of
$1,000,000.00 of professional liability insurance.
(b)
Faces. The face of the sign shall be flat, with protrusions of no more than two inches to allow for the texture of the
sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements. No sign or other
advertising structure shall be constructed so as to have nails, tacks, or wires protruding therefrom. Sign faces shall
be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood.
(c)
Illumination. Signs may be externally illuminated where permitted pursuant to this article. Colored lighting is
prohibited. Where external illumination is permitted for freestanding signs, the source of illumination shall be
screened from the view of the general public with shrubs.
(d)
Construction of bases. Except in the overlay districts, freestanding signs shall have a base not less than one-third
the width of the sign face. Base must also be wood or brick or stone or have the appearance of wood, brick or stone
or other materials which are compatible with the main structure as approved by the community development
department director.
(e)
Landscaping. Landscaping and grass shall be maintained in front of, behind, underneath, and around the base of
freestanding signs.
(Ord. No. 09-04-40, art. 33, § 24 , 4-27-2009)
Sec. 64-2303. - Restrictions based on location.
If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this section shall be
prohibited in that district, except as otherwise provided for under this article. The following standards govern signs within
specific zoning districts. The following signs shall be setback at least 15 feet from the edge of pavement.
(1)
Signs permitted in all zoning districts.
a. Temporary signs are permitted in all zoning districts, per the following standards:
1. Signs during construction. One sign shall be allowed during construction. A permit shall be
required. The sign may be externally illuminated, shall not exceed 12 square feet in area and five
feet in height, and shall be allowed beginning with the commencement of construction and ending
with the issuance of the last certificate of occupancy or two years, whichever one shall first occur.
Thereafter, the permittee may reapply for a renewal permit subject to same termination conditions
as set forth in this subsection.
2. Temporary standard informational signs. Each lot and/or development may display one standard
informational sign not exceeding four square feet without a permit, except that during a political
election or referendum, between the date of qualification of the candidate or the referendum
question and final determination on each ballot issue or candidate, each lot may display an
unlimited number of standard informational signs. All such signs shall be removed within seven
calendar days after the purpose of which the sign is intended has been accomplished.
3. Signs during the sale or lease of property. During the sale or lease of property, one sign per
road frontage of the property for sale or lease, shall be allowed. The sign shall not be internally
illuminated. The sign shall not exceed 9 square feet on major roads, and 6 square feet on all other
roads. A permit shall be required for signs greater than 6 square feet.
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Major roads include:
US Hwy 19 (GA 400) McGinnis Ferry Road
State Route 9 Arnold Mill Road/State Hwy 140
Windward Parkway Birmingham Hwy/State Hwy 372
Cogburn Road Hopewell Road
New Providence Road
b. Banners are permitted in all zoning districts, per the following standards;
Banners shall be allowed for a period not exceeding ten consecutive days, with no more than four
such ten-consecutive-day periods being permitted per calendar year, per lot.
In addition, each new business shall be allowed a banner for 30 consecutive days starting from the
issuance of the business license or occupational tax certificate. All banners mounted on the
ground must be supported on all sides by a PVC frame or its equivalent.
Banners shall not be more than 24 square feet. A permit shall be required. No banner shall be
mounted so as to extend above the horizontal plane of the roof where the building wall and roof
meet or shall not extend more than five feet above grade when on t he ground.
(2)
AG-1 (Agricultural district).
a. Freestanding signs.
Within the AG-1 (Agricultural district), standards for freestanding signs are as follows:
1.
One maximum 32-square foot, freestanding sign per business or institutional lot shall be
permitted for each street on which the lot has frontage.
2.
One maximum 32-square foot, freestanding sign or two single-faced freestanding signs
not to exceed 16 square feet each, shall be permitted for each side of a platted single-
family subdivision entrance.
3.
Freestanding signs shall have a maximum height of six feet from finished grade, and may
be externally illuminated, and the light shall be screened from view with evergreen
plantings as approved by the community development department director. Signs shall
not have changeable copy.
b. Other signage
1.
Each residence may display up to 12 square feet of signage with no single sign greater
than four square feet.
2.
Each development may post one banner, maximum 24 square feet, maximum 5 feet tall,
for a maximum of 40 days, during graduation season (from May 1st to June 15th). A
permit is not required.
c. Flags.
Each development may display no more than one flag and flagpole and, in addition, each
single family detached residential lot within each development may display not more than
one flag and flagpole. The flagpole shall not exceed 25 feet in height. Flag size shall not
be more than 24 square feet.
(3)
Single-family residential, CUP and NUP districts. Within the single-family residential, CUP and NUP
districts, standards for freestanding signs are as follows:
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1.
One maximum 32-square foot, freestanding sign per business or institutional lot shall be
permitted for each street on which the lot has frontage.
2.
One maximum 32-square foot, freestanding sign or two single-faced freestanding signs
not to exceed 16 square feet each, shall be permitted for each side of a platted single-
family subdivision entrance.
3.
Freestanding signs shall have a maximum height of six feet from finished grade, and may
be externally illuminated, the light shall be screened from view with evergreen plantings
as approved by the Director, and shall not have changeable copy.
4.
Each lot may display no more than one flag and flagpole. The flagpole shall not exceed
20 feet in height. Flag size shall not be more than 24 square feet.
5.
Each residence may display up to 12 square feet of signage with no single sign greater
than four square feet.
6. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall,
for a maximum of 40 days, during graduation season (from May 1st to June 15th). A
permit is not required.
(4)
Apartment and townhouse residential districts.
Within the apartment and townhouse residential districts, standards for signs are as follows:
a. Freestanding signs.
1.
One freestanding sign per right-of-way frontage shall be permitted, and it shall be located
at the project entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Freestanding signs shall not have changeable copy.
5.
Freestanding signs may be externally lighted. The light shall be screened from view with
evergreen plantings as approved by the community development department director.
6.
The freestanding sign structure shall be constructed of the same material as the
predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the Director.
b.
Other signage.
1.
Each residence may display up to 12 square feet of signage with no single sign greater
than four square feet.
2.
Each development may post one banner, maximum 24 square feet, maximum 5 feet tall,
for a maximum of 40 days, during graduation season (from May 1st to June 15th). A
permit is not required.
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c.
Flags.
Each development may display no more than one flag and flagpole. The flagpole shall
not exceed 25 feet in height. Flag size shall not be more than 24 square feet.
(5)
O-I districts. Within the office-institutional districts, standards for signs are as follows:
a.
Billboards.
1.
Along, and oriented toward, state-numbered primary routes or national highways only;
2.
At least 500 feet from all residential or AG-1 zoning districts;
3.
Minimum 50-foot setback from right-of-way;
4.
Minimum of 1,500 feet from any other billboards or freestanding sign, except standard
informational signs;
5.
The lot on which the billboard is located shall have sufficient area to accommodate the
fall zone, and except for the sign, no parking areas, pedestrian areas, roadways,
buildings, structures, or appurtenances shall be contained in the fall zone;
6.
Maximum of 12 feet in height.
b..
Freestanding signs.
1.
There may be one freestanding sign per right-of-way frontage and it shall be located at
the project entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Signs may be externally lighted. The light shall be screened from view with evergreen
plantings as approved by the community development department director.
6.
The freestanding sign structure shall be constructed of the same material as the
predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
c.
Wall signs.
1.
Businesses may have no more than two wall signs. Single tenant building and end units
of multi tenant buildings may have an additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12 square feet.
3.
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A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size
shall be two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall sign shall not cover architectural features or details and not extend beyond the roof
line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
d. Flags. Each development may display no more than one flag and flagpole. The flagpole shall
not exceed 25 feet in height. Flag size shall not be more than 24 square feet.
(6)
Mixed-use districts. Within the mixed-use districts, standards for signs are as follows:
a.
Freestanding signs.
1.
There may be one freestanding sign per right-of-way frontage, located at a project
entrance.
2.
Maximum height shall be six feet.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Signs may be externally lighted. The light shall be screened from view with evergreen
plantings as approved by the community development department director.
6.
The freestanding sign structure shall be constructed of the same material as the
predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
b.
Wall signs.
1.
Businesses may have no more than two wall signs. Single tenant buildings and end units
of multi tenant buildings may have an additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12 square feet.
3.
A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size
shall be two square feet.
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4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall signs shall not cover architectural features or details and not extend b eyond the roof
line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the Director.
b.
Other signage.
1.
Each residence may display up to 12 square feet of signage with no single sign greater
than four square feet.
2.
Each development may post one banner, maximum 24 square feet, maximum 5 feet tall,
for a maximum of 40 days, during graduation season (from May 1st to June 15th). A
permit is not required.
c. Flags.
Each development may display no more than one flag and flagpole. The flagpole shall
not exceed 25 feet in height. Flag size shall not be more than 24 square feet.
(7)
Commercial and Industrial Park districts (M-1A). Within the commercial and industrial park districts,
standards for signs are as follows:
a.
Billboards. Within commercial (C-1) and industrial park (M-1A) districts,
1.
Along, and oriented toward, state-numbered primary routes or national highways only;
2.
At least 500 feet from all residential or AG-1 zoning districts;
3.
Minimum 50-foot setback from right-of-way;
4.
Minimum of 1,500 feet from any other billboards or freestanding sign, except standard
informational signs;
5.
The lot on which the billboard is located shall have sufficient area to accommodate the
fall zone, and except for the sign, no parking areas, pedestrian areas, roadways,
buildings, roadways, structures, or appurtenances shall be contained in the fall zone;
6.
Maximum of 12 feet in height; and
7.
In compliance with applicable height standards for the district in which located.
b.
Freestanding signs.
1.
There may be one freestanding sign per right-of-way frontage, and it shall be located at a
project entrance.
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2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Sign may be externally lighted. The light shall be screened from view with evergreen
plantings as approved by the community development department director.
6.
The freestanding sign structure shall be constructed of the same material as the
predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the Director.
c.
Wall signs.
1.
Businesses may have no more than two wall signs. Single tenant buildings and end units
of multi tenant buildings may have one additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12 square feet or
three percent of the wall area.
3.
The second sign, if used, shall be perpendicular to the wall. The maximum size shall be
two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall signs shall not cover architectural features or details and not extend beyond the roof
line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the Director.
d.
Flags.
Each development may display no more than one flag and flagpole. The flagpole shall not exceed
25 feet in height. Flag size shall not be more than 24 square feet.
(8)
Industrial districts. Within industrial districts, standards for signs are as follows:
a.
Billboards. Within industrial districts (M-1 and M-2),
1.
Along, and oriented toward, state-numbered primary routes or national highways only;
2.
At least 500 feet from all residential or AG-1 zoning districts;
3.
Minimum 50-foot setback from right-of-way;
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4.
Minimum of 1,500 feet from any other billboards or freestanding sign, except standard
informational signs;
5.
The lot on which the billboard is located shall have sufficient area to accommodate the
fall zone, and except the sign, no parking areas, pedestrian areas, roadways, buildings,
structures, or appurtenances shall be contained in the fall zone;
6.
Maximum of 12 feet in height; and
7.
In compliance with applicable height standards for the district in which located.
b.
Freestanding signs.
1.
There may be one freestanding sign per right-of-way frontage, located at the project
entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Signs may be externally lighted. The light shall be screened from view with evergreen
planting as approved by the community development department director.
6.
The freestanding sign structure shall be constructed of the same material as the
predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the Director.
c.
Walls signs.
1.
Businesses may have no more than two wall signs. Single tenant buildings and end units
of multi tenant buildings may have one additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12 square feet.
3.
The second sign, if used, shall be perpendicular to the wall. The maximum size shall be
two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall signs shall not cover architectural features or details and not extend beyond the roof
line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the Director.
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d.
Flags.
Each development may display no more than one flag and flagpole. The flagpole shall not
exceed 25 feet in height. Flag size shall not be more than 24 square feet.
(9)
Mobile home park districts. Within mobile home park districts, standards for signs are as follows:
a.
Freestanding signs.
1.
There may be one freestanding sign per right-of-way frontage, and it shall be located at a
project entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Signs may be externally lighted. The light shall be screened from view with evergreen
plantings as approved by the community development department director.
6.
The freestanding sign structure shall be constructed of the same material as the
predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the Director.
8.
Each residence may display up to 12 square feet of signage with no single sign greater
than four square feet.
b.
Other signage.
1.
Each development may display up to 12 square feet of signage with no single sign
greater than four square feet.
2.
Each development may post one banner, maximum 24 square feet, maximum 5 feet tall,
for a maximum of 40 days, during graduation season (from May 1st to June 15th). A
permit is not required.
c. Flags.
Each development may display no more than one flag and flagpole. The flagpole shall
not exceed 25 feet in height. Flag size shall not be more than 24 square feet.
(Ord. No. 09-04-40, art. 33, § 25 , 4-27-2009)
Secs. 64-2304—64-2322. - Reserved.
DIVISION 4. - OVERLAY DISTRICTS
Sec. 64-2323. - This division takes precedence.
Sec. 64-2324. - State Route 9 Overlay District signs.
Sec. 64-2325. - Crabapple Crossing Overlay District signs.
Sec. 64-2326. - Birmingham Crossing Overlay District signs.
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Sec. 64-2323. - This division takes precedence.
The standards and requirements of this division shall take precedence over citywide standards and requirements
within the boundaries of the given overlay district.
(Ord. No. 09-04-40, art. 33, § 26 , 4-27-2009)
Sec. 64-2324. - State Route 9 Overlay District signs.
In the State Route 9 Overlay District the following signage standards shall apply:
(a)
All freestanding signs shall be monuments with the width of the base equal to the width of the sign face. The
structure and base should match the principal building materials.
(b)
Multi tenant developments are allowed one primary monument for the overall development which shall not exceed a
maximum surface area of 48 square feet and a maximum height of 12 feet.
(c)
Multi tenant developments on corner lots are allowed an additional monument sign on the secondary street at the
project entrance which shall not exceed a maximum surface area of 24 square feet and a maximum height of four
feet.
(d)
For multi tenant retail, commercial, office, or institutional developments:
1. Each tenant is allowed one, maximum 24 square foot banner, per the time limits stated in Section 64-2303.
2. The banner shall be placed on the tenant’s storefront or wall space.
3. If building location renders installation on the wall not visible from the road, an administrative variance may
be applied for to allow the banner to be installed on the ground. The variance shall condition the banner
placement to a specific location on the development.
i.) All ground mounted banners shall be installed on a PVC frame, or its equivalent.
ii.) If the banner is required to be placed behind a fence, the banner shall have a maximum
height of 12 feet.
4. No more than four ground mounted banners may be displayed in a zoned development at one time.
(e)
Single tenant sites and outparcels are limited to one monument which shall not exceed a maximum surface area of
32 square feet and a maximum height of six feet.
(f)
Gas stations, convenience stores, discount warehouses and similar facilities that sell gasoline may have an
additional 24 square feet of surface area and not to exceed six feet in height.
(g)
Two or more businesses that share a single tenant space are limited to one monument sign, which shall not exceed
a maximum surface area of 32 square feet and a maximum height of six feet.
(h)
Monument signs shall be set back a minimum ten feet from the public right-of-way and shall be a minimum of 35 feet
from any other identification monument.
(i)
Each place of business is allowed a maximum of two wall signs.
(j)
Wall signs shall face public streets and pedestrian parking areas.
(k)
Wall signs shall not exceed 100 square feet or five percent of the applicable wall area, whichever is less. The length
of the sign shall not exceed ten times the height of the sign.
(l)
Permanent and temporary signs in windows shall not exceed twenty percent of each window. The area of the doors
and spandrel glass panels are excluded from the calculation of the applicable sign area. The area of clerestory
windows is excluded from the calculations of the applicable sign area.
(m)
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The following information may be permanently displayed in windows or glass doors and is exempt from the twenty
percent limit: street address, required to be posted by local, state or federal governments. The lettering for this
information shall be four inches tall or as required by fire prevention code. Also exempt are store hours and security
information.
(n)
As an exception to the prohibition in (r), each commercial establishment shall be entitled to either one sign,
maximum 4 square feet, which may be neon or LED OR two signs, each a maximum of 2 square feet, of which
only one may be neon or other illumination. Such signs shall be positioned on the interior as a window sign, not
more than 10 feet from the floor, with at least one sign being not more than 5 feet from the entrance to the
commercial establishment. The signs are expressly prohibited from blinking, flashing or fluctuating and may not
be animated in any way and may only be illuminated during the time the establishment is open to the public for
business."
Notwithstanding the prohibitions contained in subsection (r) below, each commercial establishment shall be entitled
to a maximum of two internally illuminated window signs. If the establishment has a single internally illuminated
window sign, the sign may be a maximum of four square feet in size and may be neon or LED illumination. If the
establishment has two internally illuminated window signs, neither sign may be larger than two square feet in size
and only one may be neon or LED, while the second may be of other illumination. All internally illuminated window
signs shall be position on the interior as a window sign, not more than ten feet from the floor, with at least one sign
being not more than five feet from the main public entrance to the commercial establishment. None of the internally
illuminated window signs may blink, flash, fluctuate or be animated in any way. Internally illuminated window sings
may only be illuminated during the time the commercial establishment is open to the public for business.
Any sign on or within 5 feet of a window is considered a window sign for purposes of application of this Section.
(o)
Wall signs shall be flush against the wall, not cover architectural features or details, and not extend beyond the roof
line or outer edges of the building.
(p)
Awnings and canopy signs with names are considered signs and may be substituted for monument or wall signs. If
substituted, they shall be included in the maximum size calculations.
(q)
The architectural color standards of the district apply only to the si gn structure not to the sign face. See the following
table.
(r)
Permitted Colors for Sign Structure
The following numbers refer to the Pantone
Matching System, an international color matching system
White Reds
168C, 181C,
483C, 484C,
675C, 1685C, 4975C
Browns, Beiges and Tans
462C to 468C;
4625C to 4685C,
469C, 474C, 475C;
4695C to 4755C
478C,
719C to 724C
725C to 731C
476U to 482U
719U to 725U
726U to 732U
Red-Browns
1154U, 1395
1405U
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The following types of signs are prohibited:
(1)
a) posters, placards
b) blinking, rotating, projecting, flashing, fluctuating or otherwise animated
c) pylon, pole, lollypop
d) roof, marquee
e) portable, attached to vehicles
f) sandwich, a-frame
g) changeable copy signs
h) electronic/manual reader boards, changeable copy
i) Internally illuminated window signs (except as allowed in Section 64 -2324(n))
(2)
Vehicles with lettering or graphics greater than two inches in height identifying or promoting a business or
commercial activity shall not be parked or stored within 100 feet of the curb of any public right -of-way. This
standard does not apply to vehicles used regularly for delivery, pick-ups, service calls, or transporting
customers, except that such vehicles shall not be parked within 50 feet of the curb of any public right -of-
way after hours if the vehicles are visible from the public right-of-way.
(s)
Wall signs may be internally illuminated.
(t)
Monument signs shall be externally illuminated.
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STATE ROUTE 9 OVERLAY DISTRICT MAP.
(Ord. No. 09-04-40, art. 33, § 26.1, 4-27-2009)
.....
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Sec. 64-2325. - Crabapple Crossing Overlay District signs.
In the Crabapple Crossroads Overlay District the following signage standards shall apply:
(a)
Freestanding signs.
(1)
All freestanding signs must meet the following standards:
a.
Signs shall not have changeable copy including, but not limited to, scrolling, rotating, flashing, and
computerized changeable copy. Theatres, schools, churches, parks and gas stations may have
changeable copy that is changed manually.
b.
If illumination is used, the sign shall be externally illuminated. The light shall be screened from
view with evergreen plantings as approved by the community development department director.
c.
The sign structure shall be constructed of wood, brick or st one or a material which has the
appearance of wood, brick, or stone as approved by the community development department
director and to the extent possible shall be the same material as the predominant material of the
principal building.
d.
The sign face and sign letters shall be made out of wood, a material which has the appearance of
carved, distressed, or sandblasted wood or stone as approved by the community development
department director. Plastic inserts are prohibited.
e.
The sign may be supported either on one side or on both sides (i.e., shingle sign).
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(2)
For nonresidential multi tenant building and developments, freestanding signs must meet the following
standards:
a.
The maximum height shall be eight feet from finished grade.
b.
The maximum size of the sign area shall be 32 square feet.
c.
There may be one sign per right-of-way frontage and it shall be located at a project entrance.
(3)
For nonresidential single tenant buildings, freestanding signs must meet the following standards:
a.
Maximum height shall be six feet from finished grade.
b.
The maximum size of the sign area shall be 20 square feet.
c.
There may be one sign per right-of-way frontage and it shall be located at a project entrance.
(4)
For residential uses, freestanding signs must meet the following standards:.
a.
Maximum height shall be six feet from finished grade.
b.
Each residential development may have a maximum of two, 12 square foot freestanding signs,
which shall not exceed 24 square feet each, or one 16 square foot sign per entrance.
RZ11-17 – Text amendment to the Sign Ordinance prepared for the Mayor and City Council Meeting on February 6, 2012 (First Presentation)
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(b)
Wall signs must meet the following standards:
(1)
Wall signs shall not have changeable copy.
(2)
If illuminated, wall signs shall be externally illuminated and directed downward.
(3)
Wall sign shall not cover architectural features or details and not extend beyond the roof line. Wall signs
can hang from the building.
(4)
Wall sign faces shall be made out of wood or other material which has the appearance of carved,
distressed, or sandblasted wood as approved by the Director.
(5)
A business may have one wall sign. The sign can be flush against the wall or it can hang from the building.
The size shall be three percent of the applicable wall area. Single tenant buildings and end units of multi
tenant buildings may have an additional wall sign.
(6)
A business may have an additional sign perpendicular to the wall with a maximum sign area size of four
square feet.
(c) Other signage
(1)
Permanent and temporary signs in windows shall not exceed twenty percent of each window.. The area of
the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. The area
of clerestory windows is excluded from the calculations of the applicable sign area.
Such signs shall be positioned on the interior as a window sign, not more than 10 feet from the floor, with at
least one sign being not more than 5 feet from the entrance to the commercial establishment. The signs are
expressly prohibited from blinking, flashing or fluctuating and may not be animated in any way, and may only
be illuminated during the time the establishment is open to the public for business."
Notwithstanding the prohibitions contained in subsection (r) below, each commercial establishment sha ll be
entitled to a maximum of two internally illuminated window signs. If the establishment has a single internally
illuminated window sign, the sign may be a maximum of four square feet in size and may be neon or LED
illumination. If the establishment has two internally illuminated window signs, neither sign may be larger
than two square feet in size and only one may be neon or LED, while the second may be of other
illumination. All internally illuminated window signs shall be position on the interior as a window sign, not
more than ten feet from the floor, with at least one sign being not more than five feet from the main public
entrance to the commercial establishment. None of the internally illuminated window signs may blink, flash,
fluctuate or be animated in any way. Internally illuminated window sings may only be illuminated during the
time the commercial establishment is open to the public for business.
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(2) A business may have one sandwich board sign. Sign shall be:
a) single or double faced
b) metal or wood framed (no plastic)
c) black or green, chalkboard type face
d) located per ADA compliance (minimum 36 inches from the building); no more than 10 feet from
building
e) located so as not to impede pedestrian or vehicular traffic
f) not placed in tree island or landscape strip
g) maximum height of four feet, six square feet per panel
h) brought inside at the close of business
(d)
Sign structure colors. Permitted colors for Crabapple Crossroads sign structures shall be limited to those listed in the
table below.
(e)
The following types of signs are prohibited:
1. monument
2. pylon, pole, lollypop, projecting signs
3. roof, marquee
4. electronic or manual reader boards, changeable copy signs
5. any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated
6. portable, excluding sandwich signs
7. posters, placards
Permitted Colors for Sign Structure
The following numbers refer to the Pantone
Matching System, an international color matching system
1807C
2C-7C
289C
316C
401-405C
407-412C
423C
424-425C
448-450C
4485U
4495C
451C
4505C
4515-4525C
455C
462U
464U
476U
478U
484C
4491C
497
553
5536
539
548
5467
5743U
5747U
5757U
5773U
5815U
5835
625U
627U
Warm Grey 5-7C
Warm Grey 8-11
RZ11-17 – Text amendment to the Sign Ordinance prepared for the Mayor and City Council Meeting on February 6, 2012 (First Presentation)
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CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP.
(Ord. No. 09-04-40, art. 33, § 26.2, 4-27-2009)
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January 30, 2012 Page 30 of 52
Sec. 64-2326. - Birmingham Crossing Overlay District signs.
In the Birmingham Crossroads Overlay district, the following sign standards shall apply:
(a)
Freestanding signs.
(1)
All freestanding signs must meet the following standards:
a.
Signs shall not have changeable copy, including scrolling, rotating, flashing, and computerized
changeable copy.
b.
If illumination is used, the sign shall be externally illuminated. The light shall be directed
downwards.
c.
The sign structure shall be constructed of wood, brick or stone and to the extent possible , shall be
the same material as the predominant material of the principal building.
d.
The sign face shall be made out of wood, a material which has the appearance of carved,
distressed, or sandblasted wood, or stone, as approved by the community development
department director. Plastic inserts are prohibited.
e.
The sign may be supported either on one side or on both sides (i.e., shingle sign).
(2)
For nonresidential multi tenant building and developments, freestanding signs must meet the following
standards:
a.
The maximum height shall be eight feet from finished grade.
b.
The maximum size of the sign area shall be 32 square feet.
c.
There may be one freestanding sign per right-of-way frontage.
(3)
For nonresidential single tenant buildings, freestanding signs must meet the following standards:
a.
Maximum height shall be six feet from finished grade.
RZ11-17 – Text amendment to the Sign Ordinance prepared for the Mayor and City Council Meeting on February 6, 2012 (First Presentation)
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b.
The maximum size of the sign area shall be 20 square feet.
c.
There may be one freestanding sign per right-of-way frontage.
(4)
For residential uses, freestanding signs must meet the following standards:
a.
Maximum height shall be six feet from finished grade.
b.
The maximum size shall be 16 square feet.
c.
Each residential development may have a maximum of one sign per entrance.
(b)
Wall signs.
(1)
Wall signs shall not have changeable copy.
(2)
If illuminated, wall signs shall be externally illuminated, with the lighting directed downward.
(3)
Wall sign shall not cover architectural features or details and not extend beyond the roof line.
(4)
Wall sign faces shall be made out of wood or other material which has the appearance of carved,
distressed, or sandblasted wood as approved by the community development department director.
(5)
A business may have one wall sign. The sign can be flush against the wall or it can hang from the building.
The size shall be three percent of the applicable wall area. Single tenant buildings and end units of multi
tenant buildings may have one additional wall sign.
(6)
A business may have an additional sign, perpendicular to the wall, with a maximum sign area size of four
square feet.
(7)
A portion of the wall sign can be placed on an overhang or a canopy.
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(c)
Other signage
(1)
Permanent and temporary signs in windows shall not exceed twenty percent of each window, and shall not
block visibility from outside the store. The area of the doors and clerestory windows are excluded from the
calculation of the applicable sign area. Internally illuminated window signs are prohibited.
(2) A business may have one sandwich board sign. Sign shall be:
a) single or double faced
b) metal or wood framed (no plastic)
c) black or green, chalkboard type
d) location shall be ADA compliant (minimum 36 inches from the building); no more than 10 feet from
building
e) not allowed to impede pedestrian or vehicular traffic
f) not placed in tree island or landscape strip
g) max height of four feet, six square feet per panel
h) brought inside at the close of business
(d)
Sign structure colors. Permitted colors for Birmingham Crossroads sign structures are limited to those listed below.
Permitted Colors for Sign Structure
The following numbers refer to the Pantone
Matching System, an international color matching system
1807C
2C-7C
289C
3316
401-405C
407-412C
412C
415-419C
423C
424-425C
448-450C
4485U
4495C
451C
4505C
4515-4525C
455C
462U
464U
476U
478U
484C
491C
4975
553
5363
539
548
5467
5743U
5747U
5757U
5773U
5815U
5835U
625U
627U
Warm Grey 5-7C
Warm Grey 8-11
RZ11-17 – Text amendment to the Sign Ordinance prepared for the Mayor and City Council Meeting on February 6, 2012 (First Presentation)
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(e)
The following types of signs are prohibited:
1. pylon, pole, lollypop, projecting signs
2. monument signs
3. roof, marquee signs
4. electronic or manual reader boards, changeable copy signs
5. any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated
6. portable, excluding sandwich signs
7. posters, placards
8. internally illuminated wall signs
BIRMINGHAM CROSSROADS OVERLAY DISTRICT MAP.
(Ord. No. 09-04-40, art. 33, § 26.3, 4-27-2009)
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DIVISION 5. – OTHER SIGN REQUIREMENTS
Sec. 64-2327.- Master Signage Plan.
Sec. 64-2327 – Master Signage Plan
a. Purpose
1. A Master Signage Plan is an administrative permit which establishes standards (size, design, location, etc.) for all exterior
signs associated with a multi tenant or multi building development. The master signage plan shall ensure long term aesthetic
compatibility of signage throughout the development. The requirement of this Section shall be in addition to the Overlay
signage requirements of the City of Milton. In the event of any conflict between this Section a nd the Overlay signage
requirements, this Section shall prevail.
2. The goal of a Master Signage Plan is to:
a) Adequately and effectively communicate business identity and type to the public;
b) Promote consistency among signs within a development, thus creating visual harmony between signs, buildings,
landscaping and other components of the property;
c) Enhance the compatibility of signs with the architectural and site design features within a development;
d) Encourage signage that is in character with planned and existing uses, thus creating a unique sense of place;
e) Protect the community from sign clutter and visual blight resulting from excessive and redundant signs.
b. Applicability
1. A Master Signage Plan is required for all new developments and newly zoned multiple tenant, commercial buildings, all multi
building or multi occupant commercial or office developments, all mixed use developments, single family and multifamily
developments.
c. Approval Authority
1. A Master Signage Plan for a property that is undeveloped and does not require rezoning, shall be reviewed by the City of Milton
Department of Community Development as part of the site plan review process, and must be approved by the Director of
Community Development. If the property requires rezoning or a use permit, it shall be reviewed as part of the rezoning/use
permits process, and must be approved by the Mayor and City Council.
A separate sign permit will be required for all non exempt signs (as indicated in the City of Milton sign ordinance).
2. The Master Signage Plan shall utilize the types of signs described in this section to create a harmonious, consistent system of
signage that improves the public safety within the development.
d. Application requirements
A master signage plan application shall be a written and/or illustrated document to depict the proposed signs, which shall
include the following:
a) Proposed sign palette, which may include:
1) Entryway signs
2) Primary multi tenant freestanding signs
3) Secondary multi tenant freestanding signs
4) Single tenant/outparcel freestanding signs
5) Office/industrial park project freestanding sign
6) Residential development freestanding signs
7) Secondary residential development freestanding signs
8) Tenant directory freestanding signs
9) Tenant directory wall signs
10) Directional freestanding signs
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11) Temporary standard informational signs
12) Real estate signs
13) Temporary banners
14) Signs during construction
15) Wall signs
16) Shingle signs
17) Window signs/graphics
18) Awning/canopy signs
19) Tenant informational signs
b) Site plan, drawn to scale, of the entire development/area showing the location of all proposed signs included in the sign
palette;
c) Size and number of all proposed signs, including maximum area, letter height, number height, etc.;
d) Color and style palette for all signs, including context of where signs are to be placed on any given façade;
e) Type of illumination proposed (external, internal, etc.);
f) Landscaping and/or ornamental structures including fences, fountains, public art, ground cover and other landscaping
elements that are intended to complement the proposed sign palette and design;
g) Site location map;
h) Photos of property as it appears from the street;
i) Any other information reasonably required by the Director.
e. Design Guidelines
1. The following sign design guidelines are designed to help ensure quality signs that communicate their message in a clear
fashion. Because not all design criteria may be workable or appropriate for each sign or project, the Director or Mayor and
City Council may allow deviation from the design guidelines in their application to specific signs or projects, where the
proposed Master Signage Plan creates a harmonious, consistent system of signage that improves the public safety within the
development.
The following subsections provide examples of acceptable forms of signage. Pictures are not to scale.
2. Signs by type:
a) Entryway signs. Entryway signs mean ground signs which are placed on the perimeter of a mixed use development,
community or area. Such signs may flank both sides of the entrance and may include ground or landscape wall sign
types. An entryway sign may identify the name of the community and/or interior businesses or communities.
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b) Primary multi tenant freestanding signs. Primary multi tenant freestanding signs means freestanding signs located on a
multi tenant site, and which are orientated to be visible from the road.. Primary multi tenant freestanding signs may
provide formal identification of the entire project to arterial traffic .
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c) Secondary multi tenant freestanding signs. Secondary multi tenant freestanding signs means freestanding signs located
on a corner lot, on a multi tenant site, and which are orientated to be visible from the road. Secondary multi tenant
freestanding signs may provide formal identification of the entire project or one or some of the project’s tenants.
d) Single tenant/outparcel freestanding signs. Single tenant/outparcel freestanding signs means signs located on single
tenant sites and outparcels, and which are orientated to be visible from the road. Single tenant/outparcel freestanding
signs may provide formal identification of the business located on the site.
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e) Office /industrial park project identification freestanding signs. Office/industrial park project identification freestanding
signs means freestanding signs which are located at the entrance to a platted office or industrial park. Office/industrial
park project identification freestanding signs may identify the platted name of the office or industrial park.
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f) Residential development freestanding signs. Residential development freestanding signs means freestanding signs
located at the entrance to a residential development. Residential development freestanding signs may identify the
name of a single family, townhome or apartment development.
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g) Secondary residential development freestanding signs. Secondary residential development freestanding signs
means pillar type freestanding signs which are located at different phases within a residential development, or at the
entrance to an amenity area within a residential development. A secondary residential development freestanding
sign may indicate the name of the phase within a single family or townhome residential development.
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h) Tenant directory freestanding signs. Means ground signs which are placed internal to the development or community,
and cannot be read from the right of way. They may, for example, provide a listing of the names of businesses, activities,
addresses, locations, uses or places within a building or complex of buildings for the purpose of identification.
i) Tenant directory wall signs. Tenant directory wall signs means signs which are placed internal to the development or
community, and are not intended to be read from the right of way. These signs may provide a listing of the names of
businesses, activities, addresses, locations, uses or places within a building or complex of buil dings for the purpose of
identification. Tenant directory wall signs shall have a maximum size of 12 square feet.
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j) Directional freestanding signs. Direction freestanding signs means signs used at driveways to improve public safety and
to enhance public access to the site from public streets. These signs may be used to direct pedestrian or vehicular traffic
on a parcel. Directional freestanding signs shall be externally illuminated, and shall have a maximum height of three (3)
feet.
k) Temporary standard informational signs. Temporary standard informational signs means signs located on private
property, with an area of not greater than four square feet, with a sign face made for short-term use, containing no
reflecting elements, flags, or projections and which, when erect, stands at a height not greater than five feet and are
mounted on a stake or metal frame with a thickness or diameter not greater than 1½ inches. There shall be no more than
3 temporary standard informational signs per residential lot, and no more than one per commercial lot.
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l) Sandwich boards. Sandwich boards means A- frame signs with a black or green chalkboard type face, with a wood
frame. The maximum height of sandwich boards shall be four feet, with a maximum sign face of six square feet per panel.
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m) Temporary freestanding signs. Temporary freestanding signs means signs which are erected while a tenant space,
building or vacant lot is currently for sale, lease or rent. A property or space for sale or lease is allowed one temporary
freestanding sign per road frontage. On major roads, as defined in Section 64-2303, temporary freestanding signs are
allowed to be a maximum of nine square feet in size, while such signs are allowed to be a maximum of six square feet in
size on all other roads. Temporary freestanding sings shall have a maximum height of nine feet.
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n) Temporary banners. Temporary banners means signs, other than flags, with or without characters, letters, illustrations or
ornamentation applied to cloth, paper, vinyl or fabric that are intended to be hung either with a frame or without a frame.
Neither flags nor canopy signs are considered banners. (Canopy signs are counted toward wall signage).
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o) Signs during construction. Signs during construction means temporary, freestanding signs that shall be allowed beginning
with the commencement of construction and ending with the issuance of the last Certificate of Occupancy, or two years,
whichever one shall first occur. Thereafter, the permittee may reapply for a renewal permit subject to same termination
conditions as above. If lighted, the sign shall be externally illuminated. Signs during construction are allowed to be a
maximum of 12 square feet, with a maximum height of five feet.
p) Wall signs. Wall signs means any signs attached parallel to a wall, painted on the wall surface or erected and confined
within the limits of an outside wall of any building or structure, which is supported by such wall or building and which
displays only one sign surface. Wall signs shall be flush with the wall, building, or structure to which i t is mounted or
affixed, except as otherwise set forth herein.
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q) Shingle signs. Shingle signs means signs suspended from a roof overhang of a covered porch or walkway or attached
to a building wall fascia, which may, for example, identify the tenant of the adjacent space. These signs shall be installed
perpendicular to the wall.
r) Window signs/graphics. Window sign/graphics means any sign, cut-out letters, painted text or graphics, window film,
or other text or visual presentation that is affixed to the interior or exterior of the window or window panes, or within
five feet of the interior of the window or window panes and is visible from the exterior of the structure.
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s) Awning/canopy signs. Awning/canopy signs means any sign that is a part of, or attached to, an awning, canopy or
other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. The term
"awning/canopy sign" does not include a marquee. Awning/canopy signs may be substituted for monument or wall
signs. If substituted, they shall be included in the maximum size calculations.
t) Tenant informational signs. Tenant informational signs means wall or ground signs intended primarily for the
convenience of the public or to ensure the orderly operation of the site, that may include, for example, signs designating
restrooms, address numbers, public telephone and instructions regarding parking. Each tenant informational sign shall be
a maximum of 12 square feet, with no single sign greater than four square feet.
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u) PROHIBITED SIGNS
The following types of signs are prohibited in the Master signage plan:
(1)
Moving signs, sandwich boards and signs applied directly to sidewalk or curb (except where specifically
allowed), balloons, streamers or air or gas filled figures and other similar temporary signs, except where
permitted in Sections 64-2325,c and -2326,c. .
(2)
Beacons, search lights, laser lights or images.
(3)
Audible signs.
(4)
Signs in right-of-way, other than those belonging to a government, public service agency, or railroad.
(5)
Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or
traffic control box and cell towers.
(6)
Roof signs, Marquee signs
(7)
Portable signs, except that signs posted in the window of a vehicle, totaling one square foot, shall be
permitted, unless the vehicle is parked within a nonresidential district or AG -1 (Agricultural) developed with
a nonresidential use, with the intent to sell that vehicle.
(8)
Obscene signs.
(9)
Illegal activity signs.
(10)
Signs not maintained.
(11)
Animated signs, flashing signs, rotating signs, and changeable copy signs.
(12)
Imitation traffic signs.
(13)
Graffiti.
(14)
Sign kiosks.
(15)
Signs attached to or painted on natural objects.
(16)
Temporary signs and banners attached to fences or walls, unless specifically allowed.
(17)
Internally illuminated window signs, including neon, except as allowed in Sections 64-2324, n and -2325,c.
(18) Signs in landscape strip unless approved by the City Arborist.
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DIVISION 6: VIOLATIONS AND PENALTIES
Sec. 64-2329. – Violations; penalties.
1. Noncompliance
No person shall erect or allow to be erected on any premises owned or controlled by that person any sign which
does not comply with the standards of this article.
2. Dangerous or defective condition
No person shall maintain or allow to be maintained on any premises owned or controlled by that person any sign
which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the permittee of
the sign, the owner of the premises, or as otherwise provided for in this article.
3. Separate violation.
Each sign installed, created, erected or maintained in violation of this article, and any sign allowed to be so
installed, created, erected or maintained, shall be considered a separate violation when applying the penalty
portions herein.
4. Public nuisance.
Any violation of this article is hereby declared to be a public nuisance.
5. Penalties
In the event of a violation of any violation of this article, the city shall be entitled to pursue any one or more of the
following remedies: suspension of the sign permit in accordance with Section 2270(a) revocation of the sign
permit in accordance with Section 2270(b), termination of the sign permit in accordance with Section 2270(c),
citation in accordance with Section 2270(d), injunctive relief in accordance with Section 2270(e), and removal of
the sign in accordance with Section 2270(f).
Sec. 64-2330. - Suspension; Revocation, Termination, Citation, Removal.
(a) Suspension
(1)
If a sign permit was issued by the City in error, the permit is void ab initio. Immediately upon discovery of facts
suggesting that a permit was issued in error, the director shall suspend the permit and give notice to the permittee
of the suspension. The notice shall advise the permittee of the determination that the permit was issued in error,
the permit has been suspended, the reason(s) for the suspension, and that the permittee shall have 30 days to
appeal the determination that the permit was issued in error pursuant to the procedures for appeals of
administrative decisions.
(2)
No work shall be performed pursuant to any sign permit while such permit is suspended.
(3)
If no appeal is filed within 30 days from the date of the notice, the permit shall be deemed revoked.
(4)
Notwithstanding any provisions in the zoning ordinance to the contrary, if a final decision on an appeal of a sign
permit suspension decision is not rendered within 60 days after the filing of a completed application for appeal of
the decision to suspend the sign permit, the decision to suspend the permit shall be deemed reversed and the sign
permit shall be reinstated upon request of the applicant.
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(b) Revocation
(1)
a.
Prior to the initiation of work pursuant to a sign permit issued by the city, should it be determined that the sign
permit was issued pursuant to an application containing a false material statement or omission, the director shall
revoke said permit and the subject sign shall not be entitled to be erected.
b.
A revocation pursuant to this subsection shall be appealable pursuant to the procedures for appeals of
administrative decisions outlined in this zoning ordinance. Notwithstanding any provisions in the zoning
ordinance to the contrary, if a final decision on an appeal of a sign permit revocation decision is not rendered
within 60 days after the filing of a completed application for appeal of the decision to revoke the sign permit, the
decision to revoke the permit shall be deemed reversed and the sign permit shall be reinstated upon request of
the applicant.
(2)
After the initiation of work pursuant to a sign permit issued by the city, should it be determined that the sign permit
was issued pursuant to an application containing a false material statement or omission, the director shall issue a
stop work order on the erection of the sign and submit a recommendation to the Mayor and City Council that the
permit be revoked. The Mayor and City Council shall then conduct a revocation hearing in accordance with section
D, below.
(c) Termination
A violation of any provision of this article once initiation of work pursuant to a sign permit issued by the city has
begun shall be grounds for termination of the permit. No permit shall be terminated and until after the permittee
is granted a public hearing as set forth in section D, below.
(d) Citation
If any sign or other device covered by this article is erected, constructed, altered, converted or used in violation of
any provision of this article, the director may issue a citation. Any violation of this article shall be an offense, and
the violator shall be subject to a fine of up to $1,000.00 per day or imprisonment for up to 60 days, or by both
such fine and imprisonment. The citation shall be prosecuted subject to the same procedures established for
violations of this zoning ordinance.
(e) Injunction
If any sign or other device covered by this article is found to be in violation of this article after a public hearing
conducted in accordance with section D, below, the city may seek an injunction against the continuing violation
or take other appropriate action to prevent such unlawful erection, construction, alteration, conversion or use to
correct or abate such violation.
(f) Removal
1.
If any sign or other device covered by this article is found to be in violation of this article after a public hearing
conducted in accordance with section D, below, the city may order the removal of the sign by written notice to the
permit holder; or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or
cannot be determined, then to the sign erector and any party that procured the erection of the sign. If a permit
has been issued, such notice shall operate to revoke the permit.
2.
Procedure following removal order. If the sign is not removed within the time allowable pursuant to the city’s
written notice ordering removal pursuant to Section 2270 B(f)(1), the City may remove or cause to be removed
the sign and collect the costs therefore from the permit holder, the owner of the sign, the sign erector, any party
that procured the erections of the sign, or the owner of the property on which the sign is located.
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Sec. 64-2331.Notice
The Director shall give the holder of a sign permit at least 14 calendar day’s written notice of any public hearing
with respect to the termination of the sign permit, unless the urgency of the particular situation resulting in the
hearing and the practical considerations of completing measures to comport with the standards of this article
reasonably justify less notice in order to protect the public health, safety and welfare. The notice shall include the
date of the hearing; the violations alleged to have occurred that will be the subject of the public hearing, and the
relief to be considered by the city council. The notice shall advise the permittee of the time and place of the
hearing, their right to appear at the hearing and to contest the violation and proposed relief.
Sec.64-2332- Hearing.
Upon notification by the director of a sign or other device covered by this article being in violation of this article,
the city council shall schedule a public hearing at its next available regular meeting whereby the holder of the
sign permit for the sign or device that is in violation can receive notice in compliance with section C, above. At
the public hearing the council shall consider whether to terminate the permit and require such other relief as may
be necessary to protect the public health, safety, and welfare. The hearing shall be conducted in accordance
with the minimum requirements for public hearings as set forth in the Georgia Zoning Procedures Law (O.C.G.A.
§ 36-66-1, et seq.).
(Ord. No. 09-04-40, art. 33, § 12, 4-27-2009)
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DIVISION 1. - GENERALLY
Sec. 64-2241. - Definitions.
Sec. 64-2242. - Purpose and findings.
Sec. 64-2243. - Director's duty to administer and enforce.
Sec. 64-2244. - Applicability.
Sec. 64-2245. - Severability.
Secs. 64-2246—64-2264. - Reserved.
Sec. 64-2241. - Definitions.
Words and phrases used in this article shall have the meanings set forth in this section. Words
and phrases not defined in this section, but defined elsewhere in the city zoning ordinance, shall be given
the meanings set forth in such ordinance. All other words and phrases shall be given their common,
ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for
reference purposes only and shall not be used in the interpretation of this article.
Abandoned sign means any sign that contains or exhibits broken panels, visible rust, visible rot,
damaged support structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and
for which no person accepts maintenance responsibility.
Animated sign means any sign, or part of a sign, that uses any movement or change of lighting or
color to depict action or create a special effect or scene.
Audible sign means any sign which emits a sound which is audible or emits a signal which can be
converted into audible sounds, whether by radio or other means.
Awning/canopy sign.
(1)
The term "awning/canopy sign" means any sign that is a part of, or attached to, an
awning, canopy or other fabric, plastic or structural protective cover over a door,
entrance, window, or outdoor service area.
(2)
The term "awning/canopy sign" does not include a marquee.
Banner means a sign other than a flag with or without characters, letters, illustrations or
ornamentation applied to cloth, paper, vinyl or fabric that is intended to be hung either with a frame or
without a frame. Neither flags nor awning/ canopy signs are considered banners.
Beacon means any light with one or more beams directed into the atmosphere or directed at one
or more points not on the same lot as the light source; also, any light with one or more beams that rotate or
move.
Billboard means a freestanding sign with an area of more than 120 square feet.
Clerestory means any high windows above eye level.
Changeable copy sign means any sign that incorporates changing lights, lettering, or images to
form a sign message or messages, whether such changes are accomplished electronically or manually.
City means the City of Milton, Georgia.
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City council means the City Council of the City of Milton, Georgia.
Department means Community Development Department, or such other department as is given
authority to implement this Authority by the City.
Director means the director of the Community Development Department, or such other department
as is given authority to implement this Authority by the City, or his or her designee.
Fall zone means an area equal to 133 percent of the height of the structure in every direction.
Flag means any fabric or bunting containing colors, patterns, or symbols used as a symbol of a
government or other legal entity or legally organized organization.
Flashing sign means a sign, the illumination of which is not kept constant in intensity at all times
when in use or which exhibits marked changes in lighting effects.
Freestanding sign means any sign supported by structures or supports that are placed on, or
anchored in, the ground and that are independent from any building or other structure. A permanently
affixed sign which is wholly independent of a building for support.
Graffiti means unauthorized writing or drawing on the facade of any building, sign, path, accessory
structure, wall, fence, or other site element.
Illegal activity signs means signs which advertise an activity which is illegal under federal, state or
local laws.
Illuminated sign, external, means a sign illuminated by an external light source. Such source
cannot be a device that changes color, flashes or alternates.
Illuminated sign, internal, means a sign illuminated by an internal light source, including electric
lights, luminous tubes, LED, neon, fiber optics, fluorescent. Such source cannot be a device that changes
color, flashes, or alternates.
Imitation traffic signs. Signs which contain or are an imitation of an official traffic sign or signal or
contain the words "stop," "go," "slow," "caution," "warning," or similar words in such a manner as to
resemble official traffic control signs.
Kiosk means a small structure with one or more sides that is used to vend merchandise or
services.
Landscape strip means an area required by this zoning ordinance or by conditions of zoning which
is reserved for the installation and maintenance of plant materials.
LED means an electronically controlled sign utilizing light -emitting diodes to form some or all of the
sign message.
Lot means a parcel of land that is of sufficient size to meet minimum zoning requirements for lot
area, coverage, and use and that can provide such yards and other open spaces as required by the zoning
standards.
Lollypop sign means a pole sign with an additional 3-dimensional shape or sign on the top.
Marquee or marquee sign means any permanent roof-like structure projecting beyond a building or
extending along and projecting beyond the wall of the building.
Monument means a freestanding sign with a base width of not less than the width of the sign face.
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Moving sign means a sign which revolves, rotates, swings, undulates, or otherwise attracts
attention through the structural movement of parts.
Multi tenant means one or more buildings, located on a single premises or development,
containing two or more separate and distinct individual licensed business, which occupy separate portions
of the building or buildings, and which are physically separated from each other by walls.
Neon sign means neon or other inert gas filled tubing signs. This definition includes lighted
banding used as trim around buildings or windows.
Nonconforming Sign means any sign which was lawfully erected and maintained prior to the
adoption, revision or amendment of this Article XVI of the City of Milton Zoning Ordinance, but which, by
reason of such adoption, revision, or amendment, no longer meets or conforms to one or more such
requirements within Article XVI.
Obscene. Material is obscene if to the average person, applying contemporary community
standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid
interest in nudity, sex or excretion; the material taken as a whole lacks serious literary, artistic, political or
scientific value; and the material depicts or describes, in a patently offensive way, sexual conduct
specifically defined as:
(1)
Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or
simulated;
(2)
Acts of masturbation;
(3)
Acts involving excretory functions or lewd exhibition of the genitals;
(4)
Acts of bestiality or the fondling of sex organs of animals; or
(5)
Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual
relationship.
Pennant or streamer means any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to
move in the wind.
Permanent sign means any sign which, when installed, is intended for permanent use, and is of a
type and construction as not to be easily or readily removed from the lot on which it has been erected.
Permit means a sign permit reviewed, approved, and issued by the city community development
department.
Permittee means the person or entity owning or leasing the land on which the sign is erected or for
which an application has been submitted.
Person means a natural or legal person, including a firm, organization, partnership, trust, and
corporation.
Pole sign means a freestanding sign with visible support structures.
Portable sign means a sign which is not permanently affixed to the ground or to a structure
including, but not limited to, signs on trailers or signs mounted or painted on vehicles which are either
parked or moving, in such a manner as to serve the purpose of a sign.
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Principal building means the building in which the principal use of the lot is conducted.
Nonresidential lots with multiple principal uses may have multiple principal buildings, but storage buildings,
garages, and other structures with clearly accessory uses shall not be considered principal buildings.
Projecting sign means any sign which is suspended or projected from the wall, eave, or soffit of
the building.
Public sign means any sign erected by a governmental entity.
Pylon sign means a freestanding sign with visible support structure or with the support structure
enclosed with a pole cover.
Roof sign means any sign erected and constructed wholly on and over the roof of a building, or
supported by the roof structure.
Sign means any device, fixture, placard, or structure affixed to, supported by, or suspended by a
stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to
communicate information of any kind to the public.
Sign face means that part of a sign that is or can be used for advertising purposes.
Sign kiosk means a small structure for advertising that contains signs.
Standard informational sign means a sign with an area of not greater than four square feet, with a
sign face made for short-term use, containing no reflecting elements, flags, or projections and which, when
erect, stands at a height not greater than three feet and is mounted on a stake or metal frame with a
thickness or diameter not greater than 1½ inches.
Temporary sign means any sign of nonpermanent nature.
Unidentified sign means any sign not specifically identified in this article as a permitted sign.
Wall sign means any sign attached parallel to a wall, painted on the wall surface or erected and
confined within the limits of an outside wall of any building or structure, which is supported by such wall or
building and which displays only one sign surface.
Water tower means a tower or standpipe serving as a reservoir to deliver water at a required head,
whether in use, no longer in use or an architectural feature.
Window sign means any sign that is affixed to the exterior of the window or window panes, or on
or within five feet of the interior of the window or window panes and is visible from the exterior of the
structure. Window signs include decals and images painted onto the glass. Windows do not include
architectural features.
Zoned development means property subject to a single zoning application.
(Ord. No. 09-04-40, art. 33, § 3, 4-27-2009)
Sec. 64-2242. - Purpose and findings.
(a)
Purpose. This article was enacted with the following purposes:
(1)
To protect the rights of individuals and businesses to convey their messages through
signs;
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(2)
To encourage the effective use of signs as a means of communication;
(3)
To promote economic development;
(4)
To improve traffic and pedestrian safety as it may be affected by distracting signs;
(5)
To prevent the destruction of the natural beauty and environment of the city and to
ensure the harmony and compatibility of the character of the area including its physical
appearance, natural setting, informal landscaping, and preserve the historic character of
the city;
(6)
To encourage and ensure that development that is context-sensitive in design and
materials compliments and is compatible and sensitive with the existing character of the
area through its proportion, scale, design, style, placement, position, and architectural
qualities that further the distinct values of the city;
(7)
To protect the public health, safety, and general welfare;
(8)
To restrict the continued existence of abandoned or nonconforming signs unless in
compliance with the terms of this article and to eliminate, over time, all nonconforming
signs;
(9)
To ensure the fair and consistent enforcement of sign standards; and
(10)
To make it easier, quicker, and more economically efficient to apply for a sign permit.
(b)
Findings. This article was enacted with the following findings in mind:
(1)
The city finds that signs are a proper use of private property, are a means of personal
free expression and a necessary component of a commercial environment. As such,
signs are entitled to the protection of the law. In the absence of regulation, however, the
number of such signs tends to proliferate, with property owners' desiring ever increasing
numbers and sizes of signs, leading to cluttered and aesthetically blighted thoroughfares.
In addition, the competition among competing sign owners for visibility of their signs
contributes to safety hazards for both vehicles and pedestrians and undermines the sign
owners' original purpose of presenting a clear message of its idea or identification of its
premises.
(2)
The city further finds that the regulation of the size, height, number and spacing of signs
is necessary to protect the public safety, to ensure compatibility of signs with surrounding
land uses, to enhance the business and economy of the city, to protect the public
investment in the streets and highways, to maintain the tranquil environment of
residential areas, to promote industry and commerce, to eliminate visual clutter and
blight, to provide an aesthetically appealing environment, and to provide for the orderly
and reasonable display of advertising for the benefit of all the city's citizens.
(3)
The city further finds that there is a substantial difference between signs erected by
public authority and signs erected by private citizens or businesses. Signs erected by
public authority are virtually all erected for the purpose of maintaining the public safety
either through direct control of traffic or through provision of such type signage as street
signs which enable the traveling public to know where they are located and to find where
they are going. As such, with the exception of signs identifying government buildings,
virtually all government signs are erected purely for public safety purposes. Moreover,
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their use in the public right-of-way is necessary to ensure their visibility to the motoring
public. The city commission finds that public utility signs are frequently of the same
nature as those signs erected by governmental entities in that they provide necessary
information to safeguard the public from downed power lines and from street excavations.
Even where signs serve a propriety purpose, such as identifying markings on utility polls,
those signs are marked primarily for the purpose of benefiting the public generally
through identification of locations where there may be temporary losses of power.
(4)
The city further finds that some signage has a single targeted function and that
identification of such signage by description is impossible without referring to its function.
For instance, address numerals are used for the sole purpose of locating addresses,
which is of benefit to persons looking for those addresses and is essential to public safety
personnel responding to emergencies. Subdivision signs at the entrances to subdivisions
favor a similar purpose in enabling both the traveling public and emergency personnel to
quickly locate subdivision entrances for the purpose of either visitation or responding to
emergency calls. While such signage is referenced based upon the function it serves
within the context of this ordinance, the bulk of the provisions of this article are unrelated
to the content of the speech provided and allow maximum expressive potential to sign
owners.
(5)
The city further finds that most of the city is unique when compared to surrounding areas
in terms of the rural, pastoral and equestrian nature of its land uses. Examination of such
factors as the lack of sewerage of the majority of its land area, the resulting minimum lot
size, the lack of commercial development outside overlay districts and purposefully
developed commercial corridors and the large number of agricultural and related uses
such as horse farms set the city apart from the more commercialized and developed
municipalities which surround it. The preservation of this atmosphere and lifestyle was a
major factor in the drive to incorporate the city as its own unique city. Accordingly, the city
determines that it has a substantial government interest in striking a proper balance
between the right of freedom of expression in terms of the time, place and manner of
signage with the need to preserve the pristine character of the city.
(Ord. No. 09-04-40, art. 33, § 2, 4-27-2009)
Sec. 64-2243. - Director's duty to administer and enforce.
The director of the Department is hereby authorized and directed to administer and enforce this
article, unless otherwise specifically provided by an ordinance of the city council.
(Ord. No. 09-04-40, art. 33, § 4, 4-27-2009)
Sec. 64-2244. - Applicability.
The standards of this article shall apply to all signs erected within the city's corporate limits. This
includes those areas that have been or will be annexed into the city corporate limits.
(Ord. No. 09-04-40, art. 33, § 5, 4-27-2009)
Sec. 64-2245. - Severability.
Should any article, section, clause, or provision of this article be declared by a court of competent
jurisdiction to be invalid, such action shall not affect the validity of the ordinance as a whole or any part
hereof other than the part so declared to be invalid, it being the intent of the city council that each article,
section, clause, and provision hereof be severable.
(Ord. No. 09-04-40, art. 33, § 27 , 4-27-2009)
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Secs. 64-2246—64-2264. - Reserved.
DIVISION 2. - PERMITS
Sec. 64-2265. - Required.
Sec. 64-2266. - Fees.
Sec. 64-2267. - Application.
Sec. 64-2268. - Rejection.
Sec. 64-2269. - Revocation.
Sec. 64-2270. - Variance.
Sec. 64-2271. - Suspension; termination.
Sec. 64-2272. - Expiration date.
Secs. 64-2273—64-2291. - Reserved.
Sec. 64-2265. - Required.
(a)
Except where specifically not required by the standards of this article, it shall be unlawful for any
person to post, display, materially change, or erect a sign in the city without first having obtained a sign
permit. Notwithstanding the foregoing, signs which are not visible from a public right-of-way, private drive,
public space, or from neighboring residential properties shall not be subject to the standards of this article.
(b)
All applicants for signs that incorporate electricity must obtain an electrical permit;
(c)
.All applicants for any sign that is greater than eight feet in height (as measured from grade) and
greater than 32 square feet in area must obtain a building permit. See Section 64-2302.
(Ord. No. 09-04-40, art. 33, § 6, 4-27-2009)
Sec. 64-2266. - Fees.
No permit shall be issued until the appropriate application has been filed with the director and
fees, as set from time to time by ordinance of the City Council, have been paid.
(Ord. No. 09-04-40, art. 33, § 7, 4-27-2009)
Sec. 64-2267. - Application.
(a)
Contents. Applications for sign permits required by this article shall be filed in duplicate by the
person owning the subject property, or the owner's agent, in the office of the Director upon forms
furnished by that office. The application shall describe and set forth the following:
(1)
The type and purpose of the sign as defined in this article;
(2)
The value of the sign;
(3)
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A survey to scale showing the street address of the property upon which the subject sign
is to be located, the proposed location of subject sign on subject property, the distance of
the proposed sign from the subject property's boundaries, and all existing structures or
buildings on the subject property;
(4)
The square foot area per sign and the aggregate square foot area if there is more than
one sign face;
(5)
The name and address of the owner of the real property upon which the subject sign is to
be located;
(6)
The property owner's written consent, or his or her agent, granting permission for the
placement, maintenance, size, and height of the subject sign to be placed on the
property;
(7)
For wall signs, two sets of building elevations;
(8)
The name, address, telephone number, and business license number of the sign
contractor.
(9)
Sign details, including a proposed color scheme of sign, and scaled elevation of the size
and height of the proposed sign from ground level and adjacent street level; and
(10)
The zoning district in which the subject property is located and a statement of compliance
with all requirements of the zoning district.
(b)
Other zoning requirements. So long as an application conforms to the standards and procedures
of this article, the applicant is exempted from any additional standards, other than standards
relating to color, and procedures relating to signs in this zoning ordinance.
(Ord. No. 09-04-40, art. 33, § 8, 4-27-2009)
Sec. 64-2268. - Rejection.
(a)
Incomplete, false statements. The director shall reject any application that is incomplete, that
contains false material statements or omissions, or that is for a sign which would violate any
standard within this article within 30 business days of receipt of said application. The director may
reject at anytime prior to the expiration of the 30-day period, if the application is incomplete or
contains false material statements or omissions, by returning the application to the applicant.
(b)
Processing time; notice; denial. The city shall process all complete and accurate sign permit
applications within 30 business days of the city's actual receipt of a complete and accurate
application and upon remittance of the appropriate sign permit fee. The director shall give notice to
the applicant of his or her decision by hand delivery or by mailing such notice by certified mail,
return receipt requested, to the address on the permit application on or before the 30th business
day. If the decision of the director is to deny the application, the decision shall state the grounds
upon which the denial is based. Failure of the city to act within the 30-day period shall be deemed
a denial of the permit. If notice is mailed in conformity with this section, notice shall be deemed to
have been given upon the date of mailing. Any application meeting the standards of this article will
be granted. Any application not meeting the standards of this article will be denied.
(c)
Appealable. A rejection pursuant to this section shall be appealable pursuant to the procedures for
zoning appeals outlined in this zoning ordinance. However, notwithstanding the foregoing, a final
decision of an appeal of the denial of a sign permit will be rendered within 80 days from the date
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an appeal is filed. If a final decision of an appeal of the denial of a sign permit is not rendered
within the 80-day period, the decision sought to be appealed shall be affirmed.
(d)
Resubmission. A rejected application later resubmitted in conformity with this article shall be
deemed to have been submitted on the date of resubmission, instead of the original submission
date. An application which is resubmitted shall meet all the standards for an original application.
(Ord. No. 09-04-40, art. 33, § 9, 4-27-2009)
Sec. 64-2269. - Revocation.Reserved.
(a)
Should it be determined that a sign permit was issued pursuant to an application
containing a false material statement or omission, the director shall revoke said permit
and the subject sign shall be immediately removed. A revocation pursuant to this secti on
shall be appealable pursuant to the procedures for zoning appeals outlined in this zoning
ordinance.
(b)
However, notwithstanding subsection (a) of this section, a final decision will be rendered
within 60 days from the date an appeal is filed. If a final decision is not rendered within
the 60-day period, the decision sought to be appealed shall be affirmed. The permit for
any sign not meeting the standards of this article will be revoked.
(Ord. No. 09-04-40, art. 33, § 10, 4-27-2009)
Sec. 64-2270. - Variance.
(a)
Limitations. The Board of Zoning Appeals shall be allowed to grant variances to this article.
(b)
Timing. The Board of Zoning Appeals shall hear and decide upon a variance to this article within
80 days of the submission of a complete and accurate application for variance to this article. If a
decision on the variance is not rendered within 80 days, then the petition shall be deemed
approved.
(c)
Procedure. Except as modified by this article, the procedures for requesting a variance from the
standards of this article shall be the same procedures as that for seeking a variance from the city's
ordinances regulating zoning.
(d)
Standards. The standards which shall be considered for granting a variance from the standards of
this article shall be only the following:
(1)
Relief to this article may only be granted where existing foliage or structures bring about
a hardship whereby a sign meeting the maximum letter size, square footage and height
requirements cannot be read from an adjoining road; or
(2)
The application of the particular provision of this Zoning Ordinance to a particular piece of
property, due to extraordinary and exceptional conditions pertaining to that property
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because of its size, shape, or topography, would create an unnecessary hardship for the
owner while causing no detriment to the public.
(3)
Conditions resulting from existing foliage or structures bring about a hardship whereby a
sign meeting minimum letter size, square footage and height requirements can not be
read from adjoining public road.
(Ord. No. 09-04-40, art. 33, § 11, 4-27-2009; Ord. No. 09-06-44, art. XXXIII, § 11, 6-15-2009)
Sec. 64-2273. - Expiration date.
(a)
A sign permit shall become null and void if the sign for which the permit was issued has not been
installed and completed within six months after the date of issuance; provided, however, that
where an applicant can demonstrate that a commercial entity was timely engaged to construct the
permitted sign, but the fabrication has not yet been completed, one 90-day extension may be
granted by the director.
(b)
No refunds shall be made for a permit after the permit is issued. If later an individual desires to
erect a sign at the same location, a new application for the sign must be processed and another
fee paid in accordance with the fee schedule applicable at such time.
(Ord. No. 09-04-40, art. 33, § 13, 4-27-2009)
Secs. 64-2274—64-2291. - Reserved.
DIVISION 3. - ADDITIONAL PROVISIONS
Sec. 64-2292. - Business license tax certificate, public liability insurance required.
Sec. 64-2293. - Identification labels; inspection; notice.
Sec. 64-2294. - Signs requiring no permit.
Sec. 64-2295. - Prohibited signs and devices.
Sec. 64-2296. - Violations; penalties.
Sec. 64-2297. - Nonconforming signs.
Sec. 64-2298. - Removal of unlawful or dangerous signs.
Sec. 64-2299. - Sign location.
Sec. 64-2300. - Measurement of sign area.
Sec. 64-2301. - Measurement of sign height.
Sec. 64-2302. - Construction standards.
Sec. 64-2303. - Restrictions based on location.
Secs. 64-2304—64-2322. - Reserved.
Sec. 64-2292. - Business license tax certificate, public liability insurance required.
It shall be unlawful for any person to engage in the business of erecting or maintaining signs within
the city, unless and until such entity shall have obtained an occupation tax certificate or business license
issued in the State of Georgia, and a certificate of insurance from an insurance company authorized to do
business in the state evidencing that the entity has in effect public liability and property damage insurance
in the sum of $25,000.00 for property damage for any one claim, and public liability insurance in an amount
not less than $100,000.00 for injuries, including accidental death to one person. The certificate of insurance
shall state that the insurance carrier shall notify the city 30 days in advance of any termination or restriction
of the coverage, including nonrenewal, cancellation, and nonpayment of any premium.
(Ord. No. 09-04-40, art. 33, § 14, 4-27-2009)
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Sec. 64-2293. - Identification labels; inspection; notice.
(a)
Identification labels. With each sign permit, the Director shall issue a sticker bearing the same
number as the permit with which it is issued. It shall be the duty of the permittee or his or her agent
to affix such sticker to the sign in the lower right hand area so it is easily seen. The absence of a
proper sticker shall be prima facie evidence that the sign has been, or is being, erected or
operated in violation of the standards of this article.
(b)
Inspection. The Director shall inspect all existing signs in the city to determine if such signs
conform to the standards of this article. Identification stickers shall be provided for all signs in
order to identify existing conforming and nonconforming signs.
(Ord. No. 09-04-40, art. 33, § 15, 4-27-2009)
Sec. 64-2294. - Signs requiring no permit.
The following shall not count toward the total amount of signage allowed and no permit is required
so long as all standards in this article are met, including the following:
(1)
Numerals displayed for the purpose of identifying property location not to exceed eight
inches in height;
(2)
Flags;
(3)
Door signs not to exceed one square foot in size and not more than one sign per door;
and
(4)
Temporary standard informational signs in all districts.
(Ord. No. 09-04-40, art. 33, § 16, 4-27-2009)
Sec. 64-2295. - Prohibited signs and devices.
The following types of signs are prohibited in the City:
(1)
Fringe, twirling, A-Frame,Moving signs, sandwich boards and signs applied directly to
sidewalk or curb-type sign (except where specifically allowed), portable display signs,
balloons, streamers or air or gas filled figures and other similar temporary signs, except
where permitted in section 64-2303
(2)
Beacons, search lights, laser lights or images.
(3)
Audible signs.
(4)
Signs in right-of-way, other than those belonging to a government, public service agency,
or railroad.
(5)
Signs mounted on a utility pole, water tower or other similar structure, architectural
features, traffic signal or traffic control box and cell towers.
(6)
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Roof signs, Marquee signs
(7)
Portable signs, except that signs posted in the window of a vehicle, totaling one square
foot, shall be permitted, unless the vehicle is parked within a nonresidential district or AG-
1 (Agricultural) developed with a nonresidential use, with the intent to sell that vehicle.
Portable signs, which are attached to any parked or moving vehicle or trailer, so as to
be visible from a public right-of-way, except that signs posted in the window of a vehicle,
totaling one square foot shall be permitted, but not when parked within a nonresidential
district or AG-1 (Agricultural) developed with a nonresidential use with the intent to sell
that vehicle.
(8)
Obscene signs.
(9)
Illegal activity signs.
(10)
Signs not maintained.
(11)
Abandoned signs.
(12)
Animated signs, flashing signs, rotating signs, and changeable copy signs.
(13)
Imitation traffic signs.
(14)
Graffiti.
(15)
Sign kiosks.
(16)
Signs attached to or painted on natural objects.
(17)
Temporary signs and banners attached to fences or walls, unless specifically allowed.
(18)
Internally illuminated window signs, including neon, except as specifically allowed.
(19) Signs in landscape strip, unless approved by the City Arborist.
(Ord. No. 09-04-40, art. 33, § 17, 4-27-2009)
Sec. 64-2296. - Reserved
(a)
Noncompliance. No person shall erect on any premises owned or controlled by that person any
sign which does not comply with the standards of this article.
(b)
Dangerous or defective condition. No person shall maintain or permit to be maintained on any
premises owned or controlled by that person any sign which is in a dangerous or defective
condition. Any such sign shall be removed or repaired by the permittee of the sign, the owner of
the premises, or as otherwise provided for in this article.
(c)
Separate violation. Each sign installed, created, erected or maintained in violation of this article
shall be considered a separate violation when applying the penalty portions herein.
(d)
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Public nuisance. Any violation of this article is hereby declared to be a public nuisance.
(e)
Notice. The director shall give the permittee from one to 14 calendar days written notice, based on
the urgency of the particular situation and the practical considerations of completing measures to
comport with the standards of this article, to correct the deficiencies or to remove the sign which is
in violation of this article. If the permittee refuses to correct the deficiencies or remove the sign, the
director will have the sign removed at the expense of the permittee.
(f)
Citations. If any sign or other device covered by this article is, or is proposed to be, erected,
constructed, altered, converted or used in violation of any provision of this article, the director shall
issue a citation. Additionally, the city may seek an injunction for a continuing violation or take other
appropriate action to prevent such unlawful erection, construction, alteration, conversion or use to
correct or abate such violation. Any violation of this article shall be an offense, and the violator
shall be subject to a fine of up to $1,000.00 per day or imprisonment for up to 60 days, or by both
such fine and imprisonment.
(Ord. No. 09-04-40, art. 33, § 18, 4-27-2009)
Sec. 64-2297. - Nonconforming signs.
(a)
Maintained. A nonconforming sign shall not be replaced by another nonconforming sign, except
that the substitution or interchange of poster panels, painted boards, or dismountable material on
nonconforming signs shall be permitted. All nonconforming signs shall be maintained in good
repair.
(b)
Repairs; Minor repairs and maintenance of nonconforming signs shall be permitted; however, no
structural repairs or changes in the size or shape of a nonconforming sign shall be permitted
except to make the sign comply with the standards of this article. To the extent that any sign
allowable hereunder is damaged or destroyed by an act of God or by other circumstances beyond
control of the owner of the sign, then such sign may be repaired without regard to the restrictions
of this subsection.
(c)
Grandfathering. Legal nonconforming signs may stay in place until one of the following conditions
occurs:
(1)
The business on which the property on which the sign is located ceases operation for at
least six consecutive months.
(2)
The deterioration of the sign or damage to the sign makes it a hazard or renders it
dilapidated, unsightly, or unkempt; or
(3)
The sign has been damaged to such extent that more than minor repairs or a material
change is required to restore the sign. No structural repairs or change in shape or size
shall be permitted except to make the sign comply with all standards of this article. To the
extent that any sign allowable hereunder is damaged or destroyed by an act of God or by
other circumstances beyond control of the owner of the sign then such sign may be
repaired without regard to the restrictions of this subsection.
(Ord. No. 09-04-40, art. 33, § 19, 4-27-2009)
Sec. 64-2298. – Reserved
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Removal of unlawful or dangerous signs.
(a)
Removal. The city may order the removal of any sign in violation of this article by written notice to the permit
holder; or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or
cannot be determined, then to the sign erector and any party that procured the erection of the sign. If a permit
has been issued, such notice shall operate to revoke the permit.
(b)
Procedure following removal order. If the sign is not removed within the time allowable pursuant to a removal
order, the city may remove or cause to be removed the sign and collect the costs therefor.
(Ord. No. 09-04-40, art. 33, § 20, 4-27-2009)
Sec. 64-2299. - Sign location.
(a)
Obstructions to doors, windows or fire escapes. No sign shall be erected, relocated, or maintained
so as to prevent free ingress or egress from any door, window, or fire escape.
(b)
Signs not to constitute traffic hazard. No sign or any part thereof, except authorized traffic signs,
shall be located in any government right-of-way. No sign, except authorized traffic signs, may be
located any closer than 20 feet to an intersection as measured from the intersection of the two
rights-of-way.
(c)
Setback. Unless a more restrictive setback is specified in conditions of zoning or otherwise in this
article, all permanent ground signs shall set back 20 feet from the edge of pavement . No sign,
except authorized traffic signs, shall project over the right-of-way.
All temporary signs, as described in Sec. 64-2303, shall be placed at least 15 feet from the edge
of pavement. No signs shall be placed between the road and the sidewalkback of the landscape
strip.
(Ord. No. 09-04-40, art. 33, § 21 , 4-27-2009)
Sec. 64-2300. - Measurement of sign area.
(a)
Size generally. The area of a sign shall be computed as the area within the smallest continuous
polygon comprised of not more than eight straight lines enclosing the limits of a sign face, together
with any sign face cabinet or frame or material, texture, or color forming an integral part of the sign
face used to differentiate the sign face from the structure upon which it is placed. If polygons
established around wall signs located on the same street oriented wall are within 24 inches or less
of one another, then the area of the sign shall be measured within one continuous polygon.
(b)
Structure. The computation of the area of a sign face shall not include the structure, supports, or
uprights on which the sign face is placed or any portions of a sign structure that are not intended
to contain any message or idea and are purely structural or decorative in nature, other than those
parts contained within the polygon that delineates the sign face.
(c)
Multi-faced signs. For multi-faced signs, when the sign face surfaces are back-to-back, or where
the interior angle formed by the faces is 45 degrees or less, the area of the sign shall be taken as
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the areas on the largest side. For all other multi-faced signs, the area of the sign shall be the total
area on all sides.
(d)
Three-dimensional signs. Three-dimensional signs shall not exceed two inches from surface.
(Ord. No. 09-04-40, art. 33, § 22 , 4-27-2009)
Sec. 64-2301. - Measurement of sign height.
The height of a sign shall be computed as the distance from the base of the sign structure at
normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to
be the lower of:
(1)
Existing grade prior to construction; or
(2)
The newly established grade after construction, exclusive of any filling, berming,
mounding, or excavating solely for the purpose of locating the sign.
(Ord. No. 09-04-40, art. 33, § 23 , 4-27-2009)
Sec. 64-2302. - Construction standards.
(a)
Building codes. All permanent signs permitted under this Code shall be constructed and
maintained in accordance with the applicable City building codes . For any sign that is greater than
eight feet in height (as measured from grade) and greater than 32 square feet in area, the
permittee must submit, with its building permit application, detailed structural design drawings of
the sign and its foundations. Such drawings must include the foundation, supporting structure and
sign face and must be certified by a professional structural engineer, licensed in the state of
Georgia.. The certifying engineer shall provide an insurance certificate indicating it carries a
minimum of $1,000,000.00 of professional liability insurance.
The city may remove, after reasonable notice, any sign which shows structural faults, neglect, or
becomes dilapidated.
(b)
Faces. The face of the sign shall be flat, with protrusions of no more than two inches to allow for
the texture of the sign and words, letters, figures, symbols, logos, fixtures, colors, or other design
elements. No sign or other advertising structure shall be constructed so as to have nails, tacks, or
wires protruding therefrom. Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood.
(c)
Illumination. Signs may be externally illuminated where permitted pursuant to this article. Colored
lighting is prohibited. Where external illumination is permitted for freestanding signs, the source of
illumination shall be screened from the view of the general public with shrubs.
(d)
Construction of bases. Except in the overlay districts, freestanding signs shall have a base not
less than one-third the width of the sign face. Base must also be wood or brick or stone or have
the appearance of wood, brick or stone or other materials which are compatible with the main
structure as approved by the community development department director.
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(e)
Landscaping. Landscaping and grass shall be maintained in front of, behind, underneath, and
around the base of freestanding signs.
(Ord. No. 09-04-40, art. 33, § 24 , 4-27-2009)
Sec. 64-2303. - Restrictions based on location.
If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this
section shall be prohibited in that district, except as otherwise provided for under this article. The following
standards govern signs within specific zoning districts. The following signs shall be setback at least 15 feet
from the edge of pavement.
(1)
Signs permitted in all zoning districts.
a. Temporary signs are permitted in all zoning districts, per the following
standards:
1. Signs during construction. One sign shall be allowed during construction. A
permit shall be required. The sign may be externally illuminated, shall not
exceed 12 square feet in area and five feet in height, and shall be allowed
beginning with the commencement of construction and ending with the issuance
of the last certificate of occupancy or two years, whichever one shall first occur.
Thereafter, the permittee may reapply for a renewal permit subject to same
termination conditions as set forth in this subsection.
2. Temporary standard informational signs. Each lot and/or development may
display one standard informational sign not exceeding four square feet without a
permit, except that during a political election or referendum, between the date of
qualification of the candidate or the referendum question and final determination
on each ballot issue or candidate, each lot may display an unlimited number of
standard informational signs. All such signs shall be removed within three seven
calendar days after the purpose of which the sign is intended has been
accomplished.
3. Signs during the sale or lease of property. During the sale or lease of
property, one sign per road frontage of the property for sale or lease, shall be
allowed. The sign shall not be internally illuminated. The sign shall not exceed 9
square feet on major roads, and 6 square feet on all other roads. A permit shall
be required for signs greater than 6 square feet.
Major roads include:
US Hwy 19 (GA 400) McGinnis Ferry Road
State Route 9 Arnold Mill Road/State Hwy 140
Windward Parkway Birmingham Hwy/State Hwy 372
Cogburn Road Hopewell Road
New Providence Road
b. Banners are permitted in all zoning districts, per the following standards;
Banners shall be allowed for a period not exceeding ten consecutive days, with
no more than four such ten-consecutive-day periods being permitted per
calendar year, per lot.
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In addition, each new business shall be allowed a banner for 30 consecutive
days starting from the issuance of the business license or occupational tax
certificate. All banners mounted on the ground must be supported on all sides
by a PVC frame or its equivalent.
Banners shall not be more than 24 square feet. A permit shall be required. No
banner shall be mounted so as to extend above the horizontal plane of the roof
where the building wall and roof meet or shall not extend more than five feet
above grade when on the ground.
(2)
AG-1 (Agricultural district).
a. Freestanding signs.
Within the AG-1 (Agricultural district), standards for freestanding signs are as
follows:
1.
One maximum 32-square foot, freestanding sign per business or
institutional lot shall be permitted for each street on which the lot has
frontage.
2.
One maximum 32-square foot, freestanding sign or two single-faced
freestanding signs not to exceed 16 square feet each, shall be
permitted for each side of a platted single-family subdivision entrance.
3.
Freestanding signs shall have a maximum height of six feet from
finished grade, and may be externally illuminated, and the light shall be
screened from view with evergreen plantings as approved by the
community development department director. Signs shall not have
changeable copy.
b. Other signage
1.
Each residence may display up to 12 square feet of signage with no
single sign greater than four square feet.
2.
Each development may post one banner, maximum 24 square feet,
maximum 5 feet tall, for a maximum of 40 days, during graduation
season (from May 1st to June 15th). A permit is not required.
c. Flags.
Each development may display no more than one flag and flagpole
and, in addition, each single family detached residential lot within each
development may display not more than one flag and flagpole. The
flagpole shall not exceed 25 feet in height. Flag size shall not be more
than 24 square feet.
(3)
Single-family residential, CUP and NUP districts. Within the single-family residential, CUP
and NUP districts, standards for freestanding signs are as follows:
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1.
One maximum 32-square foot, freestanding sign per business or
institutional lot shall be permitted for each street on which the lot has
frontage.
2.
One maximum 32-square foot, freestanding sign or two single-faced
freestanding signs not to exceed 16 square feet each, shall be
permitted for each side of a platted single-family subdivision entrance.
3.
Freestanding signs shall have a maximum height of six feet from
finished grade, and may be externally illuminated, the light shall be
screened from view with evergreen plantings as approved by the
Director, and shall not have changeable copy.
4.
Each lot may display no more than one flag and flagpole. The flagpole
shall not exceed 20 feet in height. Flag size shall not be more than 24
square feet.
5.
Each residence may display up to 12 square feet of signage with no
single sign greater than four square feet.
6. Each development may post one banner, maximum 24 square feet,
maximum 5 feet tall, for a maximum of 40 days, during graduation
season (from May 1st to June 15th). A permit is not required.
(4)
Apartment and townhouse residential districts.
Within the apartment and townhouse residential districts, standards for signs are
as follows:
a. Freestanding signs.
Within the apartment and townhouse residential districts, standards for signs are
as follows:1.
One freestanding sign per right-of-way frontage shall be permitted, and
it shall be located at the project entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Freestanding signs shall not have changeable copy.
5.
Freestanding signs may be externally lighted. The light shall be
screened from view with evergreen plantings as approved by the
community development department director.
6.
The freestanding sign structure shall be constructed of the same
material as the predominant material of the principal building.
7.
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Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved
by the Director.
b.
Other signage.
1.
Each residence may display up to 12 square feet of signage with no
single sign greater than four square feet.
2.
Each development may post one banner, maximum 24 square feet,
maximum 5 feet tall, for a maximum of 40 days, during graduation
season (from May 1st to June 15th). A permit is not required.
b.
Wall signs.
1.
Businesses may have no more than two wall signs. Corner buildings
may have an additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12
square feet.
3.
A second sign, if used, shall be perpendicular or oblique to the wall.
The maximum size shall be two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall sign shall not cover architectural features or details and not
extend beyond the roof line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved
by the community development department director.
c.
Window signs. Not more than three window signs per development shall be
allowed and shall not be larger than four square feet or cover more than five
percent of the area of each window in which a sign is placed, whichever is less.
Such signs shall not be illuminated.
c.
Flags.
Each development may display no more than one flag and flagpole. The
flagpole shall not exceed 25 feet in height. Flag size shall
not be more than 24 square feet.
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(5)
O-I districts. Within the office-institutional districts, standards for signs are as follows:
a.
Billboards.
1.
Along, and oriented toward, state-numbered primary routes or national
highways only;
2.
At least 500 feet from all residential or AG-1 zoning districts;
3.
Minimum 50-foot setback from right-of-way;
4.
Minimum of 1,500 feet from any other billboards or freestanding sign,
except standard informational signs;
5.
The lot on which the billboard is located shall have sufficient area to
accommodate the fall zone, and except for the sign, no parking areas,
pedestrian areas, roadways, buildings, structures, or appurtenances
shall be contained in the fall zone;
6.
Maximum of 12 feet in height.
b..
Freestanding signs.
1.
There may be one freestanding sign per right-of-way frontage and it
shall be located at the project entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Signs may be externally lighted. The light shall be screened from view
with evergreen plantings as approved by the community development
department director.
6.
The freestanding sign structure shall be constructed of the same
material as the predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved
by the community development department director.
8.
Flag. Each development may display no more than one flag and/or
flagpole. The flagpole shall not exceed 25 feet in height. Flag size shall
not be more than 24 square feet.
c.
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Wall signs.
1.
Businesses may have no more than two wall signs. Single tenant
building and end units of multi tenant buildings may have an additional
wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12
square feet.
3.
A second sign, if used, shall be perpendicular or oblique to the wall.
The maximum size shall be two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall sign shall not cover architectural features or details and not
extend beyond the roof line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved
by the community development department director.
d. Flags. Each development may display no more than one flag and flagpole. The
flagpole shall not exceed 25 feet in height. Flag size shall not
be more than 24 square feet.
(6)
Mixed-use districts. Within the mixed-use districts, standards for signs are as follows:
a.
Freestanding signs.
1.
There may be one freestanding sign per right-of-way frontage, located
at a project entrance.
2.
Maximum height shall be six feet.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Signs may be externally lighted. The light shall be screened from view
with evergreen plantings as approved by the community development
department director.
6.
The freestanding sign structure shall be constructed of the same
material as the predominant material of the principal building.
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7.
Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved
by the community development department director.
Flag. Each development may display no more than one flag and flagpole and, in addition, each single -family
detached residential lot within each development may display not more than one flag and flagpole. T he flagpole shall
not exceed 25 feet in height. Flag size shall not be more than 24 square feet.
9.
Each residence may display up to 12 square feet of signage with no single sign greater than four square
feet.
10.
Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of
40 days, during graduation season (from May 1st to June 15th). A permit is not required.
b.
Wall signs.
1.
Businesses may have no more than two wall signs. Single tenant
buildings and end units of multi tenant buildings may have an additional
wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12
square feet.
3.
A second sign, if used, shall be perpendicular or oblique to the wall.
The maximum size shall be two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall signs shall not cover architectural features or details and not
extend beyond the roof line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved
by the Director.
b.
Other signage.
1.
Each residence may display up to 12 square feet of signage with no
single sign greater than four square feet.
2.
Each development may post one banner, maximum 24 square feet,
maximum 5 feet tall, for a maximum of 40 days, during graduation
season (from May 1st to June 15th). A permit is not required.
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c. Flags.
Each development may display no more than one flag and flagpole.
The flagpole shall not exceed 25 feet in height. Flag
size shall not be more than 24 square feet.
(7)
Commercial and Industrial Park districts (M-1A). Within the commercial and industrial
park districts, standards for signs are as follows:
a.
Billboards. Within commercial (C-1) and industrial park (M-1A) districts,
1.
Along, and oriented toward, state-numbered primary routes or national
highways only;
2.
At least 500 feet from all residential or AG-1 zoning districts;
3.
Minimum 50-foot setback from right-of-way;
4.
Minimum of 1,500 feet from any other billboards or freestanding sign,
except standard informational signs;
5.
The lot on which the billboard is located shall have sufficient area to
accommodate the fall zone, and except for the sign, no parking areas,
pedestrian areas, roadways, buildings, roadways, structures, or
appurtenances shall be contained in the fall zone;
6.
Maximum of 12 feet in height; and
7.
In compliance with applicable height standards for the district in which
located.
b.
Freestanding signs.
1.
There may be one freestanding sign per right-of-way frontage, and it
shall be located at a project entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Sign may be externally lighted. The light shall be screened from view
with evergreen plantings as approved by the community development
department director.
6.
The freestanding sign structure shall be constructed of the same
material as the predominant material of the principal building.
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7.
Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved
by the Director.
c.
Wall signs.
1.
Businesses may have no more than two wall signs. Single tenant
buildings and end units of multi tenant buildings may have one
additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12
square feet or three percent of the wall area.
3.
The second sign, if used, shall be perpendicular to the wall. The
maximum size shall be two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall signs shall not cover architectural features or details and not
extend beyond the roof line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved
by the Director.
d.
Flags.
Each development may display no more than one flag and flagpole. The flagpole
shall not exceed 25 feet in height. Flag size shall not be more than 24 square
feet.
(8)
Industrial districts. Within industrial districts, standards for signs are as follows:
a.
Billboards. Within industrial districts (M-1 and M-2),
1.
Along, and oriented toward, state-numbered primary routes or national
highways only;
2.
At least 500 feet from all residential or AG-1 zoning districts;
3.
Minimum 50-foot setback from right-of-way;
4.
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Minimum of 1,500 feet from any other billboards or freestanding sign,
except standard informational signs;
5.
The lot on which the billboard is located shall have sufficient area to
accommodate the fall zone, and except the sign, no parking areas,
pedestrian areas, roadways, buildings, structures, or appurtenances
shall be contained in the fall zone;
6.
Maximum of 12 feet in height; and
7.
In compliance with applicable height standards for the district in which
located.
b.
Freestanding signs.
1.
There may be one freestanding sign per right-of-way frontage, located
at the project entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Signs may be externally lighted. The light shall be screened from view
with evergreen planting as approved by the community development
department director.
6.
The freestanding sign structure shall be constructed of the same
material as the predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved
by the Director.
c.
Walls signs.
1.
Businesses may have no more than two wall signs. Single tenant
buildings and end units of multi tenant buildings may have one
additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12
square feet.
3.
The second sign, if used, shall be perpendicular to the wall. The
maximum size shall be two square feet.
4.
Signs shall be one unit as opposed to individually mounted letters.
5.
Wall signs shall not have changeable copy.
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6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall signs shall not cover architectural features or details and not
extend beyond the roof line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved
by the Director.
d.
Flags.
Each development may display no more than one flag and flagpole. The
flagpole shall not exceed 25 feet in height. Flag size shall not be more
than 24 square feet.
(9)
Mobile home park districts. Within mobile home park districts, standards for signs are as
follows:
a.
Freestanding signs.
1.
There may be one freestanding sign per right-of-way frontage, and it
shall be located at a project entrance.
2.
Maximum height shall be six feet from finished grade.
3.
The maximum size shall be 32 square feet.
4.
Signs shall not have changeable copy.
5.
Signs may be externally lighted. The light shall be screened from view
with evergreen plantings as approved by the community development
department director.
6.
The freestanding sign structure shall be constructed of the same
material as the predominant material of the principal building.
7.
Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved
by the Director.
8.
Each residence may display up to 12 square feet of signage with no
single sign greater than four square feet.
b.
Other signage.
1.
Each development may display up to 12 square feet of signage with no
single sign greater than four square feet.
2.
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Each development may post one banner, maximum 24 square feet,
maximum 5 feet tall, for a maximum of 40 days, during graduation
season (from May 1st to June 15th). A permit is not required.
c. Flags.
Each development may display no more than one flag and flagpole.
The flagpole shall not exceed 25 feet in height. Flag
size shall not be more than 24 square feet.
9.
Each development may post one banner, maximum 24 square feet,
maximum 5 feet tall, for a maximum of 40 days, during graduation
season (from May 1st to June 15th). A permit is not required.
b.
Wall signs.
1.
Businesses may have no more than two wall signs. Corner buildings may have
an additional wall sign.
2.
One sign shall be flush against the wall. The maximum size shall be 12
square feet.
3.
A second sign, if used, shall be perpendicular or oblique to the wall.
The maximum size shall be two square feet.
4.
Signs shall be one unit as opposed to individuall y mounted letters.
5.
Wall signs shall not have changeable copy.
6.
If illuminated, signs may be externally lighted and directed downward.
7.
Wall signs shall not cover architectural features or details and not
extend beyond the roof line or outer edges of the building.
8.
Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved
by the community development department director.
(Ord. No. 09-04-40, art. 33, § 25 , 4-27-2009)
Secs. 64-2304—64-2322. - Reserved.
DIVISION 4. - OVERLAY DISTRICTS
Sec. 64-2323. - This division takes precedence.
Sec. 64-2324. - State Route 9 Overlay District signs.
Sec. 64-2325. - Crabapple Crossing Overlay District signs.
Sec. 64-2326. - Birmingham Crossing Overlay District signs.
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Sec. 64-2323. - This division takes precedence.
The standards and requirements of this division shall take precedence over citywide standards
and requirements within the boundaries of the given overlay district.
(Ord. No. 09-04-40, art. 33, § 26 , 4-27-2009)
Sec. 64-2324. - State Route 9 Overlay District signs.
In the State Route 9 Overlay District the following signage standards shall apply:
(a)
All freestanding signs shall be monuments with the width of the base equal to the width of the sign
face. The structure and base should match the principal building materials.
(b)
Multi tenant developments are allowed one primary monument for the overall development which
shall not exceed a maximum surface area of 48 square feet and a maximum height of 12 feet.
(c)
Multi tenant developments on corner lots are allowed an additional monument sign on the
secondary street at the project entrance which shall not exceed a maximum surface area of 24
square feet and a maximum height of four feet.
(d)
For multi tenant retail, commercial, office, or institutional developments:
1. Each tenant is allowed one, maximum 24 square foot banner, per the time limits stated in
Section 64-2303.
2. The banner shall be placed on the tenant’s storefront or wall space.
3. If building location renders installation on the wall not visible from the road, an
administrative variance may be applied for to allow the banner to be installed on the
ground. The variance shall condition the banner placement to a specific location on the
development.
i.) All ground mounted banners shall be installed on a PVC frame, or its
equivalent.
i.)ii.) If the banner is required to be placed behind a fence, the banner shall have
a maximum height of 12 feet.
4. No more than four ground mounted banners may be displayed in a zoned development at
one time.
(e)
Single tenant sites and outparcels are limited to one monument which shall not exceed a
maximum surface area of 32 square feet and a maximum height of six feet.
(f)
Gas stations, convenience stores, discount warehouses and similar facilities that sell gasoline may
have an additional 24 square feet of surface area and not to exceed six feet in height.
(g)
Two or more businesses that share a single tenant space are limited to one monument sign, which
shall not exceed a maximum surface area of 32 square feet and a maximum height of six feet.
(h)
Monument signs shall be set back a minimum ten feet from the public right-of-way and shall be a
minimum of 35 feet from any other identification monument.
(i)
Each place of business is allowed a maximum of two wall signs.
(j)
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Wall signs shall face public streets and pedestrian parking areas.
(k)
Wall signs shall not exceed 100 square feet or five percent of the applicable wall area, whichever
is less. The length of the sign shall not exceed ten times the height of the sign.
(l)
Permanent and temporary signs in windows shall not exceed twenty percent of each window. The
area of the doors and spandrel glass panels are excluded from the calculation of the applicable
sign area. The area of clerestory windows is excluded from the calculations of the applicable sign
area.
(m)
The following information may be permanently displayed in windows or glass doors and is exempt
from the twenty percent limit: street address, required to be posted by local, state or federal
governments. The lettering for this information shall be four inches tall or as required by fire
prevention code. Also exempt are store hours and security information.
(n)
As an exception to the prohibition in (r) each commercial establishment shall be entitled to a
single exposed neon or LED sign which may only be illuminated during periods when the
commercial establishment is open for public business. Such sign shall have a maximum sign
face of two square feet, and shall be positioned on the interior as a window sign no more than
five feet from the main entrance of the commercial establishment. Please note that the sign is
expressly prohibited from blinking, flashing, fluctuating and may not be animated in any way.
imum 42illumination
As an exception to the prohibition in (r), each commercial establishment shall be entitled to
either one sign, maximum 4 square feet, which may be neon or LED OR two signs, each a
maximum of 2 square feet, of which only one may be neon or other illumination. Such signs
shall be positioned on the interior as a window sign, not more than 10 feet from the floor, with
at least one sign being not more than 5 feet from the entrance to the commercial
establishment. The signs are expressly prohibited from blinking, flashing or fluctuating and may
not be animated in any way and may only be illuminated during the time the establishment is
open to the public for business."
Notwithstanding the prohibitions contained in subsection (r) below, each commercial
establishment shall be entitled to a maximum of two internally illuminated window signs. If the
establishment has a single internally illuminated window sign, the sign may be a maximum of four
square feet in size and may be neon or LED illumination. If the establishment has two internally
illuminated window signs, neither sign may be larger than two square feet in size and only one
may be neon or LED, while the second may be of other illumination. All internally illuminated
window signs shall be position on the interior as a window sign, not more than ten feet from the
floor, with at least one sign being not more than five feet from the main public entrance to the
commercial establishment. None of the internally illuminated window signs may blink, flash,
fluctuate or be animated in any way. Internally illuminated window sings may only be illuminated
during the time the commercial establishment is open to the public for business.
Any sign on or within 5 feet of a window is considered a window sign for purposes of
application of this Section.
(o)
Wall signs shall be flush against the wall, not cover architectural features or details, and not
extend beyond the roof line or outer edges of the building.
(p)
Awnings and canopy signs with names are considered signs and may be substituted for
monument or wall signs. If substituted, they shall be included in the maximum size calculations.
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(q)
The architectural color standards of the district apply only to the sign structure not to the sign face.
See the following table.
(r)
The following types of signs are prohibited:
(1)
a) posters, placards
b) blinking, rotating, projecting, flashing, fluctuating or otherwise animated
c) pylon, pole, lollypop
d) roof, marquee
e) portable, attached to vehicles
f) sandwich, a-frame
g) changeable copy signs
h) electronic/manual reader boards, changeable copy
i) Internally illuminated window signs (except as allowed in Section 64 -2324(n))
(2)
Vehicles with lettering or graphics greater than two inches in height identifying or
promoting a business or commercial activity shall not be parked or stored within 100 feet
of the curb of any public right-of-way. This standard does not apply to vehicles used
regularly for delivery, pick-ups, service calls, or transporting customers, except that such
vehicles shall not be parked within 50 feet of the curb of any public right-of-way after
hours if the vehicles are visible from the public right-of-way.
(s)
Wall signs may be internally illuminated.
(t)
Monument signs shall be externally illuminated.
Permitted Colors for Sign Structure
The following numbers refer to the Pantone
Matching System, an international color matching system
White Reds
168C, 181C,
483C, 484C,
675C, 1685C, 4975C
Browns, Beiges and Tans
462C to 468C;
4625C to 4685C,
469C, 474C, 475C;
4695C to 4755C
478C,
719C to 724C
725C to 731C
476U to 482U
719U to 725U
726U to 732U
Red-Browns
1154U, 1395
1405U
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STATE ROUTE 9 OVERLAY DISTRICT MAP.
(Ord. No. 09-04-40, art. 33, § 26.1, 4-27-2009)
.....
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Sec. 64-2325. - Crabapple Crossing Overlay District signs.
In the Crabapple Crossroads Overlay District the following signage standards shall apply:
(a)
Freestanding signs.
(1)
All freestanding signs must meet the following standards:
a.
Signs shall not have changeable copy including, but not limited to, scrolling,
rotating, flashing, and computerized changeable copy. Theatres, schools,
churches, parks and gas stations may have changeable copy that is changed
manually.
b.
If illumination is used, the sign shall be externally illuminated. The light shall be
screened from view with evergreen plantings as approved by the community
development department director.
c.
The sign structure shall be constructed of wood, brick or stone or a material
which has the appearance of wood, brick, or stone as approved by the
community development department director and to the extent possible shall be
the same material as the predominant material of the principal building.
d.
The sign face and sign letters shall be made out of wood, a material which has
the appearance of carved, distressed, or sandblasted wood or stone as
approved by the community development department director. Plastic inserts
are prohibited.
e.
The sign may be supported either on one side or on both sides (i.e., shingle
sign).
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(2)
For nonresidential multi tenant building and developments, freestanding signs must meet
the following standards:
a.
The maximum height shall be eight feet from finished grade.
b.
The maximum size of the sign area shall be 32 square feet.
c.
There may be one sign per right-of-way frontage and it shall be located at a
project entrance.
(3)
For nonresidential single tenant buildings, freestanding signs must meet the following
standards:
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a.
Maximum height shall be six feet from finished grade.
b.
The maximum size of the sign area shall be 20 square feet.
c.
There may be one sign per right-of-way frontage and it shall be located at a
project entrance.
(4)
For residential uses, freestanding signs must meet the following standards:.
a.
Maximum height shall be six feet from finished grade.
b.
Each residential development may have a maximum of two, 12 square foot
freestanding signs, which shall not exceed 24 square feet each, or one 16
square foot sign per entrance.
(b)
Wall signs must meet the following standards:
(1)
Wall signs shall not have changeable copy.
(2)
If illuminated, wall signs shall be externally illuminated and directed downward.
(3)
Wall sign shall not cover architectural features or details and not extend beyond the roof
line. Wall signs can hang from the building.
(4)
Wall sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the Director.
(5)
A business may have one wall sign. The sign can be flush against the wall or it can hang
from the building. The size shall be three percent of the applicable wall area. Single
tenant buildings and end units of multi tenant buildings may have an additional wall sign.
(6)
A business may have an additional sign perpendicular to the wall with a maximum sign
area size of four square feet.
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(c) Other signage
(1)
Permanent and temporary signs in windows shall not exceed twenty percent of each
window.. The area of the doors and spandrel glass panels are excluded from the
calculation of the applicable sign area. The area of clerestory windows is excluded from
the calculations of the applicable sign area.
Internally illuminated window signs are prohibited.
s an exception to the prohibition in (e), each commercial establishment shall be entitled to
either one sign, maximum 4 square feet, which may be neon or LED OR two signs, each a
of 2 square feet, of which only one may be neon or . Such signs shall be positioned on the
interior as a window sign, not more than 10 feet from the floor, with at least one sign being
not more than 5 feet from the entrance to the commercial establishment. The signs are
expressly prohibited from blinking, flashing or fluctuating and may not be animated in any
way, and may only be illuminated during the time the establishment is open to the public
for business."
Notwithstanding the prohibitions contained in subsection (r) below, each commercial
establishment shall be entitled to a maximum of two internally illuminated window signs. If
the establishment has a single internally illuminated window sign, the sign may be a
maximum of four square feet in size and may be neon or LED illumination. If the
establishment has two internally illuminated window signs, neither sign may be larger than
two square feet in size and only one may be neon or LED, while the second may be of
other illumination. All internally illuminated window signs shall be position on the interior
as a window sign, not more than ten feet from the floor, with at least one sign being not
more than five feet from the main public entrance to the commercial establishment. None
of the internally illuminated window signs may blink, flash, fluctuate or be animated in any
way. Internally illuminated window sings may only be illuminated during the time the
commercial establishment is open to the public for business.
(2) A business may have one sandwich board sign. Sign shall be:
a) single or double faced
b) metal or wood framed (no plastic)
c) black or green, chalkboard type face
d) located per ADA compliance (minimum 36 inches from the building); no more than
10 feet from building
e) located so as not to impede pedestrian or vehicular traffic
f) not placed in tree island or landscape strip
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g) maximum height of four feet, six square feet per panel
h) brought inside at the close of business
(d)
Sign structure colors. Permitted colors for Crabapple Crossroads sign structures shall be limited to
those listed in the table below.
(e)
The following types of signs are prohibited:
1. monument
2. pylon, pole, lollypop, projecting signs
3. roof, marquee
4. electronic or manual reader boards, changeable copy signs
5. any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way
animated
6. portable, excluding sandwich signs
7. posters, placards
8. internally illuminated wall signs
9. internally illuminated window signs
(f)
Window signs. Any sign within five feet of a window is considered a window sign, for the
purposes of application of this section.
Permitted Colors for Sign Structure
The following numbers refer to the Pantone
Matching System, an international color matching system
1807C
2C-7C
289C
316C
401-405C
407-412C
423C
424-425C
448-450C
4485U
4495C
451C
4505C
4515-4525C
455C
462U
464U
476U
478U
484C
4491C
497
553
5536
539
548
5467
5743U
5747U
5757U
5773U
5815U
5835
625U
627U
Warm Grey 5-7C
Warm Grey 8-11
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CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP.
(Ord. No. 09-04-40, art. 33, § 26.2, 4-27-2009)
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Sec. 64-2326. - Birmingham Crossing Overlay District signs.
In the Birmingham Crossroads Overlay district, the following sign standards shall apply:
(a)
Freestanding signs.
(1)
All freestanding signs must meet the following standards:
a.
Signs shall not have changeable copy, including scrolling, rotating, flashing, and
computerized changeable copy.
b.
If illumination is used, the sign shall be externally illuminated. The light shall be
directed downwards.
c.
The sign structure shall be constructed of wood, brick or stone and to the extent
possible, shall be the same material as the predominant material of the principal
building.
d.
The sign face shall be made out of wood, a material which has the appearance
of carved, distressed, or sandblasted wood, or stone, as approved by the
community development department director. Plastic inserts are prohibited.
e.
The sign may be supported either on one side or on both sides (i.e., shingle
sign).
(2)
For nonresidential multi tenant building and developments, freestanding signs must meet
the following standards:
a.
The maximum height shall be eight feet from finished grade.
b.
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The maximum size of the sign area shall be 32 square feet.
c.
There may be one freestanding sign per right-of-way frontage.
(3)
For nonresidential single tenant buildings, freestanding signs must meet the following
standards:
a.
Maximum height shall be six feet from finished grade.
b.
The maximum size of the sign area shall be 20 square feet.
c.
There may be one freestanding sign per right-of-way frontage.
(4)
For residential uses, freestanding signs must meet the following standards:
a.
Maximum height shall be six feet from finished grade.
b.
The maximum size shall be 16 square feet.
c.
Each residential development may have a maximum of one sign per entrance.
(b)
Wall signs.
(1)
Wall signs shall not have changeable copy.
(2)
If illuminated, wall signs shall be externally illuminated, with the lighting directed
downward.
(3)
Wall sign shall not cover architectural features or details and not extend beyond the roof
line.
(4)
Wall sign faces shall be made out of wood or other material which has the appearance of
carved, distressed, or sandblasted wood as approved by the community development
department director.
(5)
A business may have one wall sign. The sign can be flush against the wall or it can hang
from the building. The size shall be three percent of the applicable wall area. Single
tenant buildings and end units of multi tenant buildings may have one additional wall sign.
(6)
A business may have an additional sign, perpendicular to the wall, with a maximum sign
area size of four square feet.
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(7)
A portion of the wall sign can be placed on an overhang or a canopy.
(c)
Other signage
(1)
Permanent and temporary signs in windows shall not exceed twenty percent of each
window, and shall not block visibility from outside the store. The area of the doors and
clerestory windows are excluded from the calculation of the applicable sign area. Internally
illuminated window signs are prohibited.
(2) A business may have one sandwich board sign. Sign shall be:
a) single or double faced
b) metal or wood framed (no plastic)
c) black or green, chalkboard type
d) location shall be ADA compliant (minimum 36 inches from the building); no more
than 10 feet from building
e) not allowed to impede pedestrian or vehicular traffic
f) not placed in tree island or landscape strip
g) max height of four feet, six square feet per panel
h) brought inside at the close of business
(d)
Sign structure colors. Permitted colors for Birmingham Crossroads sign structures are limited to
those listed below.
Permitted Colors for Sign Structure
The following numbers refer to the Pantone
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(e)
The following types of signs are prohibited:
1. pylon, pole, lollypop, projecting signs
2. monument signs
3. roof, marquee signs
4. electronic or manual reader boards, changeable copy signs
5. any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way
animated
6. portable, excluding sandwich signs
7. posters, placards
8. internally illuminated wall signs
Matching System, an international color matching system
1807C
2C-7C
289C
3316
401-405C
407-412C
412C
415-419C
423C
424-425C
448-450C
4485U
4495C
451C
4505C
4515-4525C
455C
462U
464U
476U
478U
484C
491C
4975
553
5363
539
548
5467
5743U
5747U
5757U
5773U
5815U
5835U
625U
627U
Warm Grey 5-7C
Warm Grey 8-11
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BIRMINGHAM CROSSROADS OVERLAY DISTRICT MAP.
(Ord. No. 09-04-40, art. 33, § 26.3, 4-27-2009)
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DIVISION 5. – OTHER SIGN REQUIREMENTS
Sec. 64-2327.- Master Signage Plan.
Sec. 64-2327 – Master Signage Plan
a. Purpose
1. A Master Signage Plan is an administrative permit which establishes standards (size, design, location, etc.)
for all exterior signs associated with a multi tenant or multi building development. The master signage plan
shall ensure long term aesthetic compatibility of signage throughout the development. The requirement of
this Section shall be in addition to the Overlay signage requirements of the City of Milton. In the event of
any conflict between this Section and the Overlay signage requirements, this Section shall prevail.
2. The goal of a Master Signage Plan is to:
a) Adequately and effectively communicate business identity and type to the public;
b) Promote consistency among signs within a development, thus creating visual harmony between signs,
buildings, landscaping and other components of the property;
c) Enhance the compatibility of signs with the architectural and site design features within a development;
d) Encourage signage that is in character with planned and existing uses, thus creating a unique sense of
place;
e) Protect the community from sign clutter and visual blight resulting from excessive and redundant signs.
b. Applicability
1. A Master Signage Plan is required for all new developments and newly zoned multiple tenant, commercial
buildings, all multi building or multi occupant commercial or office developments, all mixed use
developments, single family and multifamily developments.
c. Approval Authority
1. A Master Signage Plan for a property that is undeveloped and does not require rezoning, shall be reviewed by
the City of Milton Department of Community Development as part of the site plan review process, and must be
approved by the Director of Community Development. If the property requires rezoning or a use permit, it shall
be reviewed as part of the rezoning/use permits process, and must be approved by the Mayor and City
Council.
A separate sign permit will be required for all non exempt signs (as indicated in the City of Milton sign
ordinance).
2. The Master Signage Plan shall utilize the types of signs described in this section to create a harmonious,
consistent system of signage that improves the public safety within the development.
d. Application requirements
A master signage plan application shall be a written and/or illustrated document to depict the proposed
signs, which shall include the following:
a) Proposed sign palette, which may include:
1) Entryway signs
2) Primary multi tenant freestanding signs
3) Secondary multi tenant freestanding signs
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4) Single tenant/outparcel freestanding signs
5) Office/industrial park project freestanding sign
6) Residential development freestanding signs
6)7) Secondary residential development freestanding signs
8) Tenant directory freestanding signs
7)9) Tenant directory wall signs
8)10) Directional freestanding signs
9)11) Temporary standard informational signs
10)12) Real estate signs
11)13) Temporary banners
12)14) Signs during construction
13)15) Wall signs
14)16) Shingle signs
15)17) Window signs/graphics
18) Awning/canopy signs
16)19) Tenant informational signs
b) Site plan, drawn to scale, of the entire development/area showing the location of all proposed signs
included in the sign palette;
c) Size and number of all proposed signs, including maximum area, letter height, number height, etc.;
d) Color and style palette for all signs, including context of where signs are to be placed on any given
façade;
e) Type of illumination proposed (external, internal, etc.);
f) Landscaping and/or ornamental structures including fences, fountains, public art, ground cover and
other landscaping elements that are intended to complement the proposed sign palette and design;
g) Site location map;
h) Photos of property as it appears from the street;
i) Any other information reasonably required by the Director.
e. Design Guidelines
1. The following sign design guidelines are designed to help ensure quality signs that communicate their
message in a clear fashion. Because not all design criteria may be workable or appropriate for each sign or
project, the Director or Mayor and City Council may allow deviation from the design guidelines in their
application to specific signs or projects, where the proposed Master Signage Plan creates a harmonious,
consistent system of signage that improves the public safety within the development.
The following subsections provide examples of acceptable forms of signage. Pictures are not to scale.
2. Signs by type:
a) Entryway signs. Entryway signs mean ground signs which are placed on the perimeter of a mixed use
development, community or area. Such signs may flank both sides of the entrance and may include
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ground or landscape wall sign types. An entryway sign may identify the name of the community and/or
interior businesses or communities.
b) Primary multi tenant freestanding signs. Primary multi tenant freestanding signs means freestanding
signs located on a multi tenant site, and which are orientated to be visible from the road.. Primary multi
tenant freestanding signs may provide formal identification of the entire project to arterial traffic.
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c) Secondary multi tenant freestanding signs. Secondary multi tenant freestanding signs means
freestanding signs located on a corner lot, on a multi tenant site, and which are orientated to be visible
from the road. Secondary multi tenant freestanding signs may provide formal identification of the entire
project or one or some of the project’s tenants.
d) Single tenant/outparcel freestanding signs. Single tenant/outparcel freestanding signs
means signs located on single tenant sites and outparcels, and which are orientated to be
visible from the road. Single tenant/outparcel freestanding signs may provide formal
identification of the business located on the site.
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b)e) Office /industrial park project identification freestanding signs. Office/industrial park project identification
freestanding signs means freestanding signs which are located at the entrance to a platted office or
industrial park. Office/industrial park project identification freestanding signs may identify the platted
name of the office or industrial park.
Formatted: Font: (Default) Arial, 9 pt
Formatted: Font: (Default) Arial, 9 pt
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c)f) Residential development freestanding signs. Residential development freestanding signs means
freestanding signs located at the entrance to a residential development. Residential development
freestanding signs may identify the name of a single family, townhome or apartment development.
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d)g) Secondary residential development freestanding signs. Secondary residential development
freestanding signs means pillar type freestanding signs which are located at different phases within
a residential development, or at the entrance to an amenity area within a residential development.
A secondary residential development freestanding sign may indicate the name of the phase within
a single family or townhome residential development.
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e)h) Tenant directory freestanding signs. Means ground signs which are placed internal to the development
or community, and cannot be read from the right of way. They may, for example, provide a listing of the
names of businesses, activities, addresses, locations, uses or places within a building or complex of
buildings for the purpose of identification.
f)i) Tenant directory wall signs. Tenant directory wall signs means signs which are placed internal to the
development or community, and are not intended to be read from the right of way. These signs may
provide a listing of the names of businesses, activities, addresses, locations, uses or places within a
building or complex of buildings for the purpose of identification. Tenant directory wall signs shall have a
maximum size of 12 square feet.
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g)j) Directional freestanding signs. Direction freestanding signs means signs used at driveways to improve
public safety and to enhance public access to the site from public streets. These signs may be used to
direct pedestrian or vehicular traffic on a parcel. Directional freestanding signs shall be externally
illuminated, and shall have a maximum height of three (3) feet.
h)k) Temporary standard informational signs. Temporary standard informational signs means signs
located on private property, with an area of not greater than four square feet, with a sign face made for
short-term use, containing no reflecting elements, flags, or projections and which, when erect, stands at
a height not greater than five feet and are mounted on a stake or metal frame with a thickness or
diameter not greater than 1½ inches. There shall be no more than 3 temporary standard informational
signs per residential lot, and no more than one per commercial lot.
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i)l) Sandwich boards. Sandwich boards means A- frame signs with a black or green chalkboard type
face, with a wood frame. The maximum height of sandwich boards shall be four feet, with a maximum
sign face of six square feet per panel.
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j)m) Temporary freestanding signs. Temporary freestanding signs means signs which are erected while a
tenant space, building or vacant lot is currently for sale, lease or rent. A property or space for sale or
lease is allowed one temporary freestanding sign per road frontage. On major roads, as defined in
Section 64-2303, temporary freestanding signs are allowed to be a maximum of nine square feet in
size, while such signs are allowed to be a maximum of six square feet in size on all other roads.
Temporary freestanding sings shall have a maximum height of nine feet.
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k)n) Temporary banners. Temporary banners means signs, other than flags, with or without characters,
letters, illustrations or ornamentation applied to cloth, paper, vinyl or fabric that are intended to be hung
either with a frame or without a frame. Neither flags nor canopy signs are considered banners. (Canopy
signs are counted toward wall signage).
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l)o) Signs during construction. Signs during construction means temporary, freestanding signs that shall be
allowed beginning with the commencement of construction and ending with the issuance of the last
Certificate of Occupancy, or two years, whichever one shall first occur. Thereafter, the permittee may
reapply for a renewal permit subject to same termination conditions as above. If lighted, the sign shall
be externally illuminated. Signs during construction are allowed to be a maximum of 12 square feet,
with a maximum height of five feet.
m)p) Wall signs. Wall signs means any signs attached parallel to a wall, painted on the wall surface or
erected and confined within the limits of an outside wall of any building or structure, which is supported
by such wall or building and which displays only one sign surface. Wall signs shall be f lush with the wall,
building, or structure to which it is mounted or affixed, except as otherwise set forth herein.
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q) Shingle signs. Shingle signs means signs suspended from a roof overhang of a covered porch or
walkway or attached to a building wall fascia, which may, for example, identify the tenant of the adjacent
space. These signs shall be installed perpendicular to the wall.
r) Window signs/graphics. Window sign/graphics means any sign, cut-out letters, painted text or
graphics, window film, or other text or visual presentation that is affixed to the interior or exterior of
the window or window panes, or within five feet of the interior of the window or window panes and
is visible from the exterior of the structure.
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s) Awning/canopy signs. Awning/canopy signs means any sign that is a part of, or attached to, an
awning, canopy or other fabric, plastic or structural protective cover over a door, entrance,
window, or outdoor service area. The term "awning/canopy sign" does not include a marquee.
Awning/canopy signs may be substituted for monument or wall signs. If substituted, they shall be
included in the maximum size calculations.
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t) Tenant informational signs. Tenant informational signs means wall or ground signs intended
primarily for the convenience of the public or to ensure the orderly operation of the site, that may
include, for example, signs designating restrooms, address numbers, public telephone and instructions
regarding parking. Each tenant informational sign shall be a maximum of 12 square feet, with no single
sign greater than four square feet.
u) PROHIBITED SIGNS
The following types of signs are prohibited in the Master signage plan:
(1)
Unidentified signs.
(2)
Moving signs, sandwich boards and signs applied directly to sidewalk or curb (except
where specifically allowed), balloons, streamers or air or gas filled figures and other
similar temporary signs, except where permitted in Sections 64-2325,c and -2326,c. .
(2)
Beacons, search lights, laser lights or images.
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(3)
Audible signs.
(4)
Signs in right-of-way, other than those belonging to a government, public service agency,
or railroad.
(5)
Signs mounted on a utility pole, water tower or other similar structure, architectural
features, traffic signal or traffic control box and cell towers.
(6)
Roof signs, Marquee signs
(7)
Portable signs, except that signs posted in the window of a vehicle, totaling one square
foot, shall be permitted, unless the vehicle is parked within a nonresidential district or AG-
1 (Agricultural) developed with a nonresidential use, with the intent to sell that vehicle.
(8)
Obscene signs.
(9)
Illegal activity signs.
(10)
Signs not maintained.
(11)
Animated signs, flashing signs, rotating signs, and changeable copy signs.
(12)
Imitation traffic signs.
(13)
Graffiti.
(14)
Sign kiosks.
(15)
Signs attached to or painted on natural objects.
(16)
Temporary signs and banners attached to fences or walls, unless specifically allowed.
(17)
Internally illuminated window signs, including neon, except as allowed in Sections 64-
2324, n and -2325,c.
(18) Signs in landscape strip unless approved by the City Arborist.
DIVISION 6: VIOLATIONS AND PENALTIES
Sec. 64-2329. – Violatoins; penalties.
1. Noncompliance
No person shall erect or allow to be erected on any premises owned or controlled by that
person any sign which does not comply with the standards of this article.
2. Dangerous or defective condition
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No person shall maintain or allow to be maintained on any premises owned or controlled by
that person any sign which is in a dangerous or defective condition. Any such sign shall be
removed or repaired by the permittee of the sign, the owner of the premises, or as otherwise
provided for in this article.
3. Separate violation.
Each sign installed, created, erected or maintained in violation of this article, and any sign
allowed to be so installed, created, erected or maintained, shall be considered a separate
violation when applying the penalty portions herein.
4. Public nuisance.
Any violation of this article is hereby declared to be a public nuisance.
5. Penalties
In the event of a violation of any violation of this article, the city shall be entitled to pursue any
one or more of the following remedies: suspension of the sign permit in accordance with
Section 2270(a) revocation of the sign permit in accordance with Section 2270(b), termination
of the sign permit in accordance with Section 2270(c), citation in accordance with Section
2270(d), injunctive relief in accordance with Section 2270(e), and removal of the sign in
accordance with Section 2270(f).
Sec. 64-2330. - Suspension; Revocation, Termination, Citation, Removal.
(a) Suspension
(1)
If a sign permit was issued by the City in error, the permit is void ab initio. Immediately upon
discovery of facts suggesting that a permit was issued in error, the director shall suspend the
permit and give notice to the permittee of the suspension. The notice shall advise the permittee
of the determination that the permit was issued in error, the permit has been suspended, the
reason(s) for the suspension, and that the permittee shall have 30 days to appeal the
determination that the permit was issued in error pursuant to the procedures for appeals of
administrative decisions.
(2)
No work shall be performed pursuant to any sign permit while such permit is suspended.
(3)
If no appeal is filed within 30 days from the date of the notice, the permit shall be deemed
revoked.
(4)
Notwithstanding any provisions in the zoning ordinance to the contrary, if a final decision on an
appeal of a sign permit suspension decision is not rendered within 60 days after the filing of a
completed application for appeal of the decision to suspend the sign permit, the decision to
suspend the permit shall be deemed reversed and the sign permit shall be reinstated upon
request of the applicant.
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(b) Revocation
(1)
a.
Prior to the initiation of work pursuant to a sign permit issued by the city, should it be
determined that the sign permit was issued pursuant to an application containing a false
material statement or omission, the director shall revoke said permit and the subject sign shall
not be entitled to be erected.
b.
A revocation pursuant to this subsection shall be appealable pursuant to the procedures for
appeals of administrative decisions outlined in this zoning ordinance. Notwithstanding any
provisions in the zoning ordinance to the contrary, if a final decision on an appeal of a sign
permit revocation decision is not rendered within 60 days after the filing of a completed
application for appeal of the decision to revoke the sign permit, the decision to revoke the
permit shall be deemed reversed and the sign permit shall be reinstated upon request of the
applicant.
(2)
After the initiation of work pursuant to a sign permit issued by the city, should it be determined that
the sign permit was issued pursuant to an application containing a false material statement or
omission, the director shall issue a stop work order on the erection of the sign and submit a
recommendation to the Mayor and City Council that the permit be revoked. The Mayor and City
Council shall then conduct a revocation hearing in accordance with section D, below.
(c) Termination
A violation of any provision of this article once initiation of work pursuant to a sign permit issued
by the city has begun shall be grounds for termination of the permit. No permit shall be
terminated and until after the permittee is granted a public hearing as set forth in section D,
below.
(d) Citation
If any sign or other device covered by this article is erected, constructed, altered, converted or
used in violation of any provision of this article, the director may issue a citation. Any violation
of this article shall be an offense, and the violator shall be subject to a fine of up to $1,000.00
per day or imprisonment for up to 60 days, or by both such fine and imprisonment. The citation
shall be prosecuted subject to the same procedures established for violations of this zoning
ordinance.
(e) Injunction
If any sign or other device covered by this article is found to be in violation of this article after a
public hearing conducted in accordance with section D, below, the city may seek an injunction
against the continuing violation or take other appropriate action to prevent such unlawful
erection, construction, alteration, conversion or use to correct or abate such violation.
(f) Removal
1.
If any sign or other device covered by this article is found to be in violation of this article after a
public hearing conducted in accordance with section D, below, the city may order the removal
of the sign by written notice to the permit holder; or if there is no permit holder, then to the
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owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the
sign erector and any party that procured the erection of the sign. If a permit has been issued,
such notice shall operate to revoke the permit.
2.
Procedure following removal order. If the sign is not removed within the time allowable
pursuant to the city’s written notice ordering removal pursuant to Section 2270 B(f)(1), the City
may remove or cause to be removed the sign and collect the costs therefore from the permit
holder, the owner of the sign, the sign erector, any party that procured the erections of the sign,
or the owner of the property on which the sign is located.
Sec. 64-22712331.Notice
The Director shall give the holder of a sign permit at least 14 calendar day’s written notice of
any public hearing with respect to the termination of the sign permit, unless the urgency of the
particular situation resulting in the hearing and the practical considerations of completing
measures to comport with the standards of this article reasonably justify less notice in order to
protect the public health, safety and welfare. The notice shall include the date of the hearing;
the violations alleged to have occurred that will be the subject of the public hearing, and the
relief to be considered by the city council. The notice shall advise the permittee of the time and
place of the hearing, their right to appear at the hearing and to contest the violation and
proposed relief.
Sec.64-2272 2332- Hearing.
Upon notification by the director of a sign or other device covered by this article being in
violation of this article, the city council shall schedule a public hearing at its next available
regular meeting whereby the holder of the sign permit for the sign or device that is in violation
can receive notice in compliance with section C, above. At the public hearing the council shall
consider whether to terminate the permit and require such other relief as may be necessary to
protect the public health, safety, and welfare. The hearing shall be conducted in accordance
with the minimum requirements for public hearings as set forth in the Georgia Zoning
Procedures Law (O.C.G.A. § 36-66-1, et seq.).
termination.
(a)
Violation. A violation of any provision of this article shall be grounds for terminating the permit
granted by the city to the permittee or the person or entity erecting the sign. No permit shall be
suspended, revoked or canceled except for due cause, as hereinafter defined, and until after the
permittee is granted a public hearing before the city council.
(b)
Hearing. The permittee shall be given ten days' written notice of the time, place, and purpose of
the hearing, with a statement of the reason for the suspension, revocation, or canceling of such
permit and license. The term "due cause" means the violation of the standards of this article. The
termination of the permit does not in any way preclude the person alleged to have violated the
standards of this article from being tried under section 64-2297 or preclude the city from taking any
other action authorized by this Code or any action authorized by law.
(Ord. No. 09-04-40, art. 33, § 12, 4-27-2009)
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE________
AN ORDINANCE TO AMEND ARTICLE XVI OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE - SIGNS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on February 22, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Article XVI, in regards to size,
number and type of signs and adding a Master Signage Plan for signs is hereby adopted and
approved; 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 22nd day of February, 2012.
___________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 3
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: January 27, 2012 for the February 22, 2012, City Council Meeting (February 6,
2012 – First Presentation, February 13, 2012 - Work Session)
Re: RZ12-01 – Text Amendment to Article VI, Division 2 – AG-1 (Agricultural) as it
relates to allowing structures housing animals within the front yard and fencing
along the public right-of-way
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment to amend Article
VI, Division 2 – AG-1 (Agricultural) as recommended by Staff.
Background:
Since the City’s creation in December 2006, there has been several property owners who have
needed to request a primary variance to the Board of Zoning Appeals to allow newly
constructed barns and covered riding arenas to be placed in front of their primary residence. For
properties with a single family residence, accessory use barns housing animals and covered
riding arenas, the current Zoning Ordinance requires the barn and/or covered riding arenas to
be placed behind the primary structure outside of the minimum side and rear yards. There are
many parcels of land within the City where the shape and size do not lend itself to placing these
structures behind the primary residence and therefore, property owners have applied for a
variance to allow the structures to be constructed.
Another issue that has been discovered by Staff is to require residential and agricultural uses
within the AG-1 (Agricultural) district, especially within the Northwest Fulton Overlay District, to
require fencing along public right of ways be only three or four board fencing and to prohibit
opaque type fencing.
Discussion:
Throughout the years, City Staff has heard from the equestrian community the need to become
more equestrian friendly to help promote the industry whether it is as recreational purposes for
individual property owners or for commercial farms. It is Staff’s opinion that by approving this
text amendment “to allow barns and covered riding rings within the front yard”, it will allow those
parcels with horse farms to more easily operate within the City of Milton.
The Planning Commission met on January 24, 2012 and a copy of their recommendation is
attached entitled “Planning Commission’s Recommendation with City Attorney’s Comments”. A
copy of Staff’s recommendation is attached entitled “Staff’s Recommendations incorporating
City Attorney’s Comments” is also attached. Below is a summary of both the Planning
Commission and Staff’s recommendations for your review.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 2 of 3
Staff notes that a representative of the horse community was present at the Planning
Commission meeting to comment on the proposed changes and answer questions. There was
no one else in attendance at the Planning Commission meeting.
Parcels with a minimum of 10 acres (non-residential use)
A. Current
Article VI, Division 2, Section 64-415 (a)(4)– AG-1 (Agricultural) district currently addresses
parcels with a minimum of 10 acres with buildings housing animals as the primary use, not a
parcel where a single family residence is the primary use. In these situations, the buildings
housing animals are not considered an “accessory structure” and therefore only need to meet
the requirement to be a minimum of 100 feet from all property lines.
B. Proposed Staff Recommendations
Staff’s recommended language with the City Attorney’s edits also includes the requirement that
buildings housing animals provide a minimum of 150 feet from other residential uses on
adjacent properties.
As for covered riding areas, uncovered riding areas with lights and/or bleachers, a Use Permit
will be required. If this text amendment is approved as recommended, Staff will initiate the
creation of said Use Permit.
C. Proposed Planning Commission Recommendations
The Planning Commission recommended that structures housing horses and uncovered riding
areas and must be a minimum of 100 feet from all property lines and prohibit structures covering
riding areas, lighted riding areas, and designated seating structures for viewing riding areas.
Parcels with a single family residence
A. Current
Article VI, Division 2, Section 64-416 (i) require buildings housing animals be located in the rear
or side yards but shall be located outside the minimum yard setback. It is Staff’s interpretation
that the buildings housing animals and covered riding areas are associated with the agricultural
use and are therefore permitted where there is a primary residence but need to be placed in the
rear or side yards.
B. Proposed Staff Recommendations
Staff’s recommended language with the City Attorney’s edits has created in Section 64-415 (4)
(b) the allowance of structures housing domesticated animals in the front, side, and rear yards.
The structures housing domesticated animals will also be required to be a minimum of 100 feet
from all property lines and a minimum of 150 feet from other residential uses on adjacent
properties.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 3 of 3
As for covered riding areas, and uncovered riding areas with lights and/or bleachers, a Use
Permit will be required. If this text amendment is approved as recommended, Staff will initiate
the creation of said Use Permit.
C. Proposed Planning Commission Recommendations
The Planning Commission recommend that only buildings housing horses can be located in the
front yard, but all domesticated animals can be housed in buildings in the rear and side yards.
Additionally, both covered riding areas and uncovered riding areas with bleachers/and or
lighting are not permitted on parcels with a single family residence.
Fencing along public right-of-ways
Additionally, the text amendment proposes that only three or four board fencing will be permitted
along public right of ways within the AG-1 (Agricultural) district. It has been discovered that for
agricultural and residential uses within the AG-1 (Agricultural) district the Zoning Ordinance
does not prohibit opaque fencing. Within the Northwest Fulton Overlay District, non residential
uses are required to provide the 3 or 4 board fencing as well as prohibiting opaque fencing.
The Planning Commission was in support of Staff’s recommendation regarding three or four
board fencing along public right-of-ways.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to
Article VI, Division 2 – AG-1 (Agricultural)
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney – Reviewed on 1/26/12
Staff Recommendation Incorporating City Attorney’s Comments
RZ12-01 – Text Amendment prepared for the Mayor and City Council Meeting on February 22, 2012 (First
Presentation – February 6, 2012, Work Session February 13, 2012)
Page 1 of 3
DIVISION 2. AG-1 AGRICULTURAL DISTRICT
Sec. 64-414. Scope and intent.
The regulations set forth in this division are the AG-1 district regulations. Article IX should be consulted
to determine uses and minimum standards for uses allowed by administrative or use permit. The AG-1
district is intended to encompass lands devoted to a wide range of uses, including:
(1) Individual parcels devoted to residential use;
(2) Single-family subdivisions;
(3) Agricultural; and
(4) Closely related uses.
Sec. 64-415. Use regulations.
(a) Permitted uses. A building or property may be used for only the following purposes:
(1) Single-family dwelling.
(2) Agriculture, general and specialized farming, including: horticulture, plant nursery,
greenhouse, dairy farming, livestock raising and poultry raising; provided, however, that
buildings used for housing animals must be at least 100 feet from all property lines.
(3) Roadside stand for the sale of agricultural products produced on the property.
(4) Riding stable other than accessory; provided arena buildings housing animals are at
least 100 feet from all property lines and the lot is not less than ten acres. Standards for
keeping horses other than for a nonaccessory public riding stable are
the same as the standards contained in section 64- 165 pertaining
to the keeping of horses in a single-family dwelling district.
(4) a. Structures housing domesticated animals, which may be located in the front,
rear or side yards, provided that the structure must be, located at least 100 feet
from all property lines and at least 150 feet from any occupied structure located
on any other property.
b. Structures housing domesticated animals located on property whose primary
use is not residential must be located on property containing at least 10 acres.
(5) Kennel, veterinary hospital or veterinary clinic; provided buildings housing animals are
fully enclosed and at least 100 feet from all property lines and pens, runs, etc., which
are not located in a fully-enclosed building are at least 200 feet from all property lines.
Staff Recommendation Incorporating City Attorney’s Comments
RZ12-01 – Text Amendment prepared for the Mayor and City Council Meeting on February 22, 2012 (First
Presentation – February 6, 2012, Work Session February 13, 2012)
Page 2 of 3
(6) Uncovered riding area, which may be located in the front, rear or side yards.
(7) Covered riding area, lighted riding area or designated seating structures for viewing
riding areas are permitted with a Use Permit and may be located in the front, rear or
side yards, provided that the covered riding area, lighted riding area or designated
seating structures for viewing riding areas must be located at least 100 feet from all
property lines .
(b) Accessory uses. A building or land may be used for uses customarily incidental to any permitted
use and a dwelling may be used for a home occupation.
Sec. 64-416. Development standards.
(a) Height regulations. No building shall exceed 40 feet in height.
(b) Minimum front yard shall be 60 feet.
(c) Minimum side yard shall be as follows:
(1) Adjacent to interior line: 25 feet.
(2) Adjacent to street: 40 feet.
(d) Minimum rear yard shall be 50 feet.
(e) Minimum lot area shall be as follows:
(1) One acre with frontage on paved road.
(2) Three acres with frontage on unpaved road.
(f) Minimum lot width shall be 100 feet.
(g) Minimum lot frontage shall be 35 feet adjoining a street.
(h) Minimum heated floor area. There is no minimum heated floor area in this district.
(i) Minimum accessory structure requirements. Accessory structures may be located in rear or side
yards but shall not be located within a minimum yard.
(j) Fencing material and height along public streets.
(1) Allowed fencing material shall be three or four board wooden fencing with wood posts.
(2) Fences shall not exceed 55 inches from finished grade.
(3) Opaque fences are prohibited.
Staff Recommendation Incorporating City Attorney’s Comments
RZ12-01 – Text Amendment prepared for the Mayor and City Council Meeting on February 22, 2012 (First
Presentation – February 6, 2012, Work Session February 13, 2012)
Page 3 of 3
(4) Fences shall be set back a minimum of three feet from a public right-of-way.
(jk) Conservation subdivision. The development standards of a conservation subdivision shall be in
accordance with chapter 50, section V of the city Code (subdivision regulations). Chapter 50, section V,
conservation subdivision is currently reserved.
Sec. 64-417. Other regulations.
The following headings contain provisions applicable to the AG-1 district:
(1) Development regulations: article XVII of this zoning ordinance.
(2) Exceptions: article II, division 3 of this zoning ordinance.
(3) Floodplain management: article IV of this zoning ordinance.
(4) Off-street parking and loading: article VIII of this zoning ordinance.
(5) Outside storage: article II, division 2 of this zoning ordinance.
(6) Landscape area and buffer regulations: article III of this zoning ordinance.
(7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq.
(8) Signs: article XVI.
Secs. 64-418--64-436. Reserved.
Planning Commission’s Recommendation with City Attorney’s
Comments
PLANNING COMMISSION RECOMMENDATION HIGHLIGHTED IN YELLOW
CITY ATTORNEY RECOMMENDATION HIGHLIGHTED IN GRAY
RZ12-01 – Text Amendment prepared for the Mayor and City Council Meeting on February 22, 2012 (First
Presentation – February 6, 2012, Work Session February 13, 2012)
Page 1 of 4
DIVISION 2. AG-1 AGRICULTURAL DISTRICT
Sec. 64-414. Scope and intent.
The regulations set forth in this division are the AG-1 district regulations. Article IX should be consulted
to determine uses and minimum standards for uses allowed by administrative or use permit. The AG-1
district is intended to encompass lands devoted to a wide range of uses, including:
(1) Individual parcels devoted to residential use;
(2) Single-family subdivisions;
(3) Agricultural; and
(4) Closely related uses.
Sec. 64-415. Use regulations.
(a) Permitted uses. A building or property may be used for only the following purposes:
(1) Single-family dwelling.
(2) Agriculture, general and specialized farming, including: horticulture, plant nursery,
greenhouse, dairy farming, livestock raising and poultry raising; provided, however, that
buildings used for housing animals must be at least 100 feet from all property lines.
(3) Roadside stand for the sale of agricultural products produced on the property.
(4) Riding stable other than accessoryNon accessory riding arena, covered or uncovered;
provided arena buildings housing animals are is at least 100 feet from all property lines
and the lot is not less than ten acres. Standards for keeping horses other than for a
nonaccessory public riding stable are the same as the standards contained in section 64-
165 pertaining to the keeping of horses in a single-family dwelling district.
(4) Buildings for housing horses and uncovered riding areas, other than accessory; provided
buildings and uncovered riding areas are at least 100 feet from all property lines and the
lot is not less than ten acres.
(4) a. Structures housing horses, which may be located in the front, rear or side yards,
provided that the structure must be, located at least 100 feet from all property
Planning Commission’s Recommendation with City Attorney’s
Comments
PLANNING COMMISSION RECOMMENDATION HIGHLIGHTED IN YELLOW
CITY ATTORNEY RECOMMENDATION HIGHLIGHTED IN GRAY
RZ12-01 – Text Amendment prepared for the Mayor and City Council Meeting on February 22, 2012 (First
Presentation – February 6, 2012, Work Session February 13, 2012)
Page 2 of 4
lines and at least 150 feet from any occupied structure located on anyother
property.
b. A structure housing horses located on property whose primary use is not
residential must be located on property containing at least 10 acres.
(5) a. Structures housing horses and/or domesticated animals, which may be located
in the rear or side yards , provided that the structure must be, located at least
100 feet from all property lines and at least 150 feet from any occupied
structure located on any other property.
b. Structures housing horses, which may be located in the front yard, provided
that the structure must be, located at least 100 feet from all property lines and
at least 150 feet from any occupied structure located on any other property.
(6) Uncovered equestrian riding area, which may be located in the front, rear or side yards,
provided that the riding area must be located at least 100 feet from all property lines
and at least 150 feet from any occupied structure located on any other property, and
further provided that the riding area shall not be lighted and there shall not be
designated seating structures for viewing the riding area.
(65) Kennel, veterinary hospital or veterinary clinic; provided buildings housing animals are
fully enclosed and at least 100 feet from all property lines and pens, runs, etc., which
are not located in a fully-enclosed building are at least 200 feet from all property lines.
(b) Prohibited uses: structures covering riding areas, lighted riding areas, designated seating
structures for viewing riding areas.
(cb) Accessory uses. A building or land may be used for uses customarily incidental to any permitted
use and a dwelling may be used for a home occupation.
Sec. 64-416. Development standards.
(a) Height regulations. No building shall exceed 40 feet in height.
(b) Minimum front yard shall be 60 feet.
(c) Minimum side yard shall be as follows:
Planning Commission’s Recommendation with City Attorney’s
Comments
PLANNING COMMISSION RECOMMENDATION HIGHLIGHTED IN YELLOW
CITY ATTORNEY RECOMMENDATION HIGHLIGHTED IN GRAY
RZ12-01 – Text Amendment prepared for the Mayor and City Council Meeting on February 22, 2012 (First
Presentation – February 6, 2012, Work Session February 13, 2012)
Page 3 of 4
(1) Adjacent to interior line: 25 feet.
(2) Adjacent to street: 40 feet.
(d) Minimum rear yard shall be 50 feet.
(e) Minimum lot area shall be as follows:
(1) One acre with frontage on paved road.
(2) Three acres with frontage on unpaved road.
(f) Minimum lot width shall be 100 feet.
(g) Minimum lot frontage shall be 35 feet adjoining a street.
(h) Minimum heated floor area. There is no minimum heated floor area in this district.
(i) Minimum accessory structure requirements. Accessory structures may be located in rear or side
yards but shall not be located within a minimum yard.
(1) Accessory buildings housing horses are allowed in the front, side or rear yards, provided
the buildings are a minimum of 100 feet from all property lines and a minimum of 150
feet from any occupied building except the dwelling unit of the owner.
(2) Accessory uncovered riding areas are allowed in the front, side or rear yards, provided
the riding areas are at least a minimum of 100 feet from all property lines.
(j) Fencing material and height along public streets.
(1) Allowed fencing material shall be three or four board wooden fencing with wood posts.
(2) Fences shall not exceed 55 inches from finished grade.
(3) Opaque fences are prohibited.
(4) Fences shall be set back a minimum of three feet from a public right-of-way.
(jk) Conservation subdivision. The development standards of a conservation subdivision shall be in
accordance with chapter 50, section V of the city Code (subdivision regulations). Chapter 50, section V,
conservation subdivision is currently reserved.
Planning Commission’s Recommendation with City Attorney’s
Comments
PLANNING COMMISSION RECOMMENDATION HIGHLIGHTED IN YELLOW
CITY ATTORNEY RECOMMENDATION HIGHLIGHTED IN GRAY
RZ12-01 – Text Amendment prepared for the Mayor and City Council Meeting on February 22, 2012 (First
Presentation – February 6, 2012, Work Session February 13, 2012)
Page 4 of 4
Sec. 64-417. Other regulations.
The following headings contain provisions applicable to the AG-1 district:
(1) Development regulations: article XVII of this zoning ordinance.
(2) Exceptions: article II, division 3 of this zoning ordinance.
(3) Floodplain management: article IV of this zoning ordinance.
(4) Off-street parking and loading: article VIII of this zoning ordinance.
(5) Outside storage: article II, division 2 of this zoning ordinance.
(6) Landscape area and buffer regulations: article III of this zoning ordinance.
(7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq.
(8) Signs: article XVI.
Secs. 64-418--64-436. Reserved.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ12-01
AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 2 – AG-1 (AGRICULTURAL) OF THE
CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF
ORDINANCES)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on February 22, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that relates to the use regulations and development standards
in the AG-1 (Agricultural) district, Article VI, Division 2 of the City of Milton Zoning Ordinance
is amended, is hereby adopted and approved; 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 22nd day of February, 2012.
___________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 12-01-205, A RESOLUTION
APPOINTING A MEMBER TO THE CITY OF MILTON PARKS AND RECREATION
ADVISORY BOARD AT LARGE.
BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting
on February 6, 2012 at 6:00 p.m. as follows:
SECTION 1. That _____________ (At Large) is hereby appointed for a term
commencing February 6, 2012 and ending on December 31, 2015; and
SECTION 2. That this Resolution shall become effective upon its adoption.
RESOLVED this 6th day of February, 2012.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: John Rebar, Parks and Recreation Director
Submission Date: January 27, 2012
Meeting Date: February 6, 2012
Agenda Item: Approval of an Agreement for Outside Providers between the City of
Milton and YMCA of Metro Atlanta, Inc. to Offer Soccer Program Services.
Background:
The Parks and Recreation Department is eager to offer programs and additional services to the citizens of
Milton. Many of these programs may be offered by outside providers t hrough a provider agreement with
the City of Milton based on a submitted program proposal rather than offering these programs through a
paid independent contractor or a paid employee of the City.
Discussion:
The YMCA has a long history of providing quality recreation services. For many years the Ed
Isakson/Alpharetta Family YMCA has been serving Milton residents with recreational services both at
their facility in Alpharetta and within the City of Milton at various FCBOE school sites. The YMCA has
been a major provider of recreational soccer within Milton for many years serving more than 500 Milton
children annually.
The Parks and Recreation Department recently advertised a Request for Partners. This request was a
direct solicitation for proposals to offer numerous recreation services. Through this process I found the
YMCA to be the best organization to provide soccer services for the City of Milton. The proposed
programs would serve ages 3 through adult. A more detailed description of each program is available in
the contract materials.
The proposed programs will be conducted at FCBOE facilities through our existing IGAs. Sites available
for use include the sports fields at Hopewell Middle School, Cogburn Woods Elementary School and
Birmingham Falls Elementary.
We have reviewed their proposal, held meetings, checked credentials and references, and received a copy
of their license and liability insurance coverage. Once this agreement is approved, registration would
begin immediately. A commission of 30% of all registration fees and non-resident fees will be paid to the
City of Milton each season two weeks following the end of registration. Non-resident fees will be
collected by the YMCA at a rate of 50% more. The term of this agreement would be one year.
Legal Review:
Paul Higbee, Jarrard and Davis - January 27, 2012
Attachments:
Parks and Recreation Outside Providers Agreement between the City of Milton and YMCA of
Metro Atlanta, Inc. to offer Soccer Program Services with attachments.
CITY OF MILTON
PARKS & RECREATION DEPARTMENT
AGREEMENT FOR OUTSIDE PROVIDERS
THIS IS AN AGREEMENT, made this day of , 2012, between:
THE CITY OF MILTON, a municipal corporation organized and operating under the
laws of the State of Georgia, with a business address of 13000 Deerfield Parkway, Suite 107 A,
MILTON, Georgia 30004, hereinafter referred to as the "CITY"
and
YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN ATLANTA, INC.,
hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be
referred to as "the Parties".
In consideration of the mutual obligations of the Parties and for good and valuable
consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as
follows:
ARTICLE 1.0
PROVIDER's Services and Responsibilities
1.1 PROVIDER shall conduct services generally described as soccer programs at the
following locations: Hopewell Middle School, 13060 Cogburn Road, Milton, GA 30004;
Cogburn Woods Elementary School, 13080 Cogburn Road, Milton, GA 30004; and Birmingham
Falls Elementary School, 14865 Birmingham Highway, Milton, GA 30004.
1.2 The PROVIDER's services shall be performed during the days and hours
described in Exhibit "A," attached hereto and incorporated herein by reference.
1.3 The PROVIDER and The Director of the Parks & Recreation Department or his
designee, hereinafter referred to as the "DEPARTMENT", will agree upon program
schedules. PROV7DER agrees to submit a Program Request Form to the Coordinator
for each program being proposes[ eight (8) weeks prior to the beginning of each
session.
1.4 The fees charged to each participant will be as described in Exhibit "A" for
residents of MILTON and a surcharge of 50% more for non-residents of MILTON. The
entire balance of this surcharge for non-residents shall be paid to the CITY.
1.5 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy
proceedings or receivership, nor is it engaged in or threatened with any litigation or other
legal or administrative proceedings or investigations of any kind which would have an
adverse effect on its ability to perform its obligations under this Agreement.
1.6 The PROVIDER agrees that it shall be solely responsible for all costs and/or
expenses associated with, or as a result of its operation under this Agreement. The
PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired
to provide, maintains the education and required licenses or permits necessary to provide
the programs, and shall continue to maintain such licenses or permits during the term of
this Agreement.
1.7 This Agreement is considered a non-exclusive Agreement between the Parties.
The CITY shall have the right to purchase the same kind of services to be provided by the
PROVIDER from other sources during the term of this Agreement. The PROVIDER is
not precluded from providing the same or similar services for other parties so long as
such other engagements do not interfere with the PROVIDER'S provision of services to
the CITY.
1.8 The DEPARTMENT must approve any promotional material, flyers, and
posters advertising the programs prior to its release. The following content and topics
shall specifically be prohibited. sexually explicit materials, profanity, child pornography,
alcoholic beverages, tobacco products, adult movies, adult booklvideo stores, adult
entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops.
1.9 The PROVIDER shall not promote any privately owned business in a CITY
park/facility or solicit any participant in a CITY park/facility activity for any privately
owned business. The PROVIDER may not use said facilities to conduct personal business
including workshops, clinics, seminars, camps, or any other activities that are outside the
scope of service described in (Exhibit "A"). It is further understood that such action(s)
may result in immediate termination of the Agreement and the forfeiture of all
compensation due to the PROVIDER.
1.10 The PROVIDER shall abide by the policies, procedures, rules and regulations of
the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION
as promulgated from time to time. PROVIDER understands and agrees_ that the
DEPARTMENT shall have Trst Priority for use of CITY facilities, notwithstandiniz any
other provisions of thisA,-reement
1.11 All assistants, substitutes, and subcontractors utilized by the PROVIDER must
have prior written approval of the DEPARTMENT.
1.12 PROVIDER shall provide necessary supervisory personnel to ensure that the
participants of the programs obey all applicable policies, procedures, Rules and
Regulations.
1.13 The DEPARTMENT or CITY may require that the PROVIDER not be permitted
to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have
failed to follow any policies, procedures, rules or regulations applicable to the use of the
facility.
1.14 Although the CITY shall not control the PROVIDER's techniques, methods,
procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and
2
DEPARTMENT's policies, rules, regulations and procedures, as well as those of the
FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their
operation, nor harm or damage the equipment or facilities afforded to PROVIDER for
his/her programs, nor otherwise disrupt the other on-site activities being offered at such
public facilities.
1.15 The PROVIDER also acknowledges that he or she is primarily responsible for the
conduct of the participants in all programs under the PROVIDER's charge.
1.16 If the PROVIDER will be providing services directly with minor children
without parental supervision, the PROVIDER shall, prior to commencing services under
this Agreement, comply with the CITY's policy regarding criminal background
screening. The CITY will furnish the PROVIDER with a background release form
(Exhibit "B") for all the provider's counselors, coaches, volunteers, subcontractors,
employees or any other individuals that will come in contact with a child, at the
PROVIDER's sole expense. A Consent and Release Form to conduct a criminal
background must be executed by any of PROVIDER's employees or any individual who
will come in contact with a child at the CITY through PROVIDER or at PROVIDER's
direction, such form authorizing the CITY to conduct a search of each such individual's
criminal background. The result of such inquiry may be deemed acceptable by the CITY
in its sole and complete discretion, and the CITY may reject any individual from
participating in any program based upon such results. I, f'the PROVIDER has recently had
a background screening conducted by another agency, the CITY, at its sole discretion,
may accept that background screening and waive the requirement of a new background
screening. PROVIDER and its employees must also execute a Waiver and Release of
Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION
harmless.
1.17 The CITY shall require all participants in all programs to sign a Waiver and
Release of Liability.
ARTICLE 2.0
Equipment & Materials
2.1 All program materials and equipment needed or pertaining to the above stated
programs will be provided by the PROVIDER at his/her own cost and expense. However,
PROVIDER may require participants to obtain certain materials required in the programs
by providing a list of such materials (with approximate costs) to the participants. If
PROVIDER makes such materials available to participants, they must be sold at
PROVIDER's cast. All equipment provided by the PROVIDER shall be used in strict
accordance with equipment manufacturer's instructions and in accordance with all
applicable laws. PROVIDER shall coordinate storage of goal posts with the principal of
the school located at the facility.
2.2 The sale of merchandise is restricted to those materials utilized in and for the
programs. Fundraising activities conducted by the PROVIDER will not be permitted. The
3
PROVIDER shall obtain the CITY's approval of any merchandise to be sold prior to its
distribution or sale.
2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise
mutually agreed upon in a separate written agreement.
2.4 Any supplies or equipment left at the facility will be the responsibility of the
PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment
or supplies.
2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for
his/her proposed activity and if he or she finds anything wrong with the premises or
equipment before each program commences that cannot be corrected immediately by the
DEPARTMENT, the program shall be canceled and the matter reported to the
DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the
facility provided, it will be presumed that the PROVIDER has inspected the premises and
facilities and equipment provided for such programs and has accepted same as being safe
and suitable for the use intended.
ARTICLE 3.0
Program Size Minimums:
3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each
program as designated in Exhibit "A."
ARTICLE 4.0
Compensation and Method of Payment
4.1 In consideration of the releases and indemnities contained herein and of the
PROVIDER's services in connection with the programs and activities described herein,
the CITY shall be entitled to 30% of the registration fees paid by all program participants
to the PROVIDER, and the PROVIDER shall be entitled to 70% of such fees paid,
exclusive of the 50% non-resident surcharge. The 50% non-resident surcharge is fully
payable to the CITY and shall not be included in PROVIDER's gross income calculation.
PROVIDER shall be entitled to retain all non -registration fees paid by participants to
PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to
participants.
4.2 The PROVIDER agrees to collect all fees from participants, and the PROVIDER
agrees to provide CITY with schedules of fees to be charged to participants in
conformance with Exhibit `{A". It is agreed that the PROVIDER's sole obligation shall
be to collect the fees from the participants and to remit the 30% of the fees collected as
well as all 50% non-resident surcharge amounts to the CITY with a pay -out report of all
monies collected. Payment will be made to the CITY within fourteen (14) business days
of the end of each month or session orprogram, whichever_ occurs first.
rd
4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and
-federal taxes associated with this Agreement, and to acquire and pay for all necessary
permits, licenses, and insurance required for the execution of this Agreement.
ARTICLE 5.0
Independent PROVIDER
5.1 This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the PROVIDER is an independent contractor
under this Agreement and not a CITY employee for all purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers
Compensation Act, and the State unemployment insurance law. The PROVIDER shall
retain sole and absolute discretion in the judgment of the manner and means of carrying
out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that
it is a separate and independent enterprise from the CITY, that it had full opportunity to
find other business, that it has made its own investment in its business, and that it will
utilize a high level of skill necessary to perform the work required hereunder. This
Agreement shall not be construed as creating any joint employment relationship between
the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred
by PROVIDER, including but not limited to unpaid minimum wages or overtime
premiums.
5.2 PROVIDER warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the PROVIDER to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the CITY shall have the right to terminate
the Agreement without liability at its discretion, to deduct from the contract price, or
otherwise recover the full amount of such fee, commission, percentage, gift or
consideration.
ARTICLE 6.0
Insurance
6.1 PROVIDER shall not provide any service until all insurance required under this
paragraph has been obtained and approved by the CITY.
6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the
required insurance shall be filed with the CITY prior to the commencement of this
Agreement. These Certificates shall contain a provision that coverages afforded under these
policies will not be cancelled until at least forty-five days (45) prior written notice has been
5
given to the CITY. Policies shall be issued by companies authorized to do business under
the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest
edition of "Best Key Rating Guide", published by A.M. Best Guide.
6.3 Insurance shall be in force until the obligations required to be fulfilled under the
terms of the Agreement are satisfied. In the event the insurance certificate provided
indicated that the insurance shall terminate and lapse during the period of this Agreement,
then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the
expiration of the date of such insurance, a renewed Certificate of Insurance as proof that
equal and like coverage for the balance of the period of the Agreement and extension
thereunder is in effect. The PROVIDER shall not provide any service pursuant to this
Agreement unless all required insurance remains in full force and effect.
6.4 Commercial General Liability insurance to cover liability bodily injury and property
damage. Exposures to be covered are: premises, operations, products/completed operations,
and certain contracts. Coverage must be written on an occurrence basis, with the following
limits of liability:
$1,000,000 Combined Single Limit—each occurrence
$2,000,000 Combined Single Limit —general aggregate
$1,000,000 Personal Injury
$1,000,000 Products/Completed Operations Aggregate
PROVIDER shall have its insurer name the City of MILTON as an additional insured on
its General Liability policy.
6.5 Worker's Compensation insurance shall be maintained during the life of this
Agreement to comply with the statutory limits for all employees, and in the case any work is
sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers
Compensation Insurance for all the latter's employees unless and until such employees are
covered by the protection afforded by the PROVIDER. The PROVIDER and his
subcontractors shall maintain during the life of this Agreement Employers Liability
Insurance. The following limits must be maintained:
A. Workers Compensation Statutory
B. Employer's Liability $100,000 each accident
$500,000 Disease -policy limit
$100,000 Disease -each employee
If PROVIDER or its subcontractor claims to be exempt from this requirement,
PROVIDER shall provide CITY proof of such exemption along with a written request for
CITY to exempt PROVIDER, written on PROVIDER or subcontractor's letterhead.
6.6 PROVIDER shall also maintain Auto Liability and Directors and Officers
insurance with limits reasonably acceptable to CITY during the term of this Agreement.
6.7 The CITY and the Fulton. County Board of Education shall each be named as an
additional insured and loss payee on all policies required by this Agreement.
ARTICLE 7.0
Term and Termination
7.1 After a two (2) month trial period, the programs will be evaluated by the
DEPARTMENT, and the remainder of this Agreement will either be terminated or
continue in full force and effect. If at any time after the two (2) month evaluation,
program enrollment should fall below the required minimum, the PROVIDER will be
allotted four (4) weeks to bring enrollment up to the required minimum. The programs
will be reevaluated and execution or termination of the contract will be determined by the
DEPARTMENT.
7.2 The term of this Agreement shall commence upon the date of execution hereof and
shall remain in effect for a period of one (1) year from the date of execution of this
Agreement by the CITY, unless terminated sooner as provided in this Article. Renewal of
this Agreement beyond the one (1) year term shall require the mutual written agreement
of the CITY and PROVIDER.
7.3 This Agreement may be terminated by the CITY for convenience upon giving of
at least thirty (30) days prior written notice of termination to the PROVIDER at the
PROVIDER's address set forth herein at the sole and exclusive discretion of the CITY.
This Agreement may be terminated by the City immediately by written notice to
PROVIDER upon any willful, reckless, or grossly negligent act or omission by
PROVIDER or any of its officers, agents, employees, or volunteers.
7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty
(30) days written notice of termination to the CITY.
7.5 PROVIDER must notify the DEPARTMENT in writing of any program
cancellations at least ten (10) business days prior to the scheduled cancellation.
7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's
programs, in the case of scheduling conflicts or other emergencies, as determined by the
DEPARTMENT.
ARTICLE 8.0
Indemnification
8.1 PROVIDER agrees to indemnify and hold harmless the CITY and the FULTON
COUNTY BOARD OF EDUCATION, their trustees, elected and appointed officers,
agents, servants and employees, from and against any and all claims, demands, or causes
of action of whatsoever kind of nature, and the resulting losses, costs, expenses,
reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders,
judgments, or decrees, sustained by the CITY, the FULTON COUNTY BOARD OF
EDUCATION, or any third party arising out of, or by reason of, or resulting from the will
full or negligent acts, errors, or omissions of the PROVIDER or its agents, officers,
volunteers or employees.
7
8.2 The Parties understand and agree that the covenants and representations relating
to this indemnification provision shall survive the term of this Agreement and continue in
full force and effect as to the PROVIDER's responsibility to indemnify.
ARTICLE 9.0
Americans With Disabilities Act
9.1 PROVIDER shall not discriminate against any person in its operation and
activities in its use or expenditure of the funds or any portion of the fluids provided by
this Agreement and shall affirmatively comply with all applicable provisions of the
Americans With Disabilities Act ("ADA"), in the programs while providing any services
funded in whole or in part by the CITY, including Titles I and II of the ADA and all
applicable regulations, guidelines, and standards.
9.2 PROVIDER's decisions regarding the delivery of services under this Agreement
shall be made without regard to or consideration of race, age, religion, color, gender,
sexual orientation, national origin, marital status, physical or mental disability, political
affiliation, or any other factor which cannot be lawfully or appropriately used as a basis
for delivery of service.
ARTICLE 10.0
Miscellaneous
10.1 No modification, amendment, or alteration of the terms and conditions contained
shall be effective unless contained in a written document executed with the same
formality and equal dignity herewith.
10.2 This Agreement is non -transferable or assignable, and PROVIDER agrees not to
transfer or assign the performance of services called for in the Agreement.
10.3 This Agreement sets forth the full and complete understanding of the Parties as of
the effective date, and supersedes any and all negotiations, agreements, and
representations made or dated prior to this Agreement.
10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City
be required to incur attorney's fees in enforcing the provisions of this Agreement.
10.5 Time is of the essence of this Agreement.
10.5 Each of the individuals who executes this Agreement agrees and represents that
he is authorized to execute this Agreement on behalf of the respective entity.
Accordingly, the City and PROVIDER both waive and release any right to contest the
enforceability of this Agreement based upon the execution and/or approval thereof.
E3
10.7 It is the policy of City 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 PROVIDER shall provide evidence on City -provided forms,
attached hereto as Exhibits "C" and "D" that it and its 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 PROVIDER's and its subcontractors'
verification process to determine that the verification was correct and complete. The
PROVIDER and its 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.
Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is
mandatory.
PROVIDER'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.11
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day
and year first written above.
CITY:
ATTEST:
1_a-va
SUDIE GORDON, CITY CLERK JOE LOCKWOOD, MAYOR
&199till N91RX,LOOSIlei 01:1u■A
CITY ATTORNEY
PROVIDER:
WITNESS:
BY:
EDWARD MUNSTER, PRESIDENT
[AFFIX CORPORATE SEAL]
0
EXHIBIT "A"
PROGRAM REQUEST FORM
Individuals interested in proposing their programs and services must complete and return
this form attached to the Letter of Interest. This information will be used for consideration
of program proposals. Use one form per program.
Name of Program: Mini -Kickers
Participant Ages: Syr olds
day/s of the week program is offered: Saturdays
Time of Program: 9-10am
Program Dates: Session 1 March 3rd -March 24`h, Session 2 April 14`h - May 51h
Program Fee: $75 for Residents *includes uniforms/ $112.50 Non Res.
Program Enrollment: Minimum 10 Maximum 96
Materials to he supplied by participants: shin guards
Materials to be supplied by PROVIDER: soccer balls, goals, anchors, cones, uniforms,
coaching material, whistles, and Supervisor/Lead Instructor
Materials to be supplied by the City of MILTON: Field
Additional Program Requirements: Participants must be Facility Members or Program
Members. Program Membership is $35 per family per year.
PROVIDER ('s)Name: Ed Isakson/Alpharetta YMCA
Address: 3655 Preston Ridge Rd
City/State/Zip Code: Alpharetta Ga 30005
Phone Number: (Day) 770-663-3534 (Evening) 770-664-1220
(E-mail): jessicat@ymcaatlanta.org (Fax) 770-664-0337
Minimum Requirements:
1,000,000 General Liability Insurance
Office use Only. -
Program Rate:$_
# of programs in Session:
Fee/Program:
EXHIBIT "A"
PROGRAM REQUEST FORM
Individuals interested in proposing their programs and services must complete and return
this form attached to the Letter of Interest. This information will ,be used for consideration
of program proposals. Use one form per program.
Name of Program: Youth Recreation Soccer
Participant Ages: 4-15yr olds
Day/s of the week program is offered: Monday -Saturday
Time of Program: M -F 5p-7:30pm Saturdays 9am-5pm
Program Dates: March 3rd -- May 12`h
Program Fee: $110 Residents + $30 uniform(if needed)/ $165 non res. + $30 uniform
Program Enrollment: Minimum 10 Maximum 550
Materials to be supplied by participants: shin guards, practice ball, cleats
Materials to be supplied by PROVIDER: game balls, goals, anchors, cones, coaching
material, whistles, referees and Field Supervisor
Materials to be supplied by the City of MILTON: Field
Additional Program Requirements: Participants must be a YMCA Facility Member or a
Program Member. Program Membership is $35 per family per year.
PROVIDER (`s)Name: Ed Isakson/Alpharetta YMCA
Address: 3655 Preston Ridge Rd
City/State/Zip Code: Alpharetta Ga 30005
Phone Number: (Day) 770-653-3534 (Evening) 770-664-1220
(E-mail): }essicat@ymcaatlanta.org (Fax) 770-664-0337
Minimum Requirements:
1,000,000 General Liability Insurance
Office Use Only;
Program Rate:$_
# of programs in Session:
Fee/Progra rn-
EXHIBIT "A"
PROGRAM REQUEST FORM
Individuals interested in proposing their programs and services must complete and return
this form attached to the Letter of Interest. This information will be used for consideration
of program proposals. Use_. one__form per program.
Name of Program: Academy/Select STRIKER Soccer
Participant Ages: 9-1 2yr olds
Day/s of the week program is offered: Monday -Saturday
Time of Program: M -F 5p-7:30pm Saturdays 9am-5pm *occasional Sundays
Program Dates: March V — May 12`"
Program Fee: $420 Residents + $260 uniform(if needed)/ $630 non res. + $260
uniform
Program Enrollment: Minimum 10 Maximum 60
Materials to be supplied by participants: shin guards, practice ball, cleats
Materials to be supplied by PROVIDER: game balls, goals, anchors, cones, coaching
material, whistles, Certified Trainer, referees
Materials to be supplied by the City of MILTON: Fields)
Additional Program Requirements: Participants must have YMCA Facility Membership or
Program Membership. Program Memberships are $35 per family per year.
PROVIDER (`s)Name. Ed Isakson/Alpharetta YMCA
Address: 3655 Preston Ridge Rd
City/State/Zip Code: Alpharetta Ga 30005
Phone Number: (Day) 770-663-3534 (Evening) 770-664-1220
(E-mail): jessicat@ymcaatlanta.org (Fax) 770--664-0337
Minimum Requirements:
1,000,000 General Liability Insurance
Office use Only.•
Program Rate:$_
S
# of programs in Session:
Fee/Program:
EXHIBIT "A"
PROGRAM REQUEST FORM
Individuals interested in proposing their programs and services must complete and return
this form attached to the Letter of Interest. This information will he used for consideration
of program proposals. Use one form per program.
Name of Program: Adult Soccer
Participant Ages: 21 +
Day/s of the week program is offered: Sundays
Time of Program: 2prn-dark
Program Dates: March 1 Vh — May 13'h
Program Fee: $95 Residents + $10 uniform(if needed)/ $142,50 non res. + $10 uniform
Program Enrollment: Minimum 33 Maximum 160
Materials to be supplied by participants: shin guards, practice bali, cleats
Materials to be supplied by PROVIDER: game balls, goals, anchors, cones, referees and
Field Supervisor
Materials to be supplied by the City of MILTON: Field
Additional Program Requirements: All participants must have a YMCA Facility Membership
or a Program Membership. Program Membership is $35 per year per family.
PROVIDER (`s)Name: Ed isakson/Alpharetta YMCA
Address: 3 655 Preston Ridge Rd
City/State/Zip Code: Alpharetta Ga 30005
Phone Number: (Day) 770.663--3534 (Evening) 770-664-1220
(E-mail): jessicat@ymcaatlanta.org (Fax) 770-664-0337
Minimum Requirements:
1,000,000 General Liability Insurance
Office Use Only. -
Program Rate:$ # of programs in Session:
Fee/Prograrn:
i) This Request Is For: (Check € 0y )
o Employment ii Military o Licensing o Personal Use Lather Use Not Listed El
€ International Travel Li Firelighters Employment (E)
* Prospective AdoptivelFoster Parents {E . Note & 2 oDpes)
Employment Working With The Elderly (N)
* Employment At A Child Care Facility (w)
X Volunteer working with Children (W)
:-4 Employment Working With The Mentally III (M)
ri Police Ride Along bequest tCi Police Depalment VendorlCon tractor (C)
2) A History Is Requested On The Following Person:
Narne-
Last f •s'
Social Security Number- -
Sex:
Face: u White �j Black a Asian u American Indian rJllnknownlother
Date Of Birth: Phone Number: -----
V"'.61 Y�
0 Check If Request is For Yourself And Proceed To Section 5 At The Bottom Of This Page.
3) Person Requesting Criminal History:
Name: City of MiltonlCompany Name (T60)
Address- 13000 Deerfield Parkway Suite 107 Phone: 678 242 250l)
City/StateiZip'. Nlilton, GA 30004
A) Consent:
This portion is to be used if the person requesting the criminal history is different than whom the criminal
history is tb�einrg inquired on (sections II & III above are not the sarne person). Thrid party nary is required.
1 herehy give my cons"A Im my Ominal histwy to he run end W the above named persaan in secWrn M to have access to €l.
ars - Kx tea
Sell:
5) in making this request, 1 agree that the City of Milton Police Department. its employees, heirs, trustees, etc., snail in no viray be held at
Wt for the use or misuse Of this record, A photocopy of this release will be placed on file and is valid as an original hereof. even
€hough the pWtocopy does not contain an ogriai signature. Incomplete requests vAll to clenleti. This report is considered accurate
at time of ir+rtul y and may change at anytime.
�-.72a.e 0 r4ra :y crn y rw.a
DMWI Use Only —Do Not Mwk Below T his Line
Results:
mwa 56
Operator ARhi
Date Submitted I i
Inquiry Date f
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. § 13-10-91 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.
EEV 1 Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
Young Men's Christian Association of Metropolitan Atlanta, Inc.
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF , 201
Notary Public
My Commission Expires:
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.
§ 13-14-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with Young Men's Christian Association of
Metropolitan Atlanta, Inc. 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. § 13-10-91.
EEV 1 Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
[INSERT 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 , 201
Notary Public
My Commission Expires:
OP ID. BC
- T
D
CERTIFICATE OF LIABILITY INSURANCE ATE27DfYYYY)
�- v11v27i1 z
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 770-934-324$ 1 I
CONTACT
NAME'
Williams, Turner & Mathis Inc.
P. o. sox 450289 770-723-8081A1CNoy
PHONE FAX
Ext): _ WC. No):
Atlanta, GA 31145
E-MAIL
ADOREss:
Williams, Turner & Mathis
PRODUCER YMCAO-1
CUSTOMER ID q:
MEG EXP (Any one person) $ 15,000
IN SU RER(S) AFFORDING COVERAGE NA_IC It
INSURED YMCA Of Metro Atl Inc
INSURER A: Great American
Attn: Mitch Mouchabeck
ENSURER B: Zenith Insurance Co.
100 Edgewood AV #1100
Atlanta, GA 30303
INSURER C
j
INSURER D
INSURER E :
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_
(NSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMEYS
LTR . POLICY NUMBER MMIDDtYYYY MMIDDIYYYY
THE EXPIRATION DATE THEREOF, NOTICE WILL 13E DELIVERED IN
GENERALLWSILITY
ACCORDANCE WITH THE POLICY PROVISIONS.
Milton, GA 30004
EACH OCCURRENCE 1,000,00
A
X COMMERCIAL GENERAL LIABILITY
X
;PAC2131878 05107111
05107112
_ _ __$
DAMAGE T D 100,00(1
PREMISES Ea occurrence $..__
MEG EXP (Any one person) $ 15,000
CLAIMS -MACE LX j OCCUR
PERSONAL & ADV INJURY $ 1,000,000
j
GENERAL AGGREGATE $ 3:000,000
_____............_._ _—
GEN1 AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COM PIC P AGG S 3,000,00
r PRO-
$-----
POLICY LOC---
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 1,000,000
A
X ANY AUTO CAP2131879
06/07/11
05107112
(Ea accident)
BODILY INJURY (Per person) S
ALL OWNED AUTOS
BODILY INJURY (Per accident) $
SCHEDULED AUTOS
...$.
PROPERTY DAMAGE
X HIRED AUTOS
[Per aa:ident]
X NON -OWNED AUTOS
_ $
UMBRELLA LIA6 X
OCCUR
EACH OCCURRENCE $ 10,000,00
. EXCESS LIAB
CLAIMS -MADE
AGGREGATE S 10,000,00
X UMB2131880 05/07/19
05/07192 ----
DEDUCTIBLE
I
X RETENTION $ 10,000
$
WORKERS COMPENSATION
X +NC STATU• OTH-
AND EMPLOYERS' LIABILITY
Y❑
7 RY LIMIT ER
B
ANY PROP RIETORIPARTNERIEXECUTIVE
OFF ICE RIM EMBER EXCLUDED?
NIA
'Z069890304 07101111 07101112
E.L,EACH ACCIDENT $ 1,000,000
1,000,000
(Mandatory in NHj
E -l.. DISEASE_- EA EMPLOYEE $
It yes, describe under
DESCRIPTION OF OPERATIONS below
E L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES [Attach ACORD 101, Additional Remarks Schedule, if more space is required)
City of Milton and Fulton County Board of Education is additional
insured with respect to general liability.
Program: Ed Isakson YMCA activities
Attn: John Rebar. Recreation and Parks Director
CERTIFICATE HOLDER CANCELLATION
MILTOCI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Milton
THE EXPIRATION DATE THEREOF, NOTICE WILL 13E DELIVERED IN
1300 Deerfield Parkway,Ste 107
ACCORDANCE WITH THE POLICY PROVISIONS.
Milton, GA 30004
AUTHORIZED^ REPRESENTATIVE
O 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Chris Lagerbloom, City Manager
Date: January 23, 2012 for the February 6, 2012 Regular Council Meeting
Agenda Item: Approval for the execution of professional service agreement with Dorfman
Consulting, LLC to provide a Cost of Service Study, a Fiscal Impact Model and a
simulation of several growth scenarios for the City of Milton over a 20 year
horizon.
City Manager’s Office Recommendation:
Consideration and execution of a professional service agreement with Dorfman Consulting,
LLC.
Background:
Several questions arose during the latter part of 2011 regarding the fiscal impact related to the
growth of Milton. In an effort to address these concerns, I reached out to several experts in the
field for recommendations on consultants to conduct a Cost to Serve Study.
Discussion
The Cost to Serve Study is the first part of this project and provides a snapshot of how different
land uses generate revenue and require expenses from the City of Milton. This study will then
be built upon creating a Fiscal Impact Model which will allow the planning staff to input features
of a proposed development and receive in return an estimate of the fiscal impact on the City’s
budget each year. This information will be used as an additional tool by the Council and
Community Development to make informed decisions regarding project approval and
planning/zoning applications before voting.
Funding and Fiscal Impact:
The cost of the entire project is broken down as follows:
Cost to Serve Study $10,000
Fiscal Impact Model $ 5,000
Growth Simulations $10,000
Total cost of the project: $25,000
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
2
Alternatives:
Do not approve the contract for Dorfman Consulting, LLC
Legal Review:
Paul Higbee, Jarrard & Davis (January 20, 2012)
Concurrent Review:
Chris Lagerbloom, City Manager
PG. 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is effective as of this_____ day of _____________, 2012, by and
between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and
through its governing authority, the Mayor and Council of the City of Milton (“C ity"), and Dorfman
Consulting, LLC a Georgia limited liability company, ("Consultant"), collectively referred to as the
"Parties".
WITNESSETH THAT:
WHEREAS, the City desires to retain Consultant to provide certain services generally described
as consulting services for the development of a Cost of Service Study, a Fiscal Impact Model and a
simulation of several growth scenarios for Milton over a twenty year horizon (the “Work”); and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to
perform the Work contemplated under this Agreement; and
WHEREAS, the Consultant has represented that it is qualified by training and experience to
perform the Work; and
WHEREAS, the Consultant desires to perform the Work under the terms and conditions set
forth in this Agreement; and
WHEREAS, the public interest will be served by this Agreement;
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Project Description
The Consultant shall provide consulting services for the development of a Cost of Service Study,
a Fiscal Impact Model and a simulation of several growth scenarios for Milton over a twenty year
horizon.
B. The Work
The Work to be provided under this Agreement, further described in Exhibit “A,” attached hereto
and incorporated herein by reference, is composed of the following deliverables:
PG. 2
1) A cost of service study report that documents a snapshot of Milton's financial situation
showing how revenues from and expenditures to various land use categories compare, with an
accompanying excel spreadsheet.
2) A fiscal impact model that allows Milton to estimate the impact on the city budget of
proposed new developments.
3) A simulation of multiple growth scenarios in excel spreadsheet format.
C. Schedule, Completion Date, and Term of Agreement
Consultant warrants and represents that it will perform its services in a prompt and timely
manner, which shall not impose delays on the progress of the Work. This Agreement shall commence
as of the date first written above, and the Work shall be completed within six (6) months of that date.
II. 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 Consultant 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 Consultant 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 Consultant.
C. The City Manager has authority to execute without further action of the City of Milton
Mayor and 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, as
set forth in Section III(B) below. 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 $25,000 must be
approved by resolution of the City of Milton Mayor and Council.
III. COMPENSATION AND METHOD OF PAYMENT
A. City agrees to pay the Consultant for the services performed and costs incurred by
Consultant upon certification by the City that the services were actually performed and costs actually
PG. 3
incurred in accordance with the Agreement. Compensation for services performed and reimbursement
for costs incurred shall be paid to the Consultant upon receipt and approval by the City of invoices
setting forth in detail the services performed and costs incurred. Invoices shall be submitted pursuant to
the schedule set forth in subsection III(B) below, and such invoices shall reflect charges incurred versus
charges budgeted. Any material deviations in tests or inspections performed, times or locations required
to complete such tests or inspections and like deviations from the Work described in this Agreement
shall be clearly communicated to the City before charges are incurred and shall be handled through
change orders as described in Section II above. The City shall pay the Consultant within thirty (30) days
after approval of the invoice by City staff.
B. The total amount paid under this Agreement as compensation for services performed and
reimbursement for costs incurred shall not, in any case, exceed $25,000, except as outlined in Section
II(C) above. The compensation for services performed shall be based upon a flat fee. The fee shall be
invoiced by the Consultant and subsequently paid by the City, in conformance with subsection
III(B)_above, as follows: $5,000.00 after execution of the Agreement by the City and Consultant;
$10,000.00 after the completion of the first deliverable listed in Section I(B) above; $10,000.00 after the
completion of deliverables (2) and (3) listed in Section I(B) above.
IV. COVENANTS OF CONSULTANT
A. Expertise of Consultant
Consultant 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 Consultant under this
Agreement.
B. Budgetary Limitations
Consultant agrees and acknowledges that budgetary limitations are not a justification for breach
of sound principals of Consultant’s profession and industry. Consultant shall take no calculated risk in
the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the
Work within the budgetary limitations established without disregarding sound principals of Consultant’s
profession and industry, Consultant will give written notice immediately to the City.
C. City’s Reliance on the Work
The Consultant acknowledges and agrees that the City does not undertake to approve or pass
upon matters of expertise of the Consultant and that; therefore, the City bears no responsibility for
Consultant’s services performed under this Agreement. The Consultant acknowledges and agrees that
PG. 4
the acceptance of designs, plans, and specifications 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 Consultant’s
performance. Consultant further agrees that no approval of designs, plans, or specifications by any
person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability,
and correctness of Consultant’s professional and industry standards or for performing services under this
Agreement in accordance with sound and accepted professional and industry principals.
D. Consultant’s Reliance of Submissions by the City
Consultant must have timely information and input from the City in order to perform the services
required under this Agreement. Consultant is entitled to rely upon information provided by the City, but
Consultant shall be required to provide immediate written notice to the City if Consultant knows or
reasonably should know that any information provided by the City is erroneous, inconsistent, or
otherwise problematic.
E. Consultant’s Representative
Jeffrey Dorfman shall be authorized to act on Consultant’s behalf with respect to the Work as
Consultant’s designated representative.
F. Assignment of Agreement
The Consultant 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. As to any approved
subcontractors, the Consultant shall be solely responsible for reimbursing them and the City shall have
no obligation to them.
G. Responsibility of Consultant and Indemnification of City
The Consultant covenants and agrees to take and assume all responsibility for the services
rendered in connection with this Agreement. The Consultant 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. Consultant shall defend, indemnify and hold harmless the City, its officers, boards,
commissions, elected 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 willful, negligent or tortious conduct arising out of the Work, performance of
contracted services, or operations by the Consultant, any subcontractor, anyone directly or indirectly
employed by the Consultant or subcontractor or anyone for whose acts the Consultant or subcontractor
may be liable, regardless of whether or not the offending 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 Cit y or any of its agents or employees, by any employee of
the Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or
subcontractor or anyone for whose acts the Consultant or subcontractor may be liable, the
PG. 5
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 Consultant 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.
H. Independent Contractor
Consultant 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 Consultant agrees to be solely responsible for its own matters relating to the time and place
the services are performed; the instrumentalities, tools, supplies and/or materials necessary to
complete the services; hiring of Consultants, 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 Consultant 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 Consultant as to the
details of the services to be performed by Consultant or to exercise a measure of control over such
services will be deemed to mean that Consultant shall follow the directions of the City with regard to
the results of such services only.
I. Insurance
Requirements: The Consultant shall have and maintain in full force and effect for
the duration of this Agreement, insurance coverages, at a minimum, as shown on
Exhibit “B,” attached hereto and incorporated herein by reference.
J. Employment of Unauthorized Aliens Prohibited
It is the policy of City 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 Consultant shall
provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” that it and
Consultant’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 Consultant’s and Consultant’s subcontractors’ verification process to
determine that the verification was correct and complete. The Consultant and Consultant’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.
Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory.
Consultant’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02
PG. 6
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.
Consultant confirms to the City that, at the time of execution of this Agreement, Consultant has
no employees, and thus may provide a Georgia driver’s license in lieu of the Exhibit “C” affidavit
pursuant to O.C.G.A. § 13-10-91(b)(5), provided that if in the future Consultant employs any employee,
Consultant must then provide the Exhibit “C” affidavit to the City. Consultant also confirms to the City
that, at the time of execution of this Agreement, Consultant intends to utilize only one subcontractor that
has no employees, and thus may provide a Georgia driver’s license in lieu of the Exhibit “D” affidavit
pursuant to O.C.G.A. § 13-10-91(b)(5), provided that if in the future the subcontractor employs any
employee, Consultant must then ensure that the subcontractor provides the Exhibit “D” affidavit to the
City.
K. Records, Reports and Audits
(1) Records:
(a) Records shall be established and maintained by the Consultant 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, all records shall be retained for three years after final
payment and closing of all other pending matters or until any 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 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 Consultant 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 appropriate, the City shall have
access to any books, documents, papers, and records of Consultant that are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts, and
transcripts of same.
PG. 7
L. Conflicts of Interest
Consultant 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 or that would otherwise represent a conflict of interest.
M. Confidentiality
Consultant 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
Consultant agrees that confidential information it receives or such reports, information, opinions or
conclusions that Consultant 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 Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and
use of City information whether specifically deemed confidential or not.
N. Licenses, Certifications and Permits
The Consultant covenants and declares that it has obtained all diplomas, certificates, licenses,
permits or the like required of the Consultant by any and all national, state, regional, City, local boards,
agencies, commissions, committees or other regulatory bodies in order to perform the services
contracted for under this Agreement. All work performed by Consultant under this Agreement shall be
in accordance with applicable legal requirements and shall meet the standard of quality ordinarily
expected of competent professionals.
O. Key Personnel
All of the individuals identified in Exhibit “A” are necessary for the successful prosecution of
the Work due to their unique expertise and depth and breadth of experience. There shall be no change in
Consultant’s Project Manager or members of the project team, as listed in Exhibit “A”, without written
approval of the City. Consultant recognizes that the composition of this team was instrumental in the
City’s decision to award the work to Consultant and that compelling reasons for substituting these
individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons
of comparable or superior expertise and experience. Failure to comply with the provisions of this section
shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds
for termination. Consultant shall not subcontract with any third party for the performance of any portion
of the Work without the prior written consent of the City. Consultant shall be solely responsible for any
such subcontractors in terms of performance and compensation.
P. Authority to Contract
The Consultant 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 Consultant to the terms of this Agreement, if applicable.
PG. 8
Q. 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 t he
Consultant (“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 Consultant or
subcontractor upon completion or termination of the work shall be delivered immediately to the
City. The Consultant 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 Consultant shall
replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby
assigned to the City and the Consultant agrees to execute any additional documents that may be
necessary to evidence such assignment.
V. COVENANTS OF THE CITY
A. Right of Entry
The City shall provide for right of entry for Consultant and all necessary equipment to the City
of Milton, in order for Consultant to complete the Work.
B. City’s Representative
The City Manager or his designee hall be authorized to act on the City’s behalf with respect to
the Work as the City’s designated representative.
VI. TERMINATION
FOR CONVENIENCE
A. The City shall have the right to terminate this Agreement for convenience by providing
written notice thereof at least five (5) calendar days in advance of the termination date. The Consultant
shall have no right to terminate this Agreement prior to completion of the Work, except in the event of
the City’s failure to pay the Consultant within thirty (30) days of Consultant providing the City with
notice of a delinquent payment and an opportunity to cure.
B. Upon termination, City shall provide for payment to the Consultant for services rendered
PG. 9
and expenses incurred prior to the termination date.
C. Upon termination, the Consultant 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
Consultant in performing this Agreement, whether completed or in process, in the form specified by the
City.
D. The rights and remedies of the City and the Consultant provided in this Section are in
addition to any other rights and remedies provided under this Agreement or at law or in equity.
VII. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Consultant or any
successor in interest in the event of any default or breach by the City or for any amount which may
become due to the Consultant or successor or on any obligation under the terms of this Agreement.
Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s
individual employees, officers or directors to any personal liability. The Parties agree that their sole and
exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the
City, respectively, and not against any employee, officer, director, or elected or appointed official.
VIII. ENTIRE AGREEMENT
This Agreement constitutes the complete agreement between the Parties and supersedes any and
all other agreements, either oral or in writing, between the Parties with respect to the subject matter of
this Agreement. No other agreement, statement or promise relating to the subject matter of this
Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified
or amended only by a written document signed by representatives of both Parties with appropriate
authorization.
IX. SUCCESSORS AND ASSIGNS
Subject to the provision of this Agreement regarding assignment, this Agreement shall be
binding on the heirs, executors, administrators, successors and assigns of the respective Parties.
X. APPLICABLE LAW
PG. 10
If any action at law or in equity is brought to enforce or interpret the provisions of this
Agreement, the rules, regulations, statutes and laws of the State of Georgia will control.
XI. CAPTIONS AND SEVERABILITY
The caption or headnote on articles or sections of this Agreement are intended for convenience
and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this
Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part
thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the
Agreement should be severed and the remainder of this Agreement shall remain in full force and effect
to the extent possible.
XII. BUSINESS LICENSE
Prior to commencement of the services to be provided hereunder, Consultant , if appropriate,
shall apply to the City for a business license, pay the applicable business license fee, and maintain said
business license during the term of this Agreement.
XIII. NOTICES
A. Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the Work shall be exchanged between
the City Manager or his designee for the City and Jeffrey Dorfman for the Consultant.
B. Official Notices
All other notices, writings or correspondence as required by this Agreement shall be in writing
and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third
PG. 11
day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or
(3) 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 THE CITY shall be sent to:
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107f
Milton, Georgia 30004
NOTICE TO THE CONSULTANT shall be sent to:
Jeffrey H. Dorfman, Dorfman Consulting LLC
1131 Scotland Bend
Watkinsville, GA 30677
XIV. WAIVER OF AGREEMENT
The City’s failure to enforce any provision of this Agreement or the waiver in a particular
instance shall not be construed as a general waiver of any future breach or default.
XV. SOVEREIGN IMMUNITY
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.
XVI. FORCE MAJEURE
Neither the City nor Consultant 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 perform (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: (a) any cause beyond their respective reasonable control; (b) any act of God; (c)
any change in applicable governmental rules or regulations rendering the performance of any portion of
this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute,
excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (f) delay or failure
to act by any governmental or military authority; or (g) 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.
PG. 12
IN WITNESS WHEREOF the City and the Consultant have executed this Agreement effective
as of the date the City Manager executes this Agreement on behalf of the City.
[SIGNATURES ON FOLLOWING PAGE]
PG. 13
Approved as to form:
_______________________________
City Attorney
CONSULTANT:
___________________________________
Jeffrey H. Dorfman, Member/Manager
SIGNED, SEALED, AND DELIVERED
in the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
________________________
Mayor Joe Lockwood
CITY OF MILTON
___________________________________
By: _____________________________
Its: _____________________________
[CITY SEAL]
SIGNED, SEALED, AND DELIVERED
PG. 14
in the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
Dorfman Consulting
1131 Scotland Bend
Watkinsville, GA 30677
Proposal for Fiscal Analysis Work for
City of Milton, GA
13000 Deerfield Parkway , Suite 107, Milton, GA 30004
Proposed Project:
As a new city, t he City of Milton has a need for sound fiscal planning tools to assist it in
making informed decisions as it plans its future land uses and makes development
approval decisions. The City of Milton would benefit from knowing where it stands
fiscally relative to different land uses, what impact new develop ments would have on the
city budget, and what the future budgets might look like under different development
scenarios. Having such information will help the government, service providers, and
citizens understand the financial impact of the decisions they are making.
Dorfman Consulting proposes to provide three services to City of Milton:
1. A cost of service study .
2. A fiscal impact model.
3. A simulation of several growth scenarios for Milton over a twenty year horizon.
A cost of service study provides a snapshot of the current city budget that separates
revenues and expenditures by land use type. This provides the city with average
information on the fiscal impact of residential development, commerci al developments,
and farmland. The cost of service study will also show the break -even home value for the
City of Milton.
The fiscal impact model will provide estimates of the fiscal impact of different
developments on the city budget . The model will separately analy ze the revenues and
costs of projects by type, location, and density of development. Estimated revenues and
cost allocations will be based on input from city staff along with expert analysis of
government financial information. The model will pr ovide estimates of the fiscal impacts
of developments over time as well as compute a net present value of the total lifetime
impact. Decision making groups will be able to include the fiscal impact of proposed land
uses as part of their decision making process. The model will be contained in a n Excel
spreadsheet that can be easily operated and updated by city staff as needed.
The growth simulations will examine the fiscal sustainability of Milton over a twenty
year planning horizon based on several plausible growth patterns. The different scenarios
will vary the amount of land preserved in an undeveloped state (i.e., in farming,
equestrian uses, etc.) and in the density and location of the growth that does occur. The
different costs and tax rates t hat would result will be compared.
Cost:
Total -- $25,000 (cost of service study = $10,000; fiscal impact model = $5,000; growth
simulations = $10,000). The cost of service study is needed to complete the other two
parts, but the last two do not depend on each other. All expenses are included as are
presentations to the city council and, if desired, to community groups.
Phone: 706.255.1180 Fax: 706.310.0342 Email: dorfmanconsulting@charter.net
JEFFREY H. DORFMAN
Dept. of Agricultural & Applied Economics
University of Georgia, Athens, GA 30602
(706) 542-0754 jdorfman@uga.edu
Education: Ph.D., University of California, Davis. Agricultural Economics. 1989.
B.S., University of California, Davis. Agricultural Economics. 1987.
Areas of Research: Regional Economic Development, Productivity/Efficiency Measurement,
Bayesian Econometrics, Economics of the Food Industry, Quantitative Policy
Analysis.
Positions: Professor (1998-present), Associate Professor (1993-1998), Assistant Professor
(1989-1993) of Agricultural and Applied Economics, University of Georgia.
Interim Department Head, Agricultural and Applied Economics, University of
Georgia. Dec. 2006 – May 2008.
Adjunct Professor of Pharmacy, University of Georgia, 1999 - 2008.
Acting Assistant Director of the Georgia Agricultural Experiment Stations,
University of Georgia. March 1998 - August 1998.
Coordinator, Center for Agribusiness and Economic Development, University of
Georgia. July 1997 - December 1999.
Honors and Awards: Ranked 6th most productive among 1987-2000 Ph.D graduates from U.S.
Agricultural and Resource Economics Ph.D. Programs, in Hilmer, C.E., and M.E.
Hilmer, ―On the Relationship between the Student Advisor Match and Early
Research Productivity for Agricultural and Resource Economics Ph.Ds.‖
American Journal of Agricultural Economics, 89(2007):162–175.
Elected honorary member of AGHON Honorary Society, 2010.
Southern Agricultural Economics Association Distinguished Teaching of a
Course Award, 2004.
D.W. Brooks Distinguished Teaching Award (college wide), 2004.
ESCOP/ACOP Leadership Development Program, 1996-1997.
Gamma Sigma Delta Junior Faculty Award of Merit (Research), 1995.
Departmental ―Outstanding Undergraduate Teacher,‖ 1998, 2001, 2003, 2006, 2011.
Departmental ―Outstanding Graduate Faculty Teacher,‖ 1991 and 1992.
Advisor, AAEA Outstanding M.S. Thesis Award, Honorable Mention, 1995.
Valedictorian, University of California, Davis, 1987.
Publications in Economics and Agricultural Economics
Dorfman, J. H., M. D. Partridge, and H. Galloway. ―Are High-tech Employment and Natural Amenities
Linked?: Answers from a Smoothed Bayesian Spatial Model,‖ Spatial Economic Analysis (2011)
forthcoming.
Raghunathan, U., C. Escalante, J. H. Dorfman, J. E. Houston, and G. C. W. Ames, ―A Bayesian
Efficiency Analysis of Repayment Rates for MFI Borrowing Groups with Agricultural and Small
Business Loans,‖ Agricultural Economics 42:4 (July 2011) 465-474. Available online at
http://dx.doi.org/10.1111/j.1574-0862.2011.00534.x.
Dorfman, J. H., and M. D. Park. ―Estimating the Risk-Return Tradeoff in Agribusiness Stocks: Linkages
with the Broader Stock Market,‖ American Journal of Agricultural Economics 93:2 (Jan. 2011)
426-433. Available online at http://dx.doi.org/10.1093/ajae/aaq158.
Dorfman, J. H., J. M. E. Pennings, and P. Garcia. ―Is Hedging a Habit? Hedging Ratio Determination of
Cotton Producers,‖ Journal of Agribusiness 28:1 (Spring 2010) 31-48.
Dorfman, J. H., and B. Karali, ―Do Farmers Hedge Optimally or by Habit? A Bayesian Partial
Adjustment Model of Farmer Hedging.‖ Journal of Agricultural and Applied Economics 42:4
(Nov. 2010) 791-803.
Bessler, D. A., J. H. Dorfman, M. T. Holt, and J. T. LaFrance. ―Agricultural Econometrics: Retrospect
and Prospect,‖ American Journal of Agricultural Economics 92:2 (April 2010) 571-589.
Karali, B., J. H. Dorfman, and W. N. Thurman. ―Delivery Horizon and Grain Market Volatility‖ Journal
of Futures Markets 30 (2010) 846-873.
Hill, E., J. H. Dorfman, and E. Kramer, ―Evaluating the Impact of Government Land Use Policies on Tree
Canopy Coverage.‖ Land Use Policy 27:2 (April 2010) 407-414. Available online at
http://dx.doi.org/10.1016/j.landusepol.2009.05.007.
Karali, B., J. H. Dorfman, and W. N. Thurman. ―Do Volatility Determinants Vary Across Futures
Contracts: Insights from a Smoothed Bayesian Estimator.‖ Journal of Futures Markets 30:3
(2010) 257-277. Available online at http://dx.doi.org/10.1002/fut.20412
Atkinson, S. E. and J. H. Dorfman. ―Feasible Estimation of Firm-Specific Allocative Inefficiency through
Bayesian Numerical Methods,‖ Journal of Applied Econometrics 24:4 (June/July 2009) 675-697.
Available online at http://dx.doi.org/10.1002/jae.1051
Dorfman, J. H. B. J. Barnett, J. C. Bergstrom, and B. Lavigno. ―Searching for Farmland Preservation
Markets: Evidence from the Southeastern U.S.‖ Land Use Policy 26 (Jan. 2009) 121-129.
Dorfman, J. H. ―Can Land Use Economists Help Planners?‖ Review of Agricultural Economics 29:3 (Fall
2007) 403-404.
Dorfman, J. H., and D. R. Sanders. ―Generalized Hedge Ratio Estimation with an Unknown Model,‖
Review of Futures Markets 15:2 (Fall 2006) 167-188.
Truesdell, Marie K., John Bergstrom and Jeffrey H. Dorfman. ―Regulatory Takings and the Diminution of
Value: An Empirical Analysis of Takings and Givings,” Journal of Agricultural and Applied
Economics 38:3 (Dec. 2006) 585-595.
Atkinson, S. E. and J. H. Dorfman. ―Multiple Comparisons with the Best: Bayesian Precision Measures
of Efficiency Ranking,‖ Journal of Productivity Analysis 23 (2005) 359-382.
Dorfman, J. H., and G. M. Koop. ―Current Developments in Productivity and Efficiency Measurement,‖
Journal of Econometrics 126:2 (June 2005) 233-240.
Atkinson, S. E. and J. H. Dorfman. ―Bayesian Measurement of Productivity and Efficiency in the
Presence of Undesirable Outputs: Crediting Electric Utilities for Reducing Air Pollution.‖
Journal of Econometrics 126:2 (June 2005) 445-468.
Bergstrom, J. C., J. H. Dorfman, and J. L. Loomis. ―Responsiveness of Coastal Recreational Fishing to
Catch Success,‖ Coastal Management 32 (2004) 417-432.
Shaikh M. R., J. H. Dorfman, and S. C. Turner, ―A Bayesian Approach to Optimal Cross-Hedging of
Cottonseed Products Using Soybean Complex Futures,‖ Journal of Agricultural and Resource
Economics 29:2 (Aug. 2004) 260-275.
Wang, X., J. H. Dorfman, J. McKissick, and S. C. Turner. ―Optimal Marketing Decisions for Feeder
Cattle.‖ Journal of Agricultural and Applied Economics 33:3 (2001) 431-443.
Holloway, G., J. H. Dorfman, and S. Ehui. ―Tobit Estimation with Unknown Point of Censoring: An
Application to Milk Market Participation in the Ethiopian Highlands,‖ Canadian Journal of
Agricultural Economics 49 (Nov. 2001) 293-311.
Dorfman, J. H., and C. S. McIntosh. ―Imposing Inequality Restrictions: Efficiency Gains from Economic
Theory.‖ Economics Letters 71:2 (April 2001) 205-209.
Dorfman, J. H. ―Looking for Government‘s Role as an Agricultural Safety Net,‖ Journal of Agribusiness
18 (2000) 105-114.
Park, T., J. H. Dorfman, and J. E. Epperson. ―A Multicountry Endogenous Tariff Model with
Differentiated Products: The North American Onion Trade,‖ Journal of International Food &
Agribusiness Marketing 11 (2000) 63-82.
Oljaca, N., A. G. Keeler, and J. H. Dorfman. ―Penalty Functions for Environmental Violations: Evidence
from Georgia,‖ Journal of Regulatory Economics 14 (1998) 255-264.
Dorfman, J. H., ―Bayesian Composite Qualitative Forecasting: Hog Prices Again,‖ American Journal of
Agricultural Economics 80:3 (August 1998) 543-551.
Dorfman, J. H., and C. S. McIntosh. ―Economic Criteria for Evaluating Commodity Price Forecasts.‖
Journal of Agricultural & Applied Economics 29:2 (Dec. 1997) 337-345.
Li, D. T., and J. H. Dorfman. ―Predicting Turning Points Through the Integration of Multiple
Models.‖ Journal of Business & Economic Statistics 14:4 (Oct. 1996) 421-428.
Dorfman, J. H. ―Modeling Multiple Adoption Decisions in a Joint Framework.‖ American Journal of
Agricultural Economics 78:3 (August 1996) 547-557.
Dorfman, J. H., and W. D. Lastrapes. ―The Dynamic Responses of Crop and Livestock Prices to Money
Supply Shocks: A Bayesian Analysis Using Long-Run Identifying Restrictions.‖ American
Journal of Agricultural Economics 78:3 (August 1996) 530-541.
Dorfman, J. H., A. G. Keeler, and W. A. Kriesel. ―Valuing Risk-Reducing Interventions with Hedonic
Models: The Case of Erosion Protection.‖ Journal of Agricultural & Resource Economics 21:1
(July 1996) 109-119.
Dorfman, J. H. ―Pseudo-Random Sampling Has a Real Effect on Test Size.‖ The American Statistician
50:2 (May 1996) 151-155.
Li, D. T., and J. H. Dorfman. ―A Robust Approach to Predicting Fluctuations in State-level Employment
Growth.‖ Journal of Regional Science 35:3 (Aug. 1995) 471-484.
Dorfman, J. H. ―A Numerical Bayesian Test for Cointegration of AR Processes.‖ Journal of
Econometrics 66:1/2 (March/April 1995) 289-324.
Dorfman, J. H., and A. Havenner, ―Model Specification Tests for Balanced Representation State Space
Models.‖ Communications in Statistics: Theory & Methods 24:1 (1995) 97-119.
Myneni, G., J. H. Dorfman, and G. C. W. Ames. ―Welfare Impacts of the Canada-U.S. Softwood Lumber
Dispute: Beggar Thy Consumer Trade Policy.‖ Canadian Journal of Agricultural Economics 42
(Nov. 1994) 261-271.
Bergstrom, J. C. and J. H. Dorfman. ―A Test of the Effects of Information on Willingness-to-pay for
Groundwater Quality Protection.‖ Review of Agricultural Economics 16:3 (Sept. 1994) 413-425.
Gonzalez-Alcorta, M., J. H. Dorfman, and G. M. Pesti. ―Profit-Maximization in Broiler Production as
Prices Change: A Simple Approximation with Practical Value,‖ Agribusiness: An International
Journal 10:5 (1994) 389-399.
Dorfman, J. H. ―Bayesian Efficiency Tests for Commodity Futures Markets,‖ American Journal of
Agricultural Economics 75:5 (Dec. 1993) 68-75.
Dorfman, J. H. ―Should Normality be a Normal Assumption?‖ Economics Letters 42:2/3 (1993) 143-147.
Dorfman, J. H. ―Investment, Confidence, and Linear-Exponential-Gaussian Control,‖ Journal of
Economic Dynamics and Control 17:5/6 (Sept./Nov. 1993) 785-803.
Sun, H., J. C. Bergstrom, and J. H. Dorfman. ―Estimating the Benefits of Groundwater Pollution
Control,‖ Southern Journal of Agricultural Economics 24:2 (Dec. 1992) 63-71.
Dorfman, J. H., and A. M. Havenner. ―A Bayesian Approach to State Space Multivariate Time Series
Modeling,‖ Journal of Econometrics 52:3 (June 1992) 315-346.
Kraybill, D. S., and J. H. Dorfman. ―A Dynamic Intersectoral Model of Regional Economic Growth,‖
Journal of Regional Science 32:1 (Feb. 1992) 1-17.
McIntosh, C. S., and J. H. Dorfman. ―Qualitative Forecast Evaluation: A Test for Information Value,‖
American Journal of Agricultural Economics 74:1 (Feb. 1992) 209-214.
Dorfman, J. H., and K. A. Foster. ―Estimating Productivity Changes with Flexible Coefficients,‖
Western Journal of Agricultural Economics 16:2 (Dec. 1991) 280-290.
Dorfman, J. H., and C. S. McIntosh. ―Results of a Price Forecasting Competition: Reply,‖ American
Journal of Agricultural Economics 73:4 (Nov. 1991) 1277-1278.
Dorfman, J. H., and A. Havenner. ―State Space Modeling of Cyclical Supply, Seasonal Demand, and
Agricultural Inventories,‖ American Journal of Agricultural Economics 73:3 (Aug. 1991) 829-
840.
Bohman, M., C. Carter, and J. H. Dorfman. ―The Welfare Effects of Targeted Export Subsidies: A
General Equilibrium Approach,‖ American Journal of Agricultural Economics 73:3 (Aug. 1991)
693-702.
Dorfman, J. H. ―Comment: A Model Specification Test for State Space Models,‖ Econometric Reviews
10:1 (1991) 67-73.
Dorfman, J. H., C. L. Kling, and R. J. Sexton. ―Confidence Intervals for Elasticities and Flexibilities: Re-
Evaluating the Ratio of Normals Case,‖ American Journal of Agricultural Economics 72:4 (Nov.
1990) 1006-1017.
Dorfman, J. H., and C. S. McIntosh. ―Results of a Price Forecasting Competition,‖ American Journal of
Agricultural Economics 72:3 (Aug. 1990) 804-808.
McIntosh, C. S., and J. H. Dorfman. ―A Price Forecasting Competition: Introduction,‖ American Journal
of Agricultural Economics 72:3 (Aug. 1990) 786-787.
Turner, S. C., J. H. Dorfman, and S. M. Fletcher. ―Target Markets for Retail Outlets of Landscape
Plants,‖ Southern Journal of Agricultural Economics 22:1 (July 1990) 177-183.
Dorfman, J. H., and D. Heien. ―The Effects of Uncertainty and Adjustment Costs on Investment in the
Almond Industry,‖ Review of Economics and Statistics 71:2 (May 1989) 263-274.
Interdisciplinary Publications:
Chen, Hua, William K. Kennedy, Jeffrey H. Dorfman, Jack E. Fincham, Jaxk Reeves, and Bradley C.
Martin. ―The effect of adjunctive mood stabilizers on antipsychotic utilization pattern and health
resource utilization for Medicaid enrollees with schizophrenia,‖ Current Medical Research and
Opinion 23:6 (2007) 1351–1365.
Hua Chen, Jaxk Reeves, Jack E. Fincham, William K. Kennedy, Jeffrey H. Dorfman, and Bradley C.
Martin. ―Off-Label Use of Antidepressant, Anticonvulsant, and Antipsychotic Medications
Among Georgia Medicaid Enrollees in 2001,‖ Journal of Clinical Psychiatry 67:6 (June 2006)
972-982.
Dorfman, J. H. ―The Economics of Smart Growth: Dollars and Sense for Local Governments,‖ Southern
Perspectives 7:1 (Winter 2004) 6-7.
Ganguly, R., B. C. Martin, J. H. Dorfman, and J. A. Rizzo. ―In Search of an Unbiased Estimate of
Treatment Effect using Observational Data: a Comparison of Propensity Scoring and Heckman
Two Stage Sample Selection Models,‖ ISPOR Connections 10:2 (April 2004) 1-5.
Battle, Y. L., B. C. Martin, J. H. Dorfman, and L. S. Miller. ―Seasonality and Infectious Disease in
Schizophrenia: The Birth Hypothesis Revisited.‖ Journal of Psychiatric Research 33 (1999) 501-
509.
Martin, B. C., J. H. Dorfman, J. A. McMillan, and C. A. Jankel. ―Prevalence of Migraine Headache and
Association with Sex, Age, Race, and Rural/Urban Residence: A Population Based Study of
Georgia Medicaid Recipients.‖ Clinical Therapeutics-The International Journal of Drug Therapy
16:5 (Sept./Oct. 1994) 855-872.
Broder, J. M., and J. H. Dorfman. ―Determinants of Teaching Quality: What's Important to Students,‖
Research in Higher Education 35:2 (April 1994) 235-249.
Kirby, S.R., G.M. Pesti, and J.H. Dorfman. ―An Investigation of the Distribution of the Protein Content of
Samples of Corn, Meat and Bone Meal, and Soybean Meal,‖ Poultry Science 72 (1993) 2294-2298.
Dorfman, J. H., G. M. Pesti, and D. L. Fletcher. ―Searching for Significance: The Perils of Excluding
Pseudo-Outliers,‖ Poultry Science 72 (Dec. 1992) 37-43.
Pesti, G. M., J. H. Dorfman, and M. J. Gonzalez-A. ―Model for Predicting Egg Output and Metabolisable
Energy Intake of Laying Pullets,‖ British Poultry Science 33 (July 1992) 543-552.
Pesti, G. M., J. H. Dorfman, and M. J. Gonzalez-A. ―Comparison of Equations for Predicting
Metabolisable Energy Intake of Laying Pullets,‖ British Poultry Science 33 (July 1992) 553-559.
Turner, S. C. and J. H. Dorfman. ―Retail Target Markets for Landscape Plants,‖ Journal of
Environmental Horticulture 8:3 (Sept. 1990) 115-118.
Dorfman, J., M. Dorfman, and D. Heien. ―Causes of Almond Yield Variations,‖ California Agriculture
(Sept.-Oct. 1988) 27-28.
Dorfman, J., and D. Heien. ―Improving Almond Crop Forecasts,‖ California Agriculture (March-April
1987) 6-8.
Proceedings:
Schnake, K., B. Karali, and J. H. Dorfman, ―The Informational Content of Distant-Delivery Futures
Contracts,‖ NCCC-134 Conference on Applied Commodity Price Analysis, Forecasting, and
Market Risk Management (2011).
Dorfman, J. H., and M. D. Park, ―Examining the Risk-Return Relationship between Agribusiness Stocks
and the Market,‖ NCCC-134 Conference on Applied Commodity Price Analysis, Forecasting,
and Market Risk Management (2010).
Karali, B., J. H. Dorfman, and W. N. Thurman. ―Does Futures Price Volatility Differ Across Delivery
Horizon?‖ NCCC-134 Conference on Applied Commodity Price Analysis, Forecasting, and
Market Risk Management (2009).
Dorfman, J. H., and B. Karali. ―Do Farmers Hedge Optimally or by Habit? A Bayesian Partial
Adjustment Model of Farmer Hedging.‖ NCCC-134 Conference on Applied Commodity Price
Analysis, Forecasting, and Market Risk Management (2008).
Sweaney, Anne L. Jeffrey H. Dorfman, Jorge H. Atiles, Warren P. Kriesel, Thomas F. Rodgers, and
Karen Tinsley. ―The Economic Impact of Low-Income Housing Tax Credits in Georgia,‖ in ed.
Joseph Laquatra, Procedings of the 2007 Annual Conference of the Housing Education and
Research Association. (Oct. 2007) 250-255.
Dorfman, J. H., J. Pennings, and P. Garcia. ―Is Hedging a Habit: Hedging Ratio Determination of Cotton
Producers. NCR-134 Conference on Applied Commodity Price Analysis, Forecasting, and
Market Risk Management (2005).
Dorfman, J. H., B. Lavigno, J. C. Bergstrom, and B. J. Barrnett, ―Farmland Preservation through Private
Markets and Dedicated Funding,‖ Papers from the Annual Meeting of W-1133, Seventeenth
Interim Report (Oct. 2004), 1-17.
Dorfman, J. H., and D. R. Sanders, ―Generalized Hedge Ratio Estimation with an Unknown Model.‖
NCR-134 Conference on Applied Commodity Price Analysis, Forecasting, and Market Risk
Management (2004).
Dorfman, J. H., B. Lavigno, J. C. Bergstrom, and B. J. Barrnett, ―Is There a Private Market for Farmland
Preservation?‖ Compensating Landowners for Conserving Agricultural Land: Papers from a
California Conference. Univ. of Calif., Davis. (Dec. 2003) 63-70.
Hall, R. L., J. H. Dorfman, and L. F. Gunter, ―Spatial Competition and Prices in the Agricultural
Chemical Industry: Empirical Evidence from Georgia.‖ NCR-134 Conference on Applied
Commodity Price Analysis, Forecasting, and Market Risk Management (2003).
Dorfman, J. H., and N. Nelson. ―How Smart is Smart Growth?: The Economic Costs of Rural
Development.‖ Proceedings of the 2000 SERA-IEG Meetings (2000).
Yague, I., S. C. Turner, and J. H. Dorfman. ―A Full Bayesian Analysis of Structural Changes with the
AIDS Model: The Case of Meat Demand.‖ NCR-134 Conference on Applied Commodity Price
Analysis, Forecasting, and Market Risk Management (1999) 425-440.
Stegelin, F. and J. Dorfman. ―Location Determinants and Attraction-Retention-Expansion Factors of
Georgia Food Processors,‖ Journal of Food Distribution Research, Proceedings Issue vol29:1
(Feb, 1998) 103-106.
Wang, X., J. H. Dorfman, J. McKissick, and S. C. Turner. ―Optimal Marketing Decisions for Cattle
under Price Risk,‖ NCR-134 Conference on Applied Commodity Price Analysis, Forecasting, and
Market Risk Management (1997) 226-231.
Dorfman, J. H., ―A New Approach to Composite Qualitative Forecasting,‖ American Statistical
Association, Proceedings of the Bayesian Statistics Section (1996) 272-277.
Shepherd, T. L., and J. H. Dorfman, ―Optimal Storage Decisions under Estimation and Prediction Risk,‖
NCR-134 Conference on Applied Commodity Price Analysis, Forecasting, and Market Risk
Management (1996) 191-203.
Houston, J. E., J. C. Bergstrom, and J. H. Dorfman, ―Estimating Bag/Catch Elasticities for Recreational
Hunting and Fishing Using a Multiple Activity Demand System Approach,‖ Benefits and Costs
in Natural Resource Planning: Fifth Interim Report of W-133 (July 1992) 7-20.
Dorfman, J. H., ―A Nonparametric Bayesian Test for Nonstationarity,‖ American Statistical Association,
Proceedings of the Business and Economic Statistics Section (1992) 56-61.
Gonzalez, M. J., G. M. Pesti, and J. H. Dorfman, ―Formulating Feed for Minimum Cost Versus
Maximum Profits,‖ Proceedings of the 1992 Georgia Nutrition Conference for the Feed Industry
(1992) 87-99.
Dorfman, J. H., and C. S. McIntosh, ―Simulating the Value of Directional Information in Futures
Markets,‖ NCR-134 Conference on Applied Commodity Price Analysis, Forecasting, and Market
Risk Management (1992) 1-15.
McIntosh, C. S., and J. H. Dorfman. ―Qualitative Forecast Evaluation: A Comparison of Two
Performance Measures,‖ Proc. of the Western Agricultural Economics Association (1991) 148-
154.
Aoki, M., and J. H. Dorfman. ―Statistical Analysis of Some Identification Procedures for State Space
Innovation Models,‖ in H. Kimura, ed, The Proceedings of MTNS 91 (Mita Press, 1991) 619-
624.
McIntosh, C. S., K. H. Shideed, and J. H. Dorfman. ―Composite Forecasting and Evaluation: An
Application to U.S. Hog Markets,‖ Southeast Decision Science Institute (1990) 72-78.
Dorfman, J. H., and A. M. Havenner. ―Bayesian Forecasting with a Balanced Representation State Space
Model,‖ Amer. Statistical Assoc., Proc. of the Business & Economic Statistics Sec. (1990) 79-88.
Dorfman, J. H., and A. M. Havenner. ―An Optimal Control Model of Olive Inventories Using State
Space Models,‖ Dynamic Modelling and Control of National Economies, IFAC Symposium
Proceedings (1989) 7-12.
Books and Monographs:
Dorfman, J. H. Bayesian Economics Through Numerical Methods: A Guide to Econometrics and
Decision-Making with Prior Information. New York: Spring-Verlag (1997) 110p.
Alston, J. M., H. F. Carman, J. E. Christian, J. H. Dorfman, J.-R. Murua, and R. J. Sexton. Optimal
Reserve and Export Policies for the California Almond Industry: Theory, Econometrics and
Simulations Giannini Foundation Monograph No. 42 (Feb. 1995) 137pp.
Book Chapters:
Dorfman, J. H. and R. T. Watson, ―Farming, the Internet, and E-Market Structures,‖ in E-commerce in
Agribusiness, ed. T.G. Schmitz, C. B. Moss, A. Schmitz, A. Kagan, and B. Babcock (Longboat
Key, FL: Florida Science Source, 2005), p25-43.
Dorfman, J. H. ―Competing Exchange Rate Models: A State Space Model vs. Structural and Time Series
Alternatives,‖ in M. Aoki and A. M. Havenner, eds., Applications of Computer-Aided Time
Series Modeling (New York: Springer-Verlag, 1997) 237-253.
Book Reviews:
Dorfman, J. H. ―Review of Applied Econometrics with R, Kleiber, C., and A. Zeileis (Springer, 2008)‖
The American Statistician (Feb 2010) forthcoming.
Dorfman, J. H. ―Review of The Economics and Management of Water and Drainage in Agriculture,
Dinar, A., and D. Zilberman eds., (Kluwer, 1991),‖ Natural Resources Modeling 5 (1991) 521-
527.
Popular Press:
Dorfman, J. H. ―Sleight of Hand Won‘t Fix Budget,‖ Atlanta Journal-Constitution (Feb. 17, 2011).
Dorfman, J. H. ―Three Steps Will Get Us Back to Work,‖ Atlanta Journal-Constitution (Sept. 29, 2010).
Dorfman, J. H. ―Politicians and ‗The Stimulus‘: Consumer debt is at precarious levels-more shouldn‘t be
encouraged,‖ The Blackshear Times (March 11, 2009).
Dorfman, J. H. ―Fund States, Cities for Biggest Impact,‖ Atlanta Journal-Constitution (Oct. 16, 2008),
A17.
Dorfman, J. H. ―Incorporating Cities: Tired of Services not Matching Tax Burden,‖ Atlanta Journal-
Constitution (July 8, 2008), A9.
Dorfman, J. H. ―The Cost of Growth on Your County Budget,‖ Georgia County Government 59 (Sept.
2007), 29-30.
Dorfman, J. H. ―Hard line a drag on Delta: Inflexible fares lead to red ink, empty seats,‖ Atlanta Journal-
Constitution (May 16, 2006), A11.
Dorfman, J. H. ―Property taxes: flip script; put cap on spending,‖ Atlanta Journal-Constitution (April 5,
2006), A15.
Dorfman, J. H. ―Is Development a Good Thing?‖ Paulding at a Glance Magazine (Feb. 2005), 5-8.
Dorfman, J. H. ―GA. 316 proposal: Public will find it hard to weigh in,‖ Atlanta Journal-Constitution,
(Dec. 29, 2004), A11.
Dorfman, J. H. ―Rural schools get fair share of state funds,‖ Atlanta Journal-Constitution (August 30,
2004), A11.
Dorfman, J. H. ―State‘s farmland worth saving,‖ Atlanta Journal-Constitution (May 13, 2004) page A19.
Dorfman, J. H. ―Property Tax: Rural schools get fair share of money,‖ Atlanta Journal-Constitution
(January 12, 2004), A11.
Dorfman, J. H. ―Northern Arc will take toll on schools,‖ Atlanta Journal-Constitution (April 25, 2002),
A20.
Dorfman, J. H. ―Don‘t give elderly special tax breaks,‖ Atlanta Journal-Constitution (July 2, 2002), A14.
Reports:
Dorfman, J.H., ―The Fiscal Impacts of Land Uses on Local Government.‖ Web publication at
http://landuse.uga.edu/Documents/cocsrep.pdf.
Bethany Lavigno, Jeffrey Dorfman, Barry Barnett, and John Bergstrom. ―Farmland Preservation in
Georgia: Three Possible Roads to Success,‖ (Athens, GA: UGA Dept. Ag. & Applied Economics,
May 10, 2004). Available at http://www.arches.uga.edu/~jdorfman/Report.pdf.
Dorfman, Jeffrey H., Dawn A. Black, David Newman, Coleman W. Dangerfield, Jr., and Warren A.
Flick. ―The Economic Costs of Development for Local Governments,‖ UGA Center for Forest
Business Report No. 10. (Jan 2001). http://www.forestry.uga.edu/warnell/pdf/cfb/EcCost.pdf.
Nelson, Nanette, Jeffrey H. Dorfman, and Laurie Fowler, ―The Potential for Community Forests to be
Self-Financing: Are Hedonic Analysis of the Enhancement Value of Georgia‘s Trees‖ (Jan.
2003). Available at http://outreach.ecology.uga.edu/research/documents/hedonic.pdf
Nelson, N., J. Dorfman, and L. Fowler. ―Protecting Farmland in Developing Communities: A Case Study
of the Tax Implications of Agricultural Conservation Easements.‖ (Feb 2001). UGA Institute of
Ecology (http://outreach.ecology.uga.edu/publications.html)
Nelson, N., and J. H. Dorfman. ―Cost of Community Service Studies for Habersham and Oconee
Counties, Georgia.‖ Center for Agribusiness and Economic Development Special Report No. 5
(Feb. 11, 2000).
Rickett, A. B. A. Doherty, and J. H. Dorfman. ―1998 Georgia Farmgate Value Report.‖ Center for
Agribusiness and Economic Development Staff Report No. 5 (July 1999).
Dorfman, J. H., D. Alday, A. Rickett, and J. McKissick. ―A Comparison of Return on Assets and the
Probability of Making a Profit Across a Variety of Georgia Agricultural Commodities.‖ Center
for Agribusiness and Economic Development Special Report No. 4 (Feb. 3, 1999).
Jones, Y. L., J. H. Dorfman, and N. B. Brown, Jr. ―The Georgia Conservation Use Tax Act: Yielding
Economic Benefits to Peach Growers and the State Economy.‖ Center for Agribusiness and
Economic Development Special Report No. 3 (Sept. 16, 1998).
Dorfman, J. H. ―Outlook for Georgia‘s Poultry, Dairy, and Livestock Sector.‖ Center for Agribusiness
and Economic Development Staff Report No. 2 (June 30, 1998).
Dorfman, J. H. and Y. L. Jones. ―A Study of Cattle Owners‘ Willingness to Pay for a New Fescue Seed
Technology.‖ Center for Agribusiness and Economic Development Special Report No. 1 (Feb.
23, 1998).
Dorfman, J. H., B. Givan, J. McKissick, B. Mizelle, G. Shumaker, D. Shurley, and B. Thomas.
―Georgia‘s Agricultural Outlook for 1998.‖ Georgia Business and Economic Conditions 57:6
(Nov.-Dec. 1997).
Stegelin, F., and J. Dorfman. ―Georgia Food Processors‘ Location Determinants and Attraction-
Retention-Expansion Factors.‖ Center for Agribusiness and Economic Development Staff Report
No. 1 (Sept. 18, 1997).
Professional Activities:
Papers Presented at Conferences:
Schnake, K., B. Karali, and J. H. Dorfman, ―The Informational Content of Distant-Delivery Futures
Contracts.‖ NCCC-134 Conference on Applied Commodity Price Analysis, Forecasting, and
Market Risk Management. St. Louis, April 18, 2011.
Tokovenko, O., L. Gunter, and J. H. Dorfman, ―A Spatio-Temporal Model for Agricultural Yield
Prediction.‖ American Agricultural Economics Association Meetings, Denver, July 26, 2010.
Bessler, D. A., J. H. Dorfman, M. T. Holt, and J. T. LaFrance. ―The History of Econometrics Advances in
Agricultural and Applied Economics,‖ American Agricultural Economics Association Meetings,
Denver, July 27, 2010.
Dorfman, J. H., and M. D. Park, ―Examining the Risk-Return Relationship between Agribusiness Stocks
and the Market.‖ NCCC-134 Conference on Applied Commodity Price Analysis, Forecasting,
and Market Risk Management. St. Louis, April 19, 2010.
Dorfman, J. H. ―Efficiency measurement including negative externalities.‖ World Bank Symposium on
Performance Measurement. Daytona Beach, Feb 18.
Dorfman, J. H. and M. D. Park. ―Estimating the Risk-Return Tradeoff in Agribusiness Stocks: Linkages
with the Broader Stock Market.‖ Allied Social Science Association Meetings, Atlanta, Jan 4.
Dorfman, J. H., and M. D. Park. ―Is Aggregation Hiding the Risk Return Tradeoff?‖ Midwest
Econometrics Group Meeting, West Lafayette IN, September 12, 2009.
Dorfman, J. H., and M. D. Park. ―Looking for Cattle and Hog Cycles through a Bayesian Window.‖
American Agricultural Economics Association Meetings, Milwaukee, July 27, 2009.
Dorfman, J. H. ―Practical Numerical Bayesian Approaches to Real World Economic Problems.‖
American Agricultural Economics Association Meetings, Milwaukee, July 27, 2009..
Karali, B., J. H. Dorfman, and W. N. Thurman. ―Does Futures Price Volatility Differ Across Delivery
Horizon?‖ NCCC-134 Conference on Applied Commodity Price Analysis, Forecasting, and
Market Risk Management. St. Louis, April 20, 2009.
Dorfman, J. H., M. D. Partridge, and H. Galloway. ―Are High-tech Employment and Natural Amenities
Linked?: Answers from a Smoothed Bayesian Spatial Model.‖ American Agricultural Economics
Association Meetings, Orlando, July 28, 2008.
Karali, B., J. H. Dorfman, and W. N. Thurman. ―Do Inventory and Time-to-Delivery Effects Vary
Across Futures Contracts: Insights from a Smoothed Bayesian Estimator.‖ American Agricultural
Economics Association Meetings, Orlando, July 29, 2008.
Dorfman, J. H., and B. Karali. ―Do Farmers Hedge Optimally or by Habit? A Bayesian Partial
Adjustment Model of Farmer Hedging.‖ NCCC-134 Conference on Applied Commodity Price
Analysis, Forecasting, and Market Risk Management. St. Louis, MO, April 2008).
Dorfman, J. H., E. Hill, and E. L. Kramer, ―Evaluating the Impact of Government Land Use Policies on
Tree Canopy Coverage,‖ American Agricultural Economics Association Meetings. Portland, OR.
July 31, 2007.
Atkinson, S. E., and J. H. Dorfman, Atkinson, S. E., and J. H. Dorfman, ―Chasing Absolute Cost and
Profit Savings in a World of Relative Inefficiency.‖ American Agricultural Economics
Association Meetings. Long Beach, CA, July 2006.
Dorfman J. H., ―Cost of Service Studies and their Relationship to Environmentally Sensitive Land
Protection.‖ Southeastern Watershed Forum, Bowling Green, KY. Nov. 3, 2005.
Dorfman, J. H., and D. R. Sanders, ―Generalized Hedging with an Unknown Model.‖ American
Agricultural Economics Association Meetings, Providence, RI. July 25, 2005.
Atkinson, S. E., and J. H. Dorfman, ―Feasible Estimation of Firm-Specific Allocative Inefficiency
Measures: Squeezing More Information from the Same Data,‖ American Agricultural Economics
Association Meetings, Providence, RI. July 26, 2005.
Dorfman, J. H., J. Pennings, and P. Garcia. ―Is Hedging a Habit: Hedging Ratio Determination of Cotton
Producers. NCR-134 Conference on Applied Commodity Price Analysis, Forecasting, and
Market Risk Management, St. Louis, April 2005.
Atkinson, S.E. and J. H. Dorfman, ―Feasible Estimation of Firm-Specific Allocative Inefficiency through
Bayesian Numerical Methods.‖ Southern Economic Association Meeting, New Orleans, Nov. 23,
2004.
Dorfman, J. H., B. Lavigno, B. Barnett, and J. C. Bergstrom. ―Private versus Public Programs for
Farmland Preservation.‖ American Farmland Trust National Conference, Lexington, KY, Nov.
17, 2004.
Hall, R. L., J. H. Dorfman, L. F. Gunter. ―Spatial Competition and Prices in the Agricultural Chemical
Industry: Empirical Evidence from Georgia.‖ American Agricultural Economics Association
Meetings, Denver, CO, Aug. 2, 2004.
Dorfman, J. H., and D. R. Sanders, ―Generalized hedge ratio estimation with an unknown model.‖ NCR-
134 Conference on Applied Commodity Price Analysis, Forecasting, and Market Risk
Management, St. Louis, April 19, 2004.
Dorfman, J. H., B. Lavigno, B. Barnett, and J. C. Bergstrom. ―Is there a private market for farmland
preservation?‖ Western Regional Science Association (WRSA) and W-1133 Regional Project,
Maui, Hawaii, Feb. 2004.
Atkinson, S.E. and J. H. Dorfman, ―Bayesian Measurement of Productivity and Efficiency in the Presence
of Undesirable Outputs: Crediting Electric Utilities for Reducing Air Pollution.‖ Econometric
Society European Meetings, Stockholm, Sweden, Aug 20, 2003.
Rahul Ganguly, Bradley C. Martin, Jeffrey H. Dorfman, John A. Rizzo. ―In Search of an Unbiased
Estimate of Treatment Effect Using Observational Data: A Comparison of Propensity Scoring
and Heckman Two Stage Sample Selection Models,‖ International Society for
Pharmacoeconomics and Outcomes Research meetings. Washington DC. May 19, 2003.
Hall, R. L., J. H. Dorfman, and L. F. Gunter, ―Spatial Competition and Prices in the Agricultural
Chemical Industry: Empirical Evidence from Georgia.‖ NCR-134 Conference on Applied
Commodity Price Analysis, Forecasting, and Market Risk Management, St. Louis, April 2003.
Dorfman, J. H., B. Lavigno, B. Barnett, and J. Bergstrom. ―Private Markets for Farmland Preservation.‖
Presented at Compensatory Options for Conserving Agricultural Land: a Research and Policy
Conference, Davis, CA, March 2003.
Atkinson, S. E., and J. H. Dorfman. ―Measurement of Productivity and Efficiency in the Presence of an
Undesirable Output: Crediting Electric Utilities with Reductions in SO2 Emissions.‖ Conference
on New Advances in Productivity and Efficiency Measurement, Athens GA, October 2002.
Atkinson, S. E., and J. H. Dorfman. ―Multiple Comparisons with the Best: Bayesian Precision Measures
of Efficiency Rankings.‖ American Agricultural Economics Association Meetings, Long Beach.
July 2002.
Smith, A. R., and J. H. Dorfman. ―An Economic Evaluation of Public Cotton and Peanut Research in the
Southeastern U.S.‖ American Agricultural Economics Association Meetings, Long Beach. July
2002.
Rahman, S. M., J. H. Dorfman, and S. C. Turner. ―A Bayesian Approach to Optimal Cross-hedging of
Cottonseed Products using Soybean Complex Futures.‖ American Agricultural Economics
Association Meetings, Long Beach. July 2002.
Atkinson, S. E. and J. H. Dorfman, ―Measuring Productivity Growth in the Presence of Undesirable
Outputs.‖ Regional Meeting of International Society for Bayesian Analysis, Laguna Beach, CA.
April 2001.
Atkinson, S. E. and J. H. Dorfman, ―Measuring Productivity Growth in the Presence of Undesirable
Outputs.‖ Canadian Economic Assoc. meeting in Montreal. June 2001.
Garth Holloway and Jeffrey H. Dorfman, ―Tobit Analysis of Data at the International Livestock Research
Institute.‖ American Agricultural Economics Association Meetings, Chicago. August 2001.
Atkinson, S. E. and J. H. Dorfman, ―Measuring Productivity Growth in the Presence of Undesirable
Outputs.‖ European Econometrics Society Meeting (Lausanne, Switz.) August 2001.
Atkinson, S. E. and J. H. Dorfman. ―A Bayesian Multiple Comparison Approach to the Statistical Testing
of Efficiency Rankings: An Application to Electric Power Generation.‖ European Productivity
Workshop; Univ. of Oviedo, Spain. September 25-27, 2001.
Dorfman, J. H., D. Black, D. H. Newman, and W. Flick. ―Cost of Community Service Studies.‖ Southern
Forest Science Conference, Atlanta, November 27, 2001.
Dorfman, J. H., S. E. Atkinson, and O. Honerkamp. ―Measuring Productivity Growth in the Presence of
Undesirable Outputs in a Fully Consistent Framework,‖ American Agricultural Economics
Association Meetings. Tampa. Aug. 2000.
Black, D. A., and J. H. Dorfman. ―Identifying Farmer Characteristics Related to Crop Insurance Purchase
Decisions,‖ American Agricultural Economics Association Meetings. Tampa. Aug. 2000.
Truesdell, M., J. C. Bergstrom, and J. H. Dorfman. ―Regulatory Takings and the Diminution of Value:
An Empirical Analysis of Givings and Takings,‖ American Agricultural Economics Association
Meetings. Tampa. Aug. 2000.
Poray, M. C., K. A. Foster, and J. H. Dorfman, ―Measuring an Almost Ideal Demand System with
Generalized Flexible Least Squares,‖ American Agricultural Economics Association Meetings.
Tampa. Aug. 2000.
Yague, I., S. C. Turner, and J. H. Dorfman. ―A Full Bayesian Analysis of Structural Changes with the
AIDS Model: The Case of Meat Demand,‖ NCR-134 Conference on Applied Commodity Price
Analysis, Forecasting, and Market Risk Management. Chicago. April 1999.
Dorfman, J. H. and C. S. McIntosh. ―Putting the ‗Econ‘ into Econometrics,‖ American Agricultural
Economics Association Meetings. Salt Lake City. Aug. 1998.
Oljaca, N., A. G. Keeler, and J. H. Dorfman. ―Penalty Functions for Environmental Violations: Evidence
from Georgia,‖ American Agricultural Economics Association Meetings. Toronto. July 1997.
Soares, E., J. H. Dorfman, and G. C. W. Ames. ―Fresh Winter Tomato Market Structure,‖ American
Agricultural Economics Association Meetings. Toronto. July 1997.
Ames, G. C. W., J. H. Dorfman, L. Gunter, J. E. Houston, and E. Soares. ―U.S.-Mexican Tomato Wars:
Implications for Globalization of the Fresh Fruit and Vegetable Trade,‖ Conference on
Globalisation of the Food Industry: Policy Implications. Reading UK, Sept. 1997.
Ames, G. C. W., J. H. Dorfman, and E. Soares, ―Price Analysis of Mexican Tomato Imports: Are the
Antidumping Duties Warranted?‖ Tri-National Research Symposium: NAFTA and Agriculture:
Is the Experiment Working? San Antonio, Nov. 1996.
Mao, W., T. Park, J. E. Epperson, and J. H. Dorfman, ―A Multicountry Endogenous Tariff Model with
Differentiated Products: The North American Onion Trade,‖ Tri-National Research Symposium:
NAFTA and Agriculture: Is the Experiment Working? San Antonio, Nov. 1996.
Martin, B.C., J. H. Dorfman, ―Bootstrapping Confidence Intervals and Mean Variances,‖ Southeastern
SAS users group. Atlanta, October, 1996.
Dorfman, J. H. ―A New Approach to Composite Qualitative Forecasting,‖ International Society for
Bayesian Analysis Meetings. Chicago, August 1996.
Dorfman, J. H. ―Bayesian Econometrics: New Advances and Applications to Agricultural & Resource
Economics,‖ American Agricultural Economics Association Meetings. San Antonio, July 1996.
Shepherd, T. L., and J. H. Dorfman. ―Optimal Storage Decisions under Estimation and Prediction Risk,‖
presented at the NCR-134 Conference on Applied Commodity Price Analysis, Forecasting, and
Market Risk Management. Chicago, April 1996.
Dorfman, J. H., and W. D. Lastrapes. ―The Dynamic Responses of Crop and Livestock Prices to Money
Supply Shocks: A Bayesian Analysis Using Long-Run Identifying Restrictions,‖ presented at the
American Agricultural Economics Association Meetings. Indianapolis, August 1995.
Shepherd, T., and J. H. Dorfman. "Duopoly Strategies Under Estimation Risk: A Decision Theoretic
Approach," American Agricultural Economics Association Meetings. Indianapolis, August 1995.
Shepherd, T., J. H. Dorfman, and G. M. Pesti. "Searching for Significance II: The Perils of Excluding Pen
Effects," presented at the American Statistical Association Meetings. Raleigh, January 1995.
Myneni, G., J. H. Dorfman, and G. C. W. Ames. "Welfare Impacts of the Canada-U.S. Softwood Lumber
Dispute: Beggar Thy Consumer Trade Policy," presented at the American Agricultural
Economics Association Meetings. San Diego, August 1994.
Dorfman J. H., "A Bayesian Model of Technology Adoption given Multiple Options," presented at the
American Statistical Association Meetings. San Francisco, August 1993.
Dorfman, J. H., "Bayesian Efficiency Tests for Commodity Futures Markets," (invited and) presented at
the American Agricultural Economics Association Meetings. Orlando, August 1993.
Zhu, Q., and J. H. Dorfman, "Optimal Entry and Exit Conditions in the U.S. Cotton Industry," presented
at the American Agricultural Economics Association Meetings. Orlando, August 1993.
Dorfman, J. H., A. G. Keeler, and W. R. Kriesel, " Towards Modeling Option Price in a Dynamic Setting:
Some Theoretical Considerations," presented at the American Agricultural Economics
Association Meetings. Orlando, August 1993.
Dorfman, J. H., "A Nonparametric Bayesian Test for Nonstationarity," presented at the American
Statistical Association Meetings. Boston, August 1992.
Dorfman, J. H., and J. M. Broder, "Determinants of Teaching Quality: What's Important to Students,"
presented at the American Agricultural Economics Association Meetings. Baltimore, Aug. 1992.
Aguilar, B. M., J. H. Dorfman, and G. C. W. Ames, "Suspension of the International Coffee Agreement:
Is a Return to the Quota System Desirable," presented at the American Agricultural Economics
Association Meetings. Baltimore, August 1992.
Dorfman, J. H., and C. S. McIntosh, "Simulating the Value of Directional Information in Futures
Markets," presented at the NCR-134 Conference on Applied Commodity Price Analysis,
Forecasting, and Market Risk Management. Chicago, April 1992.
Chen, J. J., J. H. Dorfman, and M. E. Wetzstein, "Forecasting with Associative Memories: An
Application to Optimal Control," (invited and) presented at the 1992 Allied Social Science
Association Meetings. New Orleans, January 1992.
McIntosh, C. S., and J. H. Dorfman, "Qualitative Forecast Evaluation: A Comparison of Two
Performance Measures," presented at the Western Agricultural Economics Association Meetings.
Portland, July 1991.
Aoki, M., and J. H. Dorfman, "Statistical Analysis of Some Identification Procedures for State Space
Innovation Models," (invited and) presented at the 1991 International Conference on the
Mathematical Theory of Networks and Systems. Kobe, Japan, June 1991.
Dorfman, J. H., and A. Havenner, "Bayesian Forecasting with a Balanced Representation State Space
Model," (invited and) presented at the American Statistical Association Meeting. Anaheim,
August 1990.
Dorfman, J. H., C. L. Kling, and R. J. Sexton, "Confidence Intervals for Elasticities and Flexibilities,"
presented at the American Agricultural Economics Association Meetings. Vancouver , Aug. 1990.
Dorfman, J. H., and A. Havenner, "Model Specification Tests for Balanced Representation State Space
Models," (invited and) presented at meetings of the Society of Economic Dynamics and Control.
Minneapolis, June 1990.
McIntosh, C. S., and J. H. Dorfman, "A Price Forecasting Competition: Introduction," (invited and)
presented at the Meetings of the Allied Social Science Associations. Atlanta, December 1989.
Dorfman, J. H., and C. S. McIntosh, "Results of a Price Forecasting Competition," (invited and) presented
at the Meetings of the Allied Social Science Associations. Atlanta, December 1989.
Dorfman, J. H., and K. A. Foster, "Estimating Productivity Changes with Flexible Coefficients,"
presented at American Agricultural Economics Association Meetings. Baton Rouge, July 1989.
Dorfman, J. H., and A. Havenner, "An Optimal Control Model of Olive Inventories Using State Space
Models," (invited and) presented at International Federation of Automatic Control Symposium on
Dynamic Modelling and Control of National Economies. Edinburgh, Scotland, June 1989.
Dorfman, J. H., and D. Heien, "The Effects of Uncertainty and Adjustment Costs on Investment in the
Almond Industry," (invited and) presented at the Meetings of the Society of Economic Dynamics
and Control. Tempe, March 1988.
Seminars: INRA (National Institute for Agricultural Research), Paris, June 9, 2010.
University of Guelph, Canada, Dept of FARE, October 29, 2009.
USDA-Economic Research Service, September 24, 2009.
Purdue University, Dept of Ag. Economics, September 11, 2009.
Ohio State University, Dept of Ag., Env., and Dev. Econ., October 24, 2007.
University of Reading, UK, Dept. Ag. Economics, June 22, 2007.
Seminars, cont.: Rice University, Dept. of Economics, March 31, 2004.
Texas A&M University, Dept. of Economics, March 30, 2004.
University of Illinois, Dept. of Ag., Cons., and Res. Economics, Nov. 3, 2003.
Univ. of Arizona, Dept of Ag. & Res. Econ., February 2001.
Auburn University, Dept. of Ag. Economics. Oct. 28, 2000.
University of California, Davis, Dept. of Ag. & Res. Economics. Oct. 19, 2000.
University of Georgia, Dept. of Statistics. Oct.5, 2000.
Texas A&M University; Dept. Ag. Economics. May 28, 1998.
North Carolina State University; Dept. Ag. and Res. Economics, Dec. 9, 1997.
Ohio State University, Dept. Ag. Economics and Rural Sociology, Oct. 28, 1997.
Iowa State University, Dept. of Economics, March 25, 1997.
University of Arizona, Dept. of Economics, March 7, 1996.
University of Georgia, Dept. Agric. & App. Econ., Nov. 2, 1995.
Federal Reserve Bank of Atlanta, Research Dept., July 10, 1995.
Virginia Polytechnic Institute; Dept. Ag. & App. Econ., Nov. 22, 1994.
North Carolina State University; Dept. Agric. & Res. Econ., Jan. 24, 1994.
Ohio State University; Dept. of Agric. Econ. & Rural Soc., Nov. 5, 1992.
University of Chicago, Graduate School of Business & Economics Dept, Oct. 23, 1991.
Univ. of Georgia; Economics Dept., Nov. 20, 1991; July 11, 1990; Sept. 28, 1989.
University of California, Berkeley; Ag. & Resource Economics Dept., Oct. 23, 1989.
University of California, Davis Ag. Economics, Apr. 10, 1992; Oct. 24, 1989.
University of Southern California, Economics Dept., Oct. 30, 1989.
Workshops: Co-Led training workshops for county and municipal officials in Georgia on smart
growth, various locations, two or three times per year, 2002-present.
Participated in and spoke at USDA Symposium on Ecommerce in Ag. (invited),
USDA/ERS, Washington DC. May 2001.
One of 100 invited participants in ―Establishing Priorities for Agricultural Economics:
An Interactive and Systematic Process Between Users and Scientists,‖ sponsored by the
Council on Food, Agricultural and Resource Economics, Annapolis, MD, Nov. 1996.
Participated as a speaker in a learning workshop on the valuation of agriculturally-related
health risks sponsored by the Resource Policy Consortium, Washington DC, May 1991.
Committees: Member, 2004-2006, American Agricultural Economic Association, Publication of
Enduring Quality Award Selection Committee.
Member, 2004-2006 Southern Agricultural Economic Association Distinguished
Teaching of a Course Award Committee.
Member, 2002-2005 American Agricultural Economic Association Nominating
Committee.
Co-Chair, 1991 American Agricultural Economic Association Selected Papers
Committee.
Member, 1993-1996, American Agricultural Economic Association Awards Committee,
Research Discovery.
Numerous other university, college, and departmental committees, including chair of
Both College and University Promotion/Tenure Committees.
Organized: Session in Memory of Catherine Morrison Paul, AAEA Meetings, July 2011.
Special Invited Session on the History and Latest Advances in Unit Roots and
Cointegration at the AAEA Meetings, July 2011.
Principal Paper Session for the AAEA/AEA Meetings, Atlanta, Jan 2010. Special invited
session on finance and recent market volatility.
Organized symposium at AAEA Meetings, July 2009. Panel discussion and Q&A on
publishing in the American Journal of Agricultural Economics.
Principal Paper Session for the AAEA/AEA Meetings, Chicago, Jan. 5 2007. Special
invited session on land use economics and planning linkages.
Conference on New Advances in the Econometric Measurement of Productivity and
Efficiency, held at UGA Oct. 24-26, 2002.
Invited Session for the 1993 American Agricultural Economic Association Meetings.
"Applications of New Bayesian Methods to Agricultural Economics."
Invited Session for the Winter 1992 Allied Social Science Association Meetings.
―Specification, Estimation, and Forecasting of Nonlinear Models with Neural Networks,‖
sponsored by the Society of Economic Dynamics and Control.
Invited Session for the Winter 1989 Allied Social Science Association Meetings. "A
Price Forecasting Competition," sponsored by the American Agricultural Economics
Association.
Public Speaking: Talks given to civic groups, public forums, elected officials, and citizen groups
throughout Georgia as well as in North Carolina, Florida, Kentucky, Indiana, California.
Approximately one talk per month.
Offices Held: Board Member, Atlanta Census Research Data Center, 2011-present.
Chair, University of Georgia University Council Executive Committee, 2010-2011.
Chair, Econometrics Section of the Agricultural and Applied Economics Association,
2010-2011.
Co-Editor, American Journal of Agricultural Economics, 2007-2011.
Associate Editor, American Journal of Agricultural Economics, 2006-2008.
Co-Editor, Journal of Agribusiness, September 1998 – December 2003.
Editor of The ISBA Newsletter, the official newsletter of the International Society for
Bayesian Analysis, 1993-1996.
Member: American Economic Association
American Agricultural Economics Association
Reviewer: American Journal of Agricultural Economics
Journal of Econometrics
Journal of International Economics
Review of Economics and Statistics
Journal of the American Statistical Association
Journal of Business & Economic Statistics
Journal of Environmental Economics and Management
Journal of Productivity Analysis
Journal of Agricultural and Resource Economics
Australian Journal of Agricultural and Resource Economics
Journal of Economic Dynamics and Control
Journal of Regional Science
Review of Agricultural Economics
Southern Economic Journal
Journal of Applied Econometrics
Computational Statistics & Data Analysis
Journal of Agricultural and Applied Economics
Technological Forecasting and Social Change
Energy Economics
National Science Foundation (grant proposals)
Teaching:
Experience teaching graduate courses in quantitative methods. Taught the department's required master's
level class in applied econometrics and an elective Ph.D. class in dynamic optimization which covered
calculus of variations, optimal control, and numerical optimization methods. Has won the department's
graduate teaching award twice, undergraduate teaching award three times, an experiment station wide
teaching award (D. W. Brooks Award), and the teaching award given by the Southern Agricultural
Economics Association. Have also taught graduate microeconomic theory and graduate Bayesian
econometrics. At the undergraduate level, developed and currently teaching a senior-level agricultural
marketing class which focuses on the economics of food processing, distribution, marketing, and trade.
Also teaching or have taught undergraduate microeconomic theory at the intermediate (junior year) level
and the introductory level (freshman/sophomore year). Teaching approach utilizes class participation and
in-class economic experiments to demonstrate many economic concepts.
Grant Funding:
Total funding over career of over $1,000,000 as a PI or co-PI. Projects funded by USDA-Economic
Research Service, USDA-Forest Service, U.S. Agency for Health Care Research and Quality, the U.S.
EPA, Food-PAC, Georgia Environmental Protection Division, the Georgia Forestry Commission, and the
National Science Foundation.
Consulting (partial listing):
Various cities, counties, and developers—the fiscal impact of development and land use on local
government budgets.
AgResearch USA (Ltd)—survey projects to direct company‘s future research for product development.
The Georgia Conservancy—growth management issues and the fiscal impacts of growth.
1000 Friends of Florida—the fiscal impacts of growth in Leon County, FL.
Midwest Agribusiness and Trade Research and Information Center (MATRIC)—the impact of e-
commerce on agribusiness.
Sprint—statistical and economic issues of parity testing and telecom regulation.
US Corps of Engineers—project involving recreation value in Louisiana related to Corps water projects.
Fulton County School Board—forecasting school enrollment for the district.
Excel Marketing—launch of new agribusiness product, market demand studies and marketing plan.
American Farmland Trust and Turner Foundation—part of national land competition study.
References:
Prof. Walter N. Thurman Prof. Scott Atkinson
Department of Agricultural and Resource Economics Department of Economics
North Carolina State University The University of Georgia
Raleigh, NC 27695-8109 Athens, GA 30602
(919) 515-4545 (706) 542-0977
wally_thurman@ncsu.edu atknsn@uga.edu
Dr. Stanley Johnson
Assistant to the Dean for Special Projects
College of Agriculture, Biotechnology and Natural Resources
University of Nevada, Reno
Reno, NV 89557
(775) 784-1678
sjohnson@cabnr.unr.edu
`d'� CERTIFICATE OF LIABILITY INSURANCE °p'�`"'"°�'Y"�'
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REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
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certificate holder in lieu of such endorsement(s),
PRODUCER Rhett Sutler
NAME: Scott Crane
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E-MAIL
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INSURE AFFGR0%NGCOVERAGE NAIC#
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CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF 7HE ABOVE DESCRIBEo POLICIES BE CANCELLED
BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.AUTHORIZED
REPRBSENTATNEACORD
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Tile ACQRp ►lame and lags are
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PG. 15
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-
10-91 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.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
Dorfman Consulting, LLC
_________________________________________
Title of Authorized Officer or Agent of Contractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 201_
________________________________________
Notary Public
My Commission Expires:
___________________
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION TO AMEND RESOLUTION NO. 08-03-23, REGARDING
THE GOVERNANCE OF THE MILTON DISABILITY
AWARENESS COMMITTEE
WHEREAS, the City of Milton formed a citizens committee in April 2007 for the purpose of
recommending action by the city with regard to persons with disabilities; and
WHEREAS, on March 3, 2008 the City of Milton enacted Resolution No. 08-03-23 to create the
Milton Disability Awareness Committee (MDAC), identify MDAC’s mission and
provide for MDAC’s self-governance by a Board whose terms of office are for two
years and which is “comprised of seven (7) members of the community, each having
experience and/or expertise with persons with various disabilities”; and
WHEREAS, Resolution No. 08-03-23, among other things, identified the then membership of
the MDAC Board and stated that “all members of the MDAC shall reside in the
City of Milton and be at least 21 years of age”; and
WHEREAS, the MDAC Board is desirous to enable persons who are employed in the City of
Milton but are not residents of the City of Milton to be eligible to serve on the
MDAC Board; and
WHEREAS, the current members of the MDAC Board are as follows:
Kennard Woods, Chair
Renee Catanzaro, Vice Chair
Gary Arnold
Van Black
Sharon Lockwood
Anise Castleberry
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF
MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY
COUNCIL, that Resolution No. 08-03-23 shall be amended to enable members of the MDAC
Board to reside or be employed in the City of Milton, and be at least 21 years of age;
BE IT FURTHER RESOLVED that in all respects other than as identified above as the current
membership of the MDAC Board and as amended by the specific action of the City Council as
aforesaid, the qualifications and conditions for Board membership and all other provisions set
forth in Resolution 08-03-23 shall continue in full force and effect.
RESOLVED this 6th day of February, 2012.
Approved:
_______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
PG. 16
EXHIBIT “D”
STATE OF GEORGIA
CITY OF MILTON
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 Dorfman Consulting, LLC 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. § 13-10-91.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
[INSERT 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 ______________________, 201_
_________________________________________
Notary Public
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: January 27, 2012 for the February 6, 2012 Council meeting
Agenda Item: Approval of a Resolution and Contract for Acquisition of Right of Way for
Project HPP00-0000-00(533) State Route 140/Arnold Mill Road at CR27/New
Providence Road
Background:
This resolution is to sign a reimbursable right of way and easement acquisition contract with
Georgia Department of Transportation (GDOT) for intersection improvements at SR
140/Arnold Mill Road and New Providence Road. The City has GDOT approved Right of Way
plans and a GDOT approved right of way cost estimate.
Discussion:
This Contract will require coordination with Georgia Department of Transportation (GDOT) the
City of Milton and the City’s Right of Way Consultant BM&K. A professional Services
Agreement with BM&K to provide right of way services for this project was approved
November 7, 2011.
Staff is recommending the approval of a Resolution and Contract for Acquisition of Right of
Way for Project HPP00-0000-00(533) State Route 140/Arnold Mill Road at CR 27/New
Providence Road between the City of Milton and Georgia Department of Transportation not to
exceed the amount of $167,000.00.
The budget for this work will be from Capital Grant Fund (GDOT HPP Funds) and 80% is
reimbursable from Federal Funds through GDOT. The reimbursable right of way expenses
include land and improvement costs.
Legal Review:
Agreement – Paul Higbee, Jarrard & Davis on 1/26/2012
Attachments:
1. Contract
2. Resolution
Revised 4106109
Revised 10/07/09
CONTRACT FOR ACQUISITION OF RIGHT OF WAY
STATE -AID OR FEDERAL -AID PROJECT
Reimbursable
PROJECT: HPP00-0000-00(533)
COUNTY: FULTON
STATE ROUTE: 144
P.I. NO.: 0000533
STATE OF GEORGIA
COUNTY OF FULTON
CITY OF MILTON
This Agreement made and entered into this day of , by and
between the DEPARTMENT OF TRANSPORTATION (hereinafter called the
DEPARTMENT) and the CITY OF MILTON (hereinafter called the CITY).
WITNESSETH THAT:
WHEREAS, the DEPARTMENT, and the CITY, propose to let to construction the
above indicated project located on State Route 140/Arnold Mill Road a@ CR 27/New Providence
Road in the City of Milton, the rights of way which are to be acquired in the name of the
DEPARTMENT with the cost of the right of way being distributed between the CITY and the
DEPARTMENT as hereinafter specified; and,
WHEREAS, the DEPARTMENT is authorized to enter into this contract with the
CITY by virtue of Section 32-2-2(a) of the Official Code of Georgia Annotated; and,
WHEREAS, the CITY is authorized to enter into this contract by virtue of Sections 32-
3-3(e), 32-4-41(6), 32-4-42, 32-4-61 and 32-5-25 of the Official Code of Georgia Annotated and
by a certain resolution of the Mayor and City Council, adopted the _day of ,
20 ; and
WHEREAS, said rights of way are to be acquired by the CITY in accordance with
certain specified requirements of the Federal -aid Highway Act of 1970, as amended, and
regulations of the DEPARTMENT in order for the construction cost of said project to be
eligible for State or Federal participation.
NOW, THEREFORE, in consideration of Ten ($10.00) Dollars in hand paid to the
CITY, the receipt of which is hereby acknowledged, and the mutual promises and covenants
hereinafter set out, the DEPARTMENT and the CITY agree as follows:
1 of 17
ITEM I
The DEPARTMENT agrees to reimburse the CITY Not to Exceed $157,000.00
for eligible right of way costs. Reimbursable right of way expenses include land and
improvement costs, relocation expenses and contracted property management costs.
Non -reimbursable right of way expenses include, but may not be limited to, manpower,
appraisal, administrative, attorney fees and any in-house property management.
Reimbursement of acquisition expenses will be eligible after completion of all
land and improvement acquisition; completion of all property management; completion
of all demolition; and, after all occupants have relocated off the project. Further, before
any reimbursement of funding occurs, the CITY shall certify in writing to the
DEPARTMENT that title to all parcels, whether acquired by deed or condemnation, has
been quitclaimed from the CITY to the DEPARTMENT, and that all property
management, all demolition and all relocation has been completed. Said certification will
include a statement that "All parcels are vacant and immediately available for
construction purposes".
Each appraiser utilized on this project must be selected from the
DEPARTMENT's "Approved Appraiser List". The DEPARTMENT shall review and
approve each selection prior to the CITY contracting with the appraiser. All appraisals
will be submitted to the DEPARTMENT for review, for approval and to establish fair
market value prior to negotiations.
Except as specified in ITEM V of this contract, all counter offers, administrative
settlements and legal settlements above the fair market value must be reviewed and
approved by the DEPARTMENT if the CITY expects the DEPARTMENT to
participate in any increased settlement agreement above the fair market value. It is
understood and agreed that the DEPARTMENT may participate in a court directed
award above the fair market value subject to the availability of funds identified for the
Project. The DEPARTMENT will not be required to participate in any such award
increase that is not supported by a court order. It is further agreed between the parties
that the DEPARTMENT shall be the final arbiter of whether an increase in an award or
expense will be reimbursable to the CITY.
ITEM II
The DEPARTMENT will prepare the deeds in the name of the DEPARTMENT
for use in acquiring the Right of Way. The CITY shall ensure at the time of closing that
the current, approved deed or easement document reflects the latest revised or current
required right of way description and/or easernent(s) description.
The CITY will provide, at CITY expense with no reimbursement, all legal
counsel associated with acquiring properties by deed.
2of17
The CITY, or its designated representative, will prepare all Condemnation
Petitions in the name of the CITY and will provide all legal counsel and/or litigation
associated with acquiring properties through condemnation at CITY expense.
After receipt of the approved and accepted certification from the CITY to the
DEPARTMENT and after all acquired parcels, whether by deed or by condemnation,
have been executed, quitclaimed, transferred in name from the CITY and recorded in the
name of the DEPARTMENT, the DEPARTMENT will reimburse the CITY pursuant
to ITEM III herein.
ITEM III
As set forth in ITEM I above, the DEPARTMENT will reimburse "Not to
Exceed $167,000.00 of eligible right of way expenses. The procedure for
reimbursement is as follows:
All files and reimbursement requests shall be directed to the District Local Government
Right of Way Coordinator in the Chamblee District Office. All reimbursement matters
shall first be reviewed at the District Level in accordance with current guidelines and
policies. Reimbursement to the CITY will be issued from the General Office in Atlanta
following receipt of all approved documents and the accepted and approved CITY
certification.
Three (3) copies of the following items shall be included for each parcel and activity
cost to be reimbursed:
1) Reimbursement of eligible expenses associated with properties acquired by
deed or easement:
a) Recorded Deed or Easement
b) Copy of Completed Negotiation Record
c) Copy of the Approved Option
d) Executed Closing Statement
e) Copy of approved Review Appraisers Report (Form 532)
f) Copy of Quitclaim Deed from City to Department
2) Reimbursement of eligible expenses associated with properties acquired
through condemnation:
a) Copy of the fled, recorded Condemnation Petition with
identified docket number.
b) Copy of receipt for monies deposited into court.
c) Copy of Quitclaim Deed from City to Department
3of17
3) Reimbursement of eligible property management costs:
a) Copy of verifiable and detailed invoice from the contractor and
receipt for payment from the CITY and any fee contractors
employed by the CITY for Property Management activities.
4) Reimbursement of eligible relocation costs:
a) Copy of Relocation Payment Checks
b) Copy of Executed Relocation Claim Forms
c) Copy of the Approval Authorization of Payment Amount
Any deviation from or change in the above described procedure must be
approved by the State Right of Way Administrator in the Atlanta General Office.
ITEM IV
The CITY, at CITY expense, will ensure the demolition and removal in their
entirety of all buildings, walls, fences, gates, underground storage tanks, signs, or any
other improvements and structures of any nature or description, lying wholly or partially
situated within the right of way and/or easement area, whether surface or subsurface. The
demolition and removal shall be in accordance with procedures approved by the
DEPARTMENT. The DEPARTMENT will not remove any improvements or
structures as clearing and grubbing items. This is a reimbursable expense to the CITY
except when the CITY perforins any demolition by CITY forces. The DEPARTMENT
will only reimburse demolition performed by fee contractors, supported by appropriate,
verifiable paid receipts.
Any and all contaminated properties will require the DEPARTMENT's approval
before being acquired by the CITY. Removal of underground tanks and other hazardous
materials will be in accordance with all current Environmental Protection Agency (EPA),
Environmental Protection Division (EPD), State and Federal regulations, laws and
procedures.
ITEM V
The CITY has the authority to approve a counter offer or administrative
settlement up to $10,000 or 10% above the approved Fait- Market Value, whichever is
greater. All other counter offers or administrative settlements must be reviewed and
approved by the DEPARTMENT, if the DEPARTMENT is to participate in any
increased expense. Any modification whatsoever or any special provision included as an
agreement to any document must first be approved and appropriately accepted by the
DEPARTMENT. The District Local Government Coordinator in the Chamblee
District Office will function as the CITY liaison with the DEPARTMENT. All counter
offers, check requests, and any matters to be considered for agreement will be submitted
through the District Local Government Coordinator. Once a determination has been made
by the General Office, the District Local Government Coordinator will notify the CITY,
in writing, of either approval or rejection of the submitted proposal.
4of17
The DEPARTMENT will not participate in any portion of a counter proposal
which is closed prior to DEPARTMENT review, approval and acceptance.
ITEM VI
During the life of this contract and prior to completion of the construction work
and final acceptance of the project by the DEPARTMENT, the CITY agrees not to use
convict labor in any way on the project.
ITEM VII
Once the environmental clearance is obtained and the right of way plans are
approved, the CITY can begin non -reimbursable, pre-acquisition activities; however, no
offers can be made until: an acceptable project cost estimate has been submitted,
reviewed and approved; ROW funds have been authorized in accordance with CFR
23.710.307; and, the DEPARTMENT has issued a Notice to Proceed to the CITY for
any eligible, reimbursable right of way acquisition activities.
The CITY agrees to defend, at CITY expense, any and all suits, if any should
arise, involving property titles and/or contaminated properties associated with the
acquisition of Rights of Way by deed or condemnation.
ITEM VIII
The CITY will, as required by law, proceed within fifteen (15) days after being
notified by the DEPARTMENT to acquire the Rights of Way for said project free of all
encumbrances by gift, deed, easements or condemnation in accordance with the approved
plans.
ITEM IX
The CITY will, in the right of way acquisition procedure, observe and comply
with Title 49 Code of Federal Regulations Part 24; Title 23 Code of Federal Regulations
Part 710; Georgia Laws 1972, p. 931, as amended; and, in accordance with the
requirements as outlined in the Relocation Assistance Manual prepared by the
DEPARTMENT. The CITY will be responsible for making payments to owners as
required under this procedure for any incidental expenses for the transfer of real property
for rights of way purposes and any other moving and relocation expenses as required
under the law and determined to be proper by the DEPARTMENT. Appeals of
relocation assistance benefits will be submitted to the Department for review. Response
to an appeal will be the responsibility of the DEPARTMENT. The CITY will, in their
acquisition of the right of way, comply with the procedures set forth in Attachment No. l
- Memorandum of Instructions, attached. During the performance of this Contract, the
CITY will also comply with the Regulations of the U. S. Department of Transportation
relative to nondiscrimination in State Aid or Federally -assisted programs of said
Department in accordance with the stipulations as indicated under Appendix "A",
attached. The CITY shall also comply with all provisions as set forth in ADDENDUM 1,
GDOT TITLE VI Assurances as attached, inclusive of APPENDIX A, APPENDIX B and
APPENDIX C of attached ADDENDUM 1.
5of17
ITEM X
Where determined to be desirable, the CITY will provide rodent control measures
as required by the U. S. Department of Transportation prior to the demolition or removal
of improvements located within the right of way of the project. The measures employed
shall be in accordance with procedures approved by State and Local laws and regulations
governing rodent control. These costs are not reimbursable.
ITEM XI
This Agreement sets forth the entire understanding between the Parties relating to
the subject contained herein and supersedes all prior oral and written understandings,
arrangements and agreements between the parties relating thereto. It is understood that
no subsequent alteration, amendment, change or addition to this Agreement shall be
binding upon the parties hereto unless evidenced by an amendment to this Agreement
signed by both the DEPARTMENT and the CITY.
ITEM XII
The CITY shall maintain all books, documents, papers, accounting records, and
other evidence pertaining to costs associated with this Agreement and used in support of
its activities and shall make such material available at all reasonable times during the
period of this Agreement, and for three years from the date of final payment under this
Agreement, for inspection by the GDDT, and any reviewing agencies, and copies thereof
shall be furnished upon request.
ITEM XIII
fl Y Ir► I � f.Y11�YI��Y•��iC�]-�J�,JT.YIIIl►fi_I1=�7�rI1.�
UNLESS OTHERWISE AMENDED BY THE MUTUAL AGREEMENT OF THE
PARTIES HERETO, THIS CONTRACT WILL EXPIRE NO LATER THAN THE
CONCLUSION OF FY2013.
6 of 17
IN WITNESS WHEREOF, this instrument has been and is executed on behalf
of the DEPARTMENT OF TRANSPORTATION by the Commissioner and on behalf
of CITY by , being duly authorized to do so
by the Mayor and City Council of said CITY.
Executed on Behalf of the
DEPARTMENT OF TRANSPORTATION
this day of
20
APPROVED:
COMMISSIONER
ATTEST
DEPARTMENT OF TRANSPORTATION:
TREASURER
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Executed on Behalf of
CITY
this day of
, 20
CITY Council
This Contract approved by the
City Council at a meeting
held at
the
120.
CLERK OF THE CITY
day of
Witness for the CITY:
RESOLUTION OF THE CITY
STATE OF GEORGIA
COUNTY OF FULTON
CITY OF MILTON
BE IT RESOLVED by the Mayor and City Council of CITY and it is hereby
resoled, that the foregoing attached Agreement, relative to Project 1-HPP00-0000-00(533)
be entered into by the Mayor and City Council, and that as Mayor,
and as Clerk, be and they are, thereby authorized and directed to
execute the same for and in behalf of said Mayor and City Council.
PASSED AND ADOPTED, this day of , 20
ATTEST:
C
CLERK MAYOR
STATE OF GEORGIA
COUNTY OF FULTON
CITY OF MILTON
1, as Clerk of the Mayor and City Council do hereby
certify that 1 am custodian of the books and records of the same, and that the above and
foregoing copy of the original is now on file in my office, and was passed by the Mayor
and City Council_
Witness by hand and official signature, this the day of
20
CLERK
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ATTACHMENT NO. 1
These instructions are to set forth the procedures necessary for the Political Subdivisions of the State of
Georgia to follow when acquiring right of way on highway projects where it is proposed to acquire or
construct said project with Federal participation. The Political Subdivision shall make every effort to
acquire expeditiously all real property when authorized to proceed.
The Political Subdivision may, when they consider it appropriate, attempt to secure the right of way by
donation. To assure the property owner is fully informed of his rights, the request for donation must be
made in writing and also set forth that they are entitled to full just compensation, if they so desire. A letter
prepared by the Department will be made available to use as a guide. If a property owner requests payment
of just compensation, the provisions of paragraph one (1) must be followed.
Nothing herein shall be construed to prevent a person whose real property is being acquired from making a
gift or donation of such property, or any part thereof, or of any compensation paid therefore, after such
person has been fully informed of his right to receive just compensation for the acquisition of his property.
1. At the initiation of negotiations each owner must be fully informed of his right to receive just
compensation for the acquisition of his property. In order to assure just compensation is being
offered, the following steps must be taken:
A) A General Certified Appraiser, who is on the Department's approved list, must utilize
an appropriate valuation method (appraisalldata book/cost estimate) as determined
by the Department.
B) The appraiser must give the owner or his designated representative an opportunity to
accompany him during his inspection of the property. A statement is to be in the report
that this opportunity was provided.
C) The report must be adequately documented to support the conclusion of the appraiser and
shall be prepared in accordance with the guidelines set forth by the Department.
D) The Department must review the appraisal and approve in writing the estimated amount of
just compensation to be offered to the property owner.
E) The offer must be made in writing for the full amount of the aforesaid estimate of just
compensation. Where appropriate, the written offer must state separately the amount for
the real property being acquired and the amount attributable to damages to the remaining
property
2. No person occupying real property shall be required to move from his home, farm, or business
without at least three (3) months written notice.
3. The Department will furnish copies of letters, settlement and disbursements statements and such
other forms, as it may deem necessary or desirable.
4. Copies of all letters, forms, deeds and status reports used in the acquisition of Rights of Way for
this project must be forwarded to the Department upon request, for future reference,
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S. The City will be responsible for determining benefits and preparing relocation assistance
packages. Packages must be submitted to the Department for review and approval prior to offers
of benefits being made.
b. Any consultant contracted for negotiation services for the acquisition of right of way for the
CITY must hold either a Real Estate License and be affiliated with a broker, or hold a Beal
Estate Broker's License in accordance with OCGA 43-40 unless identified as an exception under
OCGA 43-40-29. Said consultant must attend any present and all future mandatory training classes
required by the DEPARTMENT.
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APPENDIX "A"
A. COMPLIANCE WITH REGULATIONS: The contractor shall comply with the regulations
relative to nondiscrimination in Federally -assisted programs of the Department of Transportation,
Title 49, Codes of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the regulations), which are herein incorporated by reference and made a
part of this contract.
B. NONDISCRIMINATION: The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color or national origin in the selection and
retention of sub -contractors, including procurement of materials and teases of equipment. The
contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the regulations, including employment practices when the contract covers a
program set forth in APPENDIX "B" of the regulations.
C. SOLICITATIONS FOR SUB -CONTRACTS, INCLUDING PROCUREMENT OF
MATERIALS AND EQUIPMENT: In all solicitation either by competitive bidding or
negotiation made by the contractor for work to be performed under a sub -contract, including
procurement of materials or leases of equipment, each potential sub -contractor or supplier shall be
notified by the contractor of the contractor's obligations under this contract and the regulations
relative to nondiscrimination on the grounds or race, color or national origin.
D. INFORMATION AND REPORTS: The contractor shall provide all information and reports
required by the regulations, or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the State Department of Transportation or the Federal Highway Administration to be pertinent to
ascertain compliance with such regulations or directives. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish this information,
the contractor shall so certify to the State Department of Transportation, or the Federal Highway
Administrative as appropriate, and shall set forth what efforts it has made to obtain the
information.
E. SANCTIONS FOR NONCOMPLIANCE: In the event of the contractor's noncompliance with
the nondiscrimination provisions of this contract, the State Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration may determine to be
appropriate, including, but not limited to:
Withholding of payments to the contractor or under the contract until the contractor
complies, and/or
2. Cancellations, termination or suspension of the contract, in whole or in part.
F. INCORPORATION OF PROVISIONS: The contractor shall include the provisions of
Paragraphs "A" through "F"' in every sub -contract, including procurement of materials and leases
of equipment, unless exempt by the regulations, or directives issued pursuant thereto. The
contractor shall take such action with respect to any sub -contract or procurement as the State
Department of Transportation or Federal Highway Administration may direct as a means of
enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the
event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or
supplier as a result of such direction, the contractor may request the State Department of
Transportation to enter into such a result of such direction, the contractor may request the United
States to enter into such litigation to protect the interest of the United States.
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ADDENDUM I
GDOT Title, VI Assurances
The Georgia Department of Transportation (hereinafter referred to as the "Recipient"), HEREBY
AGREES THAT as a condition to receiving any federal financial assistance from the U.S. Department of
Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC
2000d-42 USC 20OOd-4 (hcrcinaftcr referred to as the Act), and all requirements imposed by or
pursuant to Tit[c 49, Cade of Federal Regulations, Department of Transportation, Subtitle A, Officc of the
Secretary fart 21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation --Effectuation of Title V1 of the Civil Rights Act of 1964 (hereinafter referred to as the
Regulations), and other pertinent directives, to the end that in accordance with the Act, regulations, and
other pertinent directives, no person in the United States shall, on the grounds of race, color, srx, or
national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient rcceives federal financial assistance
from the Department of Transportation, including the federal Highway Administration, and HEREBY
C1V1.S ASSURANCE TIIAT it will promptly take any measures necessary to effectuate this agreement.
This Assurance is required by Subsection 213(a)(1) of the Regulations.
More specifically and without limiting the ahove general assurance, the Recipient hereby gives the
following specific assurances to its Pederal Aid Highway Program.
1. 'That the Recipient agrees tltat each "program" and each "facility" as defined in Subsections 21.23(c)
and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with
regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the
Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for work or
material subject to the Regulations made in connection with the Federal Aid Highway Program, and
in adapted form in all proposals for negotiated agreements:
"The Georgia department of Transportation iu arr.ordance with Title Vi of the Civil Rights Act
of 1964 and 78 Stat. 252, 42 USC 20OOd—A2 and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A►, Office of the Secretary, part 21, Nondiscrimination in
federally assisted programs of the Department of Transportation issued Pursuant to such Act,
hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant
to this advertisement, minority husiness enterprises will he afforded Full opportunity to subunit
bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award."
3. That the Recipient shall insert the clauses of Appendix A of this Assurance in every contract subject
to the Act and the Regulations.
4. That the Recipient shall insert the clauses of Appendix B of this Assurance, as a covenant running
with the land, in any deed from the United States effecting a transfer of'real property, structures, or
improvements thereon, or interest (herein.
5. That where the Recipient receives federal financial assistance to construct a tki[ity, or part of a
facility, the Assurance shall extend to the entire facility and facilities operated in connection
therewith.
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6. 'that where the Recipient received federal financial assistance in the sarin, or for the acquisition of
real property, or an interest in real property, the Assurance shall extend rights to space on, over, or
under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix C of th is Assurance, as
a covenant running with the land, in any future deeds, leases, permits, licenses, and sitnilar
agrecrnents entered into by the Recipient with other parties: (a) for the subsequent transfer of real
property acquired or improved under the federal Aid Highway Program; and (b) for the construction
or use of, or access to space on, over, or under, real property acquired or improved under the h'ederal
Aid. Highway Program.
8. That this Assurance obligates the Recipient for the period during which federal Financial assistance is
extended to the program, or is in the form of personal property, or real property or interest therein or
structures or improvements thereon, in which case the Assurance obligates the Recipient or any
transferee for the longer of the following periods: (a) the period during which the property is used for
a purpose for which the federal financial assistance is extended, or for another purpose invo[ving the
provision of similar services or benefits, or (b) the period during which the Recipient retains
ownership or possession of the property.
9. The Recipient shall provide for such methods of administration for the program, as arc found by the
State Secretary of Transportation or the official to whom slhe delegates specific authority, to give
reasonable guarantee that it, other recipients, sub -recipients, contractors, subcontractors, transferees,
successors in interest, and other participants of federal financial assistance under such program will
comply with ail requirements imposed or pursuant to the Act, the Regulations, and this Assurance.
14. The Recipient agrees that the United States has a right to seek judicial endorsement with regard to any
matter arising under the Act, the Regulations, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal
grants, loans, contracts, property, discounts or other federal financial assistance extended after the date
hereof to the Recipient by the Department of Transportation under (lie Federal Aid Highway Program and
is binding on it, other recipients, sub -recipients, contractors, subcontractors, transferees, successors in
interest and other participants in the Federal Aid Highway program- The person or persons whose
signatures appear below are authorized to sign this Assurance on behalf of the Recipienl.
Gena L. Evans, Ph.D. bale
Commissioner
Attachments: Appendices A,13 and C.
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APPENDIX A (of ADDENDUM 1)
The text below, in its entirety, is in all contracts entered into by GDOT. All of the text except the
final section, entitled "Incorporation of Provisions," should be included in any contract entered into
by any GDOT contractor.
Duting the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "Contractor"), agree as fol lows-
I. Compliance With Regulations
The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted
programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of
Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as
the Regulations), which are heroin incorporated by reference and made a part of this contract.
2. Nondiscrimination
The Contractor, with regard to the work performed by it during the contract shall not discriminate
on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The Contractor shall not participate
either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix 8 ofihe
Regulations.
3. Solicitations far Subcontracts, Including Procurement of Materials and EgalpmenI
In all solicitations either by competitive bidding or negotiations made by the Contractor for work to
be performed under a subcontract, including procurement of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations
under this contract and the Regulations relative to nondiscrimination on the ground of race, color,
sex, or national origin_
4. Information and Reports
h0 Contractor shall provide all infornration and reports required by the Regulations or directives
issued pursuant thareto, and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Georgia Department of Transportation or
the Federal 1•1ighway Administration to be pertinent to ascertain compliance with such Regulations,
orders, and instructions. Where any information required of a contractor is in the exclusive
possess inn of another who fails or refuses to furnish this information, the Contractor shall so certify
to the Georgia Department of Transportation, or the Federal Highway Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance
In the event of the Contractor's noncompliance with the nondiscrimination provisions of this
contract, [lie Georgia Department o f Transport ation shall impose such contract sanctions as it or the
Federal Highway Adm inistration may determine to be appropriate, including, but not limited to:
Withholding of payments to the Contractor under the contract until the Contractor
complies; and/or
• Cancellation, ten ainalion, or suspension oFthe contract, in whole or in part.
6. Incorporation of Provisions
The Contractor shal l include the provisions of paragraphs (1) through (5) in every subcontract,
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including procurement of materials and [eases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto. The Contractor shall take such action with respect to any
subcontractor or proeurewent as the Georgia Department of Tra n sportat ion or tare Federal lfighway
Administration may direct as a means of -en forcirig such provisions including sanctions for
noncompliance.
Provided, howevcr, that iii the event a Contractor becomes invo lvcd in, or is threatened with,
litigation tivith a subcontractor or supplier as a result of such direction, the Contractor may request
the Georgia Dcpantmernt ofTransportalion enter into such litigation to protect the interests of the
state and, in addition, the Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
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AFPENDIx B (of ADDENDUM ]I )
The following clauses shall be included in any and xll deeds affecting or recording the transfer of
real property, structures, or improNements thereon, or rntvrest therein from the United States.
Granting Clause
NOW, THEREFORE, the Georgia Department of Transportation (GDOT)- as authorized by law,
and upon the condition that the state of Georgia will accept title to the lands and maintain the
project constructed thereon, in accordance with and in compliance with Title 23, United States Code,
the Regulations for the Administration of Federal Aid far Highways; the policies and procedures
prescribed by the Federal H i ghway Adm in istrat i on of the Department of Tran s portal ion; and all
requirements imposed by or pursuant to Title 49, Code of f=ederal Regulations, Department of
Transpodation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted
Prograrns of the Department of Transportation (hereinafter referred to as the Regufat ions) pertaining
to and effectuating the provisions of Title VI of the Civil Rights Ad of 1964 (78 Stat. 252: 42 USC
2000d to 20OOd-4)--does hereby remise, release, quitclaim, and convey unto the state of Georgia all
the right, title, and interest of the GDOT in and to said land described in Exhibit A attached hereto
and made a part thereof.
Habendum Clause
TO 1 [AVE ARID TO FOLD said lands and interests therein unto the state of Georgia, and its
successors forever, subject, however, to the covenants, conditions, restrictions and reservations
her -cin contained as follows, which will remain in effeet for the period during which the real property
or structures are used for a purpose for whieh the federal financial assistance is extended or for
another purpose involving the provision of si m i In r sery ices or benefits and shall be binding an the
state of Georgia, its suecessars, and assigns.
The state of Georgia , in consideration of the conveyance of said lands and interests in lands, does
Hereby covenant and agree, as a covenant running with the land for itself, its successors and assigns,
that (1) no person shall, on the grounds of rare, co ]or, sex, disability, national origin, age, or religion,
be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination with regard to any facility located wholly or in part on, over, or under such lands
hereby conveyed*, (2) that the state of Georgia shall use the lands, and interests in lands so
conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21,
Nondiscrimination of Federally Assisted Programs of the Department of Trans porlation—
Effectuation of Title VI of the C i v i I Rights Act of 1964, and as said Regulations lnay be amended,
(3) that in the event of breach of any of Eire above mentioned nondiscrimination conditions, the
agency shall have a right to reenter said ]ands and facilities ort said land, and the above described
land and facilities shall thereon revert to and vest in, and become the absolute properly of, GDOT
and its assigns as such interest existed prior to this instruction.'
' Reverter Clause and wlatcd Ianguagr to be used only when it is dourmincd Out such a clause is
necessary in order to eITactuge the popase of Tine VI of Civil H igtks Act of 1967.
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APPENDIX C (of ADDENDUM 1)
The following clauses shall he included in all deeds, licenses, leases, permits, or similar
instruments entered into by GDOT pursuant to the provisions of Assurance 7.
The 1,FSSEE, for himself or herself, his or her heirs, personal representalives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land, that in the event facilities are constructed, maintained, or otherwise operated
on the said property described in this lease, for a purpose for which a GDOT program or activity is
extended, or for another purpose involving the provision of similar seryices or benefits, the LLS SEE
shall maintain and operate such facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations, Department of Transporta I i on, Subtitle
A, Office of the Secretary, part 2l, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation --Effectuation of Title VI of the Civil Rights Act of 1964, as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, tate STATE shall have
the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and
hold the same as if said lease had never been made or issued.
The following shall he included in all deeds, licenses, leases, permits, or similar agreements entered
into by GAOT pursuant to the provisions of Assurance 7.
The LESSER, for himself or herself his or her personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant, and agree as a covenant running
with the land, that (1) no person, on the grounds of race, color, sex, or national origin, shall be
excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination
in the use of said facilities, (2) that in the construction of any improvements on, over, or under such
land and famishing of services thereon, no person on the grounds of race, color, sex, and national
origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
di scrim ination, (3) that the LESSEE shall use the premises in compliance with all req nirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation-- Effectuation ofT itle V1 of the Civil Rights Act of I R04, and as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the STAT1; shall have
the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and
hold the same as if said lease had never been made or issued_
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